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Full text of "Publications of the Nebraska State Historical Society"



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'*'^J.4J ■-'>:: J<L t^t;*' ^"Nebraska State Historical K^ii^ 

Society. SC^!^' 

i^PueUICATIONS OF THE: NEBRASKA ^^"^^ 

i^^tate Historical Society ^»<f*^ 





>i"l;i<Ki AM) 



Silas A. Strickland. 

riiLSlDK.NT XkHRASKA CONSTITITIOX AL COXVENTION OF ISTl. 

Horn ls:)l. liochester. New Yo7-k ; died 1S7S. Omaha. Xe- 
liraska. Settled at Hellevue, Nebraska, (let. 18. ]S,i4. Mem- 
l)er of territorial legislature and speaker of the hoise. 
Private, lieutenant, and adjutant of First Nebraska volun- 
teers. Lieutenant colonel and colonel of the Fiftieth Ohio 
infantry: brevet briiradier jreneral. V. S. district attorney. 
Co i;ui(lc-i- Nelu-aska Crand Army of the Republic. 



^ ' 

OKKIC J A I . WhA »OK T 

OF TlIK 

DBBATBS A.\l) TKOCEHDINiiS 

IN TllK 

NEBRASKA CONSTITUTIONAL CONVENTION 

AssuMilikHl ill Lincoln, Jiiue Tliirteoiitli, I'^ll 



From tlie original sliorthand notes of John T. Boll, John Hall, Dan Brown, 
and .lolm (Iray. Propared for printer (1871) by (iiiy A. Brown, Clerk of 
till' Supremo Court of Nebraska. 



Revised, edited and indexed for publication (1905) by 

ADDISON E. SHELDON, 

Director of I'Meld Work, Nebraska State Historical Society. 



I'ublislied by tlie Nebraska State Historical Society, pursuant to resolution 
of the Twenty-ninth Session of the Nebraska Legislature. 



Volume Eleven, Nebraska Stat e Historica l Society Publications 
' (Ser iesTI— ToTrVT. ) 



97 J^ 




T. E. Sedgwick, York, Nebraska 



1237391 



To the 

llon^ Addison E. Cady, of St. Paul, Senator from 
the Seventeeitth District, 

AND 

Iloii. ]V. D. Jaclson, of JVe/ig/t, Representative from 
tlie fourteenth District, 

W'hosedisintcresttd and able eforts made possille their publication, 

These volumes of the debates of the Constitiilional Con- 
vention of 1871, are dedicated. 



NEBRASKA STATE HISTORICAL SOCIETY 



EXKCUTIVE BOARD 

KLKCTED MEMBKRS 

President — Hon. Henry T. Clarke Omaha 

IstV-Pres. — Robert Harvey St. Paul 

2il V-Pres. — Prof. (ieo. E. Howard Lincoln 

Secretary — Prof. H. W. Caldwell Lincoln 

Treasurer — S. L. (Jeistliardt Lincoln 

EX OFFICIO MEMMKHS 

Governor of Nebraska Hon. John II. INLickey 

Chancellor State University Hon. E. B. Andrews 

Pres. State Press Ass'n lolin B. Donovan. Madison 



OFFICE STAFF 



Jay Amos Barrett Curator and Librarian 

A. E. Sheldon Director of Field Work 

E. E. Blacknian Archeologist 

Daisy M. Palin Newspaper Clerk 



STATED MEETINGS 



Annual meeting of the Society, second Tuesday in January. 
Meetings of Executive Board, first Tuesday after second Mon- 
day in January, April, July, Oetoher. 



PRET^VVCE. 



This volinuc is the tirst of a sei'ios dosigiieil to give to tlio juihiic 
the complete liistory and original records, so far as tliey exist, of tlit 
Constitutioual Conventions of Nebraska. 

Tlie idea of their publication in their present form arose in the 
mind of the editor in 18'J'J, when he found in one of the vaults of the 
State House the original shorthand report of the convention of 1871. 
A few hours reading in the manuscript was enough to convince that 
one of the most important sources of Nebraska political and constitu- 
tional history was sleeping there under thirty years' dust in forgotten 
rest. The discovery of this material and its importance led to a pro- 
longed and thorough search for the lost minutes of the convention of 
1875. The story of those minutes, as told by Mr. II. H. Wheeler, 
formerly of the Supreme Court office, is as follows: 

"In the fall of 1889, some days after the death of Guy A. 
Brown, Clerk of the Nebraska Supreme Court, (which occurred Oct. 
27th of that year), I went into the basement vault of the Clerk of the 
Supreme Court in the state capitol to get some articles belonging to 
me. On the stairway I met David C. Crawford, one of the state 
bouse janitors, with a Swedish helper named Henry, conveying a 
cracker box with a lot of papers in it upstairs. ] instantly recognized 
the papers as the manuscript report of the debates in the constitutional 
convention of 1875. I told the janitors that they were very valuaMe 
papers and ought to be preserved. When I came up from the vaults 
a few minuies later I stepped into the office of the Secretary of Sta^c, 
and told Nelson McDowell, Chief Clerk, and O. C. Bell, Deputy 
Secretary of State, what I had seen; called their attention to the 
value of the papers, and that they properly belonged in the custody 
of the Secretary of State. I have never seen the debates since, al- 
though I have made diligent personal search for them in the state 
house, having an important law suit involving a constitutional ques- 
tion which the debates would iiave shed light upon. I have never 
found any one who has seen those manuscripts since that dav. 

" I remember perfectly the form of the manuscript. It was 
written with lead pencil on sheets of soft newspaper, cut into note 



8 . PREFACE 

head size, and each day's proceedings tied up separately. The man- 
uscript had been kept many years in tbat cracker box — at iirst in the 
Secretary of State's office. Latei- it was kept in the office of the 
Clerk of the Supreme Court, because there was more table room there 
for persons who desired to consult it. I entered the Clerk's office in 
1876, the year after the convention, and remember many lawyei's get- 
ting the manuscript to consult. I remember in particular Mrs. Clara 
B. Colby using the manuscript many times to familiarize herself with 
the work of the convention of 1875." 

A long and painstaking search by myself through all the 
vaults and rooms of the state house was finally rewarded in 1900 by 
finding several rolls of original manuscripts of the convention of 1875 
in one of the basement rooms. These manuscripts were chiefly orig 
inal committee reports upon different parts of the constitution, — in 
some cases both minority and majority reports being submitted, — and 
a few minutes of convention work. These were made the subject of 
a special article by me in the Omaha Daily Bee of February 
24, 1901, and are now a part of the archives of the State Historical 
Society. 

Upon coming into charge of the field work of the Historical 
Society, in April, 1901, correspondence and search was begun for all 
documents, recollections, letters and newspaper accounts giving orig- 
inal information respecting the constitutional conventions of Ne- 
braska. The program of the State Historical Society meeting Janu- 
ary 12-13, 1903, was upon the subject, and many interesting 
reminiscences of the conventions of 1871 and 1875 were there related. 
Among other material gathered in the last four years is that found in 
Gov. Furnas' voluminous scrap books which have been given to the 
Historical Society, abstracts of newspaper reports of the convention 
of 1876 as they appeared in the Omaha and Lincoln dailies of that 
time and, during the summer of 1905, all the letters and manuscripts 
of the late Judge Samuel Maxwell, of Fremont, who was a member 
of the convention of 1S71 and also that of 1875. 

The story of how the manuscripts of the 1871 convention were 
obtained for these volumes, and how — most important of all — the 
money for their publication was obtained, has had all the excitement 
of a drama in real life for the writer. It may be of interest to the 
public now, and to that vaster public yet to be born and live upon 



PREFACE 9 

tlit'se prairies tiirou<;li all tlie centuries that are to come. A written 
a|)plicutioii was inaile to Secretary of State Marsli in December, 1904-, 
for use of the 1871 manus ;ript to edit and prepare foi' ])ublicatioii. 
The matter went over and was hiid upon the desk of incoming Secre- 
tary of State Galusiia, in >Iamiary, I'.tOo. The .Secretary was entirely 
willing that the manuscripts should be used, but encountered a direct 
prohibition in the statute which forbade him to "permit any original 
rolls, papers, or public documents tiled in his office to be taken out 
of it unless called for by resolution of either or both houses of the leg- 
islature, or for examination by the executiv-e.'" Upon consultation 
with the Attorney General Norris Hrown, a preamble and resolution 
was drawn up by the writer, approved by the Attorney General, given 
to Representative N. D. Jackson of Antelope county, by him intro- 
duced in the House February 6tii, and )>assed unanimously. The 
resolution is as follows: 

WiiEUEAs, the verbatim report of the debates in the Nebraska 
constitutional convention of L871, prepared in manuscript (as the 
legend thereon states) by the Hon. Guy A. Brown fur use as printers' 
copy to publish said debates has lain unused in the vaults of the cap- 
itol over thiity years, and 

Whkkkas, the constitution framed by that convention was re- 
jected by the voters at the polls and these debates were therefore 
never published, and 

Whereas, the Nebraska State Historical Society is now prepar- 
ing for publication a history of the constitutions of Nebraska giving 
all the original source material upon the present constitution and 
those which preceded it, and 

Whereas, these debates of the convention of 1871 have been 
carefully examined by the otHcers of the historical society and found 
to be of great historic and general interest, covering in discussion the 
vital points in our present constitution,- the verbatim report of whose 
convention is lost, and it is highly desirable to have them properly 
edited, indexed and published so as to make them available to all the 
people of the state, therefore, be it 

Ht'soli'ed, by this house that the secretary of state is hereby 
authorized and called upon to deliver to the proper officer of the 
Nebraska State Historical Society said manuscript printers' copy of 
the debates of the convention of 1871 for publication under the 
auspices of said society, taking his receipt therefor. 

Armed with a certified copy of this resolution from the Chief 
Clerk of the House the manuscripts were secured from the Secretary 



10 PRE'^ACE 

of State, transferred to the Historical Society rooms that very day, 
and work begun revising them for publication. 

The hardest part of the task remained to be accomplished — to 
secure from the legislature, confronted with a large state debt, and 
clamorously besieged for appropriations in behalf of state institutions 
and new buildings, the money that was absolutely required to give 
these dusty manuscripts to a reading public. By special arrange- 
ment Prof. Howard W. Caldwell and the writer had a brief hearing 
before the House Committee on Finance, Ways and Means, February 
l-tth. The full committee was not present, the session was hurried, 
the members were tired, and no action was taken upon the request. 
The general appropriation bill was framed and reported aud passed 
the house with no item for the priming of these debates. 

The senate was the last chance. How to secure from hurried, 
crowded senators the attention needed to convince them of the real, 
practical as well as scientific, value of these early Nebraska records, — 
that was the problem. Its solution was attempted by the following 
brief, which was framed and sent to every member of the senate with 
a personal letter: 

BRIEF FOR A SPECIAL ITEM OF ^2,500 TO PUBLISH DE- 
BATES OF NEBRASKA CONSTITUTIONAL 
CONVENTION OF 1871. 



1. Nebraska has had four constitutional conventions — l8t>4, 
1866, 1871, 1875. The first one adjourned without framing a con- 
stitution. The second framed our first constitution. The third sat 
47 days and framed a document which was defeated at the polls 
The fourth made our present organic law, between Mav 12 am! 
June 12. 

2. The minutes of the 1875 convention are lost. We have 
only the journal, the memories of members, newsjKiper accounts and 
letters from which to reconstruct its proceedings. 

3. The minutes of 1871 are complete — every word spoken in 
the convention. The same topics were discussed in 1871 as in 1875 
and the constitution defeated in 1871 is the real motlel upon whose 
lines the ])resent constitution is built. The record of 1871 is, there- 
fore, the most valuable existing commentary on our present document. 



PREFACE I 1 

4. The following is the list of members of tlie convention of 
1871: (List here oiuittcd"i. 

5. The debates are vigorous, eoniprehensive antl stirring, Tlic 
vital (|UCstion8 argueil today in our com ts and public forums were 
debated in the convention bv the early founders of this common- 
wealth, many of whom have since been leaders in its affairs. 

(). The minutes of IS? 1 will make two volumes of (!UU pages 
each in brevier type. A third volume of about ecjual size w'ill con- 
tain all the original n)atter attainable in relation to the conventions 
of 18(i-i, lSt)t) and 1875. 

7. The cost of printing jier page will bo between §1.25 and 
$2.00, depending upon the size of the edition. 

8. The Historical Society cannot print these volumes without a 
special allowance. It is required by the act which makes it a state 
institution (Wheeler, Chap. 84a; Cobbey, paragraph 11,375) to pub- 
lish its transactions and the histoiical addresses delivered at its annual 
meetings. Its regulai' biennial apjuopriation of §10,000 for current 
expenses will not take care of this special item after ordinary expenses 
are paid. 

9. These Constitutional Convention volumes should be i>rinted 
NOW — to quote the words of Senator Mauderson in a recent letter 
endorsing the plan — '-while there are members yet living who can 
read proofs and offer correction and comment.'" 

Then began a campaign to awaken members of the Senate 
finance committee to a realization of the importance of the little item. 
Letters were written to all the members of the 1S71 and 1875 conven- 
tions, enclosing a copy of the brief, and asking them, who knew bet- 
ter than any other persons the value and interest of the proposed 
volumes, to write to their own senator and also to the chairman of 
the senate finance committee. Besides this, similar letters were sent 
to members of the State Historical Society, to prominent lawyers and 
to personal friends of the writer over the state. First and last, over 
a thousand letters were written. The response was generous, and I 
have since wondered whether Senator Good, Chairman of that com- 
mittee, thought a conspiracy had been organized against his peace of 
mind to secure that sum of $2,500. At this critical juncture the per- 
sonal interest of Senator A. E. Cady, of Howard County, was secured 
for the item after a thorough explanation and understanding of its 
merits. March 23d the senate finance committee agreed to add the 
following amendment to the general appropriation bill: 

"For printing special volumes of series two, containing minutes 



12 PREFACE 

and original sources of Nebraska Constitutional Conventions of 
1871, 1875, 1S6(> and 1864, and other original material, for the 
biennium, two thousand live hundred dollars." 

On March 28th, the general appropriation bill passed the senate 
with this amendment, and was sent back to the house. 

The scene of battle now shifted to the house of representatives 
and on March 29th the following letter, with a printed copy of the 
brief before mentioned, was sent to every member of the house, 
accom]:>anied in some cases by a personal note. 

"Hon 

Dear Sir: — Tiiis calls your attention to an ameudmeut made by 
the senate to H. R. 347, — adding a special item of §2,500 for pub- 
lishing the debates and records of Nebi-aska Constitutional Conven- 
tions. 

The enclosed printed slip summarizes some of the reasons why 
this special item is placed in the bill. To this there may be added 
the following points: 

(a) Timeliness This is a pei'iod of agitation in Nebraska for 
new constitutions and the constitutional amendments. These strong 
debates on constitutional structure by Nebraska's leading lawyers and 
statesmen will be read with interest and profit bv all interested in 
our present and future constitutions. 

(b) Subjects discussed. Among tde leading subjects debated 
in these documents are, — Revenue, Corporation Control and Liability, 
Municipal Institutions, School Systems, Exemptions, Suffrage, Etc. 

(ci Origin of the Item. The debates of 1871, as prepared by 
Guy A. Brown, have lain a third of a century in the state house 
vaults. Some time ago they were dug up by the undersignetl, and 
found to contain most valuable matter. With the co-operation of the 
Secretary of State and the Attorney General's office, a resolution 
was drawn up and introduced in the house by Representative N. 
D. Jackson, of Antelope, delivering them to the Historical Society 
to be edited and published. 

(il) Endorsement. The leading judicial and legislative officers 
of the state, past and present, have unanimously commended and en- 
dorsed the proposed publication, — so far as interrogated on the ques- 
tion. 

(e) Cost. The estimate of !?2500 is as low as can be safely 
made. Tiie three volumes will contain from 1500 to 1800 jiages of 
brevier type — the same as that used in the State Agricultural Society 



PREPACK 13 

Kuport. Tlie last Ilistoiical Sociuty report was let at ^l.(J5 jxii- jjafjo, 
2,000 copies. The demand for our rei)0rt8 is constantly growing, 
and foi' these special volumes will without doubt call for a larger 
edition. 

Your interest in the above item is asked, and your vote to retain 
the same. 1 know we shall not need to ask your interest in the vol- 
umes when they are published." 

March 30th was the last legislative day of the session. The 
bouse refused to concur in the senate amendments to the general 
appropriation bill and conference committees were appointed. 
Lieutenant Governor McGiltou appointed Senators Good, Cady, 
Bresee, Hallerand Gould on the part of the senate. Speaker Kouse 
named Representatives Douglas, Kaley, Davis, Burns and McLeod 
for the house. In the conference room some effort was made to 
strike out the item for constitutional convention publication. The 
instantaneous and strong support of Senator Cady at this vital 
moment saved the item and the bill came out of conference with the 
senate amendment intact. A few minutes later the unanimous report 
of the conference committee was approved in i)Oth houses. The 
tight fortlie publication of Nebraska's constitutional archives was won. 

A few words as to the condition of the manuscript of 1871. It 
was written in lead pencil, in several different handwritings, on sheets 
of white newspaper about seven inches by ten and one-half inches in 
size, with frequent annotations in shorthand upon the back of the 
sheets, generally indicating where one reporter relieved another. 
Each days" proceedings was wrapped in a paper cover and indorsed 
to show its date. The whole was inclosed in six heavy card board 
tile cases marked on the outside, "Minutes of Constitutional Conven- 
tion of 1871." A slip of paper in Guy A. Brown's handwriting 
upon the first days' proceedings stated that it was prepared for the 
printer by him. 1 am convinced, however, that he never read it 
through. His characteristic handwriting is absent from the subse- 
quent pages. Where corrections had been made they were in the 
hand of one or other of the reporters. 

In my own editing of the manuscript for publication I have 
made such changes only as seemed clearly warranted to render the 



14 PREFACE 

plain sense coherent and inteligible. This has required manj alter- 
ations of punctuation and capitalization, — breaking up into separate 
clauses and sentences what the fast-flying shorthand of thirt}- years 
ago had run together in hopeless wreck of syntax. Where the reporter 
had clearly written the wrong word the coi'rect one has been added 
enclosed in square brackets. [ ] In one or two places the manuscript 
report ot a member's speech had been given liim for correction by 
the reporter and was not returned. A notable and much regretted 
instance is the absence of one of Judge O. P. Mason's speeches on 
corporations. Every known effort has been made to supply all 
omissions and to correct all errors of the text. At the suggestion of 
Gen. Chas. F. Manderson proofs have been sent to all living mem- 
bers of the convention, so far as they could be reached, and it is ex- 
pected to gather their corrections and recollections into notes at the 
end. 

It has been a glad task for me — to rescue these early records of 
Nebraska from mice and moth and accident and fire and give them 
fit place in the growing literature of those pioneer days whose human 
charm and interest grows through each decade by what Lowell calls 
the "simple magic of dividing time." To know the ideas of human 
liberty and civic institutions which were held upon these prairies in 
the days of their first settlement, which fought for recognition in the 
frame-work of government — that will be worth something to future 
generations, — is worth something today. It is more than that to me. 
It is to hear from these printed pages the voices of pioneer Nebraska 
orators, thinkers and statesmen, — familiar to my childhood's ear, — 
speaking in the old phrases: — ^to see once more the flash of the eye 
and the characteristic gesture accompany a favorite utterance as the 
combat in convention grows warm and[]sometimes personal. Many 
of those voices are now forever stilled. Soon all will be. The 
memory of the work they wrought, of the hardships and dangers they 
endured, will be an inspiration to all children of men who shall here- 
after enjoy the fruit of the institutions and the spirit they planted upon 
these plains. In the liopr and belief that these records will liolji 
make vivid and real the deeds of eai'ly days for future men and 
women they are given to the public. May sons and daughters of 



PREFACE 15 

Nebraskr. feel us tliey read tliese pages in years to come tliefuU force 
of the staii/.a from In Memoriam: 

'•So word by word and line by line, 

"The dead man touched me from the past, — 
*' And all at once it seemed at last 

"The living soul was flashed un mine." 

nisT..KioAL SOCIETY ROOMS, ADDISON E. SHELDON. 

January 12, 1906. 



NEBRASKA CONSTITUTIONAL 

CONVENTION 

OF 1371. 



FIRST DAY. 

Agreeable to the provisions of "an 
Act to provide for calling a Conven- 
tion to Revise, Alter or Amend the 
Constitution of the State of Nebras- 
ka," approved March 27, 1871, the 
delegates elect thereto, assembled 
In the Hall of the House of Represen- 
tatives, in the city of Lincoln, at 2 
o'clock p. m. on the 13th day of June 
1871, and were called to order by 
Mr. S. M. Kirkpatrick of Cass upon 
whose motion Jlr. JlcCann. of Otoe, 
was chosen President pro tern. 

On motion L. E. Cropsey, of Lan- 
caster, was chosen Chief Secretary 
and H. M. Judson of Douglas, Assis- 
tant Secretary pro tem. 

On motion the law providing for 
the calling of the convention was 
read by the Secretary, as follows: 

An Act to provide for calling a Con- 
vention to revise, alter or amend 
the Constitution of the State of 
Nebraska. 

Be it enacted by the Legislature of 
the State of Nebraska: 

Sec. 1. That a Convention to re- 
vise, alter or amend the Constitution 
of the State of Nebraska, is hereby 
called to meet at the State House, 
In the city of Lincoln, on the second 
Tuesday in the month of June, 1871; 



said Convention shall consist of fifty- 
two members, who shall be chosen in 
the districts entitled to elect members 
of the House of Representatives and 
Senate, and each Representative and 
Senatorial district, as constituted by 
law, at the time of holding the elec- 
tion for members of said Convention, 
shall be entitled to elect as many 
members of said Convention as said 
district may be entitled to elect mem- 
bers of the House of Representatives 
and Senate. 

Sec. 2. The members of said Con- 
vention shall be chosen in the same 
manner, at the places fixed for hold- 
j ing general elections, and by the 
' electors qualified to vote for mem- 
bers of the House of Representatives 
and Senate. 

Sec. 3. The election of members of 
said Convention shall be held on the 
first Tuesday in the month of May, 
1871: and such election shall be con- 
ducted in conformity to the laws in 
force respecting elections; and the 
Clerks or other officers whose duty 
it shall be to give notice of election 
for members of the House of Repre- 
sentatives and Senate, shall give no- 
tice in the same manner of the elec- 
tion for members of said Convention. 
Sec. 4. The several judges shall 
return the votes given at said elec- 
tion, and the votes shall be canvassed 
in the same manner as shall then be 
provided by law for the canvass and 
: return of votes In elections for mem- 
ibers of the House of Representatives 



18 



ORGANIZATION 



CALL TO ORDER 



[June 13 



and Senate, and certificates of elec- 
tion shall be given to persons entitled 
thereto, by the same officers and in 
the same manner as members of the 
House of Representatives and Senate, 
phall be entitled to receive the sam^; 
and in case of contested elections to 
the Convention, the contesting candi- 
dates shall pursue the same course 
and be governed by the same rules as 
shall then be provided by law in con- 
tested elections for members of the 
House of Representatives and Senate. 

Sec. 5. The members chosen to 
said Convention shall meet in the 
hall of the House of Representatives 
on the day before mentioned, at the 
hour of 2 o'clock P. M., and before 
entering upon their duties as mem- 
bers of said Convention, shall each 
take an oath to support the Consti- 
tution of the United States, and to 
faithfully discharge his duty as a' 
member of said Convention; said 
Convention shall be the judge of the 
election, and qualification of its own 
members: and the members shall be 
entitled to the same privileges to 
which members of the Legislature 
are entitled. 

Sec. 6. The members of said Con- 
vention shall elect one of their num- 
ber President, and may elect one or 
more Secretaries, and such other offi- 
cers and employees as the business 
of the Convention may require; the 
members of the Convention and their 
Secretaries shall be entitled to re- 
ceive as compensation for their ser- 
vices three dollars per day, and the 
same mileage as may be allowed by 
law to members and clerks of the 
House of Representatives and Senate; 
the subordinate officers and employ- 
ees shall receive such compensation 
as the Convention shall by resolu- 
tion direct. 

Sec. 7. The amount due each per- 
son shall be certified by the Presi- 
dent of the Convention to the Audi- 
tor of State, who shall issue war- 
rants upon the Treasurer of the State, 
and the same shall be paid by the 



Treasurer as other warrants are 
paid. 

Sec. S. It shall be the duty of the 
Secretary of State to attend said Con- 
vention at the opening thereof: and 
he and all other public officers shall 
furnish said Convention with all such 
statements, books, papers and public 
documents in their possession, or per- 
taining to their office, as the Conven- 
tion may order or require: and it 
shall be the duty of the Secretary of 
State to furnish the members with 
such stationery as is usual for the 
Legislature while in session, and to 
cause such printing to be done as the ■ 
Convention may require. 

Sec. 9; The amendments, altera- 
tions or revisions of the Constitution 
agreed to, together with the journal 
of said Convention, shall be filed in 
the office of the Secretary of State. 
The amendments, alterations or re- 
visions of the Constitution shall be 
published in such manner and in such 
quantity as shall be ordered by the 
Convention. 

Sec. 10. The amendments, alter- 
ations or revisions of the constitu- 
tion shall be submitted to tlie people 
for their adoption or rejection, at an 
election to be called by said conven- 
tion, and every person entitled to 
vote by the laws in force at the time 
such election is held, may vote on 
the adoption or rejection of said 
amendments, alterations or revisions 
of the constitution, and said amend- 
ments, alterations or revisions of the 
constitution shall not take effect un- 
less adopted by a majority of the 
electors voting at such election. 

Sec. 11 The amendments, altera- 
tions or revisions shall be so prepared 
and distinguished by numbers or oth- 
erwise, that they can be voted upon 
separately, unless the convention 
shall deem the same iinnecessary or 
impracticable. The convention shall 
prescribe the form or manner of vot- 
ing, the publication of the amend- 
ments, alterations or revisions, the 
notice of elections, and such other 
matters as in their judgment the 



ORGANIZATION 



19 



Tuesday 1 



COMMITTEE ON CREDENTIALS 



IJune 18 



best interests of the State may de- 
mand. 

Sec. 12. At the election required 
by section 10 of this act, the judges 
of election shall receive the votes 
In the form to be prescribed by said 
Convention, anil the laws of this 
State then in force relating to gener- 
al elections, shall apply to the vot- 
ing upon said amendments, altera- 
tions or revisions, so far as the same 
can be made applicable thereto; and 
the votes shall be canvassed, and all 
proceedings shall be had in regard 
to them, as nearly as practicable, 
in the manner prescribed by law then 
in force, in respect to elections for 
State officers, provided that said con- 
vention may prescribe any other man- 
ner of canvassing the votes given at 
said election, and provide the way 
and manner of tlic aniondnients. al- 
terations or revisions of the- consti- 
tution taking effect after its adop- 
tion by the people. 

Sec. 13. .\ny newspaper in this 
State, which shall give this act one in- 
sertion before the tenth day of April. 
1871, shall, upon forwarding to the 
Secretary of State a copy contain- 
ing such publication, be entitled to 
receive pay for the same, at the same 
rate as allowed by contract for pub- 
lishing the laws of the State, which 
sum shall be certified to the Auditor, 
■who shall draw a warrant upon the 
Treasurer for that amount. 

Sec. 14. That the sum of fifteen 
thousand dollars, or so much thereof 
as may be necessary to carry into eff- 
ect the provisions of this Act, be 
and the same is hereby appropriated 
out of any moneys in the Treasury 
not otherwise appropriated. 

G. W. COLLIN'S. 
Speaker of the House of Representa 
tlves. 

E. E. ounningha:\i. 

President of the Senate. 
Approved March 27, A. D. 1871. 

WILLIAM H. JAMES, 

Acting Governor. 
I hereby certify that this hill origi- 



nated In and passed -the House of 
Representatives. 

L. E. CROPSEY, 
Ass't Clerk House of Representatives. 

On motion the chair appointed the 
following Committee on Credentials: 

J. C. Myers, of Douglas. 

J. E. Philpott, of Lancaster. 

S. P. Majors, of Nemaha. 

H. S. Newsom, of Otoe. 

O. A. Abbott, of Hall. 

On motion Convention took a re- 
cess of twenty minutes. 

After recess. Mr. Myers, Chair- 
man of Committee on Credentials 
reported that they had examined the 
credentials of the following persons 
and found them entitled to seats in 
this body: 

0. A. Abbott, Hall county, 9th 
Senatorial District. 

M. Ballard, Washington county, 
17th Representative District. 

J. E. Boyd, Douglas county, 5th 
Senatorial District. 

J. C. Campbell, Otoe county, 3rd 
Senatorial District. 

J. N. Cassell, Lancaster county, 8th 
Representative District. 

W. H. Curtis, Pawnee county, 14th 
Representative District. 

J. W. Eaton. Otoe county, 3rd Rep- 
resentative District. 

E. Estabrook. Douglas county, 
5th Senatorial District . 

P. S. Gibbs, Burt county, 18th 
Representative District. 

G. C. Granger. Dakota county, 21st 
Representative District. 

E. N. Grenell. Sarpy county, 15th 
Representative District. 

E. F. Gray, Dodge county, 19th 
Representative District. 

N. K. Griggs, Gage county, 12th 
Senatorial District. 

1. S. Hascall, Douglas county, 16th 
Representative District. 

B. I. Hinman, Lincoln county, 
26th Representative District. 

J. A. Kenaston, Cass county, 4th 
Representative District. 



20 



ORGANIZATION 



Tuesday] 



OATH OF OFFICE 



Jas. Kilburn, Saunders county, 8th 
Senatorial District. 

S. M. Kirkpatrick, Cass county 4th 
Representative District. 

G. B. Lake, Douglas county, 16th 
Representative District. 

Lewis Ley, Stanton county, 2 3rd 
Representative District. 

Waldo Lyon. Burt county, 6th Sen- 
atorial District. 

D. J. McCann, Otoe county, 3rd 
Senatorial District. 

S. P. Majors, Nemaha county, 2nd 
Representative District. 

O. P. Mason, Otoe county, 3rd 
Representative District. 

C. F. Manderson, Douglas county, 
25th Representative District. 

Samuel Maxwell Cass county, 4th 
Representative District. 

D. T. Moore, York county, 13th 
Representative District. 

J. C. Myers Douglas county, 16th 
Representative District. 

J. D. Neligh, Cuming county, 20th 
Senatorial District. 

B. S. Newsom, Otoe county, 3rd 
Representative District. 

W. Parchen, Richardson county, 
1st Representative District. 

H. W. Parker, Seward county, 10th 
Representative District. 

J. E. Philpott, Lancaster county, 
11th Senatorial District. 

B. Price, Jefferson county, 12th 
Representative District. 

H. M. Reynolds, Gage county, 7th 
Representative District. 

Seth Robinson, Lancaster county, 
8th Representative District. 

J. B. Scofield, Otoe county, 3rd 
Representative District. 

Jacob Shaff, Saunders county, 9th 
Representative District. 

A. L. Sprague, Saunders county, 
9th Representative District. 

R. F. Stevenson, Cuming county, 
7th Senatorial District. 

C. A. ,S|ieicc, I'latto county, 22nd 
Representative District. 

A. S. Stewart, Pawnee county, 5th 
Representative District. 

S. A. Strickland, Douglas county. 



16th Representative District. 

Geo. H. Thummel, Hall and Mer- ^ 
rick counties, 2 4th Representative ^ 
District. 

E. W. Thomas, Xemaha county, 4th 
Senatorial District. 

F. A. Tisdel. Xemaha county, 2nd 
Representative District. 

E. S. Towle, Richardson county, 
1st Senatorial District. 

Victor Vifquain, Saline county, 
11th Representative District. 

E. Wakeley, Douglas county, 16th 
Representative District. 

A. J. Weaver, Richardson county, 
Wt Representative District. 

John Wilson, Johnson county, 6th 
Representative District. 

J. M. Woolworth, Douglas county, 
16th Representative District. 

On motion the report was accept- 
ed and the Committee discharged. 

On motion of Mr. Estabrook, Chief 
Justice Mason administered the oath 
of oflBce to all other members, and 
the oath was administered to him by 
Associate Justice Lake. 

Mr. Myers moved that the Conven- 
tion now proceed to elect a perma- 
nent President. 

Amended by Mr. Maxwell that the 
election be by ballot. 

A motion to adjourn until tomor- 
row morning was lost. 

Mr. Kirkpatrick moved a call of the 
House which was agreed to. 

On a call of the roll those not an- 
swering were Messrs. Robinson and 
Wakeley. 

On motion of Mr. Estabrook the 
rules of the last House of Representa- 
tives so far as applicable, were 
ado|itcd for the temjiorary k^'vitii- 
ment of this body. 

On motion Messrs. Parker, Phil- 
pott and Towle were appointed tell- 
ers by the chair 



ORGANIZATION 



21 



Tuesday] 



ELECTION OP PRESIDENT 



(June 13 



The Convention then proceeded to 
ballot for the permanent president 
with the following result: 
S. A. Strickland, of Douglas. ... 20 

D. J. McCann, of Otoe 3 

O. P. Mason, of Otoe 13 

E. W. Thomas, of Nemaha 7 

J.. M. Woolworth, of Douglas 1 

J. E. Boyd, of Douglas 1 

Geo. B. Lake, of Douglas 3 

J. C. Myers, of Douglas 2 

No election. 

A motion to adjourn until to-mor- 
row morning at nine o'clock was lost. 

Upon the second ballot the follow- 
ing was the result: 
S. A. Strickland 2G 

D. J. McCann 1 

O. P. Mason 16 

E. W. Thomas 5 

Geo. B. Lake 1 

J. M. Woolworth 1 

The PRESIDENT pro tern. Mr. 
Strickland having received a major- 
ity of all votes cast, he is hereby de- 
clared duly elected permanent Presi- 
dent of this Convention. I appoint 
Messrs. Lake. Mason and Woolworth 
a committee to wait upon Mr Strick- 
land, inform him of his election, and 
conduct him to the chair. 

Mr. Strickland was then conducted 
to the chair by the gentlemen named 
as the Committee. 

The PRESIDENT pro tem. I 
have the honor to introduce to you 
Silas A. Strickland, Permanent Presi- 
dent of the Convention, (applause). 

The PRESIDENT then addressed 
the Convention as follows: 

Address of The President. 

GENTLEMEN OF THE CONVEN- 
TION, It will be unnecessary for me 
to say I feel very grateful for this 



compliment, and indeed, I regard it 
as a great compliment. I hope to 
have at the conclusion of our labors, 
as much of your respect as I have to- 
day of your confidence. I shall try 
to preside with all the fairness and 
impartiality I can command. When I 
look about me and see so much of the 
best ability of the state, I am satisfied 
I shall be materially helped in the 
performance of my duties. Again I 
thank you, gentlemen, for this com- 
pliment. 

Adjonmment. 

Mr. MYKH.-^. I iiiovl'. that the Con- 
vention adjourn until two o'clock 
P. M. 

The motion was agreed to. 

So the Convention (at twelve 
o'clock) adjourned. 

Afternoon Session. 

Mr. McCANN. Mr. President I 
move that a Committee of seven be 
appointed to prepare Rules for the 
government of the Convention, Car- 
ried. 

On motion the Convention proceed- 
ed by ballot to elect a Chief Clerk. 

The following gentlemen were put 
in nomination: Guy A. Brown, L. E. 
Cropsey, L. L. Holbrook, C. M. Blak- 
er. 

The first ballot resulted as follows: 

Brown 11 

Cropsey 20 

Holbrook 16 

Blaker 3 

No election. 

The second ballot resulted as fol- 
lows: 

Brown 7 

Cropsey 21 

Holbrook 22 

No choice. 



22 



ORGANIZATION 



Tuesday) 



ELECTION OF OFFICERS 



(June 23 



The third ballot resulted as fol- 
lows: 

Cropsey 24 

Holbrook 26 

The PRESIDENT. Mr. Holbrook 
having received a majority of all 
the votes cast is hereby declared duly 
elected Chief Secretary of this Con- 
vention. 

On motion of Mr. Hascall the Con- 
vention proceeded to the election of 
an Assistant Secretary. 

The following nominations were 
made: Guy A. Brown, J. G. Miller, 
L. E. Cropsey, H. M. Judson, W. S. 
McGowan, and C. M. Blaker. 

The first ballot resulted as follows: 

Miller 2 

Brown 5 

Cropsey 19 

Judson 7 

McGowan 13 

Blaker 3 

No election. 

The second ballot resulted as fol- 
lows: 

Miller 1 

Brown 3 

Cropsey 24 

Judson 5 

McGowan 17 

No choice. 

The third ballot resulted as fol- 
lows: 

Miller 1 

Brown 3 

McGowan 18 

Cropsey 27 

The PRESIDENT. Mr. Cropsey 
having received a majority of all the 
votes cast, is hereby declared duly 
elected Assistant Secretary of this 
Convention. 



On motion, C. E. Hlne was unan- 
imously elected Doorkeeper. 

On motion, the Convention pro- 
ceeded to the election of a Sergt-at- 
Arms. the members voting VIVA 
VOCE. 

On the first ballot the result was 
as follows: 

Clark 30 

Kline 15 

Parker 4 

The PRESIDENT. Mr. Clark hav- 
ing received a majority of all the 
votes cast, is hereby declared duly 
elected Sergt-at-Arms of this Con- 
vention. 

Moved that the Convention pro- 
ceed to the election of a Postmaster. 
Lost. 

On motion the Convention proceed- 
ed to the election of two Pages. 

A motion to elect a third was 
lost, and Master W. T. Odell, Thos. 
Rush, R. "W. Patrick and C. Y. White- 
sides were put in nomination. 

The result of the call was as fol- 
lows: 

Odell 39 

Whitesides . . . .• 34 

Rush 2 5 

Patrick 1 

Hodges 2 

Masters Odell and Whitesides were 
then declared duly elected. 

A motion was adopted requesting 
the clergymen of the city to make 
arrangements among themselves to 
furnish prayers for the Convention 

Pending a motion that the Presi- 
dent be authorized to appoint a Jan- 
itor, the Coni'ention adjourned till 
10 o'clock to-Diorrow. 

Mr. MYERS. I move that ;i .Jani- 
tor be appointed for this Convention. 



ORGANIZATION 



28 



Wednesday I 



REPORT OF rOMMITTEK ON RULES 



IJu 



Adjournment. 

Mr. WOOLWORTH. Mr. Presi- 
dent, I move that this Convention 
now adjourn. 

The motion was agreed to. 

So the Convention (at five o'clock 
P. M.) adjourned. 



SECOND DAY. ' 

Wednesday, June 14, 1871. j 
Convention called to order by the 
President. 1 

Prayer by Rev. Mr. Fi field 
Roll call. All members being pres- 
ent but Mr. Robinson. 

Judge WAKELEY of Douglas be- 
ing present, on motion the oath of 
office was administered to him by 
Chief Justice Mason. Judge Mason 
also administered the oath to the of- 
ficers of the Convention. 

Minutes of the preceding day read 
and approved. 

The President announced the fol- 
lowing Committee on Rules, viz: 
Messrs. 

McCann, of Otoe. 
Lake, of Douglas. 
Thomas, of Nemaha. 
Maxwell, of Cass. 
Towle, of Richardson. 
Abbott, of Hall. 
Philpott, of Lancaster. 
Mr. McCANN, Chairman of Com- 
mittee on Rules' announced that the 
committee was ready to report. 
The report was thereupon read by 
the Secretary as follows: 

Rules, of The Convention. 
Number 1. A majority of the Con- 
vention shall constitute a quorum, 
but a smaller number may adjourn 
from day to day, and compel the at- 
tendance of absent members. 

No. 2. The Convention shall keep 
a journal of its proceedings, and pub- 



lish them. The yeas and nays of the 
members on any question shall, at 
the desire of any three of them, be 
entered on the journal. 

No. 3. Any two members of the 
Convention shall have liberty to dis- 
sent and protest against any act or 
resolution which they may think 
injurious to the public, or to any in- 
dividual, and to have the reasons 
of tlu'ir (lissi'iu, in rcspi'Clfiil lan- 
guage, fnt'MVd mi tic journal, "itliniit 
debate, whenever the same shall be 
filed with the Secretary. 

No. 4. The Convention may rep- 
rimand or censure its members for 
disorderly behavior, and with the 
concurrence of two-thirds of all the 
members elected, expel a member, 
anil tlic reason I'cir ~uch i'miuIsIdu 
shall be entered upon the journal, 
with the names of the members vot- 
ing on the question. 

No. 5. The Convention during its 
sessions, may punish by imprisonment 
any person not a member, who shall 
be guilty of disrespect to the same 
by any disorderly or contemptuous' 
behavior in its presence; provided, 
such imprisonment shall not at any 
one time exceed twenty-four hours. 

No. G. The Door-keeper shall not 
permit any person not a member of 
this Convention to pass inside the 
hall, except Judges of the Federal 
and Supreme Courts of this State, 
the Acting Governor, Heads of De- 
partments, members of the Senate 
and House of Representatives of the 
United States, officers of the Conven- 
tion, and reporters of the press duly 
assigned as such by this Convention. 

No. 7. The. President shall take the 
chair every day, at the hour to which 
the Convention shall have adjourned; 
shall immediately call the members 
to order, and on the appearance of a 
quorum shall cause the journal of 
the preceding day to be read: and 
; in all cases, in the absence of a quo- 
[ rum. the meniberri present may take 
such measures as shall be necessary 
to procure the attendance of absent 
members, and the Convention may ad- 



24 



ORGATS^IZATION 



Wednesday i 



RULES OP THE CONVENTION 



[June 14 



journ from day to day until a quo- 
rum shall be present. 

No. 8. He shall preserve decorum 
and order; may speak to points of 
order in preference to other mem- 
bers, rising from his seat for that 
purpose, and shall decide questions 
of order, subject to an appeal to the 
Convention by any one member; on 
which no member shall speak more 
than once unless by leave of the Con- 
vention. 

No. 9. He shall rise to put a ques- 
tion, but may state it sitting. 

No. 10. Questions shall be distinct- 
ly put in this form, viz: "As many 
as are of the opinion that — (as the 
case may be) say 'aye,' "and after 
the affirmative voice is expressed, 
"As many as are of the contrary opin- 
ion say 'no." If the President doubt, 
or a division be called for, the Con- 
vention shall decide; those in the af- 
firmative shall rise from their seats'. 
and afterwards those in the negative. 

No. 11. The President shall e.xam- 
ine and correct the journal before it 
is read; he shall have general direc- 
tion of the hall; he shall have the 
right to name any member to per- 
form the duties of the chair, but such 
substitution shall not extend beyond 
one day, and such substitute shall 
be vested during such time with all 
the powers of the President. 

Xo. 12. All Committees shall be ap- 
pointed by the President, unless oth- 
erwise ordered by the Convention. 

No. 13. In case of any disturbance 
or disorderly conduct in the gallery, 
the President (or Chairman of the 
Committee of the Whole Convention ) 
shall have power to order the same to 
be cleared. 

No. 14. The President shall assign 
to the Sergeant-atArms and his as- 
sistants their respective duties and 
etations. 

No. 15. Whenever any member is 
about to speak, or deliver any matter 
to the Convention, he shall rise from 
his seat and address himself to "Mr. 
President," (not moving on the 
floor) and shall confine himself 



strictly to the proposition or propo- 
sitions immediately pending before 
the Convention. 

No. IC. If any member in speaking 
(or otherwise) transgress the Rules 
of the Convention, the President 
shall, or any member may, call him 
to order; and in which case the mem- 
ber so called to order shall immediat- 
ly sit down unless permitted to ex- 
plain; and the Convention, if appeal- 
ed to, shall decide on the caset but 
without debate. If the decision be 
in favor of the member so called to 
order, he shall be at liberty to pro- 
ceed, but not otherwise unless by 
leave of the Convention. 

No. 17. When two or more mem- 
bers happen to rise at once, the Pres- 
ident shall name the member who 
is first to speak. 

No. IS. Every member who shall 
be within the hall of the Conven- 
tion when a question shall be stated 
from the chair, shall vote thereon, 
unless he shall be excused, or be per- 
sonally interested in the questinn. 
No member shall be obliged to vote 
on any question unless within the 
hall when the question shall be put; 
but in the case of a division by yeas 
and nays, may vote if present before 
the last name shall be called. Any 
member desiring to be excused from 
voting must make his request before 
the roll shall be commenced. He may 
tlien state concisely, without argu- 
ment, his reasons for asking to be 
excused, and the question of excuse 
ing shall be taken without debate. 

No. 19. When a motion is made 
it shall be stated by the President, 
or being made in writing, shall be 
handed to the Secretary, and read 
aloud before debate. 

No. 20. Every motion shall be re- 
duced to writing, if the President or 
any member desire it. 

No. 21. When the yeas and nays 
shall be taken on any question, no 
member shall be permitted to vote 
after the decision is announced 
from the Chair, unless by unanimous 
consent of the Convention. 



ORGANIZATION 



25 



Wednesday! 



RULES OF THE CONVENTION 



[June U 



No. 22. After a motion is stated 
by the President, or read by the Sec- 
retary, it shall be deemed in the pos- 
session of the Convention, and may 
be withdrawn at any time before 
decision or amendment. 

Xo. 2 3. When a question is under 
debate no motion shall be received 
but to adjourn, to call the House, 
to lay on the table, the previous ques- 
tion, to postpone indefinitely, to post- 
pone to a day certain, to commit or 
to auu'iid ; wliicli si'veral motions 
shall have precedence in the order 
In which they stand arranged. 

No. 24. A motion for adjournment 
shall always be in order, and be de- 
cided, as well as the motion to lay on 
the table, without debate. 

No. 25. No motion to postpone to 
a day certain, or indefinitely, or to 
commit, being decided, shall again be 
allowed on the same day and at the 
same stage of the proposition. 

No. 2G. A motion to strike out the 
proposition shall have precedence of 
a motion to amend, and if carried 
shall be deemed equivalent to its re- 
jection. 

No. 27. When a blank is to be filled, 
and different sums and times are pro- 
posed, the question shall first be put 
on the largest sum and longest time. 

No. 2S. No person shall be permit- 
ted to smoke in the Convention cham- 
ber, or to give any signs of approba- 
tion or disapprobation, either on the 
floor or in the gallery. 

No. 2 9. It shall be the duty of the 
Secretary to keep a book, in which he 
shall record all proceedings of the 
Convention; and to do and perform 
all other facts appertaining to his 
oflace. as may be required of him by 
the Convention or its presiding of- 
ficer. 

No. 30. It shall be the duty of the 
Sergeant-at-Arms to attend the Con- 
vention during its sittings, to execute 
the commands of the Convention, 
from time to time, together with all 
such process, issued by authority 
thereof as shall be directed to him by 
the President. 



No. 31. The Standing Committees 
of the Convention shall consist of 
the followine: 

1. Judiciary 11 

2. Executive 7 

3. IjCgislatlve 7 

4. Electoral and Representative 

Reform 7 

'<. The Right of Suffrage 7 

G. Education. School Funds and 

Lands 7 

7. Municipal Corporations 7 

8. Railroad Corporations 7 

9. Miscellaneous Corporations... 7 

10. Revenue 7 

11. Finance 7 

12. Banks and Currency 7 

13. State, County and Municipal In- 
debtedness 7 

14. Public Accounts and Expendi- 
tures 7 

15. Military Affairs 7 

16. Retrenchment and Reform... 7 

1 7. Counties 7 

18. Township or Precinct Organi- 
zation 7 

19. State Lands (other than School 

Lands) 7 

20. Judicial Circuits and Congres- 
sional Apportionment 5 

21. Legislative Apportionment . . 7 

22. Manufactures and Agriculture 7 

23. State Institutions and Public 

Buildings 7 

2 4. Penitentiary and Reformatory 

Institutions 7 

25. Bill of Rights 7 

2C. Federal Relations 7 

27. Future Amendments 7 

2S. Printing and Binding 3 

29. Roads 7 

30. Internal Improvements 7 

31. Revision and Adjustment .... 7 

32. Schedule 7 

33. Miscellaneous Subjects 7 

No. 32. If the question in debate 
contains several propositions, any 
member may have the same divided; 
and on motion to strike out and in- 
sert, it shall be in order to move 
for a division of the question; and 
the rejection of a motion to strike 
out and insert one proposition 



26 



ORGANIZATION 



ORDER OF BUSINESS 



[JuQe li 



shall not prevent a motion to strike 
out and insert a different proposition 
nor prevent a subsequent proposition 
simply to strike out; nor shall the 
rejection of a motion simply to strike 
out prevent a subsequent motion to 
strike out and insert. 

No. 33. The unfinished business 
on which the Convention was engag- 
ed at its last adjournment shall, at 
the next meeting of the Convention 
of the same day, have precedence of 
all other business. 

No. 3 4. When a question has been 
once put, and carried in tiie attirm- 
ative or negative, it shall be in 
order for a member of the majority 
to move for a reconsideration there- 
of: but no motion for the re-con- 
sideration of any vote shall be in 
order after the expiration of two 
business days. Such motion shall 
take precedence of all other ques- 
tions, except a motion to adjourn. 

No. 35. When motions are made 
for reference of the same subject to 
a Select Committee and to a Stand- 
ing Committee, the question of re- 
ference to a Standing Committee 
shall be first put. 

No. 36. Upon the call of the Con- 
vention the names of delegates shall 
be called by the Secretary, and the 
absentees noted, after which the 
names of such absentees shall again 
be called over. The doors shall then 
be closed, and those for whom no 
excuse or insufficient excuses are 
made may. by order of those present 
(if a quorum), be taken into custody 
as they appear, or may be sent for 
and taken into custody, wherever to 
be found by the Sergeant-at-Arms 
of the Convention. 

No. 37. In forming a Committee 
of the Whole, the President shall 
leave the chair, and the Chairman, 
to preside in Committee, shall be 
appointed by the President. 

No. 38. Upon propositions being 
committed to Committee of the 
Whole, they shall be first read 
throughout by the Secretary, and 
then again read and debated by 



clauses, leaving the preamble to be 
considered last. After report of 
said committee the proposition shall 
again be subject to debate or amend- 
ment before a question is taken. 

No, 39. The rules of parliamentary 
practice comprised in Cushing's 
Manual shall govern the Convention 
in all cases in which they are appli- 
cable and not inconsistent with the 
standing rules and orders of the Con- 
vention. 

No. 4 0. A motion to commit, until 
it is decided, shall preclude all 
amendments and debate on the main 
question: and a motion to postpone 
indefinitely or to a day certain, until 
it is decided, shall preclude all 
amendments on the main question. 

No. 41. No motion or proposition 
on a subject different from that under 
consideration, shall be admitted 
under color of amendment. 

No. 42. No rule of the Convention 
shall be altered, suspended or res- 
cinded without the vote of two-thirds 
of the members present. 

No. 43. The hours of meeting 
shall be 10 A. M. and 2 P. M.. unless 
otherwise ordered. 

Order of Business. 

No. 44. 

1. Reading of the Journal. 

2. Communications and presen- 

tation of petitions. 

3. Untinished nusiiie?!; of the 

previous day. 

4. Reports from Standing Com- 

mittees. 

5. Reports from Select Com- 

mittees. 
G. Presentation of resolutions 
and propositions to amend 
the Constitution. 
No. 45. The previous question 
shall be always in order, and shall 
be put in this form: "Shall the 
main question be now put?" and until 
it is decided shall preclude all am- 
endments or debate. 

No. 4G. When, on taking the pre- 
vious question, the Convention shall 
decide that the main question shall 
not be put, the main question shall 



ORGANIZATION 



27 



Wednesduyl 



DRAWING OF SEATS 



[June 14 



be considered as still ' remaining 
under debate. 

No. 47. The effects of the main 
question l)eing ordered shall put 
an end to all debate, and brins 
the Convention to a direct vote — first, 
upon all amendments reported or 
pending, being first applied to the 
amendments last moved, and then 
on the main question. 

No. 4S. After the motion for the 
previous question has prevailed, it 
shall not be in order to move a call 
of the Convention prior to a decision 
of the main question. 

No. 4 9. Every article which it 
is proposed shall form part of the 
Constitution, shall be read the first 
and second times, and be referred 
to the Committee of the Whole; and 
after it shall have been considered in 
Committee of the Whole, and after 
the amendments reported by the 
Committee of the Whole, shall have 
been acted on,, it shall be open to 
amendment, in the Convention: and j 
where there are no further amend- 
ments to be proposed, the question 
shall be on ordering the article to 
be Engrossed for its third reading; 
and after the same shall have been 
Engrossed the same shall not be 
amended except by the unanimous 
consent of the Convention. And 
after the article has been read a 
third time and passed, it shall be 
referred to the committee on revis- 
ion and adjustment, who shall re- 
port to the Convention all such verbal 
amendments as they shall deem 
expedient not changing in any man- 
ner the substance of such article: 
Provided, however. That this rule 
shall not be so construed as to pre- 
vent a majority of the Convention 
from taking up the report of the 
said committee , and making any 
alterations or amendments thereto. 

Mr. HASCALL moved that the re- 
port of the Committee be adopted. 

Mr. MASON moved to amend by 
submitting the report to Committee of 
the Whole. The amendment was 



agreed to and the motion carried. 
Mr. TOWLE offered the following 

resolution: 

RESOLVED, that we now proceed 
to draw seats in the following man- 
ner: 

1. Folded ballots to be prepared, 
each containing the name of a mem- 
ber. 

2. The ballots to be examined and 
compared with the official lists. l)y 
a Committee of two, to be appointed 
for that purpose by the President. 

3. The ballots to be placed in a 
box and thoroughly shaken in the 
presence of the Committee. 

4. The members then to retire 
from the seats. 

5. A person, other than a member 
or officer, to be designated to- draw 
ballots. 

C. Each ballot as drawn to be hand- 
ed to the Secretary and to be opened 
by him, who shall announce the name 
drawn. 

7. The person whose name shall be 
drawn, to select his seat and occupy 
it till the completion of the draw- 
ing. 

8. The drawing to be continued in 
this manner till completed. 

Mr. TOWLE moved the adoption 
of the resolution which was not 
agreed to. 

Mr. WOOLWORTH moved a recon- 
sideration of the vote by which the 
resolution was lost, which was agreed 
to. 

The question recurring on the pas- 
sage of the resolution, Mr Boyd mov- 
ed to amend so that the drawing 
should be by delegation. The amend- 
ment being withdrawn the question 
was put and the resolution adopted. 
Chair appointed as a Committee to 
prepare ballots and superintend the 
drawing, Messrs. Philpott and Bal- 
lard. 

In accordance with the provisions 
of the resolution adopted, the Secre- 



28 



ORGANIZATION 



Wednesday 



AMENDMENTS TO RULES 



[June 14 



tary prepared the names of members 
which were deposited in a box, and 
as their names were drawn therefrom 
by Mr. Hall, one of the reporters, 
members selected their seats. 

Mr. MANDERSON offered a reso- 
lution for the appointment of a Com- 
mittee of three to take into considera- 
tion the number of short hand report- 
ers necessary to take the proceedings 
of the Convention, and the compensa- 
tion that should be allowed them. 

Adopted. 

Messrs. Manderson, Neligh and 
Weaver were appointed such Com- 
mittee. 

On motion of Mr. Stewart the Con- 
vention took a recess of five minutes. 
After Recess. 

The PRESIDENT called the Con- 
vention to order. 

Rules of The Convention. 

Mr. McCANN. I move the Con- 
vention resolve itself into Committee 
of the Whole to consider the Rules 
for the government of the Conven- 
tion. 

Agreed to NBM CON. 

At eleven o'clock and thirty min- 
utes A. M. the Convention resolved 
itself into a Committee of the Whole 
with Mr. Campbell in the Chair. 
After sitting some time, the Commit- 
tee arose, reported progress, and ask- 
ed leave to sit again at 2 P. M.. 

Report adopted. 

Afternoon Session. 

Wednesday, June 14, 1871. 
At 2 o'clock P. M., Convention met 
and went into Committee of the 
Whole, Mr. Campbell of Otoe in 
the Chair, resuming the considera- 
tion of the Rules reported for the 



government of the body. 

After some time the Committee 
arose and Mr. CAMPBELL. Chair- 
man of the Committee of the Whole 
Convention, reported that the Com- 
mittee had had under consideration 
the permanent Rules of the Conven- 
tion and reported the following 
amendments: 

Rule G. Amended so as to read, 
"also members of the present Legis- 
lature of Nebraska be allowed the 
privileges of the floor." 

Rule 31. Sec. 1 — add "and judicial 
districts" See's 10. and 11. Consol- 
idate "Finance and Revenue". Sec. 
19. amended by striking out the 
words "judicial circuits". 

Sec. 6. Add two more members to 
the Committee. Rule 3G. add, "all 
propositions presented to the Con- 
vention relating to the provisions or 
frame of the Constitution, shall in 
the first instance be referred to an ap- 
propriate standing Committee with- 
out debate, except as to the Com- 
mittee to which the refeience shall 
be made." 

Mr. WAKELEY offered the follow- 
ing amendment to Rule 4 5 — add, af- 
ter the words "in order," "if the mo- 
tion therefor be seconded by ten 
members". 

Amendment adopted. 

Mr. ABBOTT. I move the adop- 
tion of the Rules as amended. 

Mr. MYERS. I move that 200 
copies of the Rules be printed for the 
use of the Convention, under the 
superintendence of the Secretary of 
State. 

Agreed to. 

Mr. PHILPOTT announced the ar- 
rival of his colleague, Mr. Robinson, 
who appeared, and the oath was ad- 



ORGANIZATION 



29 



Thursday] 



POSTAGE AND FRANKING 



(June 15 



ministered to him by the Chief 
Justice. 

Mr. THOMAS. Mr. President I 
wish to ask leave of absence until 
Monday next, for Mr. Mason. 

Leave granted XEM. CON. 
Adjoumnicnt. 

Mr. MYERS. Mr. President I move 
that the Convention adjourn. 

The motion was agreed to. 

So the Convention (at six o'clock 
and thirty minutes) adjourned. 



THIRD DAY. 
Thursday, June Jo, 1871. 

The Convention met at ten o'clock 
A. M. and was called to order by the 
President. 

Prayer was offered by Rev. D. R. 
Dungan of Lincoln. 

The journal of yesterday was read 
and approved. 

Order of Business. 

The PRESIDENT. Gentlemen, I 
shall follow the order of business con- 
tained in the Rules adopted on yes- 
terday. 

Under the order of unfinished busi- 
ness of the previous day. 

Appointmeiit of Janitor. 

Mr. .AIVKK.'^. Mr. President, un- 
der that head, I will call up the 
motion for the appointment of a 
janitor for the care of this hall dur- 
ing the session. 

The PRESIDENT. Gentlemen, it 
has been moved and seconded that a 
janitor be appointed for the care of 
this hall during the sessions of this 
Convention. Those in favor of the 
motion will say "aye". Opposed, "no". 
Carried. 

Postage. 

Mr. MOORE. Mr. President I 



move that the Secretary of State be 
requested to furnish the members of 
the Constitutional Convention with 
I he necessary amount of postage 
stamps. 

The PRESIDENT. The gentlemen 
will frank their letters and stamps 
will be put upon them by the post- 
master. 

Mt. McCANN. I understand our 
yesterday's mail is delayed in conse- 
quence of no arrangement being per- 
fected. 

Mr. PARCHEN. Mr. President, I 
wish to offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED. That the sum of one 
hundred dollars, or so much thereof 
as may be necessary, shall be set 
aside out of the funds of the Conven- 
tion. 

•The PRESIDENT. Is the motion 
of the gentleman from York second- 
ed? (yes, yes).^, 

Mr. McCANn! I hope a different 
plan will be adopted. We do not 
wish postage stamps here, lying 
around loose. I suggest that mem- 
bers frank their mail matter and the 
postmaster stamp the same and 
charge to the Convention. We then 
obtain the exact amount of postage 
required. I think the postmaster 
will prefer this course. 

Mr. HASCALL. I woulfl say, that 
was the plan adopted by the last 
Legislature and I was informed by 
the postmaster that he got out all 
his clerks and all the cheap boys that 
could be found, yet they were not suf- 
ficient to put on the necessary 
stamps. 

Mr. KIRKPATRICK. Would it 
not be better for each gentleman to 



30 



NEWSPAPERS 



Thursday] 



CASSELL— TOWLK-ESTABROOK 



[June 15 



furnish his own postage. I am will- 
ing to do so. 

Mr. WILSON. It seems to me. It 
would delay the mall If letters are 
to be stamped by the postmaster. Let 
the members have postage stamps 
and return what they have left. 

Mr. ESTABROOK. Does any one 
know that the postmaster would fur- 
nish stamps for such pay as we ex- 
pect to give here, and Is It known 
we can procure stamps by a resolu- 
tion? I move that the resolution be 
referred to a committee of three. 

The motion was agreed to. 

The PRESIDENT. The Committee 
■will consist of Messrs. Estabrook, 
Moore and Parchen. 

Newspapers. 

Mr. CASSELL. I offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED. That the Secretary 
be instructed to provide 300 copies 
of the Daily State Journal for the use 
of the Convention during the ses- 
sion. 

Mr. TOWLE. I offer the follow- 
ing resolution as an amendment. 

The Secretary read the resolution 
as follows: 

RESOLVED. That each member 
of this Convention be allowed to sub- 
scribe for seven newspapers (Daily) 
containing the reports of the pro- 
ceedings of this Convention, and that 
so much of the funds of this Conven- 
tion as may be necessary be. and are 
hereby, appropriated for such pur- 
pose. 

Mr. HA3CALL. I move to amend 
by saying three instead of "seven" 
copies. 

Mr. ESTABROOK. It seems to me 
that the resolutions, some of them 
should cover the entire newspaper 



question. We ought to consider the 
propriety of taking all papers it is 
necessary should be taken. My own 
view is that each member be allowed 
to take one copy of each paper, daily 
and weekly; not for the purpose of 
enlightening their constituents, but 
to learn what their constituents have 
to say to them. It has been the rule 

j of all parliamentary bodies to send 
papers abroad, to let their constitu- 

I ents know what the members were 
doing, but I do not think that is ne- 
cessary here. We need the advice and 

i instruction of our constituents, and 
for that purpose I favor the plan of 
taking one number each of every 
paper published in the State. I do 

I not think we need any more copies 
of the Joui-nal, than of any other 
paper. 

j Mr. NEWSOM. I think it would 
be unfair to impose upon me such 
a paper as I would not prefer. I am 
in favor of the amendment. 

Mr. WILSON. I have no objection 
to the suggestion of the gentleman 
from Douglas, but in taking the pa- 
pers abroad throughout the State we 

I ought to know if they are prepared 
to publish the action of this Conven- 
tion. I would favor the first resolu- 
tion for 300 copies of the Journal. 
The PRESIDENT. Gentlemen, the 
question is on the amendment to the 
amendment, by the gentleman from 
Douglas, Mr. Hascall. 

The amendment was not agreed to. 

The PRESIDENT. The question 

now is upon the amendment of the 

gentleman from Richardson (Mr. 

Towle). 

The amendment was agreed to. 
The PRESIDENT. The question 



rUlNTING 



81 



Tliursduy] 



THOMAS-MASON-KIRKPATIUCK 



(June 15 



now is upon the original resolution as 
amended. 

The resolution was agreed to. 
Xcwspapcr Reporters. 

Mr. MYERS. I move that the 
President of this Convention be re- 
quested to assign the several report- 
ers present, seats upon the floor of 
the House. 

The motion was agreed to. 
Printing. 

Mr. THOJIAS. I offer the follow- 
ing resolution. 

RESOLVED. That the Secretary 
of State be required to communicate 
to this Convention as soon as possible 
a statement showing the entire cost 
to the State of printing and binding, 
and also the contract price for which 
the same has been let for each year 
since the admission of Nebraska as a 
State. 

Mr. MASOX. I do not rise to offer 
an amendment but to add an inquiry 
as to the arrangement for the print- 
ing for this Convention, which more 
immediately concerns us, whether it 
has been awarded to the lowest bid- 
der, or whether It is let to some 
chosen favorite. I want it put in 
the market; that it be under the con- 
trol of this Convention, and the con- 
tracts awarded to the lowest bid- 
der. I hope the gentleman will 
amend his resolution so as to require 
the Secretary to inform the members 
what arrangement has been made, 
and upon what terms, to procure the 
printing of the proceedings of this 
Convention. We have no power to 
remedy the past. We ma>, perhaps, 
avoid the commission of errors in the 
present, and set an example to avoid 
them in the future. 

Mr. McCANN. What printing has 



already been done, has been done in 
accordance with the act. 

Mr. KIRKPATRICK. It strikes 
me that the act of the Legislature 
providing for this Convention makes 
it the duty of the Secretary to pro- 
cure printing. This thing of letting 
it out to public and general compe- 
tition may work some trouble. It la 
plain to me that the incidental print- 
ing ought to be done here. I am as 
much in favor of economy as any- 
body. 

Mr. THOMAS. I will state that 
the object I had in view in introduc- 
ing that resolution was that the ques- 
tion of public printing might come 
before the Convention in order to 
show how this thing has been done; 
and see whether it is advisable to 
follow the same course or whether 
we shall adopt some mode of our own. 
I agree with the gentleman that some 
plan be adopted with regard to the 
printing for this Convention, but that 
should be a separate question. The 
Printing Committee should first re- 
port. 

Mr. MASOX. I see now it may be 
necessary to adopt the resolution of 
the gentleman from Nemaha, (Mr. 
Thomas) for the reason that if I 
recollect correctly, there is a State 
contract existing. 

Mr. ESTABROOK. That is pre- 
cisely my idea but I am not certain 
however that the letting covers the 
printing for this Convention. I see 
the law provides that the Secretary 
shall cause such printing to be done 
as the Convention may require. That 
however may not be incompatible 
with the provisions of the law requir- 
ing that the State printing be let to 



32 



OFFICIAL KEPORTERS 



Thursday) 



PHILPOTT— CASSELL— MANDERSON 



the lowest bidder. 

The PRESIDENT. The question 
is upon the adoption of the resolution 
of the gentleman from Nemaha (Mr. 
Thomas). 

The resolution was agreed to. 

Mr. PHILPOTT. I offer a resolu- 
tion. 

The Secretary read the resolution 
as follows: 

RESOLVED. That the Secretary 
of State be directed by this Conven- 
tion to immediately advertise for five 
days to receive bids for the price for 
which parties bidding will do the nec- 
essary printing for the Convention, 
and that he should be instructed to 
award the printing to the lowest bid- 
der, and that the same be awarded 
to a Nebraska printer. 

Mr. PHILPOTT. The printing 
contract alluded to by the gentleman 
from Otoe (Mr. Mason) refers only to 
the printing for the Legislature, and 
not for this Convention. 

Mr. ESTABROOK. Then there is 
something defective about it. if it 
does not provide for the printing of 
this Convention. 

Mr. ABBOTT. That the Committee 
on printing and binding will decide. 

Mr. CASSELL. I move the resolu- 
tion be referred to a committee of 
three. 

Mr. McCANN. We have already 
a committee of three on printing and 
binding. 

Mr. ESTABROOK. I do not under- 
stand that the duties of that commit- 
tee pertain to the transactions of this 
body, but they do to the articles In 
the Constitution. 

Mr. McCANN. I take It that the 
committee will no doubt consist of 
three professional • printers If there 



be that number in this body. I object 
to the appointment of two or three 
committees on the same subject. 

The PRESIDENT. The question is 
upon the motion of the gentleman 
from Lancaster, (Mr. Cassell), to re- 
fer the resolution of his colleague 
(Mr. Philpott), to a committee of 
three. 

The motion agreed to. 

Official Reporters. 

Mr. MANDERSON. Mr. President, 
It is out of the order but I ask leave 
to submit the report of the Commit- 
tee to whom was referred the matter 
of reporting the proceedings of the 
Convention. ("Leave") 

Your Committee to whom was re- 
ferred the matter of reporting the 
proceedings of the Convention re- 
spectfully report: 

1st. The only short hand reporters 
to their knowledge, within the state 
are John T. Bell, John Hall, Dan 
Brown and John Gray, who form a 
business partnership under the name 
of "Bell & Co." 

2nd. These gentlemen are compe- 
tent, responsible and well fitted for 
the work. 

3rd. They agree to give their unit- 
ed services in reporting and trans- 
cribing the proceedings during the 
Convention, and have the copy ready 
for the printer, as speedily as requir- 
ed by him. 

4th. They demand for this service 
$30.00 a day during the session 
of the Convention. 

5th. This is as cheaply as the 
work can be done, and the compensa- 
tion is below the usual rates paid. 

Your Committee therefore recom- 
mend that Messrs. Bell & Co., be em- 
ployed at the rate of compensation 
asked, for the purpose named. 

CHAS. F. MANDERSON. 
A. J. WEAVER. 
JOHN D. NELIGH. 



ADJOURNMENT 



33 



Thursilny] 



STRICKLAND-WAKKI^EY 



IJune 15 



Mr. ESTABROOK. I move the re- 
port be adopted. 

The motion agreed to. 

Mr. CAMPBELL. I now move 
Bell & Co. be elected Reporters of 
the Convention. 

Mr. MANDERSON. I move to 
amend the resolution by adding "At a 
compensation of $30.00 per day." 

The motion as amended was 
agreed to XEM. CON. 

Mr. XELIGH. I move that the 
Chief Justice administer the oath 
to the Reporters. 

Motion agreed to NEM. CON. 

The Chief Justice administered the 
oath to the Reporters as follows: 

You and each of you do solemn- 
ly swear to support the Constitution 
of the United States: and to faith- 
fully and truly report the proceed- 
ings of this Convention according to 
the best of your skill and ability, and 
this you do in the presence of God. 

Leave of Absence. 

Mr. WOOLWORTH. I ask leave of 
absence until Monday. 

Leave granted NEM. CON. 

Mr. MAXWELL. Mr. President I 
desire leave of absence until Mon- 
day noon. 

Leave granted NEM. CON. 

Mr. ABBOTT. Mr. President, I 
ask leave of absence for Mr. Thum- 
mel (of Hall). 

Leave granted NEM. CON. 
Adjournment. 

Mr. WILSON. I move to adjourn 
until Monday at 2 o'clock. 

Mr. PARKER. I move to amend 
that after the announcement of the 
Committees, we adjourn until Mon- 
day at 2 o'clock. 

The PRESIDENT. I attempted to 
arrange the Committees and found it 



would require 244 names to fill all 
the committees. It is a difficult task 
to assign each gentleman to a proper 
and appropriate place. I do not wish 
to do it hurriedly. 

While I do not ask any time and 
am willing to make any personal sac- 
rifice to accomplish the arrangement 
of the Committees. I will accept such 
time as you may allow. 

Mr. WAKELEY. I suggest the ap- 
propriate way would be for the Pres- 
ident to communicate to the Conven- 
tion how much time he requires for 
the announcement of the Committees. 

The PRESIDENT. I think if a 
recess is taken until to-morrow at 
10 o'clock I will have the Committees 
ready to announce, and those who 
desire to go to work can do so. Then 
if the Convention desire to adjourn 
until Monday they can do so before 
the trains leave. 

Mr. MASON. In order to bring 
this matter before the Convention 
I now move to adjourn. 

The motion agreed to. 

The PRESIDENT. The Convention 
stands adjourned until to-morrow at 
10 o'clock. (Several members, "The 
Rule is until 2 o'clock.") 

Mr. LAKE. I move to reconsider 
the motion to adjourn. 

Mr. HASCALL. I don't know of 
any rule by which we can do business 
after we have adjourned. 

The PRESIDENT. The Chair will 
rule we had not absolutely adjourned, 
the Chair was in fault. The question 
is upon the reconsideration of the 
motion to adjourn. 

The motion to reconsider agreed 



34 



EXCURSION— PRINTING 



Friday] 



CASSELL-MASON 



IJune 16 



Mr. MASON. I move to adjourn un- 
til to-morrow at 10 o'clock. 

The motion agreed to. 

So the Convention (at Eleven 
o'clock and twenty minutes) adjourn- 
ed. 



FOURTH DAY. 
Friday, June IG, 18 71. 

The Convention was called to or- 
der at ten o'clock and five minutes by 
the President. 

Prayer was offered by the Rev. L. 
B. Fifleld, of Lincoln. 

Mr. NEWSOM. Mr. President, I 
desire to ask leave of absence until 
2 o'clock P. M. Monday, for Mr. 
Campbell, and also for Mr. Eaton. 

Leave granted NEM. CON. 

Reading of the Journal. 

The journal of the previous day 
was read and approved. 

The Secretary read the following: 
Lincoln. Neb.. June IG, 1S71. 
Hon. S. A. STRICKLAND, 

President Constitutional Conven- 
tion. 

Sir: — In behalf of the Executive 
Committee I have the honor, cordial- 
ly to invite the members and otiicers 
of the Convention to participate in 
the reception of the citizens of Otoe 
county this morning and enclose 
herewith, the order of exercises. 
I am Sir, 

Very respectfully yours, 
A. W. KELLOGG. 

Chairman Ex-Com. 

Ordei- of Exercises. 

The train with the excursionists 
will arrive at 11 o'clock, A. M. 

The Mayor and Council will meet 
them at the depot, where a procession 
will be formed and take the following 
line of march. Up J street to 10th, 
down 10th to O. down O to the grove 
where an address of welcome will be 
delivered by Elder J. M. Young. 



Programme at the Grove. 

Music, by the Band. 

Address of Welcome. 

Invocation, by Rev. H. P. Peck. 

Music, by the Band. 

Dinner. 

After dinner the excursionists will 
disperse about town, visiting the pub- 
lic buildings or friends as they may 
desire. At 2:30 o'clock P. M., the 
procession will reform on JIarket 
Space and march to the depot. It 
is hoped every citizen of Lincoln will 
join in escorting our guests to and 
from the train. Bv order of the 

EXECUTIVE COMMITTEE. 

Printing. 

Mr. CASSELL. I wish to offer the 
report of Committee on Printing. 

The report was read by the Secre- 
tary: 

Your Committee on printing re- 
spectfully submit the following re- 
port: That, in our opinion, the in- 
cidental printing is fully provided for 
in "An act to provide for calling a 
Convention to revise, alter or amend 
the Constitution of the State of Ne- 
braska." 

J. N. CASSELL. 
E. N. GRENELL. 
E. W. THOMAS. 

Mr. McCANN. I move the report 
be accepted, and the Committee dis- 
charged. 

The motion was agreed to. 
Resolutions. 

Mr. MASON. I have a resolution to 
offer. 

The Secretary read the resolution 
as follows: 

RESOLVED. That the only legiti- 
mate province of government, is the 
preservation of order, the protection 
of life, the security of person and 
character and property, and to at- 
tain these fundamental objects, tax- 
es may be rightfully and equally lev- 
ied upon the property of the citizens; 
that whatever is taken from the citi- 



1237391 

POSTAGE— FRANKING IMUVILEGE 



35 



Friday I 



ESTABROOK— THOMAS 



[June 16 



zens of the State under guise of tax- 
ation for objects or purposes other 
tlian these is wrong, oppressive, and 

unjust. 

On motion referred to Committee 
on Mill of Rights. 

Mr. ESTABROOK. Mr. President, 
your Committee on the matter of 
postage, beg leave to report. 

The Secretary read the report as 
follows: 

The Committee to whom was re- 
ferred the matter of posta.ge for this 
Convention would respectfully report 
that they have made arrangements 
with the Secretary of State, by which 
such postage will be by him sati.s- 
factorally adjusted with the Post- 
master at Lincoln. The method ad- 
vised is, that each member shall 
write his name upon the dociinieut 
transmitted, which is then to be pro- 
perly stamped by the postmaster up- 
on delivery at his office. 

The following resolution is respect- 
fully submitted. 

RESOLVED. That the Secretary of 
State be directed to cause to be paid 
the postage bills of the members of 
this Convention, the document to be 
mailed having written thereon the 
name of the member sending the 
same. 

E. ESTABROOK. 
D. T. MOORE. 
WM. PARCHEN. 

Report accepted, and resolution 
adopted. 

Mr. THOMAS. I would like to 
ask the Chairman of that Committee 
to state in their report the amount 
to which each member may use the 
franking privilege. It seems to me 
it would take too much out of the 
amount allowed to defray the expen- 
ses of this Convention. I think five 
dollars would be sufficient for each 
member. 

Mr. ESTABROOK. I think that 



would appear like charging fraud up- 
on some members of the House, and 
I do not wish to suggest that in our 
report. 

Mr. THOMAS. I did not mean to in- 
timate that any members would be 
guilty of fraud. A person may use 
the franking privilege, to the extent 
of ten dollars, without committing 
fraud. It seems to me there ought to 
be some limit to the amount to be 
used by each member. 

Mr. ESTABROOK. I see no way 
of arranging that except to allow 
each member a certain number of 
stamps to stamp their own letters. 
That was the plan as adopted by the 
Legislature at one time and I am in- 
formed the postage under that order 
of things, amounted to 700 dollars, 
but subsequently when the members 
were allowed to frank their letters, 
and the Postmaster put on the 
stamps the postage amounted to only 
400 dollars, so it is thought there 
was some stealing somewhere, and I 
am told further that a package of 
stamps was stole here by some one. 
If such an amount of documents 
seems to be coming from any one 
desk here, as would seem to be il- 
legitimate, then it would be time to 
inquire into that matter, and stop the 
leak. 

Mr. STEWART. I move the re- 
port be adopted and the Committee 
discharged. 

The motion was agreed to. 

Mr. ESTABROOK. I move the 
adoption of the resolution. 

The motion was agreed to. 
Announcement of Rules. 

Mr. McCANN, Mr. President, I 



36 



EXTRA CLERKS 



Friday] 



McCANN-HASCALL-TOWLE 



wish to ofEer the following resolu- 
tion: 

The Secretary read the resolution 
as follows: 

RESOLVED. That Rule 31 be so 
amended as to make the Judiciary 
Committee consist of thirteen (13) 
instead of eleven (11) members. 

Mr. McCANN. Mr. President, the 
original number, suggested on that 
Committee, was thirteen; an amend- 
ment was offered reducing the num- 
ber to nine, and it was finally fixed at 
eleven. It seems to be conceded that 
all the best legal talent of the State 
should be upon that Committee. We 
all admit that, whatever system be 
suggested by that Committee, it 
should be a good one. It is under- 
stood that all the gentlemen whom 
it is wished to be upon that Com- 
mittee are not included. There is a 
larger number of lawyers in this Con- 
vention than was first supposed and 
I desire that all of the lawyers pres- 
ent be upon that Committee. 

Mr. HASCALL. Mr. President, I 
am opposed to amending our rules, 
already passed and placed upon our 
desks for our guidance during this 
Convention. If the President cannot 
select eleven gentlemen from this 
Convention competent to perform 
this duty, we will have an opportuni- 
ty to help them when it is brought 
before the Convention. Therefore, I do 
certainly object to increasing the 
number of our Committees. The Com- 
mittees are so numerous I presume 
the lawyers that are not upon this 
Committee will be needed on other 
Committees. I think the Legislative 
Committee will require as much legal 
talent as this Committee, and is just 
as important. 



Mr. TOWLE. Mr. President, it ap- 
pears to me that this Committee is 
extra large now, and especially so 
when we know that whatever is done 
by this Committee must come before 
the whole House and be subject to 
its action. I see by Rule 43 that "No 
rule of the Convention shall be al- 
tered, suspended or rescinded with- 
out the vote of two thirds of the 
members present." 

The PRESIDENT. The question is 
upon the adoption of the resolution, 
as many as are in favor of it say aye. 

Chair is in doubt. Convention di- 
vided. 

The resolution was not agreed to. 
E.\tra Clerks. 

Mr. TOWLE. Mr. President, I 
wish to offer a resolution: 

The Secretary read the resolution 
as follows: 

RESOLVED. That the Secretary 
of this Convention, under the con- 
trol and direction of the President!, 
is hereby empowered to employ such 
necessary clerical assistance as may 
be necessary to keep up the proceed- 
ings of this Convention. 

Mr. ESTABROOK. Mr. President, 
I would like to inquire if the mover 
of the resolution intends to include 
the labors of the Committees. 

Mr. TOWLE. No, only assistance to 
the Secretaries. 

Mr. THOMAS. Mr. President, ac- 
cording to my calculation we have 
already provided for $13,000 out of 
the $15,000 appropriated to defray 
the expenses of this Convention, sup- 
posing we should stay here thirty 
days. It seems to me we should be 
cautious about appropriating, and I 
do not think it is the proper time to 
provide for the employment of other 



EXTRA CLERKS 



37 



Friday 1 



McCANN-KIRKPATRICK -WEAVER 



[June IS 



clerks. We do not know, but should 
It become necessary I do not see that 
it is at present. 

Mr. TOWLE. Mr. President, I 
have been informed by the Secretary, 
that it is necessary that assistance 
should be employed and given to 
them, and it appears to me that we 
should expedite matters, that we will 
save money, and that we will progress 
in our business much faster, if we 
have clerical force to keep up with 
the Convention, and not compel the 
Convention to drag, on account of the 
clerks not keeping up, and it was on 
account of the suggestion of the chief 
Secretary, that I introduced the res- 
olution. 

Mr. McCANN. Mr. President, I 
would remind my friend from Nema- 
ha, that, if we have already provided 
for the expenditure of $13,000 out of 
the $15,000 appropriated for the ex- 
penses of the Convention that we may 
economise by having sufficient cleri- 
cal force with keeping up our busi- 
ness, and not prolonging the Con- 
vention; If we save one or two days 
time by employing sufficient force, I 
hold it is economy, and hope the re- 
solution will prevail, but would ask 
my frii'iul's CDHseiU ti) aiiifiul. t)y au- 
thorizing the President to employ suf- 
ficient force for the use of the vari- 
ous Committees. As soon as our 
Committees are constituted, they 
must necessarily have some assist- 
ance, and, if this resolution will em- 
body that, I am prepared to vote for 
it; I am prepared to vote for it any 
way, because I believe it to be a mat- 
ter of economy, that we should have 
clerical force to keep up with the 
work. 



Mr. KIRKPATRICK. Mr. Presi- 
dent, I do not know that I fully un- 
derstand the resolution. I am inclin- 
ed to the opinion that that resolution 
takes it out of the power of the Con- 
vention to elect clerks; it will per- 
haps become necessary for this body 
to employ an enrolling clerk. This 
resolution doubtless takes the power 
away from the Convention, In re- 
,i;ard to the necessity of extra clerks, 
I hardly see how it can be, we are not 
making a lengthy journal, I suppose 
that this day we will not make a 
lengthy journal; our Committees are 
not in full work, the labors will in- 
crease when the Committee business 
commences, and I am inclined to 
think it would be well to wait until 
those Committees are assigned their 
work, then, they will be the judges 
whether they need clerks or not, and 
what force they do need. I have 
heard gentlemen say that two or 
three hours was sufficient for the 
work of some of the Committees, 
would it not be extravagant to ap- 
point a regular staff of clerks, if they 
had no more labor than that to per- 
form? I hope the gentleman's mo- 
tion will not prevail. 

Mr. WEAVER. Mr. President, I 
hope the motion will prevail. The 
gentleman from Cass speaks of them 
taking the matter out of the hands of 
the Convention with very much reas- 
on from this fact, the Convention 
might spend an hour in electing a 
clerk, that might cost $50. which 
would pay a clerk nearly all the time 
employed here. We do not expect the 
President will employ a dozen, or one 
more than is needed; we expect he 
will employ clerks only as they are 



38 



EXTRA CLERKS 



Friday] 



THOMAS-MCCANN— MYERS 



[June !6 



needed and imperatively demanded. 
I understand the chief Secretary is 
behind after working all last evening 
and it is necessary that a clerk should 
be employed immediately. I hope 
the resolution will prevail. 

Mr. THOMAS. Mr. President, It 
seems to me that this motion is en- 
tirely premature; if it is true the 
clerks cannot keep up, it seems to me 
we will require a great many clerks 
to keep up; if the Convention believes 
it will be necessary hereafter to em- 
ploy additional clerks I will not ob- 
ject, but it seems to me we cannot 
need them at this time; for this reas- 
on, I am opposed to the resolution. 

Mr. McCANN. Mr. President, I 
understand this clerical force is only 
to be employed as absolutely needed. 
I do not understand we are to 
have one, two or three new clerks 
employed to-day, only upon the call 
of the Committee for assistance 
will the President afford them the 
necessary clerical aid. The amend- 
ment is that he have authority so 
to do. I do not understand we are 
to have another standing clerk, it is 
merely to be subsidiary to the 
strength we now have. They are 
only to be employed as absolutely 
needed. 

The PRESIDENT. The last part 
of that resolution will be very embar- 
rassing to me. It seems to me the 
Committees will know when they 
want assistance; if the Convention 
think I should regulate this matter I 
will try to do it as best I can. 

Mr . KIRKPATRICK. Mr. Presi- 
dent, I am opposed to reposing re- 
sponsibility on our President that 
properly belongs to the Convention. 



I am opposed to putting out of pow- 
er of this Convention the regulating 
its own employees. When the necessi- 
ty arises for additional clerks, this 
body will be liberal enough to author- 
ize it; when Committee clerks are 
needed, I have no doubt, the Chair- 
men of the Committees will signify 
that to this body and they will settle 
the matter, of course, by providing 
them. 

Mr. MYERS. Mr. President, I con- 
cur with the gentleman from Nemaha 
that the resolution is premature; one 
thing is clear^ it would increase the 
expense of the Convention to a con- 
siderable extent, it would soon be dis- 
covered and there would be a hun- 
dred applicants for those positions, 
and soon we would have 30 or 40 
gentlemen walking into this hall as 
Secretaries of those Committees en- 
titled, under the rules adopted, to the 
privileges of this floor; to avoid an 
evil of that magnitude, to avoid the 
selection of any Committee as being 
specially entitled to that favor, to 
avoid any discrimination, I think it is 
our duty to vote that resolution and 
amendment down. Another idea, Mr. 
President, is that each Committee can 
elect its own Secretary from its own 
body; let the Chairman act as Sec- 
retary. I suppose every one is abun- 
dantly able and capable of doing it. 
I am opposed to the increase of the 
clerical force of this Convention, for 
two reasons; first, its expense, second- 
ly, we encumber it with unnecessary 
employees; I shall vote against the 
whole of it. 

The amendment was not agreed to. 
The resolution was not agreed to. 



STANDING COMMITTEES 



39 



Friday) 



PllESIDENT STRICKLAND 



(June 10 



Janitor. | 

The PRESIDENT. Just here I wish 
to announce the appointment of A. 
KEEN'E as Janitor. 

The PRESIDENT. I will announce 
the following as the Standing Com- 
mittees of this Convention. 

Standing Committees. 

No. I. Judiciary. Lake. Mason, Max- 
well. Thomas, Scofield, Manderson, 
Towle. Philpott, Abhott, Griggs, 
Stevenson. 

Xo. 2. Executive. Woolworth, Bal- 
lard, Speice. Robinson, Kirkpat- 
rick. Newsom, Weaver. 

No. 3. Legislative. .Myers, McCann, 
Majors. Neligh, Moore, Griggs, 
Maxwell. 

No. 4. Klectoral and Representative 
Reform. Wakeley, Newsom. Has- 
call, Maxwell, Reynolds, Lyon. Wil- 
son. 

No. 5. Rights of Suffrage. Maxwell, 
Lake, Newsom, Estabrook, Price, 
Sprague, Curtis. 

No. 6. Education, School Funds and 
Lands. Estabrook. Campbell, Ma- 
jors. Shatf. Vitquain, Gray, Griggs, 
Moore, Philpott. 

No. 7. Municipal Corporations. 
Thomas, Manderson. Parchen. Gre- 
nell. Scofield, Ballard, Kilburn. 

No. 8. Railroad Corporations. Boyd, 
Mason. Kirkpatrick, Philpott, Ley, 
Vifquain, Tisdel. 

No. 9. Miscellaneous Corporations. 

Moore, Maxwell, Hinman, Eaton, 
Price, Thummel, Granger. 

No. 10. Revenue and Finance. Mc- 
Cann, Majors, Parker, Neligb, 
Boyd, Abbott, Towle. 

No. 11. Banks and Currency. Xeligh. 
McCann, Boyd, Griggs, Kilburn, 
Cassell, Gray. 

No. 12. State, County and Municipal 
Indebtedness. Kirkpatrick, Rey- 
nolds, Wakeley, Shaft, Parker, Sco- 
field, Neligh. 



No. 13. Public Accounts and E.vpend- 
itures. Thummel, Stewart, Weaver, 
Thomas, Lyon, Myers, Kenaston. 

Xo. 14. Military .\ffairs. Vifquain, 
Manderson, Cassell, Hinman, Gray, 
Stevenson, Parchen. 

No. 15. Retrenchment and Reform. 
Manderson, Tisdel, Campbell, Cur- 
tis, Ley, Speice, Spragne. 

Xo. 10. Counties. Weaver, Kenaston, 
Neligh, Reynolds, Ley, Robinson, 
Newsom. 

No. 17. Township and Precinct Organ- 
ization. Griggs. Gibbs, Granger, 
Grenell. Gray. Eaton, Stewart. 

No. 18. State Lands, (other than 
school lands.) Scofield, Boyd, Ley. 

Xo. 19. Congressional Apportionment. 
Philpott, Hinman, Woolworth* 
Sprague, Shaft. 

Xo. 20. Legislative .\pportionment. 
Towle, Hasrall. Stevenson. Wilson, 
Reynolds, Abbott, Kenaston. 

X'o. 21. Manufactures and Agricul- 
ture. Ley. Eaton, Kirkpatrick. Wil- 
son, Shaff, Lyon, Grainger. 

X'o. 22. State Institutions and Public 
Buildings. Cassell. Lake, Ballard, 
Curtis, Parker. Gibbs, Campbell. 

Xo. 23. Penitentiaiy and Reformatory 
Institutions. Stewart. Kilburn, My- 
ers Parchen, Speice, Thummel, Tis- 
del. 

Xo. 24. Bill of Rights. Mason, Wool- 
worth, Wakeley, McCann, Thomas, 
Lyon, Kilburn. 

Xo. 25. Federal Relations. Abbott, 
Robinson, Speice, Price, Gibbs, Est- 
abrook. Curtis. 

Xo. 26. Future Amendments. Ballard. 
Eaton, Majors, Moore, Cassell, 
Myers Vifquain. 

X'o. 27. Printing and Binding. Camp- 
bell, Hinman. Kenaston, Wilson, 
Sprague. 

Xo. 28. Roads. Parker, Parchen, 
Thniiimel, Tisdel. (iranger, Grenell. 
Price. 

X'o. 29. Internal Improvements. Shaff, 
Grenell. Stewart, Gray, Boyd, Ma- 
jors, Lyon. 



40 



ADJOURNMENT— PRINTING 



MYERS-PHILPOTT 



[June lb 



No. 30. Revision and Adjustment. 

Woolwortli, Mason, Lake, McCann, 
Reynolds, Thomas, Weaver. 

No. 31. Schedule. Hascall, Towle, 
Wakeley, Scofield, Stevenson, Est- 
abrook, Robinson. 

No. 33. Miscellaneous. Stevenson, 

Hascall, Weaver, Pbilpott, Price, 

Griggs, Newsom. 

Mr. MYERS. Mr. President, I 
move that 200 copies of the Com- 
mittee list be printed for the use of 
the Convention. 

Motion agreed to NEM. CON. 

Adjournment. 

Mr. ESTABROOK. Mr. President, I 
move you, that when this Convention 
adjourn, it do so until Monday, at 
two o'clock. 

The PRESIDENT. The question is 
upon the motion to adjourn. 

The ayes and nays were ordered. 

The Secretary called the roll. 

The following is the vote: 





AYES — 18 


Abbott. 


Majors, 


Boyd, 


Manderson 


Estabrook, 


Neligh. 


Granger, 


Newsom, 


Grenell, 


Parker, 


Gray, 


Robinson, 
Scofield, 


Kena.ston, 


Speice, 


Kilburn', 


Wakeley, 


McCann, 


Wilson, 




NAYS— 28 


Ballard, 


Lake, 


Cassell, 


Ley. 


Curtis, 


Lyon, 


Gibbs, 


Majors, 


Griggs, 


Mason, 


Hascall, 


Moore. 


Hinman, 


Myers, 


Kirkpatrick 


Parchen, 



Philpott, 

Price, 

Reynolds, 

Shafl, 

Sprague, 

Stevenson, 



Stewart, 

Thomas, 

Tisdel, 

Towle 

Vifquain, 

Weaver, 



ABSENT OR NOT VOTING. 

Campbell, Mason, 

Eaton, Thummel. 

Maxwell, Woolworth, 

So the motion to adjourn by Mr. 
Estabrook was not agreed to. 

Leave of Absence. 

Mr. MANDERSON. Mr. President, 
I desire leave of absence until Mon- 
day noon. 

Leave granted NEM. CON. 

Printing. 

Mr. PHILPOTT. I desire to call 
up a resolution I offered yesterday in 
reference to printing. I think the 
resolution is a just one. 

Mr. MYERS. Mr. President, I rise 
to a point of order. No gentleman in 
this house knows what the gentleman 
from Lancaster county is discussing. 
There is nothing before the house 

The PRESIDENT. The gentleman 
will pass up his resolution. 

Mr. PHILPOTT. I did yesterday, I 
ask that it be read. 

The Secretary read the resolution 
as follows: 

RESOLVED. That the Secretary 
of State be directed by this Conven- 
tion to immediately advertise for five 
days to receive bids for the price for 
which parties bidding will do the nec- 
essary printing for the Convention, 
and that he be instructed to award 
the printing to the lowest bidder. 

Mr. PHILPOTT. I move the passage 
of the resolution. This is the Ian- 



PRINTING 



41 



PHILPOTT- ESTA BROOK 



[June le 



guage of Sec. 8 of the Act to provide 
for the calling of this Convention: 

It shall be the duty of the Secre- 
tary of State to attend said Conven- 
tion at the opening thereof; and he 
and all other public ofhcers shall fur- 
nish said Convention with all such 
statements, bool;s, papers and public 
documents in their possession, or per- 
taining to their office, as the Conven- 
tion may order or require; and it 
shall be tlie duty of iho Secretary 
of State to furnish the members with 
such stationery as is usual for the 
Legislature while in session, and to 
cause such printing to be done as the 
Convention may require. 

Now I don't doubt, but that he will 
KTause this printing to be done, but ' 
for my part, I am not in favor of 
leaving this matter wholly in the ' 
hands of one individual. I believe 
that it should be directed by this 
Convention that the Secretary adver- 
tise for bids. I think this is just and 
right. It opens up the field and gives 
all an opportunity to come in with 
their bids^ and we will get our print- 
ing done cheaper than under the 
present arrangement, where it is left 
in the hands of one individual, who 
may let it out to a single favorite par- 
ty. The printing should be done un- 
der the direction and control of this 
Convention. On the part of our con- 
stituents, we have the right to see 
that this printing, and everything 
else, may be done in a manner to 
save money. For these reasons. I 
urge the passage of this resolution. 

Mr. TOWLE. Mr. President, I ask 
leave of absence until 2 o'clock P. M. 
Monday, for Mr. Scofield. 

Leave granted NEM. CON. 

Mr. GRAY. I wish to ask leave of 



absence for myself for same length of 
time. 

Leave granted NEM. CON. 

Mr. HASCALL. I would ask leave 
of absence until 2 o'clock P. M. 
Monday, also. 

Leave granted NEM. CON. 

Mr. WAKELEY. Mr. President, I 
ask leave of absence until Tuesday 
morning. 

Leave granted NEM. CON. 

I'rintiiig .\gain. 

Mr. ESTABROOK. I think from 
the reading of the law, that this mat- 
ter is already provided for, I read 
from our present Constitution under 
the head of "Legislative". 

Sec. 2 3. The Legislature shall pro- 
vide by law that all stationery re- 
quired for the use of the State, and 
all printing authorized and required 
by them be done for their use, or 
for the State, shall be let by con- 
tract to the lowest bidder; but the 
Legislature may establish a maxi- 
mum price. No member of the Leg- 
islature, or other State officer, shall 
be interested, either directly or indi- 
rectly in any such contract. 

This resolution is objectionable in 
that it confines the printing to Ne- 
i braska printers. Under the oath I 
have taken to support the Constitu- 
tion I shall feel myself constrained 
to vote against the resolution. 

Mr. HASCALL. I will remind the 
General, that he has not taken an 
oath to support the Constitution of 
this State. 

Mr. ESTABROOK. I have taken an 
oath to do my duty. 

Mr. MANDERSON. I move to 
amend the resolution by striking out 
the words "Nebraska printers." 

The amendment was agreed to. 



42 



PRINTING 



Friday] 



TOWLE— KtRKPATRICK 



Mr. THOMAS. I understand that 
the resolution now permits printers 
outside of the State to bid, I would 
like to have the resolution read. 

(Resolution read by the Secre- 
tary). 

Mr. ESTABROOK. It seems to me 
we are in some little difficulty. We 
need printing from day to day. I 
have an idea that there are contracts 
already extant governing these cases, 
if there are not there should be. 

Mr. PHILPOTT. We cannot tell 
just now whether these contracts 
have been awarded or not but I do 
not think the contracts ought to have 
been made. I think we can control 
this matter ourselves. 

Mr. TOWLE. For my part, I can 
see no occasion for disagreement or 
difficulty over this printing. Now the 
printing of the journal and the print- 
ing of the debates of the Convention 
will rest entirely with the next Legis- 
lature I think. In my opinion the 
$1.5,000 appropriated will scarcely 
last us for our regular expenses for 
thirty days. We should economize or 
we will find ourselves sitting here 
without pay. Now I think the whole 
matter of incidental printing should 
be left in the hands of the Secretary 
of State. I think the incidental print- 
ing of this Convention should not 
amount to over 1250 or $300 for the 
whole session, and the contract for 
the printing of the journal and the 
debates should be entered into by the 
proper authorities. 

Mr. KIRKPATRICK. The gentle- 
man will bear in mind one thing, the 
reporters are employed to report the 
speeches made here at the rate of 
$30 per day, now some means for 



printing this matter should be provid- 
ed, or we might as well not have the 
speeches reported. I think, however, 
we had better let the matter stand 
for the present. 

Mr. TOWLE. Mr. President, I 
simply wish to read Sec. 8. of the 
I Act providing for calling this Con- 
vention. 

"It shall be the duty of the Secre- 
tary of the State to attend said Con- 
vention at the opening thereof; and 
he and all other public officers shall 
furnish said Convention with all such 
statements books, papers and public 
1 documents in their possession, or per- 
j taining to their office as the Conven- 
I tion may order or require. And it 
I shall be the duty of the Secretary of 
I State to furnish the members with 
such stationery as is usual for the 
Legislature while in session and to 
cause such printing to be done as the 
Convention may require. 

In having this printing done, and 
done especially as demanded, the 
Secretary would have to be there 
when the first copy is made to look 
over the proof sheets, and it would 
be impossible for him to do this if 
the printing was done away from 
here. I therefore think it should be 
done here. 

Mr. PHILPOTT. I do think the 
printers of this town can compete 
with the other printers in the state. 
I am informed that it can be done for 
about a thousand dollars, but that 
four or five hundred dollars could be 
saved by letting it to the lowest bid- 
der, and I am in favor of saving even 
that amount. And five days are not 
long to wait for that. 

Mr. LAKE. I don't suppose 
this convention have a right to make 
laws. We hive a right under the law 



PRINTING 



43 



Friday 1 



LAKE-ESTABROOK-WAKELEY 



(June 16 



creating this body to call for printing, 
but it is left for the Secretary of State 
to furnish that printing, and it is 
made his duty to furnish what we 
demand. Under this law it seems to 
me we have no authority on this ques- 
tion; and for this reason I shall be 
compelled to vote against the resolu- 
tion. 

Mr . ESTABROOK. I move that 
this resolution be referred to the 
Committee on Printing and Binding, 
Number 27 of the Standing Commit- 
tees. 

Mr. MYERS. I move to indefinitely 
postpone the consideration of the res- 
olution. 

The "yeas" and "nays" were order- 
ed. The Secretarj" proceeded to call 
the roll. 

Mr. ESTABROOK. (when his 
name was called said) A word of ex- 
planation. I vote no on this; but will 
vote to have it referred, as there 
seems to be some doubt about our 
duties and authority. 

The result was then announced, 
yeas 19, nays 26 as follows: 



Abbott, 


YEAS 


—19 
Lvon. 


Ballard, 




Majors, 


Gibbs, 




Myers, 


Grenell, 




Neligh , 


Gray. 

Hascall, 

Kenaston, 

Kirkpatrick, 

Lake, 




Parchen, 
Price, 
Stevenson, 
Shaff, 


Ley, 




Towle, 




NAYS 


—26 


Boyd, 

Curtis, 




Griggs, 
Hinman, 


Cassell, 




Kilburn, 


Estabrook, 




Manderson 


Granger, 




Moore, 



McCann, 

Newsom, 

Parker, 

Philpott. 

Reynolds, 

Robinson, 

Stewart, 

Sprague, 



Speice, 
Thomas, 

Tisdel, 

Vifqualu, 

Wakeley, 

Weaver, 

Wilson, 

Mr. President, 



ABSENT OR NOT VOTING- 



Campbell, 

Ealon, 

Mason, 



Maxwell, 
Scofield, 
Thummel, 
Woolworth, 



So the motion was not agreed to. 

Mr. WAKELEY. Mr. President, I 
believe the question now is on the 
reference to the Committee on Print- 
fng. I move to amend by referring 
to Committee on Judiciary. My reas- 
on is because the question is upon the 
law, whether we have the authority 
to control this matter. 

Mr. ESTABROOK. I accept the 
amendment. 

The motion agreed to. 

Adjonnunent. 

Mr. McCANN. I move to adjourn. 

Leave of Absence 

Mr. WAKELEY. Will the gentle- 
man give way for a moment, I wish 
to ask leave of absence for my col- 
league, Mr. Boyd, until 2 o'clock on 
Monday. 

Leave granted NEM. COX. 

Mr. PARKER. I ask leave of ab- 
sence for Mr. Sprague until Monday 
at 2 o'clock. 

Leave granted NEM. CON. 

Mr. SPEICE. I ask leave of ab- 
sence until Tuesday at 2 o'clock. 

Leave granted XEM. CON. 



44 



ADJOURNMENT— JOUKNAL 



Monday] 



FI FIELD— PRICE 



Adjournment Again. 

Mr. ABBOTT. I move to amend 
the motion, that we adjourn until 
2 o'clock on Monday. 

The motion was agreed to. 

So the Convention (at eleven o'- 
clock and thirty minutes) adjourned. 



FIFTH DAY. 
Monday June 19, 1S71. 

The Convention met at two o'clock 
P. M. and was called to order by the 

President. 

Prayer. 

Prayer was offered by the Rev. 
Mr. Fifleld of Lincoln, as follows: 

Our Father, Thanksgiving to thee, 
for thy good providence toward us. 
Contiiuu' lliat nnnidence, vvc pray. 
Give wisdom to the Convention for 
the labors of the week. Send wis- 
dom, and give understanding, we be- 
seech Thee. Amen. 

Call of the RoU. 

The Secretary called the roll. 

Present. 

Messrs. Abbott, Ballard, Boyd, 
Curtis, Cassell, Campbell, Eaton, 
Estabrook, Gibbs, Granger, Grenell, 
Gray, Griggs, Hascall, Kenaston, Kil- 
burn, Kirkpatrick, Lake, Ley, Lyon, 
Majors, Mason, Manderson, Moore, ! 
Myers, McCann, Neligh, Newsom, ! 
Parchen, Parker, Price, Stevenson, 
Stewart, Sprague, Shaff, Thummel, 
Tisdel, Towle, Vifquain, and Weav- 
er. 

Absent on Leave. 

Messrs. Wakeley, and Woolworth. 



Absent. 

Messrs. Hinman, Maxwell, Phil- 
pott, Reynolds, Robinson, Scofield, 
Speice, Thomas, and Wilson. 

Leave of Absence. 

Mr. KIRKPATRICK. Mr. Presi- 
dent, I ask leave of absence for Mr. 
Maxwell until 10 o'clock to-morrow 
morning. 

Leave granted NEM. CON. 

Mr. McCANX, Mr. President, I ask 
leave of absence for Mr. Scofield un- 
til to-morrow morning. 

Leave granted NEM. CON. 

Mr. GRIGGS. I ask leave of ab- 
sence for Mr. Reynolds until to-mor- 
row morning. 

Leave granted NEM. CON. 

Mr. ABBOTT. I ask leave of ab- 
sence for Mr. Speice until to-morrow 
morning. 

Leave granted NEM. CON. 

Reading of the Jonrnal. 

The journal of the previous meet- 
ing was read and approved. 

Presentation of Petitions. 

Mr. PRICE. Mr. President, I have 
a petition to present. 

Petition read by the Secretary, as 
follows. 

To the Constitutional Convention 
of the State of Nebraska. We the Un- 
dersigned, legal voters of Jefferson 
county, Nebraska, respectfully ask 
that an article be placed in the Con- 
stitution of the State, prohibiting 
counties from taking stock in rail- 
roads; or voting aid to railroad en- 
terprises, by means of taxation upon 
the people. Signed by Albert N. 
Crawford and S7 other voters of Jef- 
ferson county. 



RESOLUTIONS 



45 



STEWART— CURTIS 



[June 19 



Mr. PRICE. I move the petition be 
referred to Committee on Railroad 
Corporations. 

Mr. KIRKPATRICK. I think it 
ought to go to the Committee on 
State, County and Municipal Indebt- 
edness. 

The motion was not agreed to. 

Mr. GRAY. Mr. President, I move 
that the petition be referred to the 
Committee on State, County and Mu- 
nicipal Indebtedness. 

The motion was agreed to. 

Presentation of Resolutions, and Pro- 
positions to Amend the 
Constitution. 

Mr. STEWART. I have a resolu- 
tion. 

Resolution read by the Secretary 
as follows: 

RESOLVED; That the Constitu- 
tion of the State be so amended, that 
the House shall consist of sixty-three 
members, and that that of the Senate, 
of twenty-one members; and that for 
this purpose the State should be di- 
vided into 63 Representative, and 21 
Senatorial districts of contiguous 
territory, and as nearly equally pop- 
ulated as possible; and that one 
member should be elected from each 
district, and that no elector shall 
vote for more than one Senator and 
one Representative at the same elec- 
tion, and that the Legislature at its 
next session shall so apportion the 
same. 

Mr. STEWART. I move that the 
resolution be referred to the Legis- 
lative Committee. 

The motion was agreed to. 

Mr. STEWART. Mr. President, I 
have a resolution to offer. 

The Secretary read the resolution 
as follows: 

RESOLVED; by the Convention 



that all executive, legislative and ju- 
dicial officers shall be elected by the 
people, and that the compensation to 
be allowed for official service in the 
several departments of the Govern- 
ment shall be fixed by the Constitu- 
tion and shall not be increased or 
diminished by the Legislature. 

The PRESIDENT. Gentlemen, 
what shall be done with the resolu- 
tion. 

Mr. McCANN. Mr. President, I 
move it be referred to the Legislative 
Committee. 

Mr. ESTABROOK. I would sug- 
gest it be referred to the Committee 
on Electoral and Representative Re- 
form. 

Mr. McCANN. I accept. 

Mr. CURTIS. Mr. President, I 
wish to offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That no person 
shall be eligible to any county, pre- 
cinct or school office in this State, 
who has not resided in the State one 
year previous to his election to such 
office. 

And no person shall be eligible to 
the office of Representative or Sena- 
tor in the State Legislature, who has 
not been a resident of the State two 
years previous to his election to such 
office. 

And that no person shall be eligible 
to any State office, who has not been 
a resident of the State two years 
before his election or appointment to 
such office. 

And that no person shall be eligi- 
ble to the office of Governor of this 
State, Representative or Senator in 
Congress who has not resided in this 
State three years previous to his elec- 
tion to such office. 

Mr. STEWART— Mr. President, I 
move that the resolution be referred 



i6 



RESOLUTIONS— STATE DEBT 



Monday] 



TO WLE— KIR KPATRICK— MOORE 



[June 19 



to the Committee on Electoral and 
Representative Reform. 

The resolution was so referred, 
NEM. CON. 

Mr. TOWLE. Mr. President, I 
call for the reading of the resolution 
I sent up. 

The PRESIDENT. The Secretary 
will read the resolution sent up by 
Mr. Towle. 

The Secretary read the resolution 
as follows: 

RESOLVED BY THIS CONVEN- 
TION; That the Auditor of State be 
requested to furnish a comprehensive 
and tabular statement upon the fol- 
lowing points pertaining to the re- 
ceipts and expenditures of the State 
of Nebraska. 

1st. The total amount of assess- 
ments by counties, of the State of 
Nebraska, for the years of 18G7, 18- 
GS, 1SG9, 1S70 and 1S71. 

2nd. The amount of State General 
Fund, Sinking Fund, State School 
Fund and University Fund by coun- 
ties, levied for years 1867, 1868, 1869 
and 1S70. 

3rd. The amount of State General 
Fund, Sinking Fund, State School 
Fund and University Fund collected 
from the different counties for the 
years 18G7, 1868, 1869 and 1870. 

4th. The amount of orders or war- 
rants drawn on the said funds in the 
years 18G7, 1S6S, 1869, 1870. 

5 th. The amount of the appropria- 
tions of each Legislature of each 
fund for the years 1SG7, 1868, 1869, 
1870, 1871 and 1S72. 

6th. The amount or percentage of 
levy per hundred dollars on the total 
assessment of each fund for the 
years 18G7, 1868, 1869, and 1870. 

Mr. TOWLE. Mr. President, I 
move the passage of the resolution. 
The motion was agreed to. 
Mr. KIRKPATRICK. Mr. Presi- 



dent, I wish to offer a resolution. I 
have conferred with the Auditor, and 
he is ready to make this statement. 
The Secretary read the resolution 
of Mr. Kirkpatrick, as follows: 

RESOLVED; That the Auditor of 
State be requested to furnish to this 
Convention without delay, a state 
ment showing the entire indebtedness 
of the State outstanding and unpaid 
at this date, and including all unpaid 
and outstanding warrants and bonds 
of the Territory of Nebraska. 

Mr. KIRKPATRICK. Mr. Presi- 
dent, I move that the resolution be 
adopted. 

The motion was agreed to. 

Mr. MOORE. Mr. President, I 
have a resolution which I wish to of- 
fer. 

The Secretary read the resolution 
as follows: 

RESOLVED; That the Committee 
on the rights of Suffrage be instruct- 
ed to inquire into the e.xpedieucy of 
incorporating in the Constitution, a 
Section permanently excluding from 
the rights of Elective Franchise, all 
persons who may be convicted by a 
Court of Record of having received, 
or who pai(J, or offered to pay money 
or other valuable things, or promised 
any consideration, place or office with 
a view of securing or preventing the 
election of any candidate for any Fed- 
eral, or local office. 

The PRESIDENT. Gentlemen, the 
question is upon the referring of this 
resolution. 

Mr. MOORE. I move that It be 
referred to the Committee on Rights 
of Suffrage. 

The motion was agreed to. 

Mr. MANDERSON. Mr. President, 
I have a resolution to offer. 



KESOLUTIOXS— SCHOOL LANDS 



47 



MANDERSON-HINMAN -ABBOTT— BOYD 



(June 19 



The Secretary read the resolution 
as follows: 

RESOLVED; That the Secretary of 
State be requested to furnish for the 
use of the Convention fifty two copies 
of Colton's late pocket map of Ne- 
braska. 

Mr. MANDERSON. I move the 
adoption of the resolution. 

The motion was agreed to. 

Mr. HIXMAN. Mr. President, I 
wish to offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That each organized 
county shall be entitled to at least 
one Representative in the lower 
House of the State Legislature. 

Mr. HINMAN. I move that the 
resolution be referred to the Com- 
mittee on Legislative Apportionment. 

The motion was agreed to. 

Mr. ABBOTT. Mr. President I 
wish to offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED; That the State Sup- 
erintendent of Schools, be and he is 
hereby requested to furnish this Con- 
vention with a statement showing the 
whole number of acres of school lands 
sold: the average price per acre; the 
whole number of acres of school lands 
selected under the Homestead and 
Pre-emption laws, and the whole 
number of acres selected in lieu 
thereof, if any, the title to which has 
be confirmed to the State. 

Mr. ABBOTT. Mr. President. I 
move the passage of the resolution. 

Mr. MANDERSON. Mr. President, 
I would ask for the reading of the 
resolution again. 

The Secretary reads the resolution 
again. 

Mr. ESTABROOK. I favor the res- 



olution, but would like to have some- 
thing added. 

Mr. HASCALL. Mr. President, I 
would suggest that the statement 
show the number of acres sold in the 
respective counties and the amount 
per acre. 

Mr. ABBOTT. I accept that as an 
amendment. 

Mr. ESTABROOK. I should think 
that the Committee on Education, 
School Funds and Lands, would be 
the Committee. I move its reference 
to that Committee. 

The resolution was so referred. 

Mr. BOYD. Mr. President, I wish 
to offer a resolution. 

The Secretary read the resolution 
as follows: 

WHEREAS; There are yet until- 
led in the State of Nebraska millions 
of acres of virgin prairie, the richest 
in the world, waiting only the hand 
of the farmer to contribute its abund- 
ant stores to the support of man, 
and 

WHEREAS; Owing to the limited 
amount of building material and fuel 
in some parts of the State, the best 
interests of the people demand the 
speedy construction of railroads in 
order to supply tlie early settler 
with this great lieed, and give him a 
convenient market for his produce, 
and 

WHEREAS; Donations and sub- 
scriptions in aid of legitimate im- 
provements have been productive of 
great benefit, but that, in order to 
guard against the schemes of reck- 
less men and grasping corporations 
therefore, 

RESOLVED; That the Committee 
on State, County and Municipal In- 
debtedness, be instructed to inquire 
into the expediency of inserting in 
the Constitution a clause granting the 
right to any county, city, town, pre- 



48 



RAILKOADS— SUNDAY LAWS 



WEAVER-MASON-VIFQUAIN— PRICE 



[June 19 



cinct or other municipality to sub- 
scribe, donate or loan its credit in 
aid of railroads or other works of in- 
ternal improvements, to an amount 
not to exceed, in the aggregate, ten 
per centum of its assessed valuation, 

PROVIDED; A proposition setting 
forth the nature and amount of aid 
proposed to be given, shall first be 
submitted to the voters of said coun- 
ty, city, town or precinct or other 
municipality, at a general election, 
and a majority of the whole number 
of votes of said county, city, town, 
precinct or other municipality be pol- 
led in favor thereof. 

Mr. MANDERSON. Mr. President, 
I move its reference to the Committee 
on State, County and Municipal In- 
debtedness. 

The motion was agreed to. 

Mr. WEAVER. Mr. President, I 
desire to offer a resolution. 

The Secretary read the resolution 
as follows; 

RESOLVED; That the Secretary 
of State be requested to furnish each 
member of this Convention with an 
abstract showing the population and 
valuation of each county, according 
to the most recent census and re- 
turn. 

The resolution was adopted NEM. 
CON. 

Mr. MASON. Mr. President, I 
have a resolution to offer. 

The Secretary read the resolution 
as follows; 

RESOLVED; That the Committee 
on Legislature be instructed to in- 
quire and report as to the expediency 
of a Constitutional provision, provid- 
ing that no county, city, town, town- 
ship or school district, shall ever 
become a subscriber to the capi- 
tal stock of any private corporation 
or make any donation to, or loan its 
credit in aid of any such corporation. 

Mr. CAMPBELL. I move the re- 



ference to the Committee on Municip- 
al Corporations. 

The motion was agreed to. 

Mr. VIFQUAIN. Mr. President, I 
desire to offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED; That no laws will be 
passed abridging the privilege of our 
citizens to enjoy themselves as they 
please on Sunday or in any way in- 
terfering with the customs of our for- 
eign born citizens, upon that day 
from 12 o'clock M. 

Mr. WILSON. I move the resolu- 
tion be laid upon the table. 

The Convention divided and the 
motion was not agreed to. 

Mr. NEWSOM. Mr. President. I 
move the resolution be referred to 
the Committee on Bill of Rights. 

The motion agreed to. 

Mr. PRICE. Mr. President. I of- 
fer a resolution. 

The Secretary read the resolution 
as follows; 

RESOLVED; That the Committee 
on Rights of Suffrage, be instructed 
to enquire into the propriety of strik- 
ing the word "male" from the Consti- 
tution, wherever it occurs so as to 
prevent any citizen from exercising 
the rights of suffrage. 

Mr. PRICE. I move the adoption 
of the resolution. 

Resolution referred to Committee 
on Bill of Rights. 

Adjoiu-nnient. 

Mr. BALLARD. I will now make 
a motion to adjourn. 

The motion to adjourn was agreed 
to. 

So the Convention, (at two o'clock 
and fifty-five minutes,) adjourned. 



SCHOOL LANDS 



49 



GRAY— HASCALL, 



SIXTH DAY. 
Tuesday, June 20, 1871. 
Convention called to order by the 
President at 10 o'clock A. M. 

Prayer. 

Prayer was offered by the Rev. 
Mr. Fifield of Lincoln, as follows: 

Merciful God, our Heavenly Fath- 
er, may It please Thee to be with us 
this day, forget us not in our work, 
defend this State and people, may 
leaders, magistrates and rulers look 
toward Thy throne, may they con- 
sider Thy holy will; save us, Oh, 
Lord, save this commonwealth we 
pray Thee. Amen. 

The Secretary read the journal of 
the last day's proceedings which were 
approved. 

The PRESIDENT. Will the gen- 
tleman from Cass, (Mr. Kirkpatrick), 
take the Chair for a moment? 

Mr. KIRKPATRICK took the 
Chair. 

Reports of Standing Committees. 

Mr. GRAY. Mr. President, Your 
Committee on Education, School 
Funds and Lands, beg leave to report 
the following. 

I make this report at the request 
of the Chairman of the Committee. 
This report is a substitute to the orig- 
inal resolution and I will read it. 

BE IT RESOLVED; by the Con- 
stitutional Convention, that the State 
Auditor be and is hereby requested to 
furnish this Convention with a state- 
ment showing 

1st. The whole amount of com- 
mon school lands sold. 

2nd. The county where the sale 
was had. 

3rd. The average price per acre 
in each county where sold. 



4th. The amount of school land 
taken under the Homestead and Pre- 
emption laws. 

5th. The amount selected in lieu 
thereof, the title of which has been 
confirmed to the State, and the des- 
cription thereof. 

6th. The actual, or estimated 
amount of common school lands in 
the State. 

7th. How much has been raised 
annually by direct taxation as State 
school tax, for the use of schools, and 
what proportion of the same has been 
used for the support of schools, and 
what for pay of officers or other ex- 
penditures. 

Sth. The interest accruing to the 
school fund, from school lands sold, 
and the income from the lease of 
school lands in this State. 

Mr. Chairman, the substitute the 
Committee offers is substantially the 
same as the original resolution re- 
ferred to them, with the exception 
that instead of requesting the State 
Superintendent of schools to furnish 
this the Auditor by the substitute, 
is requested alone to furnish it. 
They have added, you will observe, 
more in the substitute than was or- 
iginally embodied in the resolution, 
but the report contains the same in- 
formation. 

Mr. HASCALL. Mr. President, I 
moved the report be received and the 
substitute adopted. 

The motion agreed to NEM. CON. 

Resolutions. 

Mr. HASCALL. Mr. President, I 
have a resolution I desire to offer. 

The Secretary read the resolution 
as follows: 

RESOLVED; That the Committee 
on Miscellaneous Subjects are hereby 



50 



STATE CAPITOL— APPEALS 



WAKEI.EY— ROBINSON-LYOX 



[June 20 



instructed to prepare and report a 
Section to be inserted in the Consti- 
tution, locating and fixing the perma- 
nent seat of Government of the State 
at the City of Lincoln. 

Mr. HASCALL. Mr. President, I 
move the adoption of the resolution. 
The ayes and nays were demanded. 
Mr. WAKELEY. I will inquire If, 
under the Standing Rules, it is not 
necessary that that resolution should 
go to some appropriate Committee. 
I therefore make It a point of order 
that that disposition must be made of 
it. 

Mr. SPRAGUE. It will be seen by 
referring to rule 36, that the gentle- 
man from Douglas, (Mr. Wakeley), 
Is correct. 

Mr. McCANN. I move that the res- 
olution be referred to the Committee 
,on State Institutions and Public 
Buildings. 

Mr. HASCALL. I withdraw the 
proposition to adopt, as I see the rule 
contemplates it should go to a Com- 
jHittee. 

The PRESIDENT. The gentleman 
from Douglas (Mr. Hascall), with- 
draws his motion. 

The question is on referring to 
the Committee on State Institutions 
and Public Buildings. 

Mr. ESTABROOK. It seems to 
me that is hardly the appropriate 
Committee. 

Mr. HASCALL. I think it should 
be referred to the Committee on Mis- 
cellaneous Subjects, for the reason 
that it is a matter which would arise 
necessarily under that head. 

Mr. McCANN. I accept the amend- 
ment, Mr. President. 

The motion to refer to the Com- 



mittee on Miscellaneous Subjects, 
was agreed to. 

Mr. ROBINSON. I have a resolu- 
tion to offer, Mr. President. 

Mr. LAKE. Mr. President, I have 
a resolution. 

The PRESIDENT (pro tem). I 
have been requested to ask the mem- 
bers not to hurry their resolutions 
too rapidly. 

The Secretary read Jlr. Robinson's 
resolution as follows. 

RESOLVED; Any party to a suit 
feeling himself ag.grieved by alleged 
error or errors of law apparent upon 
the records, shall have the right in 
all cases, whether civil or criminal, 
to prosecute proceedings in the pro- 
per appellate tribunal to have such al- 
leged error or errors of law reviewed, 
and to receive appropriate relief. 
Provided, that in criminal cases 
where the State prosecutes such pro- 
ceedings no new trial shall be had 
for any such errors of law if the de- 
fendant stands charged upon the re- 
cord with an offence punishable by 
imprisonment. 

Mr. LYON. Mr. President, I 
have a resolution to offer. 

The Secretary read the resolution 
offered by Mr. Lake as follows: 

RESOLVED: That the Secretary 
of State, Auditor and Treasurer be 
and they are hereby requested to re- 
port to this Convention as soon as 
practicable whether any contract, or 
contracts were entered into in the 
year 1S70, on behalf of the State with 
any person, or persons, for the State 
printing, or whether any such con- 
tract is now in force, as provided in 
the Act of the Legislature of Nebras- 
ka, approved June IS, 1SG7. and it 
any there be, that they furnish a copy 
or copies thereof forthwith for the 
use of this body. 

RESOLVED; That copies of the 
above resolution bo delivered to each 
of the officers named in the foregoing 



WOMAN SUFFRAGE 



51 



Tuesday] 



WEAVER-STRICKLAND 



resolution by the Secretary of the 
Convention. 

Mr. LAKE. Mr. President, I move 
the adoption of the resolution. 

Motion agreed to. 

The Secretary read the resolution 
offered by Mr. Lyon as follows. 

WHEREAS: The ballot, in the 
hands of freemen is their shield and 
protection therefore 

RESOLVED; That no person of 
suitable age. moral and intellectual 
attainments shall ever be deprived of 
Its use. 

Mr. LYON. I move the resolution 
be referred to the Committee on 
Rights of Suffrage. 

Motion was agreed to. 

Mr. WEAVER. I have a resolution 
to offer, Mr. President. 

The Secretary read the resolution 
as follows: 

RESOLVED; That an article be 
Incorporated Into the Constitution 
guaranteeing to all citizens, who by 
their religious faith observe the Sev- 
enth day of the week, or Saturday, 
as a day of worship, the privilege of 
transafting all legitimate business 
upon the first day of the week — 
known as "Sunday." 

Mr. WEAVER. Mr. President, I 
move it be referred to the Committee 
on Bill of Rights. 

The motion was agreed to. 

Mr. STRICKLAND. Mr. President, 
I have a resolution which I wish to 
offer, and after its being read by the 
Secretary, to ask its reference to the 
Committee on Rights of Suffrage. 

The Secretary read the resolution 
as follows: 

RESOLVED; That the Committee 
on "Ri.ghts of Suffrage" be and they 
are hereby instructed to report an ar- 
ticle to the Constitution for the con- 
sideration of the Convention confer- 
ring upon females the right to vote 



at all general and special elections in 
the State; and also to provide for the 
submission of said article to a vote 
of the people of the State in the 
following manner: that said article, 
before it becomes operative be sub- 
mitted to a vote of the people of the 
State at which election, both males 
and females shall he entitled to vote 
under the same rules and regulations 
as are now prescribed by law for male 
electors; tlif male voter to voce 
for or against said article at the same 
time and place that the vote is taken 
on the adoption or rejection of the 
Constitution and there shall also at 
the same time and place, be provided 
separate ballot boxes for the recep- 
tion of the votes of the females, and 
if it be found that a majority of both 
male and female electors are in favor 
of said article, then the same to re- 
main a part of the Constitution, but 
if a majority of either be against said 
article, the same to be deemed re- 
jected and in that case to form no 
part of said instrument. 

Referred to Committee on Rights 
of Suffrage NEM. CON. 

Mr. STEWART. I have a reso- 
lution to offer. 

The resolution was read by the 
Secretary as follows: 

RESOLVED; That Sec. 7 of the 
Constitution of this State, under the 
head of "Judiciary" shall be so 
amended, that no entrance fee shall 
be required on the commencement 
of suits in the District Courts of this 
State. 

Mr. STEWART. I move it be re- 
ferred to the Committee on Judiciary. 

The motion was agreed to. 

Mr. MOORE. Mr. President, I 
wish to offer a resolution. 

Mr. CURTIS. Mr. President, I 
have two resolutions to offer. 

Mr. ESTABROOK. Mr. President, 
It seems to me that the manner in 
which these resolutions are being in- 



52 



RAILKOADS— GRAND JURY 



Tuesfla y ] 



CURTIS— MOORE— NEWSOM 



[June 20 



troduced, causes a little confusion. 

It seems to me that when a gentle- 
man rises to address the Speaker, 
his resolution should be first consid- 
ered and disposed of before others 
are offered. 

The PRESIDENT, (pro tem.) The 
Chair has al-ready made that request, 

Mr. GRIGGS. I would suggest that 
when the Secretary reads the resolu- 
tion, he give the name of the gentle- 
man offering it. 

Mr. MYERS. Mr. President, every 
gentleman should endorse his name 
on his resolution before he sends it 
to the Secretary's desk. 

The PRESIDENT (pro tem). The 
Chair has requested that this be done, 
and in this way much confusion will 
be avoided. 

The Secretary read the first resolu- 
tion offered by Mr. Curtis, as follows: 

RESOLVED; That the office of 
Lieutenant Governor, be created in 
this State. 

Mr. MANDERSON. I move it be 
referred to the Executive Committee. 

The motion was agreed to. 

The Secretary read the second res- 
olution offered by Mr. Curtis, as fol- 
lows: 

RESOLVED; That the Judiciary 
Committee submit a report to this 
Convention on the Constitutionality 
of abolishing the Grand Jury Sys- 
tem in this State. 

Mr. ESTABROOK. I move the res- 
olution be referred to the Judiciary 
Committee. 

The motion was agreed to. 

The Secretary read the resolution 
offered by Mr. Moore as follows: . 

WHEREAS; Railroad corpora- 
tions can only exist by having confer- 
red upon them the supreme power of 
taking private property belonging to 



the people, and applying it to their 
own benefit and use and 

WHEREAS; many just complaints 
have from time to time arisen, of un- 
just and disproportionate charges for 
transportation of freight and passen- 
gers, the often wanton and useless 
destruction of private property of in- 
dividuals along the lines of railways, 
and their refusal to make just com- 
pensation to the owners for the same, 
without a long and expensive law 
suit, the often destruction of life and 
limb of passengers by the careless- 
ness of officials and agents, therefore 

BE IT RESOLVED; That the Com- 
mittee on Railroad corporations, (No. 
S) be instructed to provide some safe- 
guard in the Constitution requesting 
the General Assembly upon their first 
meeting, to provide by law for the 
full and complete protection of the 
people from these and other abuses. 

Referred to Committee on Rail- 
road Corporations, NEM. CON. 

Mr. ROBINSON. Mr. President, I 
offered a resolution which was read 
by the Secretary but no action taken 
on it, I move it be referred to the 
Committee on Judiciary. 

The resolution was so referred 
NEM. CON. 

Mr. Moore. Mr. President, I 
move the resolution offered by me 
and just read by the Secretary be re- 
ferred to Committee on Railroad 
Corporations (No. S). 

The resolution was so referred 
NEM. CON. 

Mr. NEWSOM. Mr. President, I 
have a resolution I desire to offer. 

The Secretary read the resolution 
as follows: 

RESOLVED; That the Committee 
on Revenue be instructed to inquire 
into and report as to the expediency 
of a Constitutional provision govern- 
ing the Legislature in levying the 
needful tax for revenue by valuation 
so that every person and corporation 



TAXATION— COUNTY SEATS 



53 



Tuesday] 



THUMMEL— KEN ASTON— CAMPBELL 



[June 20 



shall pay a tax in proportion to the i 
value of his or her property, such 
value to be ascertained by some per- 
son or persons to be elected or ap- 
pointed in such manner as the Gener- 
al Assembly shall direct, and said tax 

shall not exceed per cent of 

said valuation, over and above the 
amount of revenue necessary for the 
payment of the interest now provided 
by law on the State and county in- 
debtedness and the sinking fund. 

Mr. NEWSOM. Mr. President, I 
move the resolution be referred to 
the Committee on Revenue and Fi- 
nance. 

The motion was agreed to. 

Mr. THUMMEL. Mr. President, I 
have a resolution I desire to offer. 

The Secretary read the resolution 
as follows: 

RESOLVED; That the State Au- 
ditor be requested to furnish this Con- 
vention a statement showing the va- 
rious amounts that have been appro- 
priated for and expended on the Cap- 
itol building and grounds. 

Mr. THUMMEL. Mr. President, I 
move the adoption of the resolution. 

Mr. ESTABROOK. This is amen- 
able to the same objection raised on 
the other resolution that it must first 
be referred to an appropriate Com- 
mittee. 

Mr. THUMMEL. This is not a pro- 
position to amend the Constitution 
but simply an inquiry for informa- 
tion. 

The motion to adopt was agreed to. 

Mr. KENASTON. Mr. President, 
I wish to call attention to the resolu- 
tion offered by me and ask that it 
be read. 

The Secretary read the resolution 
as follows: 

RESOLVED; That no county seat 
shall be removed until the point to 
which it is proposed to be removed 



shall be fixed in pursuance of law 
and two thirds of the voters of the 
county, to be ascertained in such 
manner as shall be provided by gen- 
eral law, shall have voted in favor 
of its removal to such point; and no 
person shall vote on such question 
who has not resided in the county 
six months, and in the election pre- 
cinct 90 days next preceding such 
election. 

The question of the removal of a 
county seat shall not be oftener sub- 
mitted than once in five years to a 
vote of the people. But when an at- 
tempt is made to remove a county 
seat to a point nearer to the center 
of a county then a majority vote only 
shall be necessary. 

Mr. McCANN. Mr. President, I 
move the resolution be referred to 
the Committee on Counties. 

The motion agreed to., 

Mr. CAMPBELL. Mr. President, I 
offer a resolution. 

The Secretary read the resolution 
as follows: 

WHEREAS; The ninety thousand 
acres of land donated by Congress to 
the State of Nebraska for an agricul- 
tural College has been forfeited to 
the State on account of the nonpay- 
ment of the land ofHce fees, therefore, 

RESOLVED; That the Judiciary 
Committee be instructed to investi- 
gate the propriety of inserting in the 
Constitution an article requiring the 
Attorney General to commence suit 
for the recovery of the land so forfeit- 
ed. 

Mr. CAMPBELL. Mr. President, I 
offer this resolution for the purpose 
of getting information for the Con- 
vention on this matter. If I have 
been correctly informed this land was 
selected in 186S, and in 1868 notice 
was given, if the land office fee was 
not paid, the land would be forfeited, 
' and it was ordered that the amount, 
$600, should be paid out of the gen- 



54 



AGRICULTURAL COLLEGE LANDS 



Tuesday] 



HASCALL-McCANN 



(June 20 



eral fund. But there was no money 
at that time in the general fund and 
consequently the land office fee was 
not paid. 

This fact remained a secret until 
after the close of the last legislature 
and after that it was made known, 
but secretly. The result was that a 
few members of the Legislature and 
persons connected with the land office 
who were permitted to know of the 
forfeiture entered up that land or 
the most of it. I would like to have 
this matter investigated and there- 
fore move the adoption of the resolu- 
tion. 

Mr. HASCALL. Mr. President, for 
fear some misapprehension may be 
had on this matter I would say the 
hands of the present Legislature is 
clear of having anything to do with 
this land, it belongs to the Legisla- 
ture immediately preceding this. 
The loss to the State of ninety thous- 
and acres of land should be charged 
where it properly belongs with those 
who are guilty, which is certainly the 
Legislature previous to the one which 
has just adjourned. 

Mr. McCAN'N. I believe we can 
obtain the desired information from 
the gentleman from Douglas (Mr. 
Hascall) and I would like to ask him 
if this land was forfeited by the non- 
payment of the land office fees? 

Mr. HASCALL. I will say that I 
have no official information from the 
land office on that subject, but I am 
reliably informed that the land has 
been forfeited and has been entered 
by parties who knew when the forfeit 
was made. I think the proper way 
to investigate this matter is to get 
the names of these parties so entering 



and the amount of the land lost, and 
request the committee to investigate 
this matter by way of inquirj'. 

Mr. McCANX. Mr. President, If 
the motion has not already been 
mad^ I move that this resolution be 
referred to the Committee on Judi- 
ciary and Judicial Districts. 

Mr. ESTABROOK. Mr. President, 
It seems as though we never shall 
be done of hearing of new — 

Mr. STEWART. Mr. President, I 
rise to a point of order. I believe 
these Resolutions should be referred 
to Committees without debate. 

The PRESIDENT. (Pro Tempore,) 
What rule does the gentleman refer 
to? 

Mr. STEWART. Rule No. 36. 

Mr. MYERS. I move that this reso- 
lution be referred to a Special Com- 
mittee. 

The PRESIDENT. (Pro Tempore,) 
The question of order will be settled 
first. 

Mr. ESTABROOK. If this is a 
proposition to amend the Constitu- 
tion it goes without debate. I would 
enquire whether it is a resolution 
that contemplates any amendment. 

The PRESIDENT. (Pro Tempore,) 
It is asking investigation by a cer- 
tain committee. 

Mr. CAMPBELL. The resolution 
provides that the Juaicial Committee 
be instructed to enquire into this 
matter. I move its reference to that 
Committee. 

The PRESIDENT. (Pro Tempore,) 
That motion has been made and 
stated. 

Mr. ESTABROOK. Mr. President, 
That committee has very much re- 
ferred to it already. It is expected to 



AID TO CORPORATION 



55 



Tuesday] 



HASCALL-MASON-GRAY 



[June 30 



give advice, its opinion in regard to 
purely local questions that may arise 
here. This is a subject that demands 
investigation as to facts, not law, 
facts. It seems that here is another 
big steal; I have never before heard 
of this larceny if it be true. We had 
it as a matter of casual debate, as to 
what had become of our Agricultural 
College Lands, in our School Com- 
mittee. I have never seen any report 
of them, it is now opening a new vein, 
a new lode; I would like to have it 
thoroughly investigated or probed; I 
want it to go to some Committee of 
enquiry, that the facts in this case 
may be fully ascertained and expos- 
ed; this is another source of rotten- 
ness; I do not know who are the par- 
ties at fault, I think a special Com- 
mittee should be appointed. Messrs. 
Hascall, Thomas and Dr. Campbell 
would do they seem to be apprised 
of these performances. It Is imma- 
terial who the special Committee 
are so that the matter be fully investi- 
gated. 

Mr. McCANN. Mr. President, I 
withdraw my motion to refer it to 
the Judicial Committee and move it 
be referred to a special Committee 
of three. 

Mr. HASCALL. Mr. President, I 
prefer not to be on that Committee 
for the reason that if the Committee 
should place the responsibility upon 
the prior Legislature it would place 
myself in a wrong attitude. I prefer 
that disinterested parties. 

The PRESIDENT (pro tem.) It 
may not be ordered. 

Mr. HASCALL. I understood the 
motion had been made and seconded 
and stated by the Chair, but if the 



gentleman withdraws it, I believe 
that leaves us without any motion. 

The PRESIDENT (pro tem). The 
motion was to refer it to the Judic- 
iary Committee, that was withdrawn, 
another motion was to refer it to a 
special Committee of three. 

Mr. MASON. Mr. President, I 
move to refer the resolution to the 
Committee on Education, School 
Funds and Lands, the Standing Com- 
mittee of which Mr. Estabrook is 
Chairman. 

The PRESIDENT (pro tem.) That 
would seem to be the proper refer- 
ence; the Chair will not undertake 
to decide. I believe that a motion to 
refer to a Standing Committee takes 
precedehce. 

Mr. MASON. The motion to refer 
to a Standing Committee takes pre- 
cedence of a special committee. 

The motion was agreed to. 

Mr. GRAY. Mr. President, I have 
a resolution to offer. 

The Secretary read the resolution 
as follows: 

RESOLVED; That the following 
be incorporated into the new Consti- 
tution as one of the Articles thereof 
and which shall be submitted in such 
manner as that it can be voted upon 
separately and independent of the 
other articles of the new Constitu- 
tion to wit: 

Ai'ticle. 

Sec— No County, City, Town. Town- 
ship. Precinct or other Municipality 
shall ever become subscribers to the 
capital stock of any railroad or pri- 
vate corporation, or make donation 
to, or loan Its credit in aid of such 
corporation, provided that the adop- 
tion or rejection of this article shall 
not affect in any way the question 
1 of the legality or illegality of the do- 



56 



TAXES— RAILROAD RATES 



STEVENSON— KILBURN- PARKER 



[Ju 



nations already made to railroad or 
private corporations. 

Mr. GRAY. Mr. President, I move 
it reference to the Committee on 
State, County and Municipal Indebt- 
edness. 

The motion was agreed to. 

Mr. STEVENSON. I have a resolu- 
tion to offer. 

The Secretary read the resolution 
as follows: 

RESOLVED; That on the sale of 
land for delinquent taxes there shall 
be allowed a redemption at any time 
within four years from the date of 
sale. 

That no greater sum than twenty 
per cent per annum as interest or pen- 
alty shall be charged on the sum for 
which lands shall be sold. 

Mr. STEVENSON. Mr. President, 
I move it be referred to the Com- 
mittee on Revenue and Finance. 

The motion was agreed to NEM. 
CON. 

Mr. KILBURN. Mr. President, I 
wish to offer a resolution. 

The Secretary read the resolution 
as follows. 

RESOLVED; That no county seat 
shall be removed until the point to 
which it is proposed to be removed , 
shall be fixed in pursuance of law 
and three fifths of the voters of the ' 
county, to be ascertained in such 
manner as shall be provided by the 
general law, shall have voted in favor 
of its removal to such point, and no 
person shall vote on such question 1 
who is not a legal voter for State j 
oflBcers and members of the Senate 1 
and House of Representatives. ! 

The question of the removal of a 
county seat shall not be oftener sub- 
mitted to a vote of the people than 
once in four years, and at no time 
except at the general election of the 
State officers and members of the 
Legislature. But when an attempt is 
made to remove a county seat to a 



point not less than ten miles nearer 
to the center of a county, then a 
majority vote only shall be necessary. 

Mr. KILBURN. I move it be re- 
ferred to the Committee on Counties. 

The motion was agreed to NEM. 
CON. 

Mr. PARKER. Mr. President, I 
have a resolution. 

Resolution read by the Secretary 
as follows: 

RESOLVED; That in all cases 
wherein the question submitted is 
for aid to private corporations and 
where said aid is to be obtained by 
the levy of a tax, no voter shall be 
allowed to vote for or against the 
proposition so submitted unless he be 
a taxpayer within the district where 
the tax is so to be levied, and that 
an Article or Section thereof be in- 
serted in the fundamental law of this 
State. 

Mr. PHILPOTT. I move that the 
resolution be referred to the Com- 
mittee on Miscellaneous Corpora- 
tions. 

The motion was agreed to. 

Mr. BALLARD. Mr. President, I 
have a resolution. 

Resolution read by Secretary as 
follows: 

RESOLVED: That there ought to 
be a provision in the Constitution 
reserving to the Legislature of the 
State the right and authority to regu- 
late the rate of tariff on freight and 
passengers over all Railroads which 
have received, or shall hereafter re- 
ceive State, County, Precinct, or Mu- 
nicipal aid in their construction, 

Mr. BALLARD. I move that the 
resolution be referred to the Com- 
mittee on Railroad Corporations. 

The motion was agreed to NEM. 
CON. 

Mr. STEVENSON, Mr, President, I 
have a resolution. 



BOA.RD OF IMMIGRATION 



57 



Tuesday] 



STEVENSON— NELIGH—SHAFF 



[June 20 



Resolution read by the Secretary 
as follows: 

WHEREAS: The Board of Immi- 
gration caused to be distributed cer- 
tain pamphlets purporting to be a 
description of the State of Nebraska, 
and issued by authority of said Board 
to the members of the Constitutional 
Convention of Nebraska, therefore be 
it 

RESOLVED; That the President 
of this Convention be authorized to 
request the members thereof not to 
distribute said pamphlets abroad be- 
cause of their not being a true rep- 
resentation of the State at large. 

Mr. ABBOTT. I move the adop- 
tion of the resolution. 

Mr. NELIGH. Mr. President, I am 
certainly in favor of the adoption of 
the resolution for several reasons. 
I feel a description of Nebraska ought 
to contain the truth relative to the 
State. I am in favor as much as 
any one, for the advancement of the 
interests of Nebraska, and I believe 
I have done my part so far to accom- 
plish that object. I have watched 
these boards of immigration from the 
■beginning. I am from the northern 
portion of the State, and I have never 
yet known a citizen influenced by the 
Board of Immigration. The Board 
made this pamphlet as describing sev- 
eral rivers, and names the streams 
south of the Platte, remarking that 
they are lined with an abundance of 
timber; enough for future generat- 
ions. It then describes the northern 
portion, and of its streams, and says 
the Platte, L'Eauqui Court, Loup 
Fork and several other streams are 
lined only with a limited amount of 
timber. It names all completed rail- 
roads south of the Platte, and leaves 
seventy-six miles of completed rail- 



road north of the Platte out. If 
the Board of Immigration is to do 
justice to the State and its own duty 
it will publish to the world all the 
railroads. It would take but little 
more paper to name the railroads 
completed. Then it names the pro- 
posed railroads, including all south 
of the Platte, but mentions not a 
single one north of that river. I have 
nothing to say against the publication 
of the interests of the South Platte, 
but I believe the entire State should 
be represented. I hope the resolu- 
tion will be adopted, and the Board of 
Immigration made to remember in 
all future publications, to publish the 
State entire. 

The PRESIDENT. The question 
is upon the adoption of the resolu- 
tion. 

The motion was agreed to NEM. 
CON. 

Mr. ABBOTT. Mr. President, I 
move that a copy of this resolution 
be furnished each member of the 
State Board of Immigration. 

The motion agreed to. 

Mr. SHAPF. Mr. President, I 
have a resolution to offer. 

The Secretary read the resolution 
as follows. 

RESOLVED: That there be incor- 
porated into the new Constitution a 
provision making it the duty of the 
Legislature of this State to cause 
publication of the laws passed at any 
session thereof, within one month 
after the adjournment of such session 
and allowing three months after the 
adjournment of such session before 
such laws shall take effect. 

I Mr. ABBOTT. I move its refer- 
ence to the Committee on Legislature. 
j Motion agreed to. 



58 



RAILROAD LANDS— SCHOOL FUNDS 



Tuesday] 



GRIGGS-VIFQUAIN-ESTABROOK 



iJune 20 



Mr. GRIGGS. Mr. President, I 
have a resolution I wish to introduce. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the General As- 
sembly shall apportion the State into 
Representative and Senatorial Dis- 
tricts every two years by dividing the 
whole number of registered voters 
in the State by the number of Sen- 
ators and Representatives in the Gen- 
eral Assembly as provided by this 
Constitution, such apportionment to 
be made upon the whole number of 
voters registered next prior to such 
apportionment. 

Mr. GRIGGS. Mr. President, I 
move that the resolution be referred 
to the Committee on Legislative Ap- 
portionment. 

Motion agreed to. 

Mr. STEVENSON. Mr. President. 
I have a resolution I desire to offer. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the Gover- 
nor shall have no power to grant re- 
prieves, commutations and pardons 
for the offense of treason, or in cases 
of impeachment after conviction, or 
when the crime of murder has been 
proven according to the law and fol- 
lowed by conviction and sentence, un- 
less upon petition signed by three 
fourths of the jurj' before whom the 
case was tried, the presiding Judge 
and the District Attorney. 

Mr. STEVENSON. Mr. President. 
I move the resolution be referred to 
Committee on Executive. 

Motion agreed to. 

Mr. VIFQUAIN. Mr. President, I 
have a resolution to offer. 

The Secretary read the resolution 
as follows: 

Any railroad corporation created 
or hereafter to be created, and which 
has or will secure land .grants from 
the Federal Government will be tax- 1 



ed upon the lands so received, and 
the assessor in the different precincts 
where such lands may be situated, 
will assess said lands at the price said 
lands are offered for sale by said 
railroad companies: and in case the 
appraised value of said lands is be- 
low the assessed appraised value of 
real estate in the different precincts 
where such lands may be situated, 
said railroad land will be assessed 
at the same price of other real estate. 
Mr. CURTIS. I move its reference 
to Committee on Revenue and Fi- 
nance. 

Motion agreed to 
Mr. PHILPOTT. Mr. President, I 
wish to offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That a Section be 
inserted, under an appropriate article 
of the State's Constitution, that the 
State of Nebraska shall never be 
made defendant in any court of law 
or equity. 

Mr. PHILPOTT. I move its re- 
ference to the Committee on Judic- 
iary. 

Motion agreed to. 
Mr. ESTABROOK. Mr. Pre=;ident. 
I wish to offer a resolution. 
, The Secretary read the resolution 
as follows: 

RESOLVED; That the Judiciary 
Committee be requested to examine 
that portion of the article in the Con- 
stitution of Nebraska entitled. "Edu- 
cation." which reads as follows: 
"The principal of all funds or other 
disposition of lands, or other proper- 
ty granted or entrusted to the State 
for educational and religious purpos- 
es shall forever be preserved invio- 
late and iiiKliniinishotl"; and report 
to this Convention whether it is the 
the duty of the State to restore to 
the school fund all losses caused by 
improvident or illegal loans or in- 
vestments or otherwise, so that such 



LOTTEKIES —MINORITY EEPRESENTATION 



59 



Tuesday 1 



McCANN—PHILPOTT— ROBINSON 



[June 20 



fund shall be preserved undiminish- 
ed. 

Mr. ESTABROOK. I move its 
adoption. 

Motion agreed to. 

Mr. McCANN. Mr. President, I 
wish to submit a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the Secretary 
of State be, and he is hereby request- 
ed to have printed lor the use of the 
members of this Convention the ac- 
companying list of authorities and ad- 
dresses for and against universal 
suffrage. 

Mr. McCANN. Mr. President, the 
documents in question consist of an 
address delivered by Mrs. Elizabeth 
Cady Stanton before the Judicial 
Committees of the Legislature of 
New York in 1SG7, and the majority 
report of Judge Bingham, and the 
minority report of Mr. Butler and Mr. 
Loughridge, of the Judiciary Commit- 
tee at Washington. There is but one 
copy of these reports to be had, and 
I would like to have the reports, or 
such portions as may be thought nec- 
essary, published for the benefit of 
the members. 

Mr. CAMPBELL. Mr. President, I 
think it is foolish to waste money 
printing matter on Woman Suffrage. 
There is only $15,000 appropriated 
for printing purposes, and I would 
like to know what It would cost to 
have it done before I would vote for 
the ordering of this printing. 

Mr. McCANN. I am not able ta 
say what the cost would be. I move 
IVIr. President, to refer it to the Com- 
mittee on Suffrage, they can merely 
collate such as they think would be 
beneficial to the Convention, and eith- 



er print all, or no part of it, as they 
see fit. 

The motion was agreed to. 

Mr. PHILPOTT. Mr. President, I 
wish to offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED; That a Section be 
inserted in an appropriate Article of 
the Constitution, that the General As- 
sembly shall have no power to auth- 
orize Lotteries or Gift enterprises for 
any purpose, and shall pass laws to 
prohibit the sale of lottery or gift 
enterprise tickets in this State. 

Mr. PHILPOTT. Mr. President, I 
move it be referred to the Committee 
on Miscellaneous Sub.icts. 

Referred NBM. CON. 

Mr. ROBINSON. Mr. President, I 
have a resolution to offer. 

The Secretary read the resolution 
as follows: 

WHEREAS; Experience shows 
that the existence of a strong and ac- 
tive minoTity, tends to keep the ad- 
ministration of Government free 
from corruption therefore 

RESOLVED; That the Committee 
numbered "Four" be instructed to 
prepare for the consideration of this 
Convention, a Section providing for 
minority representation, analogous to 
that In force in the State of Illinois. 

Mr. CURTIS. Mr. President, I 
move it be referred to the Committee 
on Electoral and Representative Re- 
form (No. 4.) 

So referred NEM. CON. 

Adjournment. 

Mr. HASCALL. Mr. President, In 
order to give members a chance 
to prepare more resolutions, I move 
that we take a recess until two 
o'clock. 



60 



POPULATION— ASSESSED VALUE 



Wednesday] 



SECRETARY OF STATE 



[June 31 



The PRESIDENT (pro tern). Will 
the gentleman withdraw his motion 
for the present. The President wish- 
es to announce some Committees. 

Mr. HASCALL. I will do so, cer- 
tainly. 

The PRESIDENT. (taking the 
Chair) The Committee on State 
Lands (No. 18) is composed of three 
gentlemen, while the rules require it 
should be composed of seven appoint- 
ed. I will therefore add to that Com- 
mittee Messrs. Thomas, Vifquain, 
Estabrook and Lyon. 

Mr. WAKELEY. It seems to me 
that the most important work for this 
Convention is Committee work, and 
therefore ipove that we now adjourn 
until to-morrow at 10 o'clock. 

The motion was agreed to. 

So the Convention (at Eleven 
o'clock and forty minutes) adjourn- 
ed. 



SEVENTH DAY. 
Wednesday, June 21, 1871 

The Convention met at ten o'clock 
a. m. and was called to order by the 
President. 

Prayer. 

Prayer was offered by Rev. F. M. 
Dimick of Omaha, as follows: 

Almighty God. our Heavenly Fath- 
er; Thou who rulest in the heavens 
and upon the earth and under whose 
direction all governments and nation- 
alities exist, and under whom we 
have our national existence, we lift 
up our hearts in thanksgiving for our 
preservation. We thank Thee for our 
nation's prosperity, and pray that 
Thy blessings may rest upon us at 
this time. We thank Thee that thou 
hast planted us here between the 
two great oceans and pray that Thou 



wilt make this nation and people 
an example of justice and right to 
all the earth. We pray thy blessing 
upon those assembled here at this 
time that they may lay such a found- 
ation for the future growth of this 
state as shall result in the good of 
all and Thy glory. We pray that 
Thou wilt preside over all these de- 
liberations and direct to such con- 
clusions as shall bring happiness in 
all our future days, we ask it for 
Christ's sake. Amen. 

The Secretary called the roll. 

Reading of the Jonmal. 

The Journal of the last days pro- 
ceedings was read and approved. 

The Secretary read a communica- 
tion from the Secretary of State as 
follows: 

Secretary's Department. 

Lincoln, Nebraska, June 19, 1871, 
To the Honorable President of the 
Constitutional Convention: 

Dear Sir — In answer to a resolu- 
tion of your Honorable body adopted 
this day, asking for information in 
regard to the Population and Assess- 
ed Value of all property of the sev- 
eral counties of this State, I have the 
honor to submit the following report: 

Adams No return 

Buffalo $ 472,386 

Burt 1,128,723 

Butler 972,765 

Cass 3,704,574 

Cedar 613.974 

Chevenne 920,394 

Colfax 739,419 

Cuming 1,211,980 

Dakota 653,384 

Dixon 303,863 

Dodge. 1,880,439 

Douglas 10,470,161 

Gage 1,337,621 

Hall 697,171 

Hamilton 607,234 

Jefferson 1,718,099 

Johnson 1,022,193 

Lancaster 3,184,036 

L'Eau qui Court 219,328 

Lincoln 1,064,894 



POPULATION— ASSESSED VALUE 



61 



Wednesday] 



ESTABROOK 



[June 21 



Madison 208,960 

Merrick 1,127,133 

Nemalia 3,045,785 

Otoe 5,000,538 

Pawnee 1,049,218 

Platte 1,587,240 

Pierce 234,890 

Polk 464,265 

Richardson 2,596,975 

Sarpy 1,596,210 

Saunders 1,289,689 

Saline 1,046,380 

Stanton , 637,926 

Seward 338,551 

Washington 1,855,706 

Wayne 328.861 

Webster 8.999 

York 185,694 

Aggregate $55,549,868 

Adams 3 5 

Buffalo 194 

Burt 2,846 

Butler 1,292 

Cass 8,116 

Cedar 1,033 

Cheyenne 365 

Colfax 1,426 

Clay 54 

Cuming 

Dawson 173 

Dakota 2,040 

Dixon 1,349 

Dodge 4,205 

Douglas 19,997 

Fillmore 238 

Gage 3,396 

Hall 1,940 

Hamilton 130 

Jefferson 2,441 

Johnson 3,426 

Kearney 93 

Lancaster 7,074 

L'Eau qui Court 234 

Lincoln 1,352 

Madison 1,136 

Merrick 557 

Nemaha 7,759 

Nuckolls 8 

Otoe 12,345 

Pawnee 4,180 

Platte 1,905 

Polk 136 

Richardson 9,739 

Saline 3,147 

Saunders 4,572 



Sarpy 2,919 

Seward 2,958 

Stanton 641 

Washington 4,459 

York 604 

Total in organized counties. 120.372 
In unorganized territory west of 

Madison 184 

Total (offlcial) except Cuming 

county 120,556 

Cuming county estimated 2,500 

Total population of state. . . . 123,056 

Report of Standing Committees 

Mr. ESTABROOK. Mr. President. 
I have a report from the Committee 
on Education, School Funds and 
Lands. 

The Secretary read the report as 
follows: 

The Committee on Education, 
School Funds and Lands, to whom 
was referred the resolution relative 
to the location of Agricultural lands, 
have had the same under consider- 
ation and have instructed me to re- 
port; 

That during the time since the ad- 
journment yesterday until the present 
hour the Governor's office has been 
closed and locked, so that the re- 
cords therein relating to this subject 
have not been accessible. But they 
have learned from sources entitled to 
belief that 90,000 acres of this land, 
the amount to which the State is en- 
titled, have been selected within the 
past year by commissioners duly ap- 
pointed by the Governor under and 
by virtue of an act of the Legislature 
giving him the authority, that such 
selections were all made in the Da- 
cotah Land District and were duly re- 
ported to the land office therein, and 
marked upon the plat. That the entry 
however, and the investiture of the 
title in the State were not deemed 
I complete until fees to the amount of 
$8.00 for each section were paid by 
j the State to the land offices, that the 
Legislature having adjourned with- 
\ out making an appropriation for 
these fees these lands were declared 



62 



AGEICULTURAL COLLEGE LANDS 



Wednesday] 



ABBOTT— HASCALL 



[June 31 



by such officers, restored to their 
former condition, and subject to 
private entry. That several individ- 
uals tempted by the consideration of 
the increased value of these lands 
while so with-held from market, have 
entered a large portion of them with- 
in a few weeks, and since the ad- 
journment of the last Legislature. 

Your Committee have examined 
the law applicable to this case and 
find the land officers are not entitled 
to fee for these entries and that so 
far as we are able to discover upon 
the brief and cursory e.xamination 
we have been able to give the sub- 
ject the State has done all re- 
quired of it to secure to itself the 
title to these lands. We take the 
liberty to quote the law of congress 
concerning fees applicable to this 
case, to wit: "That from and after 
the passage of this act, in the loca- 
tion of lands by States and corpora- 
tions under grants from Congress for 
railroads and other purposes, (except 
for Agricultural Colleges,) the reg- 
isters and receivers of the land offices 
of the several States and Territories 
in the districts where such lands may 
be located, for their services therein, 
shall be entitled to receive a fee of 
one dollar for each final location of 
one hundred and sixty acres, to be 
paid by the State or corporation mak- 
ing such location, the same to be 
accounted for in the same manner as 
fees and commissions on warrants 
and pre-emption locations, with lim- 
itations as to maximums of salary 
prescribed by existing laws, in ac- 
cordance with such instructions as 
shall be .given by the commissioners 
of the general land office." (This 
act was approved July 1st, 1SG4.) 

We would recommend the passage 
of tlie following resolution: 

RESOLVED. That the Secretary 
of tln' Interior be requested tocancell 
the private entries of all lands hereto- 
fore selected by the State of Nebraska 
as Agricultural College Lands, and to 
advise this Convention as to the con- 
dition of those lands and the farther 



steps necessary to be taken to secure 
the title thereto to the State of Ne- 
braska. 

RESOLVED. That the Register 
and receiver of the Dacotah land dis- 
trict be advised of the law relating to 
fees applicable to this case, and re- 
quested to allow the private entry 
of no more of the Agricultural lands 
of this State. 

RESOLVED. That the Secretary 
of this Convention be directed to 
send immediately a copy of this report 
to the Secretary of the Interior, and 
also the same to the Register and 
Receiver of the Land Office of the 
Dacotah Land District. 

E. ESTABROOK. 

Chairman. 

Mr. ABBOTT. Mr. President. 
Those entries have tieen made this 
month and. the report will not go to 
the land ofl5ce until the last of the 
present month or first of next month. 
Would it not be better that this go 
to the Commissioner General of the 
Land Office? 

Mr. HASCALL. I am well satisfied 
the Committee are mistaken on this 
point. There is information that 
these lands were entered prior to 
the adjournment of the session of 
the Legislature, because at the ad- 
journed session the attention of mem- 
bers was called to the fact that al- 
ready a large portion of the lands 
had been entered by certain persons, 
and particularly by a member of 
the prior Legislature. 

Mr. WOOLWORTH. I would en- 
quire of my colleague (Mr. Has- 
call) what member of the Legisla- 
ture he refers to? 

Mr. HASCALL. I would say that 
my information comes from private 
parties, but not having the proof that 
would justify making the charge dl- 



AGEICLTLTUKAL COLLEGE LANDS 



63 



Wednesday] 



HASCALL— WOOL WORTH- A BBOTT 



[June 21 



rect. My information on tliat sub- 
ject is as well entitled to credit as 
the information the Committee have. 
Both are hearsay, and consequently, 
unless insisted upon, I would withold 
the name. 

Mr. WOOLWORTH. There is 
no impropriety in mentioning the 
name. A general charge goes out 
that some, member of that body has 
done this thing. 

Mr. McCANN. Mr. President. I 
move to amend the report by sub- 
stituting the "Commissioner of the 
General Land Office," instead of 
"Secretary of the Interior". 

Mr. HASCALL. By leave of the 
Convention, I will make one remark 
further. The reason I did not 
choose to mention the name is the 
fact that the name can be known 
at the Dakota Land Office, as the 
names will probably be all published 
when they are received at that office, 
and I prefer it should come from 
there instead of myself. 

Mr. WOOLWORTH. The explana- 
tion is satisfactory. 

The PRESIDENT. The question 
is upon the amendment. 

Mr. McCANN. The Secretary of 
the Interior being the head of that 
department it will, of course, be 
speedily referred to the Commis- 
sioner of the General Land Office. 
I therefore withdraw my amend- 
ment. 

Mr. WOOLWORTH. I shall re- 
new the amendment of the gentle- 
man from Otoe (Mr. McCann,) for 
the reason that this communication 
should be addressed to the Secretary 
of the Interior. It will take some 
time for the Secretary to get a letter 



from one office to another, and why 
not send it to the office from which 
this action is required. 

Mr. McCANN. I think the ob- 
ject will be sooner attained by ad- 
opting the resolution as it stands. 
This communication, if received by 
the Commissioner will be referred to 
the Secretary of the Interior. I hope 
we will adopt the resolution. 

Mr. ABBOTT. I would state that 
if this communication goes to the 
Secretary of the Interior it will be 
on his desk until brought to his at- 
tention through the General Land 
Office. Send it to the land office and 
if the report is not satisfactory then 
it will go up to the Secretary of the 
Interior. 

Mr. GRIGGS. The gentleman 
from Hall (Mr. Abbott) is correct, as 
far as my experience goes. In our 
land office I know that letters ad- 
dressed to the Secretary of the In- 
terior lie for ten or fifteen days and 
I believe it should first go to the com- 
missioner of the Land Office that it 
may receive more immediate action. 

Mr. ESTABROOK. It is a matter 
entirely immaterial. I am aware 
there is considerable circular motion 
to be gone through to get over all 
these departments, and we would not 
have made the report until we had 
examined the records of the Execu- 
tive, for there, I presume, will be 
found the appointment of the com- 
missioners to locate these lands, and 
this report would not have been sub- 
mitted only we deemed it necessary 
to make the utmost expedition to 
get this matter before the proper au- 
thorities; and if it gets there quicker 
by going to the Commissioner of the 



64 



AGRICULTURAL COLLEGE LANDS 



Wednesday] 



SPRAGUE— ROBINSON— MYERS 



[June 21 



General Land Office, so much tlie 
better. It goes to the Secretary of 
the Interior as the head, and pertains 
to the land office bureau. I do not 
think it makes much odds either 
way; but, if required, I will consent 
to any amendment. 

Mr. ABBOTT. If the gentleman 
has had much experience in land of- 
fice matters he will find it does make 
a good deal of difference. The Sec- 
retary of the Interior will take no 
notice of the thing until the Commis- 
sioner of the General Land Office has 
made a report. I speak from actual 
knowledge. 

Mr. SPRAGUE. As this seems to 
be a matter of considerable impor- 
tance to the State, and entitled to 
belief, I think the Secretary should 
furnish a copy to both the Secretary 
of the Interior and the Commissioner 
and the object thus be obtained. 

Mr. WOOLWORTH. I have no ob- 
jection. It accomplishes the object I 
have in view. I withdraw my amend- 
ment. 

The PRESIDENT. My experience 
is that it takes from thirty to forty 
days for a communication to get from 
the Secretary of the Interior to the 
General Land Office. 

Mr. ROBINSON. The facts as 
stated by the gentleman from Doug- 
las (Mr. Hascall) are true. There 
were also entries made prior to the 
meeting of the last Legislature. 
There will have to be another com- 
munication sent, and I move the re- 
port be amended so as to strike out 
that portion of it, and let it read, 
"that entries were made subsequent 
to the selection of these lands." so 
that it will cover all possible cases. 



The law applies to entries made sub- 
sequent to the selection. 

Mr. ESTABROOK. I think the ob- 
ject will be accomplished if we send 
one to each department. It states 
that some entries were made subse- 
quent to the last Legislature. 

The PRESIDENT. Read that part 
of it, Mr. Secretary. 

The Secretary reads "that during 
the time since the adjournment — " 

Mr. HASCALL. Mr. President. 
I would suggest that the report it- 
self, is not subject to amendment. 
If the Committee who report these 
facts are willing to correct the facts, 
they will be corrected of course. 

The PRESIDENT. The Chair will 
entertain the resolution of any gen- 
tleman to correct, whether it is par- 
liamentary or not. The Secretary 
reads " that several individuals, 
tempted by the consideration of the 
increased value of these lands, while 
so with-held from the market, have 
entered a large portion of them with- 
in a few weeks, and since the ad- 
journment of the last legislature." 

Mr. MYERS. I hardly think it 
worth while to waste so much time in 
the consideration of the Report, I 
have full confidence in the ability 
of that Committee in presenting a 
true state of facts to this Convention, 
the facts presented ought to be taken 
because they are our agents the facts 
cannot be amended, they can be dis- 
sussed. This Convention has certain 
duties to perform, and it is not a 
part of our duty to hunt up or punish 
parties who may have been derilect 
in the performance of their duties 
the Governor of the State of Ne- 
braska is the custodial of the lands 



LEGISLATIVE DISTRICTS 



65 



Wednesday] 



WAKELEY— GRIGGS— SCOFIELD 



Of the State, and If these trespassers 
and plotters have seized upon the 
legacy of the General Government to 
us there are legal measures to be 
adopted to oust them at once from 
their possession of these lands. 

The PRESIDENT. Gentlemen, 
the question is upon the amendment 
of the gentleman from Saunders (Mr. 
Sprague) that a copy each be sent 
to the Commissioner of the Interior 
and the General Land Office. 

The amendment was agreed to. 

Mr. ESTABROOK. I would like 
to inquire whether the report was 
adopted or is it the amendment that 
is adopted. 

The PRESIDENT. The motion 
now is upon the adoption of the re- 
port as amended. 

Motion agreed to. 

Resolutions. 

Mr. WAKELEY. Mr. President. 
I present a resolution and ask that it 
be referred to the Committee on 
Electoral and Representative Re- 
form. 

The Secretary read the resolution 
as follows: 

Article. 

RESOLVED. That there be insert- 
ed in the Legislative Article, the fol- 
lowing provisions: 

Sec The state shall be divided in- 
to nineteen Senatorial Districts, 
which shall be composed respectively 
of contiguous territory and shall be 
as compact, and as nearly equal in 
population, as practicable. 

Sec. The Senate shall consist of 
Twenty-four Senators, five of whom 
shall be chosen from the State at 
large, and one from each Senatorial 
District. 

Sec. The House of Representatives 
shall consist of Sixty-six members. 



nine of whom shall be chosen from 
the State at large, and 3 from each 
Senatorial District. 

Sec. At any election of Senators 
from the State at large, or of Repre- 
sentatives, each qualified voter may 
cast as many votes for one candidate 
for either office, as there are persons 
to be elected to that office by the 
same constituency, or may distribute 
the same or equal parts thereof, at 
his option, among the candidates, not 
exceeding the number to be elected. 
The candidates highest in votes shall 
be declared elected, or, if an equal 
vote for two or more having the re- 
quisite number shall require it the 
choice between them shall be made 
by lot. 

Referred NEM. CON. 

Mr. GRIGGS. Mr. President, I of- 
fer a resolution and ask that it be re- 
ferred to the Committee on Legisla- 
tive. 

The Secretary read the resolution 
as follows: 

RESOLVED. That a clause be in- 
serted in the Constitution prohibiting 
any local or special Legislation. 

Referred NEM. CON. 

Mr. SCOFIELD. Mr. President, 
I offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED. That the Governor of 
the State be requested to furnish for 
the use of this Convention, a full 
statement of all the public lands, 
other than School Lands, which have 
been donated to the State of Nebras- 
ka by the United States, when such 
lands were selected, and for what 
purpose, and under what law, and 
the disposition of the same. 

Mr. CAMPBELL. Mr. President. 
I would like to add to that "and 
how much of the State land has been 
forfeited". 

Mr. WOOLWORTH. Mr. Presi- 



66 



SECTARIAN SCHOOLS— RAILROAD LANDS 



Wednesday] 



HASCALL— MASON— WILSON— VIFQUAIN 



[June 21 



dent. I would like to know how 
these lands have been forfeited, for 
It is suggested that some of them 
have been forfeited. I would like to 
have the amendment of the gentle- 
man from Otoe (Mr. Campbell) 
specify, so that we can understand 
"What we are voting for. 

Mr. HASCALL. I wish to say that 
the selection of our state lands is 
one thing and the confirmation an- 
other, now the fact is that lands have 
been selected, which could not be con- 
firmed to the state, for the reason 
that the land is within the railroad 
limits, where the land is worth 12.50 
per acre; now if lands selected, have 
not been confirmed it stands in the 
same position as before the selection 
was made, and the State has no right 
in them. 

Mr. CAMPBELL. Mr. President. 
I withdraw the amendment. 

Mr. THOMAS. I would like to 
have the resolution read. 

The PRESIDENT. As we have no 
Governor, I would like to have the 
wording of the resolution changed so 
that it would read "Acting Gover- 
nor." 

The change is made and the Sec- 
retary reads the resolution again. 

The PRESIDENT. Gentlemen, the 
question is upon the passage of the 
resolution. 

Mr. MASON. Mr. President, I of- 
fer this amendment: 

The Secretary read the amend- 
ment as follows: 

"And inform the Convention how 
much land, and the particular tracts 
which have been selected, the selec- 
tion of which has not been confirmed 
by the General Government. 



The amendment was agreed to. 

The PRESIDENT. The question 
now is upon the adoption of the res- 
olution as amended. 

The resolution was agreed to. 

Mr. WILSON. Mr. President. I 
wish to offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED. That neither the 
General Assembly nor any county, 
town, or township, school district, 
or other public corporation shall ever 
make any appropriation, or pay from 
any public fund whatever, anything 
in aid of any church or sectarian 
purpose or to help support or sustain 
any school. Academy, Seminary, Col- 
lege, University or other literary or 
scientific institution, controlled by 
any church or sectarian denomina- 
tion whatsoever, nor shall any grant, 
or donation of land, money, or other 
personal property, ever be made by 
the State, or any such public corpora- 
tion to any church or for and sec- 
tarian purpose. 

Mr. WILSON. I move the refer- 
ence of the resolution to the Com- 
mittee on Public Accounts and Ex- 
penditures. 

The resolution was so referred. 

Mr. VIFQUAIN. I offer a resolu- 
tion. 

The Secretary read the resolution 
as follows: 

RESOLVED. That any railroad 
corporation created, or hereafter to 
be created, and that has or will re- 
ceive, land grants from the federal 
government, will, after they have be- 
gun to dispose of their lands under 
their so called pre-emption laws, be 
taxed upon said pre-emption lands or 
credits, as upon other notes or cred- 
its under the revenue laws. 

Mr. VIFQUAIN. Mr. President I 
move its reference to the Committee 
on Revenue and Finance. 



RAILROADS— SPECIAL LAWS 



67 



Wednesday] 



GRENELL-STEWART-KILBURN 



[June 



The resolution was so referred. 

Mr. GRENELL. Mr. President. 
I asli leave to submit a resolution 
and ask that it be referred to Com- 
mittee No. 8 (Railroad Corpora- 
tions.) 

The Secretary read the resolution 
as follows: 

RESOLVED. That the rolling 
stock and all other movable prop- 
erty belonging to any railroad com- 
pany or corporation in this State 
shall be considered and held to be 
personal property, and shall be liable 
to execution and sale in the same 
manner as personal property of indi- 
viduals and the Legislature shall 
pass no laws exempting any such 
property from execution and sale, and 
every corporation organized, or doing 
business under the laws, or authority 
of this state, shall have a public place 
in this State for the transaction of 
its business and an agent or agents 
duly authorized to transact the busi- 
ness of the same at such place. 

The resolution was referred to the 
Committee on Railroad Corporations 

Mr. STEWART. Mr. President. 
I offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED. That the Secretary 
of this Convention request the Regis- 
ter of the Land Office at Dacotah, to 
transmit at once, the name of the par- 
ties who have made private entries of 
the lands selected for the Agricul- 
tural College. 

Mr. ESTABROOK. I would sug- 
gest that this resolution be made a 
part of the communication already 
adopted by the Convention. 

Mr. ABBOTT. I suggest the reso- 
lution be amended by adding the 
words "also the amount entered by 
each individual". 

Mr. STEWART. I accept the 
amendment. 



Mr. GRIGGS. I move the adop- 
tion of the resolution. 

The motion was agreed to. 

Mr. KILBURN. Mr. President. I 
offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED. That the Legislature 
shall not pass local or special laws 
in any of the following cases: for — 

1. Granting divorces. 

2. Laying out, opening, altering 
and working roads or highways. 

3. Vacating roads, townplats, 
streets, alleys and public grounds. 

4. Locating or changing county 
seats. 

5. Regulating county or township 
affairs. 

6. Regulating the practice in 
Courts of Justice. 

7. Regulating the jurisdiction and 
duties of justices of the peace, police 
magistrates, and constables. 

8. Providing for changes of venue 
in civil and criminal cases. 

9. Incorporating cities, towns, or 
villages, or changing or amending the 
charter of any town, city or village. 

10. Providing for the election of 
local officers in precincts, counties, 
towns or cities. 

11. Summoning and impaneling 
grand or petit juries. 

12. Providing for the management 
of common schools. 

13. Regulating the interest on 
money. 

14. The opening and conducting 
of any election, or designating the 
place of voting. 

15. The sale or mortgage of real 
estate belonging to minors or others 
under disability. 

16. The protection of game or fish. 

17. Chartering or licensing ferries 
or toll bridges. 



68 



SPECIAL LAWS— APPORTIONMENT 



M YKRS— TOWLE —ROBINSON 



18. Remitting fines, penalties or 
forfeitures. 

19. Restraining all, or any kind of 
live stock from running at large. 

20. Creating, increasing, or de- 
creasing fees, percentage, or allow- 
ances of public ofBcers during the 
term for which said ofHcers are elect- 
ed or appointed. 

21. Changing the law of descent. 

22. Granting to any corporation, 
association, or individual, the right to 
lay down railroad tracks, or amend- 
ing existing charters for such pur- 
poses. 

2 3. Granting to any corporation, 
association or individual any special 
or exclusive privilege, immunity, or 
franchise whatever. 

24. In all other cases where a 
general law can be made applicable 
no special law shall be enacted. 

2 5. The Legislature shall have no 
power to release or extinguish, in 
■whole or in part, the indebtedness, 
liability or obligation of any corpora- 
tion or individual to this State, or 
to any municipal corporation therein. 

Mr. KILBURN. I move the resolu- 
tion be referred to the Committee on 
Judiciary (No. 1). 

The motion was agreed to. 

Mr. MYERS. Mr. President, I of- 
fer the following resolution: 

The Secretary read the resolution 
of Mr. Myers as follows: 

RESOLVED. That the Committee 
on Legislative Department are re- 
quested to consider the following as 
an amendment to the Constitution. 

That within five years after the 
first meeting of the Legislature, and 
within every subsequent term of ten 
years, an enumeration of the taxable 
inhabitants shall be made, in such 
manner as shall be directed by law. 
The number of representatives shall 
at the several periods of making en- 
umeration, be fixed by the Legisla- 
ture, and apportioned among the sev- 
eral counties aceording to the number 



of taxable Inhabitants in each, and 
shall never be less than sixty nor 
greater than one hundred. Each or- 
ganized county shall have at least one 
representative; but no county here- 
after organized, shall be entitled to a 
separate Representative until a suffi- 
cient number of taxable inhabitants 
shall be contained within it, agree- 
ably to the ratio which shall be es- 
tablished. 

Mr. MYERS. I ask that that be 
referred to the Legislative Com- 
mittee. 

Mr. TOWLE. Mr. President. I 
would ask if that is subject to amend- 
ment, whether an amendment would 
be in order, if so, I move you that 
we strike out the word taxable wher- 
ever it occurs in the resolution. 

The PRESIDENT. The Chair 
would rule that the resolution is 
not amendable. 

Mr. ROBINSON. Mr. President. I 
would suggest that this resolution is 
but a request to a Committee, and 
it must be adopted here and not re- 
ferred. 

The PRESIDENT. I will state to 
the gentleman that this rule (No. 
3G) is very broad and says "All pro- 
positions presented to the Convention 
relating to the provisions on frame of 
the Constitution, shall, in the first 
instance, be referred to an appropri- 
ate Standing Committee without de- 
bate except as to the Committee to 
which the reference shall be made." 

Mr. GRENELL. Mr. President. I 
would understand this i-esolution to 
be a proposition "relating to the pro- 
visions on frame of the Constitution." 

The PRESIDENT. The Chair so 
understands, and rules that the reso- 
lution is not amendable. 

Mr. LAKE. Mr. President. I 



FEES— IMPEACHMENT— PROHIBITION 



69 



Wednesday] 



LAKE— SCOFIELD—PHILPOTT— ROBINSON 



move the adoption of the following 
resolution: 

The Secretary read the resolution 
as follows: 

RESOLVED. That the Auditor of 
State be. and he is hereby requested 
to furnish a statement to this Con- 
vention, showing the amount of Com- 
mencement fees reported to him un- 
der the act of the Legislature approv- 
ed June 22nd, 1SG7, and the names 
of the counties and courts whence the 
same was returned, and the amounts 
from each. 

The motion was agreed to. 

Mr. SCOFIELD. Mr. President. 
I have a resolution and move ' its 
adoption. 

The Secretary read the resolution 
as follows: 

RESOLVED. That the Clerk of 
the Supreme Court be requested to 
furnish, for the use of this Conven- 
tion a statement of the number of 
cases now pending in that court and 
also the number of cases that have 
been heard and determined in said 
court since the State organized, and 
the counties wherein such actions 
were originally commenced. 

The motion was agreed to. 

Mr. PHILPOTT. Mr. President. 
I have a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED. That the Constitu- 
tion be so amended as to read as 
follows: 

The House of Representatives shall 
have the sole power of impeachment, 
but a majority of all the members 
elected must concur therein. All im- 
peachments shall be tried by the Sen- 
ate, and when sitting for that purpose 
the Senators shall be upon oath or 
affirmation to do justice according to 
law and the evidence. When the 
Governor of this State is tried the 
Chief .Justice shall preside: no person 
shall be convicted without the con- 



currence of two thirds of the Senators 
elected, but judgment in such cases, 
shall not extend further than re- 
moval from office or disqualification 
to hold any office of honor, profit or 
trust under the government of the 
State, or both at the discretion of 
the Senate. The party, whether con- 
victed or acquitted, shall nevertheless 
be liable to prosecution, trial, judg- 
ment and punishment according to 
law. 

Mr. PHILPOTT. I move its re- 
ference to the Committee on Judici- 
ary. 

The motion was agreed to. 

Mr. PHILPOTT. Mr. President, I 
have a resolution, 

The Secretary read the resolution 
as follows: 

RESOLVED. That the Constitu- 
tion be so amended as to contain an 
article as follows: 

The sale, as a beverage, of spirit- 
uous, vinous and malt liquors, is for- 
ever prohibited in this State. The 
Legislature of the State is hereby em- 
powered to pass such laws as will se- 
cure, and effect the enforcement of 
this article. 

Mr. ROBINSON. Mr. President, 
I have a resolution to offer. 

The Secretary read the resolution 
as follows: 

RESOLVED. That the Judiciary 
Committee be and are hereby re- 
quested to inquire into and report up- 
on the propriety of establishing a 
Board or Tribunal for the determina- 
tion of the plea of insanity when the 
same is interposed in criminal cases, 
said Board to consist of the superin- 
tendent of the Insane Asylum and 
such other learned physicians as by 
law shall be added to such Board. 

Mr. ROBINSON. I move its refer- 
ence to the Judiciary Committee. 

The motion was agreed to. 

Mr. HINMAN. Mr. President, I 



70 



PUBLICATION LAWS— SUNDAY CODE 



Wednesday] 



HINMAN—PARCHEN— THOMAS 



[June 21 



have a resolution to offer and move 
its reference to the Legislative Com- 
mittee. 

The Secretary read the resolution 
as follows: 

RESOLVED. That the Legislature 
shall provide that no law shall take 
effect until the same is published 
throughout the State, either by pub- 
lication in one newspaper in each 
county where a newspaper is publish- 
ed, or until the laws are distributed 
in pamphlet form to each of the or- 
ganized counties of the State. 

The motion was agreed to. 

Mr. PARCHEN. I offer a resolu- 
tion and move its reference to the 
Committee on Municipal Corpora- 
tions. 

The Secretary read the resolution 
as follows: 

RESOLVED. That a section may 
be inserted in the Constitution as to 
empower the municipal authorities of 
every incorporated town to regulate 
their affairs in regard of keeping Sab- 
bath commonly called Sunday. 

The motion was agreed to NEM. 
CON. 

Mr. THOMAS. Mr. President, I 
desire to offer a resolution. 

Resolution read by the Secretary 
as follows: 

RESOLVED. That the Committee 
on Judiciary be instructed to inquire 
Into the expediency of incorporating 
in the Constitution a clause to the 
effect following, to wit: 

The Legislature at Its first session 
after the adoption of the Constitution 
shall provide for the appointment of 
these [three] Commissioners whose 
duty it shall be to inquire into, revise 
and simplify the rules of practice, 
pleadings, forms and proceedings and 
arrange a system adapted to the 
Courts of Record of this State and re- 
port the same to the Legislature sub- 



ject to their modification and adop- 
tion: and such Commission shall 
terminate upon the rendering of the 
report unless otherwise provided by 
law. 

Mr. THOMAS. Mr. President, I 
move its reference to the Judicial 
Committee. 

The motion was agreed to. 

A communication from the Secre- 
tary of State was presented and read 
by the Secretary as follows: 

Office of Sec'y. of State, 
Lincoln, Neb., June 21st, 1S71. 

The Honorable, the President of 
the Constitutional Convention, 

Sir: 

In answer to a resolution of your 
honorable body on the 2 0th inst. I 
have the honor to report that I am 
unable to find any contracts or 
awards of the State printing in the 
file of any office. I find however, 
that the persons named below have 
filed bonds to perform the labor and 
furnish the material mentioned in the 
printed list which is attached hereto 
and made a part of my reply. 

Weslev Montgomerv, . . Class No. 1 

Mills & Co.. Class No 2 

E. P. Rolf, Class No 3 

C. E. Redfield. Class No 4 

E. P. Rolf, Class No 5 

E. P. Rolf, Class No 6 

CL.\SSiriC.\TIOX NO. 1. 
Bills and Resolutions in Bill Fomi. 

ems composition, small pica 

type, per 1000. 

quires flat cap. 14 lbs to ream. 

quires of 2 4 impressions press 

work. 

ems composition, pica, yea and 

nay lists. 

quires flat cap. cut for yea and 

nay lists. 

quires of 2 4 impressions each, 

of press work. 



REPORT ON STATE PRINTING 



71 



Wednesday] 



SECRETARY OF STATE JAMES 



[June 21 



CLASS NO. 2. 

Senate and House Journals, Gover- 
nor's Messages, Officers" Reports in 
the Journals — Super Royal Octavo 
Foi-m. 

— ems long primer composition. 

quires paper 41 lbs to ream. 

quires presswork (24 impres- 
sions.) 

CLASS NO. 3. 
Reports, Communications and Pam- 
phlet Documents separate from 
Journals, — Octavo. 

ems long primer composition. 

quires of paper 40 lbs to ream. 

quires, 24 imp. press work. 

CLASS NO. 4. 

General and Local Laws, Joint Res- 
olutions, Memorials, in one super 
royal octavo volume. 

ems long primer composition. 

— ■ — quires super royal, 40 lbs paper. 
quires, 2 4 imp. press work. 

CLASS NO. 5. 
Letter Heads, Blanlts and Circulars. 

ems of composition, brevier 

measurement, for letter heads, 
circulars and all ruled blanks. 

quires Vz sheet letter 12 lbs to 

ream. 

quires full sheet letter 12 lbs to 

ream. 

quires press work on letter 

heads. 

flat letter, 10 lbs to ream, for 

blanks. 

press work on letter blanks. 

quires flat cap, 14x17, 141bs. 

quires flat cap, press work. 

quires folio post, 17x22, 161bs. 

quires of press work. 

quires note SxlO, 5 lbs. 



quires press work. 

• quires red and blue ruling in one 

direction. 

quires red and blue ruling in 

two directions. 

Note. — In all the above classes rule 
work, or figure work in columns with- 
out rules will be measured one and a 
half times for composition; and rule 
and figure work twice. 

CLASS NO. 6. 
Folding and stitching bills and reso- 
lutions, and folding and stitching 
of pamphlet documents, and covei's. 

sheets of flat cap one fold, per 

100 sheets. 

sheets of flat cap, stitched per 

100 sheets. 

paper covers for octavo pamph- 
lets, including composition, pa- 
per and press work:, per 100 
covers. 

covers put on such pamphlets, 

per 100 covers, 

sheets folded octavo (four 

times) per 100 sheets. 

CLASS NO. 7. 

Folding, stitching, covers and binding 
for Laws and Journals. 

sheets folded octavo, per 100 

sheets 
paper covers for Laws and Jour- 
nals, inclusive of papers compo- 
sition and press work, 100 cov- 
ers. 
copies binding of Laws and Jour- 
nals in paper covers including 
stitching, per 100 copies. 

copies, binding of Laws and 

Journals, in law sheep, including 
material, stitching and letter- 
ing. 
I am very respectfully your obe- 
dient servant. 

WM. JAMES, 
Secretary of State. 

Mr. LAKE. The Judicial Com- 
mittee have, a resolution from this 



72 



CRIMINALS— LEGISLATIVE SESSIONS 



Wednesday] 



WEAVER-GRENELL—KIRKPA TRICK 



(June 21 



body to act upon, and are waiting 
for information to be derived from 
this report, or communication. I 
move its reference to the Judicial 
Committee. 

The motion was agreed to NEM. 
CON. 

Mr. WEAVER. I have a resolu- 
tion to offer. 

The Secretary read the resolution 
as follows: 

RESOLVED. That the Judiciary 
Committee be requested to inquire 
into the expediency of permitting 
criminals to testify in their own be- 
half. 

Mr. WEAVER. Mr. President, I 
move its reference to the Judiciary 
Committee. 

The motion was agreed to. 

Mr. GRENELL. Mr. President, I 
have a resolution. 

Resolution read by the Secretary 
as follows: 

RESOLVED. That the Committee 
on the Legislative department be in- 
structed to inquire into the expedi- 
ency of so changing the present Con- 
stitution. 

1. That the Legislature shall meet 
annually for the transaction of busi- 
ness. 

2. The pay of the members of the 
Legislature shall be a salary for the 
term for which they are elected and 
milease. 

3. That the sum of dollars 

be allowed each member for station- 
ery, postage, newspapers and all 
other allowances. 

Mr. ABBOTT. I call for the re- 
reading of the resolution. 

The Secretary re-read the resolu- 
tion. 

Mr. GRENELL. I move that the 
resolution be referred to the Legisla- 
tive Committee. 

The motion was agreed to. 



Question of Privilege. 

Mr. KIRKPATRICK. I rise to a 
question of privilege. On Monday a 
resolution was adopted by this body 
requesting certain information from 
the Auditor relating to the indebt- 
edness of the State, bonded or other- 
wise; and also requesting him to 
furnish a tabular statement of the 
receipts and expenditures of the state, 
and other information. I would en- 
quire if you have received any re- 
sponse to that resolution. 

The PRESIDENT. The Secretary 
tells me he informed the Auditor, but 
no response has yet been received. 

Mr. GRENELL. I was in the Au- 
ditor's office this morning, and they 
were at work on the report. They 
informed me it would soon be ready. 

Motion to .\djouru. 

Mr. GRIGGS. I move this Conven- 
tion adjourn until to-morrow morn- 
ing. 

The PRESIDENT. Will the gen- 
tleman from Gage (Mr. Griggs) 
postpone his motion for a minute or 
two. I have a 

Mr. GRIGGS. I will. 

Bin for Clerk's Sei-vices. 

The PRESIDE.N'T. Gentlemen, 

here is a bill, approved by the Chair- 
man of a Committee for work done 
by a clerk, and brought to me for 
approval. I see by referring to sec- 
tion 7 of the act by which we are 
called "That the amount due each 
person shall be certified by the Presi- 
dent of the Convention to the Audi- 
tor of State, who shall issue warrants 
upon the Treasurer of the State, and 
the same shall be paid by the Treas- 
urer as other warrants are paid." 



STATE PRINTING 



73 



Wednesday] 



McCANN-PHILPOTT-MYEl-s 



IJune 21 



Mr. LAKE. What Committee is it 
from? 

Mr. McCANN. The Committee on 
Eules. The rules were lengthy; and 
a copy was first made in full, then 
altered and amended. A second copy 
was made for the use of the Presi- 
dent, and a third for the use of the 
printer. There was a good deal of 
writing to be done, and in a short 
space of time, and it was necessary it 
should be done in a legible and neat 
manner. The Committee employed a 
clerk or copyist to copy these rules, 
at the time the clerk was performing 
this duty it was mj' impression it 
would be the duty of the President 
of this Convention to certify to the 
work, and the warrant would be 
drawn by the Auditor. I believe no 
action of the Convention is required, 
but I will move that the Convention 
be required to audit the account. 

Motion agreed to NEM. CON. 
Resolutions Again. 

Mr. PHILPOTT. Mr. President. 
I have a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED. That the Judiciary 
Committee be allowed .and empower- 
ed to considei- on oath or affidavit 
of responsible parties of information 
imparted to if relative to the con- 
tracts now existing between the 
State and parties for State printing, 
which may now be reported to this 
Convention bv the Secretarv of 
State. 

The PRESIDENT. Gentlemen, the 
-question is upon the passage of the 
resolution. 

Mr. MYERS. I trust the resolu- 
tion will not be adopted. I doubt 
the propriety of sending for persons 



and especially' affidavits. I do not 
think the subject of that gravity 
and necessity tt.,i„. we should resort 
to legislative stratagems for the ac- 
complishment of the vobject of these 
parties, which is alreaiiy understood. 
We have already a cipmmunication 
from the Acting Governor. To un- 
dermine any of that o.<ficial state- 
ment, to go behind it by atCvdavit, is 
certainly an unusual practices. I 
think this thing has been hunted av> 
far enough, with the information we 
have from the proper department 
to enable this Convention to view the 
matter understandingly, without, go- 
ing to the cost of procuring persons 
or affidavits. This is a Convention, 
not a Legislature, and why go to 
these extraordinary outside means to 
accomplish a purpose so well under- 
stood. 

Mr. PHILPOTT. I think the gen- 
tleman from Douglas (Mr. Myers) 
misunderstands the object of the res- 
olution. I am of the opinion this 
has not gone far enough yet. The 
object of the resolution introduced a 
few days ago was for the purest mo- 
tive. The object of this resolution 
is based upon the report of the Sec- 
retary of State. I am informed, on 
reliable authority, by a gentleman 
whose word may be believed that cer- 
tain contracts have been made, and 
that they cannot now be found. I 
do not make any charges, it may be 
they are mislayed; but because the 
Secretary of State cannet find them 
does not follow that the contracts do 
not exist. The resolution is that the 
Judiciary Committee may be allowed 
to consider such information as to 
the contracts made as can be found; 



74 



STATE PRINTING 



Wedixpsday 



TOWLE— MANDERSON 



[June 21 



and there are competent persons will- 
ing to testify that certain contracts 
have been made, ' ^'-a of which can- 
not be found. I do think the Judici- 
ary Committee should be allowed to 
take that into (Consideration, in order 
to enable thena to arrive at the facts 
of the case. I want that Committee 
should repor'c intelligibly. In order 
to do sa they ought to have all the 
reliaby'ie information which it is pos- 
si.bile to have; and the gentleman 
ought not to oppose any scheme 
which will accomplish this object. 

Mr. KIRKPATRICK. I desire to 
offer an amendment to the resolution, 
to strike out the word "affidavit." 

Mr. PHILPOTT. I will accept It 
if the gentleman will substitute the 
word " affirmation." 

Mr. TOWLE. Mr. President, while 
it may be possible, and more than 
possible, it may be extremely prob- 
able, that there have been many 
causes, and there exists much reason 
why an investigation should be in- 
stituted in relation to certain depart- 
ments of this State, still, in my view 
of this matter, we are elected for a 
certain specific purpose; and we are 
not elected for the purpose of form- 
ing and resolving ourselves into an 
indefinite series of investigating Com- 
mittees. If we commence this ball, if 
we first introduce the wedge, where 
will we stop, and to what extent will 
we find ourselves traveling? There 
will be an investigation as to the in- 
dividuals who recently escaped from 
the penitentiary; as to the lands 
sold; and the contracts for the build- 
ing in which we now stand. The in- 
vestigation will be lengthy, queries 
and resolutions will be innumerable, 
and the appropriation and time for 



us will be thrown away. Those indi- 
viduals who have given these bonds, 
j simply made their bids to do the 
work at certain specified rates, and 
those bids are all filed, and a portion 
of the records and thereupon, when 
those bids were accepted, the parties 
were required and did enter into a 
bond with the State to do their work 
I as provided in the bids. It appears 
[ to me there can be no corruption in 
that case. There is no necessity of 
investigation here, and there is no 
propriety either. The only question 
for us is, shall we obtain the print- 
ing necessary for this Convention. 
We have so far obtained it, and it has 
been provided in the shortest time. 

Mr. MANDERSOX. Mr. President, 
I shall oppose the adoption of the 
resolution of the gentleman from 
Lancaster (Mr. Philpott) even if the 
resolution asking for this informa- 
tion came from the Judiciary 
Committee. The former resolution 
was that the Secretary of State, 
and the Auditor of State each 
be requested to make a report as to 
the contracts for public printing al- 
ready made. We have received a 
report from the Secretary of State 
only, and we have yet to receive, I 
take it, a report from the Auditor. 
It may be that official has the infor- 
mation which we desire, it may be 
that in his office is the information 
we wish. But I oppose it further, 
Mr. President. I think it is establish- 
ing a bad precedent, we cannot do as 
the resolution proposes, without turn- 
ing our committee rooms into courts 
of investigation. I think it is entirely 
unnecessary that we should take any 
such action in this case. 

Mr. MASOX. The question is 



TAXATION— STATE PRINTER 



75 



Wednesday 



MASON— ROBINSON- BOYD 



whether there be now in existence a 
contract for the performance of this 
printing. If there be such contract, 
then the State is bound by it. It 
seems there has been a statement 
furnished us from the Secretary's of- 
fice. He reports that Mr. A has the 
printing for No. 5. Mr. B for No. 3. 
Mr. C. for No. one, etc. Now Mr. 
President, it may be that No. 5 covers 
the incidental printing, and that No. 
3 covers the printing of the Journal. 
It may be necessary for the Com- 
mittee to inquire what these respec- 
tive numbers mean. I suppose this 
could be determined by the oath of 
the parties to whom contracts were 
let. I do not deem it of any great 
consequence, further than to deter- 
mine the question as to whether 
there now exists a contract between 
this State and some person to do this 
printing. If there be such contracts, 
then that person is entitled to the 
work. If this Convention refuse to 
award the work to him, he would 
have the right to collect damages. 
I don't know that it is necessary for 
this Committee to swear a witness. 

Mr. KIRKPATRICK. I wish to 
know if my amendment was accept- 
ed. 

The PRESIDENT. It was. 

The question being upon the re- 
solution of Mr. Philpott, the Conven- 
tion divided, and the motion was not 
agreed to. 

Mr. MASON. Mr. President, I 

wish to offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED. That the Committee 
on Municipal Corporations be in- 
structed to inquire into and report 
as to the expediency of putting the 



following into the Constitution, to 

wit: 

1. All Cities, Villages and other 
Municipal Corporations, shall be in- 
corporated by general law, and shall 
have no other powers than such as 
are provided by law. 

2. The valuation of all property, 
whether real, personal, or mixed, for 
taxation or assessment shall not ex- 
ceed that made by the State for pur- 
poses of taxation. 

3. The percentage for taxation and 
assessment shall be limited, and 
neither shall be levied only upon pro- 
perty benefited, and for special assess- 
ment only in proportion, and to the 
amount of the benefit derived by the 
improvement for which the assess- 
ment was made. 

Referred to the Committee on Mu- 
nicipal Corporations NEM. CON. 

Mr. ROBINSON. Mr. President, I 
have a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED. That Committee No. 
2 7 be instructed to report the expedi- 
ency of incorporating into the Con- 
stitution, a section providing for the 
election of a State Printer, and defin- 
ing his powers. 

Mr. ROBINSON. Mr. President, I 
move its reference to Committee No. 
2 7 (Committee on Printing and Bind- 
ing.) 

Motion agreed to. 

Mr. BOYD. I wish to offer a reso- 
lution, Mr. President. 

The Secretary reads the resolution 
as follows: 

RESOLVED. That Committee No. 
9, on Miscellaneous Corporations, be 
instructed to inquire into the ex- 
pediency of inserting in the proposed 
Constitution a clause "that the gener- 
al assembly shall provide by law, 
that in all elections for directors or 
managers of incorporated companies. 



76 



CORPORATION ELECTIONS— SUNDAY 



PARCHEN-GRIGGS -STATE AUDITOR 



[June 21 



every stock holder shall have the 
right to vote in person or by proxy, 
for the number of shares of stock 
owned by him, for as many persons 
as there are directors or managers 
to be elected, or to cumulate said 
shares and give one candidate as 
many votes as the number of direct- 
ors, multiplied by the number of his 
shares of stock, shall equal; or to 
distribute them, upon the same prin- 
ciple, among as many candidates as 
he shall think fit and such directors, 
or managers, shall not be elected in 
any other manner. 

Referred to Committee No. 9, 
(Miscellaneous Corporations) NEM. 
CON. 

Mr. PARCHEN. Mr. President, I 
have a resolution to offer. 

The Secretary read the resolution 
as follows: 

RESOLVED. That a section may 
be Inserted in the Constitution as to 
empower the Municipal Authorities of 
any incorporated town to regulate 
their affairs In regard to keeping Sab- 
bath, commonly called Sunday. 

Mr. PARCHEN. I move the reso- 
lution be referred to Committee No. 
2 3 (Penitentiaries and Reformatory 
Institutions). 

The resolution was so referred 
NEM. CON. 

AdjouMuiieiit. 

Mr. GRIGGS. Mr. President. I 
move we adjourn until to-morrow 
morning, at ten o'clock. 

The PRESIDENT. The motion to 
adjourn is in order, but here are 
two communications from the Audi- 
tor, which I would like to have the 
Secretary read. 

Mr. GRIGGS. I withold the mo- 
tion for the present. 

The Secretary read the communi- 



cation from the Auditor, as follows: 
Auditor's Office. 
Lincoln. June 21, 1871. 
Hon. S. A. Strickland. President Con- 
stitutional Convention: 

Sir: — In response to resolution of 
Constitutional Convention of 20th 
inst. with request for statements of 
School Lands sold, etc., I have the 
honor to report the following to the 
several questions asked: 

First, whole amount of school 
lands sold, 86,840. 

Second, Average price per acre, 
$9.09. 

Third, No. of acres sold in each 
county as follows: 
1867-68 Acres Av. price 

Saunders 640 ? 8.63 

Lancaster 1,345 28.82 

Otoe 5,667 10.33 

Nemaha 3,723 7.60 

Pawnee 1,030 9.00 

Dodge 2,551 9.60 

Cedar 325 7.50 

Dakota 270 7.00 

Saline 89 9.40 

Washington 3,470 10.00 

Sarpv 866 7.40 

Douglas 1,938 9.87 

Total sales in 1867 and 1808. 21,- 
944 acres, average price $10.53. 

1SG9-70 Acres Av. price 

Saline 949 $ S.3S 

Cass 11,L71 8.96 

Gage 1,791 7.70 

Colfax 650 9.73 

Sarpv 440 7.00 

Washington 2,430 7.66 

Richardson 5,580 8.25 

Dixon 370 7.00 

Douglas 3,920 12.15 

Lancaster 12.170 7.80 

Dodge 4,060 7.34 

Seward 3,440 7.07 

Nemaha 3,898 7.88 

Butler 10 25.00 

Stanton 450 7.82 

Johnson 2,054 7.20 

Hall G40 16.30 

Pawnee 1,980 7.04 

Otoe 8,493 S.47 



STATE LANDS— COST OF CAPITOL 



77 



VVeflnesday] 



STATE AUDITOR GILLESPIE 



[June 21 



Total acres sold 1869 and 1870, 
64,905; general average $8.48. 

Fourth question. The amount of 
school lands taken under the home- 
stead and pre-emption laws — the 
amount selected in lieu thereof — 
will answer by quotation from the 
second annual report of the commis- 
sioner of public schools, session of 
1S60-'61, by Hon. W. E. Harvey: 

"In accordance with the act to pro- 
vide for the selection of lands in lieu 
of sections 16 and 36, in cases where 
part of sections thereof, have been 
sold, approved January 13, 1860, I 
have selected in the Dakota land dist- 
rict. 
In lieu of lands 

entered 3,659.60 acres 

To supply sectional 

township 849.40 acres 

Total acres 

selected 4,509.00 

South Platte Land District. 
In lieu of land 

entries 3,084.60 acres 

For sectional 

township 800.00 acres 

Total acres 

selected 3,884.60 

.. ..Nemaha Land District 

In lieu of lands 

entered 960 acres 

For sectional 

township 480 acres 

Total acres 

selected 1,440 

Grand total of acres 

selected 9,833.60 

The confirmation of the foregoing 
selections have never been reported 
by the department at Washington, 
and consequently the title has never 
passed to the State. 

Question sixth, relative to the ac- 
tual amount of common school lands 
of the State, I will state that it 
cannot be definitely ascertained, as 
the survey of the State has not been 
completed, and the area of the State 
not known in this department. 



Seventh question, "How much has 
been raised annually by direct tax- 
ation for common schools, etc?" 
There has been levied annually two 
(2) mills upon the assessed valua- 
tion of the taxable property of the 
State for common schools. 

Eighth question, the amount ac- 
cruing to the school fund from school 
land sold and leased. 
Interest to Jan. 1, 1S69, $ 6,659 37 
Interest to Jan. 1, 1871. 100.174 24 
Amount rec. from ....$106,835.61 

lease of school lands, 5.197.68 

Total $112,032.29 

Respectfully submitted, 
JOHiN GILLESPIE. 

State Auditor. 

I move that 200 copies of the re- 
port from the Auditor be printed for 
the use of the members. 

Motion agreed to. 

The Secretary then read the 
following second communication 
from the Auditor. 

Auditor's Office, 
Lincoln, Xeb., June 21, 1871 
Hon. S. A. Strickland, President of 

Constitutional Convention. 

Sir: — In response to a resolution 
of 20th inst, from your honorable 
body, asking for "a statement show- 
ing the various amounts that have 
been appropriated or expended upon 
the Capitol Building and Grounds" 
I have the honor to report as follows: 
Cost of Capitol Bld'g. . . .$97,873.68 
Cost fencing Capitol gd's 2,535.00 
Cost grading Capitol gd's 3.256.27 
Cost trees Capitol gd's. . . 2,082.10 



Total $105,767.05 

Respectfully submitted, 
JOHN GILLESPIE, 

State Auditor. 

Mr. ABBOTT. Mr. President. I 
move the report be referred to the 
Committee on Public Buildings. 

Motion agreed to. 



COURT FEES 



CHAPLAIN FIFIELE)— AUDITOR GILLESPIE 



[June 22 



Mr. ABBOTT. Mr. President. I 
now move that we adjourn until to- 
morrow morning at ten o'clock. 

Motion agreed to. 

So the Convention (at twelve 
o'clock and five minutes) adjourned. 



EIGHTH DAY. 
Thursday, June 22, 1871 
The Convention met at ten o'clock 
a. m. and was called to order by the 
President. 

Prayer. 
Prayer was offered by Rev. L. B. 



Fifield of Lincoln as follows: 

Our Father, thanks be unto Thee 
for thy mercies and glory forever. 
Oh, Thou who art the eternal wisdom 
show us into Thy own truth, teach 
us that we may control our hearts; 
deliver us from evil; bless the steps 
of our path we pray, and lead us out 
from the wilderness into Thy light. 
Amen. 

Reading of the Journal. 

The Secretary read the Journal of 
the last days proceedings. 

The Secretary read the following 
communication from Hon. John Gil- 
lespie, State Auditor. 



JCXIM 



fi i i /». , 



^.jXb i 



78 



COURT FEES 



Thursday] 



CHAPLAIN FIFIELD— AUDITOR GILLESPIE 



Mr. ABBOTT. Mr. President. I 
now move that we adjourn until to- 
morrow morning at ten o'clocli. 

Motion agreed to. 

So the Convention (at twelve 
o'clock and five minutes) adjourned. 



EIGHTH DAY. 
Thursday, June 22, 1871 
The Convention met at ten o'clock 
a. m. and was called to order by the 
President. 

Prayer. 
Prayer was offered by Rev. L. B. 



Fifield of Lincoln as follows: 

Our Father, thanks be unto Thee 
for thy mercies and glory forever. 
Oh. Thou who art the eternal wisdom 
show us into Thy own truth, teach 
us that we may control our hearts; 
deliver us from evil; bless the steps 
of our path we pray, and lead us out 
from the wilderness into Thy light. 
Amen. 

Reading of the Journal. 

The Secretary read the Journal of 
the last days proceedings. 

The Secretary read the following 
communication from Hon. John Gil- 
lespie, State Auditor. 



TABULAR STATEMENT EXHIBITING T; 

Taxes Levied and Collected, Number of Mills on the Dollar Valuation, Appropriations and~ 





1 




VALUATION 














AM<>UNT OF TAXP:S I 


.r:\iKi > 










.«e, 


.,.» 


1860 


..,„ 


"- 


GENERAL 


SINKING 


SCHOOL 


GENERAL 


SINKING 


SCHOOL 


GENERAL 


SINKING 


SCbOOL 


UNIVERSITY 


GEUEKiL 


SINKIKG 




1867 


186, 


1867 


1868 


1868 


1868 


1869 


18«» 


1866 


.80» 


1870 


1816 


•\d 


I 




850 90 
908,639 03 
838,788 DO 
863,996 00 
2,136,836 00 
183,646 00 


89,876 00 

792,129 40 

1,103,949 00 

1,640,526 00 

3,099,858 00 

328,906 00 
















1 70 
1,817 27 
1,677 .57 
1,727 99 
4,273 67 
367 29 


85 
908 63 
838 78 
863 99 
2,136 83 
183 64 


85 
1,362 94 
1,268 18 
1,295 98 
3,205 26 
276 46 


86 
908 63 
838 78 
863 99 
2,163 83 
183 64 


224 69 
1,980 32 
2,759 87 
3,861 31 
7,749 64 

822 26 






23,520 
385,110 


635,341 
816,548 
112,777 
1,896,432 
117,097 


472,386 

1,128,723 

972,765 

3,704,674 

613,974 

920,394 

739,419 

1,211,980 

653,384 

303,863 

1,880,439 

10,470,161 

1,337,621 

697,171 

607,234 

1,718,099 

1,022,193 

3,184,036 

219,328 

1,064,894 

208,960 

1,127,133 

3,045,785 

5,000,638 

1,047,218 

1,687,240 

234,890 

461,2ii6 

2,596,975 

1,596,210 

1,279,689 

1,046,380 

637,926 

338,551 

1,866,708 

328,801 

8,999 

185,694 


45 04 
962 77 


22 52 
677 66 


33 78 
770 22 


1,270 68 
1,631 09 

226 65 
3,792 86 

234 09 


635 34 
815 64 

112 77 
1,896 43 

113 09 


963 01 
1,223 32 

169 12 
2,844 43 

175 64 


396 




561 9 








1,729,052 
83,020 


4,322 63 
209 05 


3,458 10 
125 43 


3,468 10 
167 24 






164 4 












613,015 00 
487,909 00 
393,445 00 
168,209 00 
1,729,663 00 
9,811,488 00 
861,208 00 
902,498 60 

177.308 50 
134,913 00 
738,976 00 

973.309 00 
62,916 00 

4,084,941 00 
48,818 00 
670,714 00 
2,637,904 OO 
4,261,084 33 
846,632 00 
9!4,575 00 


723,409 15 

1,020,352 00 

810,730 00 

266,720 66 

2,910,953 00 

13,541,707 00 

1,227,266 83 

857,405 67 

633,164 13 

723,193 00 

967,419 00 

1,529,099 35 

78,572 60 

2,061,569 20- 

143,236 60 
1,037,841 48 
2,778,208 00 
4,834,389 78 
1,161,258 00 
1,159,478 96 
21,960 00 








" 






1,227 23 

975 81 

983 61 

420 52 

3,459 32 

14,717 23 

1,722 41 

1,804 99 

364 61 

269 82 

1,447 95 

1,946 61 

125 83 

8,169 88 

97 83 

1,141 42 

5.276 80 

^i,391 62 

1,836 26 

1,829 15 


613 61 

487 90 

393 44 

168 20 

1,297 24 

7,368 61 

861 20 

902 49 

177 .30 

134 91 

738 97 

873 30 

62 91 

4,084 94 

48 81 

570 71 

2,637 90 

3,196 81 

817 83 

914 67 


920 41 

731 86 

786 89 

236 41 

1,729 66 

9,811 48 

8»1 20 

902 49 

177 30 

202 36 

1,108 45 

973 30 

62 91 

4,084 04 

73 22 

570 71 

3,956 86 

3,196 81 

1,226 44 

914 67 


613 81 

487 90 

393 44 

188 20 

1,729 88 

9,811 48 

861 20 

SOi 49 

177 30 

134 91 

738 97 

973 30 

62 91 

4,084 94 

48 81 

570 Jl 

2,837 90 

4,261 08 

817 63 

914 67 


1,808 52 

2,660 88 

1,526 82 

660 80 

6.821 90 
27,083 41 

2,454 63 
2,143 51 
1,332 91 
1,807 98 
2,393 54 

3.822 74 
196 43 

5,153 92 
358 09 
2,694 60 
6,945 52 
9,668 77 
2,903 14 
2,898 89 
64 90 




Cumine 


83,858 
330,682 
71,251 
1,292,30B 
5,911,269 
149,119 
144,793 


472,028 
380 917 
123,655 
1,424,307 
8,066,779 
662,806 
645 971 


209 64 
661 36 
178 12 
1,938 46 
14,778 14 
372 79 
361 97 


125 78 
496 02 
142 60 
1,292 30 
8,886 88 
298 24 
289 68 


187 71 
661 36 
142 60 
1,938 46 
11,822 61 
298 21 
289 58 


944 05 
952 29 
309 13 
2,138 46 
12,100 16 
1,325 61 
1,291 94 


472 02 
571 37 
185 48 
1,068 23 
6,050 08 
662 80 
846 97 


708 04 
761 37 
247 31 
1,424 30 
8,066 79 
994 20 
968 95 


610 1 




305 3 








1,435 4 




6,770 8 




613 6 


hX:;;;;:;;;;:;;;;::: 


423-7 




266 5 


Jefferson 

Johnson 

Lancaster 


62,965 
235,421 
202,647 


66,429 

664,393 

466,425 

33,024 

4,130,714 

27,910 

766, a74 

1,881,343 

3,191,200 

799,802 

1,141,863 


125 93 
470 88 
508 61 


94 44 
363 18 
406 30 


126 93 
470 88 
405 30 


166 07 
1,412 98 
1,166 06 

82 56 
10,326 78 

56 82 
1,917 43 
4.703 37 
7,978 00 
1,599 72 
2,283 67 


99 83 

846 58 

699 63 

49 53 

6,196 07 

27 91 

1,150 46 

1,881 31 

3,191 20 

799 86 

1,141 83 


632 85 
1,128 78 

932 85 
86 04 
8,261 42 
41 88 
1,533 94 
2,822 02 
4,788 80 
1,199 79 
1,713 76 


361 5 
478 7 
764 6 
39 2 


I incoln 










1,030 7 




15,733 

474,965 

1,691,890 

2,692,237 

430,744 

414,345 


31 46 
711 72 
4,229 72 
6,730 59 
1,076 93 
1,035 86 


23 69 
747 48 

3.383 78 

6.384 47 
646 18 
428 89 


31 46 
747 48 

3.383 78 

5.384 47 
861 54 
428 69 


71 6 




6l8 9 


Nemaha 


1,389 1 
'2,417 1 




680 6 




579 7 




































1,444 880 

1,117 663 

111,355 


1,577,007 
1,104,604 
180,411 
105,404 
138,834 
124,906 
968,327 


2,195,125 00 
1,445,095 00 
603,913 00 
231,814 00 
252,073 00 
197,006 00 
1,833,568 00 


2,652,368 00 
1,443,309 00 
958,640 38 
487,845 00 
447,723 00 
262,960 73 
2,059,837 00 
219,984 00 


3,812 20 

2,794 15 

278 34 


2,889 78 

1,676 49 

167 03 


2,889 76 

2,236 32 

222 71 


3,942 51 
2,209 20 
451 02 
210 80 
277 68 
312 26 
1,938 66. 


i,667 00 
1,104 60 
270 81 
106 40 
138 83 
187 35 
968 32 


2,365 51 
1,666 90 
360 82 
158 10 
208 26 
249 81 
1,452 49 


. 4,390 26 

2,890 19 

1,207 82 

463 62 

604 \\ 

394 01 

3,687 13 


2,195 12 
1,446 09 
803 91 
231 81 
252 07 
197 00 
1,575 15 


3,292 68 
1,445 09 
,60.-l 91 
347 72 
252 07 
197 00 
1,833 56 


?,196 12 
1,445 09 
603 91 
231 8i 
2.i2 07 
197 00 
833 56 


6,380 92 

■ 3,608 27 

1,917 28 

' 1,219 82 

1,119 30 

657 40 

6,149 69 

549 98 


1,276 1 




721 6 




439 3 




243 a 




14,563 
61,967 
879,347 


36 40 

164 91 

2,198 38 


21 84 

92 96 

1,319 02 


29 i2 
123 93 

1,758 69 


223 t 




131 i 




(1,029 t 




109 I 



































14,930 


9,266 


12,124 00 


143,985 22 


29 80 


22 39 


29 86 


-23 14 


13 88 


18 61 


24 21 


12 12 


12 12 


12 12 


369 98 


71 t 






•LatzltObgasizku 


20,115,262 1 


(32,032,650 


$42,094,696 66 [ 


t53,709,829 35 


$65,512,658 








~ 






$77,433 59 


$37,675 28 


$47,610 07 


$42,094 41 


$122,537 89 


$26,854 7 



i^PPROPRIA-TIOlSrS A.ND EXP 



Total Amount Appropriate 



i 1867 and 1888 $113,289.93 

1869 and 1870 , 214,956. 56 

1871 and 1872 368,076.26 



Expenditures Authorized by Statute— Estimated 

state Oonvicta, Fees, etc % 4,000.00 

WoU and Wild Cat Bounties 3,000.00 

Gopher Bounties 2,000.00 

Insane Expenses, Fees, Etc 10,000.00 



3ITING THE ASSESSED VALUATION, 



ppro 


Driations and" 


Expenc 


itures 1 


or the 


Severa 


Years 


of 1867. 1868, 1869. 1870. 1871 
































UKN£RA.i. 


AMOUNT <jF taxes 


COLLECTED 




AMOUNT LEVIED 


, IN MILLS 


ON THE DOLLAR VALUATION OF ASSESSMENT 


VKKS.r. 


GB>EHA1. 


MNKINU 


SCIIOUI, 


USIVERSITV 


SINKIKO 


SCHOOL 


QEKnKAL 


SINKING 


SCHOOL 


UNIVERSITY 


GEN. 


SINK. 


SCH'L 


GEN. 


SINK. 


SCHL 


GEN. 


SINK.'SCHL 


UN'Y 


GEN. 


SINK 


SOH'LJUN'Y 


,m» 


1870 


1870 


1870 


1870 


Sov. 30, J86II 


Nov 30, 1818 


N„..»,I86» 


Nov. 30. 1870 


Nov. 30, 1870 


NOV. so. 1870 


Nov. 30, 1870 


1867 


1807 


1867 


1868 


1868 


1868 


1808 


.869 


I860 


1869 


1870 


1870 


1870 


1870 


86 

ilOS (13 

838 78 

803 W 

i,lia 83 


224 liU 
1,980 32 
2,759 87 
3,851 .11 
7,749 U4 

822 2li 


44 03 
396 06 
661 07 
770 26 
1,549 92 
164 46 


i;9 76 
1,684 25 
2,207 89 
3,081 06 
l^ll'O 71 

667 81 


89 87 

702 12 

l,lu3 04 

1,640 62 

3,099 85 

328 90 








11 33 

36 34 

2,864 97 

1,070 18 

6,815 02 

726 49 


6 66 

18 45 

• 1,475 64 

635 09 

3,347 06 

386 21 


8 64 

29 69 

2,462 12 

802 75 

4,868 34 

378 92 


68 

6 60 

697 48 

636 00 

1,688 21 

130 00 














2 
2 
2 
2 
2 
2 


1 
I 
1 
1 

1 
1 


IX 




2X 
2X 

ill 


X 

I 


2 
2 
2 
2 
2 
2 




42 34 
1,589 22 


21 19 
051 77 




2 
2X 


1 


2« 


2 
2 
2 
2 

2 


1 
1 
1 
1 
1 


IX 
IX 
IX 












8,544 07 
160 OS 


5,022 71 
95 29 




11 


2 

IK 


2 














487 m 


i,eo8 02 

2,650 88 

l,52d .■<2 

660 w 

6.821 !IU 
27,083 41 

2,464 J 
2,143 ..1 
1,332 III 
1,807 :is 
2,393 >1 

3.822 71 
1SI6 O 

0,163 K 
368 111) 
2,591 1.11 
6,945 .',i 
9,668 TT 
2,903 14 
2,888 il'J 
64 110 


301 70 

610 17 

306 36 

133 30 

1,436 47 

6,770 85 

013 63 

428 70 

266 68 

361 60 

478 70 

764 64 

39 28 

1,030 78 

71 61 

6l8 92 

1,380 10 

2,417 10 

680 62 

679 73 

10 98 


1,440 81 
2,040 70 
1,221 40 

533 44 
5,821 00 
27,083 41 
2,454 53 
1,714 61 
1,066 32 
1,446 38 
1,914 83 
3,068 10 

157 14 
4,123 13 

286 47 
2,075 68 
5,660 41 
9,668 77 
2,322 51 
2,318 95 

43 92 


723 4U 

1,020 36 

010 73 

266 72 

2,910 05 

13,541 70 

1,227 20 

857 40 

533 10 

723 19 

■ 967 41 

1,529 09 

78 67 

2,061 66 

143 23 

1,037 84 

2,778 20 

4,834 38 

1,161 25 

1,150 47 

21 90 • 








1,184 06 
1,746 30 
2,382 70 

494 54 
4,621 68 
24,721 28 
2,806 64 
1,537 18 
88 

662 82 
2,663 91 
1,384 58 

181 39 


599 00 

917 24 

1,031 68 

269 17 

1,858 17 

12,366 66 

1,488 68 

768 92 

66 

342 01 

1,446 46 

704 60 

97 U 


898 96 
1,341 06 
2,106 20 
647 92 
2,691 19 
16,603 30 
1,823 21 
1,063 78 


268 03 
476 98 
452 00 
89 68 
1,194 46 
8,000 27 
818 49 
174 08 














2 
2 
2X 

2 
2 

2 

2 

2 

2 

2 

2 

2 . 

2 

i^ 
2 


1 

1 

1 
1 
% 

1 ■* 

1 
1 
1 
1 
1 
1 
1 
1 
1 
1 

1 
1 


IX 

f" 

2 

1 

1 

1 

1 

1 

IX 

IX 

1 
1 
.X 

% 

1 




2X 


X 


2 




i',5us 06 
109 86 

2,553 52 

24,503 03 

830 77 

310 47 


i,036 69 

100 31" 

1,066 50 

14,956 28 

663 79 

262 30 




2H 
2 

Ik 
2i4 


2 

1 

IH 

2 


2 

h 

2 
2 


2 

2H 

2>i 

1>S 

IH 

2 

2 


1 

:i 

1 


I 




2X 
2% 
2X 
.2X 
2 
2X 

2X 

i 

2X 

i^ 

2X 
2X 


X 
X 

i 
I 


2 
2 
2 
2 
2 
2 
2 
2 
2 
2 

2 
2 

a 

2 
2 
2 
2 
2 




lli8 20 






,811 48 






Mi 4U 








114 48 
409 77 
803 53 


47'62' 

227 37 
665 02 




340 00 

2,106 11 

97 64 

113 02 


134 91 
664 67 
684 71 
53 41 


2 
2 
Hi 


1'2 


2 
2 
2 


2H 
iH 

•iii 

2>4 

2 

2^ 

2,^ 

2% 

2 

2 


1 

!« 
1>4 
1« 

1 


2 
2 
2 

2 

i'x 

2 
2 

ix 

IX 
















1)2 ill 
,084 S)4 


























151 91 
2,010 18 
9,195 57 
11,697 44 
4,634 60 
2,308 95 


76 64 
1,203 20 
4,368 16 
6,248 78 
2,156 37 
1,184 84 


71 09 
1,581 80 
6,284 46 
6,088 74 
1,107 31 
1,623 94 


46 46 

49 33 

2,091 60 

2,696 85 

8,088 13 

427 95 


2 


1 

2 

hi 


2 
1 
2 

2 
2 
2 






41 76 

.10,913 U 

7,561 43 

809 74 

2,299 77 


27 51 

6,730 92 

5,576 98 

620 47 

1,591 66 












,261 08 
























































195 12 


6,380 »2 
3,608 27 
1,917 2,s 
1,219 112 
1,119 JO 

657 40 
6,149 6il 

549 % 


1,270 18 
721 66 
479 32 
243 02 
223 86 
131 48 

a,U29 91 
100 99 


5,104 73 

2,886 01 

1,917 28 

976 60 

896 44 

625 92 

4,119 67 

430 90 


iS,662 36 
1,443 30 
968 64 
487 84 
447 72 
262 96 
2,069 83 
219_98 


4,176 43 

3,600 69 

254 64 


3,008 61 

2,111 17 

142 34 




8,110 04 

2,291 85 

1,694 58 

431 70 

279 40 

880 38 

4,874 20 


3,848 68 

1,197 13 

911 49 

216 19 

102 93 

1,008 76 

2,119 35 


7,404 47 

2,806 42 

1,028 38 

330 81 

231 33 

211 21 

2,976 98 


1,656 61 
429 49 
683 94 
208 69 
33 16 
146 90 

1,349 79 


2M 
2H 


2 

H-2 


2 
2 
2 


2% 

2 

2 


IX 

1 

IX 

1 

IX 

1 


2 

'^ 

'^ 
2 

IX 


2 

2 

. 2 

2 
2 


1 
1 
1 
1 
1 
1 . 


IH 

1 

IX 

1 

1 

1 




f 

2X 
2X 
2X 
2X 
2X 


i 

1 


2 
2 

2 
2 
2 

2 






















2r.2 07 


66 66 

209 62 

4,u29 37 


40 29 
161 26 
418 01 




2 




2 
2 
2 










83:l 56 




s I 
















































12 12 


369 'JO 
»122,537 Sa 


71 09 


287 97 


143 98 


13 1» 


8 38 




38 41 


22 08 


27 78 


7 60 


2 


1'. 


2 


2'.. 


^% 


2 


2 


1 


1 ■ 1 


..;.. 1 i:;:; 




















OW 41 


♦20,854 75 


*107,419 49 


to3,709 05 


»75,282 16 






tll5,497 83 


*52,275 22 


170,842 94 


$26,403 13 





























NTS j^-jstd expenditures 

Estimate Continued 

000.00 Fugitivea from Justice % 2,000.00 

OOO.OO Eiijeiisea Sale School Land 10,000.00 

000.00 Keveuuo Elp6inei 15,000.00 



lit Warrants drawn 1867 and 1868.... $100,162.10 

1860 and 1870 216,062.96 



SUPREME COURT CASES 



79 



Thursday] 



AUDITOR GILLESPIE-LAKE 



[June 22 



Mr. McCANN. Mr. President, I 
move that the reading of the tabular 
statement be dispensed with, and. 200 
copies ordered printed. 

The motion was agreed to. 

The Secretary read the following 
communication from Hon. John Gil- 
lespie, State Auditor. 

State of Nebraska. 
Auditor's Office, 
Lincoln, Neb., June 22, 1871 
Hon. Silas A. Strickland, President of 

Constitutional Convention. 
Sir: 

In response to a resolution of Con- 
stitutional Convention of 21st inst. 
asking for a statement "showing the 
amount of Commencement Pees re- 
ported to this office, under the act of 
the Legislature approved June 22, 
ISC 7, and the names of the counties 
and courts where the same was re- 
turned, and the amounts from each", 
I have the honor to report the follow- 
ing as returned to this office: 

FIRST JUDICIAL DISTRICT, HON. 
O. P. MASON, JUDGE. 

Commencement Fees reported 
from ; 

County Amount 

Otoe $2,690 

Nemaha 1,220 

Richardson 835 

Pawnee 200 

Johnson 255 

Gage 385 

Jefferson 30 

Saline 10 

Total amount reported 

in first Judicial District. .. $5,625 

SECOND JUDICIAL DISTRICT, 
HON. GEO. B. LAKE, JUDGE. 

Commencement Fees reported 
from ; 

County Amount 

Douglas $7,125 

Cass 1,365 

Sarpy 365 

Lancaster 565 



Saunders 100 

Seward GO 

Total amount report- 
ed in 2nd Judicial Dis- 
trict $9,580 

THIRD JUDICIAL DISTRICT, 
HON. L. CROUNSE, JUDGE. 

Commencement Fees reported 
from; 

County Amount 

Washington $570 

Dodge 605 

Platte 235 

Lincoln 325 

Burt 130 

Dakota 195 

Cuming 85 

Hall SO 

Colfax 50 

Cedar 2 5 

Total amount report- 
ed in 3rd Judicial Dist- 
rict $2,240 

RECAPITULATION. 

1st Judicial Dist 5.625 

2nd Judicial Dist 9,580 

3rd Judicial Dist 2,240 

Total $17,445 

Supreme Court 410 

Grand total $17,855 

All of which is respectfully sub- 
mitted. 

Very respectfully 
Your Obt. Servt. 
JOHN GILLESPIE, 

State Auditor. 

Mr. LAKE. Mr. President, I move 
that the report from the Auditor be 
referred to the Judiciary Committee. 

The motion was agreed to. 

The Secretary read the following 
communication from the Clerk of 
the Supreme Court: 

Office of Clerk of the Su- 



80 



STATE FINANCES 



GUY A. BROWN— AUDITOR GILLESPIE 



[June 23 



preme Court, State of Nebraska. 

Lincoln, June 22, 1S71. 
To the Hon. the members of the Con- 
stitutional Convention. 

Gentlemen: — In accordance with a 
resolution, this day passed by your 
honorable body, I have the honor to 
report. 

1. That the number of cases now 
pending in the Supreme Court is six- 
teen (16). 

2. That the number of cases 
heard and determined in said court 
since the State organization is S8. 

3. That the counties wherein 
such actions were originally com- 
menced are as follows: Douglas 
(32), Otoe (30),. Cass (7). Nemaha 
(4), Lancaster (3), Dodge (3), Paw- 
nee (2), Burt (2). Dakota (2). 
Washington (2), and Lincoln (1). 
Total S8. 

Very respectfully 

Your obedient servant, 
GUY A. BROWN, 

Clerk of Supreme Cr't. 



Mr. MANDERSON. Mr. President, 
I move that the communication be 
referred to the Judiciary Committee. 

The motion was agreed to. 

The Secretary read a communica- 
tion from the Auditor of State as fol- 
lows: 



Hon. 



Auditor's Office, 
Lincoln. Neb., June 21, 1871. 
S. A. Strickland, 



President Constitutional Con- 
vention: 
Sir: 

In reply to the following resolu- 
tion of the Constitutional Convention 
of the 20th inst., viz.: 

RESOLVED: That the Auditor of 
State be requested to furnish to this 
Convention, without delay, a state- 
ment showing the entire indebted- 
ness of the State, outstanding and un- 
paid at this date, including all un- 
paid and outstanding warrants and 
bonds of the territory of Nebraska. 



I have the honor to report the following: 

STATE INDEBTEDNESS. 

Outstanding warrants (general fund ) $130,000 

Outstanding warrants (building fund ) 40,000 

Territorial militia bonds, etc., (held by school fund) 36,300 

Interest on bonds and floating indebtedness 25,000 

Loan of "University fund" (Act approved February 6, 1871) .. 16.000 

Annual expenses on general fund 200,000 

Total Indebtedness $447,300 

RESOURCES 

Tax levy of 1S70 ("general fund") $122,500 

Tax levy of delinquent general fund taxes 60,500 

Tax levy of sinking fund 1870 26,800 

Tax levy of delinquent S R L taxes 18,000 

Total resources $227,800 

Amount of liabilities over resources .$219,500 



The foregoing shows the financial expenses annually of the State, and 
condition of the State, by enumerat- giving a statement of the State's re- 
ing the outstanding indebtedness and | sources, for the paymeiM of the sameV 



PRINTING— SCHOOLS 



81 



Thursday] 



KIKKPATRICK—MOCANN— JAMES 



[June 22 



as now provided by law, which leaves 
a balance of indebtedness to be pro- 
vided for of $219,500. 

I am respectfully. 

your obedient servant, 
JOHN GILLESPIE, 

State Auditor. 

Mr. KIRKPATRICK. Mr. Presi- 
dent, I move that the communication 
be laid on the table, and 100 copies 
be printed for the use of this Con- 
vention. 

Mr. "WILSON. I move to amend 
by making the number 1,000. 

The amendment was not agreed 
to. 

Mr. McCANN. I move to amend 
by fixing the number at 500 copies. 

The Convention divided and the 
amendment was agreed to. 

The motion as amended was 
agreed to. 

The Secretary read the following 
communication from the Acting Gov- 
ernor: 

State of Nebraska, 
Executive Department, 
Lincoln, June 22, 1871. 
To the Honorable, the President of 

the Convention. 

Dear Sir: 

In answer to the. enquiry of your 
honorable body in relation to the 
cost of the public printing of the 
this State, up to this date, I have to 
state, that in answer to an enquiry 
addressed to the Auditor of State, I 
am informed the entire disburse- 
ments for this purpose up to this 
time amounts to the sum of $20,851.- 
10. 

I am very respectfully, 
Your obedient servant, 

WM. H. JAMES. 
Sect, of State. 

Mr. ABBOTT. I move it be refer- 
6 



red to the Committee on Public Ac- 
counts and Expenditures. 

The motion was agreed to. 

Mr. McCANN. Mr. President, I 
would ask the Secretary if the com- 
munication of the Auditor in re- 
sponse to the resolution requesting 
a statement of school lands sold has 
been received and if so that it be 
read. 

The PRESIDENT. The Secretary 
has read that statement and it has 
been ordered printed. 

Mr. McCANN. I would call the 
attention of the Convention to the 
remark of the Auditor to the ques- 
tion, "How much has been raised 
annually by direct taxation for com- 
mon schools, etc.." He says, "there 
has been levied annually two (2) 
mills upon the assessed valuation of 
the taxable property of the State for 
common schools." I apprehend, Mr. 
President, the object of the mover 
was to get the gross amount RAIS- 
ED, NOT the amount LEVIED. I 
want to know how much has been 
raised; and I take it that was the 
object of the motion. 

Mr. ABBOTT. Another question 
was not answered — the number of 
acres of school lands entered under 
the pre-emption laws. I would like 
that embodied. 

Mr. McCANN. Mr. President, I 
move that the statement be referred 
to the Auditor for correction. 

Mr. CAMPBELL. I would also 
offer an amendment, Mr. President, 
that he state how much was received 
from Otoe county. 

Mr. TOWLE. The report present- 
ed this morning from the Auditor 
and ordered printed, contains all the 



82 



SCHOOL LANDS 



Thursday] 



NELIGH—SPEICE— WOOL WORTH 



necessary information. 

Mr. McCANN. Mr. President, I 
would state, In reply to the gentle- 
man that the information wanted 
is for the committee; that it is not 
in shape to obtain the object desired. 
I will put my resolution in writing, 
asking that this report be referred 
to the Auditor for correction in the 
two items specified. 

Mr. NELIGH. I also would like 
incorporated in the resolution of the 
gentleman from Otoe "that the Aud- 
itor be requested to inform this Con- 
vention if there is any county in this 
State of the name of Cuming, and if 
so what amount of school lands have 
been sold, and its average price per 
acre." 

Mr. GIBBS. Mr. President, I 
would call the attention of the Con- 
vention to the fact that Burt County 
is left out. A large portion of land 
has been sold there. 

The PRESIDENT. I notice that 
in one of the other communications 
Burt County is left out. I don't 
know why. 

Mr. SPEICE. I desire to know 
the number of acres sold in Platte 
County. I know the greater portion 
of Section IG, Township 17, Range 
1, East, has been sold. I would like 
to have the Auditor report any that 
have been reported to him. 

The PRESIDENT. Will the gen- 
tleman from Platte (Mr. Speiee) 
offer a resolution? 

Mr. SPEICE. I will. 

The PRESIDENT. Please reduce 
it to writing. 

Mr. SPRAGUE. I find there are 
a great many mistakes in this re- 
port of the Auditor's. I know there 



was a much larger amount of lands 
sold in our County (Saunders) than 
is here credited. According to the 
Auditor's report there has been but 
640 acres sold in our County. 

Mr. WOOLWORTH. Mr. Presi- 
dent, I am told that the records in 
the Dept. of State, are very defective, 
that they will not show all the sel- 
ections of land, nor nearly all, and I 
would suggest, if it is possible that 
an inquiry be extended to the offi- 
cers of the Land offices of the diff- 
erent districts, and if we do not find 
the desired information there, then 
an inquiry be directed to the Gen- 
ral Land office; this investigation to 
be as thorough and extensive as pos- 
sible. Now I do not know anything 
about this matter myself, for I have 
never had any business which called 
me to investigate it. I have not been 
a member of the Legislature, or in 
any other way whatever been con- 
nected with the Government. I mere- 
ly state what is told me, and if it is 
true that the records of any depart- 
ment of our State Government are 
defective the matter should be look- 
ed up. I don't make any motion, 
Mr. President, I merely suggest. It 
is for those who are connected with 
this matter to take action in it. 

Mr. HASCALL. Mr. President, I 
think this whole matter can be reach- 
ed through our various State officials 
here in Lincoln. When these school 
lands are sold, of course the money 
would come into the State Treasury. 
If the money has not come into the 
Treasury we can assertain from the 
Treasures of the different Counties 
why it has not. It is a very easy 
matter to reach it in that way. 



SCHOOL LANDS 



83 



Thursday 1 



WOOLWORTH— McCANN 



[June 22 



Mr. WOOLWORTH. It seems to 
me, Mr. President, that the right 
place to commence these inquiries is 
at the fountain head — at the differ- 
ent land oflices. I speak now, not 
merely of the IGth and 3 6th Sections, 
but with reference to a great many 
other donations which have been 
made by the General Government. 
If it is true that these departments 
here, do not contain the information 
required, then that information 
ought to be obtained at once from 
the local or General Land offices. I 
don't know anything about it. I 
make no charges. I merely re-echo 
statements which have been made in 
my presence since I came here: but 
I would like to know, for my own 
satisfaction just what disposition 
has been made of these lands. 

Mr. SPEICE. I would like very 
much to have the information which 
the gentleman from Douglas (Mr. 
Wool worth) speaks of; but I don't 
•understand that the resolution spok- 
en of here, touches anything other 
than the 16th and 36th sections. 
I take it, that the statement of the 
Auditor now before the Convention, 
"would, perhaps, if corrected, show all 
the lands which have been sold by 
the different land oJ&ces. 

Mr. McCANN. Mr. President, I 
wish to offer a resolution. 

The resolution is read by the Sec- 
retary as follows; 

RESOLVED; That the report of 
the Auditor of State, in reply to the 
resolution of the Convention of the 
20th inst., asking for a statement of 
school lands, value, etc., be respect- 
fully returned to the Auditor, with 
the request that he further inform 
the Convention. 



1st. As to the amount of taxes 
actually collected, and from what 
counties. 

2nd. As to the number of acres 
taken under homestead and pre-em- 
tion laws. 

The PRESIDENT, I think the 
gentleman from Cuming (Mr. Ne- 
ligh) offers an amendment. 

Mr. NELIGH. Yes sir. 

The Secretary read the amendment, 
as follows; 

RESOLVED; That the Auditor 
of this State be requested to inform 
this Convention, if there is any 
county in this State of the name of 
Cuming, and if so, what amount of 
school lands has been sold, and its 
average price per acre. 

The resolution was referred to 
Committee on Education. 

Mr. SPEICE. Mr. President, I of- 
fer an amendment to the resolution 
of the gentleman from Otoe (Mr. 
McCann)._ 

The Secretary read the resolution 
as follows; 

RESOLVED; That the Auditor of 
State be requested to report to this 
Convention, the number of acres of 
school land sold in Platte County, to- 
gether with the amount of money re- 
ceived therefor. 

Amendment agreed to. 

Mr. SPIECE. I see that the coun- 
ties of L' Bau qui Court and Madison 
are not mentioned in the list of coun- 
ties published in the Auditor's re- 
port. I move that these counties be 
considered, in the resolution. 

The PRESIDENT. It will be done, 
without objection is made. 

Mr. LAKE. Mr. President. It 
seems to me that these amendments 
to the resolution offered by the gen- 
tleman from Otoe, (Mr. McCann) are 
somewhat out of place, for this rea- 



84 



SCHOOL LANDS 



Thursday] 



LAKE-GRAY— SPRAGUE 



[June n 



son: the Auditor has answered the 
questions asked him, so far as this 
matter is concerned. His answer to 
the first question is "first, whole 
amount of school lands sold, 86,840." 
To the second question he answers; 
"Second, average price per acre, 
$9.09." 

To the 3rd, "Third, number of 
acres sold in each county," and fol- 
lows with a list of the different 
counties in the State, and set oppo- 
site each the number of acres sold 
in that county. Now, unless we im- 
peach the integrity and fairness of 
the Auditor, he has reported all that 
appears in his office. It seems to 
me that if information be desired 
more specially on this subject, there 
should be a further and independent 
resolution, directing him to report 
specially as to those sections, and not 
encumber the resolution of the gen- 
tleman from Otoe (Mr. McCann) in 
this manner. Now I am perfectly 
satisfied that the information desired 
is not to be found in the Auditor's 
oflBce, because I believe the Auditor, 
when he made this report, report- 
ed all the information in his posses- 
sion relative to these three questions: 
First as to the whole amount of 
school lands sold. Second the average 
price per acre and, third the number 
of acres sold in each county. He has 
answer these interrogatories, and 
we have that answer on our tables 
before us. It seems to me that this 
matter is entirely out of order. 

Mr. GRAY. Mr. President. I have 
no doubt but that this report of the 
Auditor's contains a statement of the 
whole matter appearing upon the re- 
cords in his possession. I have no 



doubt but that these counties that 
don't appear have not made their re- 
turns, and consequently could not be 
put upon the report. That informa- 
tion can be obtained in a moment by 
sending a Committee to ask the Audi- 
tor whether he has any such informa- 
tion in his possession, and if gentle- 
men here have any doubt about the 
whole matter appearing in this re- 
port, they can send a Committee to 
wait upon the Auditor. 

Mr. SPRAGUE. Mr. President, I 
wish to offer an amendment to the 
resolution of the gentleman from 
Otoe (Mr. McCann). 

The Secretary read the resolutioa 
as follows: 

RESOLVED: That the report of 
the Auditor of State, in response to 
a resolution of this Committee of the 
20th inst., with request for state- 
ments of school lands sold and etc.,. 
be referred back to said Auditor with 
a request for a statement of all school 
lands sold in Saunders county, not 
only in the years IS 67-6 8, but also 
all sold in said county in the years 
of 1869 and 1870. 

Mr. ESTABROOK. Mr. President, 
I would like to hear from the gentle- 
men on this floor, representing these 
counties, whether there has been re- 
turns to the State ofiicers from these 
counties. I would like to hear from 
the gentleman from Cuming, (Mr. 
Xeligh) 

Mr. NELIGH. I am satisfied that 
there has been considerable lands 
sold in Cuming county, and I have 
a communication from the clerk of 
the county asking me to obtain deeds 
from the State, and I have no doubt 
there is something appearing on the 
State records here concerning these- 
sales. 



SCHOOL LANDS 



85 



Thursday] 



ESTABROOK— SPEICE-GIBBS 



[June 22 



Mr. ESTABROOK. I would like to 
ask further from the gentleman, if 
he thinks the county Treasurer has 
made any report to the State. 

Mr. NELIGH. I have no doubt he 
has sir. 

Mr. ESTABROOK. Mr. President, 
perhaps the proper place to direct 
this inquiry is to the Treasury de- 
partment. 

Mr. SPRAGUB. Mr. President. In 
introducing the resolution offered by 
me, I do not intend to cast any re- 
flection upon the Auditor; but I am 
satisfied that there has been sales 
reported from Saunders county, 
which do not appear on this state- 
ment. 

Mr. SPEICE. Mr. President, be- 
fore putting the amendment I have 
offered. I have this to say to the 
gentleman from Douglas (Mr. Esta- 
brook) in answer to his question 
whether we are confident that any 
lands have been sold in our counties, 
and if so, whether reports have been 
made to the Auditor. In regard to 
the first question. I can answer, 
yes sir, positively. I am satisfied 
that almost the entire amount of 
Town 17, Range 1, East; also of 18 
Range 1, East. But whether the 
county officers have reported the 
sales to the State ofiBcers, or not, I 
cannot tell. 

I do not think that by offering this 
resolution, we have any design to im- 
peach the report of the Auditor. I 
started out with the belief that the 
Auditor had made a mistake and if 
he has, it would not be any discour- 
tesy to ask him whether he has or 
not. If the county officers are at 
fault I for one desire to know it. 



Mr. ABBOTT. Mr. President. I 
move that the Auditor's report and 
the whole thing be referred to a Com- 
mittee of three. 

Mr. WOOLWORTH. It seems to 
me, that the Committee on Education, 
School Funds and Lands is the prop- 
er one to commit this matter to. 

Mr. ABBOTT. I accept the sug- 
gestion of the gentleman from Doug- 
las (Mr. Woolworth) to commit to 
the Standing Committee on Educa- 
tion, No. 6. 

Mr. GIBBS. I have spoken to 
the Auditor, and he says he has re- 
ported all the lands on his records; 
The fault must be with the county of- 
ficers. But there is apparently a 
mistake in this report, as there is 
money reported received from coun- 
ties in which it does not appear any 
lands have been sold. 

Mr. McCANN. I agree with the 
gentleman from Douglas, (Mr. Lake) 
that my resolution ought not to be 
encumbered by these amendments. 

The PRESIDENT. The question is 
upon the motion to commit by the 
gentlemen from Hall (Mr. Abbott). 

The motion to commit was agreed 
to. 

The PRESIDENT. The question 
now is on the adoption of the resolu- 
tion of the gentleman from Saunders 
(Mr. Sprague). 

Mr. SPRAGUE. Mr. President, I 
ask leave to withdraw my resolution 
now,- — or instead of withdrawing it, 
I would ask that it be referred to 
the same Committee with the others. 

So referred NEM. CON. 

Petitions. 

Mr. THOMAS. Mr. President, I 



86 



PRINTING BIDS— OFFICES 



Thursday ] 



SPEICE-LAKE— THOMAS 



desire to offer a petition from 
De Forrest Porter and 74 others, and 
I ask that it be referred to the Com- 
mittee on Schedule. 

The PRESIDENT. It will be so 
referred if no one objects. 

Mr. SPEICE. Mr. President, I call 
for the reading of the petition. 

The Secretary read the petition as 
follows: 

To the Honorable, the members of 
the Constitutional Convention of the 
State of Nebraska in Convention as- 
sembled. 

We the undersigned, citizens and 
voters of the State do hereby most 
respectfully and earnestly petition 
your honorable body to provide for 
the vacation of all State and county 
ofHcers of said State: and to provide 
for the election of officers to fill the 
same, at the same time of the vote 
for or against the adoption of the 
new Constitution which you shall 
form. 

(Signed) 

DE FORREST PORTER. 
And 74 others. 

Reports of Standing Committees 

Mr. LAKE. Mr. President, The 
Committee on Judiciary wish to make 
report. 

The report was read by the Secre- 
tary as follows: 

Mr. President. The Judiciary Com- 
mittee to whom was referred the re- 
solution relative to printing which is 
herewith returned, have had the sanio 
under consideration and beg leave to 
report that they are unable to find 
that any provision has been made 
for the printing of this Convention, 
that it is not included in any of the 
contracts for printing entered into on 
behalf of the State with any person 
or persons whomsoever. 

Your Committee are of the opinion 
that the subject of printing is entire- 
ly within the control of this Con- 



vention, and that the best interest of 
the State as well as a proper regard 
to the spirit of the Constitution re- 
quire that the printing be given to 
the lowest responsible bidder who is 
in a situation to do the work. 

Your Committee would further say 
that they see no reason for providing 
at this time for any but the inciden- 
tal printing, and therefore submit 
the following as a substitute for the 
original resolution and recommend 
its adoption. 

RESOLVED: That this Conven- 
tion has the right to control all the 
printing necessary to a proper dis- 
charge of its duties. 

Your Committee further recom- 
mend that the necessary incidental 
printing be let as soon as practicable 
to the lowest responsible bidder, 
five days notice being first given. 
That person to whom the contract 
shall be awarded be required to give 
ample security for the prompt and 
faithful performance of the work and 
that the contract be unassignable. 
GEO. B. LAKE, 

Chairman. 

Mr. McCANN. Mr. President, I 
move the adoption of the resolution. 

The motion was agreed to. 

Mr. ESTABROOK. Mr. President, 
I move it be referred to the Com- 
mittee on Printing and Binding with 
instructions to carry the same into 
effect. 

The motion was agreed to. 

Mr. THOMAS. Mr. President, The 
Judiciary Committee desire to make 
report. 

The Secretary read the report as 
follows: 

Mr. President. Your Committee 
on Judiciary to whom was referred 
the following resolution to- wit: 

RESOLVED: That the Judiciary 
Committee be and are hereby re- 
quested to inquire into and report 
upon the propriety of establishing a 



INSANITY— GRAND JURY SYSTEM 



87 



Thursday] 



M ANDERSON— HASCALL 



[June 22 



board or tribunal for the determi- 
nation of the plea of insanity, when 
the same is interposed in criminal 
cases, said board to consist of the 
Superintendent of the Insane Asylum 
and such other learned physicians as 
by law shall be added to such board." 
Would respectfully report, that we 
have carefully examined the said 
resolution and report the same back 
with the recommendation, that the 
provisions thereof be not embodied 
in the Constitution. 

GEO. B. LAKE, 
Chairman Judiciary Com. 
Mr. MANDERSON. Mr. President, 
I move that the report be adopted. 
Mr. HASCALL. Mr. President, I 
move to amend by saying that we ac- 
cept the report, then, after due con- 
sideration the proposition may be 
entertained. 

The PRESIDENT. When the re- 
port is read it is considered accepted, 
the question is on the adoption. 
The motion was agreed to. 
Mr. MANDERSON. Mr. President, 
At the request of the Chairman of 
the Committee on Judiciary, I beg 
leave to offer this report. 

The report was read by the Secre- 
tary as follows: 

Report of the Standing Committee 
(No. 1,) Judiciary, (through Mr.Man- 
derson.) 

Your Committee on Judiciary to 
which was referred the following 
resolution: 

RESOLVED: That the Judiciary 
Committee submit a report to this 
Convention on the Constitutionality 
of abolishing the Grand Jury system 
in this State". Begs leave to report 
that in its opinion it is Constitutional 
to abolish the Grand Jury system. 
CHARLES F. MANDERSON, 
for the Committee on Judiciary. 

Mr. ESTABROOK. I presume 
these resolutions are offered as sug- 



gestions to the different Committees, 
those referred to the Judiciary are 
to elicit their opinion as to the law, 
when they report, they become sug- 
gestions, and as such should be on 
our table. They may be adopted in the 
Constitution or not. 

Mr. HASCALL. Mr. President, I 
would say that the views just ex- 
pressed were the reasons why I vot- 
ed against adopting the last report. 
I think it is improper for reports to 
come in here in regard to the frame 
of the Constitution. I think as the 
General has said, nothwithstanding 
the adoption of these reports, the pro- 
position is still before the Convention. 
It looks as an improper proceeding 
to transact business in that way. 

Mr. ESTABROOK. If this report 
was referred to a Committee for di- 
rection, it seems to me it should go 
back to that Committee. 

Mr. MANDERSON. Mr. President, 
It seems to me the subject matter 
of this resolution is more properly 
for the Committee on Bill of Rights. 
As I understand the resolution it 
was merely to obtain from the Judi- 
cial Committee its opinion as to the 
constitutionality of abolishing the 
Grand Jury system. That Committee 
has given its opinion. I do not think 
myself that a motion to adopt the 
report would be in order, but a mo- 
tion to refer this report to the Com- 
mittee on Bill of Rights I think 
would be in order. I therefore make 
such motion. 

Mr. WAKELEY. Mr. President, I 
have no sort of choice personally as 
to what is done with the report, but 
as inaugurating a system for prece- 
dent, I desire to say a word upon 



GKAND JURT— BILL OF RIGHTS 



Thursday] 



WAKELEY— MAXWELL— MASON 



[June 



it, I do not understand that when a 
report from the Committee is made 
here it requires no action on the 
part of the Convention; it does not 
recommend any action, but is merely 
the expression of the Committee on 
an abstract question of law. I do not 
understand, under those circum- 
stances, the Convention is called up- 
on to take any action on the report. 
I do not see anything in that report 
to be referred to the Committee on 
Bill of Rights. The report states the 
Judicial Committee deem it consti- 
tutional to abolish the Grand Jury 
system, they do not ask the Conven- 
tion to take any action, do not pro- 
pose any action. No member of the 
Convention proposes any action. Mr. 
Manderson proposes that the report 
be referred to the Committee on Bill 
of Rights. I suggest that if the Com- 
mittee on Bill of Rights should take 
any action it should be presented in 
the form of a resolution. What you 
send to the Committee by referring 
this report is simply an expression of 
the Judicial Committee upon an ab- 
stract question of Constitutional law. 

Mr. MYERS. Mr. President, I 
move that the report be laid on the 
table. 

The PRESIDEXT. Allow me to say 
I think these motions should be re- 
ferred back unless they are to be laid 
on the table or referred to some other 
Committee, as if you should adopt 
and the question should come up at a 
future time it would require a Iv.'o- 
thirds vote of the body to change. 

Mr. MAXWELL. Mr. President — 

Mr. MYERS. I object, a motion to 
lay on the table is not debatable. 

Mr. HINMAN. A motion to com- 



mit is not debatable. 

Mr. MAXWELL. The rules read, 
to commit, to amend, to lay on the 
table, so that the motion to lay on 
the table is third. 

The PRESIDENT. By the rule, 
the motion to lay on the table, by 
the gentleman from Douglas (Mr. 
Myers) takes precedence. 

The motion was agreed to. 

Mr. MASON. Mr. President. Your 
Committee on Bill of Rights present 
their report. 

The Secretary read the report as 
follows: 
MR. PRESIDENT: 

Your Committee on "Bill of 
Rights" report the following pre- 
amble and article 1 of the proposed 
Constitution and would respectfully 
recommend that the same be adopted 
bv the Convention. 

O. P. MASON, 
Chairman Committee Bill of Rights. 

THE CONSTITUTION OF THE 
STATE OF NEBRASKA. 
PREAMBLE. 
We, the people of the State of Ne- 
braska — grateful to Almighty God 
for the civil, political and religious 
liberty which He hath so long per- 
mitted us to enjoy, and looking to 
him for a blessing upon our endeav- 
ors to secure and transmit the same 
unimpaired to succeeding generations 
— in order to form a more perfect 
government, establish justice, insure 
domestic tranquillity, provide for the 
common defense, promote the general 
welfare, and secure the blessings of 
liberty to tjurselves and posterity, 
do ordain and establish this Consti- 
tution for the State of Nebraska. 

ARTICLE I. 
Bill of Rights. 
U 1. All men are by nature free and 
independent, and having certain in- 
herent and inalienable rights—among 
these are life, liberty and the pur- 



BILL OF RIGHTS 



Thursday] 



MASON REPORT 



[June 22 



suit of happiness. To secure these 
rights and protection of property, 
governments are instituted among 
men. deriving their just power from 
the consent of the governed. 

^ 2. No person shall be deprived 
of life, liberty or property without 
due process of law. 

^ 3. The free exercise and enjoy- 
ment of religious profession and wor- 
ship, without discrimination, shall 
forever be guaranteed; and no per- 
son shall be denied any civil or po- 
litical right, privilege or capacity on 
account of his religious opinions; 
tut the liberty of conscience hereby 
secured shall not be construed to dis- 
pense with oaths or affirmations, acts 
of licentiousness, or justify prac- 
tices inconsistent with the peace or 
safety of the State. No person shall 
he required to attend or support any 
ministi-y or place of worship, nor 
shall any preference be given by law 
to any religious denomination or 
mode of worship. 

^ 4. Every person may freely 
speak, write and publish on all sub- 
jects, being responsible for the abuse 
of that liberty, and in all trials for 
libel, both civil and criminal, the 
truth, when published with good mo- 
tives and for justifiable ends, shall 
be a sufficient defense. 

«l 5. The right of trial by jury as 
heretofore enjoyed, shall remain in- 
violate; but the trial of civil cases 
before justices of the peace by a 
jury of less than twelve men, may 
be authorized by law. 

^ G. The right of the people to be 
secure in their persons, houses; pa- 
pers, and effects against unreasonable 
searches and seizures, shall not be 
violated, and no warrants shall issue 
without probable cause, supported by 
affidavit, particularly describing the 
place to be searched and the persons 
or things to be seized. 

^ 7. All persons shall be bailable 
hy sufficient securities, except for 
treason and murder, where the proof 
as evident or the presumption great; 



and the privilege of the writ of 
habeas corpus shall not be suspended, 
unless when in case of rebellion or 
invasion, the public safety may re- 
quire it. 

\\ 8. No person shall be held to 
answer for a criminal offense, unless 
on an indictment of a grand jury, 
except in cases in which the punish- 
ment is bj- fine, or imprisonment 
otherwise than in the penitentiary, 
in cases of impeachment, and in 
cases arising in the army and navy, 
or in the militia when in actual ser- 
vice in time of war or public danger. 

fl 9. In all criminal prosecutions 
the accused shall have the right to 
appear and defend in person and by 
counsel; to demand the nature and 
cause of the accusation, and have a 
copy thereof; to meet the witnesses 
face to face, and to have process 
to compel the attendance of witnesses 
in his behalf, and a speedy public 
trial by an impartial jury of the 
county or district in which the of- 
fence is alleged to have been com- 
mitted. 

^ 10. No person shall be com- 
pelled in any criminal case to give 
evidence against himself, or be twice 
put in jeopardy for the same offence. 

•i 11. All penalties shall be pro- 
portioned to the nature of the 
offense; and no conviction shall 
work corruption of blood or forfei- 
ture of estate; nor shall any person 
be transported out of the state for 
any offense committed within the 
same, nor "shall cruel and unusual 
punishment be inflicted. 

r 12, No person shall be imprison- 
ed for debt, arising out of, or found- 
ed on a contract express or implied, 
except in cases where there is strong 
presumption of fraud. 

ri3. Private property shall not be 
taken or damaged for public use 
without just compensation. Such 
compensation when not made by 
the state, shall be ascertained by a 
jury as shall be prescribed by law. 
The fee of lan'd taken for railroad 



90 



BILL OF RIGHTS 



MASON REPORT 



[June as 



tracks, without consent of the owners 
thereof, shall remain in such owners, 
subject to the use for which it was 
taken. 

^ 14. No ex post facto law. or law 
impairing the obligation of con- 
tracts, or making any irrevocable 
grant of special privileges or im- 
munities, shall be passed. 

fl 15. The military shall be in 
strict subordination to the civil 
power. 

^ 16. No soldier shall in time of 
peace be quartered in any house 
without the consent of the owner; 
nor in time of war except in the man- 
ner prescribed by law. 

•y 17. The people have a right to 
assemble in a peaceable manner to 
consult for the common good, to 
make known their opinions to their 
representatives, and to apply for a 
redress of grievances. 

^ IS. All elections shall be free 
and there shall be no hindrance or 
impediment to the right of a quali- 
fied voter to exercise his franchise. 

1 19. Treason against the state 
shall consist only in levying war 
against the state, or in adhering to 
its enemies giving them aid and com- 
fort. No person shall be convicted 
of treason, unless on the testimony 
of two witnesses to the same overt 
act, or on confession in open court. 

fl 2 0. The writ of error shall be a 
writ of right in all cases of felony, 
and in all capital cases shall operate 
as a supersedeas to stay the execution 
of the sentence of death until the 
further order of the supreme court 
in the premises. 

fl 21. The privilege of the debtor 
to enjoy the necessary comforts of 
life shall be recognized by whole- 
some laws, exempting a reasonable 
amount of property from seizure or 
sale for the payment of any debts 
or liability. 

^ 22. Aliens, who are, or may 
hereafter become bona fide residents 
of this state, shall enjoy the same 
rights in respect to the possession, 



enjoyment and inheritance of prop- 
erty of native born citizens. 

^2 3. Every person ought to find 
a certain remedy in the laws for all 
injuries and wrongs which he may 
receive in his person, property or 
reputation; he ought to obtain, by 
law, right and justice freely and 
without being obliged to purchase it, 
completely and without denial, 
promptly and without delay. 

•y 2 4. A frequent recurrence to the- 
fundamental principles of civil 
government is absolutely necessary 
to preserve the blessings of liberty. 

ly 2 5. The powers of the govern- 
ment of this State are divided into 
three distinct departments, the legis- 
lative, executive and judicial; and 
no person, or collection of persons, 
being one of these departments, shall 
exercise any power properly belong- 
ing to either of the others, except 
as hereinafter expressly directed or 
permitted. 

•T 2 6. This enumeration of rights 
shall not be construed to impair or 
deny others retained by the people, 
and all powers not herein delegated 
remain with the people. 

Mr. WOOLWORTH. Mr. Presi- 
dent, I move that the report be ac- 
cepted and ordered printed. 

The motion was agreed to. 

Mr. WOOLWORTH. Mr. Presi- 
dent, the Committee on Executive 
agree to submit the following report, 
and they ask of the Convention to- 
adopt the article in the Constitution. 
I move that the report be accepted 
and 100 copies ordered printed. 

Motion agreed to. 

Bill of Rights. 

Mr. WOOLWORTH. Mr Presi- 
dent, if it is in order. I move that 
the Bill of Rights be made the special 
order for two o'clock for to-morrow. 

Mr. MASON. Mr. President, be- 



BILL OF RIGHTS 



WOOL WORTH— W A KELEY -L A KE 



[June ; 



fore that motion is put I would lilie 
to inquire if that would give sufficient 
time for the printer? 

Mr. WOOLWORTH. I supposed 
we would get them to-morrow. I 
am willing to set it for Monday, at 
two o'clock. 

Mr. MASON. If necessary, and the 
printing can be done, I would favor 
the consideration of the article to- 
morrow afternoon. Perhaps the or- 
der might be made, and if the print- 
ing is not done we can reconsider the 
hour. 

Mr. KIRKPATRICK. I hope the 
gentleman from Douglas (Mr. Wool- 
worth) who is the Chairman of the 
Committee on Executive, will let this 
go over for a short time. I hope 
those gentlemen who are ready to re- 
port will not press their business 
until the other Committees can get 
together and report. I would like 
him to say Monday afternoon. 

Mr. WOOLWORTH. All I desire 
is to facilitate the business of the 
Convention as rapidly as possible. 

The PRESIDENT. Gentlemen; 
the question is upon the motion for 
to-morrow. 

Mr. MASON. I would not insist 
upon it if any member of the House 
desired to be absent. But I hope the 
order may be made. If it should so 
happen that the business of Com- 
mittees was more important, the or- 
der could be continued. 

Mr. WAKELEY. X am opposed, 
at this -time, to making this article 
a special order for any day. Some 
thirty other standing Committees, all 
of whom have important work in 
hand, have yet to report; and until 
the business is more advanced than 



at this time, I do not think it wise 
to make any subject a special order 
for any particular time. I think we 
will only retard business by so doing. 
There will be ample time hereafter, 
when we see what will be the earli- 
est leisure the Convention will 
have to go into it. 

Mr. LAKE. I agree with my col- 
league (Mr. Wakeley) entirely in this 
that it will be best to wait until the 
printed report is laid upon our tables, 
and we have an opportunity to scan 
it; then we can determine better 
what time we prefer to take the mat- 
ter up. Then we can act intelligently 
as to the time we would prefer to 
consider the subject matter of the re- 
port. I, myself, for one can say I 
shall be quite busy between now and 
the time the gentleman from Otoe 
(Mr. Mason) has selected for the con- 
sideration of this article, and I much 
prefer, if he has not some good rea- 
son to the contrary, that it should bp 
postponed to the time indicated by 
my colleague (Mr. Woolworth), who 
first requested the extension of time 
till Monday afternoon. 

Mr. MASON. I desire to say it 
was not my motion to consider to- 
morrow, but the gentleman from 
Douglas (Mr. Woolworth) whose 
motion I seconded. 

Mr. NEWSOM. I hope the policy 
indicated by this motion will not pre- 
vail for this reason. It is readily 
to be seen that the gentlemen com- 
posing this Committee of Bill of 
Rights are the only gentlemen who 
have considered this question, and 
their views and opinions are the only 
ones which are matured, therefore 
they are the only persons qualified 



92 



STATE CAPITOL— MASONIC LODGE 



Thursday ] 



NEWSOM—CASSELL— PRESIDENT 



[June 22 



to consider that question immediate- 
ly. They have considered the sub- 
ject matter fully, and none others 
have. I hope it will not prevail, be- 
cause if it does these gentlemen will 
carry their ideas. I am not in fa- 
vor of an article presented by any 
Committee being the article to be 
adopted by this Convention. I want 
a large discussion of all questions be- 
fore this body, and we ought to have 
more time. I prefer that this thing 
lay over and no time set, so this re- 
port can be printed and members 
have time to consider it. 

Mr. WOOLWORTH. Mr. Presi- 
dent, I will withdraw my motion 
with the permission of my second. 

Motion withdrawn. 

Mr. CASSELL. Mr. President. I 
have a report to present. 

The Secretary read the report as 
follows: 

The Committee on State Institu- 
tions and Public Buildings, respect- 
fully submit the following report: 

That the report of the State Au- 
ditor, on expenditures on State Cap- 
itol and Grounds, be reported bade 
to the Convention, with a recommen- 
dation that it be referred to the Com- 
mittee on Public Accounts and Ex- 
penditures. 

J. N. CASSELL. 

Ch. Com. 

Report adopted and referred to 
Committee on Public Accounts arul 
Expenditures. 

Adjournment. 

Mr. MYERS. Mr. President, I 
move the Convention do now ad- 
journ. 

Mr. MASON. I would suggest we 
adjourn untill to-morrow morning. 



Mr. MYERS. I withdraw my mo- 
tion. 

Mr. WAKELEY. Mr. President, 
I would Inquire if we have passed 
through the regular business. 

The PRESIDENT. We are under 
the order of "Resolutions." 

Mr. CAMPBELL. I move we ad- 
journ till to-morrow morning. 

Mr. MAXWELL. Mr. President, I 
would desire to go through the whole 
business before the Convention. 

Mr. CAMPBELL. I withdraw my 
motion. 

The PRESIDENT. I have a lit- 
tle matter to lay before the mem- 
bers. The Masonic Grand Lodge 
have made application for the use of 
this hall this evening. If there is 
no opposition, I will grant permis- 
sion. (Agreed. Agreed.) 

Mr. PHILPOTT. Mr. President, I 
have a resolution I desire to offer, 
if I have leave. 

The PRESIDENT. Has he leave? 
("No", "No", "Yes.") 

The PRESIDENT. Out of courtesy 
to the gentleman from Lancaster 
(Mr. Philpott)^ 

Mr. MYERS. I call for the read- 
ing of the order of business. Mr. 
President. 

The PRESIDENT (reading) "Re- 
ports from standing Committees. 

Reports from select Committees. 

Presentation of resolutions and 
propositions to amend the Constitu- 
tion." 

The question is upon adjournment. 

The Convention divided. Motion 
to adjourn lost. 

Mr. MAXWELL. Mr. President, I 
offer a proposition to amend the Con- 
stitution. 



SCHOOLS— PUBLIC LIBRARY 



93 



MAX WELL— PHILPOTT 



[June 22 



The Secretary reads the proposi- 
tion as follows: 

The Legislature shall provide a 
thorough and efficient system of free 
schools whereby all children of this 
state shall have a good common 
school education. 

2nd. The Legislature shall pro- 
vide for the establishment, and 
maintenance of the public library in 
each township, precinct and ward, 
and all monies belonging to the pub- 
lic derived from fines, penalties 
or forfeitures shall be apportioned to 
the support of such libraries. 

3rd. There shall be elected four 
regents of the University, whose term 
of office shall be four years; that 
immediately after the first election 
under this Constitution, said regents 
shall be classified by lot so that one 
shall hold for one year: one for two 
years: one for three years and one 
for tour years. And thereafter, one 
of said regents shall be elected at 
the annual election in each year. 
When a vacancy occurs in the office 
of Regents, the Governor shall ap- 
point to fill the vacancy until the next 
general election. The Chief Justice 
of the Supreme Court shall be, Ex- 
Officio, a member of the board of 
Regents. 

4th. The Regents of the Univer- 
sity, and their successors in office, 
shall constitute a body corporate, by 
the name and title of "The Regents 
of the University of Nebraska." 

The Board of Regents shall have 
the supervision of the University, and 
the direction and control of the Uni- 
versity fund, and all expenses there- 
of. 

The Legislature shall provide for 
the establishment, support and main- 
tenance of an Agricultural College 
for instruction in practical agricul- 
ture, and the natural sciences con- 
nected therewith. 

5th. The proceeds from the sale 
of all lands that have been, or here- 
after may be granted by the United 
States to the State for educational 



purposes, shall be held perpetually 
in trust by the State, and shall be 
and remain a perpetual fund which 
shall not be diminished; the inter- 
est and income of which shall be in- 
violably appropriated, and annually 
applied to the support of the schools 
for which the grant was made. 

6th. All lands, the title to which 
shall fail from a defect of heirs shall 
escheat to the State, and the inter- 
est on the proceeds of the sale shall 
be appropriated exclusively to the 
support of common schools. 

Referred to Committee on Educa- 
tion. 

Mr. PHILPOTT. Mr. President, I 
wish to offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That so much of the 
present Constitution as relates to 
the judicial department of the Gov- 
ernment, be referred to the Judicial 
Committee. 

2nd. That so much as relates to 
the Executive department, to the Ex- 
ecutive Committee. 

3rd. That so much as relates to 
the Legislative department to the 
Legislative Committee. 

4th. That so much as relates to 
Finance, to the Committee on Rev- 
enue and Finance. 

5th. That so much as relates to 
Eminent Domain, to the Committee 
on State Lands, other than School 
Lands. 

6th. That so much as relates to 
Education, to the Committee on Ed- 
ucation, School Funds and Lands. 

7th. That so much as relates to 
Corporations in sections 1, 2 and 3 
under that title, be referred to the 
Committee on Miscellaneous Corpor- 
ations, and that section 4 of the 
same title be referred to Committee 
on Municipal Corporations. 

8th. That so much as relates to 
amendments be referred to the Com- 
mittee on Future Amendments. 

9th. That so much as relates to 



94 



ASSESSMENT— CAPITAL PUNISHMENT 



Thursday] 



SPRAGUE—KILBURN— MOORE 



[June 22 



Boundaries, be referred to the Com- 
mittee on Federal Relations. 

lOth. That so much as relates 
to the title"Schedule" be referred to 
the Committee on Schedule. 

And that the said Committees be, 
and they are hereby instructed to 
consider" the same, and to prepare 
and report such amendments as in 
their judgment should be made to 
the Constitution. 

Mr. PHILPOTT. The object of 
that resolution, Mr. President, is, 
that we may bring order out of what 
otherwise may be confusion. When 
the Committees bring in their vari- 
ous reports, we may be able to as- 
certain just how we are getting along 
in the formation of the Constitution. 
It seems to me it ought to be adopt- 
ed. 

Resolution adopted. 

Mr. SPRAGUE. Mr. President, I 
wish to offer a resolution. 

The resolution is read by the Sec- 
retary as follows: 

WHEREAS: Under the Revenue 
laws now in force in this State, it 
not infrequently occurs that the as- 
sessment ?.nd valuation of the real 
estate of different portions of the 
same county, is very disproportionate 
and unequal, therefore. 

RESOLVED: That the Revenue 
and Finance Committee be instructed 
to inquire into the propriety of re- 
porting to this Convention a proposi- 
tion to be engrafted in the Consti- 
tution now being made, requiring 
that the assessment and valuation of 
all the real estate of any one county 
shall be made by one man, and not 
re-valued oftener than once in three 
years. 

Referred to the Committee on Rev- 
enue and Finance! 

Adjouninient. 

Mr. ABBOTT. Mr. President, I 
move we adjourn until ten o'clock 
to-morrow morning. 



The Convention divided and the 
motion was lost. 

Resolutions Again. 

Mr. KILBURN. Mr. President, I 
wish to offer a resolution. 

The Secretary reads the resolution 
as follows: 

RESOLVED: That the property 
of the State, counties, and other mu- 
nicipal corporations, both real and 
personal, and such other property, 
as may be used exclusively for ag- 
ricultural and horticultural societies, 
for school, religious, cemetery and 
charitable purposes, may be exempt- 
ed from taxation; but such exemp- 
tion shall be only by general law. 

PROVIDED: That not more than 
ten thousand dollars of property of 
any church corporation shall be ex- 
empted from taxation. In the as- 
sessment of real estate incumbered 
by public easement, any depreciation 
occasioned by such easement may be 
deducted in the valuation of such 
property. 

Referred to Committee on Bill of 
Rights. 

Mr. MOORE. Mr. President, I 
wish to offer a resolution. 

The Secretary reads the resolution 
as follows: 

RESOLVED: That the Committee 
on Bill of Rights take into consider- 
ation the propriety of placing in the 
Constitution a provision prohibiting 
capital punishment in this State, and 
substituting therefor, imprisonment 
for life, said provision to remain in 
full force for the term of five years 
from the adoption of the Constitu- 
tion. 

Referred to the Committee on Bill 
of Rights. 

Ad.journnjent Again. 

Mr. CAMPBELL. Mr. President,! 
move we adjourn until to-morrow 
morning at ten o'clock. 

The Convention divided, and the 



JUDICIAL ELECTION— STATE OFFICES 



95 



CURTIS— WAKELEY—ESTABROOK 



[June 22 



motion was lost. 

Resolutions Again. 

Mr. CURTIS. Mr. President, I 
have a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the Grand 
Jury system in this State be abolish- 
ed. 

Referred to the Committee on Bill 
of Rights. 

Adjournment Again. 

Mr. LEY. Mr. President, I move 
we adjourn until to-morrow morning 
at ten o'clock. 

The Convention divided and the 
motion lost. 

Resolutions Again. 

Mr. WAKELEY. Mr. President, I 
wish to offer a resolution. 

The Secretary read the resolution 
as follows: 

WHEREAS; It is desirable that 
the choice of Judges should be re- 
moved as far as practicable from 
party or political influence. 

RESOLVED: That it should be 
provided in the Constitution, that 
Judges shall not be chosen at any 
general election, or within sixty days 
next before, or next after a general 
election. 

2nd. RESOLVED: That provision 
should be made, authorizing the Leg- 
islature to establish in cities having 
a population of over ten thousand, 
municipal courts with limited civil 
and criminal jurisdiction. 

Referred to the Committee on Ju- 
diciary. 

Mr. WILSON. Mr. President, I 
desire to offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That no person shall 
be eligible to the office of governor, 



or lieutenant governor, who shall not 
have attained the age of 30 years, 
and been for five years next proceed- 
ing his election, a citizen of the Unit- 
ed States and of this State. Neither 
the governor, lieutenant governor, 
auditor of public accounts, secretary 
of state, superintendent of public in- 
struction nor attorney general shall 
be eligible to any other office during 
the period for which he shall have 
been elected. 

Referred to Executive Commit- 
tee. 

Adjoui-nnient Again. 

Mr. STEWART. I move we ad- 
journ until to-morrow morning at 
ten o'clock. 

Mr. ESTABROOK. Mr. President, 
I would like to offer a resolution be- 
fore the motion to adjourn is put, if 
I may have leave. "(Leave," 
"Leave.") 

The Secretary read the resolution 
as follows: 

RESOLVED: That the acting 
Governor be requested to furnish, for 
the use of this Convention a state- 
ment of all the proceedings had in re- 
lation to the selection of the Agricul- 
tural College Lands, so far as such 
proceedings appear among the re- 
cords of the Executive office; or so 
far as they may have come to his 
knowledge from other sources. 

Mr. ESTABROOK. I move the ad- 
option of the resolution. 

The motion was agreed to. 

Mr. NELIGH. I ask leave to offer 
a resolution. ("Leave.") 

The Secretary read the resolution 
as follows; 

WHEREAS; That the State of 
Nebraska is nearly entirely depend- 
ent on its agricultural resources, and 
as the products of its Foil requires 
cheap and easy transportation to its 
different markets; and Whereas rail- 
roads are more convenient and su- 



96 



RAILROAD BONDS— PRINTING 



Friday] 



BOYD- PHILPOTT— C A MPBELL 



iJuDe » 



perior than other class of communi- 
cation, therefore be it 

RESOLVED: That the Constitu- 
tion contain under its appropriate ar- 
ticle, a section No — , that counties, 
precincts, cities and towns may issue 
bonds for the encouragment of rail- 
roads by stock, or donation, not ex- 
ceeding 15 per cent of its assessed 
valuation said bonds shall in no case 
exceed 8 per cent. 

Mr. BOYD. I move the resolution 
be referred to Committee number 12, 
(County and Municipal Indebted- 
ness.) 

The resolution was so referred 
NEM. CON. 

The PRESIDENT. The question is 
upon the motion of the gentleman 
from Pawnee, (Mr. Stewart.) to ad- 
journ until to-morrow morning at 
ten o'clock. 

The motion to adjourn was agreed 
to. 

So the Convention (at twelve 
o'clock and four minutes) adjourned 



NINTH DAY. 

Friday June 2 3, 1871. 
The Convention met at ten o'clock 
a. m. and was called to order by the 
President. 

Prayer. 

Prayer was offered by Rev. L. B. 
Fifield, of Lincoln, as follows: 

Oh Lord, we bless Thee for Thy 
loving kindness and for Thy truth. 
Wilt Thou be pleased in peace and 
safety to "keep us this day. Wilt Thou 
send divine wisdom into all the 
earth; with new songs may men 
praise Thee, and may sin shrink af- 
frighted from our hearts and truth 
be foremost everywhere. Amen. 



Leave of Absence. 

Mr. SCOFIELD. I ask leave of 
absence for Mr. Woolworth until to- 
morrow morning. 

Leave granted NEM. CON. 

Mr. PHILPOTT. I ask leave of 
absence for Mr. Robinson until to- 
morrow morning. 

Leave granted NEM. CON. 

Reading of Journal. 

The Secretary read the last day's 
proceedings which were approved. 

Mr. PHILPOTT. Mr. President, I 
wish to offer a resolution with refer- 
ence to the Rev. Mr. Fifield, who has 
been acting as Chaplain. 

Mr. MYERS. Mr President, let 
it come under the rtgular order of 
the day. 
Reports fi'om .Standing Committees. 

The PRESIDENT. The reports of 
standing committee will be called in 
order. 

Mr. CAMPBELL. Mr. President, I 
wish to submit a report from the 
Committee on Printing and Binding. 

The Secretary read the report as 
follows: 

Mr. President. Your Committee 
on Printing and Binding, to whom 
was referred the resolution to adver- 
tise for bids for incidental printing 
beg leave to report that the Commit- 
tee has performed said duty. 

J. C. C.\MPBELL, 

Chairman. 

Report received. 

Resolutions. 

Mr. STEWART. Mr. President. I 
have a resolution to offer. 

The Secretary read the resolution 
as foUowsi 

RESOLVED: That the Constitu- 
tion be so amended that there shall 
be five districts of the Circuit Court 



JUDICIAL DISTRICTS— WORD "MALE" 



97 



Friday] 



STEVENSON— PARCHEN—PHILPOTT 



[June 23 



in this state, as follows: 

First District — Richardson, Paw- 
nee, Johnson, Gage, Jefferson, Thay- 
er, Nuckolls, Webster, Franklin, Lin- 
coln, Grant and Jackson counties. 

Second District — Otoe, Nemaha 
and Lancaster counties. 

Third District — Cass, Sarpy, Saun- 
ders, Seward, Saline, Butler, Polk, 
York, Fillmore, Clay, Hamilton, Ad- 
ams and Kearney counties. 

Fourth District — Douglas and 
Dodge counties. 

Fifth District — Washington, Burt, 
Cuming, Dakota, Dixon, Cedar, 
L'Eau qui Court, Holt, Pierce, 
Wayne, Madison, Stanton, Colfax, 
Platte, Merrick, Hall, Boone, Greeley, 
Howard, Buffalo, Sherman, Valley, 
Dawson. Harrison, Monroe, Taylor, 
Lyon and Cheyenne counties, and 
that judges for the above districts 
be elected at the same time that the 
Constitution is submitted for adop- 
tion or rejection. 

Mr. STEWART. Mr. President, I 
move the report be referred to the 
Judiciary Committee. 

Motion agreed to. 

Mr. STEVENSON. Mr. President, 
I wish to offer a resolution. 

The Secretary read the resolution 
as follows: 

WHEREAS; God in His divine 
goodness, after He had created man 
and placed him in the garden of 
Eden, saw that he was lonely and 
down hearted, whereupon He created 
woman in order that he might have 
a partner in the trials and tribula- 
tions of this life; therefore be it 

RESOLVED: That in order to 
perpetuate that divinity intended 
partnership, to secure domestic tran- 
quility to ourselves and posterity, 
that the word "male" be never strick- 
en from the Constitution of the State 
of Nebraska. 

Mr. STEVENSON. Mr. President, 
I move its reference to the Committee 



on Suffrage. 

Motion agreed to. 

Mr. PARCHEN. Mr. President, I 
offer this resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the Sergeant- 
at-arms be ordered to make out and 
have printed for the use of the Con- 
vention 200 copies of an accurate 
statement of the name, age. occupa- 
tion, place of birth, postoffice, and 
whether married or single of the del- 
egates and officers of this Convention. 

Mr. HASCALL. I move its refer- 
ence to the Sergeant-at-arms. 

Motion agreed to. 

Mr. WAKELEY. I move the ages 
of unmarried persons be omitted. 

Mr. McCANN. Mr. President, 
This may be treated as a matter of 
levity, but it has an object in view. 
I would oppose the motion, and state 
this object is to arrive at the ages. 

Mr. PHILPOTT. Mr. President, I 
have a resolution. 

The Secretary read the resolution 
a.T follows: 

WHEREAS: It is becoming in a 
people to recognize Almighty God in 
their civil and political capacities as 
a sovereign society, and eminently 
proper that the delegates of the peo- 
ple who are assembled to frame for 
such people a fundamental law for 
their government, should seek and 
ask for the guidance and blessings 
of Him who presides over the destiny 
of nations; and 

WHEREAS: L. B. Fifield has 
thus far through the proceedings of 
this Convention daily waited upon 
the same, and acted for it in the 
capacity of chaplain; therefore be it 

RESOLVED: That the Rev. L. B. 
Fifield for his said services receive 
the thanks of this Convention, and 
that he be elected by acclamation, 
chaplain of the same; and that he be 



98 



ELECTION OF CHAPLAIN 



PHILPOTT-MAXWELL-KIRKPA TRICK 



[June 23 



paid for his services as such the 
same pay per diem allowed members 
of the Convention. 

Mr. GRENELL. Mr. President, I 
see no necessity for this action, for 
the Convention has already taken 
action upon the matter. . 

Mr. PHILPOTT. Mr. President, 
the object of the resolution is this — 
It is true some action was taken by 
the Convention with regard to this 
matter, but it was merely the pas- 
sing of a resolution asking that the 
clergymen of the city of Lincoln 
meet and arrange for some minister 
to perform this duty. Now, I am In- 
formed that this meeting was not 
held, for some reason. Through the 
kindness of Mr. Fifield we have not 
been left without a chaplain, but he 
has come here and opened the exer- 
cises with prayer, each day. I think 
we have no right to ask him to do 
this for nothing. We are able to 
pay for this service, and we ought 
to pay for it. 

Mr. GRENELL. I would only ask 
the gentleman from Lancaster (Mr. 
Philpott), to amend the preamble 
so that it show why this action Is 
taken. 

Mr. MAXWELL. Mr. President, 
1 certainly do not oppose the propo- 
sition to pay a chaplain but, at the 
same time, there is no evidence be- 
fore this Convention that the other 
clergymen refuse to act. Has there 
been a Committee appointed to wait 
upon them and inform them of the 
action of the Convention, and they 
have refused to act? Now, then, It 
we vote this resolution, it in effect, 
says that the other clergymen of this 



city have refused to comply with the 
request of the Convention. It seems 
to me that, by that vote, we are 
placing ourselves in a false position. 
Until we know they refuse to act, 
we have no right to vote in this 
way. If Mr. Fifield Is the only man 
who will officiate, then we should 
vote to pay him. I hope the resolu- 
tion will not be adopted until we 
know the other clergymen refuse to 
act. 

Mr. PHILPOTT. Mr. President, 
by leave of my second I will with- 
draw my motion until the matter is 
inquired into, although I am certain 
I am right about the action taken by 
the clergymen of this city; but yet, 
not to reflect upon the clergy, I will 
withdraw for the present. 

Mr. KIRKPATRICK. It will be 
remembered there was early action 
taken by this Convention with regard 
to a Chaplain. It was deemed by this 
Convention a courtesy to all the 
members of the clergy of this city, to 
ask them to arrange the matter of 
officiating here, among themselves. 
I recollect seeing in the papers of this 
city, a call, to his brother clergy- 
men, signed by Mr. Fifield, and that 
two ministers have officiated here 
and perhaps three. It may be there 
has been action taken, and that our 
present Chaplain is merely doing his 
part of the duty. I am opposed to 
this Convention going back on its 
own action. 

Mr. CAMPBELL. Mr. President, I 
rise to a point of order. Is there a 
question before the house? 

The PRESIDENT. There is. 

Mr. CASSELL. I believe the resolu- 
tion invited the ministers to offlcl- 



ELECTION OF CHAPLAIN 



99 



I^riday] 



MYERS— PHILPOTT— STEVENSON 



[June 23 



ate but there was no Committee ap- 
pointed to invite them, and they have 
had no official notification of this res- 
olution. 

Mr. MYERS. Mr. President, I, 
for one, do not think it is right for 
this Convention to go about begging 
this service. I think it is right for 
this Convention to employ a minister 
to open our sessions with religious 
■exercises, and pay him for it. We 
have invited the clergy of this city to 
make arrangements among them- 
selves, by which we will have prayer 
here, no one has responded to that 
invitation except Father Fifleld, ex- 
cept one gentleman who officiated ait 
the request of the President. Now 
I am in favor of having prayer, as 
is the custom in bodies of this char- 
acter, and that our Chaplain shall 
be an officer here, and have the 
rights of the floor. Let us have our 
minister, and not go around here 
begging these services. 

Mr. PHILPOTT. Mr. Presidents I 
will say that I have amended my res- 
olution. I will take the responsibil- 
ity of it, and I offer it as amended. 

The PRESIDENT. The Secretary 
will read the resolut;ion as amended. 

The Secretary read the resolution 
as follows: 

WHEREAS: It is becoming in a 
people to recognize Almighty God, 
in their civil and religious capacities 
as a sovereign society, and eminently 
proper that the delegates of a peo- 
ple who are assembled to frame for 
such people a fundamental law for 
their government, should seek and 
ask for the guidance and blessings 
■of Him who presides over the destiny 
■of Nations; 

AND WHEREAS the ministers of 
JLincoln, though requested by the 



Convention, have not arranged for 
prayer for this Convention, 

AND WHEREAS L. B. Fifield has, 
thus far through the proceedings of 
this Convention, daily waited upon 
the same and acted for it in the ca- 
pacity of Chaplain, therefore 

BE IT RESOLVED: That Rev. L. 
B. Fifield, for his said services, re- 
ceive the thanks of this Convention, 
and that he be elected by acclama- 
tion. Chaplain of the same and that 
he be paid for his services as such, 
the same pay per diem, allowed mem- 
bers of this Convention. 

Mr. STEVENSON. Mr. Presi- 
dent if we are to elect a Chaplain for 
this Convention I would move that 
the resolution be amended, and have 
him elected by ballot. There may be 
some difference of opinion as to who 
shall officiate. Therefore I move we 
proceed to elect a Chaplain by bal- 
lot. 

Mr. MYERS. Mr. President I de- 
sire to speak. The clergymen of the 
town were requested by this Conven- 
tion to appear here and officiate at 
the opening of our sessions. The no- 
tice was duly published, but none 
came save the Rev. Mr. Fifield. He 
came here not expecting pay, and has 
continued to officiate as Chaplain of 
this body without money and without 
price. 

The PRESIDENT. I will say, 
gentlemen, that I have inquired into 
the matter, and this gentleman (Mr. 
Fifield) is the only one who seemed 
disposed to officiate. The question 
is upon the amendment. 

Mr. ABBOTT. Mr. President, I 

think it is eminently proper that this 

Convention should open with prayer, 

and I am in favor of the resolution. 

The PRESIDENT. Will not the 



100 



CHAPLAIN— PRINTING JOURNAL 



.Friday] 



ES TA BROOK— LAKE— W A KELEY 



(June 23 



gentleman from Lancaster (Mr. Phil- 
pott) amend his resolution so as to 
elect by ballot? 

Mr. PHILPOTT. Yes sir. 

Mr. THOMAS. I would like to 
know, Mr. President — how the reso- 
lution will then read. 

Mr. MYERS. Mr. President, I 1 
will move to strike out all after the 
word "Resolved" and that we now 
proceed to the election of a Chaplain. 

Motion agreed to. 

The PRESIDENT. The question is 
upon the resolution as amended. 

Mr. TOWLE. Mr. President, I 
move that we strike out all the 
"Whereaseas's." 

The PRESIDENT. The question is 
upon the motion of the gentleman 
from Richardson, (Mr. Towle) to 
strike out all the wherease's — the 
preamble. 

Motion agreed to. 

The PRESIDENT. The question 
is upon the adoption of the resolution 
as amended. The "Ayes" and 
"Nays" have been called for. 

Mr. THOMAS. I withdraw the de- 
mand for the "ayes" and "nays" 

The Secretary read the resolution 
as amended as follows: 

RESOLVED: That this Convention 
do now proceed to the election of a 
Chaplain. 

The resolution was agreed to. 

The vote was taken with the fol- 
lowing result. 

Rev. Fifield 43 

Rev. Peck 1 

Rev. Lemon 1 

Rev. Dungan 1 

Rev. Young 1 

Mr. Philpott 1 

Blank 1 

Total 49 



The PRESIDENT. Rev. L. B. Fi- 
field having received forty-three 
votes, is elected. 

Printing of Reports. 

Mr. ESTABROOK. Mr. President, 
this was laid on my desk, it is the 
report of the Executive Committee. 
It appears to have been printed in 
newspaper form. I think that by 
the motion to print, it was intended 
to be printed in bill form in order 
that it might be amended. I move 
you, Mr. President, that this report 
and all other reports from Commit- 
tees as articles of the Constitution, 
be printed in bill form. 

Mr. LAKE. The report ought also 
to be corrected as the heading reads 
"Report from the JUDICIARY Com- 
mittee." It should be the EXECU- 
TIVE. 

The motion of Mr. Estabrook was 
agreed to. 

Mr. WAKELEY. Mr. President, 
I offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the journal of 
the proceedings of each day shall be 
printed in time to allow a copy to 
be placed on the desk of members 
before the opening of the session on 
the succeeding day. 

The PRESIDENT. The question 
is upon the adoption of the resolu- 
tion. 

Mr. WAKELEY. The object I 
have in offering this resolution is 
this: Considerable time is occupied 
each morning by the reading of the 
journal, and this time may be saved 
by having the journal printed and 
placed upon the desks, and it will 
give us a better chance to make tlie 



PRINTING DAILY JOURNAL 



101 



Friday] 



LAKE— ESTABROOK-KIRKPA TRICK 



[June as 



necessary corrections. I don't think 
it would cost mucti. 

Mr. LAKE. It seems to me we 
would incur a good deal of expense 
if we should adopt this plan. It 
seems to me if we are all here at 
the reading of the journal in the 
morning, each one can see whether 
the journal is correct in that which 
he has offered and save the expense 
of printing. I would like to know if 
the gentleman who introduced the 
resolution is informed what the ex- 
pense would be? 

Mr. WAKELEY. I am not so in- 
formed, but I would suggest that it 
might be referred to the Committee 
on Printing to ascertain the cost. 

Mr. KIRKPATRICK. Mr. Presi- 
dent, if the resolution is passed and 
the plan of the gentleman from 
Douglas (Mr. Wakeley) is followed, 
it will conflict with the rule of the 
Convention that the journal shall be 
read each morning. 

Mr. CAMPBELL. Mr. President, 
I do not see any necessity for refer- 
ring that to the Committee on Print- 
ing. That Committee is now pretty 
well informed, it will cost $2 5 to 
$30 per day. If the Convention sees 
fit to go into that additional expense, 
they can do so now without referring 
to the Committee. 

Mr. ESTABROOK. Perhaps Tt 
might cost $2 5 per day if all the res- 
olutions offered here were printed 
entire, which would not be necessary, 
but that there could be a saving of 
time to compensate for the addition- 
al expense. I have no doubt what- 
ever, that it would be much more 
convenient, and that the record could 
be made more accurate. The jour- 



nal is read now, members' attention 
is turned away, and they do not 
catch everything. If it is laid on our 
table every morning we can ascertain 
whether it is correct. I move this 
amendment, that is shall be done 
under the direction of the Printing 
Committee and that they strike 
out all that is not necessary to be 
printed, print simply notes or a 
sketch of the journal and that they 
exclude all they do not think neces- 
sary. 

Mr. KIRKPATRICK. I do not 
agree that somebody shall be em- 
powered to revise and curtail our 
part of the journal: I think the res- 
olutions proposed are the most im- 
portant part of the journal; very often 
I cannot hear the resolution read, but 
I will state right here this whole 
thing is imperfect. We ought to cor- 
rect the journal. Suppose we adjourn 
this afternoon, the clerk then has to 
make up the journal, and the Presi- 
dent examines to see if correct. It 
then goes to the Committee on Print- 
ing, and they will decide what por- 
tion of it is to be printed, and it 
comes back the day after to-morrow. 
It cannot be laid on our table to-mor- 
row morning and when we do get 
it it is no use to us. I have been in 
bodies where this has been tried, 
and it never amounted to any- 
thing. 

Mr. TOWLE. Mr. President, It 
appears to me this resolution should 
not pass the Convention. The idea 
advanced by the mover of the resolu- 
tion was simply that it should be 
passed as a mere matter of economy. 
Now it has been told us by one gen- 
tleman on the Printing Committee 



102 



PRINTING DAILY JOURNAL 



Frida; 



TOWLE-NEWSOM-MASON 



[June 23 



that the cost would be $25 to $30 
each journal, and the query Is 
whether we had better sit half an ! 
hour to hear the journal read, which 
will come directly from the lips of 
the clerk, and we shall know if it is 
perfectly true, whether we. shall 
spend half an hour of the whole 
house hearing that journal read or 
whether we shall spend this money 
in getting it printed. When we ap- 
prove the journal what do we ap- 
prove, the printed copy or the journal 
as it exists in the notes of the clerk? 
Then, suppose, in the amendment of 
the gentleman from Douglas (Mr. Es- 
tabrook), which destroys, to a certain 
extent, the whole character and prin- 
ciple which was involved in the first 
resolution, which is that it should 
be only a transcript, and only an ab- 
stract — we pass upon it not knowing 
the contents of the abstract, and cer- 
tainly not the original journal, so 
that the object of the first resolution 
is gone, and we are expending a vast 
amount of money for adopting the 
amendment and knowing scarcely 
anything whatever in relation to the 
proceedings. It now takes the clerks 
until nearly twelve and one o'clock 
at night to make up these Journals. 
If we are going to have this print- 
ed, or an abstract, it would take an 
additional clerk to prepare that jour- 
nal to be printed the next morn- 
ing. It woulcl entail a vast amount 
of labor upon these clerks, or it 
would necessitate the immediate em- 
ployment of other clerks, which I do 
not believe in on account of the ex- 
pense. I am, therefore, opposed 
to the resolution. 

Mr. NEWSOM. I understand the 



question to be on the resolution. 

Mr. TOWLE. I do not understand 
that. I understood the amendment 
was simply that the printing of the 
journal should be under the direc- 
tion of the Chairman of the Com- 
mittee on Printing. 

The PRESIDENT. That was the 
amendment. 

Mr. MASON. I desire to enquire 
what the Chair stated the question 
was before the house. 

The PRESIDENT. The motion of 
the gentleman from Douglas (Mr. 
Estabrook) was to commit the reso- 
lution to the Standing Committee. 

Mr. MASON. Permit nie to enquire 
if a motion to commit does not take 
precedence of the motion to amend? 

The PRESIDENT. Yes sir, but I 
did not understand there was a mo- 
tion to commit. 

Mr. MASON. The gentleman from 
Douglas (Mr. Wakeley) made the 
motion to commit. He moved to 
commit the resolution to the Com- 
mittee on Printing. 

The PRESIDENT. I will read you 
what I have here. Mr. Estabrook 
moved to amend that it be done un- 
der the direction of the Committee 
on Printing. 

Mr. MASON. I am not responsible 
for the notes of Mr. President. Mr. 
Wakeley moved to commit the reso- 
lution to the Committee on Printing. 
Afterward the gentleman from Doug- 
las (Mr. Estabrook) moved to 
amend. I now enquire whether the 
question is not on the motion to com- 
mit. 

The PRESIDENT. I did not un- 
derstand the gentleman from Doug- 



RAILROADS— APPORTIONMENT— NTL. CAPITOL 10c 



Friday] 



VIFQUAIN-NELIGH— GRENELL 



IJime 23 



las (Mr. Wakeley) to make the mo- 
tion to commit. 

Mr. WAKELEY. My best recollec- 
tion is that I did not make the mo- 
tion. I suggested that it should be 
referred to the Committee on Print- 
ing for that purpose. I do not think 
I made a motion. 

Mr. MASON. I seconded the mo- 
tion and so understood it. I move 
to commit the whole subject to the 
Committee on Printing. 

The motion was agreed to. 

Mr. VIFQUAIN. I have a resolu- 
tion. 

The resolution was read by the 
Secretary as follows: 

WHEREAS; It is dangerous to the 
safety of our institutions to allow 
Railroad monopolies to get control 
of all the roads in our State, and 

WHEREAS: by the immense land 
grants given from our State by the 
Federal Government to the Union 
Pacific and B. & M. R. R.. it is evi- 
dent that said two corporations are 
in a fair way to control the traffic 
of this State, be it hereby 

RESOLVED: That the Railroad 
Committee are requested to submit 
to this Convention, at their earliest 
convenience a section to be incorpor- 
ated in our Constitution, specially 
calculated to reach these two giant 
corporations, and thereby save the 
welfare of our people in the future. 

Mr. VIFQUAIN. I move the adop- 
tion of the resolution. 

Mr. HASCALL. Mr. President, I 
claim it is a proposition which ought 
to be referred to the Committee on 
Railroads. X move its reference to 
that Committee. 

The motion was agreed to. 

Mr. NELIGH. Mr. President, I 
desire to offer a resolution. 



The Secretary read the resolution 
as follows: 

WHEREAS; That when we en- 
tered the Union of States our Con- 
stitution provided that the Legisla- 
ture should consist of a Senate of 
thirteen members, and a House of 
Representatives of thirty members, 
with only a population of about forty 
thousand, and mostly confined to 
twenty counties, and 

WHEREAS; We have now a popu- 
lation of about one hundred and 
forty thousand and distribution is 
about forty-two organized counties 
therefore 

RESOLVED: That the Constitu- 
tion be so amended that the Legis- 
lature consist of a Senate of not less 
than twenty-seven members and a 
House of Representatives not less 
than eighty-one members. 

Mr. TV'AKELY. Mr. President, I 
move its reference to the Legislative 
Committee. 

The motion was agreed to. 
Mr. GRENELL. Mr. President, I 
beg leave to offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That in case the 
Government of the United States 
shall at any time hereafter desire to 
remove the National Capitol to with- 
in this State the Legislature may 
cede to the United States, jurisdic- 
tion over any district not exceeding 
one hundred square miles, wherever 
the government of the United States 
mayselect, provided such grant shall 
take effect only on the removal of 
the National Capitol to such district. 
Mr. GRENELL. I move it be re- 
ferred to the Committee on Federal 
Relations. 

Mr. WEAVER. I have a resolu- 
tion. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the Committee 



104: 



TAX LIMIT— EAILROADS— JUDICIARY 



Friday] 



WEAVER— BOYD-MANDERSON 



on Revenue and Finance be request- 
ed to inquire into the expediency of 
inserting a clause into the Consti- 
tution, limiting taxes in the aggre- 
gate for county and State purposes 
to two per cent, on the assessed val- 
uation of the property of the State. 

Mr. WEAVER. Mr. President, I 
move the resolution be referred to 
the Committee on Revenue and Fi- 
nance. 

Motion agreed to. 

Mr. BOYD. Mr. President, I have 
a resolution to offer. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the Committee 
on Judiciary be and they are here- 
by instructed to report to this Con- 
vention, whether it is competent for 
this Statef by its Constitution, to re- 
quire railroads chartered by the Gen- 
eral Government to have and main- 
tain a public oiBce in this State 
where transfers of .stock shall be 
made and in which shall be kept 
for public inspection, books, in which 
shall be recorded the amount of cap- 
ital stock subscribed and by whom; 
the names of the owners of its stock 
and the amounts owned by them 
respectively: the amount of stock 
paid in and by whom; the transfers 
of said stock; the amount of its 
assets and liabilities, and the name 
and place of the residence of officers. 
Also, whether such railroad compan- 
ies shall be compelled to annually 
make a report, under oath, to the Au- 
ditor of Public Accounts, of all their 
acts and doings. 

Mr. BOYD. Mr. President, I 
move the adoption of the resolution. 

Motion agreed to. 

Mr. MANDERSOX. Mr. Presi- 
dent, I desire to offer a resolution, 
which I move be referred to the 
Committee on Judiciary, without be- 
ing read. 

Motion agreed to. 



The following is the resolution of 
Mr. Manderson. 

RESOLVED: That the Commit- 
tee of Judiciary be instructed to take 
into consideration the advisability of 
embodying the following Article in 
the Constitution, (filling the blanks 
in section 8) under the head of "Ju- 
dicial Department." 

ARTICLE. 
JUDICIAL DEPARTMENT. 

SECTION' 1. The Judicial powers 
of the State shall be vested in one Su- 
preme Court, Circuit Courts, Courts 
of Common Pleas, Probate Courts, 
Justices of the Peace, and such in- 
ferior Courts as the Legislature may 
from time to time establish. 

Sec. 2. The Supreme Court shall 
consist of three (3) Judges, any two 
of which shall constitute a quorum, 
and shall hold at least two terms at 
the seat of Government of the 
State annually, and such other terms 
there and elsewhere as may be pro- 
vided by law. 

Sec. 3. The Supreme Judges shall 
be elected by the electors of the 
State at large, at a special election 
called for the purpose. Those first 
elected shall hold their office for 
three (3), six (G) and nine (9) 
years; the term of each respectively 
to be decided by lot, and after said 
election, one Judge shall be elected 
every three years. The judge having 
the shortest term to serve shall be 
Chief Justice during the remainder 
of his term of office. 

Sec. 4. The Supreme Court shall 
have original jurisdiction in quo war- 
ranto, mandamus, habeas corpus, and 
such cases of impeachment as may 
be required to be tried before it, and 
such appellate jurisdiction as may 
be provided by law. 

Sec. o. From and after the adop- 
tion of this Constitution, the Judges 
of the Supreme Court, shall each re- 
ceive a salary of $5,000.00 per an- 
num, payable quarterly. 

Sec. G. The Supreme Court shall by 



MANDERSON'S JUDICIARY REPORT 



105 



[June 23 



general rules, establish, modify and 
amend its practice, and may also 
make all rules that may be necessary 
for the exercise of its appellate juris- 
diction, and have a general superin- 
tending control over all inferior 
courts and tribunals; shall appoint 
one reporter of its decisions, and one 
clerk, who shall hold their offices 
for nine years, subject to removal 
by the court. 

Sec. 7. The State Circuit Court 
shall be divided into three (3) Judi- 
cial Circuits, in each of which the 
electors thereof shall elect one Cir- 
cuit .ludge, who shall hold his office 
for the term of six years and until 
his successor is qualified. 

Sec. 8. The Counties of 



shall constitute the 1st Judicial Cir- 
cuit: the Counties of the 

2nd Judicial Circuit; and the Coun- 
ties of the 3rd Judicial 

Circuit. 

Sec. 9. The three Circuit Court 
Judges shall constitute a quorum; 
they shall hold two terms each year, 
in each circuit, at such times and 
places as maj' be provided by law. 

Sec. 10. The Circuit Courts shall 
have like original jurisdiction with 
the Supreme Court and such appel- 
late jurisdiction as may be provided 
by law. It shall have jurisdiction by 
appeal in all cases in law, where the 
amount involved is $300.00 and 
over, when full security, in double 
the amount of the judgment and 
costs is given by the party appealing. 

Sec. 11. The Circuit Judges shall 
each receive a salary of $4,000.00 
per annum, payable quarterly. 

Sec. 12. They shall appoint one 
clerk in each Judicial Circuit who 
shall hold his office for six (6) years, 
unless removed by them, and shall 
select one of their number as presid- 
ing Judge. 

COMMON PLEAS COURT. 

Sec. 13. The Common Pleas Court 
of the State shall consist in num- 
ter of as many as it may require 



to give one to each 20,000 inhabi- 
tants of the State, and the Common 
Pleas Districts shall be as required 
by law; Provided that contiguous 
counties and compact territory shall 
comprise said districts; that the 
county of Douglas shall constitute 
one district and that they shall be 
bounded by county lines. No altera- 
tion or change of any District shall 
be made which will affect the tenure 
of office of any Common Pleas Judge. 

Sec. 14. There shall be elected by 
the electors thereof, one Common 
Pleas Judge in each Common Pleas 
District, who shall hold his office for 
the term of four (4) years, and re- 
ceive a salary of $3,000.00, payable 
quarterly. 

Sec. 15. The original jurisdiction 
of the Common Pleas Courts shall 
extend to all matters, civil and crim- 
inal, to cases in equity and law, 
where the amount involved is over 
$100; and such appellate jurisdiction 
as may be provided by law. 

Sec. 16. The number of terms and 
times and places of holding the Com- 
mon Pleas Courts in the different 
counties forming the Common Pleas 
Districts shall be as provided by 
law. 

Sec. 17. Each Common Pleas 
Court shall have one clerk; to hold 
his office for four (4) years; to be 
appointed by the judge thereof, and 
to be subject to his removal. 

Sec. IS. The Common Pleas 
Judges of the State shall meet once 
in two years, to establish uniform 
rules of practice in their Courts and 
to modify the same. 

Sec. 19. There shall be established 
in each county a Probate Court, 
which shall be a Court of Record, 
open at all times and holden by one 
Judge, elected by the voters of the 
county who shall hold his office for 
the term of three years and shall re- 
ceive such compensation, payable 
out of the county Treasury or by 
fees, or both, as shall be provided by 
law, provided, however, that in no 



106 



MANDERSON'S JUDICIARY REPORT 



Friday] 



IJune S) 



case shall the said compensation ex- 
ceed $2,500.00. 

Sec. 20. The Probate Court shall 
have jurisdiction in Probate and Tes- 
tamentary matters, the appointment 
of administrators and guardians; 
the settlement of the accounts of ex- 
ecutors, administrators and guardi- 
ans: the issuing of marriage licences, 
and for the sale of land by executors, 
administrators and guardians, and 
the same jurisdiction as to the trial 
of civil cases as is provided herein for 
Justice of the Peace. 

JUSTICE OP THE PEACE. 

Sec. 21. There shall he six Jus- 
tices of the peace in each county, who 
shall be elected by the electors of 
the county, and hold their office for 
three years and until their succes- 
sors are qualified. The Legislature 
may increase the number of Justices 
in towns and cities, not to exceed 
one for each 5.000 inhabitants. 

Sec. 22. Justices of tne Peace 
shall have such civil and criminal 
jurisdiction in minor offences, and 
perform such duties as may be pro- 
vided by law. 

Sec. 2 3. They shall have origi- 
nal jurisdiction in all cases in law 
where the amount involved is $100 
and under; and concurrent jurisdic- 
tion with the Probate and Common 
Pleas Courts where the sums invol- 
ved in such causes is $300, and un- 
der. 

Sec. 2 4. Judges of the Supreme. 
Circuit, Common Pleas, and Probate 
Courts shall be in-eligible to any 
other than the Judicial office, during 
their continuance therein; except 
that they serve, when lawfully elect- 
ed as members of conventions to al- 
ter or revise the Constitution of the 
State. They shall receive no fees 
or perquisites other than as provided 
herein, and their salaries shall not 
be increased or diminished during 
the term for which they shall have 
been elected. 

Sec. 2 5. Supreme, Circuit, and 



Common Pleas Judges shall be elect- 
ed at a special election not to be 
held within sixty days of a general 
election. 

Sec. 2 0. In case the office of any 
Judge shall become vacant before 
the expiration of the regular term 
for which he was elected, the vacan- 
cy shall be filled by appointment by 
the Governor until a successor is 
elected at a special election called 
for the purpose which election shall 
be so called within sixty days after 
such vacancy. 

Sec. 27. Two-thirds of the mem- 
bers elected to each House of the 
Legislature may require the opinion 
of the Supreme Court upon impor- 
tant questions of Constitutional law. 

Sec. 2S. Judges may be removed 
from office by concurrent resolution 
of both Houses of the Legislature, if 
two-thirds of the members elected 
to each House, concur therein; but 
no such removal shall be made ex- 
cept upon complaint, the substance 
of which shall be entered upon the 
Journal, nor until the party charged 
shall have had notice thereof and an 
opportunity to be heard. 

Sec. 2 9. All process, writs, and 
other proceedings shall run in the 
name of "The people of the State of 
Nebraska." 

Sec. 30. All officers provided for 
in this Article shall respectively re- 
side in the circuit. District, or county 
for which they may be elected, or 
appointed. 

Mr. MAXWELL. Mr. President, I 
wish to offer, and I move its refer- 
ence to the Committee on Judiciary, 
without being read. 

Motion agreed to. 

The following is the resolution of 
Mr. Maxwell. 

ARTICLE. 

JUDICIAL. 

1st. The Judicial power of the 

State shall be vested in a Supreme 

Court, in District Courts. Count>' 



MAXWELL'S JUDICIARY REPORT 



107 



Friday] 



Courts. Justices of the Peace, and 
such inferior Courts as the Legisla- 
ture maj' establish. 

2ncl. The Supreme Court shall 
consist of at least three Judges, two 
of whom shall constitute a quorum, 
or to pronounce a decision. It shall 
have original jurisdiction in quo war- 
ranto, mandamus, habeas corpus, and 
such appellate jurisdiction as may be 
provided by law. It shall hold at 
least two terms in each year at the 
seat of government, and such other 
terms as may be provided by law. 
The Judges of the Supreme Court 
shall be elected by the electors of 
the State at large. The Judges of 
the Supreme Court shall immediately 
after the first election under this 
Constitution be classified by lot, so 
that one shall hold for two years, 
one for four years, and one for six 
}-ears; and at all subsequent elections 
the terms of each of said Judges shall 
be for six years. 

3rd. The State shall be divided 
into four Judicial districts, of which 
the counties of Otoe, Nemaha, Rich- 
ardson. Pawnee and Johnson, shall 
constitute the first district. The 
counties of Cass, Saunders, Sarpy, 
and Douglas shall constitute the 2nd 
district; and the territory now em- 
braced in the 3rd Judicial District 
and the counties of Butler, Lancaster, 
Gage, and the counties west there- 
of, and south of the Platte river, 
except that now embraced in the 3rd 
District shall constitute the 4th Dis- 
trict. The Legislature may at any 
time, when the increase of business 
demands, by a vote of two-thirds of 
the members elected to each house 
increase the number of the Judicial 
Districts, not to exceed seven, 
and provide for the election of 
judges, but shall not so change the 
boundaries as to vacate the office of 
any judge thereof. That the judges 
of each of said district Courts shall 
be elected from, and be a resident of 
their respective districts. 

4th. The County Court she'll bo a 
Court of Record, shall be holden by 



one judge, who shall be an attorney 
at law in each county in this State, 
and shall have civil jurisdiction in 
actions at law in the amount of five 
hundred dollars, and shall hold Court 
for the transaction of civil business 
on the 1st Mondays of January, April. 
July and October in each year, at 
which time a Jury shall be provided 
as required by law. The County 
Court shall have jurisdiction in Pro- 
bate and testamentary matters; the 
appointment of administrators and 
guardians; the settlement of the ac- 
counts of executors, administrators, 
and guardians and such jurisdiction 
in habeas corpus, the issuing of mar- 
riage licenses, and for the sale of 
lands by executors, administrators 
and guardians as may be provided 
by law, that said Court shall be at 
all times for the above purposes. The 
judges of said Court shall be elected 
for three years. 

5th. Three Justices of the Peace 
shall be elected in each township, 
precinct, or ward of the several 
counties of the State. Their term of 
office shall be three years. That im- 
mediately after the first election they 
shall be classified by lot so that one 
of said justices shall hold for one 
year, one for two years and one 
for three years and that at all elec- 
tions thereafter all justices shall be 
elected for a term of three years and 
shall not have jurisdiction in any 
matter wherein the title or bound- 
aries of land are in eontrnversy, nor 
in actions of libel or slander, and 
shall have jurisdiction in actions on 
contract in the amount of two hun- 
dred dollars. 

Cth. In case the office of any judge 
shall become vacant before the ex- 
piration of the regular term for 
which he was elected, the vacancy 
shall be filled by appointment by the 
Governor until a successor is elected 
and qualified, and such successor 
shall be elected for the unexpired 
term at the next general election 
occuring after such vacancy. 

7th. The judges of the Supreme 



108 



STATE LANDS— TAX EXEMPTIONS 



Friday] 



VIPQUAIN— NELIGH-BALLARD 



[June 23 



Court shall receive for their services 
the sum of three thousand dollars 
per annum,, and the judges of the 
district courts shall receive for their 
services the sum of two thousand 
five hundred dollars per annum, 
and shall in addition be paid their 
necessary travelling expenses incur- 
red in holding their several terms of 
Court, and not exceeding the sum of 
five hundred dollars in one year. 

8th. The clerks of the several 
counties shall be clerks of the Dist- 
rict Court of their respective coun- 
ties, and the Supreme Court shall 
appoint suitable persons as clerk and 
reporters of the Supreme Court. 

9th. Judges may be removed from 
office by impeachment, in which 
case the same proceedings shall be 
had as in the impeachment of Gover- 
nor, and two-thirds of the Senate 
shall be required to find the party 
guilty. 

The style of all process shall be 
"the People of the State of Neb- 
raska." 

The District Courts shall have 
original jurisdiction in all cases in 
law and equity and such appellate 
jurisdiction as is provided by law, 
and shall hold at least one term of 
court in each county in each year. 

Mr. VIFQUAIN. Mr. President, I 
have a resolution to offer. 

The Secretary read the resolution, 
as follows: 

RESOLVED, That all lands hereto- 
fore not appropriated and belong- 
ing to the five hundred thousand 
acres of internal improvement lands 
given by the Federal Government to 
the State of Nebraska will be equally 
divided among the several counties 
of the State, and by them used for 
internal improvements in such coun- 
ties, providing that no lands will be 
used by any county without submit- 
ting the same to a vote of its people 
under such rules as may be pres- 
cribed by the first session of the 



Legislature, after the adoption of the 
new Constitution. 

Mr. VIFQUAIN. Mr. President, I 
move it be referred to the Committee 
on State Lands (other than School 
Lands.) 

Motion agreed to. 

Mr. NELIGH. Mr. President, I 
wish to offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That for the en- 
couragement of the establishing of 
manufactures in this State, the 
Constitution be so amended exempt- 
ing all manufacturing companies 
from taxation by laws of this State 
for the term of six years. 

Mr. NELIGH. Mr. President. I 
move to refer to Committee on Manu- 
factures and Agriculture. 

Motion agreed to. 

Mr. BALLARD. Mr. President, I 
hope now there is a determination 
to go to work. We have established 
a bad precedent in coming here to 
hear the journal read, and filling in 
the morning hour with resolutions. 
I hope all have been presented that 
are wanted. The people are looking 
at us and are anxious to know what 
we are going to do: they are expect- 
ing a Constitution to be submitted to 
them, and we ought to work. 

Mr. MYERS. Mr. President, I call 
the gentleman to order. 

The PRESIDENT. The gentleman 
will not be permitted to speak un- 
less he makes a motion, or leave is 
granted. ("Leave," "Leave.") 

Mr. BALLARD. I thought I was 
in order. I say we have been here 
a number of days. We have done 
much it is true, but I think we might 
have done much more. I hope this 



BALLARD'S PROTEST— RAILROAD TAXES 



109 



Friday ] 



BALLARD-MANDERSON— BOYD 



[June 23 



body will go to work in earnest and 
get the reports; for the reason that 
these resolutions will perhaps be 
worked over again in Committee of 
the Whole. The sooner the Conven- 
tion goes to work substantially the 
better. I want to get home some time 
nest winter. We can go to work and 
"commence to grind," as the saying 
Is, and get to the framing of the 
Constitution. This day week some 
of the gentlemen will want to go 
home, and, perhaps, an adjournment 
of ten days will be requested; and 
the result will be that we shall finish 
our work so near to the next elec- 
tion that the people will have scarce- 
ly any time to study the Constitu- 
tion before they are called on to 
vote for it. I think we can do more, 
and I hope we shall. 

Mr. MANDERSON. Mr. President, 
I have a resolution to offer. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the compensa- 
tion of the Sergeant-at-arms and 
Doorkeeper be fixed at $3.00 per day; 
that the compensation of the pages 
be $1.50 per day, and that they be 
permitted to draw their pay during 
the sitting of the Convention under 
proper warrant. 

Mr. MANDERSON. I move, Mr. 
President, that the resolution be 
adopted. 

Mr. PHILPOTT. Mr. President, I 
move to amend by saying that the 
Chaplain shall receive $3.00 per day. 

The PRESIDENT. Gentlemen, the 
question is to amend. 

Mr. TOWLE. Mr. President, I 
move to raise the pay of the pages to 
$2. 

Mr. MANDERSON. I take those 



figures from what the last Legisla- 
ture paid. 

Mr. TOWLE. I hope the gentle- 
man will not take the last Legisla- 
ture as a precedent. 

The motion, as amended, was 
agreed to. 

Mr. BOYD. Mr. President, I wish 
to offer a resolution and move its 
adoption. 

The Secretary read the resolution 
as follows: 

WHEREAS: certain railroad cor- 
porations in this State, by virtue 
of the building of their roads, have 
become entitled to large tracts of 
the public domain, and although the 
title may not yet have passed from 
the General Government, said corpor- 
ations are virtually the owners there- 
of, therefore 

RESOLVED; That the Judiciary 
Committee be instructed to report to 
this Convention whether, in their 
opinion, we can, by the proposed 
Constitution, provide for the collec- 
tion of taxes on said lands. 

Resolution adopted. 

Mr. WAKELEY. Mr. Presidentv 
I wish to offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the President 
of this Convention be authorized to 
employ what additional clerks may 
be necessary. 

Mr. WAKELEY. I have been in- 
formed that some action of this kind 
is necessary, and I offer the resolu- 
tion for that reason. 

Mr. ESTABROOK. I move to 
amend, Mr. President, by inserting 
that "the Convention now proceed 
to the election of Engrossing and Env 
rolling Clerks." We are now about 
to report, from the different Com- 
mittees, and their services will be re- 
quired. 



110 



ADDITIONAL CLERKS 



Friday] 



ESTABROOK— TOWLE-HASCALL 



[June 23 



Mr. THOMAS. Mr. President, I 
would like to ask whether there is 
any Enrolling and Engrossing to be 
done at the present time. 

Mr. ESTABROOK. I would say 
there is no Enrolling or Engrossing 
to be done at present. They can help 
the clerks we already have to get 
their papers in shape. 

Mr. HASCALL. Mr. President, I 
would say, we will have work for an 
Engrossing clerk, but not for an En- 
rolling clerk until the Constitution 
is finally adopted. Then it will have 
to be enrolled and properly pre- 
served. 

Mr. KIRKPATRICK. I think, Mr. 
President, we ought not to employ 
officers until we have duties for them 
to perform. 

Mr. TOWLE. It will be remem- 
bered by the House that, at the be- 
ginning of the session, I offered a res- 
olution with regard to the employ- 
ment of more clerks: and for va- 
rious reasons, which the House 
thought proper to urge at that time, 
my resolution was rejected, and it 
was generally considered that all the 
work required by this Convention, 
outside of that done by the two sec- 
retaries, could be done by profession- 
al copyists, (of whom there are a 
number in this town) under the di- 
rection of the President. The Com- 
mittees, I understand have agreed to 
do their own copying. There are a 
number of people here who would 
be glad to do copying by "piece 
work". I hope the resolution will 
not be adopted. I move we adjourn 
until 10 o'clock to-morrow morning. 
Mr. GRENELL. Mr. President, It 
seems to me that this motion ought 



not to prevail at this time there is 

now 

Mr. TOWLE. Mr. President, I 
withdraw my motion. 

Mr. HASCALL. Mr. President, 
the rules require that, each Article 
of the Constitution should be read a 
first and second time; before they are 
finally discussed in Committee of the 
Whole and we might put in some 
time perhaps in that way. 

The PRESIDENT. I would say 
for the information of the gentleman 
from Douglas, there should be two 
more headings to our order of busi- 
ness, for "Bills on first Reading," and 
"Bills on second Reading." 

Mr. ESTABROOK. I wish to offer 
a resolution, Mr. President. 

The Secretary read the resolution 
as follows: 

RESOLVED: That this Conven- 
tion do now proceed to elect an En- 
grossing and Enrolling Clerk, who 
shall do such duties as shall be pre- 
scribed by the President. 

The PRESIDENT. Is this offered 
as a substitute for the resolution of 
the gentleman from Douglas (Mr. 
Wakeley). . 

Mr. ESTABROOK. Yes, sir. 
The PRESIDENT. Gentlemen, 
the question is upon the substitute. 

Mr. TOWLE. Mr. President. I de- 
sire the ayes and nays. 

Mr. CAMPBELL- Mr. President, I 
move to postpone until next Monday, 
for the reason that these clerks 
would have nothing to do until that 
time. 

Mr. WAKELEY. I am informed 
by officers of this House that 
there is a necessity for additional 
clerical help in order to keep up 
the Journal. 



ADDITIOINAL CLERKS 



111 



Friday] 



ESTABROOK— KIRKPATRICK— WAKELEY 



[June 23 



Mr. GRENELL. Mr. President, I 
am in favor of employing more 
clerks. I am informed that the work 
cannot be done without overtaxing 
our present clerks. 

Mr. KIRKPATRICK. I am sat- 
isfied the resolution of the gentleman 
from Douglas (Mr. Estabrook) is 
jusc, if there is additional clerical 
force needed, but I understand this 
is not the case. 

Mr. ESTABROOK. It seems to me 
all the members are a little ostenta- 
tious of their parsimonj', and I have 
my share of it no doubt. There seems 
to be a disposition to "save at the 
spiggot, and waste at the bung hole," 
but all I wish to know is, that the 
assistance asked is really needed, and 
I am satisfied it is. While I take 
this position, I will say I don't be- 
lieve in these little outside arrange- 
ments, where somebody is to go and 
call in assistance here and there. If 
we are to have clerks here, let us 
know who they are. Hence I offer 
my substitute. 

Mr. KIRKPATRICK. Mr. Presi- 
dent, I would like to know if the 
gentleman applies his remarks to me, 
when he says members are disposed 
to "spend at the bung hole, and save 
at the spiggot." I think such remarks 
are entirely uncalled for, and out of 
place. I think it is evident we do 
not, at present, have work for En- 
grossing or Enrolling Clerks, and it 
would be imposing on them to set 
them at the ordinary work of journal 
clerks. 

The PRESIDENT. The question 
is upon the postponement until Mon- 
day morning. 

Mr. CAMPBELL. I am willing. 



Mr. President, if those clerks will 
state that they cannot get the work 
up from the adjournment tomorrow 
morning until Monday morning, to 
withdraw my motion. 

Mr. ESTABROOK. I would like to 
ask the gentleman if he desires to 
have our clerks break one of the com- 
mandments, I forget the number. It 
is to keep the Sabbath. 

Mr. WAKELEY. I move the gen- 
tleman be referred to the Committee 
on Education. 

The PRESIDENT. The question 
is on the motion to postpone. 

The Convention divided and the 
motion was agreed to. 

Mr. GRAY. Mr. President, I have 
a resolution to offer. 

Mr. ABBOTT. I move the Conven- 
tion do now adjourn until to-morrow 
morning at ten o'clock. 

Mr. MAJORS. Mr. President, I 
desire to ask leave of absence for my 
colleague, Mr. Tisdel. 

Leave granted NEM. CON. 

Mr. ABBOTT. Mr. President, I 
insist on my motion to adjourn. 

Mr. MYERS. Mr .President, I 
arise to a point of order 

The PRESIDENT. The gentleman 
from Douglas (Mr. Myers) will state 
his point of order. 

Mr. MYERS. The gentleman from 
Dodge (Mr. Gray) had the floor when 
the gentleman from Hall (Mr. Abbott) 
made the motion. A motion to ad- 
journ is not in order when a member 
has the floor. 

The PRESIDENT. The motion to 
adjourn is not in order; The gentle- 
man from Dodge (Mr. Gray) had the 
floor. 

The Secretary read the resolution 



112 



DONATIONS TO CORPORATIONS 



Friday] 



GRAY— NELIGH-HASCALL 



[June 



Of the gentleman from Dodge (Mr. 
Gray) as follows: 

RESOLVED: That the Committee 
on State, County and Municipal In- 
debtedness, (No. 12) to whom was 
referred the resolution for an article 
of which a copy is hereby attached, 
be required to report the same back 
to this Convention by to-morrow. 

"Mr. Gray offered a resolution 
that the following be incorporated 
into the Constitution and be submit- 
ted separately: 

SECTION. 1. No County, City, 
Town. Township, Precinct or other 
municipality, shall ever become sub- 
scribers to the capital stock of any 
Railroad or private corporation, or 
make donations to, or loan its credit 
in aid of such corporation; PRO- 
VIDED, That the adoption, or re- 
jection of this article, shall not affect 
in any way the question of the legal- 
ity of the donations already made to 
Railroads or private corporations. 

Mr. GRAY. Mr. President, I move 
the adoption of the resolution. Now 
the object I have in view, is this, the 
resolution which was offered, and 
which is attached to this resolution, 
and was referred to its appropriate 
Committee, is a resolution, which I 
desire to have reported back to this 
Convention for their action and if I 
can get a majority vote of this Con- 
vention in favor of it, to have it 
grafted into the Constitution as an 
Independent article. I desire when 
it is reported back to have it printed 
and placed before themembera, so 
that we may be prepared to consider 
it when we go into Committee of the 
Whole. How can we do this if this is 
lying in a dormant condition, before 
a Standing Committee? It has been 
there for two or three days already. 
I regretted to have to send it to a 
Committee at all, for I thought it 



would cause delay. I desire this Con- 
vention to establish some rule by 
which these resolutions will be re- 
ported back from the Committees to 
which they are referred. Therefore 
I hope the resolution may pass and 
prevail. 

Mr. NELIGH. Mr. President, I 
move to amend the motion and to 
refer the resolution to the Commit- 
tee on State, County and Municipal 
Indebtedness. 

Mr. PHILPOTT. I call for the 
reading of the resolution. 

The Secretary read the resolution 
again. 

Mr. KIRKPATRICK. Mr. Presi- 
dent, I think the amendment offered 
by the gentleman from Cuming (Mr. 
Xeligh) does not facilitate the object 
of the motion. 

Mr. NELIGH. Mr. President, I 
withdraw my motion. 

Mr. HASCALL. Mr. President, I 
hold that the resolution itself is not 
proper, and it is ill timed. This mat- 
ter has been referred to a Standing 
Committee and they require time to 
act upon it. It does not follow, be- 
cause a resolution is referred to a 
Committee, that the same resolution 
be reported back to the Convention. 
I am not one who is prepared to say 
that these Standing Committees have 
yet had proper time to prepare their 
reports, but after they have had suf- 
ficient time to consider all the reso- 
lutions committed to them, I am in 
favor of requesting them to report 
not upon any one special resolution, 
but upon the whole matter referred 
to them. I am opposed to forcing 
any committee to report until they 
have had sufficient time to act upon 



MUNICIPAL AID TO COKPORATIONS 



113 



Friday] 



TOWLE-GRAY— BALLARD 



[June 23 



the matter committed to them. 

Mr. TOWLE. I move that we now 
adjourn until to-morrow morning at 
10 o'clock. 

Mr. McCANN. Mr. President, I 
wish to ask a question for informa- 
tion: Is there not a special order of 
business for this afternoon at 2 
o'clock? 

The PRESIDENT. There is not. 

Mr. GRAY. Mr. President, the 
question to adjourn to a time certain 
I believe; is debatable. I trust this 
motion will not prevail until this res- 
olution is passed; it will take but a 
short time to act upon this motion, 
and I hope the friends of my resolu- 
tion will vote against the motion to 
adjourn. 

Mr. BALLARD. Mr. President, 
we refused to adjourn yesterday un- 
til the regular order of business was 
gone through with, and I hope we 
will follow that rule. It is time for 
the members of this Convention to 
begin to make a record for them- 
selves, I call for the "ayes" and 
"nays." 

The Secretary proceeded to call the 
roll. 

The result was announced, yeas 
13, nays, 34 as follows: 

YEAS. 



Abbott, 


Xewsom, 


Cassell, 


Parchen. 


Eaton, 


Scofield, 


Hascall, 


Speice, 


Lake, 


Stewart. 


Myers, 


Towle, 


Neligh, 






NAYS. 


Ballard, 


Curtis, 


Bovd, 


Estabrook 


Campbell, 


Gibbs, 


8 





Granger, 

Grenell, 

Gray, 

Hinman, 

Kenaston, 

Kilburn. 

Kirkpatrick, 

Le>. 

Lyon, 

McCann, 

Majors, 

JIason, 

Manderson, 

Maxwell, 



Moore, 

Parker, 

Philpott, 

Price, 

Reynolds, 

Shaft, 

Sprague, 

Stevenson, 

Thummel, 

Thomas, 

Vifquain, 

Wakeley, 

Weaver, 

Wilson, 



ABSENT OR NOT VOTING. 
Griggs, Wool worth. 



Robinson, 

Tisdel, 



Mr. President, 



Leave of Absence. 

Mr. TOWLE. Mr. President, I 
wish to ask leave of absence for Mr. 
Parchen for one week. 

Leave granted NEM. CON. 

Mr. HASCALL. Mr. President, I 
move to lay the resolution on the 
table. 

Mr. GRAY. Mr. President, I call 
for the yeas and nays. 

The Secretary proceeded to call the 
roll. 

The result was announced, yeas 
22, nays 26 as follows: 



NAYS. 



Ballard, 

Campbell, 

Gibbs, 

Granger, 

Grenell, 

Gray 

Hinman. 

Kenaston, 

Kilburn, 

Kirkpatrick, 

Lyon, 

Majors, 

Mason, 



Maxwell, 

Moore, 

Newsom, 

Parker, 

Philpott, 

Price, 

Shaft, 

Sprague, 

Speice, 

Thomas, 

■Vifquain, 

Weaver. 

Wilson, 



114 WAKELEY'S SPEECH ON COMMITTEE RIGHTS 



GRAY— VVAKELEY 



[June 23 



YEAS. 
Abbott, Myers, 

Boyd, Xeligh, 

Cassell, Parchen, . 

Curtis. Reynolds, 

Eaton, Scofleld, 

Estabrook, Stevenson, 

Hascall, Stewart, 

Lake, Thummel, 

Ley, Towle, 

McCann, Wakeley, 

Manderson, 

ABSEXT OR NOT VOTING. 
Griggs. Woolworth, 

Roljinson, Mr. President, 

Tisdel, 

Mr. GRAY. I now call for the 
yeas and nays upon the pasage of 
the resolution. 

Mr. WAKELEY. Mr. President,! 
do not see the necessity or propriety 
of pressing this motion of the gentle- 
man from Dodge (Mr. Gray). The 
resolution to which reference is made 
is a very important subject, it was re- 
ferred to the appropriate Standing 
Committee for the purpose of con- 
sideration: it is now before that Com- 
mittee for that puropse, and if there 
was any propriety in referring to that 
Committee there is eminent propriety 
in leaving it in the hands of that 
Committee until they have sufficient- 
ly considered the subject and are pre- 
pared to report back to this Conven- 
tion. If the gentleman intends to 
suggest, by his resolution, that this 
Committee has been dilatory in the 
performance of their duty, that they 
are unduly delaying a report upon 
this subject, let him say so; or if he 
proposes to take it out of the hands of 
the Committee, let him say something 
to that effect. The effect of carrying 
this motion would boas I understand 
it to oblige this Committee to re- 
port tomorrow niorniiif; whi'tluT 
they do or do not rc'cumnunul the 



passage of one particular proposition 
upon the subject referred to in that 
resolution. Now sir, the Commit- 
tee may not see fit to report that 
resolution in the precise form in 
which is has been sent to that Com- 
mittee; perhaps may conclude to 
report the resolution in that precise 
form and recommend that the propo- 
sition be embodied in the Constitu- 
tion; they may come to the conclu- 
sion to report in favor of adopt- 
ing the principle of that resolution, 
but in a somewhat modified form; 
and the Committee should have all 
the time it desires unless it is asking 
for an unreasonable time, to do its 
duty and report Its conclusions to the 
Convention. As a member of that 
Committee I have to say that unless 
the Convention are prepared to act 
on that subject without any reference 
whatever to the views of the Commit- 
tee, I think it is not only proper but 
due to the Committee itself, that they 
should have the needful time for tak- 
ing action and preparing a report for 
[ this Convention. Again, Mr. Presi- 
dent, I object to the passage of the 
resolution offered by the gentleman 
from Dodge (Mr. Gray) just now for 
a different reason. If the mover of 
any resolution which has been refer- 
! red to a Standing Committee, if it be 
proper for him to offer a resolution 
and require the action of the House 
upon resolutions instructing a Com- 
mittee what to do with that proposi- 
tion, then every member of this Con- 
vention has the same right, and 
should be allowed the same opportu- 
nity. If every distinct projiosition 
made by a member of this Convention 
and sent to a Committee is to be act- 
ed upon in Committee of the Whole, 



WAKELEY'S SPEECH ON COMMITTEE RIGHTS 115 



Friday) 



WAKELEV— LAKE 



or separate and distinct propositions 
then sir there will be no need of sub- 
jects upon which the Committee of 
the Whole is to act. I understand 
that we started out upon this plan 
that all propositions relating to a 
particular subject be referred to an 
appropriate Standing Committee, hav- 
ing in charge an Article of the Con- 
stitution, into which it will be prop- 
er that a provision be inserted, and 
when all these propositions have been 
considered, and when the appropri- 
ate Standing Committee shall have 
made its report embracing the whole 
subject committed to them, then you 
will have one distinct matter to re- 
fer to the Committee of the Whole. 
You will have a report of the Stand- 
ing Committee covering the whole 
field of inquiry, if you go into Com- 
mittee of the Whole on the subject 
their report will be considered;, their 
report properly will take the form of 
a proposed Article, or section or pro- 
vision, and then, sir, it will be com- 
petent for any member of this Con- 
vention to move an amendment to 
any proposition of the Committee, 
but if every gentleman of this Con- 
vention, who has moved a resolution 
in regard to the frame of the Consti- 
tution, is to bring motions before the 
Convention from day to day instruct- 
ing the Committee to report back 
their opinion upon his particular 
proposition, or to report that pro- 
position back to the Convention with 
the recommendation that it pass or 
not pass, and all this with a view of 
sending that distinct proposition to 
the Committee of the Whole to be 
acted upon, I think it will take a 
very long time to dispose of the busi- 
ness of this Convention. Why not 



let this matter take the ordinary 
course. That Committee, in all prob- 
ability will be ready to report at an 
early day. I speak as a member of 
the Committee not as Chairman. I 
do not think there is any necessity 
or any propriety in this unusual action 
in regard to one particular proposi- 
tion which has gone to a Standing 
Committee. I do not know what will 
be gained by early action upon this 
subject. It is a very important sub- 
ject; a subject which requires as 
much consideration as any one sub- 
ject before the Convention in any- 
particular. It should not be hasten- 
ed; it should not be pressed urgently 
upon the Convention at an early 
period of its session. Such is my 
judgment. 

Mr. LAKE. It seems to me this 
subject is just where it ought to be, 
in the hands of the Committee on 
State, County and Municipal Indebt- 
edness. The action which is called 
for by the resolution of the gentle- 
man from Dodge, it seems to me im- 
pugns the motives of this Commit- 
tee; that they are not doing what 
they ought to do; that they are not 
acting with that pronlptitude they 
ought to do. It seems to me, Mr. 
President, no subject matter which 
has been referred to this Commit- 
tee, by the resolution which the gen- 
tleman from Dodge (Mr. Gray) has, 
I understand, introduced, is one of 
very great moment, one which gen- 
tlemen of this Convention cannot 
properly act upon without due con- 
sideration; and when I look over 
the names of this Committee, and see 
who compose it, I am satisfied that 
in due time the report will be made 



116 KIRKPATRICK'S SPEECH ON COM. RIGHTS 



Friday] 



LAKE— KIRKPA TRICK 



IJune 23 



upon that subject. I understand that 
the subject matter of this resolution 
as introduced and sent before this 
Committee, proposes to prohibit en- 
tirely any county or any Municipal- 
ity whatever, to lend its aid to any 
internal improvement — an absolute 
prohibition. If that be the case, it 
is important that the gentlemen of 
the Committee have ample time to 
reflect and consider the whole sub- ! 
ject matter, and determine whether 
or not that be best. We want the \ 
views of that Committee. If it is an 
appropriate Committee, it was sent 
there for the purpose of obtaining 
the views of that Committee, and un- 
til those views have been prepared 
and we have it on good authority, 
that they have not had time, we 
should not send to the Committee. 
Shall we take statements of the gen- 
tlemen on the floor who are interest- 
ed in this matter, as is the gentleman 
from Dodge (Mr. Gray) ,or shall we 
take the statements of members of 
the Committee who say they have not 
had time sufficiently to consider the 
subject matter. We are fixing a time, 
and a short time indeed, for the Com- 
mittee to report to-morrow I under- 
stand, I prefer that each one of these 
Committees shall have ample time to 
consider the subject matter of the 
questions referred to them. I feel, for 
one, that the Committee have not 
abused the privilege which is allowed 
in taking of the time which, in their 
judgment they shall deem best. 
There has been no abuse of time on 
the part of the Committee, and I 
am in favor of letting the matter 
rest in their hands until they report 
on the subject. I am opposed to the 



resolution of the gentleman from 
Dodge (Mr. Gray), on that ground; 
that it is not acting fairly with the 
Committee. If I was convinced they 
were acting unfairly with the gen- 
tleman's proposition, I would most 
certainly aid him in taking it from 
the Committee; but until it is.. I am 
in favor of letting it remain where 
the action of the House has placed 
it. 

Mr. KIRKPATRICK. I take it 
that no reflection was meant on the 
Committee, but this is rather an un- 
usual course. When a gentleman of- 
fers a resolution it comes into the 
House; it is a House resolution then, 
and the House refers it to a Standing 
Committee. I admit the House has 
control over the Committee and can 
order from the Committee what it 
has ordered to a Committee. I 
have no right, nor am I disposed to 
communicate to gentlemen the views 
of the members of the Committee; 
nor have I a right to discuss in this 
I House, the propositions submitted to 
the Committee. I have no right to 
enter into the merits of the question, 
now before the House, nor am I dis- 
posed to do so. I am not disposed 
to ask the indulgence of this House, 
but I will call attention to the fact 
that members of this Committee are 
members of other Committees. I am 
very tired, with attending to my ap- 
pointments; but I will state that 
[ think the Committee is not ready- 
to report the resolution back to this 
House. In due time, sir, the resolu- 
tions referred to this Committee will 
doubtless come back to the House. 
I do not know what recommenda- 
tions will accompany them. I thint 



GRAY WITHDRAWS HIS RESOLUTION 



117 



Friday] 



GRAY— MANDERSON-MASON 



the gentleman will oblige the Com- 
mittee by simply withdrawing the 
resolution for the time being, and 
when the Committee come to it^ it 
will deliberate what it can do and 
make an honest report, whether it 
meets the concurrence of the gentle- 
man or not. 

Mr. GRAY. With the leave of my 
second, after hearing the explanation 
of the Chairman of that Committee 
(Judge Lake) to which was referred 
the Article, I will, for the present, 
withdraw my resolution. 

Mr. Manderson, Judge Lake and 
several others objected. 

Mr. MANDERSOX. I move the 
consideration of the question be In- 
definitely postponed. 
Division demanded. 
Mr. MASON. I move the gentle- 
man from Dodge (Mr. Gray), have 
leave to withdraw his resolution. 

Mr. HASCALL. I call the gentle- 
man from Otoe to order. 

Mr. MASON. The request of the 
gentleman from Dodge to withdraw 
was first before this House. 

Mr. MANDERSON. It was not a 
resolution to withdraw. The ques- 
tion is upon the indefinite postpone- 
ment of the motion. 

Mr. GRAY. I intended it as a 
motion. 

Mr. PARKER. Would an amend- 
ment to his motion be in order? 

The PRESIDENT. There Is noth- 
ing in order. The question is upon 
the postponement of the considera- 
tion of the resolution. 

The ayes and nays being demanded 
the Secretary proceeded to call the 
roll with the following result — ■ 



ayes 19; nays 21 — as follow 




AYES. 


Abbott, 


Neligh, 


Boyd, 


Reynolds, 


Curtis, 


Scofield. 


Eaton, 


Shaff, 


Estabrook. 


Stevenson, 


Hascall, 


Thummel, 


Lake, 


, Towle, 


Ley, 


Wakeley, 


Manderson, 


Weaver, 


Myers, 






NAYS. 


Ballard, 


Majors, 


Campbell, 


Mason. 


Cassell, 


Maxwell, 


Gibbs, 


Moore, 


Granger, 


Newsom, 


Grenell, 


Parker, 


Gray, 


Philpott, 


Hinman, 


Price.. 


Kenaston, 


Sprague, 


Kilburn, 


Speice, 


Kirkpatrick, 


Stewart, 


Lyon. 


Thomas, 


McCann, 


Vifquain, 




ABSENT. 


Griggs, 


Robinson,. 


Parchen, 


Woolworth 



EXCUSED. 
Wilson, 

The PRESIDENT. Nineteen gen- 
tlemen having voted in the affirm- 
ative, and 2 6 in the negative, the 
motion is lost. 

Mr. MASON. Mr. President, I 
move that the gentleman from Dodge 
(Mr. Gray) have leave to withdraw. 

Motion agreed to. 

Adjournment. . 

Mr. CASSELL. Mr. President, I 
move to adjourn until to-morrow 
morning at ten o'clock. 

Resolutions Again. 

Mr. ESTABROOK. Mr. President. 
I have a little document here, which 



lis 



RIGHTS OF SUFFRAGE 



ESTABROOK-MAX WELL-LAKE 



I would like to read. 

("Leave" "Leave.") 

Mr. ESTABROOK. (reading) 

RESOLVED: That the Secretary 
of State cause a board to be placed 
before the door of this room, where- 
OB notices of the meetings of Com- 
mittees be posted. 

Mr. ESTABROOK. Mr. President 
I move its adoption. 

Motion agreed to. 

Leave of Absence. 

Mr. MASON. Mr. President, I ask 
leave of absence for myself until 
Monday at ten o'clock. 

Leave granted. 

AdjouiTinient Again. 

The PRESIDENT. Gentlemen, the 
question is upon the motion to 
adjourn until to-morrow morning at 
ten o'clock. 

The motion was agreed to. 

So the Convention (at twelve 
o'clock and twenty-three minutes) 
adjourned. 



?ood will to men. 



TENTH DAY. 

Saturday, June 24, 1S71. 
The Convention met at ten o'clock 
a. m. and was called to order by the 
President. 

Prayer. 

Prayer was offered by the Rev. L. 
B. Fifield, of Lincoln, as follows: 

Oh God, the Lord, be Thou the 
strength of our salvation. In this 
high place, may Thy favor make here 
known the securities of wisdom; here 
may best learning pay homage to 
best law; here may the largest ex- 
perience ask after the wise old way; 
here may this Convention minister 
unto the people according to the 



grace of God's 
Amen. 

Reading of the Jonmal. 

The Journal of last day's proceed- 
ings was read and approved. 

Unfinished Business. 

The Secretary read the following 
resolution from Friday's Journal. 

RESOLVED: That the Sergeant- 
at-arms be ordered to make out and 
have printed for the use of this Con- 
vention two hundred copies of an ac- 
curate statement of the name, age, 
occupation, place of birth, postoffice 
and whether married or single, of the 
delegates and ofiBcials of this Conven- 
tion. 

The resolution was not agreed to. 

Report of Committee on Rights of 
Suffrage. 

Mr. MAXWELL. Mr. President, I 
beg leave to submit a report from the 
Committee on Rights of Suffrage. 

Mr. LAKE. Mr. President, This 
I understand is a proposed Article to 
the new Constitution. I move that 
200 copies be printed for the use of 
the members before any further con- 
sideration of it. And I move that the 
reading of it be waived. 

Motion agreed to. 

The following is the report: 

Mr. PRESIDENT; Your Committee 
on the Rights of Suffrage report the 
following Article of the proposed 
Constitution, and respectfully recom- 
mend that the same be adopted by 
the Convention. 

SAMUEL MAXWELL. 
Chairman, 
Committee Rights of Suffrage. 

Section 1. Every male person of 
the age of twenty-one or upwards, 
belonging to either of the following 
classes who shall have resided in the 
State, county, precinct and ward for 
the time provided by law shall be an 
elector. 



SUFFRAGE— JUDICIAL DISTRICTS 



119 



Saturday] 



KIRKPATRICK— SCOPIELD-MANDERSON 



[June n 



First, Citizens of the United States. 

Second, Persons of foreign birth 
who shall have declared their inten- 
tion to become citizens conformably 
to the laws of the United States on 
the subject of naturalization. 

Sec. 2. The Legislature may ex- 
tend by law, the right of suffrage to 
persons not herein enumerated but 
no such law shall be in force until 
the same shall have been submitted 
to a vote of the people at a general 
election, and approved by a majority 
of all votes cast on that question at 
such election. 

Sec. 3. No person under guardian- 
ship, non compos mentis or insane, 
shall be qualified to vote, nor shall 
any person convicted of treason or 
felony unless restored to civil rights. 

Sec. 4. No elector shall be deem- 
ed to have lost his residence in the 
State by reason of his absence on 
business of the United States, of this 
State, or in the military or naval ser- 
vice of the United States. 

Sec. 5. No soldier, seaman 
or marine in the army or navy of the 
United States shall be deemed a resi- 
dent of this State in consequence of 
being stationed therein. 

Sec. 6. Electors shall in all cases, 
except treason, felony or breach of 
the peace, be privileged from arrest 
during their attendance at elections, 
and going to and returning from 
the same. And no elector shall be 
obliged to do military duty on the 
days of election, except in time of 
war or public danger. 

Sec. 7. All votes shall be by 
ballot. 

Mr. KIRKPATRICK. Mr. Presi- 
dent, I will say that the Committee 
on State, County and Municipal In- 
debtedness, expect to be able to re- 
port perhaps on Tuesday morning. 

Resolutions. • 

Mr. SCOFIELD. Mr. President, I 
have a resolution to offer, and I move 



its reference to the Judiciary Com- 
mittee. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the State shall 
be divided into five Judicial districts 
and until otherwise provided by law 
they shall be as follows: 

First District. Richardson, Nema- 
ha. Johnson, Pawnee, Gage, Saline, 
Jefferson. 

Second District. Otoe, Cass, Lan- 
caster, Saunders, Seward, Butler. 

Third District. Douglas, Sarpy. 

Fourth District. Washington, 

Burt. Dodge. Cuming. Colfax, Stan- 
ton, Platte, Madison, Pierce, Wayne, 
Blackbird, Dakota, Dixon, Cedar, 
L' eau-qui Court, and the counties 
lying west of L'eau-qui Court, Pierce 
and Madison. 

Fifth District. Boone, Polk, York, 
Fillmore, Thayer, Nuckolls, Clay, 
Hamilton, Merrick, Hall, Howard, 
Greeley, Valley, Sherman, Buffalo, 
Adams, Kearney, Webster, Franklin, 
Lincoln and the counties lying west 
of Lincoln, Buffalo, Sherman, and 
Valley. 

The boundaries of the district may 
be changed at the session of the Leg- 
islature next preceding the election 
of judges therein and at no other 
time; but whenever such alterations 
shall be made, the district shall be 
composed of contiguous counties in as 
nearly compact form as circumstan- 
ces will permit. The alteration of 
the districts shall not affect the ten- 
ure of office of any judge. 

The resolution was referred to the 
Committee on Judiciary. 

Mr. MANDERSON. Mr. President, 
I desire to offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the Committee 
on Legislative Apportionment, be in- 
structed to report on the advisabilit; 
of incorporating the following pro- 
vision in the new Constitution. 



120 APPORTIONMENT— COMPULSORY EDUCATION 



MANDER50N— NELIGH-CAMPBELL 



[June 



Section. — The number of Sena- 
tors shall be 19 and the number of 
Representatives shall be 57; which 
number may be increased every five 
years by the Legislature, and shall 
be apportioned according to the Fed- 
eral, or State census last preceding 
such apportionment: provided how- 
ever, that any organized county with- 
out direct representation may. upon 
application through its county com- 
missioners, to the Governor of the 
State, procure by him the appoint- 
ment of a board of three (3) census 
takers, whose duty it shall .be, at 
the expense of the county, to take the 
census of the county and under oath 
return the same to the Governor, and 
if it appears that the population of 
said county is equal to the number 
required for one member of the lower 
House of the Legislature then such 
county shall be entitled to one mem- 
ber thereof. 

Mr. MANDERSON. Mr. President, 
I move its reference to the Committee 
on Legislative Apportionment. 

Motion agreed to. 

Mr. NELIGH. Mr. President, I of- 
fer a resolution. 

The Secretary read the resolution 
as follows: 

WHEREAS: The State of Nebras- 
ka has exhibited a commendable 
liberality in the cause of Education 
in a most munificent manner, by her 
common free school law", and that 
the only consideration that the State 
expects in return for the burden of 
heavy taxation which the support of 
the free schools imposes upon her 
people, is the repression of crime and 
the moral advancement of human 
progress; Therefore be it 

RESOLVED; That while it takes 
just as much of the people's money, 
and costs equally as much to carry 
on our common free schools whether 
children attend or not. parents 
and others who have children un- 
der their care and control of suffi- 
cient age for scholars, should be com- 



pelled by law, to send all such child- 
ren to the common schools. 

Mr. NELIGH. Mr. President, I 
move it be referred to the Committee 
on Education, School Funds and 
Lands. 

Motion agreed to. 

Mr. CAMPBELL. Mr. President, I 
have my report ready. 

The Secretary read the report as 
follows; 

Mr. President, The Committee on 
Printing and Binding have had un- 
der consideration the resolution or- 
dering the daily printing of the Jour- 
nal, would beg leave to report, that 
the cost would be about thirty dol- 
lars per day, also that the labor of 
the clerks would be twice as much as 
it is at present. 

Therefore the Committee recom- 
mend the resolution do not pass. 

J. C. CAMPBELL, 

Chairman. 

Mr. LAKE. Mr. President. I move 
the adoption of the report. 

Mr. PHILPOTT. Mr. President, I 
call for the reading of the report 
again. 

The Secretary reads the report 
again, and the motion to adopt it, 
is agreed to NEM. CON. 

Mr. HINMAN. Mr. President, I of- 
fer a resolution, and ask that It be 
referred to the Committee on Suff- 
rage. 

The Secretary tries to read the res- 
olution but fails, and hands it to the 
Assistant Secretary, who is also un- 
able to decipher it. 

Mr. LAKE. Mr. President. I 
move the resolution be referred to 
the gentleman who wrote it (Mr. Hin- 
nian). he may be able to read it. 

Mr. HINMAN. I would prefer to 
have the Secretary read it. 



KINMAN'S WOMAN'S RIGHTS RESOLUTIONS 121 



Saturday) 



HINMAN— NEWSOM-ESTABROOK 



[June 24 



Mr. MANDERSON. I move it be 
referred to the Committee on Educa- 
tion. 

Mr. CAMPBELL. I think it 
should not be referred to that Com- 
mittee, Mr. President, for if the gen- 
tleman who wrote it (Mr. Hinman) 
cannot read it, now that it has got 
cold, I am sure the Committee on 
Education cannot. 

Mr. Hinman reads the resolution, 
as follows: 

WHEREAS; A division of labor 
and occupation between the opposite 
sexes has, during the existence of 
mankind proven the most harmo- 
nious and beneficial and should be 
kept up: and 

WHEREAS; it is charged by wom- 
an (suffragists) that drunkenness, de- 
bauchery, fraud, and all grades of 
vice and villany, are the rule of the 
day owing to the corruption of the 
male sex, and various agitators are 
desirous of changing our long used 
but fogish system now existing — of 
males doing the outside work and 
principal business connected with 
making a livelihood, and laws to gov- 
ern in transactions connected there- 
with, the following resolutions are 
offered with a request that they be 
referred to the Committee on Suff- 
rage, for their consideration as to 
the advisabilit.v of having the same 
engrafted into the Constitution to be 
submitted to the people. 

RESOLVED. That the elective 
franchise shall be conferred on fe- 
males alone. 

2nd. That the word "male" shall 
be stricken from the Constitution 
wherever the same occurs., and the 
word "female" substituted therefor. 

3rd. That males shall no longer 
hold office, nor exercise the elective 
franchise in this State. 

4th. That people as near as prac- 
ticable shall conform themselves to 
the following rules: 

1st. That females shall hereafter 
fill the occupations heretofore usual- 



ly occupied by men or males in 
farming, mechanical and manufact- 
uring employments: constructing 
and projecting and running railroads 
and other internal improvements: 
keeping hotels and livery stables and 
hostlers and all other of the afore 
said occupations not herein enumer- 
ated so as to fit her for more in- 
telligently making the laws connect- 
ed with the conduct of such occupa- 
tions. 

2nd. That the males shall here- 
after exercise and fill the occupations 
and employments heretofore usually 
filled by women, such as nursing and 
the usual household duties of fe- 
males together with running sewing 
societies, tea parties, and all other 
employments of females not herein 
enumerated so as to properly fit 
him for both a useful and ornamen- 
tal person in society. 

5th. RESOLVED: That the Leg- 
islature shall make such laws Ijoth 
penal and civil as will most effectu- 
ally carry out the provisions of reso- 
lution 4 and to compel the different 
sexes to conform themselves to the 
provisions therein contained and 
more especially providing for the in- 
fliction of heavy penalties wherever 
there is any continued and intention- 
ally obstinate violation of the same. 

Mr. NEWSOM. I move that we 
have the resolution read again. I 
take pleasure in saying that it has 
been well read (laughter). 

Mr. ESTABROOK. Mr. President, 
I believe that it is according to our 
rules that it be read a first and sec- 
ond time, (laughter). 

Mr. LAKE. Mr. President I 
move that it be read again. 

Mr. HINMAN. Mr. President. I be- 
lieve the reading of the resolution 
again is not in order. I ask that it be 
referred. 



122 



BRIBERY— AUDITOR'S REPORT 



Saturday) 



SCOFIELD— NEWSOM— LAKE 



Mr. HASCALL. Mr. President, I 
move to strike out the resolution en- 
tirely, leaving the word "Whereas", 
only, (laughter) 

The PRESIDENT. The question 
to commit has preference. The mo- 
tion to commit was agreed to NEM. 
COX. 

Mr. SCOFIELD. Mr. President, I 
wish to offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED; That the Committee 
on Rights of Suffrage be instructed 
to inquire into the expediency of re- 
porting a Constitutional provision 
permanently excluding from the 
right of elective franchise all persons 
who may be convicted by a court of 
record, of having money or other val- 
uable thing to influence or reward 
their vote and to make the offence, 
with or without conviction, a cause 
of challenge at the polls. 

Referred to Committee on Rights 
of Suffrage. 

Leave of Absence. 

Mr. GRENELL. Mr. President, I 
desire leave of absence until Tues- 
day at 2 o'clock. 

Leave granted NEM. CON. 

Resolutions Again. 

Mr. NEWSOM. Mr. President, the 
Auditor's report in reply to a resolu- 
tion to furnish the Convention a 
statement showing the outstanding 
indebtedness of the State; he shows, 
among other things, that the "An- 
nual expenses on general fund 
$200,000." I do not understand what 
this means and I desire to offer a 
resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED; that the Auditor of 
State be requested to explain that 



part of his report showing the indebt- 
edness of the State, so as to show in 
general terms what the "Annual ex- 
penses on General Fund" means, 
whether it means the annual general 
expenses of the State, and if so, how 
and under what heads they occur. 

Mr. NEWSOM. I move the adop- 
tion of the resolution. 

Mr. HASCALL. Mr. President, I 
see no use of adopting this resolution. 
The Auditor means by that, the ap- 
propriations made by the last Legis- 
lature for the annual expenses of, 
and to be paid out of the General 
Fund. You will find the items in 
the appropriation bill. I think that 
statement is clear and concise. 

Mr. KIRKPATRICK. Air. Presi- 
dent, I am of the opinion of the 
gentleman from Otoe, (Mr. NEW- 
SOM) that this statement is not full 
enough. The Auditor is requested to 
make a report of the outstanding in- 
debtedness of the State unpaid at this 
date. Now can the appropriation 
made by the Legislature be the out- 
standing indebtedness of the State. 
Are the calculated expenditures for 
the next year the State indebtedness? 

Mr. LAKE. Mr. President. The 
annual expenses on the General Fund 
here must have reference to the ap- 
propriations of the last Legislature, 
They cannot certainly refer to those 
that have been paid. If this resolu- 
tion was adopted all the Auditor 
could do would be to refer to the ap- 
propriation of the last Legislature 
and give the substance of that ap- 
propriation. This can be found out 
more readily by a resort to the Sec- 
retary of the State; much more 
readily than to resort to the -Auditor, 
he has undoubtedly grouped the 



EXPLANATION AUDITOR'S REPORT 



123 



Saturday] 



MCCANN— NEWSOM— KIRKPATRICK 



[June -ii 



whole bill and found the amount to 
be $200,000. The reason why I 
think he has done this is because un- 
der the head of resources he has 
given the "delinquent General Fund 
taxes." It seems to me It is plain 
enough, unless you desire to know 
the precise items which go to make 
up this appropriation of the Legis- 
lature which foots out $200,000. 

Mr. McCANN. Mr. President, it 
will be borne in mind that the fis- 
cal year closes on the first of Novem- 
ber of the present year. If the whole 
appropriation, made by the Legisla- 
ture is meant it must be for two 
years; but I think this $200,000 is 
the expenses of this year, and the re- 
sources from which this is to be met 
is the delinquent general taxes. Be- 
fore the departure of the Treasurer 
the other day in his oifice, he stated 
to me that one quarter of a million 
was a fair estimate of that tax, and 
I think that is so. I think this re- 
port is all that was asked for by the 
resolution; therefore I do not think 
it is necessary to refer this back to 
the Auditor unless you wish to know 
the items which make up this $200,- 
000. 

Mr. NEWSOM. Mr. President. 
The reason I introduced this resolu- 
tion was simply this, I asked several 
gentlemen what that item meant and 
none of them could tell me, and I 
suggested that there was nothing in 
the report of the Auditor from which 
any gentleman can tell what that is. 
The gentleman from Douglas says he 
supposes it is the approgriation made 
by the last Legislature. I suppose so 
too, but I do not know it. nor any 
other gentleman in the house so far 



as I can learn. If the last Legisla- 
ture made that amount of an appro- 
priation, I would like to know it, 
and the items for which it was made 
and how it is distributed throughout 
the State. 

Mr. KIRKPATRICK. Mr. Presi- 
dent, the gentleman from Otoe, (Mr. 
McCann) says that this amount is 
necessary to run the expenses until 
the end of the fiscal year the first of 
November. I think the appropriation 
was made for two years and not for 
one, as the gentleman states, but can 
that be the sense of this $200,000 
item? The report asked for was the 
indebtedness of the State outstand- 
ing and unpaid at this date. Can 
this appropriation be in any sense of 
the word the information asked for 
by this resolution: I think not sir. 
That information is not ascertained 
from this report. I will state sir, 
that your Committee cannot fix the 
limit of the State indebtedness for 
the future unless they have some idea 
of what that indebtedness has been. 
If this covers the outstanding indebt- 
edness of the State, your Committee 
on State, County and Municipal In- 
debtedness and this Convention also, 
wants to understand it. 

Unless this matter can be most 
satisfactorily explained, I am for the 
adoption of the resolution of the 
gentleman from Otoe (Mr. Xewsom), 
I am not particular where the infor- 
mation comes from; if the Auditor 
is not the proper source of informa- 
tion. I hope it will be asked for from 
some other source. 

Mr. HA6CALL. Mr. President. I 
think this statement is perfectly 
clear, and as clear as a statement. 



124 



ANNUAL STATE EXPENSES 



Saturday] 



HASCALL— LAKE— McC A NN 



(June 24 



could be made, in speaking of out- 
standing indebtedness, he says 
"Outstanding warrants (General 
Fund) $130,00 0. outstanding war- 
rants (Building Fund) $40,000." It 
is very plain, the appropriation is 
very plain, and in that instance, war- 
rants have been drawn. The Legisla- 
ture may make appropriations for two 
years which they do, and the year, 
as has been stated by the gentleman 
from Otoe, (Mr. McCann) terminates 
at a certain period and there is no 
notice taken- of the fractional part. 
We have a certain period in the year, 
when it commences and ends, the 
latter item the gentleman speaks of 
is "Annual expenses on General Fund 
$200,000." It does not say for "two 
years" but "Annual". Gentlemen are 
supposed to take notice of the law. 
and the laws making these appropria- 
tions are accessible to every one. 
They are kept in the Secretary's 
office. It is very easy to enumerate 
these expenses for this year. $15,- 
000 was appropriated for this Con- 
vention; money was appropriated for 
the Insane Asylum; moneys were ap- 
propriated for the Normal School; 
moneys were appropriated for the 
Deaf and Dumb Institute; moneys 
were appropriated for the keeping 
of the Penitentiary convicts. These 
appropriations are made for the pres- 
ent year, and the annual expenses 
are according to the appropriations. 
Warrants may be drawn any time — 
they are liable to be drawn any mo- 
ment. Whenever a person presents 
his claim, if correct, he draws his 
warrant. Consequently this is as well 
defined as the Auditor could make it; 
any further explanation would cer- 



tainly be useless, I am therefore op- 
posed to the adoption of a resolu- 
tion of that kind. 

Mr. LAKE. Mr. President, on the 
assurance of the members of the 
Committee who have the subject un- 
der consideration it seems to require 
the information asked. If it be 
thought the source applied to is the 
proper one for obtaining this infor- 
mation, I should be in favor of the 
resolution. It may be that it is the 
proper source and the Secretary of 
State is not the proper person. 

Mr. KIRKPATRICK. I was in- 
structed to seek this information in 
the office of the Auditor. 

Mr. LAKE. I think perhaps, Mr. 
President, it would do the members 
of this Convention good, to see what 
has been done with this money. Up- 
on reflection I am inclined to think it 
will. When we see our annual ex- 
penses footing up $200,000 it is some- 
what astonishing to me to say the 
least. I am inclined to think it best 
that the members of this Convention 
should be put in possession of the de- 
sired information. I shall therefore 
support the resolution, if this is the 
proper source to apply to. 

Mr. McCANX. Mr. President, I 
sincerely trust that the information 
may come before the Convention, for 
we shall soon be called upon to con- 
sider the financial issues of the State: 
and I hope all information gentlemen 
can avail themselves of, will be ob- 
tained. I suggest if the resolution is 
to refer to the Auditor that it may 
go to the Auditor. Any information 
that may be in the possession 
of the Auditor and not to be obtained 
from his office, can be obtained from 



ADJOURNMENT 



125 



Saturday] 



NEWSOM-CAMPBELL-BALLARD 



[June 34 



the Secretary of State and Treasurer. 
Mr. NEWSOM. As to the proprie- 
ty of the resolution going to the Au- 
ditor, the way I understand the work- 
ing of our State Government is this; 
the Auditor enters on his books 
every appropriation. 

Mr. HASCALL. I correct the gen- 
tleman, only when the warrant is 
drawn. 

Mr. NEWSOM. I do not accept the 
correction because if the Auditor 
does not have the information, I 
would ask when is he to stop aud- 
iting and issuing warrants? He 
must have every appropriation on his 
books, and when accounts come in 
to him he must audit them in pro- 
portion to the amount appropriated 
by the Legislature, otherwise you 
make the Auditor of this State a 
disburser of the public money at 
leisure, not according to law. You 
see the reason he must know what 
the appropriations are. He does 
know and for what purpose. 

The PRESIDENT. Gentlemen, the 
question is upon the motion of Mr. 
Newsom. 

The motion was agreed to. 
.\d,jouriunent. 

Mr. CAMPBELL. Mr. President, I 
move that when the Convention ad- 
journs it adjourn until Monday at 
two o'clock. 

Mr. BALLARD. I offer an amend- 
ment, and say ten o'clock Monday. 

The PRESIDENT. The rule says 
the longest time shall he put first, 
so that the question 'put will be on 
the motion of the gentleman from 
Otoe (Mr. Campbell). 

Mr. BALLARD. I call for the 
ayes and nays. 



The Secretary proceedea to can 
the roll. The result was announced 
— "yeas" 27, "nays" 17, as follows: 

AYES. 



Abbott, 


Maxwell, 


Boyd, 


Newsom, 


Campbell, 


Philpott, 


Estabrook, 


Reynolds, 


Grenell, 


Scofleld, 


Griggs, 


Sprague, 


Hascall, 


Stevenson, 


Kenaston, 


Thummel, 


Kilburn, 


Towle. 


Lake, 


Vifquain, 


Ley, 


Wakeley, 


McCann. 


Weaver, 


Majors, 


Mr. President 


Manderson, 






NAYS— 17. 


Ballard, 


Moore, 


Cassell, 


Parker, 


Curtis, 


Price, 


Gibbs, 


Robinson, 


Granger, 


Shaff, 


Gray, 


Speice, 


Hinman. 


Stewart, 


Kirkpatrick, 


Thomas, 


Lyon, 




ABSENT 


AND NOT VOTING. 


Eaton, 


Parchen, 


Mason. 


Tisdel, 


Myers, 


Wilson, 


Neligh, 


Woolworth. 



Leave of Absence. 

Mr. THOMAS. Mr. President, I 
desire to ask leave of absence for 
Mr. Majors until two o'clock Wed- 
nesday. 

Leave of absence granted NEM. 
CON. 

Mr. GRENELL. I move the Con- 
vention now adjourn. 

The motion was agreed to and the 
Convention (at eleven o'clock) ad- 
journed. 



126 



ADDlTIOIs'AL CLERKS 



Monday] 



WAICELEY— ESTABBOOK— TOWLE 



IJune 36 



ELEVENTH DAY. 
Monday, June 26, 1871. 

The Convention was called to or- 
der at two o'clock p. m. by the Presi- 
dent. 

Prayer. 

Prayer was made by the Chaplain 
to the Convention as follows: 

Almighty and allwise God, we ac- 
knowledge our dependence upon 
Thee as we enter upon the duties of 
another week. We pray we may 
have the love of God in our hearts 
and his blessings upon us. May it 
please Thee to keep our hearts and 
minds. These blessings we ask 
through Jesus Christ our Lord. Amen. 

Reading of The Journal. 

The Secretary read the Journal of 
the last days proceedings. 

Leave of Absence; 

Mr. WOOLWORTH. Mr. Presi- 
dent. I ask leave of absence until 
to-morrow morning for Mr. Lake. 

Leave granted. 

Mr. NEWSOM. Mr. President. 
I ask leave of absence until to-mor- 
row. I understand one of his child- 
ren is sick. 

Leave granted. 

Unfinished Business. 

The Secretary read from the Jour- 
nal of Saturday as follows: 

Bv Mr. WAKELEY. 

RESOLVED: That the President 
of the Convention be authorized to 
employ any additional clerks which 
mav be necessary. 

To which Mr. ESTABROOK offered 
the following substitute; 

RESOLVED: That the Conven- 
tion d'o now proceed to elect an En- 
grossing and Enrolling clerk, who 
shall do such duties as shall be pre- 
scribed by the President. 

On motion of Mr. Campbell the 



whole subject was postponed until 
Monday next. 

The PRESIDENT. Gentlemen, the 
question is upon the Substitute. 

Mr. THOMAS. Mr. President, I 
would like to hear the substitute 
read. 

The substitute is read by the Sec- 
retary again. 

The PRESIDENT. The question 
is upon the passage of the substitute. 

Mr. HASCALL. Mr. President. I 
call for the reading of the substitute 
again. I did not hear it distinctly. 

The PRESIDENT. The Secretary 
will read the resolution and also the 
substitute, again. 

The Secretary reads the resolution 
of Mr. Wakeley. and the substitute 
offered by Mr. Estabrook. 

The PRESIDENT. I will ask the 
gentleman from Douglas (Mr. Es- 
tabrook) whether Mr. Wakeley con- 
sented to take the substitute. 

Mr. ESTABROOK. No sir. 

Mr. TOWLE. Mr. President. As 
I understand the question now before 
the House is this. I understand that 
if we vote aye now, we vote to im- 
mediately proceed to the election of 
Engrossing and Enrolling clerks. 

The PRESIDENT. Yes sir. 

Mr. TOWLE. This subject was well 
discussed last week, and it seems to 
me there is but little for these clerks 
to do: there will be nothing for an 
Enrolling clerk to do until the Con- 
stitution is finally adopted. I am in- 
formed by gentlemen who know that 
there is no necessity for these clerks 
at this time. That all that is neces- 
sary is an assistant clerk for our 
present clerks. I don't know what 
writing there is for an Engrossing 



CLERKS— LEGISLATIVE REPORT 



127 



Monday] 



ESTABROOK—HINMAN— MYERS 



[June 26 



clerk to do. The Committees are 
all doing their own writing, the prob- 
ability is that all the reports to this 
Convention will be drawn up and En- 
grossed by the Chairman of the Com- 
mittees themselves. For myself I am 
willing, I am willing to do all the 
writing connected with the Commit- 
tees I am on. On Friday, we will 
adjourn probably for ten days, and 
the pay of the clerks will go on. I 
am in favor of the original resolution 
of Judge Wakeley — that the Presi- 
dent employ such clerks as are need- 
ed from day to day. 

Mr. ESTABROOK. Mr. President, 
that this Convention will need 
sometime during its progress, clerks 
by whatever name you wish to call 
them, to do the Engrossing and En- 
rolling for this Convention there is 
no doubt. The duties of the Engross- 
ing clerk will begin as soon as bills 
commence to be passed upon. My 
object is to save expense. Now if 
you elect these clerks they can per- 
form duties as assistants and 
whenever you want Engrossing or 
Enrolling done you have your 
clerks ready for those duties. If 
these clerks are appointed under this 
order the President can assign them 
duties as assistants until such time 
as they are needed as Engrossing and 
Enrolling clerks and so we can save 
the expense of additional clerks. The 
duties are not accurately described 
any where, for Enrolling and En- 
grossing clerks, and while there is 
no other duties, the President can in- 
dicate that thev should assist the 
present clerks. 

Mr. HINMAN. Mr. President, I 
understand thes'. clerks have to work 
until 12 o'cloct at night and I don't 



think this Convention should ask any 
men to work through the whole day 
and half of the night for three dol- 
lars. I don't think our clerks can 
stand up under this work and I 
think it would be economy to give 
them necessary assistance. 

Mr. GRIGGS. Mr. President, I 
would be willing that the President 
of this Convention should employ 
such clerical assistance as may be 
necessary but I am not willing to 
employ an Enrolling and Engrossing 
clerk at this time. 

Mr. TOWLE. Mr. President, I 
move that the further consideration 
of the substitute be postponed until 
two weeks from to-morrow. 

The motion to postpone was agreed 
to. 

The PRESIDENT. The question 
now is upon the passage of the origi- 
nal resolution. 

The Convention divided and the 
resolution was agreed to. 
Reports from Standing Conrmittees. 

Mr. MYERS. Mr. President, The 
Legislative Committee have instruct- 
ed me to submit the following re- 
port. 

Mr. STEWART. Mr. President, I 
move that 2 00 copies of the report 
be ordered printed for the use of the 
Convention. 

Mr. MYERS. Mr. President, I de- 
sire to have the report read the first 
time. 

Mr. WOOLWORTH. Mr. Presi- 
dent, as the report will be printed 
and furnished to each member I 
would object to the reading now to 
save time. 

Mr. MYERS. Mr. President, I 
must insist upon the observance of 



128 



LEGISLATIVE ARTICLE 



Monday I 



MYERS' REPORT 



[June 3& 



the rule, that wnen_an Article is pre- 
sented it must be read the first time. 

By request Mr. Myers read the re- 
port as follows: 
MR. PRESIDENT: 

Your Committee on the Legislative 
department present the following re- 
port : 

That they have considered the 
various propositions submitted to 
them by the Convention in reference 
to this portion of the State Constitu- 
tion, and respectfully recommend the 
following: 

1. Legislative — Senators and Mem- 
bers. 

2. Enacting Clause and Bills. 

3. Enumeration and Apportionment. 

4. Election of Senators. 
5-6. Legislative Districts. 

7. Who are Eligible. 

8. Senatorial Classes. 

9. Legislative officers and Contest- 
ed Elections. 

10. Disqualifications of Senators and 

Members. 

11. Disqualification for office. 

12. Pay and mileage of members of 
the Legislature. 

13. Persons ineligible as members of 

the Legislature. 

14. Crime a disqualification. 

15. Impeachment. 

lO. Impeachable officers. 

17. Oath of Office. 

l.S. Bills for Governor — Objections. 

19. Concurrent orders and resolu- 
tion. 

20. Appropriation Bills to Originate 
in the House of Representatives. 

21. Salt Lands vested forever In the 
State. 

22. Quorum for each House. 

23. Senate and House may expel. 

24. Journal and manner of voting. 
2 5. Freedom of debate. 

2G. Stationery and printing. 
2 7. Organizing House of Representa- 
tives. 

25. Passage and signing of Bills. 
29. Indebtedness due the State. 



30 — 31 — 32. Bribery. 
3 3. Privileges of Senators and Mem- 
bers. 
3 4. Divorce. 
3 5. Vacancies. 

36. Revenue. 

37. Vice and Immorality. 

38. Public money and Appropriations. 

3 9. Payment of money: statement of 

expenses. 

40. Ordinary expenses; casual defi- 
cits: appropriations limited. 

41. Extra Compensation or Allow- 
ance. 

42. Public credit not loaned. 

43. Fuel, stationery and printing. 

44. State not to be sued. 

4 5. Terms of office no" extended. 

4 6. Concerning roads — public and 

private. 
47. Draining and ditrhing. 
4 8. Homestead and Exemption Laws. 

ARTICLE II. — LEGISLATIVE. 
Legislative Authority and Election. 

•y. 1. The Legislative authority of 
the State shall be vested in the Sen- 
ate and House of Representatives, 
both to be elected by the people. The 
Senate shall not exceed thirty-three 
Senators, nor the House of Represen- 
tatives more than one hundred mem- 
bers. The Representatives shall be 
chosen annually, by the citizens of 
each county respectively, on the Tues- 
day succeeding the first Monday in 
November. Senators shall be elected 
for the term of three years, and rep- 
resentatives for the term of one year 
from the day next after their gen- 
eral election. 

Enacting Clause. 

^. 2. The enacting clause of all 
bills shall be: "Be it enacted by the 
legislature of the State of Nebraska;' 
and no law shall be enacted except 
by bill. 

No bill shall be passed unless by 
the assent of a majority of all the 
members elected to each branch of 
the legislature, and the question upon 
the final passage shall be taken im- 
mediately upon its last reading, and 
the yeas and nays entered upon the 



LEGISLATIVE ARTICLE 



129 



Monday I 



[June 26 



journal. 

Xo bill which may be passed by 
the legislature shall embrace more 
than one subject, and that shall be 
expressed plainly and clearly in the 
title. 

Enumeration and Apportionment. 

«". 3. An enumeration of the in- 
habitants of the state shall be taken 
under the direction of the legislature 
in the year one thousand eight hund- 
red and seventy-flye, and at the end 
of every ten years thereafter, and 
the districts shall be so altered by 
the legislature at the first session 
after the return of every enumeration 
that each senatorial district shall 
contain, as nearly as may be, an equal 
number of inhabitants excluding 
aliens and Indians not taxed, and 
shall remain unaltered until the 
return of another enumeration, and 
shall at all times consist of contigu- 
ous territory, and no county shall 
be divided in the formation of a 
senate district. 

The members of the house of rep- 
resentatives shall . be apportioned 
among the several counties of the 
state by the legislature, as nearly as 
may be, according to the number of 
their respective inhabitants, exclud- 
ing aliens and Indians not taxed, and 
shall be chosen by districts. 

The number of representatives 
shall, at the several periods of mak- 
ing such enumeration, be fixed by the 
legislature and apportioned among 
the several counties according to the 
number of inhabitants in each. 

Election of Senators. 

^. 4. The senators shall be 
chosen for three years, by the citi- 
zens of the several senatorial dist- 
ricts, at the same time, in the same 
manner, and at the same place, where 
they shall vote for representatives. 

«T. 5. The number of senators 
shall, at the several periods of mak- 
ing the enumeration before mention- 
ed, be fixed by the legislature, and 
apportioned among the districts 
9 



formed as hereinafter directed, ac- 
cording to the number of .inhabit- 
ants in each as shown by the United 
States or other enumeration, and 
shall never be less than one-fourth 
nor greater than one-third of the 
number of representatives. 

•y. 6. The senators shall be 
chosen in districts to be formed by 
the legislature each district contain- 
ing such a number of inhabitants as 
shall be entitled to elect not more 
than three senators. When a dist- 
rict shall be composed of two or more 
counties they shall be adjoining. No 
city or county shall be divided in 
forming a district. 

Who are Eligible. 

^. 7. No person shall be a sena- 
tor who shall not have attained the 
age of twenty-five years, and have 
been a citizen and inhabitant of the 
state three years next before his elec- 
tion, and the last year thereof an in- 
habitant of the district for which 
he shall be chosen, unless he shall 
have been absent on the public busi- 
ness of the United States or of this 
state, and no person elected as afore- 
said, shall hold said office after he 
shall have removed from such dist- 
rict. 

Senatorial Classes. 

^. S. Immediately after the sena- 
tors shall be assembled in conse- 
quence of the first election, subse- 
quent to the first enumeration, they 
shall be divided by lot, as equally as 
may be, into three classes. The 
seats of the senators of the first class 
shall be vacated at the expiration 
of the first year; of the second class 
at the expiration of the second year; 
and of the third class at the expira- 
tion of the third year. 

Time of Meeting. 

^. 9. The general assembly shall 
meet in the capitol on the first Tues- 
day of January in every year, unless; - 
sooner convened by the governor. 



130 



LEGISLATIVE ARTICLE 



[June 26 



Legislative Officers and Contested 
Elections. 

^. 10. Each house shall choose 
its president and speaker, and other 
officers. Each house shall judge of 
the qualiflcations of its members. 
Contested elections shall be deter- 
mined by a committee to be selected, 
formed and regulate in such man- 
ner as shall be directed by law. A 
majority of each house shall con- 
stitute a quorum to do business, but 
a less number may adjourn from day 
to day, and may be authorized by 
law to compel the attendance of ab- 
sent members, in such manner and 
under such penalties as may be pro- 
vided. 

Disqualification of Senators and 
Members. 

<j. 11. No person being a mem- 
Ijer of congress, or holding any judi- 
cial or military office under the 
United States, shall hold a seat in 
the legislature. 

And if any person shall, after his 
election as a member of the legis- 
lature, be elected to congress, or ap- 
pointed to any office, civil or mili- 
tar}^ under the government of the 
United States his acceptance thereof 
shall vacate his seat. 

Disqualification for Office. 

jf. 12. No member of the legis- 
lature shall receive any civil appoint- 
ment within-this state, or to the sen- 
ate of the United States, from the 
governor, the governor and senate, or 
from the legislature, during the time 
for which he shall have been elected: 
and all such appointments, and all 
votes given for any such member 
for any such office or appointment, 
shall be void. 

Pay and Mileage of Members of the 
liegislature. 

^. 13. The members of the legis- 
lature shall receive for their services 
a sum not exceeding four dollars per 
day, from the commencement of the 



session; but such pay shall not ex- 
ceed in the aggregate four hundred 
dollars for per diem allowance, ex- 
cept in proceedings for impeach- 
ment. When convened in extra ses- 
sion by the governor they shall re- 
ceive four dollars per day. They 
shall receive the sum of one dollar 
for every ten miles they shall travel 
in going to and returning from the 
state capitol on the most usual route. 
The president of the senate and 
speaker of the house of representa- 
tives shall, in virtue of their offices, 
receive an additional compensation 
equal to one-third of their per diem 
allowance respectively. 

Persons Ineligible as Members of 

the Legislature. 

fl. 14. No person liable for pub- 
lic monies unaccounted for shall be 
eligible to a seat in either house of 
the legislature, or to any office of 
profit or trust until he shall have 
accounted for and paid over all sums 
for which he may have been liable. 

Crime a Disqualification. 

^. 15. No person shall be elig- 
ible to any office of profit or trust, 
nor shall be permitted to exercise 
the right of suffrage within this 
state, who shall have been convicted 
of bribery, perjury, or other infam- 
ous crime. 

Inipeaclunent. 

fj 16. The House of Representa- 
tives shall have the sole power of im- 
peachment, but a majority of all 
members elected must concur therein. 

All impeachments shall be tried by 
the Senate, and when sitting for that 
purpose, the Senators shall be upon 
oath or affirmation to do justice ac- 
cording to law and evidence. When 
the Governor of the State is tried 
the Chief Justice shall preside. No 
person shall be convicted without 
the concurrence of two-thirds of the 
Senators elected, but judgment in 
cases of impeachment shall not ex- 
tend further than to removal from 



LEGISLATIVE ARTICLE 



131 



office and disqualification to hold and 
enjoy any office of honor, profit or 
trust under this state; but the im- 
peached shall nevertheless be liable 
to indictment and punishment ac- 
cording to law. No officer shall exer- 
cise his office after he shall have 
been impeached, until he shall have 
been acquitted. 

^. 17. The Governor, Secretary 
of State, Auditor, Treasurer. Judges 
of the Supreme and Districts Courts, 
and all other elective State officers, 
shall be liable to impeachment for 
any misdemeanor in oflice. 

Oath of Office. 

fl. IS. Members of the Legislature, 
and all other oflicers elective and Ju- 
dicial, except such inferior officers as 
may be by law exempted, shall, be- 
fore they enter on the duties of their 
respective offices, take and subscribe 
the following oath or affirmation; 
"I do solemnly swear (or 
affirm, as the case may be) that 
I will support the Constitutionof 
the United States, and the Con- 
stitution of the State of Nebras- 
ka, and that I will faithfully dis- 
charge the duties of the office of 

with fidelity, and acord- 

ing to the best of my ability." 

Bills for Governor and Objections. 

^ 19. Every bill which shall have 
passed both houses shall be presented 
to the Governor. If he approves he 
shall sign it, but if he shall not ap- 
prove he shall return it, with his ob- 
jections, to the house in which it 
shall have originated, who shall en- 
ter the objections at large upon their 
journal and proceed to reconsider it. 
If, after such re-consideration, two- 
thirds of that house shall agree to 
pass the bill, it shall be sent, with the 
objections, to the other house, by 
which likewise it shall be reconsider- 
ed, and if approved by two-thirds of 
that house, it shall become a law; 
but in such, cases the votes of both 
houses shall be determined by yeas 
and nays, and the names of the per- 
sons voting for or against the bill 



shall be entered on the Journals of 
each house respectively. If any bill 
shall not be returned by the Governor 
within ten days (Sundays excepted) 
after it shall have been presented to 
him, it shall be a law in like man- 
ner as if he had signed it, unless the 
Legislature, by their adjournment, 
prevented its return, in which case 
it shall be a law unless sent back 
within three days after their next 
meeting. 

fl 20. Every order, resolution or 
vote to which the concurrence of both 
houses may be necessary (except on 
a question of adjournment) shall be 
presented to the Governor, and be- 
fore it shall take effect be approved 
by him. or, being disapproved shall 
be re-passed by two-thirds of both 
houses, according to the rules of lim- 
itations prescribed in case of a bill. 

^ 21. Any bill may originate in 
either house of the Legislature, ex- 
cept bills appropriating money, which 
shall originate only in the House of 
Representatives, and all bills passed 
by one house may be amended by the 
other. 

Salt Lands Vested Forever in The 
State. 

U 22. The Legislature shall never 
sell or dispose of the saline lands be- 
longing to this State, but may author- 
ize the purchase of contiguous lands 
thereto by authority of law, as may 
be necessary for the convenience and 
interest of the State. 

Qnonun for Each House. 

♦T 2 3. A majority of each house 
shall constitute a quorum to do busi- 
ness, (except in cases of impeach- 
ment.) Each house shall determine • 
the rules of its own proceedings, and 
be the judges of the elections, returns 
and qualifications of its own mem- 
bers and shall choose its own officers. 

Senate and House May Expel. 

^ 24. Each house may determine 
the rules of its procedings, punish its 
members for disorderly behavior. 



132 



LEGISLATIVE ARTICLE 



Monday] 



and with the concurrence of two- 
thirds, expel a member, but not a 
second time for the same cause; and 
shall have all other powers necessary 1 
for a branch of the Legislature of a I 
free State. 

Journal and Maimer of Voting. 

'[2 5. Each house shall keep a jour- 
nal of its proceedings, and publish 
them, (except such parts as may re- 
quire secrecy) and the yeas and nays 
of the members on any question 
shall, at the desire of any two of 
them, be entered upon the journal. 
All votes in either house shall be 
"viva voce." 

The doors of each house, and Com- 
mittees of the whole, shall be open. 
unless when the. business shall be 
such as ought to be kept secret. 
Neither house shall, without the con- 
sent of the other, adjourn for more 
than three days. 

Freedom of Debate. 

^2 0. For any speech or debate in 
either house of the Legislature the 
members shall not be questioned in 
anv other place. 

il 2 7. The Legislature shall provide 
by law that all stationery required 
for the use of the State, and all print- 
ing authorized and required by them, 
to be done for their use or for the 
State, shall be let by contract to the 
lowest bidder; but the Legislature 
may establish a maximum price. 

No member of the Legislature or 
other State officer shall be interest- 
ed, either directly or indirectly, in 
any such contract. 

'^2 8. The mode of organizing the 
house of Representatives at the com- 
mencement of each regular session, 
shall be prescribed by law. 

<[ 29. Each bill and concurrent 
resolution, shall be read at large on 
three different days in each house, 
and the bill, and all amendments 
thereto, shall be printed before the 
vote is taken on the final passage. 

The presiding officer of each house, 
shall sign in the presence of the 
house over which he presides, while 



the same is in session, and capable 
of transacting business, all bills and 
concurrent resolutions passed by the 
Legislature. 

Indebtedness due The State. 

^. 30. The Legislature shall have no 
power to release or relinquish in 
whole or in part, the indebtedness, 
liability or obligation of any corpor- 
ation or individual to this State, or 
to any municipal corporation therein. 

r 31. Any person holding office un- 
der or by virtue of the laws of this 
State, who, except in payment of his 
salary, fees or perquisites, receives, 
or consents to receive, directly or 
indirectly, anything whatever of val- 
ue, or of personal advantage, or the 
promise thereof, for performing or 
omitting to perform, any official act 
or, with the express or implied un- 
derstanding that his official action 
or inaction is to be in some manner 
or degree influenced thereby, shall be 
deemed guilty of a felony, and on 
conviction shall be punished as the 
Legislature may provide. 

<|32. Any person or persons offer- 
ing a bribe, if the same shall be ac- 
cepted, shall not be liable to civil or 
criminal prosecution therefor. 

But any person who offers or prom- 
ises such bribe, if the same shall be 
rejected by the officer to whom it Is 
tendered, shall be deemed guilty of 
an attempt to bribe, which is hereby 
declared to be a felony, and on con- 
viction shall be punished as provided 
by this article. 

^33. Any person charged with re- 
ceiving a bribe, or with offering or 
promising a bribe that is rejected, 
shall be permitted to testify in his 
own behalf in any civil or criminal 
prosecution therefor. 

Privileges of Senators and Jlembers. 

1|34. Members of the Legislature 
shall in all cases except treason, fel- 
ony or breach of the peace, be privi- 
leged from arrest, nor shall they be 
subject to any civil process during 
the session of the Legislature, nor 



LEGISLATIVE ARTICLE 



133 



for fifteen days next before the Com- 
mencement, and after the termina- 
tion of each session. 

Divorce. 

^3 5. The Legislature shall not 
have power to enact laws annulling 
the contract of marriage in any case 
where by law the courts of the State 
are or hereafter may be empowered 
to decree a divorce. 

Vacancies. 

^ 3G. When vacancies occur in 
either house the president of the Sen- 
ate or speaker of the House in which 
the vacancy may occur, shall issue 
writs of election to fill such vacan- 
cies. 

^ 37. All bills for raising revenue 
shall originate In the House of Rep- 
resentatives, but the Senate may pro- 
pose amendments, as in other bills. 
No money shall be drawn from the 
Treasury but in consequence of ap- 
propriations made by law. 

Vice and Immorality. 

^38. The Legislature shall provide 
by law for the suppression of vice and 
immorality in this State, and shall 
never authorize any games of chance, 
lottery or gift enterprise, under any 
pretense or for any purpose whatever. 

Public Money and Appropriations. 

^ 39. The Legislature shall make 
no appropriations of money out of 
the treasury in any private law. Bills 
making appropriations for the pay of 
members and officers of the Legis- 
lature, and for the salaries of the 
officers of the government, shall con- 
tain no provision on any other sub- 
ject. The salary of any officer shall 
not be increased for any term for 
which he may have been appointed 
or elected. 

^ 40. No money shall be drawn 
from the treasury except in pursu- 
ance of an appropriation made by 
law, and on the presentation of a 
warrant issued by the Auditor 
thereon; and no money shall be di- 



verted from any appropriation made 
for any purpose, or taken from any 
fund whatever, either by joint or sep- 
erate resolution. The Auditor shall, 
withiu 00 days after the adjournment 
of each session of the Legislature 
prepare and publish a full statement 
of all money expended at such ses- 
sion specifying the amount of each 
item, and to whom and for what 
paid. 

^41. Each Legislature shall pro- 
vide for all the appropriations nec- 
essary for the ordinary and contin- 
gent expenses of the government un- 
til the expiration of the first fiscal 
quarter after the adjournment of the 
next regular session, the aggregate 
amount of which shall not be increas- 
ed without a vote of two-thirds of 
the members elected to each house, 
nor exceed the amount of revenue 
authorized by law to be raised in 
such time; and all appropriations, 
general and special, requiring money 
to be paid out of the State Treasury 
from the funds belonging to the 
State shall end with such fiscal quar- 
ter; PROVIDED, that the State may 
meet casual deficits or failures in rev- 
enues, contract debts never to exceed 
in the aggregate $250,000; and mon- 
ies thus borrowed shall be applied to 
the purpose for which they were ob- 
tained, or to pay the debt thus creat- 
ed, and to no other purpose; and 
no other debt except for the purpose 
of repelling invasion, suppressing in- 
surrection or defending the State in 
war. (for payment of which the faith 
of the State shall be pledged) shall 
be contracted unless the law author- 
izing the same shall, at a general 
election, have been submitted to the 
people, and have received a major- 
ity of the votes cast for members of 
the Legislature at such election. The 
Legislature shall provide for the pub- 
lication of said law for three months 
at least, before the vote of the people 
shall be taken upon the same; and 
provision shall be made at the time 
for the payment of the interest an- 
nually as it shall accrue, by tax 
levied for the purpose, or from other 



ISA 



LEGISLATIVE ARTICLE 



sources of revenue, which law pro- 
viding for the payment of such inter- 
est by such tax shall be irrepealable 
until such debt is paid. And provid- 
ed, further, that the law levying 
the tax shall be submitted to the peo- 
ple with the law authorizing the 
debt to be contracted. 

r 4 2. The Legislature shall never 
grant or authorize extra compensa- 
tion, fee or allowance to any public 
officer, agent, servant or contractor, 
after service has been rendered or a 
contract made, nor authorize the pay- 
.ment of any claim or part thereof, 
hereafter created against the State, 
under any agreement or contract 
made without express authority of 
law; and all such unauthorized 
agreements or contracts shall be null 
and void. PROVIDED, the Legisla- 
ture may make appropriations for ex- 
penditures incurred in suppressing 
insurrection or repelling invasion. 

11 43. The State shall never pay, 
assume or become responsible for the 
debts or liabilities of or in any man- 
ner give, loan or extend its credit to 
or in aid of any public or other cor- 
poration, association or individual. 

Miscellaneous. 

^4 4. The Legislature shall provide 
by law that the fuel, stationery and 
printing paper furnished for the use 
of the State, the copying, printing 
binding and distributing the laws and 
journals, and all other printing ord- 
ered by the Legislature, shall be let 
by contract to the lowest bidder; but 
the Legislature shall fix a maximum 
price; and no member thereof, or 
other officer of the State, shall be in- 
terested, directly or indirectly, in 
such contract. But all such contracts 
shall be subject to the approval of 
the Governor, and if he disap- 
proves of the same there shall be a 



re-letting of the contract in such 
manner as shall be prescribed by law. 

fl 45. The State of Nebraska shall 
never be made defendant in any 
court of law or equity. 

^ 4G. No law shall be passed which 
shall operate to extend the term of 
any public officer after his election 
or appointment. 

«T 4 7. It shall be the duty of the 
Legislature to pass such laws as may 
be necessary for the protection of 
operative miners, by providing for 
ventilation when the same may be re- 
quired, and the construction of the 
escapement shafts, or such other ap- 
pliances as may secure safety in all 
coal mines, and to provide for the 
enforcement of said laws by such pen- 
alties and punishments as may be 
deemed proper. 

^ 4S. The Legislature shall provide 
for establishing and opening roads 
and cartways connected with a pub- 
lic road for private and public use. 

^ 4 9. The Legislature may pass 
laws permitting the owners or occu- 
pants of lands to construct drains 
and ditches for agricultural and san- 
itary purposes across the lands of 
others. 

U 50. The Legislature shall pass 
liberal homestead and pre-emption 
laws. 

Mr. MYERS. I move that 200 
copies be printed. 

Motion agreed to. 

Conimnnications. 

The PRESIDENT. Gentlemen, I 
have a communication from the Au- 
ditor, which the clerk will read, if 
there is no objection. 

The Secretary read the communi- 
cation as follows. 



Auditor's Office, Lincoln, Nebraska, June 26, 1871. 
Hon. S. A. STRICKLAND, 

President Constitutional Convention: 
Sir: — In reply to a resolution of your honorable body, dated June 
24, 1S71, requesting an explanation in general terms of the amount of 



EEPORT OF STATE EXPENSES 135 



Monday] GILLESPIE-CURTIS [June 26 

annual expenses on the General Fu nd. 

I have the honor to submit th e following as shown by the appro- 
priation bills passed at the eighth session of the Legislature, and the ex- 
penditures authorized by statute: 

APPROP RIATIONS. 

Deaf and Dumb (erection of buildings) $15,000.00 

Normal School (erection of buildings) 27,758.50 

Insane Asylum (outstanding indebtedness) 19,317.97 

Insane Asylum (expenses of 1S71) 34,800.00 

Building Powder Magazine 231.46 

Immigration expenses 15,000.00 

Legislative expenses 16,000.00 

Impeachment trials 10,000.00 

Constitutional Convention expenses 15,000.00 

For the payment' of persons 34,895.51 

Improvement of Library (Law Division) 1,000.00 

Publication of Laws of 1870 50.00 

Copying Laws 249.80 

Relief of Geo. W. Whitehead 1,200.00 

Relief of John M. McDonald 200.00 

Current expenses of 1871 65,178.87 

Total $25 5,882.11 

EXPENSES AUTHORIZED BY STATUTE. 

Wolf and Wild Cat Bounties $1,500,00 

Gopher 1,000,00 

Fugitives from Justice 1,000.00 

Insane expenses (fees) 8,, 000. 00 

State Convicts (fees) '. 2,000.00 

Expenses Sale of School Lands 5,000.00 

Revenue Expenses 7,500.00 

Total $26,000.00 

Appropriations brought forward 255,882.11 

Grand Total $281,882.11 

The grand total, although considerably larger than my estimate of 
two hundred thousand dollars ($200,000), as the annual expenses on this 
Fund, will, as several of the appropri ations will not all be paid this year, 
about reach the average expenses that this fund pays annually. 
Respectfully yours, etc., 

JOHN GILLESPIE. 

State Auditor. 



The Secretary read the resolution 
The PRESIDENT. Unless there is „^ <,„,i„„„. 

as follows: 
some objection, 200 copies will be 

ordered printed. Believing that the Christian re- 

<?n nr/ioroH Hglon is the foundation of our civil 

bo oraerea. liberties, that its benign, equalizing 

Mr. CURTIS. Mr. President, I ^°^ glorious principles have upheld 

and perpetuated our Republican insti- 

have a resolution to offer. tutions, and believing that a desecra- 



136 



SUNDAY LAWS— DAVID BUTLER 



SOX-GRIGGS 


IJune M 


Granger, 


/Xeligh, 


Gray, 


Xewsom, 


Griggs. 


Price. 


Hascall, 


Robinson, 


Hinman. 


Shaff, 


Ley, 


Speice. 


Lyon, 


Sprague, 


McCann. 


Stevenson, 


Manderson, 


Thumniel, 


Moore, 


Thomas, 


Myers, 


Woolworth. 




NAYS— 15 


Campbell, 


Reynolds, 


Cassell, 


Scofield, 


Curtis, 


Stewart, 


Kenaston, 


Towle, 


Kilburn, 


Vifqualn, 


Klrkpatrick, 


Weaver, 


Parker, 


Wilson, 


Philpott. 




ABSENT 


OR NOT VOTING. 


Grenell, 


Parchen, 


Lake. 


Price, 


Majors, 


Reynolds, 


Mason, 


Wakeley, 


Maxwell, 





tion of the Christian Sabbath by se- 
cular pursuits and amusements have 
a tendency to drag down and destroy 
the religious influences of the coun- 
try and carry us back to the dark 
ages, therefore 

RESOLVED: That it is the sense 
of this Convention that Statutory pro- 
visions to prevent the desecration of 
the Christian Sabbath are eminently 
right and proper in this and all other 
States of our union. 

Mr. CASSELL. Mr. President, I 
move the adoption of the resolution. 

Motion agreed to. 

Mr. WILSON. Mr. President, I 
wish to offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the privileges 
of the floor of this Convention be 
and the same are hereby extended 
to David Butler. 

Mr. MYERS. Mr. President, I 
move the indefinite postponement of 
the consideration of the resolution. 

The PRESIDENT. Gentlemen, the 
question is upon the indefinite post- 
ponement. 

Mr. WILSON. Mr. President, I 
call for the ayes and nays. 

Mr. PHILPOTT. I desire to have 
the resolution read again. 

The Secretary read the resolution 
again. 

The PRESIDENT, being requested 
to vote read from Cushing's Manual 
the rule and remarks governing the 
vote of the President. 

The Secretary called the roll, with 
the following result: ayes — 28 nays 
— 15, as follows: 



AYES— 2 8 



Abbott. 
Ballard, 
Boyd, 



Eaton, 

Estabrook, 

Gibbs, 



So the motion to indefinitely post- 
pone prevailed. 

Mr. GRIGGS. Mr. President, I 

have a resolution I wish to present, 
and I move you that it be referred to 
the Committee on Judiciary. 

The Secretary read the resolution 
as follows: 

WHEREAS: In answer to reso- 
lution of this Convention addressed 
to the Secretary of State requesting 
him to furnish the entire cost of the 
public printing of this state up to the 
present date (June 22nd 1.S71). 
He replies that "the entire disburse- 
ment for that purpose was $20,S51.- 
00 and 

WHEREAS: Such Information 
does not contain the information 
sought by this Convention, therefore 
be it " 

RESOLVED: That the Secretary 
of Stale be requested to furnish the 



DUELLING— MINORITY REPRESENTATIONS 137 



Monday] 



SPEICE-WOOL WORTH— CAMPBELL 



[June 26 



Information sougut by llie original 
resolution. 

Mr. Griggs' motion to refer to 
Committee on Judiciary was agreed 
to. 

Mr. SPEICE. Mr. President, I 
wish to offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That there should 
be a provision in the Constitution as 
follows; Any inhabitant of this State 
who shall hereafter be engaged in a 
duel, either as principal or second, 
or who shall send or accept a chal- 
lenge, or knowingly be the bearer of 
a challenge to fight a duel, or shall 
aid or assist, or in any manner en- 
courage duelling — any person so of- 
fending shall forever be disqualified 
as an elector, and from holding any 
office under the laws of this State and 
be punished in addition, in such man- 
ner as shall be provided by law. 

Mr. SPEICE. Mr. President, I 
move the adoption of the resolution. 

Mr. HASCALL. Mr. President, 
that is a proposition to be engrafted 
in our Constitution and our rules re- 
quire it be referred to the proper 
Committee. 

Mr. SPEICE. Mr. President, I 
move it be referred to the Committee 
on Miscellaneous Subjects. 

Motion agreed to. 

Mr. WOOLWORTH. Mr. Presi- 
dent, I wish to offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the Committee 
on Electoral and Representative Re- 
form be instructed to draft and re- 
port a scheme for introducing into 
the election of oificers of the Execu- 
tive Department the principle of mi- 
nority representation. 

Referred to the Committee on 



Electoral and Repi'esentaiive Re- 
form. 

Mr. WOOLWORTH. Mr. Presi- 
dent, I offer another resolution. 

The Secretary read the second 
resolution of Mr. Woolworth as fol- 
lows: 

RESOLVED: That the Commit- 
tee on State Institutions and Public 
Buildings inquire into and report to 
this Convention upon the propriety 
of creating the Office of Superintend- 
ent, of Public Buildings, who shall 
be a professional architect. 

Referred to the Committee on 
State Institutions and Public Build- 
ings. 

Mr. WOOLWORTa I offer an- 
other resolution, Mr. President. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the Committee 
on Finance and Revenue be instruct- 
ed to draft and report to this Conven- 
tion a system of accounting in the 
Treasury, providing for a review by 
some officer of the action of the Au- 
ditor upon every claim made against 
the State before the issue of a war- 
rant therefor. 

Referred to the Committee on Rev- 
enue and Finance. 

Mr. CAMPBELL. Mr. President, I 
wish to offer a resolution and move 
its adoption. 

The resolution was read by the Sec- 
retary as follows: 

RESOLVED. That a Committee 
of three be appointed to visit the In- 
sane Asylum with instructions to re- 
port to this Convention to-morrow 
the condition of that institution. 

Resolution adopted. 

The PRESIDENT. Gentlemen, I 
appoint as that Committee, Mr. 
Campbell, Dr. Stewart, and Dr. Ken- 
aston; three physicians. 

Mr. TOWLE. Mr, President. I 



138 



CUMULATIVE YOTIKG— JUDGES— ROADS 



TOWLE- GRIGGS -STEVENSON 



offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That at the time of 
voting on the adoption of this Con- 
stitution, there shall be elected by 
the qualified voters of the State at 
large, three judges of the Supreme 
Court, at the said election each quali- 
fied voter may cast, upon a single 
ballot, three votes for one candidate, 
or he may distribute the same, or 
equal parts thereof among the candi- 
dates as he shall see fit; and the 
three candidates highest in votes 
shall be declared elected judges of 
the Supreme Court. 

Mr. TOWLE. I move Mr. Presi- 
dent the resolution be referred to the 
Committee on Judiciary. 

Motion agreed to. 

Mr. GRIGGS. Mr. President, I 

offer a resolution. 

The Secretary read the resolution 
as follow: 

RESOLVED: That the State be 
divided into three general divisions 
for the election of judges of the Su- 
preme Court, to be denominated 
Southern, Central and Northern, and 
one of the judges of the said court 
shall be elected in each of said dis- 
tricts by the electors thereof at such 
time or times as shall be provided by 
this Constitution. 

Mr. GRIGGS. I move the adoption 
of the resolution. 

Motion agreed to. 

Mr. STEVENSON. Mr. President, 
I wish to offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the title, in 
fee simple, shall vest in any county 
where land is taken for public roads 
or highways, upon said counties in 
which such lands so taken are situ- 
ated, paying,*, or tendering to the 
owner, or guardians of such lands 
the actual value thereof. 



Mr. HASCALL. Mr. President, I 
move it be referred to the Miscellan- 
eous Committee. 

Mr. STEVENSON. The proper 
Committee, Mr. President to refer it 
to, would be the Committee on Roads. 
I think the gentleman is disposed to 
refer too many resolutions to tlie Mis- 
cellaneous Committee. 

The PRESIDENT. The question 
will be upon the reference to the 
first named Committee. 

Mr. HASCALL. Mr. President, I 
withdraw my motion. 

The motion to refer to the Com- 
mittee on Roads, was then agreed 
to. 

The PRESIDENT. For the infor- 
mation of the members of the Con- 
vention. I will say that Mr. Mason, 
Chairman of the Committee on Bill 
of Rights, has handed in his report. 
It can be taken up, but I believe he 
j is not here. Mr. Woolworth, Chair- 
man of the Committee on Executive 
has also reported. That report can 
: be taken up and made the order of 
i the day for tomorrow, if it is desired. 
I Mr. McCANN. Mr. President. I 
will be glad if the report of the Ex- 
ecutive Committee be taken up. since 
Mr. Mason is not here and Mr. Wool- 
worth is. 

Mr. ESTABROOK. Mr. President, 
before anything is done in Committee 
of the Whole-, I hope the Bills will 
be brought in printed, in the usual 
form to be amended. 

The PRESIDENT. The Clerk in- 
forms me that the Bills will be on 
the desks of the members tomorrow 
morning. 

Mr. BALLARD. Mr. President. I 
move we adjourn until 10 o'clock 



CONDITION OF INSANE ASYLUM 



139 



M A X WELL— C A JVIPBELL 



tomorrow morning. 

The motion was agreed to. 

So the Convention (at three 
o'clock and fifteen minutes) adjourn- 
ed. 



TWELFTH DAY. 

Tuesday, June 27, 1871. 
The Convention met at 10 o'clock 
A. M., and was called to order by the 
President. 

Prayer. 

Prayer was offered by the Chap- 
lain to tlie Convention as follows: 

Almighty and most merciful God, 
be thou pleased, we pray, thee, to 
accept our thanks for thy great love. 
May we never forget how much we 
are indebted unto Thee for the peace 
of our land and may it please Thee, 
that we may have above us the pro- 
tection of our flag and the laws, and 
may our actions have ever in view 
the protection of all the people. 
Amen. 

Reading of the Journal. 

The .Tournal of the last day's pro- 
ceedings was read and approved. 
Reports of Standing Committees. 

When the Committee on Rights 
of Suffrage was called, the Chairman, 
Mr. MAXWELL, said: Mr. Presi- 
dent, the Committee on Rights of 
Suffrage made a report on Satur- 
day morning and it was ordered 
printed, but I understand it has been 
lost or mislaid. 

The Secretary stated that the or- 
iginal report had been placed into 
the hands of the Secretary of State 
for printing and he was informed 
that it had been lost, but that he had 
seen a copy of the report printed in 



the "Daily State Journal" this morn- 
ing. » 

Mr. MA'5CWELL. Mr. President, 
I will state that Mr. Gere applied to 
me for a copy on Saturday morning. 
He has published it, 1 think essen- 
tially as made by the Committee. 

The PRESIDENT. It would be 
well for the Chairman of the Com- 
mittee to wait on the Secretary of 
State and find out about it. 

Mr. CAMPBELL. Mr. President, 
the Select Committee appointed yes- 
terday to examine the Insane Asylum 
wish to present their report. 

The Secretary read the report as 
follows: 

Mr. President, your Committee 
which was appointed to visit the In- 
sane Asylum, and to report the con- 
dition of said institution to this Con- 
vention, would beg leave to report. 

The building is a low, two-story 
frame building, sixty feet long by 
eighteen wide, with a shed room at- 
tached of the same length. 

In this building are packed forty- 
four persons. The male patients, 
some twenty-five in number, are all 
in the other room, some of them 
very desperate characters. 

The females are in the upper story 
of the main building, in little rooms 
of eight feet square, without venti- 
lation. Your Committee are of the 
opinion that if those unfortunate 
creatures remain where they are 
through the summer they will be all 
sick before the expiration of the 
year — in fact some are now sick. 

Your Committee are also of 
opinion that it would be better to 
turn them out than to keep them 
confined where they can neither have 
exercise, air, nor medical attention. 

Your Committee would recommend 
the following resolution: 

RESOLVED: That the superin- 
tendent of the Insane Asylum be and 
is hereby requested to procure a 



UO EMIGRATION BOARD— COMMITTEE REPORTS 



LEY— McCANN— HASCALL 



more suitable building for the com- 
fort of the insane. 

The resolution was agreed to. 
Presentation of Resolutions. 

Mr. LEY. I have a resolution. 

Resolution read by the Secretary 
as follows: 

RESOLVED: That the President 
and the Superintendent of the State 
Board of Emigration be and they are 
hereby requested to furnish the Con- 
vention with a full, complete, account 
an itemized statement of the expend- 
itures of said Board, and for what, 
and when, each item of expense was 
incurred. How much has been paid 
or allowed to each member of said 
Board. How much has been paid 
for printing and to whom; was 
there any advertisement for the nec- 
essary printing, and invitation for 
bids to do said printing, and was the 
same given to the lowest bidder. 
How many are now in the employ 
of said Board of Emigration and 
what are their names, age. nativity, 
and former occupation, the names, 
ages and occupation of all agents and 
employees of said Board and how 
much has been paid each, and in 
brief the summary of all the acts of 
said Board. 

Mr. LEY. I move the adoption 
of the resolution. 

The motion was agreed to. 

Mr. McCANX. Mr. President, I 
have a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That so much of the 
communication of the Auditor of 
State under date of the 2Gth June, 
1S71, as is comprised in the two 
items, "Payment of persons $34,- 
S9S.50" and "Current expenses of 
1S71 $G.^,17S.S7". be respectfully re- 
turned to the Auditor requesting the 
items both as to persons to whom 
paid, for what services and what ex- 
penses. 

Mr. McCANN. Mr. President, I 



move the resolution be adopted. 

The motion was agreed to. 

Mr. HASCALL. Mr. President, 1 
have a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the Secretary 
be and he is hereby directed to retain 
in his possession the original of the 
reports of Standing Committees of 
this body and to furnish copies of 
the said reports for the public print- 
er. 

Mr. HASCALL. I move the adop- 
tion of the resolution and will say 
why I desire that it should be done. 
I find that from remarks dropped 
here that our Secretary has suffer- 
ed an original report of a Standing 
Committee to go from this body, 
which has gone to a printing office 
not doing public printing and has 
been lost. It is very improper that 
any document belonging to this body 
should go from it. If there is any 
printing to be done the Secretary 
should furnish a copy. If the Sec- 
retary has not time to make a copy 
we must employ help to do this. 

Mr. STEWART. I have no objec- 
tion to the adoption of the resolution. 
I understand the report did not go 
into the hands of any office not doing 
public printing. I do not wish any re- 
flections be cast on parties unjustly. 
I wish this responsibility to rest on 
the parties who are responsible. 

The PRESIDENT. I understood 
the gentleman from Cass to say this 
morning that he gave a copy himself 
to the newspaper that published it. 

Mr. MAXWELL. I will say that 
I furnished the copy to Mr. Gere; I 
have read it and see it is the verbatim 
report. 



PENITENTIARY INSPECTORS 



lil 



HASC'ALL-MAX\VELL--SCOFIELD 



Mr. HASCALL. I was laboring 
under a misapprehension as to how 
the copy was obtained. I understood 
that the copy \yas obtained by the 
printer setting the type from the or- 
iginal. It is proper that the original 
should be retained here. Without 
wishing to censure any one for this 
transaction I would like this resolu- 
tion to pass. Whatever printing is 
done by the public printer the work 
should be done from copy. 

Mr. MAXWELL. My observation 
has been that where a paper is ord- 
ered printed, the bill itself goes to 
the printer. There has been no order 
made in this body to keep the reso- 
lution here. The proper way is to 
keep the original and send the copy, 
but it cannot always be done. The 
report has simply been misplaced, 
and I presume will be replaced. 

The PRESIDENT. It would take 
but a moment to find out what the 
Secretary of State did with it, the 
Secretary informs me he passed it 
there. I will take the liberty to ask 
the Chairman of the Committee on 
Suffrage to wait upon the Secretary 
of State and see what was done with 
it. 

Mr. ESTABROOK. What Secre- 
tary, may I inquire, is referred to 
in the resolution. 

Mr. HASCALL. I will say, when 
we speak of the Secretary, we mean 
our Secretary, when we mean the 
Secretary of State we say so. 

Mr. ESTABROOK. Do I under- 
stand it has gone to the Secretary 
of State officially? 

The PRESIDENT. Yes, sir. 

Mr. ESTABROOK. How came 



it into the hands of the Secretary 
of State? 

The PRESIDENT. For the pur- 
pose of having it printed. 

Mr. HASCALL. This resolution 
is to require our Secretary to return 
the original and furnish a copy for 
printing, that will obviate the nec- 
essity of the original going to the 
Secretary of State. 

Mr. ESTABROOK. I think we 
will find now if we have saved a 
little time by refusing to employ the 
necessary clerical force and remind 
the gentleman that we may be losing 
a little at the bung hole. 

Mr. TOWLE. Mr. President, I 
move that the further consideration 
of this subject be indefinitely post- 
poned. 

Mr. HASCALL. If the gentleman 
will permit I would like to withdraw 
the resolution. 

Leave granted NEM. CON. 

Mr. SCOFIELD. Mr. President, I 
have a resolution I would like to 
submit. 

The Secretary read the resolution, 
as follows: 

RESOLVED, That the Peniten- 
tiary Inspectors be requested to fur- 
nish to this Convention a full and 
complete statement of the amount 
of money received by them as such 
Inspectors and from what sources 
the amount of money expended by 
them as such Inspectors in the con- 
struction of the State Penitentiary; 
the quantity of public lands sold by 
them, with a description of the same, 
and the price paid per acre for which 
it was sold; the number of persons 
which are now or have been employ- 
ed by them, exclusive of the laborers 
upon the penitentiary building, and 
the salaries paid such persons for 
their services; the number of ofiiceri' 



142 



MINORITY REPRESENTATION 



ROBINSON-MAXWELL— ESTABROOK 



[June 27 



connected with the penitentiary, 
and their salaries; and also a state- 
ment of the cost of the care and cus- 
tody of the State prisoners since 
they have been under the charge and 
control of said Inspectors, and the 
number of prisoners now confined 
in the penitentiary. 

Mr. SCOFIELD. I move the adop- 
tion of the resolution. 

Motion agreed to. 

Mr. ROBINSON. Mr. President, I 
have a resolution to offer. 

The Secretary read the resolution, 
as follows; 

RESOLVED; That the principle of 
minority representation is eminently 
just and right and ought to be adopt- 
ed in all our elections, where prac- 
ticable to be carried out. 

Mr. ROBINSON. Mr. President. I 
move the adoption of the resolution. 

Mr. MAXWELL. Mr. President, 
I do not know that I am in favor of 
the adoption of minority representa- 
tion, as a principle. This is a matter 
which seems to me to forestall the 
action of the Convention. As a pro- 
position that we are in favor of this 
to apply in all departments is a 
broad proposition, and rather pre- 
mature to attempt to bind this Con- 
vention until we fully discuss this 
question In all its bearings. If it is 
thought best to adopt this, as a pro- 
position, then I am in favor of it. 
But to adopt it without discussion 
is premature. After we have exam- 
ined this question it may be we shall 
not think so much of it as we do now. 
What is minority representation? 
We speak of it and we fully under- 
stand exactly the term. The people 
are supposed to be represented by 
a party who is elected as their officer. 
It is the people who speak. It i? 



true a majority of the votes elect, 
but they are still elected as a voice 
of the people. It is proposed to give 
those who are in the minority a voice 
also, and I hope this resolution will 
not be adopted until we hear the 
articles proposed to be introduced as 
a part of the Constitution. 

Mr. GRIGGS. Mr. President, I 
move you -that this resolution be in- 
definitely postponed. 

Mr. ESTABROOK. Mr. President. 
It seems to me that this comes within 
the rule that requires those matters 
that are to be incorporated in the 
articles, to be referred without argu- 
ment. I move that it be referred to 
the Committee on Electoral and Re- 
presentative Reform, without debate. 

Mr. GRAY. Mr. President, I think 
a motion to indefinitely postpone 
takes precedence. 

Mr. ESTABROOK. I don't think 
it does any such thing. It can only 
be suspended by a vote of two-thirds 
of the body. 

Mr. STEWART. Mr. President, Is 
this a proposition to amend the Con- 
stitution? I did not so understand 
it. 

Mr. MYERS. I will ask the gentle- 
man who made the motion to indefi- 
nitely postpone to withdraw it and 
substitute that it lay on the table. 

Mr. GRIGGS. I accept the amend- 
ment. 

The PRESIDENT. I will read the 
rule. No. 36. 

"All propositions presented to the 
Convention relating to the provisions 
or frame of the Constitution, shall 
in the first instance be referred to an 
appropriate standing committee, 
without debate, except as to the com- 
mittee to which the reference shall 



MINORITY REPRESENTATION 



143 



Tuesday] 



ROBINSON— WOOL WORTH 



[June 27 



be made." 

The motion to commit is in order, 
unless the Convention suspend the 
rule by a two-thirds vote. 

Mr. ROBINSON. Mr. President, 
I am of the opinion that this is not 
a proposition to amend the Constitu- 
tion in any way. I intended to intro- 
duce the resolution for another pur- 
pose. I do not intend that this shall 
forestall action. This is where this 
thing ought to be introduced. We 
are the judges as to whether it is 
practicable. I insist on the motion 
to adopt, if there is no other. 

Mr. WOOLWORTH. Mr. President, 
I hope this resolution will go to the 
Committee on Electoral and Repre- 
sentative Reform. Whether we be 
compelled to send it there by the 
rules or not. It seems to me as if 
the rule ought to be considered. The 
object is, evidently to get a matured 
opinion from the Committee upon the 
subject referred to them, so that with 
such a matured opinion the members 
of this body may be informed upon 
the subject. Hence it may act with 
wisdom and with consideration. 
Now here is a general principle enun- 
ciated: it is enunciated here in very 
broad terms. As a friend of minority 
representation myself, I am not al- 
together certain that I shall vote for 
this resolution, if pressed to do so 
at this time. As the gentleman from 
Cass (Mr. Maxwell) suggested, it Is 
a matter that needs to be looked at 
in every aspect. And when it is 
sought to apply it universally to 
every department of the government, 
and to the fullest extent, it may be a 
step quite too long for even me to 
take; although I say now, with the 



principle I am content, and for the 
principle, if it shall seem to me em- 
inently necessary, I shall contend. 
Now, I hope this resolution will take 
the ordinary course and go to the 
Committee which has the matter gen- 
erally in charge to be considered by 
that Committee maturely in all its 
aspects, so that It may give us its 
deliberate opinion; inform us not on- 
ly upon the subject of minority rep- 
resentation, as it shall be applied to 
one, but to every department of the 
body, and then we may act not hast- 
ily, as is proposed, I am afraid now. 
Not hastily but after matured re- 
flection and consideration. Now, I 
think the rule, in the spirit of It, If 
not with the letter, requires that the 
matter shall take that course, and 
that it be sent to the Committee. 
Now, suppose this be a mere general 
proposition, some general subject 
with reference to civil polity why, it 
is not a proper subject for us to waste 
our time and breath upon. We are 
here for a certain specific duty, and 
that is to propose to the people of 
this State a Constitution complete 
in all its parts or amendments to the 
present Constitution, whichever they 
please; and not to discuss general 
propositions of civil polity. This is 
therefore, if it has any business be- 
fore us at all, a proposition relating 
to the framing of the Constitution; 
it is a general proposition, but never- 
theless it is a proposition relating to 
the frame of the Constitution; and 
therefore it ought to take preced- 
ence. 

Mr. ROBINSON. If the Chair is in 
any doubt, I withdraw my motion to 
adopt. 



144 



EXPENSE OF INSANE 



Tuesday] 



ROBINSON -HASC ALL 



The PRESIDENT. Gentlemen; 
the question is this — I shall not treat 
this as a proposition to amend the 
Constitution, but in the sense it is 
understood by the gentleman from 
Lancaster himself. Amotion is made 
to lay upon the table, one to postpone 
indefinitely, and another to commit. 

Mr. ESTABROOK. In our ordi- 
nary elections this principle — 

Mr. MYERS. The gentleman is 
out of order. 

The PRESIDENT. The question is 
upon the motion to lay upon the 
table. 

Mr. ROBINSON. Mr. President, I 
call for the "ayes" and "nays." 

Mr. HASCALL. Mr. President, If 
the Secretary will be kind enough to 
read the resolution again. 

The resolution is again read by the 
Secretary. 

The PRESIDENT. Gentlemen; 
the question is upon the motion to 
lay upon the table. As many as are 
in favor of laying the i-esolution upon 
the table, will as their names are 
called, answer "aye," those of a 
contrary opinion will answer "no". 

The Secretary proceeded to call the 
roll. 

The result was then announced — 
yeas 2 2, nays 2 3 — as follows: 
YEAS — 



Abbott. 


Kirkpatrlck 


Ballard, 


Lyon, 


Cassell, 


Maxwell, 


Curtis, 


Myers, 


Eaton, 


Neligh'. 


Gibbs, 


Parker, 


Granger, 


Price, 


Gray, 


Reynolds, 


Griggs, 


Sprague, 


Hinnian, 


Weaver, 


Kenaston, 


Wilson, 


Kilburn, 







NAYS— 


Boyd, 


Shaff. 


Campbell, 


Speice, 


Curtis, 


Stevenson, 


Estabrook, 


Stewart, 


Hascall, 


Thummel, 


McCann, 


Thomas, 


Manderson, 


Towle, 


Moore, 


Vifquain, 


Newsom, 


Wakeley, 


Robinson, 


Woolworth, 


Scofield, 


-Mr. President 


ABSENT 


OR NOT VOTING. 


Grenell, 


Parchen, 


Lake, 


Philpotc. 


Majors, 


Tisdel— 7. 


Mason, 





So the motion was not agreed to. 

The PRESIDENT. Gentlemen; 
the question is now upon the com- 
mitment of the resolution. 

The motion to commit was agreed 
to. 

Mr. HASCALL. Mr. President, I 
offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the Auditor 
be and he is hereby requested to fur- 
nish to this Convention a full and 
detailed statement of all expendi- 
tures made on account of the Insane 
of the State, prior to this date, ex- 
cept for the erection of the building 
for the insane totally destroyed by 
fire; giving the date of each expend- 
iture, and tor what expended. 

Mr. MYERS. Mr. President. I 
move the adoption of the resolution. 

Mr. ROBINSON. I call for the 
reading of it again, Mr. President. 

The resolution is again read by 
the Secretary. 

The motion to adopt is agreed to. 

Mr. GRIGGS. Mr. President, will 
you, out of the usual order, accept 
the report of the Committee on 



TOWNSHIP ORGANIZATION 



145 



Tuesday] 



GRIGGS— GRAY— MYERS 



Township and Precinct Organiza- 
tions? 

Leave being granted the Commit- 
tee reported out of the regular or- 
der of business. 

The Secretary read the report as 
follows: 

Mr. PRESIDENT — Your Com- 
mittee on "Township and Precinct 
Organization," beg leave to report 
the following sections to be incor- 
porated in the Constitution, all of 
which is respectfully submitted. 

X. K. GRIGGS, 

Chairman. 

Sec. The Legislature at its 

next general session shall provide by 
gec-^'-al law for township organiza- 
tioii. under which any county may 
organize whenever a majority of the 
legal voters of such county voting at 
any general election, shall so deter- 
mine: and whenever any county shall 
adopt township organization, so 
much of this Constitution as pro- 
vides for the management of the 
fiscal concerns of said county by the 
Board of County Commissioners, 
may be dispensed with, and the 
affairs of said county may be tran- 
sacted in such a manner as the Legis- 
lature may provide: and in any 
county that shall adopt township 
organization, the question of con- 
tinuing the same may be submitted 
to a vote of the electors of such 
county at a general election in a man- 
ner that shall hereafter be provided 
by the Legislature, and if a majority 
of all the votes cast upon that ques- 
tion shall be against township organi- 
zation, then such organization shall 
cease in said county, and all laws in 
force in relation to counties not hav- 
ing township organization shall im- 
mediately take effect and be in force 
in said county. No two townships 
shall have the same name, and the 
day of holding the annual township 
meeting shall be uniform throughout 
the State. 



Sec. 



-There shall be elected in 



each of the counties in this State, 
three officers, who shall be styled 
"The Board of County Commission- 
ers." whose term of ofRce shall be 
three years, and who shall hold ses- 
sions for the transaction of county 
business as shall be provided by 
law, PROVIDED, That the County 
Commissioners now elect in the sev- 
eral counties of the State shall hold 
their ofiice for the term for which 
were elected. 

Mr. GRAY. Mr. President, I move 
that the report be received, and that 
the sections be read the first and sec- 
ond time, and referred to the Com- 
mittee of the Whole, in pursuance of 
rule 50. I have no desire to hurry 
this matter over without considera- 
tion that is all I desire to state 
with reference to it. If there is no 
serious objections to any of these sec- 
tions, I am willing to take any other 
course to get the matter before the 
Convention. 

Mr. MYERS. I hope, Mr. Presi- 
dent, the gentleman will waive his 
motion until the proposition is print- 
ed; that has been the course pursued 
heretofore. If the gentleman will 
wait until the proposition is printed 
and before the Convention, the sec- 
tions can then be discussed. 

Mr. GRAY. My Idea in sending it 
to the Committee of the Whole be- 
fore it is printed, is this: There is 
another Committee on Counties and 
I have thought it very probable that 
Committee will report something as 
to county organizations, and I desire 
their report to be considered in con- 
nection with this report, before the 
Committee of the Whole. 

Mr. HASCALL. I am unwilling to 
consider any proposition in Commit- 
tee of the Whole, unless it is printed 



146 



REPORT FROM INSANE ASYLUM 



Tuesday] 



LEY— SPRAGUE— WOOL WORTH 



and put upon our desks. This is an 
important matter, too important a 
matter to pick up and hurry through. 
I will make an amendment so that in- 
stead of reading the second time and 
referring to the Committee of the 
Whole, that 100 copies of the re- 
port be printed for the use of this 
Convention. 

Mr. GRAY. I accept the amend- 
ment. 

The PRESIDENT. Gentlemen; 
the question is upon the motion to 
print 100 copies. The motion will 
be considered adopted unless some 
gentleman objects. 

The motion was agreed to NEM. 
CON. 

Mr. LEY. Mr. President, I wish 
to offer a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the Superin- 
tendent of the Insane Asylum be. and 
he is hereby requested, to communi- 
cate to the Convention, the number 
of insane persons now in the Asylum, 
their names, ages, and cause and 
character of their insanity, from 
-svhat county such insane persons 
come; whether there are any idiots 
now confined in said institution, and 
if so, the name and age of such and 
from what county they come. What 
written or printed instructions. If any, 
are established for the observance of 
those in charge of the institution. 
What has been the expense of said 
institution since .January, 1871 up to 
the present time, or so far as the 
same can be ascertained, with an ite- 
mized statement for what such ex- 
penses was incurred. How much has 
been paid to assistants and attend- 
ants, and what length of time each 
served; and how much each has been 
paid. How much has boen paid for 
fuel and when and how and to whom 
paid; and in brief, a full, true and ac- 



curatel}' itemized account of each, 
and every item of expense since the 
present Superintendent took charge 
of said institution. 

Mr. LEY. Mr. President, I 
move its adoption. 

Mr. SPRAGUE. Mr. President, I 
would like to ask the gentleman what 
is the object of the resolution. It 
seems to me that we are going far 
beyond our power in these inquiries, 
and I think it is unnecessary to oc- 
cupy the time of the Convention with 
such resolutions. 

The PRESIDENT. The question is 
on the adoption of the resolution. 

The motion to adopt was agreed to. 

Mr. WOOLWORTH. Mr. Presi- 
dent, I would like to enquire what 
progress has been made in printing 
the report of the Executive Commit- 
tee in bill form. 

The PRESIDENT. The Secretary 
informs me that it is printed and 
was to be here this morning. 

Mr. WOOLWORTH. If it is in or- 
der, Mr. President, I would move that 
the report be made the special order 
in the Committee of the Whole this 
afternoon at 2 o'clock. 

Mr. MYERS. Air. President, I 
would offer as an amendment, that 
all of the reports that have been 
made from Standing Committees to 
the Convention, be made the special 
order for this afternoon and that 
they be taken up in their order. 

Mr. WOOLWORTH. Mr. Presi- 
dent. I hope the amendment will not 
prevail. If it should, the first.subject 
will be the report of the Committee 
on Bill of Rights. The Chairman of 
that Committee Judge Mason, is not 
here; he has been detained away by 
sickness in his family, and I am not 



COURT OF CLAIMS 



147 



Tuesday] 



ROBINSON— MYERS— HASCALL 



in favor of considering it in liis ab- 
sence. 

Mr. ESTABROOK. Mr. President, 

1 am unwilling to make this a special 
order until I know that it is print- 
ed. I think we may obtain the ob- 
ject of this motion by simply adjourn- 
ing until 2 o'clock. 

The PRESIDENT. I have just 
sent a page to ascertain if this re- 
port is printed. 

Mr. WOOLWORTH. Mr. Presi- 
dent, I will withdraw my motion un- 
til we hear whether the report is 
printed. 

Mr. HASCALL. Mr. President. I 
. move that we do now adjourn until 

2 o'clock this afternoon. 

The motion to adjourn was agreed 
to. So the Convention, (at eleven 
o'clock and ten minutes), adjourned. 
AFTERNOON SESSION. 

The Convention met at 2 o'clock 
p. m. and was called to order by the 
President. 

The Secretary called the roll. 

Mr. ROBINSON. Mr. President, I 
would enquire what order of business 
we are under. 

The PRESIDENT. None at all. 

Mr. ROBINSON. I ask permis- 
sion to introduce a resolution, and 
move its reference to the Judiciarj" 
Committee. 

The Secretary read the resolution 
as follows: 

RESOLVED: The Supreme Court 
_ in addition to its ordinary powers 
and jurisdiction shall be a court of 
Claims, and shall have exclusive 
Jurisdiction to try and determine all 
claims against the State in such cases 
as the Legislature shall by law au- 
thorize to be brought before it. Its 
powers, the effect of its decrees, the 
execution and its mode of procedure 



shall be as defined and prescribed by 
law. 

The motion was agreed to. 
Mr. MYERS. Mr. President, I 
move that the Convention now re- 
solve itself into Committee of the 
Whole and that the Article on Exe- 
cutive be referred to that Commit- 
tee for its consideration. 

The motion was agreed to. 

The PRESIDENT. Will the gen- 
tleman from Douglas (Mr. Myers) 
take the Chair. 

At 2 o'clock and ten minutes the 
Convention went into Committee of 
the Whole, Mr. Myers in the Chair. 

The CHAIRMAN. Gentlemen of 
the Committee, the Committee have 
referred to them the Article relative 
to the Executive, what order shall the 
Committee make on the Article. The 
Secretary will read the bill as refer- 
red to this Committee. 

Mr. HASCALL. As we all have a 
printed copy of the bill and it will 
take considerable time to read it 
through, I hope it will be taken up 
by sections if there is no objection. 

Mr. MANDERSON. I move that 
the Secretary read from the original 
manuscript that it may be compared 
with the printed one. 

The CHAIRMAN. I cannot enter- 
tain that motion. 

Mr. MANDERSON. There has 
been no revision of it. 

The CHAIRMAN. The Secretary 
will read the bill. 

Mr. WOOLWORTH. I suppose he 
will read from the original. 

The CHAIRMAN. The Secretary 
always reads from the printed bill. 

Mr. ESTABROOK. Do I under- 



148 



REPORT ON EXECUTIVE DEPARTMENT 



Tuesday] 



M YERS— ES T A BROOK— LAKE 



[June 



Stand that a bill is always read from 
the printed copy. 

The CHAIRMAN. Yes, sir. 

Mr. WOOLWORTH. Supposing 
the printer has made a mistake. 

The CHAIRMAN. It is the duty 
of the Committee to correct it. 

Mr. ESTABROOK. I read — 

The CHAIRMAN. The gentleman 
will please take his seat. 

Mr. ESTABROOK. I rise to sec- 
ond the motion of my colleague, that 
the clerk read the original bill. 

The CHAIRMAN. I declare it out 
of order, the Secretary will read the 
printed copy. 

Mr. ESTABROOK. I appeal from 
the decision of the chair. 

The CHAIRMAN. There can be no 
appeal in Committee of the Whole 
the Secretary will read the bill. 

Mr. LAKE. Mr. Chairman, the 
Secretary is not reading correctly, it 
is the report of the Executive Com- 
mittee by Mr. Woolworth, Chairman. 

Mr. ESTABROOK. I rise to a 
point of order, we are in Committee 
of the Whole on the Executive Com- 
mittee bill. 

The CHAIRMAN. That is not a 
point of order, what was referred to 
this Committee was the bill on the 
Executive, the Secretary will read 
the Bill and no other. 

Mr. STRICKLAND. Mr. Chairman, 
there is a mistake in the original 
Bill, it was headed Judicial, the last 
is Executive. 

Mr. WOOLWORTH. I think it 
should read the Committee on Ex- 
ecutive. 

The CHAIRMAN. The chair will 
Btate what is before this Committee. 
This Committee has referred to it by 



the Convention, the bill only and no 
report of any Committee is before it. 
The Secretary will please to read the 
first Article headed Executive De- 
partment, and omit all reports. 

The Secretary read the bill as fol- 
lows: 

ARTICLE. 
EXECUTIVE DEPARTMENT. 

\\ 1. Officers of the Department. 

^ 2. Of the State Treasurer. 

it 3. Time of electing State Officers. 

fj 4. Returns — Tie — C o n t e s t ed 
Election. 

«T 5. Eligibility for Office. 

f\ G. Governor — Power and Duty. 

•y 7. His Message and Statement. 

Jl S. Convening the General As- 
sembly. 

•y 9. Proroguing the General As- 
sembly. 

<T 10. Nominations by the Gov^ernor. 

r\ 11. Vacancies may be Filled. 

^ 12. Removals by the Governor. 

«J 13. Reprieves — Commutations — 
Pardons. 

4. Governor as Commander-in- 
Chief. 

*y 15. Impeachment for Misdemean- 
or. 

♦y 16. Veto of the Governor. 

<y 17. Lieutenant Governor as Gov- 
ernor. 

♦^ IS. As President of the Senate. 

•T 19. Vacancy in Governor's Office. 

f| 20. Vacancy in other State Offices. 

•T 21. Reports of State Officers. 

•I 2 2. Great seal of State. 

*]" 23. Fees and Salaries. 

^ 24. Definition of "Office." 

»[ 25. Oath of Civil Officers. 

«[ 2 6. Bonds. 

EXECUTIVE DEPARTMENT. 

^ 1. The executive department 
shall consist of a governor, lieuten- 
and governor, secretary of state, au- 
ditor of public accounts, treasurer, 
superintendent of public instruction, 
and attorney general, who shall each 
hold his office for the term of two 
years from the first day of January 



PROCEDURE IN COMMITTEE OF THE WHOLE 149 



MYERS— CAMPBELL— HASCALL 



[June 27 



next after his election „ and until his 
successor is elected and qualified; 
but when that day shall fall on Sun- 
day the term of oflice shall commence 
on the following day. They shall, ex- 
cept the lieutenant governor, reside 
at the seat of government during 
their term of office, and keep the pub- 
lic records, books and papers there, 
and shall perform such duties as may 
be prescribed by law. 

17 2. The treasurer shall be in- 
eligible for office for two j'ears next 
after the end of the term for which 
he was elected. 

The CHAIRMAN. Gentlemen of 
the Convention, this Article having 
been read through the Secretary will 
read the first section. 

Mr. CAMPBELL. Mr. Chairman, 
Is this an Article which it is proposed 
to put Into the Constitution at the 
present time. 

The CHAIRMAN. This is the Ar- 
ticle on "Executive", which was re- 
ferred to the Committee of the Whole 
by the Convention. 

Mr. HASCALL. I would say to the 
gentleman that if we adopt it and rat- 
ify what the Convention have done, 
of course it goes into the Constitution. 

Mr. CAMPBELL. It says on the 
sixth page of the "Rules of the Con- 
vention," in paragraph No. 50 — 
"Every Article which it is proposed 
shall form part of the Constitution, 
shall be read the first and second 
times, and be referred to the Com- 
mittee of the Whole; and after it 
shall have been considered in Com- 
mittee of the Whole and after the 
amendments reported by the Commit- 
tee of the Whole, shall have been 
acted on, it shall be open to amend- 
ment in the Convention." That we 
have not done. 



Mr. HASCALL. I will say Mr. 
Chairman, the matter has been re- 
ferred to the Committee of the Whole 
and we are now in session. There 
was no objection to going in Com- 
mittee of the Whole without reading 
twice before the Convention. 

Mr. STRICKLAND. Mr. Chair- 
man. I would say I think this is all 
iu regular order for the reason stated 
by the gentleman from Douglas (Mr. 
Hascall.) 

The CHAIRMAN. This Committee 
is here by order of the Convention. 
The Committee cannot amend any 
of the rules of the Convention. 

Mr. ESTABROOK. Mr. Chairman, 
as this is the first time we have gone 
into Committee of the Whole, we are 
a little green, perhaps it will be well 
to inquire into the matter. We are 
in Committee of the Whole, of course, 
but if there is no business which 
can come before us legitimately, we 
had better go out of Committee of 
the Whole. 

The CHAIRMAN. I will remind 
the gentleman that while in Commit- 
tee of the Whole, we cannot discuss 
the rules of the Convention. There is 
only one remedy, which is. for the 
Committee to rise and report pro- 
gress, and ask leave to sit again. 

Mr. ESTABROOK. I find no fault 
with the rules of the Convention. I 
only deny that this Committee has 
anything before it, as the Article 
which is under consideration, has not 
been read twice as the rules pre- 
scribe. 

Mr. LAKE. I would like to know 
how the gentleman knows it has not 
been read twice. 

Mr. ESTABROOK. It has never 



150 



COMMITTEE OF THE WHOLE PROCEDURE 



Tuesday] 



STRICKLAND— LAKE-KIEKPATRICK 



[June 27 



been read but once before the Con- 
vention. 

Mr. McCANN. I move this Com- 
mittee do now rise and report pro- 
gress and ask leave to sit again. 

The CHAIRMAN. Gentlemen, 
the question is upon the motion that 
the Committee rise, report progress 
and ask leave to sit again. 

Mr. STRICKLAND. Mr. Chairman 
it loks like this is a "double chassing" 
back and forth to no purpose. We do 
not alwaj-s stick to the rules while 
in Convention. Gentlemen get up 
in this body, and ask leave of absence 
for instance, which is granted by the 
President. This may not be in or- 
der, but is done because no one 
objects. The Convention has gone in- 
to Committee of the Whole unani- 
mously. Now I hope we will not go 
into this child's play— excuse me Mr. 
McCann — of "rising and reporting 
progress." It seems to me it is very 
foolish. It is only going through a 
motion — .something as we do some- 
times in the military, "one time and 
two motions." Suppose, for example 
we rise and report progress and then 
the bill is read, what then? It can be 
read fifty times before it is passed up- 
on, but there is no advantage in this. 
The rule in Legislative bodies pro- 
vides that bills shall be read a sec- 
ond and third time, but it is well 
known that it is the custom to sus- 
pend the rules and read the bill the 
second and third time by its title. 

Mr. LAKE. It seems to me. Mr. 
Chairman, that the course being 
taken here in this Committee, 
makes the Committee more important 
than the Convention. Now the Con- 
venlion, while in session, have di- 



rected this Committee to proceed to 
consider this matter, and we Jiave no 
right, Mr. Chairman, to say that the 
Convention has not done what it 
ought to do. We have nothing to do 
with the rules whatever. What real 
difference does it make, whether the 
bill has been read once, or twice, or 
three times, cannot we consider the 
matter, as it is, just as well as though 
it had been read the second and 
third times. We have nothing to do 
with the rules of this Convention 
while in Committee of the Whole. 
I am opposed to rising at this time 
and reporting progress, when it is 
well known that we have made no 
progress. I trust we will go on and 
occupy a reasonable portion of the 
afternoon in considering this matter. 

The CHAIRMAN. The Chair has 
given its opinion that this Article is 
properly before this Committee, and 
has not entertained any other idea, 
but it is bound to entertain the mo- 
tions made by members of this Com- 
mittee. 

Mr. KIRKPATRICK. If this bill 
is not in order to come before the 
Committee of the Whole. I don't see 
how the gentleman can move to rise 
and report progress when there is 
nothing before it to consider. 

Mr. ESTABROOK. Mr. Chairman, 
We have to look sir, at its present 
status, now when we rise, we report 
something back to the house. We 
have a bill here which has never 
been read so much as once under the 
rules, by the President of this body. 
It has never gone through the rou- 
tine, and I deny that we can consid- 
er this until it has had its regular 
readings. Can yoii take up any bill 



COMMITTEE OF THE WHOLE PROGEDUKE 



151 



Tuesday] 



ESTABROOK—HASCALL— MAXWELL 



[Ju 



you may see fit to bring before this 
Committee, when it has never been 
read. Now it is said to be silly 
to go back. I ask if we are not act- 
ing silly now? What will be the re- 
cord which the reporters are making 
of our debate on this subject? Now 
there are substantial reasons why 
this Article shall be read, as the rule 
provides. I have had no opportunity 
ofknowing whatis inthisbill. We do 
not know what its merits are, we do 
not know how to suggest amend- 
ments. Why when there is an Article 
to go into and become a part of our 
State Constitution it ought to have 
its regular and proper readings. I 
deny that this Committee has anj^- 
thing to do. This Committee might as 
well take up last years almanac and 
consider it as to consider this Article 
which is now before us. It cannot 
be before this . Committee until it 
comes in the regular channel. I de- 
ny that you can take up whatever 
you find upon your tables, and bring 
before this Committee; suppose you 
had gone into the Committee room, 
and had taken this bill out when it 
had never been before this Conven- 
tion — could you do that? No sir. 
I claim that this matter would be 
right, just as much as it is right for 
us to consider this Article which has 
not come to us in the regular and 
prescribed manner. I deny that this 
paper is here at all. 

Mr. HASCALL. If the gentleman 
who has just spoken had been speak- 
ing of the Legislature, perhaps his 
objections might apply. We voted to 
go into Committee of the Whole 
upon this Article. We are now in 
Committee of the Whole upon this 



Article, and if we report favorably, 
and the Article is embodied in the 
Constitution, no one will deny its le- 
gality and validity. I am in favor ot 
going ahead and finishing up this 
matter, and report back our action to 
the Convention. 

Mr. MAXWELL. Mr. Chairman, I 
think rule 39 settles this matter, this 
rule reads "upon propositions being 
committed to a Committee of the 
Whole, they shall be first read 
throughout by the Secretary. After 
report of said Committee the propo- 
sition shall again be subject to de- 
bate or amendment before a question 
is taken". Thi.s rale seems to refer 
to the Committ'^e of the Whole. Now 
after we have discussed this question 
it must be reported to the Conven- 
tion for its action and when it 
comes before the house they can do 
as they please with it. I trust the 
Committee will not rise. 

Mr. NEWSOM. Mr. Chairman. I 
wish to ask how often this Conven- 
tion can go into Committee of the 
Whole upon any one Article of the 
Constitution. 

The CHAIRMAN. As often as 
they like. — The question is on the 
motion to rise and report progress 
and ask leave to sit again. 

The motion to rise was not agreed 
to. 

The CHAIRMAN. The Secretary 
will read the first section, hurry up. 

The Secretary read the first sec- 
tion as follows: 

^ 1. The executive department 
shall consist of a Governor, Lieuten- 
ant Governor, Secretary of State, Au- 
ditor of Public Accounts, Treasurer, 
Superintendent of Public Instruction, 
and Attorney General, who shall each 



152 



RESIDENCE OF STATE OFFICERS 



MAX WELL— WOOLWORTH— W AKELE Y 



[June 



hold his office for the term of two 
years, from the first day of January 
next after his election, and until 
his successor is elected and qualified; 
but when that day shall fall on Sun- 
day, the term of office shall com- 
mence on the following day. They 
shall, except the lieutenant Governor, 
reside at the seat of government dur- 
ing their term of office, and keep the 
public records, books and papers 
there, and shall perform such duties 
as may be prescribed by law. 

Mr. MAXWELL. Mr. Chairman. I 
move to strike out all after the word 
"they" in the sixth line, to and in- 
cluding the word "office" in the sev- 
enth line. The words that I move to 
strike out reads, "shall, except the 
Lieutenant Governor, reside at the 
seat of government during their term 
of office." As to the books, public 
records, and papers, they are to be 
kept at the Capitol, but there Is no 
reason why the officers should be 
residents of the Capital. If this is 
done we will have to take men not so 
well qualified as we might have if 
they were not compelled to reside 
here. I cannot find any reason for 
such provision, and I find many of 
the States having no such provision, 
in their Constitutions. I think that 
is asking too much. 

Mr. HASCALL. Mr. Chairman, I 
am in favor of the gentleman's mo- 
tion, for there are good men who 
could be had as officers if they were 
not compelled to remove to the Capi- 
tal. 

Mr. WOOLWORTH. So far as re- 
fers to the persons I am in favor ot 
the amendment, but so far as the 
books and records are concerned, I 
am nol in favor of it. Suppose a man 
who is elected Treasurer lives in 



I Omaha, if not prohibited he may 
think it is better to take his books 
there to perform his duties, and the 
same thing might be said of the Au- 
ditor, or any other officer, and much 
trouble ensue from such arrange- 
I ment. The business of the State 
should be done at the Capitol of the 
State. 

Mr. MAXWELL. With the con- 
sent of the second I will amend my 
motion so as to include only the resi- 
dence. 

Mr. LAKE. I would suggest Mr. 
Chairman, that it might be amended 
so as it would read "They shall keep 
the public, etc., at the seat of govern- 
ment. 

Mr. WAKELEY. Mr. Chairman. I 
had drawn an amendment about the 
same in substance as the suggestion 
of my colleague, (Mr. Lake) to strike 
out all after the word "day" in the 
sixth line and the whole of the 7th 
line and insert "They shall respec- 
tively keep the public records, books 
and papers, pertaining to their offi- 
ces at the seat of government." 

Mr. ESTABROOK. I am sorry the 
Chairman has entertained anything 
of this matter. If this amendment 
is adopted the man who is getting 
as a Governor of the State a large 
salary for performing the duties of 
his office, may at the same time work 
in his store room or law office. I 
shall oppose the amendment. When 
there is a fugitive escaping from 
justice and it is desired to get the 
necessary papers, we do not want to 
be delayed by the absence of a State 
officer, but we want to find a man 
here to perform his duties. Let me 
suggest here in this Convention that 



RESIDENCE OF STATE OFFICERS 



153 



Tuesday] 



KIKIvPATEICK— WEAVER 



[June 27 



If somebody will make the motion, I 
will vote for it, that this Convention 
negotiate for the beautiful chateau of 
the Ex-Governor's for a gubernatorial 
residence. It may be got on account 
and at reasonable terms, on a dicker. 

Mr. KIRKPATRICK. Mr. Chair- 
man, it strikes me that this motion is 
not proper. Why sir, there is no 
doubt that this Committee has consid- 
ered this matter and that they consid- 
er it proper that those words should 
be in there. Now sir, what are these 
men elected for? It is to perform the 
duties of his office and here is the 
proper place for that purpose. Why 
sir, is it that county oSacers are re- 
quired to reside in the county seat, if 
it is not because they have certain 
duties which must be performed 
there, and are we not going to re- 
quire state officers to reside at the 
capital of the State? Why sir, the 
very idea of fixing a State Capital is 
to have a place to find the State offi- 
cers and their records. It may not be 
entirely proper, perhaps pertinent to 
this discussion, but I will venture to 
say the Committee in reporting and 
making this report considered the 
salaries to be given to these executive 
officers, and took into consideration 
the requirements of this section. The 
whole thing was discussed there, the 
officers would be required to live at 
the seat of government, and in view 
of these requirements they take their 
salaries. We thought there was good 
reason why they should be required 
to hold their offices and reside there, 
of course the books and papers should 
be kept at the Capitol. Is an execu- 
tive officer holding his office at the 



capital,. Is he not required by the Con- 
stitution to live there, and stay there? 
It strikes me sir, it would be highly 
improper to adopt this amendment. 

Mr. WEAVER. Mr. Chairman, I 
fully concur with the gentleman 
from Douglas (Mr. Estabrook) and 
the gentleman from Cass (Mr. Kirk- 
patrick) that this amendment should 
not prevail and I think for obvious 
reasons. It is supposed generally 
that the seat of government is a place 
easy of access, it will be a fine thing 
indeed if a man living back in rural 
districts can be carrying on their 
private business and receive $3,000 
or $4,000 a year for performing the 
duties of Governor. There are many 
who wish to see the Governor and all 
other executive officers, and there 
should be a place where they can be 
found, and where people can get eas- 
ily. I am very sorry the Chairman 
of this Committee has consented to 
this amendment. It would be a very 
fine thing indeed for a lawyer in 
Omaha to be carrying on his business 
probably worth $5,000 to $10,000 a 
year, and receive an extra revenue 
in the capacity of Governor, seeking 
this office from the fact that it would 
add merely in a financial view. We 
want men in these positions who will 
give their exclusive and entire time 
to the carrying out of these impor- 
tant offices. I hope the amendment 
will not prevail. 

Mr. PHILPOTT. Mr. Chairman, 
In regard to that part of the section 
proposed to amend. I think it is very 
plain and very easily to be under- 
stood: 

"They shall, except the Lieuten- 
ant Governor, reside at the seat of 



loi 



RESIDENCE OF STATE OFFICERS 



Tuesday] 



PHILPOTT-THOMAS-LAKE 



IJune ST 



government during their term of 
office, and keep the public records, 
books and papers there, and shall 
perform such duties as may be pre- 
scribed by law." 

Now what object there can be in 
changing that or amending it, I do 
not understand, I do not perceive, 
unless it is to make the duties of the 
several officers less onerous than 
what is prescribed in this section. 
To whose benefit would that inure 
to the people, or to the officers? It 
certainly must be to those who hold 
the offices. I think it is not for us to 
consider in what way and manner we 
should so adopt this Constitution, or 
frame a Constitution as may inure 
to the benefit of those called upon to 
discharge the duties of the several 
offices which may be imposed upon 
them, but rather we ought to con- 
sider in what manner we shall frame 
the Constitution, so that duties to be 
discharged by the officers shall in- 
ure to the benefit of the whole peo- 
ple. It does occur to my mind 
that to have those officers reside at 
the Capital, the seat of government, 
and have all their books and papers 
kept there will certainly be more to 
the benefit of the people than other- 
wise. Such being my opinion of the 
matter, I hope the amendment may 
not prevail, and that the section 
should be passed as it now stands. 

Mr. THOMAS. Mr. Chairman, I 
am opposed to the amendment of the 
gentleman from Cass (Mr. Maxwell.) 
The latter part of the section reads 
"and shall perform such duties as 
may be prescribed by law." I under- 
stand the gentleman does not propose 
to strike out that which requires 
them to reside at the seat of govern- 
ment. How can this Convention 



know what duties are prescribed by 
law? These officers should reside at 
the seat of government, the officers 
mentioned in this section should cer- 
tainly reside at the seat of govern- 
ment. The offices of Governor and 
other offices here are not only orna- 
mental, they are intended to perform 
certain duties, they ought to give all 
their duties to the State, we propose 
to pay them a salary sufficient to 
induce them to give their time to the 
State. If that is the case sir, where 
could they perform their duties bet- 
ter than to reside at the seat of gov- 
ernment, it is a place to which all 
the citizens can go at any time and 
find the officers there. For these rea- 
sons, I wish the article to remain as 
it is. I would like to call the atten- 
tion of the gentleman that this arti- 
cle is adopted in the Constitution of 
Illinois, that requires the officers to 
reside at the Capital. 

Mr. LAKE. Mr. Chairman. When 
the gentleman from Cass (Mr. Max- 
well) first suggested his amendment 
to this section I was rather favorably 
impressed with it. but on reflection I 
have come to the conclusion that the 
amendment ought not to prevail. In 
looking at this section as reported by 
the Committee, I am inclined to 
think that the best interests of the 
State will be subserved by retaining 
it as it came from the hands of the 
Committee. The only reason that 
can be urged to sustain the position 
taken by the gentleman from Cass 
(Mr. Maxwell) is this, that the du- 
ties may be performed just as well 
by a deputy, and the absence of the 
person holding the office will make 
no material difference. It must be 
borne in mind that is not the in- 



RESIDENCE OF STATE OFb'ICERS 



155 



Tuesday] 



LAKE— MAXWELL 



tention of this Constitution as it shall 
go from our hands. I infer from re- 
marks made, that officers shall be 
paid such salaries as shall warrant 
them in leaving their business and 
vocation and performing such ser- 
vices as may be required at their 
hands. Who is it that the people 
elects to perform the duties of an 
office, is it the person whose name is 
placed upon the ballot, and deposited 
in the ballot box, or a deputy that he 
may choose to employ? Doubtless 
the best interests of the State re- 
quires that he who is elected to fill 
any responsible office, who is paid 
for his duties by the State, shall per- 
form them so far as he can in person, 
of course permitting him to employ 
deputies to assist him in the perform- 
ance of those duties, but that he shall 
have a supervision, that he shall be 
accessible at all times to the people 
of the State, whose servant he is for 
the time being, wherever they de- 
sire to transact business with the 
Treasurer or Auditor or Superinten- 
dent of Public Instruction, that they 
may find the person whom they elect- 
ed at his post of duty, with whom 
they can transact such business per- 
sonally. I am inclined to think that 
if he were not required to reside at 
the seat of government, an officer 
would find it very convenient to be 
at home with his family and if he 
reside at the seat of government he 
would find it very convenient to be 
here. I am therefore inclined to the 
belief that we had better let this pro- 
vision stand as it came from the 
hands of the Committee, and I trust 
the Chairman of the Committee will 
adhere to the section as reported by 



him, and assist in sustaining it as we 
find it. 

Mr. MAXWELL. Mr. Chairman. 
The amendment I proposed does not 
prevent the officers from living at 
Lincoln, or from discharging the du- 
ties of the offices there; that is still 
to be the seat of government, it pro- 
poses to remove the fact that they 
shall be required to remove to the 
seat of government. A large major- 
ity of these parties would select to 
move. Suppose you want to elect a 
Treasurer, a man you can trust in 
every respect, whose word you know 
is as good as his bond. A man of 
that kind may go where he resides, 
you cannot begin to remove him to 
the seat of government, it is no object 
to him whatever, but, if you elect 
him State Treasurer, he will see the 
duties are discharged. Now our 
State has had some experience with 
such men as those: we had one man 
Treasurer in Omaha several years, 
and there is quite a number of oth- 
ers in the State of the same class, 
men who can be relied upon. The 
duties of the office of Auditor per- 
haps requires personal attention; it is 
to his interests to remove to the Cap- 
ital, it might be so with any officer. 
You say you propose to pay the Gov- 
ernor $3,000 a year; the Conven- 
tion has not agreed upon the amount 
to pay him. I do not know that it 
is necessary to pay any of these of- 
ficers more than their services are 
absolutely worth; the salaries paid 
in some States is not more than one 
third, or half what we propose to pay. 
The gentleman speaks about the case 
where application is made for a fu- 
gitive from justice, the Governor of 



156 



RESIDENCE OF STATE OFFICERS 



Tuesday] 



ES T A BROOK— M A X WKLL 



[JUDe 



our State is frequently absent, and 
requisitions are always sent. That is 
well known to be the case, it is so in 
every ofiice I presume, I have known 
of it being so in other places. . I say 
when you require these parties to re- 
move to the seat of government to 
live there, you confine the officers to 
a few men, or you exclude a certain 
class who absolutely would not take 
the office, so that that class is entire- 
ly excluded. A large majority of 
that class who are excluded are the 
men who, if elected officers, would 
make the best officers. It seems to 
me. there is no necessity of putting a 
provision in the Constitution exclud- 
ing this class. All the State requires 
and asks is that the duties of the 
office be discharged faithfully. 

Mr. ESTABROOK. I would have 
nothing further to say on the merits 
of this case, had it not been for the 
suggestion of the gentleman from 
Cass (Mr. Maxwell.) He indicates 
that the Governor when he goes away 
may sign some blanks and leave them 
in the possession of his clerk or dep- 
uty; it makes the legal gentlemen of 
this house laugh, the very mention 
of it. Now, I would like to ask the 
gentleman from Cass and he is a 
good lawyer, whether he thinks that 
a requisition having been filled up 
for the signature of a Governor, has 
any sort of effect whatever on a writ 
of habeas corpus: and whether it is 
not in fact, a forgery of the instru- 
ment in the eyes of the law? I have 
been made acquainted incidentally of 
late, with the many things which 
have been loosely done in the State 
of Nebraska; and shall, as a mem- 
ber of this Convention, as far as 



will have any effect, see to it that 
things are done right and that re- 
cords shall not only be kept here, but 
the man for whom I cast my vote 
shall be with the records. I insist 
that a writ of habeas corpus be not 
issued on a forged instrument, but 
that when the document is filled, the 
Governor shall affix his signature and 
not before. I do not intend that it 
shall go out from this Convention, 
through its reporters, that we assent- 
ed to the idea that a man can be tak- 
en away on a forged instrument. It 
would be worse than blank paper; 
it would intimate that a great mis- 
take had been committed. 

Mr. MAXWELL. Mr. Chairman, 
in answer to the gentleman I will 
say that he well knows, I presume, 
that in some cases requisitions are 
filled up, leaving the application and 
the name blank but signed, and they 
are filled up for the purpose that in 
case of the absence of the Governor, 
tlxat they may be filled out on a pro- 
per showing. When an instrument 
of this kind is signed by the Gover- 
nor it comes in force. The Governor 
is not here all the time. He may go 
to Omaha, or Nebraska City and a 
requisition may be made out in his 
absence. I say if you are going to 
to make it incumbent upon the Gov- 
ernor to remain here we shall also 
require the Lieutenant Governor to 
remain here; so that if the Governor 
steps out of the office he must be 
here. It provides that whenever he 
is disqualified or during his absence, 
the Lieutenant Governor shall then 
be Governor. . So that I think this 
objection raised by the gentleman 
falls to the ground. But that, Mr. 



RESIDENCE OF STATE OFFICERS 



157 



Tuesday] 



TO WLE— M A X WELL— NELIG H 



I 



Chairman, is a very small matter, 
one way or the other. I presume 
there will not be more than one or 
two requisitions needed in a year. 
The only question is, is it necessary 
to have a Governor reside here when 
we never have a Legislature here for 
more than forty days in one year, 
while the other duties are merely 
ministerial. It seems to me there is 
no necessity for requiring the Gov- 
ernor to reside here, or the Auditor 
or any oflBcer. He may be a good 
man, he may hold his office here, 
but he may live elsewhere. It seems 
to me, placing these limitations upon 
it that you exclude that class of men 
j'ou desire to have elected to those 
positions. 

Mr. TOWLE. Mr. Chairman, I 
too, am opposed to the amendment 
as introduced by the gentleman from 
Cass (Mr. Maxwell) and I am not in 
favor of allowing the Chairman of 
this Convention to be here and allow 
this to prevail. It is customary to 
have a Capital, which shall be as 
near the center of the State as possi- 
ble. The object in that is, that 
the citizens of the State having busi- 
ness to transact with the State off- 
icers, may have a quick and easy 
egress to and from the Capital, and 
when they have obtained access to 
the Capital find the officers ready to 
transact business. Frequently the 
Governor has to decide the nicest 
points of constitutional law. And 
when we vote for a Governor we are 
presumed to vote for a man of ability 
and power, and equal to these points 
which may be raised. It may be that 
his deputy or clerk, who is compe- 
tent, and perhaps only so, to write a 



good hand, is incapable of answering 
all necessary questions. Suppose an 
outbreak occurs, and a courier is 
sent here, will he, if the Governor 
does not reside here find that officer 
at the seat of government, or Rich- 
ardson county, 150 miles from here, 
or in L' eau-qui-Court. It is no more 
than reasonable and right that he 
shall be found at the Capital of the 
State. Suppose a murder is commit- 
ted, and it is necessary that the offi- 
cers of justice be set upon the track 
of the murderer, it is not necessary 
that if the Governor is not to be 
found a requisition shall be issued. 
We give the Governor a certain sal- 
ary, and we desire to make it not 
only a lucrative office. We ask that 
he and all the other officers should be 
resident where the records are. If 
we say these State officers shall not 
reside at the Capital, we might just 
as well say the judicial officers shall 
shall not reside in their districts; 
and when you take this position you 
may as well say an elector shall not 
be a resident. 

The CHAIRMAN. Gentlemen, the 
question is upon the amendment of- 
fered by the gentleman from Cass 
(Mr. Maxwell.) 

Mr. MAXWELL. I withdraw my 
amendment. 

Mr. NELIGH. Mr. Chairman, I 
propose to strike out the word "first" 
before "day of January," and insert 
"seventh." The object is that ac- 
cording to the section as it reads 
here, it will be necessary for the Leg- 
islature to meet on that day and it 
1 would be generally inconvenient for 
members to spend their holidays and 
be here at the same time. And I 



158 



BEGINNING OF POLITICAL YEAR 



Tuesday] 



ES T A BROOK— WOOL WORTH— L A KK 



[June S7 



think it will be as convenient to have 
it on the seventh day as on the first. 

The CHAIRMAN. The question is 
to strike out the word "first" and in- 
sert "seventh", are you ready for 
the question? 

Mr. ESTABROOK. I am not in 
favor of that amendment, but I am in 
favor of an amendment. I think 
somewhere we shall have some day 
upon which a political year will com- 
mence; and that should be a point 
of departure in all these matters. 
Officers commence their term at that 
time. And I think it, according to 
precedence in other states in the 
Union, is the first Monday. I think 
it should be the first Monday. If 
this motion does not prevail, I will 
move the the word "day" be stricken 
outt, and the word "Monday" insert- 
ed. 

Mr. KIRKPATRICK. Gentlemen 
will discover that that amendment 
is provided for further along. 

The CHAIRMAN. As many as are 
in favor of striking out the word 
"first" and inserting the word "sev- 
enth", will — 

Mr. WOOLWORTH. Mr. Chair- 
man, the suggestion made by my col- 
league was considered in committee 
— that is that some day must be fixed 
for the commencement of the civil 
year. And it was thought, after not 
very considerable reflection, but after 
some discussion, that the first day of 
the year would be best, so as to make 
the civil year and the cah'iuhir year 
agree, and it was thought that the 
same might be true of the fiscal year; 
So that it may provide, by provis- 
sions, that the fiscal year would com- 
iiieuce on theflrc-t day of the calendar 



year, and it was for that reason and 
that reason alone, that the first day 
of the year was inserted. This is the 
case in a number of the other States, 
and struck the Committee as being 
an exceedingly convenient arrange- 
ment. 

Mr. HASCALL. Mr. Chairman, I 
have in my hand a copy of the New 
York Constitution, lately adopted, 
I find that section 21 reads as fol- 
!ows: 

"The political year, and the Legis- 
lative year shall begin on the first 
day of January." 
j That is all there is of it, they 
I seemed to think that that covers the 
whole ground. 

Mr. NEWSOM. Mr. Chairman, It 
may be we shall have to consider that 
matter again. It is useless to discuss 
it now. 

Mr. THOMAS. Mr. Chairman, It 
j seems to me the Illinois Constitution 
[ provides the Legislature shall meet 
on the second Monday in January. 
Mr. LAKE. Mr. Chairman, I see 
no necessity for making any change 
j in this section. It provides, first, 
I that these officers shall hold, each, 
' for the term of two years from the 
' first day of January next after their 
election, or until his successor is duly 
elected and qualified. If the Legis- 
[ lature should not convene until six 
weeks after the 1st day of January, 
their term of office would commence 
on that day, and they hold for two 
years from that day. It seems to 
me it is good enough, just as it Is. 

The CHAIRMAN. The question 
gentlemen is to strike out the word 
"First," in the fourth line, and insert 
i the word "seventh." 



BEGINNING OF POLITICAL YEAR 



159 



Tuesday) 



ROBINSON— THOMAS— WAIvELEY—TOWLE 



[June S7 



The motion was not agreed to. 

Mr. ROBINSON. Mr. Chairman, I 
move to strilve the fifth and sixth 
lines down to the word "day." 

The CHAIRMAN. Gentlemen, the 
question is upon the motion to strilie 
out the oth and 6th lines down to 
the word "daj'." 

The motion was not agreed to. 

Mr. THOMAS. Mr. Chairman, I 
move to strike out "the first day of 
January next after his election," and 
insert "the second Monday in Jan- 
uary next after his election." I will 
add to that Mr. Chairman ■ 

The CHAIRMAN. The gentleman 
will reduce his motion to writing. 

Mr. Thomas reduces the motion to 
writing. 

Mr. WAKELEY. While the 

amendment of the gentleman is being 
reduced to writing, I will say a word 
expressive of my feelings with regard 
to this amendment. It seems to me 
the amendment of the gentleman 
from Nemaha (Mr. Thomas) should 
prevail, for conclusive reasons. If It 
requires the action of the Legisla- 
ture to determine who has been elect- 
ed to one of these offices, it would 
seem to be absurd to make his term 
of office commence the assembling of 
that body, and the vote had been can- 
vassed and the result officially an- 
nounced. I think that it is not cor- 
rect that his term of office should be 
fixed at a date prior to the official 
count of the votes which declares him 
elected. I would say his term of 
office should commence on the second 
Monday in January after his election, 
and he should hold office for two 
years thereafter. 

Mr. LAKE. Suppose the vote 



should not be counted before that 
time? 

Mr. WAKELEY. Then the Leg- 
islature has not done its duty in that 
regard; but it is presumed that pub- 
lic officers always do their duty. 
Sometime must be fixed, and the 
question is whether we will fix it 
at a time earlier, or at the time fixed 
for the meeting of the Legislature 
which declares who have been elect- 
ed. 

Mr. WOOLWORTH. Mr. Chair- 
man, the section does not, in the first 
place, attempt to define the time 
when the Legislature shall convene. 
In the second place my colleague (Mr. 
Wakeley) says that the Legislature 
is presumed to do its duty. Suppose 
they met the first day of January. 
It is presumed the first thing they 
would do, would be to go and count 
the votes, so that, if the Legislature 
should meet in the afternoon, they 
might know the next morning who 
their officers are. 

Mr. TOWLE. If the Legislature 
convenes on the 7th day of January 
and the House of Representatives are 
to count the votes for Governor, for 
instance, it appears to me that his 
term of office should not commence 
until about a week after the meeting 
of the Legislature, because at a time 
of great political excitement for ex- 
ample a whole week might be occu- 
pied in forming an organization of 
one or both parties of the Legisla- 
ture, and there can be no canvassing 
of votes until an organization has 
been effected by that body; and it 
seems to me, too, that the incoming 
Legislature should receive its annual 
message from the outgoing Governor. 



ItiO 



STATE TREASUREE^ELIGIBILITY 



TO WLE-McCANN-GEIGGS— ABBOTT 



[June 



He would know more what to recom- 
mend to that Legislature for their 
official action, having a better knowl- 
edge of the business of the State. 
Having the Governor's term of office 
commence, say a week after the con- 
vening of the Legislature, would al- 
low that body time to canvass the 
votes, receive a message from the out- 
going Governor and 

The CHAIRMAN. If the gentle- 
man will permit me, I will state that 
the First section is still before the 
Committee. It has not been adopted 
by the Committee. 

Mr. TOWLE. Do I understand the 
Chairman to state that the subject 
on which I was talking Is not before 
the house? 

The CHAIRMAN. The Chair so 
understands it. 

Mr. TOWLE. Then I beg the par- 
don of the house. 

The CHAIRMAN. The question is 
upon the amendment by the gentle- 
man from Nemaha (Mr. Thomas.) 

The Committee divided, and the 
amendment was not agreed to. 

The CHAIRMAN. The question 
recurs on the adoption of the first 
section. 

The first section was adopted. 

The Secretary read the second sec- 
tion as follows: 

^ 2. The Treasurer shall be in- 
eligible for office for two years next 
after the end of the term for which 
he was elected. 

Mr. WOOLWORTH. Mr. Chair- 
man I move to strike out the word 
"for" and insert the words "to said" 
in first line. 

Mr. McCANN. Mr. Chairman, I 
would like to state that I believe it 
a good plan If we have a Treasurer 



who has performed his duty well, 
that at the close of two years he 
should give way for another who will 
perform the duties equally as well, 
we must look to the future and it is 
good for the treasurer to be changed 
every two years, and at the end of 
the two years, the first treasurer who 
has performed his duties well may be 
again elected, and so two good men 
during the whole history of the 
State can alternately perform the 
duties of this office. 

Mr. GRIGGS. Mr. Chairman, I am 
opposed to the section as it stands, 
I do not see any reason why a person 
who has performed the duties of that 
office successfully may not again be 
chosen by the people to the same 
office. Only last week, I heard Gov- 
ernor Butler remark -that he didn't 
believe that a Governor ought to be 
eligible to office for more than two 
years, for If he was he would spend 
the two years that he was in, in se- 
curing his election for the next term 
of office. I am not in favor of giv- 
ing them this opportunity. 

Mr. ABBOTT. Mr. Chairman. I 
would suggest that the words to be in 
serted should be "to the office of 
Treasurer." 

Mr. STRICKLAND. Mr. Chair- 
man. It is only a matter of phrase- 
ology and I am in favor of striking 
the whole thing out. 

Mr. WOOLWORTH. I will accept 
the suggestion of the gentleman from 
Hall (Mr. Abbott.) 

The CHAIRMAN. The question is 
upon the motion of the gentleman 
from Douglas (Mr. Woolworth,) to 
amend by striking out the word "for" 
and inserting the words "to the office 



TIME OF GENERAL ELECTION 



161 



Tuesday] 



HASCALL-STRICKLAND 



of Treasurer." 

The amendment was agreed to. 

The CHAIRMAN. Gentlemen, the 
question is now upon the adoption of 
the second section as amended. 

The second seetipn was adopted. 

The Secretary read the third sec- 
tion as follows: 

11 3. The officers of the executive 
department shall be elected at the 
general election for members of the 
House of Representatives, to be held 
in the year 1871, and every two years 
thereafter, at such time and places 
as may be prescribed by law. 

Mr. HASCALL. Mr. Chairman. I 
have an amendment which I wish to 
offer. 

The CHAIRMAN. The gentleman 
from Douglas, (Mr. Hascall) moves 
to amend by striking out the word 
"the" in the first line., before "gener- 
al election," and inserting the word 
"a" in place of it. To strike out the 
words "for members of the house of 
representatives," in the second line, 
and inserting in the same line after 
the word "held", the words "on the 
Tuesday succeeding the first Monday 
of November." 

Mr. STRICKLAND. Mr. Chair- 
man, unless the call for the Legisla- 
ture is different from what it is now 
provided by law, I would favor the 
further amendment of this section. 
I will call the attention of the Con- 
vention to the fact that we had a 
general election last fall, and under 
this section we would have another 
this fall and every two years thereaf- 
ter. The general elections ought to 
come together as much as possible. 
My idea is this, the Presidential elec- 
tion comes once in four years and we 
ought to arrange our State elections 



so as to come on the same years, and 
at the same time as the presidential 
elections, and then as we have an 
election every two years the other 
election will come everv interveniug 
two years between the presidential 
elections. It is a source of great ex- 
penditure that we have the presiden- 
tial election on one year and the 
election of Governor on the next, and 
this might easily be avoided by elect- 
ing the State officers this fall for only 
one year, or for three years. I am 
not prepared to say which would be 
best. This would bring the State and 
presidential election on the same 
years. These elections ought to go 
together, the election for President 
is in November, it is a proper time; 
the State elections are in October, 
only a month apart. We suppose 
people try to get out in the Presiden- 
tial elections so in Congressional 
elections, so when state and county 
officers are to be elected; it is need- 
less to put these numerous expenses 
upon the people while consuming 
time. Now it is being generally said, 
as we have no Governor but an act- 
ing Governor, that there will be an 
election provided for to fill the unex- 
pired term, why not provide for an 
election to fill that unexpired term, 
fixing it on the same date as the Pres- 
idential election, so that after the 
first election they may all go togeth- 
er. I think gentlefnea will see a good 
deal of sense in this proposition, by 
the way of everything, dollars, cents 
and the time of the elections. We 
have had so many elections in Oma- 
ha, city and county officers. Congres- 
sional, Gubernatorial and Presiden- 
tial, (Mr. WOOLWORTH "andagreat 



162 



TIME OF GENERAL ELECTION 



Tuesday] 



KIKKPATRICK— STRICKLAND 



[June 27 



many prayer meetings") yes, and a 
great many prayer meetings. We 
have a constant fear of election all 
the time. I throw out these sug- 
gestions in a blunt way so that the 
gentlemen here will see the neces- 
sity of trying to throw these elections 
together. 

Mr. KIRKPATRICK. The gentle- 
man's amendment I believe fixes the 
time of elections which is not fixed 
in this section. I have a little to say 
on elections and shall give some prac- 
tical experimental reasons why I ob- 
ject to the time. I see no good reas- i 
on why the suggestion of the gentle- [ 
man from Douglas (Mr. Strickland) 
should be adopted; that we should 
•elect the President and the Vice- ; 
President of the United States^ mem- 
Ijers of Congress and members of 
the Legislature all at one time, in 
fact, sir, I think I can see a good 
reason why they should not all be 
elected at one time. It is well known 
that 'when a President, or member of 
Congress is to be elected, a strong 
pressure is brought to bear upon the 
Toters. I do not see a reason why we 
should elect all in one day, but I do 
see a reason why we should not hold 
our election on the second Tuesday 
in November, that is to make it come 
on the day of the Presidential elec- 
tion. Now, sir, it is in the experience 
of other states that it is not best to 
liave those elections on the same day, 
•even in Pennsylvania and New York 
they hold their elections shortly be- 
fore the Presidential election. I have 
a primatic objection to that time. I 
have seen it in Nebraska when scarce- 
ly any man could vote on that day. 
"We tried that when this territory was 



first organized, I remember one elec- 
tion when nearly all South Platte 
people were prevented from going to 
an election by a storm. In the State 
where I was brought up our elections 
were held in A.ugust, a pleasant 
month, then there was a full expres- 
sion and fuller votg and there would 
be here if we held our elections in 
the sunny part of the year. I ob- 
ject to the time being fixed so late. 

Mr. STRICKLAND. Mr. Chair- 
man, I have one other reason. As 
the matter now stands here would 
be two primary sets of elections all 
over the country, with two sets of 
State conventions one year to nom- 
inate a delegate to Congress, and 
State officers the next year. I think 
they ought to be thrown together as 
before. Here is a great expense as 
gentlemen will see at once. Suppose 
the Convention should see fit to adopt 
this in the Constitution, to elect a 
Governor and Lieutenant Governor 
to fill the unexpired term and then 
at the next general election proceed 
to elect such officers as are provided 
for in the Constitution under this 
head, then it would come at a gen- 
eral election when there would be no 
necessity of having but one conven- 
tion and one election. 

Mr. LAKE. Mr. Chairman. I have 
always been accustomed, ever since I 
have had a vote, to attend elections 
on the second Tuesday in October, 
but I never could see any reason in 
having two general elections in the 
State so near together, as the second 
Tuesday in October and first Tues- 
day after the first Monday in Novem- 
ber, when the Presidential election 
occurs. It makes a useless expendi- 



TIME OF GENERAL ELECTION 



163 



LAKE— WOOL WORTH 



[June 27 



\ 



lui-e 10 tne State, a very great ex- 
pense, not only in the actual money 
expended in conducting the elections, 
but in calling out the entire voting 
population of the State to attend the 
election. I am in favor of changing 
that hereafter. If this amendment is 
adopted we shall have our general 
election for State officers upon the 
same day as that provided for the 
Presidential election, so that in those 
years when the President is to be 
elected, our State election for State 
officers shall fall upon that dajV and 
that two elections may be conducted 
together. It will certainly be a great 
saving of expenditure to the State, 
and time to the people of the State. 
Mr. WOOLWORTH. Mr. Chair- 
man, In order to acciimplish the ob- 
ject of the gentlemen, it does not 
seem to me necessary to make any 
change in this particular part. I 
apprehend it is the intention to elect 
State officers and members, at any 
rate of the lower House, on the same 
day, and when you fix that day, you 
fix the day for the election of officers 
of the executive department. So far 
as that matter is concerned, it does 
not seem to me necessary to make 
any amendment to this section, but 
the President of the Convention has 
made a suggestion, I do not know 
whether he has brought it out so 
that it is clearly apprehended by all 
members of the Committee or not, 
at any rate I beg leave to occupy the 
attention of the Committee while I 
state what it is as I apprehend it. 
He is desirous of having the eleiction 
of State officers and also the mem- 
bers, at any rate of the lower 
House occur on the same day. 



or course once In four years 
when the Presidential election 
occurs. The State officers would also 
be elected on the intermediate two 
years, but on the same day of the 
year. Now the section as drawn pro- 
vides for an election this fall, and 
then it provides for an election of 
State officers two years from this 
fall, that would be in 1873, so that 
at no time would the election of State 
officers come on the same year as the 
election of President. What is de- 
sired by the President of the Conven- 
tion is that the election of President 
and members of Congress, and the 
election of State officers and mem- 
bers of the lower House of the Leg- 
islature shall come, not only upon the 
same day but upon the same year. 
Now, how is that to be accomplished? 
It may be accomplished in one or two 
ways; you may provide if you deter- 
mine to have a clean sweep of these 
officers, for the election this year of 
officers to hold their office for three 
years, or you may provide that the 
officers who shall be elected this year 
shall hold their office but one year, 
and then there shall be another elec- 
tion of State officers who shall hold 
their offices two years more, either 
of those ways would accomplish the 
object; or you might provide that 
there should be this fall a special 
election of Governor and Lieutenant 
Governor to fill the vacancy that has 
arisen in the office of Governor, and 
All the office created by the Constitu- 
tion, and let the other officers of the 
Executive Department hold over for 
a period of one year. There is a 
good deal that may be said in favor 
of bringing the election, once In four 



164 



TIME OF GENEEAL ELECTION 



Tuesday] 



WAKELEY— STRICKLAND 



tJune 27 



years, of President and State officers 
together, a good deal that may be 
Baid in favor of it, it is a matter that 
aid not occur to the Cominittee 
h'hen this matter was before them. 
I have made this statement not with 
any view of urging upon the Commit- 
tee any particular opinions upon this 
subject, but merely to state to them, 
that if any amendment be made in 
the section, this seems to me to be 
the proper one, to fix the day of the 
year more definitely than it is now 
fixed. You leave in this article a 
day uncertain, or rather to be made 
certain by a reference to the time 
for the election of members of the 
lower House of the Legislature, not 
to modify the section in that partic- 
ular, but if any modification is to be 
made to provide for the term of office 
of officers to be elected this fall. 

Mr. WAKELEY. Mr. Chairman, I 
think my colleague (Mr. Woolworth) 
is entirely right in reference to the 
propriety of this section, as it now 
stands, and I think, with him, that if 
anything is to be done to remedy the 
inconvenience spoken of by brother 
delegates, of holding so many elec- 
tions, it must be done by changing 
some other provisions of the Consti- 
tution. While we are speaking upon 
this subject now, it is well to con- 
sider, generally, what will be neces- 
sary in order to put this Constitution 
Into full and complete operation 
when adopted. It seems to me es- 
sential that there should be an elec- 
tion this fall, not only of Governor 
and Lieutenant Governor, hut of 
members of the Legislature. We will 
all agree, I think, that this Constitu- 
tion will make such radical changes 



in the frame work of our govern- 
ment, that a session of the Legisla- 
ture next winter will be indispens- 
able. Then, if it be desirable to pro- 
vide that our general elections and 
our elections for Representatives 
in Congress shall occur in the same 
year, it must be done in the manner 
: suggested by my colleague, either 
, by providing that those first elected 
I shall hold for one year only, or that 
i they shall hold for three. I think, 
: at this time, I would be inclined to 
I favor the plan of electing the Gov- 
ernor and Lieutenant Governor, and 
members of the Legislature for one 
! year, and the entire State ticket and 
another Legislature In 1872, at the 
time of the Presidential election; 
and thereafter electing an entire 
State ticket, members of the Legis- 
lature and Representatives in Con- 
gress, in even years. So that our 
State elections coming in the Presi- 
dential year, only one election will 
be necessary. But, for the present, it 
I is sufficient I think, that we act upon 
the section now before the Commit- 
tee, without special reference to what 
] we may see fit to provide with regard 
to these matters we have been dis- 
cussing. It seems to me necessary 
that there should be an election this 
year for a portion of these officers, to 
say the least, and for representatives 
and members of the State Legisla- 
ture. 
! Mr. STRICKLAND. As this re- 

I solves itself into five or six subjects 

I I withdraw all I have offered. 

I Mr. HASCALL. Mr. Chairman, If 
[ this section is adopted by the Com- 
I niittee and reported back to the Con- 
vention, of course the question will 



TIME OF GENERAL ELECTION 



165 



Tuesday] 



HA S C ALL— PHILPOTT 



[June 27 



arise then upon the adoption of our 
report by the Convention. This is its 
best remedy — we have either to 
adopt this and consider it when it 
comes in regard to the one year term, 
or fix it now. The amendment I in- 
troduced does not go to the extent 
my colleague (General Strickland) 
would. The only change is that we 
will fix the time. We will say at the 
general election to be held on the 
Tuesday succeeding the first Monday 
in September. The gentleman from 
Cass (Mr. Kirkpatrick) has referred 
to the severe weather he has seen 
which has prevented electors from 
going to the polls, and seems to think 
that is a very serious objection. I do 
not know of any such severe weather 
in Nebraska. Further, we claim to 
be a progressive people, and I be- 
lieve we are. Most of the States are 
adopting one time for holding gener- 
al elections, and it has been a subject 
of debate in Congress whether a law 
shall not be passed requiring elec- 
tions for Congressmen to occur on 
the same day throughout the United 
States. And such a law will un- 
doubtedly be passed within a few 
years. No one will question but what 
Congress has the power to determine 
that question. It is right and proper 
that it should be so. And as a ma- 
jority of the States have adopted the 
idea sought in my amendment, I 
think we ought to select the same 
time for ours. The reason it is 
thought proper to insert this at this 
time is, that we cannot anticipate 
other articles intended to go into the 
Constitution at this time. The wel- 
fare of the State demands that new 
officers, precinct, county, district and 



State, shall be appointed. And I am 
satisfied, upon reflection and due con- 
sideration, that a majority of this 
Convention will take the same view 
of the subject. Then the question 
arises, and we must determine it 
now, because by adopting this sec- 
tion we commence the regular terms 
which are to continue as long as this 
Constitution shall last, because it 
commences from this date, conse- 
quently if we wish to commence on 
another basis, as suggested here., that 
we elect all these officers for one 
year, and make the regular term 
commence from a year next January^ 
we must determine it now. We can 
not postpone its consideration. Th4 
question would arise as to whether 
we will elect all these oflicers for one 
year, and make the regular term 
commence in January next; or 
whether we will elect for two years 
at the fall election and have the 
election of Governor fall on the off 
year of the Presidential election. I 
think it ought to fix the time in this 
section, and those who hold the idea 
that the Governor should be elected 
at the same time as the President, 
should insert the terms that will 
meet their idea. 

Mr. PHILPOTT. Mr. Chairman, I 
rise to reply to the gentleman from 
Douglas (Mr. Hascall) on one point 
— that of this being the time to fix 
this thing; that if the report of this 
Committee is adopted, there will be 
no time to change. I refer him to 
rule No. 50, which reads "Provided, 
however, that this rule shall not be 
so constructed as to prevent a major- 
ity of the Convention from taking up 
the report of said Committee, and 



166 



TIME OF GENERAL ELECTION 



Tuesday] 



HASCAU. -SPRAGUE-ESTABROOK 



[June ?T 



making any alterations or amend- 
ments thereto." Such being the case 
I do not know that I am prepared to 
take any particular part in determin- 
ing, at this time, at what time the 
various officers should be elected. I 
think it a matter well worthy of con- 
sideration, and I would rather it be 
deferred for the present. I think I 
shall be in favor of the amendment. 

Mr. HASCALL. Mr. Chairman, I 
wish to refute the idea just advanced. 
The object of going into Committee 
of the Whole is for the purpose of 
perfecting the bill without incum- 
bering the journal with amendments. 
It is true after the Committee arises 
and reports back its action it is sub- 
ject to amendment. If you perfect 
It now it is reported back; then all 
you have to do is to adopt what the 
Committee have reported back. The 
object of a Committee of the Whole is 
to make amendments. It is a com- 
mon saying that here Is the place 
where many look to "set themselves 
on record." 

Mr. SPRAGUE, It seems to me the 
only important matter is the fixing of 
the day. So far as these elections 
are concerned if we are to adopt this 
article reported by the Legislative 
Committee there is to be an election 
each year for representatives, and 
it does not matter if we have an elec- 
tion in each year, or whether we are 
to vote for Governor or Representa- 
tive in Congress, or President all at 
the same time or not. It does not 
increase the expense at all by making 
members of the Legislature; and it 
them come the same day. because we 
are to have an election each year for 
seems to me the only niatior of im- 



portance is to fix a day upon which 
a general election shall be had in 
each year. I shall be in favor of 
the amendment of the gentleman 
from Douglass, (Mr, Hascall,) 

Mr. ESTABROOK, Mr, Chairman, 
I don't know but that I have forgot- 
ten the rules of parliamentary 
usages; but my idea of the matter 
is this; we pass over this Article, 
section by section, and when we have 
gone through it in this way, we then 
act upon the whole Article. The 
gentleman from Saunders (Mr. 
Sprague) has suggested about what I 
intended to say. It seems to me it is 
not proper for us to fix the time, here, 
when we shall hold our elections. 
It would not be symmetrical for us 
to fix the time of holding elections, 
for the reason that another Article 
fixes the time for the general election 
in its proper place. It is not up now 
for consideration. Xow in regard to 
the matter of electing our State of- 
ficers at the same time the President 
of the United States is elected; I 
don't think it is best. If we are only 
to have a general election every two 
years, I admit there would be some- 
thing saved in the way of expense by 
this course, but as we are to have 
an election every year, I don't see as 
it makes much difference. I believe 
it is more wholesome to have the 
Gubernatorial election come in some 
other year from that of the Presiden- 
tial election, because were it other- 
wise, you fit those matters to the 
Presidential cut, and whip them all 
into the traces. I believe, myself, 
there is health in stirring up the po- 
j litical elements, as the winds stir up 
the other elements. Let the officer 



TIME OF GENERAL ELECTION 



167 



Tuesday] 



WILSON— STRICKLAND— McCANN 



[Ju 



of the people be answerable to them 
at early, short and convenient peri- 
ods. I say, I think rather than do 
this — joining the two elections^-I 
would separate the presidential 
election from everything, so that our 
own local elections shall run on their 
own merits, and not be affected by 
outside influences. I shall vote 
against every amendment. 

Mr. WILSON. Mr. Chairman, I 
seems to me they have fixed this 
thing already. It seems that the gen- 
tleman from Douglas (Mr. Esta- 
brook)says we must have an elec- 
tion every year. It seems to me it 
is a very good thing for the State 
to have an election of State officers 
and county officers on the same day 
as the Presidential election. The gen- 
tleman from Douglas (Mr. Esta- 
brook) seems to think there will be a 
good deal of wire pulling if this was 
the case, but I think you can get as 
good officers on the day of the Pres- 
idential election, as on any other 
day. 

Mr. STRICKLAND. Neither the 
gentleman from Douglas (Mr. Esta- 
brook) or the gentleman from Saun- 
ders (Mr. Sprague) answers this ob- 
jection. When you come to elect 
State officers you jar the whole State. 
You can agitate too much. The 
wisest man who ever governed has 
said "you can govern too much." This 
dabbling in the filthy pool of politics 
is the cause of a great loss of time, 
and a great expense to the people 
and the fewer elections we have the 
better for us. I think there is wise 
reason in this plan to have our gen- 
eral election come on the same year, 
and at the same time as the Presiden- 



tial election, and then only once in 
two years will the people have to go 
through with the bad feeling and ex- 
citement of a general election. The 
election of county officers does not 
affect the State at large. The noise 
of the election of county officers does 
not reach outside of the county lim- 
its. It is only at the election of State 
officers, that the people are worked 
up with political excitement. Do you 
want this to come oftener than once 
in two years? (Laughter.) 

Mr. ESTABROOK. I do. 

Mr. McCANN. Mr. Chairman, I 
think it would be well for the people 
to fix the time of these elections, 
as they are considerably interested in 
the matter. I have seen it snow and 
freeze in this State on the day of 
the Presidential election. There are 
a great many people who are in a bad 
state of healthj and cannot gq out 
in bad weather; sometimes it happens 
that that day is pleasant, but of- 
tener it is not. In some places they 
have to ride often, ten or twelve 
miles to get to the place of voting, 
and now since the general (Strick- 
land) is going to have the ladles 
vote — • 

GEN. STRICKLAND (interrupt- 
ing) I am not going to have the 
ladies vote. 

Mr. McCANN. Since General 
Strickland is going to have the ladies 
vote, I think he ought to have a fine 
day for them to go out and do their 
voting. 

Mr. KIRKPATRICK. Mr. Chair- 
man, I think the Committee (Exec- 
utive) did not deem that they ought 
to report a section in this executive 
bill, giving the time of holding the 



168 



TIME OF GENERAL ELECTION 



KIRKPATRICK -ROBINSON— CAMPBELL 



[June 27 



general election. I think the section 
ought to stand just as it is, and the 
time for holding our general elections 
had better be fixed in some other re- 
port. There are a good many States 
which vote on the same day as the 
Presidential election, but perhaps the 
temperature has something to do with 
it. I think it is better to provide 
for the election of these officers at 
the time of the election of county of- 
ficers. I see no reason why this 
amendment should go into this sec- 
tion. 

Mr. ROBINSON. Mr. Chairman, I 
call for the reading of the section 
again. 

The Secretary read the section as 
follows: 

fl 3. The officers of the executive 
department shall be elected at the 
general election for members of the 
House of Representatives, to be held 
in tine year 1S71, and every two years 
thereafter, at such time and places 
as may be prescribed by law. 

Mr. CAMPBELL. Mr. Chairman, I 
have an amendment to the amend- 
ment. I have written it out to be 
attached as an amendment to the sec- 
tion as follows: "except the office of 
Superintendent of Public Instruction, 
who shall be elected on the first Mon- 
day in May." 

Mr. M.^NDERSOX. Mr. Chair- 

man. I understand that the amend- 
ment of the gentleman from Douglas 
(Mr. Hascall) has the effect to fix 
the election on the same years as 
the Presidential elections. 

Mr. HASCALL. I will say that it 
does not. it fixes It on the same day of 
the year, but if any gentleman de- 
sires it to come on the same years it 
will have to be amended so as to 



read 1872 instead of 1871 or else 
make the term of office of the first 
officers elected only one year. 

Mr. STRICKLAND. Mr. Chair- 
man. I have that amendment in a 
few words to be added to the sec- 
tion: "Provided the officers to be 
elected at the first general election 
shall hold their office for only one 
year." 

Mr. CAMPBELL. Mr. Chairman, I 
wish to explain my amendment I 
offer it for the simple reason that I 
want to take the election of school 
officers out of the political world. 

The CHAIRMAN. The question is 
on the amendment offered by the gen- 
tleman from Douglas (Mr. Hascall.) 

Mr. STRICKLAND. Mr. Chair- 
man, the gentleman from Otoe is 
preparing an amendment to the 
amendment, if the Chair will wait. 

The CHAIRMAN. The Chair will 
wait. 

Mr. STRICKLAND. I will with- 
draw my request in order to get an 
expression from the Convention, first, 
upon the amendment of the gentle- 
man from Douglas (Mr. Hascall.) 

The CHAIRMAN. Gentlemen, the 
question is on the amendment by 
Mr. Hascall. 

The amendment was not agreed to. 

The CHAIRM.\N. The question is 
now on the amendment offered by the 
gentleman from Otoe (Mr. Camp- 
bell.) 

Mr. McCANN. I hope the gentle- 
man will withdraw his amendment, 
;n order to allow the gentleman from 
Otoe (Mr. Newsom) to offer his 
amendment. 

Mr. CAMPBELL. I will withdraw 
my amendment. 



TIME OF GENERAL ELECTION 



169 



Tuesday] 



NEWSOM-STEVENSON— WOOLWORTH 



[Ju 



Mr. NEWSOM. Mr. Chairman, I 
desire to offer an amendment to 
strike out"1871" inserting "1872" 
and adding "provided that an elec- 
tion shall be held in 1871 for the 
officers of the Executive Department, 
at such time as this proposed Con- 
stitution shall he submitted to the 
people, such officers to be elected for 
the term of one year." 

Mr. WAKELEY. I would suggest 
that the words "or until their succes- 
sors shall be qualified," be added. 

Mr. NEWSOM. I accept the sug- 
gestion. 

Mr. STEVENSON. Mr. Chairman, 
now I really don't see anything that 
is to be gained by changing this sec- 
tion. Now if they are elected for one 
year the election will come off in 
October and the next year it will be 
in October and the Presidential elec- 
tion will be in November, and I hold 
Mr. Chairman that it will make no 
difference in the expense. I believe 
we should elect these State officers 
at a different time than that in which 
we elect a President. Because then 
political excitement rises pretty high 
and we are likely to overlook the 
State officers in our interest for the 
United States officers. I think that 
is a good reason why we should not 
have them on the same day or the 
same year. If they come on the same 
year aijd time, these State officers 
must be elected for four years, or 
else we cannot economize much as 
that appears to be the object of 
some of the gentlemen. I am in fa- 
vor of having an election every year 
and having this thing well ventilated, 
or in other words I am in favor of 
having a kind of political syringe and 



tilling it with salt and water and 
squirting it all over this filthy thing 
to purify it. (Laughter) 

For this reason I will oppose this 
amendment, for I think there is hard- 
ly any necessity that the election of 
Governor should be on the same day 
as the election of President. Is it be- 
cause there are certain parties who 
have got ends to gain by this thing, 
it may be so, but I hope they can do 
it deliberately and without desiring 
to obtain those ends, I think they are 
trying to attain by this section. 

Mr. WOOLWORTH. Mr. Chair- 
man, the views expressed by the 
gentleman from Cuming (Mr. Stevep- 
son) commend themselves to my 
judgment. We all know that in a 
Presidential election issues of a cer- 
tain character are presented for our 
consideration, and that at a State elec- 
tion other questions are presented, 
and we all know that these matters 
of State policy are overlooked, and 
that the character of the State offi- 
cers, and candidates for State offices 
are not always what they would be 
if the election was held at any other 
time than that they elect at present. 
Now, if the policy of the parties in 
respect to State matters and Feder- 
al matters were precisely the same, 
there would be every reason for 
merging the elections, but upon these 
matters of State policy what would 
commend itself to a republican in 
Nebraska might not at all commend 
itself to a republican in Illinois, or 
New York; and just so with regard 
to the democrats. State policies are 
limited to the State and each party 
pursues its own policy in its own 
State without reference to the views 



170 



TIME OF GENERAL ELECTION 



entertained by its own partisans in 
other States, so that a State election 
might very properly be held on an- 
other year from that when the Presi- 
dential election is held. I do not con- 
ceive, that a modification, as seemed 
to be suggested by the gentleman 
from Cuming (Mr. Stevenson), I do 
not precisely see how the matter one 
way or another would affect the rel- 
ative strength of the parties, but I ! 
can see how it is very easy for mat- 
ters of State policy to be quite for- 
got, quite overlooked, when the more 
important, and more discussed ques- 
tions of Federal policy are before the 
community. It does seem to me it 
is better to let the Article stand as 
it is, rather than make the change 
that has been proposed. 

Mr. LAKE. Mr. Chairman. While 
I was in favor of fixing the time in 
this section, when the election should 
take place, and fixing it upon the 
same day as is fixed by law for the 
holding of the Presidential election, 
to wit, the first Tuesday after the 
first Monday in November, I am en- 
tirely unwilling that the section 
should be so modified as to bring the 
election of Governor and our other 
State officers upon the same year that 
the Presidential election takes place. 
I prefer it should remain as it is; 
that the first election should be this 
coming fall, and should be for two 
years, and that thereafter the elec- 
tion of these officers should take 
place in an odd year, so that it may 
never fall upon the year when the 
President is to be elected. I think a 
State election is entirely swallowed 
up and lost, at it were, if it were to 



take place upon the same day that 
the President was to be elected 
and while I am in favor, as I be- 
fore remarked of bringing the elec- 
tions together, when they would 
naturali\ fall together by leav- 
ing the section as it is, that is th'te 
election of the members of the Leg- 
islature, and perhaps to fill any va- 
cancy that might occur, the election 
of such officers upon the same day 
the President is elected. I am en- 
tirely unwilling that our principal 
State officers should be elected upon 
that day unless it should be to fill a 
vacancy. It seems to me that the sec- 
tion as it stands is better than it will 
be by any amendment that can be 
attached to it other than the one 
which was intended to obtain at this 
time an indication from this body. 
as to whether we should have two 
elections each year or not. or in those 
years when the President is to be 
elected. The object was unquestion- 
ably to fix this time and take the 
sense of the House upon this ques- 
tion of having the election for State 
officers, in the year when the Presi- 
dent is to be elected, fall upon that 
I day, and in all other years to have ii 
indicated in the same manner. I pre- 
fer to have the section stand as it is 
and to have a provision inserted in 
the Constitution at some proper 
place, fixing the time for the holding 
of our elections and to have them so 
' that in no year can there be but one 
general election in the State. 

Mr. MAXWELL. Mr. Chairman, 
It seems to me that the amendments 
proposed as improvements to this sec- 
tion, cannot be regarded as such. 



TIME OF GENERAL ELECTION 



171 



Tuesday] 



MAXWELL— STRICKLAND 



[June 27 



Now, my friend General Strickland 
complains, during the argument here, 
of the excitement attending primary 
elections and wished to have as few 
elections as possible of that charac- 
ter, at the same time he comes in and 
advocates an election for the short 
term of one year for State officers. I 
think he applied no reason except 
that next year is Presidential elec- 
tion. It is desirable that we elect 
our best men for State officers, that 
we should not be urged by party con- 
siderations; the first qualification 
ought to be, he should be a good 
man, we should all agree upon that. 
It is sometimes urged you should 
spare the money, that ■ is right 
enough, the first consideration is you 
should nominate a good man. The 
object of having an election during 
the fall Presidential election might 
be urged as a reason, it is necessary 
to avoid the straight ticket in order 
to carry the election. Xow I am in 
favor first of nominating good, num- 
ber one men, and then electing that 
class of men. I do not think it well 
to have an election in the year of the 
Presidential election, it would be 
much better to elect these men this 
fall and then every two years so that 
it entirely separates these elections 
from the Presidential elections. Men 
come upon their merits and are elect- 
ed on them, no consideration outside 
is used, therefore I hope that that 
amendment will not prevail. 

Mr. STRICKLAND. Mr. Chair- 
man. There is one obstruction that 
none of these gentlemen get over, 
they speak about the election for 
Governor and forget that, whatever 
happens, there will be an election 



for members of Congress next year, 
they forget that. My idea is to sim- 
plify, that the Governor should be 
elected for one year, then when we 
have to assemble to elect a member 
of Congress we also start in at that 
period for State officers. The gentle- 
man from Cumings is entirely mis- 
taken, that is the rule we have work- 
ed under, we have always elected our 
State officers when we elected a 
member of Congress, they have all 
come together; there has been 
one State Convention that nomi- 
inated the officers for the State and 
Congressman. What I am trying to 
do here is so to regulate the elections 
that they shall be held as they have 
been heretofore, not to change it. 
As was first said by Mr. Woolworth 
this change could be made, that the 
executive officers be elected now for 
three years, at which time we will 
have to have a Congressional elec- 
tion. What is proposed by the Arti- 
cle is that you shall have a State 
election every year, one year for 
member of Congress, the next for 
State officers. The amendment means 
that you shall elect the executive of- 
ficers for one year and then come to 
a time when you have to elect a mem- 
ber of Congress and re-elect all anew 
from that period for two years. I 
think I am understood by the gentle- 
men, it is simply a question whether 
you will have a State election every 
year or whether you will have a State 
election, after we have provided for 
the first one, every succeeding two 
years. 

Mr. LAKE. Mr. Chairman, I un- 
derstood the gentleman before. I 
believe it is generally conceded, at all 



172 



TIME OF GENERAL ELECTION 



Tuesday] 



L AKE— STRICKL A ND 



[June 27 



events from what I have heard ex- 
pressed by members of this Conven- 
tion, that we must of necessity have 
a general election throughout the 
State every year. I believe it is gen- 
erally ceded, from the expression of 
opinion here, that we are to elect 
members of the Legislature every 
year, at least those of the House of 
Representatives, that will be a gen- 
eral election throughout the State. 
I have also heard it suggested that 
there was a probability there would 
be certain members of the Legisla- 
ture, of course I only speak from 
rumor, that there shall be certain 
members of the Legislature elected 
by the State at large, they will be 
members of the Legislature repre- 
senting the State at large if that plan 
be adopted, at all events, Mr. Chair- 
man, it is conceded, and must be con- 
ceded, that we are to have a State 
election once in each year. Now, 
what is to be gained by the plan of 
the gentleman; it is only to throw 
the election of the important State 
officers into that year when there 
will be an influence brought to bear 
upon the politics of the State which 
ought to be avoided if possible, to 
wit, national politics, that should be 
avoided, the election, perhaps, of 
Representative to Congress would not 
be of that character, but in order to 
avoid all that kind of influence in 
order (hat our State election may not 
be sunk utterly out of sight, be lost 
sight of, and swallowed up in the 
more important one of President of 
the United States. I propose, and 
other gentlemen upon this floor pro- 
pose, that the election of those ofll- 
cers shall never take place at the 



same time as an election for Presi- 
dent of the United States, except 
there be a necessity for filling a va- 
cancy, but that our Governor, Sec- 
retary of State, Auditor and Treas- 
urer shall be elected in an odd year 
which will render it absolutely im- 
possible that their election shall fall 
upon any year when the President is 
elected: that is all proposed, it is 
merely to separate these two elec- 
tions, the election of our principal 
State ofiicers from that of President 
of the United States, and that is all 
that we ask for. 

Mr. STRICKLAXD. The election 
of Representative from Douglas coun- 
ty does not concern the State, and 
there is no Congresstnan running, 
and no Governor. Next year there 
will be. Then there will be a State 
election and it embodies the two, 
but there is only a State election once 
in two years. 

Mr. LAKE. It is true. I under- 
stand the gentleman. But we dif- 
fer in this — we are all agreed there 
must be State elections and if there 
are offices to be filled, where vacan- 
cies have occurred, they are to be 
be filled at that election. Now, I 
say it is no more expense to elect 
these officers at one election, where 
there is one in each precinct through- 
out the State inasmuch as we are to 
have these elections uniform through 
the State each year. We say, that is 
those who agree with me. that the 
election of our principal State officers 
should not take place on the same 
day as the Presidential election takes 
place; and we are in favor of the elec- 
tion of our State ofiicers in a different 
year. And that will accomplish just 



CANVASS OF KETURNS 



173 



Tuesday] 



ESTABROOK—MANDERSON— WOOL WORTH 



FJune 27 



what I desire, and what others on 
this floor desire, and as provided in 
this section now — an election to be 1 
held at the general election in 1871 1 
and every two years thereafter. That i 
will bring it in the odd year, and 
check having it fall in the year when 
the President is to be elected. 

Mr. NEWSOM. Mr. Chairman, I 
withdraw my amendment. 

The CHAIRMAN. Gentlemen, the 
question is upon the adoption of sec- 
tion three. 

Section three, as amended was 
agreed to. 

Mr. CAMPBELL. Mr. Chairman, 
I move the Committee now rise, 
report progress, and ask leave to sit 
again. 

The CHAIRMAN. Is the Commit- 
tee ready for the question? 

Mr. ESTABROOK. It seems to 
me there will be no more time for the 
sitting of Committees and I will 
be in favor of running the Commit- 
tee a little longer. 

The motion to rise was not agreed 
to. 

The Secretary read section four, as 
follows: 

IT 4. The returns of every election 
for the above named officers shall be 
sealed up and transmitted, by the re- 
turning officers, to the Secretary of 
State, directed to "The Speaker of 
the house of Representatives," who 
shall, immediately after the organiza- 
tion of the House and before pro- 
ceeding to other business, open and 
publish the same in the presence of 
a majority of each House of the gen- 
eral assembl.v, who shall, for that 
purpose, assemble in the hall of the 
House of Representatives. The per- 
son having the highest number of 
votes for either of said offices shall 
be declared duly elected; but if two 



or more have an equal, and the high- 
est, number of votes, the general as- 
sembly shall, by joint ballot, choose 
one of said persons for said ofiice. 
Contested elections for all of said 
offices shall be determined by both 
houses of the general assembly, by 
joint ballot, in such manner, as may 
be prescribed by law. 

Mr. MANDERSON. Mr. President, 
I move to strike out the words 
"general assembly," and substitute 
the word "legislature." 

The CHAIRMAN. The alteration 
will be made if there is no objection. 

Mr. WOOLWORTH. Mr. Chair- 
man. I object to that change. I 
think it is better to leave that until 
we have adopted the Legislative Ar- 
ticle and we find out what, in 
that Article, the Legislature is called. 
After we have adopted it and know 
what the Legislature is called, then 
this and that may be made to agree. 
That is a matter for the Committee 
on Revision and Adjustment. 

The CHAIRMAN. The question is 
on striking out the words "general 
assembly," and inserting "legisla- 
ture." 

Mr. ESTABROOK. Mr. Chairman, 
Is it not the custom at christenings, 
to have the baby present? We have 
not the child here. 

Mr. LAKE. We have one of them. 
They are twins. 

The question being upon Mr. Man- 
derson's amendment to strike out 
"general assembly" and insert "leg- 
islature," a division was ordered. 

The Committee divided and the 
amendment was agreed to. 

The CHAIRMAN. The question 
now recurs on the section as amend- 
ed. Is the Committee ready for the 



174 



RESIDENCE TO HOLD OFFICE 



Tuesday 1 



ABBOTT-WAKELEY-MANDEESON 



IJu 



question? 

Mr. ABBOTT. Mr. Chairman, I 
move to strike out the words "and 
the highest," between the words 
"equal" and "number." 

Mr. WAKELEY. That is correct 
as it is. It draws a distinction be- 
tween those as in the highest and 
those in the lowest. The language 
is similar to the language in the Con- 
stitution of the United States, in the 
reference to the President and Vice 
President. 

Mr. WOOLWORTH. If you strike 
out the word "highest" you might 
have one man having the highest 
number of votes, and two others hav- 
ing an equal but lower number of 
votes, and you would be obliged to 
elect a Governor from the two, and 
thus cut out the one having the high- 
est number. 

Mr. ABBOTT. I withdraw the 
amendment. 

Section four as amended was 
agreed to. 

The Secretary read section five as 
follows: 

1 5. No person shall be eligible to 
the office of Governor or Lieutenant 
Governor who shall not have attained 
the age of twenty-five years, and been 
for two years next preceding his 
election, a citizen of the United 
States and of this State. Neither the 
Governor, Lieutenant Governor, Au- 
ditor of Public Accounts, Secretary of 
State, Superintendent of Public In- 
struction nor .Mtorney General shall 
be eli.eible to any other office during 
the period for wliich he shall have 
been elected. 

Mr. WILSON. Mr. Chairman, I 
move to strike out the word "two" 
in the fourth line, and insert "five." 

Mr. WOOLWORTH. I hope that 



amendment will not prevail. The 
provision five would be very proper 
one in an old State which has been 
pretty well settled but in this new 
State, where so many people are con- 
stantly coming in, it might prove, a 
great many times, very unjust; and 
the wording of the provision might be 
detrimental to the State. I hope the 
provision will continue to be two, 
and not be changed. 

Mr. McCAXN. I think the amend- 
ment of the gentleman from Johnson 
(Mr. Wilson) is intended to apply to 
citizenship in the United States; not 
to this State. 

Mr. WILSON. My object is that 
he shall be five years a resident of 
this State. 

Mr. MANDERSON. I hope the 
amendment will not prevail. The 
section, as it now stands will require 
the residence of two years and a half 
in this case of the Governor and 
Lieutenant Governor. He must re- 
side in this State long enough to ac- 
quire citizenship. Then he must live 
two years a citizen of the State. I 
think there is much point in the 
argument of my colleague (Mr. 
Woolworth), that while five years' 
citizenship in the State might well 
apply in older States than this; yet 
here, where we are constantly receiv- 
ing an influx of men able enough to 
occupy the office, we should not put 
this in. I have been a resident of 
this State less than two years, not 
that by that I mean to say I expect 
'to be a candidate for the office of Gov- 
ernor, yet 1 would not like to be de- 
barred from seeking the position if 
I so wished. Yet I believe when a 
man becomes a citizen of the State of 



RESIDENCE TO HOLD OFFICE 



175 



Tuesday] 



WILSON— KIRKPATRICK- H ASCALL 



IJune 27 



Nebraska he should be entitled to the 
rights and privileges enjoyed by 
every citizen of the State. I do not 
believe that because he is an old set- 
tler he should have the greater privi- 
leges. I recognize the credit that at- 
taches, and that is due to those gen- 
tlemen who have lived in this State 
for long periods. I put no such bar- 
rier as is proposed by this amend- 
ment, in the Constitution of the 
State. I do not know if I would be out 
of order if I relate a conversation I 
had with an old resident of this 
State. I was congratulating him on 
the fact of his being an old resident 
of Nebraska, having come here four- 
teen or fifteen years ago. Said he 
"that is a small matter for congrat- 
ulation. For the last five or six years 
there has been something to come to 
this State for, some reason for 
coming, but when a man came here 
longer ago than that, there must 
have been some reason for his leav- 
ing the place from which he came." 
(Laughter.) 

Mr. WILSON. Mr. Chairman, 
would not the man who comes right 
here from my country be a fine sub- 
ject to act as Governor of the State 
of Nebraska, as he could do, as soon 
as he obtained citizenship, if this 
idea should be adopted. Now I am 
in favor of making this a still longer 
time, and requiring a residence here 
of five years instead of two years, in 
order to make a man eligible to the 
office of Governor. 

Mr. KIRKPATRICK. I think a 
residence of one year in the State 
would be quite long enough. In our 
territorial form of government, a 



good many members of tlie Legisla- 
ture had been residing in the Stato 
about 40 days; I think at least one 
half of the residents of this State has 
come in within two years, and I see 
no reason for excluding these from 
the right to hold office. I would like 
to reduce this term at least one year. 

Mr. ESTABROOK. Mr. Chairman, 
I hope this will be made as perfect as 
the friends of it can make ft, because 
when all is doue, I propose to attack 
the whole thing. I ask such amend- 
ments as shall provide that the 
man who is worthy to cast a vote, 
is worthy to hold office ("that's 
right" "that's right.") 

The CHAIRMAN. Gentlemen, 
the question is upon the motion to 
strike out the word "two" and insert 
the word "five." 

The motion was not agreed tc. 

Mr. ESTABROOK. Mr. Chair- 
man, I move to amend by inserting 
"an elector 2 5 years of age shall be 
eligible." 

Mr. HASCALL. Mr. Chairman, 
I hope that will be adopted, for I am 
decidedly in favor of it. This is a 
new state, and we want people to 
come here and if people do come they 
are entitled to vote and if they are 
wanted to hold office, they ought to 
hold it. For my part, I am not so 
greatly opposed to "carpet baggers." 
They are always men of energy and 
enterprise and they keep matters 
stirred up. In fact, I believe "Car- 
pet baggers" are the salvation of the 
country. 

Mr. NEWSOM. Mr. Chairman, I 
am in favor of giving the right to 
hold office to a man as soon as he 
is capable of holding office; but I 



176 



ELIGIBILITY FOR ANOTHER OFFICE 



Tuesday ) 



STRICKLAND-WAKELEY— WOOL WORTH 



[June 27 



think the gentleman from Dougias 
(Mr. Hascall) puts it on a little too 
thick. (laughter) I am opposed to 
the amendment of the gentleman 

Mr. STRICKLAND. This amend- 
ment provides that a two years resi- 
dence makes an elector? 

Mr. ESTABROOK. Yes sir. 

Mr. STRICKLAND. I do not 
think that is long enough time to 
quality a man to hold one of o\ir 
State offices. I think a gentleman 
ought to live in the State at least 
two years in order to make himself 
acquainted with the affairs and in- 
terests of the State. I know that in 
some countries, in Spain for instance, 
a person is often put at thfi h-tiJ 
of the government who knows noth- 
ing at all about the concerns and 
afl'airs of that country; but this will 
not i\o in a democratic goveiument. 
\\'e want those who govern us to 
Jivo among us and know what is to 
our best interests. We hardly want, 
I think, to elect a man to an office 
in Douglas county, who lives in Otoe, 
or Dodge county and who really 
knows nothing about us and our 
affairs. 

Mr. PHILPOTT. Mr. Chairman, I 
desire the amendment read. 

The Chairman reads the amend- 
ment. 

The CHAIRMAN. Gentlemen, the 
question is upon the adoption of the 
amendment just read. 

The motion was not agreed to. 

Mr. WAKELEY. Mr. Chairman. I 
move to amend section 5 by striking 
out all after the words "this State." 
The sentence I propose to strike out, 
leaves a gentleman in office ineligible 
to hold any other office during his 



term. I don't believe that the fact 
of a man having been elected to one 
of our highest offices should disquali- 
fy him from holding any other office; 
if the people of the State see 
fit to confer another office upon him. 
I think should the people so confer it. 
that the officer has a right to receive 
it. I presume this provision originated 
with the idea that a person holding 
office might be intriguing for another 
office, and using the powers and ad- 
vantages of his position to secure 
some other and higher place. I don't 
believe any mischief would arise 
from rendering each State officer eli- 
gible to some other place. If they 
should desire to hold other offices I 
don't see why they shjuld be ineligi- 
ble. 

\ Mr. WOOLWORTH. My colleague 
states that the reason for the intro- 
duction of this provision, is for the 
purpose of preventing the intrigues 
in which an officer might indulge in 
order to secure an election to some 
other office. The time for which 
these gentlemen hold the State offi- 
ces is not long, and it is only during 
that period of time that they are in- 
eligible to any other office. It 
strikes me that it is eminently proper 
' that when a gentleman has secured 
his election to one of these six im- 
portant offices, he should be content 
for the term of two years. If we 
had but few men who want office, 
why then the suggestion might be 
I very proper, and we might be driven 
to select a gentleman who already fill 
a State office, to fill some other im- 
portant position, but I apprehend 
there is no lack of men who want of- 
fice, in this country, and we are not 



ELIGIBILITY FOR OTHER OFFICE 



177 



Tuesday] 



WAKELEY— WOOLWORTH-McCANN 



[June 27 



driven to select gentlemen who have 
been elected to one of the six ofBces 
named in the sentence referred to, 
nor is the number of men who are 
capable to hold office limited. I think 
it is a good thing to deprive these per- 
sons whom we have elected to any 
office of the opportunity of seeking 
other public positions during the 
term for which they have been elect- 
ed. 

The CHAIRMAX. The question is 
on the amendment offered by the 
gentleman from Douglas (Mr. Wake- 
ley.) 

The amendment was not agreed 
to. 

Mr. WAKELEY. Mr. Chairman, I 
offer the following amendment to in- 
sert after the word "office" in the 
fifth line these words "created by 
the Constitution of this State." 

I will state, Mr. Chairman, the 
reason I have for the proposed 
amendment. There is no question of 
the authority to prescribe any condi- 
tion of eligibility to any of its offi- 
cers, but not of the officers of the 
United States, for notwithstanding 
the State Constitution rendering an 
officer ineligible, it has been held 
that such officer was eligible to Con- 
gress. I have no desire to have our 
Constitution appear opposed to the 
laws of the general government when 
it will not effect anything, but I pre- 
fer that our Constitution recognize 
this fact. 

Mr. ROBIXSOX. Mr. Chairman, I 
think with the gentleman that we 
have thp snme nipnnine nnw as we 
would have if amended. 

Mr. LAKE. I would like to ask 
my colleague (Mr. Wakeley) wheth- 
12 



er he thinks that can refer to any 
other than the officers created by this 
Constitution? 

Mr. WAKELEY. I know that it 
has been designed in other States to 
refer to national officers. 

Mr. WOOLWORTH. Mr. Chair- 
man, the only occasion when this 
identical subject came up to be con- 
sidered was when Mr. Trumbull of 
Illinois presented himself at the bar 
of Congress for admission. It was 
then objected that he was ineligible, 
because there was in the Constitution 
of that State a section like this one. 

The almost unanimous decision 
was that the State Constitution did 
not refer to any other officers than 
those created by the Constitution, 
and after that was so decided the 
State of Illinois went on and enacted 
another Constitution containing the 
same language that is contained in 
this section. I don't think that the 
matter is open to any debate what- 
ever, for I do not think that the 
words would modify it in the least. 

Mr. McCANN. Mr. Chairman, 
The fifth section of the Constitution 
of the United States, I think it is, 
settles that matter where it makes 
the members of Congress the judges 
of the qualification of its own mem- 
bers. In this case I think it is not 
necessary to state this distinction, we 
are simply providing for the officers 
of the State of Nebraska and not for 
the United States. I think it should 
stand just as it is. 

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

The amendment was not agreed to. 

The CHAIRMAX. The question is 



178 



EXPENSE OF INSANE 



Wednesday) 



JOHN GILLESPIE, STATE AUDITOR 



[June 28 



now on the fifth section as it stands. 

The section was adopted. 

Mr. SPRAGUE. I move that the 
Committee now arise, report pro- 
gress and ask leave to sit again. 

The motion was agreed to. 

Mr. MYERS. Mr. President, The 
Committee of the Whole have had 
under consideration the Article of the 
Constitution entitled "Executive," 
and have instructed their Chairman 
to report progress and ask leave to 
sit again. 

Mr. President, I move that leave be 
granted to the Committee to sit again 
on this Article to-morrow morning, 
after the regular morning order. 

The motion was agreed to. 

Mr. GREXELL. Mr. President. I 
move to adjourn. 

The motion to adjourn was agreed 
to. 

So the Convention (at six o'clock) 
adjourned. 



THIRTEENTH DAY. 

Wednesday, June 2Sth, 1871 
The Convention met at ten o'clock 
and was called to order by the Presi- 
dent. 

Prayer. 

Prayer was offerea by the Chaplain 
as follows: 

God of all grace, be merciful unto 
us this day: give strength to our 
minds; give uprightness to our 
hearts. May we be Thy people; 
may we give Thee thanks forever; 
may we show forth Thy praise to all 
generations. Amen. 

Reading of the Jouiiml. 

The Secretary read the Journal of 
the preceding day which was ap- 
proved. 

Coiniiiunications. 

Communications were received 
from the Auditor of State and read 
by the Secretary as follows: 



State of Nebraska. Auditor's Office, 
HON. SILAS A. STRICKLAND, Lincoln, June 27th, 1871. 

President Constitutional Convention. 
Sir: 

In reply to request embraced in resolution from your honorable 
body asking for a statement showing the expense of Insane up to this 
date, I have the honor to submit the following, under the several heads of 
expense, as shown from vouchers on file in tliix office. 

Expenses previous to close of fiscal year Nov. 30th 1S70 . $25,312.72 
Expenses paid since, fees of Sheriffs' Probate Judges, Physici- 
ans etc 8 0SG.34 

Expenses paid since, board and clothing 7.290.07 

Expenses paid since, repairs of building 2,0GS.5G 

Expenses paid since, farm implements, trees, team, cows etc., 1,420.90 

Expense paid wages of employees 2,359.00 

Expenses paid for fuel 5,455.00 

Expenses paid drays 135.70 

Payment for outstanding indebtedness of the Insane Asylum. 

act approved Feb. 10th, 1871 19,317.97 



Total 



$71,440.26 

Respectfully submitted. 
Your obedient servant. 

JOHN GILLESPIE, 

State Auditor. 



EXPENSES STATE GOVERNMENT 



179 



Wednesday] 



JOHN GILLESPIE, STATE AUDITOR 



State of Nebraska, 

Auditor's Office. 
Lincoln. June 27,1871. 
Hon. SILAS A. STRICKLAND. 

President of Constitutional Con- 
vention. 
Sir: 

In response to resolution from 
your honorable body requesting an 
itemized statement of expenses of 
State Government, also expenses paid 
to persons, etc., I have the honor here- 
with to transmit copy of General Ap- 
propriations Bill. "An Act making 
appropriations for the current ex- 
penses of the years 1871 and 1872," 
approved March 24th, 1871; also 
copy of "An Act making appropria- 
tions for the payment of the follow- 
ing persons " Approved March 2 8th, 
1871. 

Respectfully, 

Your obedient servant, 

JOHN GILLESPIE, 

State Auditor. 

An Act. 

Making appropriations for the pay- 
ment of the following persons: 

Section 1. Be it enacted by the 
Legislature of the State of Nebraska. 
That the following sums of money, 
or so much thereof as may be 
necessary, be, and the same are here- 
by appropriated for the payment of 
the following claims: 

FOR DRAYAGE. 
To Bohanan Bros., for drayage for 
Governor's office $9.50 

FOR ASSISTANT JANITOR 
To Samuel S. Hall $297.00 

CELL FOR STATE CONVICTS. 
To Douglas county for Building cell 

for State Convicts $185.51 

ALVIN SAUNDERS. 
For services from March 4th, to 
March 27th, inclusive. 1867$Ge.75 

NEWSPAPERS FOR LEGISLA- 
TURE. 
To Nebraska State Journal, (Senate 
-nd House) $750.00 



Omaha Tribuae, CO days 3 

cents per copy 140.00 

Omaha Herald lOS.OO 

Omaha Republican 168.00 

Plattsmouth Herald 52.00 

FOR FURNITURE FOR CAPITOL 
BUILDING. 

To Dewey Trimble & Co., 
for chains for Senate and 

House $240.00 

Desks for Senate and 

House 660.00 

To Milton Rogers, stoves 

for Capitol Building 802.10 

To R. Hawk & Co., balance 
due and interest from 
January 1, 1SC9 402.50 

To F. W. Hohman. Matting 

for Senate and House. . . . 476.00 

To J. E. Boyd & Bro.. Chan- 
delier Supreme Court. . . . 80.00 
repairs to Chandeliers etc. 92.55 

To I. B. Compton, stoves, pipes, 

sundries and interest.... 241.20 

FOR REPAIRS ON CAPITOL 

BUILDING. 

To S. Way & Co., for repairing 

roof, etc 425.15 

To N. A. Tyler, Inside doors, 

flooring, etc 245.00 

To S. Warfield. repairs on 

chimneys 7.00 

To W. N. Smith, repairs on 

locks 9.50 

To Leighton & Brown, Glass,. .97.20 

To James P. Munson, repairs 

on well and cleaning same 45.00 

To Frank Keyes, for repairs 

On chimneys, etc 80.00 

FURNITURE, PAINTING AND ETC. 
FOR OFFICES. 

To Dewey Trimble & Co., furniture 
for Governor's room ... $1,223.10 

To James A. Bailey, paint- 
ing etc.. Governor's office 250.00 

To Dewey Trimble & Co., 
furniture for Adj't Genl's 
office 323.75 

To James A. Bailey, paint- 
ing etc., Adj't Genl's 
office 28.00 



180 



EXPENSES STATE GOVERNMENT 



Wednesday 



To Dewey Trimble & Co., 
furniture Sec'y of State's 
Office 105.00 

To James A. Bailey, paint- 
ing Treasurer's and Sup't 
Public Instruction Of- 
fice 53.47 

To L. B. Wilkinson, paint 
ing Sup't Public Instruc- 
tion Office OS. 75 

To D. J. Silver & Son, set- 
ting vault fronts Audi- 
tor's and Sec'y of State's 
Offices 312.00 

FOR INSANE ASYLUM.UNIVERSI- 
TY AND CAPITOL. 

To A. Meyer, coal for Capi- 
tol $1,375.00 

To A. Meyer & Co., coal for 

Asylum in 1870 1,050.00 

To A. D. Marshall, coal for 

Capitol 218.55 

To Harry Byrne, plumbing 
and repairs Insane Asy- 
lum GS.05 

To J. P. Adams, repairs In- 
sane Asylum 10.00 

FOR TRAVELING EXPENSES, ETC. 

To S. D. Beals. traveling ex- 
penses 350.00 

To H. H. Brown, removing 
archives, Omaha to Lin- 
coln 87.50 

To James N. Tait, drayage 

etc 7.50 

To John C. Creed, arrest of 

Samuel Pool 100.00 

To S. C. Abbot & Co., sta- 
tionery Sup't Public In- 
struction Beals 110. G5 

FOR PRINTING LAWS AND 
JOURNALS. 

To St. A. D. Balcombe, 

for printing Journals. .. |1, 118. 55 

For printing Register 

Books 600.00 

For tax receipts, blanks 

etc 1,372.90 

For printing for Superin- 
tendent Public Instruc- 
tion G56.00 



For printing for Penitenti- 
ary 57.00 

To Hentzel & Renner, print- 
ing and translating Gov- 
ernor's Message 100.00 

Leighton & Brown, paints. 

oils, wall paper, etc 47.80 

S. C. Elliott & Co., lamp.. . 10.00 

STATIONERY AND BOOKS FOR 
EXECUTIVE DEPARTMENT. 

Mills & Co., books, station 

ery, etc 374.30 

J. W. Middleton & Co., 

books, stationery etc.. . . 280.05 

To Leighton & Brown, sta- 
tionery executive depart- 
ment 112.00 

Paints, executive dept... GO. 52 

Incidentals, exec, dept., 57.53 
Paints, oils etc., exec, 

dept 24.95 

Coal oil. etc., exec, dept., 9.10 

Incidentals, exec, dept., 63.35 

To L. E. Cropsey, 54 days 

work in exec, dept 162.00 

To R. P. Beeeher, 238 days 

work in exec, dept 714.00 

CLERK HIRE ADJUTANT GENER- 
AL'S DEPARTMENT. 

J. D. Parker, S months ser- 
vice as clerk at $75 600.00 

T. F. Hardenburgh, 5 days 

service 15.00 

J. J. Roggen, 5 days service 15.00 

E. P. Roggen, 5 days work 14.99 

G. W. Whitehead, 2 days 

work 6.00 

Bohannan Bros., transport- 
ing cannon, small arms, 
and ammunition. — Oma- 
ha to Lincoln 75.00 

L. B. French, expenses on 

trip after Insane 30.00 

Andrew Keene, repairing 

chair 5.00 

M. Langdon. 2 cords of 

wood for library 19.00 

John Robison, attending 

out-house 60 days 180.00 

Expense of Railroad Com- 
mittee : 710.60 



EXPE]N(SES STATE GOVERNMENT 



181 



Wednesday] 



Expense of Joint Investigat- 
ing Committee 790.55 

Vault Safe, doors etc., for 

State Treasurer's dept.. 6,000.00 

W. H. H. Waters. Daily 

Chronicle 40 days 47.25 

Samuel Wilcox. Lightning 
rods and points for In- 
sane Asylum 417.50 

For assistant clerk hire. 
Committee on Engrossed 
and Enrolled Bills 250.00 

For Land Office fees enter- 
ing agricultural lands. . 2,500.00 

Wilson & Sterne, balance 

due 8.69 

Arrison & Co., furniture 

etc 259.00 

Pearman & Co., trees etc., 1,000.00 

E. Fuller for guarding state 
prisoners at Fremont, 
Neb., from April 1st., 69 
to December 1st., G9 244 

days and nights 732.00 

For the payment of the officers and 
employees of the House of Represen- 
tatives for extra services. 

F. M. McDonagh, Chief elk., 

40 days services 160.00 

L. E. Cropsey. assist., elk., 

40 days services 160.00 

J. R. Webster, 2nd asst., 

clerk 40 days services. . 160.00 

C. Culbertson, Sergt., at 

Arms 40 days services. . 120.00 

D. S. Snyder, Engrossing 

clerk 4 days services.. 120.00 
Cornelia Frost, Enrolling 

clerk 40 days services.. 120.00 
S. .1. Alexander, Asst., Sar- 

geant at Arms 40 days 

service 120.00 

E. L. Clark, Door keeper, 

40 days services 120.00 

E. Goodsell, Fireman 40 

days service 120.00 

Rev. Fifield, Chaplain. 40 

days services 120.00 

F. M. Donavan, Page, 40 

days services 60.00 

H. Baird, Page 40 days ser- 
vices 60.00 

G. W. Collins, Speaker, days 
services 120.00 



For the payment of the officers and 

employees of the Senate. 

C. H. Walker, Secretary of 
of the Senate 40 days ser- 
vices 160.00 

C. M. Blaker, Asst., Sec- 
retary of the Senate 40 
days services 160.00 

A. M. Blaker, Enrolling 

Clerk 10 days services. 30.00 

Extra services sundry per- 
sons Enrolling 10.00 

C. E. Hine, Doorkeeper 40 

days services 120.00 

Andrew Keene, Fireman, 40 

days services 120.00 

S. M. Kline, Sargeant at 

Arms 40 days services. . 120.00 

J. D. Parker, Asst,, Sarg- 
geant at Arms 4 days 
services 120.00 

Rev. Goodale, Chaplain 40 

days services 120.00 

J. F. Hodges, Page, 40 days 

services 120.00 

E. E. Cunningham, Presi- 
dent Senate 40 days ser- 
vices 120.00 

Secretary of the Senate^ for 
copying Journal of the 
Senate and Impeachment 
Trial 200.00 

Asst., Secretary of the Sen- 
ate for copying Journal 
of House and Impeach- 
ment Trial 200.00 

For copying Journal of 

the house 200.00 

Provided that the above persons 
shall receive pay only for the ser- 
vices actually rendered upon a certifi- 
cate signed by the President of the 
Senate and Speaker of the House. 

Section 2. The State Auditor is 
hereby authorized upon evidence be- 
ing presented that the parties for 
whom appropriations are made by 
this Act, performed the labor con- 
templated for the sums appropriated 
have been justly expended, shall 
draw his warrant upon the Treasurer 
for the amount which warrant shall 
give the name of the person and the 



182 



TRINTING REPORTS 



Wednesday 1 



WOOLWORTH—MCCANN— CAMPBELL 



[June 28 



service and material furnished for 
which the warrant was given. 

Sec. o.This Act shall take effect 
and be in force from and after its 
passage. 

G. W. COLLINS. 
Speaker of the House of Representa- 

E. E. CUNNINGHAM, 
President of the Senate. 
Approved March 2Sth, A. D. 1871. 
WILLIAM H. JAMES, 

Acting Governor. 
I hereby certify that this Bill or- 
iginated in and passed the House of 
Representatives. 

L. E. CROPSEY, 

Asst., Clerk. 

Mr. WOOLWORTH. Mr. President, 
I would suggest that they be printed, 
then we can look them over more 
carefully. 

Mr. McCANN. Mr. President, I 
think our cost of printing is running 
up very rapidly indeed, and I 
would suggest to the Convention that 
the appropriation bills are before 
the Convention now; they are sub- 
mitted by the Auditor; and as they 
can be seen and examined now and 
at any time in the office of the Secre- 
tary of State or Auditor, I object to 
the printing of 1000 copies of the 
bill. We are running up bills for 
printing that will astonish this Con- 
vention when they see them; and we 
will want an appropriation of another 
$15,000 to cover this one item alone. 
I carefully examined those bills yes- 
terday. They are now upon the Sec- 
retary's desk; every member can see 
them; and I hope we will not incur 
the printing of these copies. I would 
add that the State printing is now 
being done, and the laws will soon 
be before us, and we can examine 
them at any moment. 



Mr. WOOLWORTH. Will the gen- 
tleman allow me to laqiiirc what the 
object is in calling for the copies of 
these two acts? 

The PRESIDENT. The resolution 
called for a detailed statement of the 
expenditure, and he gave the Act of 
the Legislature, appropriating differ- 
ent amounts. 

Mr. WOOLWORTH. Then Mr. 
President. I move that the communi- 
cation be referred to the Committee 
on Revenue and Finance, that they 
may examine them and state, in a 
brief story, the contents of these two 
bills, and tell us better than by a per- 
sonal examination by us, of the bill 
at length. 

The PRESIDENT. The question 
is upon the motion to commit. 

Motion agreed to. 

Correction of the Journal. 

Mr. CAMPBELL. Mr. President. I 
move that the Journal be so cor- 
rected as to show that the bill which 
the Committee of the Whole had un- 
der consideration yesterday was read 
a first and second time, and then 
referred. 

Mr. ESTABROOK. Do I under- 
stand that that fact wants to be 
shown? 

The correction suggested was or- 
dered made. 

Extension of Privilege. 

Mr. HASCALL. If there is no ob- 
jection I want to make a motion. 

Leave granted. 

Mr. HASCALL. I move that the 
rules be suspended and the privilege 
of the floor be granted to Col. P. T. 
Abell, of Atchison, Kansas. 

Mr. CAMPBELL. I would also in- 



PRINTING REPORTS 



183 



Wednesday 1 



ESTABROOK— MCCANN-STEWART 



[June 28 



elude with him Mr. A. Byram, of the 
same place. 

Mr. STEWART. And I would in- 
clude Major J. Loree, of Richardson 
County, Nebraska. 

Motion agreed to . 

Reports of Committees. 

Mr. ESTABROOK. Mr. President, 
the Committee on Education, School 
Funds and Lands, held a session this 
morning and instructed me to report, 
although the report is somewhat mar- 
red with interlineations and the like. 
I will state, moreover, it would have 
preferred to submit a somewhat more 
elaborate report, as to the amount 
of school funds, and other matters of 
interest connected with the educa- 
tional department of our State. 
That we defer until another time. 
I simply present this, and ask that 
the rules be suspended, that it be 
read a first time., and second time by 
its title and printed; and referred to 
the Committee of the Whole. 

Mr. McCANN. Mr. President, I 
understand there is some misappre- 
hension in reference to the tabular 
statement which was ordered printed, 
and as this contains a history of the 
expenses since the organization of 
the state, it is suggested that a larger 
number be printed while the form is 
up. I move that 300 additional 
copies be printed. 

Motion agreed to. 

The Secretary commenced to 
read the report of the Committee on 
Education, School Funds and Lands, 
when he was interrupted. 

Mr. ROBINSON. Mr. President, 
This is out of order. I move to sus- 
pend the rules and that the bill be 



read a first and second time by its 
title as we do not hear or under- 
stand it as read by the clerk. 

Motion agreed to, and rules sus- 
pended. 

The bill was read first and second 
time by its title. 

The PRESIDENT. The question 
now is that it be printed and referred 
to the Committee of the Whole. 

Motion agreed to. 

Mr. CASSELL. Mr. President, I 
have a report from the Committee on 
State Institutions and Public Build- 
ings. 

Mr. STEWART. I move that the 
rules be suspended and the article 
read a first and second time by its 
title and printed. 

Mr. KIRKPATRICK. Mr. Presi- 
dent. I object. 

Mr. PARKER. Mr. President, I 
desire to hear it read a first time. 

Mr. STEWART. I withdraw my 
motion to suspend the rules. 

The PRESIDENT. First reading 
of the article. 

Mr. STEWART. Mr. President, I 
move that the rules be suspended; 
the article read a second time by its 
title and 100 copies ordered printed, 
and then be referred to the Commit- 
tee of the Whole. 

Mr. HASCALL. Mr. President, 
the motion to refer to Committee of 
the Whole, is out of order. We have 
a rule which carries it to the Com- 
mittee of the Whole without a mo- 
tion. 

The PRESIDENT. The gentleman 
from Douglas (Mr. Hascall) is right. 
The question, gentlemen, is upon the 
printing of 100 copies of the report. 

Motion agreed to. 



184 



FUTURE AMENDMENTS 



Wednesday] 



BALLARD— MYERS 



[June 28 



Mr. ESTABROOK. Mr. Chairman, 
It is suggested to me that it should 
be 200 copies, as the additional 100 
copies will cost simply the price of 
the paper and the work of printing, 
which will take perhaps an hour. I 
move that 2 00 copies of all Articles 
be printed in the bill form. 

The PRESIDENT. Gentlemen, the 
question is upon the motion as just 
stated by the gentleman from Doug- 
las (Mr. Estabrook). 

Motion agreed to. 

R<*ports of Committees. 

Mr. BALLARD. Mr. President, I 
submit the report of the Committee 
on Future Amendments. 

The Secretary reads the report as 
follows: 

Report of the Committee on 
Amendments. 

M. BALLARD, 

Chairman. 
Mr President: 

Your Committee on Future Amend- 
ments beg leave to present the follow- 
ing, and would respectfully recom- 
mend that the same be adopted by 
the Convention: 

Any amendment or amendments to 
this Constitution may be proposed in 
the Senate or House of Representa- 
tives, and it the same shall be agreed 
to by a majority of the members 
elected to each house, such proposed 
amendment or amendments shall be 
entered upon the Journals, with the 
yeas and nays taken thereon, and the 
Secretary of State shall cause the 
same to be published three months 
before the next election in at least 
one newspaper in every county in 
which a newspaper shall be published, 
and if in the Legislature next after- 
wards chosen such proposed amend- 
ment or amendments 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 published in manner aforesaid, 
and such proposed amendment or 
amendments shall be submitted to 
the people in such manner and at 
such time, (at least three months 
after being so agreed to by the two 
houses), as the Legislature shall pre- 
scribe; and if the people shall ap- 
prove and ratify such amendment or 
amendments by a majority of the 
qualified voters of this State voting 
thereon, such amendment or amend- 
ments shall become a part of the Con- 
stitution: but no amendment or 
amendment's shall be submitted to 
the people oftener than once in five 
years; provided, that if more than 
one amendment be submitted they 
shall be submitted in such manner 
and form that the people may vote 
for or against each amendment separ- 
ately and distinctly. 

Sec. 2. Upon the expiration of 
twenty-five years from the adoption 
of this Constitution, or any year 
thereafter, the Legislature may pro- 
vide by law for the submission of 
the question: "Shall there be a Con- 
vention to revise or amend the Con- 
stitution?" and should a majority 
of the legally qualified electors vot- 
ing thereon decide in favor of calling 
a convention for such purpose, then 
the Legislature at its next meeting 
shall provide by law for the election, 
qualification and pay of the delegates 
to such Convention. 

We, the undersigned would re- 
spectfully represent that we cannot 
concur with the majority of the Com- 
mittee as to the second section herein 
reported, for the reason that we be- 
lieve that the first section contains all 
that is necessary on the subject of 
future amendments. 

M. BALLARD. 
JOHN C. MYERS. 

The PRESIDENT. First reading 
of the Article. 

Mr. HINMAN. Mr. President, I 
ask that the second section be read 
again. 



REGISTRATION— SCHOOL FUNDS 



185 



Wednesday] 



PHILPOTT-TOWLE— WEAVER 



The Secretary read the Second 
Section, again. 

The Article is read the second time 
by title. 

The PRESIDENT. Gentlemen: The 
question is upon the printing of 100 
copies of the report. 

Motion agreed to. 

Mr. PHILPOTT. Mr. President, I 
would like to know whether there is 
any provision for printing the report 
of the Committee on Public Institu- 
tions and Buildings. 

The PRESIDENT. 100 copies were 
ordered printed. 

Resolutions. 

Mr. PHILPOTT. Mr. President, I 
wish to offer a resolution. 

The Secretary read the resolution, 
as follows: 

RESOLVED. That the Hon. Sec- 
retary of State be requested to report 
to this Convention the cost of the 
printing done for the same up to the 
present day. 

Mr. PHILPOTT. I think it is emi- 
nently proper, Mr. President, that 
this information be given us. 

Mr. REYNOLDS. Mr. President. 
I am informed that the information 
sought is not in the possession of the' 
Secretary of State, but of the State 
Auditor. 

Mr. PHILPOTT. Then, Mr. Presi- 
dent, I amend my res9lution by in- 
serting "State Auditor" instead of 
"Sec. of State." 

The resolution as amended was 
adopted. 

Mr. TOWLE. Mr. President, I 
offer a resolution. 

The Secretary read the resolution, 
as follows: 

RESOLVED. That the Committee 
on Rights of Suffrage be requested 



to inquire into and report upon the 
e.xpediency of incorporating limita- 
tions on the following points, relative 
to the registry of voters, in the new 
Constitution: 

1st. Whether the best interests 
of the State require a registration 
of voters. 

2nd. Whether it would not be 
best to require registration only in 
cities of the 1st class. 

3d. Whether the best interests of 
the State, and those entitled to exer- 
cise the right of suffrage do not im- 
peratively demand that in case a 
registry law should be passed, or con- 
tinued in force that the Registrar of 
each Precinct should be compelled 
to place upon the registry list every 
legal voter of his precinct, even 
though no application shall be made 
for registration, by persons so en- 
titled. 

4lh. Whether the said Registrar 
should not be elected by the legal 
voters of each precinct. 

Mr. TOWLE. I move that the res- 
olution be referred to the Committee 
on Rights of Suffrage. 

The motion was agreed to. 

Mr. WEAVER. Mr. President, ) 
have a resolution. 

The Secretary read the resolution, 
as follows: 

WHEREAS: In several States 
there have been repeated attacks 
made against the public school sys- 
tem by attempting to divert school 
money to the use of different relig- 
ious sects: therefore be it, 

RESOLVED: That there should 
be engrafted into our Constitution 
a clause prohibiting, forever, a divi- 
sion of school funds among different 
denominations. 

Mr. WEAVER. Mr. President, I 
ask that the resolution be referred 
to Committee No. C, on Education. 
School Funds and Lands. 

So referred NEM. CON. 

Mr. HASCALL. Mr. President, I 



ISC 



PUBLIC LANDS— PRIiNTIKG 



BOYD-PHILPOTT-TOWLE 



[Ju 



hope we shall be able to pass this 
order soon, so that we may get into 
Committee of the Whole on the Ex- 
ecutive Article. 

The PRESIDENT. I will Inform 
the gentleman from Douglas (Mr. 
Hascall,) that there is no order to 
pass to from this order. 

Mr. BOYD. Mr. President, I have 
a resolution. I wish to offer. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the Acting 
Governor of this State be and is here- 
by requested to report at once the in- 
formation asked for in the resolution 
of Mr. Scofield, adopted by this Con- 
vention on the 21st inst, relative to 
the public lands and other school 
lands. 

Mr. BOYD. I move the adoption 
of the resolution. 

The motion was agreed to. 

Mr. HASCALL. Mr. President, I 
move that we now take up the special 
order of the day, and go into Com- 
mittee of the Whole on the Executive 
Article. 

Mr. PHILPOTT. Mr. President, if 
the gentleman will just wait a mo- 
ment. I have a resolution I wish to 
offer. 

Mr. HASCALL. I will waive my 
motion to give the gentleman an op- 
portunity to offer his resolution. 

The Secretary read the resolution, 
as follows: 

RESOLVED: That the Secretary 
of State report to this Convention any 
information that he may have of the 
cost of printing, for the same, to the 
present date. 

Mr. PHILPOTT. Mr. President, I 
move the passage of the resolution. 

I wish to make a remark Mr. Presi- 
dent. The resolution which has been 



adopted is addressed to the Auditor, 
and I have thought since the adop- 
tion of that resolution that the Audi- 
tor may not have any bills yet sent in 
to him, and I desire to find out by 
somebody what this cost is, for I 
think we ought to know, as a Con- 
vention, if we are to control this mat- 
ter. 

Mr. KIRKPATRICK. Mr. Presi- 
dent, the expense of printing Is not 
yet ascertained, and I think it cannot 
be at this time. The gentleman will 
see that we are having printing done 
every day and hour continually. We 
have had one order adopted this 
morning to the Auditor of State 
about this matter and I should think 
that was enough. 

Mr. PARKER. Mr. President, this 
looks to me like a very simple thing 
to get at. The Secretary of State 
may request the persons doing the 
printing to make out an account up 
to the present time, and report the 
amount to the Convention. The oth- 
er resolution to the Auditor does not 
reach this. 

Mr. KIRKPATRICK. Mr. Presi- 
dent, there is another thought. We 
have a Comittee on printing that this 
report should come through. 

Mr. TOWLE. Mr. President, ever 
since the first hour after the meeting 
of this Convention, we have had res- 
olution after resolution on printing, 
all coming from one source, from one 
delegation, and for one object. This 
matter has been discussed In the 
Convention and in Committee, and I 
had hoped that a quietus had been 
placed upon it forever. Now we have 
as was suggested by the gentleman 
from Cass (Mr. Kirkpatrick) a Com- 



COST OF PRINTING 



187 



Wednesday 



HASCALL— PHILPOTT-TOWLE 



[June 28 



mittee on printing, and it is within 
the particular province and duty of 
that Committee to control this mat- 
ter, and I have confidence in their 
ability to do so; and if we wish to 
ascertain this cost we can require 
that Committee to make up a report. 
Now then Mr. President in order that 
we may be troubled no more, I will 
move that the two resolutions be 
referred to the Committee on Print- 
ing. 

The PRESIDENT. The first reso- 
lution has been adopted, so the mo- 
tion to refer can only apply to the 
last resolution. 

Mr. HASCALL. Mr. President. 
Inasmuch as this is the day for the 
bids on printing to be received, I 
think it is proper that we should have 
the information asked for by this 
resolution before the Convention. 

Mr. PHILPOTT. Mr. President, I 
think these two resolutions are pro- 
per. They have not come from 
any particular delegation, but they 
have come from a particular individ- 
ual. I assume the whole responsibil- 
ity myself for I have not consulted 
with any of the gentlemen from Lan- 
caster about this matter, and as 
much as it has been decided that 
this Convention has the whole con- 
trol of this printing matter T think 
it is eminently proper that this Con- 
vention should be informed as to the 
cost. I believe that I have not feared 
at any time to bring this matter be- 
fore this Convention, and I claim the 
right of this Convention to ask from 
oflScers of the State any information 
that will give light on this matter. 
I think that the gentleman from 
Richardson (Mr. Towle) did me an 



injustice in his remarks. I wish to 
say it is for a particular object that I 
introduced this resolution, and that 
object is to take care of the money. 
I think this resolution should prevail. 
If necessary, let it go to the Com- 
mittee on Printing, but if that Com- 
mittee fails to furnish the needed in- 
formation, let the Convention order 
it. 

Mr. ROBINSON. Mr. President, 
this resolution calls for information 
from the Secretary of State, and I 
do not think it is proper for it to 
go to the Committee on Printing and 
lie there. It does not refer to the 
future printing, but only to the print- 
ing that has already been done. 

Mr. TOWLE. Mr. President, as I 
understand it, we have certain Com- 
mittees for each special purpose. If 
I remember right a few days ago 
a resolution was adopted directing 
the Committee on Printing to adver- 
tise for five days for bids on printing 
for the Convention, and I think this 
whole thing is in the hands of that 
Committee; and when that Commit- 
tee asks or demands a statement as 
to certain figures, then I shall be in 
favor of the resolution of the gentle- 
man from Lancaster (Mr. Philpott). 
Why not ask that Committee to re- 
port to this Convention the expenses 
of printing for this Convention up to 
the present time, if that information 
is needed? 

Mr. GRAY. Mr. President, As I in- 
timated to the Convention this morn- 
ing the expenses of" the printing of 
this Convention are becoming very 
large indeed. I have as much regard 
for the rights and duties of the Com- 
mittee on printing as any member 



188 



OFFICE OF GOVERNOR 



Wednesday] 



GRAY— WOOL W.ORTH-SPRAGUE 



Of this Convention, but I take it sir, 
as this is the day bids are to be re- 
ceived and awards made, it is proper 
that we should Ivnow what has been 
the cost of the printing up to, and 
including this day. I take it, sir, 
that to refer this to the Committee 
on Printing would give us no infor- 
mation whatever. That Committee 
has no doubt attended to its duty, 
but it is no part of the duty of that 
Committee to inform the Convention 
what the cost of that printing has 
been, or may be. Bills tor this print- 
ing will not be handed the Com- 
mittee on Printing, but they will be 
presented to the Auditor to be certi- 
fied and then the Treasurer for pay- 
ment. We wish to know what that 
cost has been up to this time, and 
including this day. I hope that in- 
formation may be obtained and 
placed in the posession of the Con- 
vention. 

The motion of the gentleman from 
Richardson (Mr. Towie) was lost. 

The resolution was agreed to. 

The PRESIDENT. The question 
now recurs on the motion of the 
gentleman from Douglas (Mr. Has- 
call) to go into Committee of the 
Whole. 

The motion was agreed to. So at 
eleven o'clock the Convention went 
into Committee of the Whole with 
Mr. Myers in the Chair. 

The CHAIRMAN. The Secretary 
will read section G of the Article on 
Executive. 

The Secretary read the section as 
follows: 

GOVERNOR. 

<' G. The supreme executive power 
shall be vested in the governor, who 



shall take care that the laws be faith- 
fully executed. 

Mr. WOOLWORTH. Mr. Chairman, 
I move the adoption of the section. 

The motion was agreed to. 

The CHAIRMAN. The Secretary 
will please read Article 7. 

The Secretary read the section as 
follows: 

•J 7. The governor shall, at the 
commencement of each session, and 
at the close of his term of office, give 
to the general assembly information, 
by message, of the condition of the 
State, and shall recommend such 
measures as he shall deem expedient. 
He shall account to the general as- 
sembly, and accompany his message 
with a statement of all monies re- 
ceived and paid out by him from any 
funds subject to his order, with 
vouchers, and at the commencement 
of each regular sesion, present esti- 
mates of the amount of money re- 
quired to be raised by taxation for 
all purposes. 

Mr. SPRAGUE. Mr. Chairman, 
I move to amend by striking out the 
words "general assembly" and insert 
the word "Legislature." 

The motion was agreed to. 

Mr. ESTABROOK. I move to in- 
sert after "term of office", the fol- 
lowing "and whenever the Legisla- 
ture may require." 

The amendment was agreed to. 

Mr. WOOLWORTH. Mr. Chair- 
man, I move the adoption of this 
section as amended. 

The motion was agreed to. 

The CHAIRMAN. The Secretary 
will read section S. 

The Secretary read the section as 
follows: 

^ 8. The governor may, on extra- 
ordinary occasions, convene the gen- 
eral assembly, by proclamation, stat- 
ing therein the purposes for which 



SPECIAL LEGISLATIVE SESSIONS 



189 



Wednesday j 



ESTABROOK— WOOL WORTH 



(Ju 



they are convened: and the general 
assembly shall enter upon no busi- 
ness except that for which they were 
called together. 

Mr. ESTABROOK. Mr. Chairman, 
I move to insert, after the word 
"convened" in the fourth line, the 
following, "and no business, except 
that for which they were called to- 
gether, shall have any validity or be 
enforced". I will state that this mat- 
ter has been a stumbling block in the 
Constitution of other States, but the 
question of what shall be affected by 
the passage of the law not named in 
the proclamation calling the Legis- 
lature together has never been fully 
settled; and it is a matter of some 
difficulty to determine. I do not care 
how it is provided. It may be 
changed so that we understand dis- 
tinctly what are the powers of the 
Legislature, and it will be satisfac- 
tory to me. Now our attention here 
has been several times called to this 
difficulty. I know it was claimed 
that very many things done by the 
Legislature in these extra sessions 
had not the validity of law because 
not mentioned in the proclamation. 
If they may go on and enact any 
law they please as well in the pro- 
clamation as those not named at all, 
then say so, so that there will be no 
more question about it in the courts. 
I believe it was the intention origi- 
nally to absolutely prohibit any ac- 
tion at the hands of the Legislature 
not indicated by the proclamation 
that called them together, and this 
amendment intends to so express the 
idea, that is the intention — that we 
express it in plain and proper 
language. 



Mr. WOOLWORTH. Mr. Chairman, 
I do not like the change which it 
is proposed to make in the section. 
I prefer the language which has been 
proved by constant usage and which 
is incorporated in the section. Nor 
do I think the criticism passed upon 
the language by the gentleman from 
Douglas (Mr. Estabrook) is justified. 
As it stands the language is a great 
deal more sweeping than the lan- 
guage which it is proposed to insert 
in its stead. I prefer that the Consti- 
tution shall prohibit the Legislature 
from entering upon the consideration 
of any business but such as is named 
in the proclamation calling them to- 
gether, so that when the proposition 
shall come up in the Legislature up- 
on any subject not so named, it shall 
be met right at the threshold of the 
discussion with a prohibition. That 
is the effect of the language as it 
stands. The language which it is 
proposed to use instead will permit 
the Legislature to go on and consid- 
er; to enter upon the consideration 
of other business, and only deny val- 
idity to the business when it shall 
have been transacted. Now that I do 
not like. Does the language propos- 
ed affect anything more than the lan- 
guage used? I think not. When 
you say to a man, by an authoritative 
provision of law, "you shall not en- 
ter upon a certain course of conduct," 
do you not certainly provide that if, 
in spite of the law, he shall enter 
upon that business, that course of 
conduct, it shall still be illegal, and 
what he does shall be void? That 
is most certainly so. For instance, 
supposing you have a bill of statute 
saying that a certain contract shall 



190 



SPECIAL LEGISLATIVE SESSIONS 



Wednesday) 



ROBINSON— ESTABROOK 



[June 28 



not be made; and in violation of 
that statute a party shall go on and 
undertake to contract, and the ques- 
tion of the validity of the contract 
shall come before the court, what 
does that court instantly say? It is 
a void contract and cannot be enforc- 
ed, although the provision of the 
law should simply be that the par- 
ties should enter upon the work of 
making any such contract. And just 
so here. You say that the Legisla- 
ture shall not enter upon any other 
business than that named in the proc- 
lamation, and by doing so you effect- 
ually, and in the most positive terms, 
render nugatory any business, other 
than that named which they under- 
take. Then you have, in addition, 
the prohibition meeting the Legisla- 
ture at the very threshold saying, 
"you shall not enter upon any other 
business." The language, as it 
stands, is broader than the language 
proposed. I like it better. 

Mr. ROBINSON. Mr. Chairman, I 
hope the amendment of the gentle- 
man from Douglas (Mr. Estabrook) 
will not prevail, the object of it, as 
far as I see is simply this — the 
learned gentleman says the courts 
have not passed upon the validity of 
any law passed in defiance of 
any such provisions. I take it as true, 
I know of none such, and am very 
sure none will ever rise. It is well 
known that a Constitutional provis- 
ion of this kind acts as an indication 
of the powers of the Legislature; and 
if the Constitution provides that no 
business of a certain character shall 
be transacted. It means what it says; 
and if business is transacted, it is 
treated as no business whatever. It 



strikes me that any amendment to 
this section will only get it into a 
bungle. It says precisely what it 
means. It e.xercises a strict limita- 
tion over the Legislature, and there 
I will be no doubt, if a case should 
arise, it would soon be settled. I 
think the language is precise and 
ought to stand. 

Mr. ESTABROOK. I do not ma- 
terially differ, sir, with my colleague 
(Mr. Woolworth) and the gentleman 
from Lancaster (Mr. Robinson) as to 
what would be the legal import. 
Perhaps the court would decide in 
that way, and perhaps not. We 
have, the gentlemen will remember, 
limitations upon the powers of the 
Legislature in another clause, which 
declares that no bill should embrace 
but one subject, which shall be indi- 
cated by name, specifically. It is 
very specific that it shall be accur- 
ately named in the title. If you pass 
an act embracing two subjects, one 
of which only is embraced in the 
title, that act would be void. When 
I look at the reports upon the sub- 
ject I find they are very conflicting. 
In Ohio, where the clause was first 
inserted in the Constitution, in the 
sixth volume of Ohio reports, it is 
simply directory, and does not affect 
the validity of the law at all. 

Now, then, this is similar in its 
character, it is true. It goes on to 
state no business shall be entered 
upon except that named in the pro- 
position, and the lawyer perhaps 
might understand that whatever 
business they did transact, not nam- 
ed in the proclamation, should have 
no invalidity. But it so happens that 
many have been in this Legislature 



ADJOURNMENT OF LEGISLATURE 



191 



Wednesday] 



ESTABROOK— SPRAGUE— HASCALL 



[Ju 



28 



who were not lawyers, and it might 
not receive that construction. I know 
that in this State the pages of the 
statute books are covered with bills, 
laws and proceedings passed at this 
called session. I know the one re- 
fering to the whitewashing Com- 
mittee was, and yet it was relied on 
as a positive vindication of the Board 
of Commissioners for doing what 
they did, and it was said the State 
was bound by it. There are various 
laws in violation of this rule, and it 
never has passed under review of the 
Supreme Court that I know of. But 
on the other point it was settled in 
the sixth Ohio. These laws should 
have validity, and in order to sift the 
question. Therefore I ask, for God's 
sake, give us peace on the subject, 
and let us know how it shall be set- 
tled. If you mean to say it is invio- 
late, I am willing to let this stand 
as it is at the end. Let the gentle- 
man use his own strong language if 
you please; but let this thing be 
fixed. There is no State which has 
suffered, or is liable to suffer so 
much as we from this kind of thing. 
I only propose to have it fixed and 
inserted so that not only astute law- 
yers may understand what it means, 
but that members of the Legislature, 
coming from whatever place or capa- 
city they may. understand what is 
their duty in regard to this, distinct- 
ly. 

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

The amendment was lost. 

Mr. ESTABROOK. Mr. Chairman, 
I have another amendment, as fol- 
lows: "in case of or danger from the 



prevalence of disease at the seat of 
government, he may convene the Leg- 
islature at any other suitable place 
in the State." 

The amendment was agreed to. 

Mr. SPRAGUE. In order to make 
this section conform with those we 
have already adopted, I move to 
strike out the words "general assem- 
bly," and insert "Legislature." 

Motion agreed to and the section 
adopted as amended. 

The Secretary read section nine, as 
follows : 

^ 9. In case of a disagreement be- 
tween the two Houses with respect 
to the time of adjournment the gov- 
ernor may, on the same being certi- 
fied to him b.v the House first moving 
the adjournment, adjourn the gener- 
al assembly to such time as he thinks 
proper, not beyond the first day of 
the next general session. 

Mr. HASCALL. Mr. Chairman, I 
have an amendment I wieh to offer, 
I move to add the words: "but no 
general session of the Legislature 
shall be so adjourned by the Gover- 
nor until forty days after the com- 
mencement of the session." Mr. 
Chairman, I will say that the reason 
I introduce this is to cover an evil 
that might arise. For instance, if by 
scheming, the Governor should get 
one branch of the Legislature to 
concur with his own feelings, and if 
he should desire to get rid of the 
Legislature all that would be re- 
quired would be to get that branch 
to pass a resolution on adjournment; 
and if the other house should fail to 
pass the same there would be a dis- 
agreement as to the time of adjourn- 
ment that would authorize the Gov- 
ernor to prorogue the Legislature. 



192 



ADJOURNMENT OF LEGISLATURE 



Wednesday] 



ROBINSON— KIRKPATRICK-LAIvE 



[June 28 



Mr. ROBINSON. Mr. Chairman, I 
do not understand the section as the 
gentleman from Douglas does. This 
is only in cases of disagreement. If 
both houses adjourn, and they can- 
not agree, it is proper the Governor 
should have the power to say as to 
when they shall adjourn, and until 
such time he shall see fit, not be- 
yond the first day of the next gen- 
eral session. 

Mr. KIRKPATRICK. Mr. Chair- 
man, I have thought that this might, 
perhaps, be used against the interests 
of the State. I have always doubted 
whether it was democratic to give 
such power to the Executive of the 
State. Just prior to the adoption of 
the present Constitution of the State 
of Nebraska, I had occasion to can- 
vass the Constitution, on this parti- 
cular provision, which is similar to 
the one in the present Constitution 
on the same subject. I undertook to 
show that a dangerous use might, 
perhaps, be made of this commission. 
I would state I was opposed to the 
adoption of the present Constitution 
at the time; and was willing to make 
use of any honest argument for the 
purpose of its defeat. 

We find that the Governor could 
sli|) in and by tlie exercises of the pre- 
rogative contained in this section ad- 
journ the Legislature to a time not 
beyond the day set for the convening 
of the next Legislature. I do not 
know that I can call to mind but one 
instance when this power of adjourn- 
ing the Legislature was exercised by 
♦he Governor. This was in Illinois, 
during the late war. Governor Yates, 
of that state dissolved the Legisla- 
ture, and we were all glad at that 



time, that he had the power. 

Mr. LAKE. Mr. Chairman, I agree 
entirely with the gentleman from 
Lancaster {Mr. Robinson) there 
could be no disagreement, such as is 
contemplated here, except with re- 
spect to the time. Suppose a concur- 
rent resolution be introduced in one 
House to adjourn — suppose, for in- 
stance, the Senate passes this resolu- 
tion, and it goes to the House, and 
the House takes no action upon it 
but lets it lie upon the table, and 
refuses to act upon it, there is no 
disagreement up to that time when 
the Legislature should be adjourned. 
There can be none, p.nd it seems to 
be contemplated by t'.te section that 
there must be a disag eement with re- 
spect to the time. If, for instance, 
one House move an adjournment to 
a certain time, and the other House 
adjourns to another certain time, 
and they cannot agree upon the time 
for this adjournment, then, under the 
section, the house moving shall re- 
port that disagreement to the Gover- 
nor: then the Governor may adjourn 
the Legislature, but not beyond the 
day set for the next regular session. 
I am in favor of this section remain- 
ing just as it has been reported by 
the Committee, I think it is right. I 
think if there is a disagreement as to 
the time when the Legislature should 
adjourn that there should be a pow- 
er vested somewhere to adjourn that 
body, and I know no better place 
than the Executive. If but one 
house has fixed a time to adjourn, 
then there can be no disagree- 
ment. 

Mr. HASCALL. Mr. Chairman, 
the gentleman's position is unten- 



ADJOURNMENT OF LEGISLATURE 



193 



Wednesday] 



HASCALL-LAKE 



[June 28 



able for this reason; it is not the 
usual way to adjourn the Legislature, 
for a motion to be made in one body 
to adjourn to one time, and in the 
other body to adjourn to another 
time. It is done by concurrent reso- 
lution passed by one body and sent 
to the other. They usually have a 
standing rule that concurrent resolu- 
tions shall come up in their regular 
order, so that the resolution is reach- 
ed if there is only one, two, three, 
or four, members in favor of its pas- 
sage. Secondly, when it comes up 
in its order, and they refuse to pass 
that concurrent resolution to ad- 
journ, that is a disagreement as to 
the time for adjournment. I say 
there is a disagreement as to the 
time, because one body desires to ad- 
journ to a certain time, and the other 
is unwilling to pass a resolution fix- 
ing the time of adjournment. This 
concurrent resolution relates to a 
permanent adjournment, and not for 
a few days: because as our Consti- 
tution stands now, one branch of the 
Legislature may adjourn for a week, 
or ten days without the concurrence 
of the other branch. A permanent 
adjournment is effected in this way; 
the time is fixed at twelve o'clock of 
a certain day, and when that time 
arrives, the session terminates. This 
forty day clause was only for the 
purpose of prohibiting members from 
receiving pay for a greater length of 
time, but their acts were valid. They 
might remain in session as long as 
they pleased, but they receive no pay 
for extra time. I say that the amend- 
ment proposed here is the only safe 
one for us to adopt; that is that at a 
general session of the Legislature, 
13 



the Legislature shall remain in ses- 
sion at least forty days, unless by 
agreement of both houses, they re- 
main in session a longer time; and 
that the Governor shall not have the 
power to adjourn the Legislature in 
less than this length of time. I think 
it was a valid objection to the Con- 
stitution raised by the gentleman 
from Cass (Mr. Kirkpatrick). 

Mr. LAKE. Mr. President, I 
think the position taken by my col- 
league (Mr. Hascall) is untenable. 
The proposition, as he laid it down, 
that only one house can move to ad- 
journ — 

Mr. HASCALL. Mr. Chairman, I 
wish to correct the gentleman, I in- 
tended to say — 

The CHAIRMAN. The gentleman 
from Douglas (Mr. Hascall) must not 
interrupt the speaker. 

Mr. LAKE. I cannot say what the 
gentleman intended to state, I am 
only repeating what he did state — 
that but one resolution could be in- 
troduced, and that that was the usual 
way. I say, Mr. Chairman, it is usual 
for a resolution to adjourn to be in- 
troduced in either branch of the Leg- 
islature. It is not an uncommon 
thing for the joint resolution to be 
introduced in the Senate, and sent to 
the House, and that one body will 
fix one time, and the other another. 
When this is the case and the two 
branches cannot agree upon the time 
for adjournment, I think it is highly 
proper there should be a power vest- 
ed somewhere to settle between them. 
Another point, the gentleman made; 
I understand him to say that it is 
usual for one House to adjourn for a 
certain number of days without the 



194 



ADJOURNMENT OF LEGISLATURE 



Wednesday 



HASCALL-SPRAGUE-KERKPATRICK 



[June 



consent of the other. Now it is aot 
intended by this Section to abridge 
that right at all. That will be pro- 
vided for in the article on "Legis- 
lative." This is simply providing 
for the powers which the Executive 
shall exercise in a certain contingen- 
cy. It did not intend to provide that 
neither House of the Legislature 
shall not adjourn without a concur- 
rence from the other House. This 
section is not intended, at all, as a 
limit upon any right of the Legis- 
lature; it is only when the two 
Houses shall disagree as to when the 
Legislature shall adjourn, and not 
as to when either shall adjourn. 

Mr. HASCALL. Mr. Chairman I 
protest against the gentleman 
changing a thing which I said 
in reference to a temporary 
adjournment, to a permanent. 
I attempted to show him that ad- 
journments were made by a concur- 
rent resolution, and that may be 
introduced in either House of the 
Legislature, or the same resolution 
may be introduced in both houses at 
the same time. I do not believe the 
gentleman is so dull that he cannot 
understand, but he has not been in 
the Legislature for some time per- 
haps, and he spoke without due con- 
sideration. It is necessary to have 
this added to this section in order 
that this extraordinary power may 
not be used to the detriment of the 
State. 

Mr. SPRAGUE. Mr. Chairman, 
Being opposed to this amendment I 
wish to illustrate my position. Now, 
sir, we will suppose that the Legisla- 
ture meets, and in the first five days 
performs all the business before them 



and there is one question only be- 
tween them, and that is a disagree- 
ment about the time to which they 
shall adjourn. Now, if the gentle- 
man's amendment is passed they are 
to be kept here forty days before the 
Governor can have the authority to 
adjourn them. It strikes me that in 
such a case there should be some 
power to decide that question, and 
I think the Committee has placed 
the power here in the proper person; 
hence I am not in favor of the amend- 
ment. 

Mr. KIRKPATRICK. Mr. Chair- 
man: This question resolves itself 
first into this — Whether the Leg- 
islature shall have the power to ad- 
journ, or whether it shall be exer- 
cised by the Executive. The gen- 
tleman seems to think that unless 
the Governor has the power lo ad- 
journ the Legislature, that they will 
have to remain here for forty days. 
Now, sir, I for one am not willing 
to trust this power to adjourn in 
the hands of our representatives. If 
it is put into the hands of the Gover- 
nor it may be used against the in- 

i terests of the State. 

If the gentlemen will read the Con- 
gressional Globe they will find where 
the House of Representatives have 
been held together by the Senate 
and had to adjourn from day to day 
without a quorum, the Senate imag- 
ining that they had important busi- 
ness. By examination I found that 
the President had power and should 
have adjourned the Congress. I am 
satisfied to leave this power regard- 

I ing the setting and adjournments of 
the Legislature to the Legislature 

I themselves and I am willing to fix 



ADJOURNMENT OF LEGISLATURE 



195 



Wednesday 1 



TOWLE-ESTABROOK 



[Ju 



a Constitutional limit and then leave 
it to them. 

Mr. TOWLE. Mr. Chairman: The 
amendment made by the gentleman 
from Douglas (Mr. Hascall) if I un- 
derstand it right, is this, that al- 
though the two houses of the Legis- 
lature disagree as to the time of ad- 
journment, yet the Governor cannot 
prorogue the Legislature until they 
have sat for forty days. It is proba- 
ble, or quite certain, that we shall 
have a session of the Legislature 
each year hereafter, and there may 
be instances when the business might 
be done in ten days, or even in two 
or three days; and then, if a disa- 
greement is gotten up, they must 
remain here until the end of the 
forty days before the Governor can 
exercise the proroguing power. 

For that reason, I am opposed to 
the amendment. And then again, 
the gentleman says the Governor 
might induce one of these houses to 
disagree to any time of adjournment, 
so that he may adjourn the Legis- 
lature and gain his own interests. 
If he has the power to do that he 
has the power to break down any 
law before it becomes valid. 

Mr. ESTABROOK. Mr. Chairman, 
we see in this question what we 
have seen in others and suggested 
that instead of employing some apt 
words we have followed precedents. 
Let me refer to things which are oc- 
curing in our own history as a State. 
The probability is that in many old 
states this question has not, and 
never will be raised. But it seems 
to me that this State is making 
history and with our rapid progress 
many things may happen that never 



will occur in an older state. It seema 
strange to me that this young State, 
a real Young America, should be 
bound to follow the precedents of the 
old states in the frame of our Consti- 
tution. Let us examine and dis 
cover the reasons they have had 
in the use of those words and 
then employ apt words, so that plain 
men, as well as men of letters, may 
understand the duties which they are 
expected to perform. 

I wish the committee that reported 
this article would employ such apt 
words, so that there could be no 
doubt as to what they meant. I 
will state that I understand that this 
question cannot arise when one body 
says it wishes to adjourn and the 
the other do not want to adjourn at 
all. It is only when both houses wish 
to adjourn that this exigency can 
arise. I believe it to be my duty 
and I propose to vote to devise a Con- 
stitution for Nebraska, and not adopt 
the Constitution of Illinois, or any 
other state. I have a little spirit, 
if I have seen many years, of the 
Young America in me. 

During the late impeachment trial 
there was one branch of this Legis- 
lature, the one that occupied the 
room where we sit to-day, that want- 
ed to adjourn but the other branch 
did not want to adjourn and conse- 
quently they were kept here with 
nothing to do until it was a notor- 
ious fact that there was not a quo- 
rum in the house and they did not 
dare to call the house. Under this 
state of facts how could this body 
pass a concurrent resolution? It 
could not be done with less than a 
quorum and if so, the body would be 



196 



ADJOURNMENT OF LEGISLATURE 



Wednesday] 



WOOLWORTH-HASCALL 



[June 28 



perpetuated forever if there was no 
proroguing power. I hope this I 
thing will be perfected all the way 
through. I do not exactly -approve ' 
of all this. It has some method In I 
it. I would say 20 days. When that 
body refuses to agree in regard to j 
time we must believe there is some 
ground for it and when this thing j 
has been vibrating between two bod- 
ies, and they fail to agree then leave 
the power to the Executive to settle. 
The idea that if at the expiration of 
five days, both parties agreed they 
had performed their duties that it 
would require Executive interference 
is absurd. The only question is 
when they will adjourn if they have 
got through their business. I shall 
vote for this as it is, because it is 
better as it now stands, and if you 
shorten to twenty days I would still 
prefer it. 

Mr. HASCALL. I accept the 
amendment of 2 days instead of 
40. 

Mr. WOOLWORTH. Mr. Chair- 
man, I desire to make one remark, 
I am very sorry to be obliged again 
to differ with my friend from Doug- 
las (Mr. Estabrook) with respect to 
this language and with respect to the 
other language used in this Article. 
Now, sir, language is used for the 
purpose of conveying ideas, and if 
that language is plain it is just as 
easily understood by what he calls 
a common man as by an astute law- 
yer. And the language used in this 
Article, to every man that will read 
it with attention, will be just as clear 
and perspicuous as any language that 
could be employed. Now, sir. I will 
not vote for the adoption of any lan- 



guage because I find it is in the Con- 
stitution of an older State, or young- 
er State. The language I find proved 
by usage, extending from the numer- 
ous constitutions all along down to 
the present time, does commend it- 
self to me; it commends itself to the 
consideration of every man; because 
it has had the approval of a great 
many other men; and the very fact 
of its constant usage, the very fact 
that it has been employed all along 
is the approval of that language. And 
this language, finding itself placed 
first, perhaps, in the Federal Consti- 
tution, has been adopted, not only in 
Connecticut, where my friend, I pre- 
sume, did not come from, but also in 
the Constitution of almost all the 
states in the Union. Now is there 
any obscurity in the language? 
What does it say? You would infer 
from the speech of the gentleman 
that there was obscurity here in re- 
spect to the manner in which there 
is a disagreement between the two 
houses. If there be, then correct the 
obscurity by all means; but 'is there 
any obscurity? No, gentlemen. It 
is perfectly plain. It is written here 
so that what he calls a plain man 
may understand it. Now, sir, I do 
not think you are to better this Arti- 
cle, couched in this clear and unmis- 
takable language, by adopting some 
phraseology that happens to suggest 
Itself to any gentleman attending 
here and considering it for the first 
time. I do not think you are to bet- 
ter this language that has met the 
approval of a great many other 
bodies like this before, by any ad- 
ditional or other phraseology. I 
think you have got here exactly the 



ADJOURNMENT OF LEGISLATURE 



197 



Wednesday] 



WOOL WORTH-MYERS— STEWART 



(June 28 



language that- expressed the idea. 
Is the idea wrong upon that matter? 
While the gentleman here (Mr. Esta- 
brook) is discussing language my 
colleague on the other side of the 
house (Mr. Hascall) is discussing a 
principle. Now, turning from the 
language and the general considera- 
tion that should govern us in adopt- 
ing language to express our ideas, 
what is it we desire to express in this 
Constitution and what is it desired 
on the other side of this hall to ex- 
press? Let us see what the phrase, 
with the provision as it is proposed 
by the Committee is. "That when 
the two houses shall disagree in re- 
spect to the time of adjournment," 
nothing else. They have agreed, and 
my friend upon the left (Mr. Esta- 
brook) says that the two houses have 
agreed that they will adjourn, but 
they disagree as to the time of ad- 
journment. Then if that be so, what 
my friend upon the other side (Mr. 
Hascall) said in his opening speech 
upon this subject goes for naught. 
There cannot be such an exigency as 
he supposes, where two houses are 
assembled and organized, one of 
them desires to adjourn and the other 
does not. They must have advanced 
far enough in the transaction of their 
business and the consideration of the 
subjects called together to have 
agreed between themselves that they 
will adjourn; and the difficulty is 
only as to the time. I say, as my 
friend from Douglas ( Mr. Lake) 
says, that they have reached that 
time, and agreed that they must ad- 
journ, and only disagree upon the 
matter of time. There should be 
some party, some power, outside of 



this, to fix that point of time, the only 
point upon which they disagree; and 
what power is more fit to exercise it 
than the Executive? The language 
here is apt to express precisely the 
idea which it is sought to express, 
and the idea is correct that upon that 
subject, there shall be somebody out- 
side of the two houses who shall fix 
the time without waiting ten, twenty 
or forty days or any other specific 
period of time. 

Mr. STEWART. I move that the 
Committee rise, report progress and 
ask leave to sit again. 

The motion was agreed to. 

Mr. MYERS. Mr. President. The 
Committee of the Whole have had 
under consideration the Article en- 
titled Executive, and have instructed 
their Chairman to report progress 
and ask leave to sit again. 

Mr. STEWART. I move we ad- 
journ. 

Mr. WOOLWORTH. Before ad- 
journment is put I desire to ask leave 
of absence until to-morrow noon. 
Something has been said here from 
time to time in regard to my personal 
absence from this body. I do not 
think there is any gentleman in this 
house, who, from first to last has dis- 
charged his duty more faithfully 
than myself. My Committees have re- 
ported and discharged all they have 
to do. The reason I wish to leave Is, 
I desire, this evening to go to school 
where my son is. A ceremony is to 
take place in which I am very deep- 
ly personally interested. 

The PRESIDENT. I have never 
heard a word about your absence. 

Mr. WAKELEY. I also ask leave 
of absence until to-morrow noon. 



198 



LEAVE OF ABSENCE— PRAYER 



Thursday] 



McCANN-HASCALL— NEWSOM —LAKE 



[June 29 



Leave was granted NEM. CON. 

Mr. McCANN. Mr. President, I 
move that the special order for two 
o'clock be the consideration of the re- 
port of the Committee on Legislative. 

Mr. HASCALL. I hope that mo- 
tion will not prevail. We have 
taken up an Article and ought to 
finish it; this switching off from one 
Article to another will certainly re- 
tard our business. We have now pro- 
ceeded with the Executive Article, 
and it is proper that we should con- 
tinue and finish it. And if we give 
any other preference it should be the 
Bill of Rights, as that was the first 
reported. 

Mr. McCANN. Then take up that 
report. 

Mr. WOOLWORTH. I desire to 
say. in reference to my own absence, 
I have no earthly objection to the 
consideration of this Article during 
my absence. So far as I am con- 
cerned, I am not particular as to this 
Article or any other, I doubt whether 
I should make the application to be 
excused and only did it after It 
seemed to a good many gentlemen 
who knew of my circumstances, that 
that it was very proper that I should 
do so. 

Mr. NEWSOM. I believe the mo- 
tion of my colleague (Mr. McCann) 
was to take up the Article on Bill of 
Rights, in case we do not proceed 
with the executive. Judge Mason is 
away, and I am not in favor of tak- 
ing up any Article when the chair- 
man is away. He is the man who has 
done the work. 

Mr. LAKE. I would prefer that 
the chairman of the Executive Com- 
mittee should be present during the 



consideration of the remaining sec- 
tions of the article. In as much as 
we have plenty of work to do other 
than that it would be just to him to 
defer it. I shall object to taking up 
and proceeding further with that ar- 
ticle until his return. He is to re- 
turn by to-morrow noon. 

Mr. GRENELL. There is undoubt- 
edly work enough to do in the vari- 
ous committees. I therefore move 
to amend the motion to adjourn to 
to-morrow morning at ten o'clock. 

The Convention divided and the 
motion was agreed to. 



FOURTEENTH DAY. 
Thursday, June 29th, 1871. 
The Convention was called to or- 
der at 10 o'clock by the President. 

Prayer. 

Prayer was offered by the Chaplain 
as follows: 

Almighty. Everlasting. Holy One. 
Defend us now and at all times, we 
pray. Defend us from an evil world 
and evil self. All the years of our 
lives, may we fear the Lord our God. 
May we fear and love the Lord our 
God evermore. Amen. 

Mr. SPRAGUE. Mr. President, I 
ask leave of absence for Mr. Parker. 

Leave granted. 

Reading of the Journal. 

The Journal of yesterday was read 
and approved. 

Conimunicatioiis and Presentation of 
Petitions. 

Mr. PHILPOTT. Mr. President, I 
have a memorial from the Grand 
Lodge of Good Templars of this 
State. 



GOOD TEMPLAR'S PETITION 



199 



Thursday] 



PHILPOTT-VIFQUAIN-MASON 



[June 29 



The Secretary read the memorial 
as follows: 

Memorial of the Grand Lodge of 
Nebraska, I. 0. G. T. 

To the Honorable the Constitu- 
tional Convention of the State of Ne- 
braska, now assembled in the City of 
Lincoln, Nebraska. 

WHEREAS: the use of intoxicat- 
ing liquors as a beverage can be of 
no possible benefit to mankind, and 
has already inflicted untold misery, 
degredation and crime, thereon: and: 

WHERE'AS: The sale of said 
liquors as a beverage is detrimental 
to the efficient civil government of 
the state of Nebraska; and 

WHEREAS: The prohibition of 
the sale of said liquors as a beverage 
is a measure of true political econo- 
my: and 

WHEREAS: A large portion of 
the citizens of the state of Nebraska, 
desire to have the sale of said liquors 
prohibited in their respective portions 
of said state, now therefore, we the 
Grand Lodge of Nebraska, I. 0. G. T., 
most earnestly petition your Honor- 
able body to incorporate in the new 
Constitution of the State of Nebraska, 
a provision providing that a majority 
of the legal voters in each county, 
shall have the power by vote, with- 
in their respective counties, to re- 
strict and prohibit the sale of intoxi- 
cating liquors as a beverage. 

And we in duty bound will ever 
pray, etc. 

Mr. PHILPOTT. Mr. President, I 
move that the memorial be referred 
to a special committee of five. 

Mr. MANDERSON. Mr. President, 
I move to amend by referring it to 
the Miscellaneous Committee. 

The amendment was lost. 

Mr. VIPQUAIN. Mr. President, I 
move to amend by referring to the 
Committee on Military Affairs. 

Mr. MASON. Mr. President, I 
hope this communication, coming 



from a very respectable class of citi- 
zens, will be treated with that cour- 
tesy it deserves. The gentleman pre- 
senting this memorial, which doubt- 
less represents, to a considerable ex- 
tent, the temperance element of this 
State, moves that the communication 
be referred to a special committee. 
There are facts stated in this com- 
munication which, upon investiga- 
tion, can be proved. While it may 
not meet my own views to incorpor- 
ate the provisions asked ^or, in the 
Constitution, yet it seems to me it 
is not treating our fellow citizens — 
the Good Templars' organization, 
which has already accomplished 
much good, and done very much for 
the amelioration and betterment of 
the condition of our fellow men — 
with proper consideration. It seems 
to me that to refer this communica- 
tion to the Committee on Military 
Affairs is not treating it with that 
respect these gentlemen have a right 
to receive at the hands of this Con- 
vention. And for these reasons, Mr. 
Chairman, the resolution urged by 
the gentleman presenting the memo- 
rial should receive the approbation 
of the Convention, and that it may be 
committed to the care of its friends. 
These gentlemen who memorialize 
this Convention are only exercising a 
natural right, an inherent right, and 
its exercise should be treated with 
the courteous respect that the ser- 
vant should exercise towards its mas- 
ter. For these gentlemen are thus 
constituted, to a very considerable 
extent, the master element in the 
progress of this State. For these 
reasons Mr. President, I hope the 
motion to commit to the Committee 



200 



GOOD TEMPLAR'S PETITION 



ESTA BROOK— MANDERSON-KIKKPATRICK 



[June 29 



on Military Affairs will not prevail, 
and that the motion to." a special 
committee moved ny the gentleman 
from Lancaster (Mr. Philpott) will 
prevail. 

Mr. ESTABROOK. I am favor- 
able to the memorial, and it seems to 
me we have a committee to cover 
the whole ground. I think the Legis- 
lative Committee is the right one. 

Mr. MASON. Has that Committee 
reported? 

The PRESIDENT. Yes. 

Mr. ESTABROOK. Well, the sub- 
ject matter should be in their care. 

Mr. MASON. I suppose the gen- 
tleman from Lancaster (Mr. Philpott) 
has the special keeping of this com- 
munication, and for that reason he 
may have some reason for having 
this' report from the standing com- 
mittee. I think it will be better to 
commit to the special committee as 
he desires. 

Mr. MANDERSON. Mr. President, 
I would suggest that the committee 
on Miscellaneous Subjects has on its 
list the name of the gentleman from 
Lancaster (Mr. Philpott.) It seems 
to me any one of the committees is 
able to consider this question, and 
we should not multiply committees 
when it is unnecessary. 

Mr. ABBOTT. Mr. President, As 
this refers to county government, I 
move it be referred to the Committee 
on Counties. It seems to me that is 
the proper place for it. 

The PRESIDENT. It is out of 
order, but I will entertain it. The 
question is on the motion to refer to 
the Military Committee. 

Motion not agreed to. 

Mr. MASON. Mr. President, I 



move to refer to the Miscellaneous 
Committee. 

Mr. PHILPOTT. I withdraw my 
motion to refer to a special com 
mittee. The reason I did not move 
to refer to the Miscellaneous Com- 
mittee is that I introduced a resolu- 
tion a few days ago and it was refer- 
red to that committee; and it has 
had nothing done with it. 

Mr. KIRKPATRICK. I hope the 
gentleman will not withdraw his mo- 
tion for a special committee. 

Mr ABBOTT. I withdraw my 
motion. 

Mr. MANDERSON. I withdraw 
my motion to refer to the Miscellane- 
ous Committee. 

Mr. KIRKPATRICK. Mr. Chair- 
man, I did not distinctly hear the 
resolution, or proposition or what- 
ever it is, but I think it is a memo- 
rial from the Grand Lodge of Good 
Templars of the State of Nebraska, 
asking this Convention to make a cer- 
tain provision in our proposed Consti- 
tution. I have only to say that it has 
been the custom in Legislative bod- 
ies to refer measures of this kind to 
the friends of that measure, and not 
to its enemies. I think it would be 
proper that the usual course be taken 
in this case. 

I hope the gentleman's motion will 
prevail, and that this matter will be 
referred to a select committee. 

Mr. STEVENSON. Mr. President, 
I believe I am Chairman of the Com- 
mittee on Miscellaneous Subjects. I 
have not seen fit to call that Com- 
mittee as yet, I thought, as the con- 
vention advanced further that there 
would be something more to go to 
that Committee. I would say, that 



STATE AND MUNICIPAL DEBT 



201 



Thursday] 



PHILPOTT-McCANN-KIRKPA TRICK 



[June 39 



when the Committee meets, this ques- 
tion of liquor traffic will receive due 
consideration, and if the Committee 
see fit, they will introduce a plank, 
prohibiting the sale of intoxicating 
liquors. 

The PRESIDENT. The question 
is upon the motion to commit to a 
special committee. 

Mr. PHILPOTT. Mr. President, I 
call for the ayes and noes. 

The Secretary proceeded to call 
the roll. 

The result was then announced — 
yeas 35; nays 11- — as follows: 
YEAS — 3 5. 



Abbott, 

Ballard, 

Campbell, 

Cassell, 

Curtis. 

Gibbs, 

Granger, 

Grenell, 

Gray, 

Griggs, 

Hascall, 

Hinnian, 

Kenaston, 

Kilburn, 

Kirkpatrick, 

Lake, 

Lyon, 

Mason, 



Myers, 

Moore, 

Majors, 

McCann, 

Xeligh, 

Newsom, 

Philpott, 

Price, 

Reynolds, 

Robinson, 

Scofield, 

Shaff, 

Sprague, 

Stewart, 

Thummel, 

Thomas. 

Weaver, 



NAYS — 11. 

Stevenson, 

Tisdel. 

Towle, 

Vifquain, 

Wilson. 



Boyd, 

Eaton, 

Estabrook, 

Ley, 

Manderson, 

Speice, 

ABSENT 
Maxwell, 
Parchen, 
Parker, 

Mr. McCANN. Mr. President, your 
Committee on Revenue and Finance 
beg leave to submit their report and 



OR NOT VOTING. 
Wakeley, 
Woolworth, 
Mr. President, 



ask the adoption of the accompanying 
resolution, and I move that the rules 
be suspended, the bill read a first and 
second time by its title, and one 
hundred copies ordered printed. 

The PRESIDENT. The rules will 
be suspended if there is no objection. 

The Secretary read the bill by title. 

The PRESIDENT. First reading 
of the bill. 

The Secretary again read the bill 
by title. 

The PRESIDENT. The second 
reading of the bill. The rule of the 
House is unless some gentleman ob- 
jects, that 100 copies be printed. 

Mr. KIRKPATRICK. Mr. Presi- 
dent, I would like to present a report 
and would like to read it myself. 

The gentleman read as follows: 

Report of the Committee on State, 
Comity and Jlunicipal Indebted- 
ness. 

Mr. President: 

Your Committee on State, County 
and Municipal Indebtedness respect- 
fully offer the following report: 

That they have under considera- 
tion the subject of proper provisions 
to be incorporated in the Constitution 
In relation thereto, and have agreed 
upon the following Article. 

1J 1. The credit of the State shall 
not in any manner be given or loaned 
to or in aid of any individual, asso- 
'^iation or corporation whatever; nor 
shall the State ever hereafter become 
a joint owner or stockholder in any 
company in the State, or elsewhere, 
formed for any purpose whatever; 
nor shall the State ever assume the 
debts of any county, city or town or 
other municipality, or of any private 
corporation whatever, unless such 
debt shall have been created to 
repel invasion, suppress insurrection 
or defend the State in war. 

r 2. The State may contract debts 



202 



STATE AND MUNICIPAL DEBT 



Thursday] 



KIRKPATRICK-GRAY-CAMPBELL 



[June •» 



to supply casual deficits or failures 
of revenue, or to meet expenses not 
otherwise provided for; but the ag- 
gregate amount of such debts, direct 
and contingent, whether created by 
one or more acts of the Legislature, 
or at different periods of time, shall 
never at any one time exceed the sum 
of two hundred and fifty thousand 
dollars, and the monies arising from 
the creation of such debts shall be 
applied to the purpose for which it 
was obtained, or to repay the debts 
so contracted, and to no other pur- 
pose whatever. 

1 3. In addition to the above lim- 
ited power, the State may contract 
debts to repel invasion, suppress in- 
surrection, defend the State in war, 
or to redeem or pay the present un- 
paid debts of the State; but the 
money arising from the contracting 
of such debts shall be applied to the 
purpose for which it was raised, or 
to repay such debts, and to no other 
purpose whatever. 

f\ 4. After the adoption of this 
Constitution no county, city, town, 
municipality or political corporation 
shall ever be allowed to become in- 
debted in any manner, or for any pur- 
pose, to an amount in the aggregate 
exceeding at any one time five per 
centum on the value of the taxable 
property within said county, city, 
town, municipality or political cor- 
poration, to be ascertained by the 
last assessment or taxable list of 
property made under the laws of the 
State next preceding the incurring 
of such indebtedness. 

All of which is respectfully sub- 
mitted. 

S. M. KIRKPATRICK, 

Chairman. 

Mr. KIRKPATRICK. I move that 
the rules be suspended, the bill be 
read a first and second time by title 
and 100 copies ordered printed. 

Mr. ESTABROOK. Mr.President. 
I move to amend by making it 150 
copies, after talking with a printer. 



I find that the extra cost will not be 
more than $2.00. 

Mr. GRAY. Mr. President, I 
would like to inquire of the chairman 
of the Committee which has just re- 
ported, whether a resolution intro- 
duced by me and substantially con- 
taining an article prohibiting dona- 
tions to Railroads has been return- 
ed by that Committee. 

Mr. KIRKPATRICK. Mr. Presi- 
dent, I willstate for the information 
of the gentleman, that there is in the 
possession of this Committee, several 
resolutions, etc., embracing and cov- 
ering certain subjects, and I will 
state that the Committee is not ready 
to report upon these subjects just 
now, and the Committee have agreed 
to ask leave to make another report, 
and will then report back the resolu- 
tion the gentleman refers to, and 
other matters also. 

The PRESIDENT. No objection 
being made the Article will be read 
the first and second time by its title. 

Mr. ESTABROOK. I move that 
150 copies be ordered printed. 

The n^otion was agreed to. 

Mr. CAMPBELL. Mr. President, 
As Chairman of the Committee on 
Printing I have learned that it will 
only cost about 30 cents additional 
for each page, and therefore, I would 
move that there be 150 copies, of the 
reports of the Committees on Finance 
printed. 

The motion was agreed to. 

Mr. THUMMEL. Mr. President, 
your Committee on Public Accounts 
and Expenditures, beg leave to sub- 
mit the following report. I move 
that it be read the first time at 
length, the second time by its title. 



STATE CAPITOL— PRINTING 



203 



Thursday] 



THDMM EL— CAMPBELL 



[Ju 



and ordered printed. 

The secretary read the report as 
follows: 

Report of the Committee on Public 
Accounts and Expenditures. 

Mr. President: 

Your Committee on Public Ac- 
counts and Expenditure beg leave to 
report the following section, and 
would respectfully recommend that 
the same be adopted by the Conven- 
tion. 

GEORGE H. THUMMEL. 
Chairman. 

The Legislature shall not appro- 
priate out of the State Treasury, or 
expend on account of the capitol 
grounds and construction, completion 
and finishing of the State house, a 
sum exceeding in the aggregate two 
millions of dollars ($2,000,000), 
without first submitting the propo- 
sition for an additional expenditure, 
to the legal voters of the state at a 
general election; nor unless a ma- 
jority of all the votes cast at such 
election shall be for the proposed ad- 
ditional expenditure. 

Mr. CAMPBELL. I move that 150 
copies be ordered printed. 

The motion was agreed to. 

Mr. CAMPBELL. Mr. President, 
your Committee on Printing and 
Binding beg leave to submit a re- 
port. 

The Secretary read the report as 
follows: 

Report of Committee on Printing and 
Binding. 

Mr. President. The Committee on 
Printing to whom was referred the 
resolution, instructing the Committee 
to advertise for bids on incidental 
printing, would respectfully report 
that they have performed that duty. 
and have received and opened bids 
from the firms of Randall & 
Smails, Gere & Brownlee, and 
find that Randall & Smails 



bid for "Bill printing, bill form 
composition per 1000 "ems", 70 cents 
Plat cap paper per quire 30 cents 
Press work, per quire 8 cents, was 
the lowest bid for that character of 
printing, and the Committee entered 
into a contract with said firm for the 
incidental printing of the same. 

The Committee further find, that 
the bids of Gere &, Brownlee for all 
printing other than bills per 1000 
ems. 

Composition 74 

Per quire press work 07 

Per quire Flat Cap 29 

Per quire Flat Letter 2 5 

Per quire Book Paper CO 

Per 1000 ems rule and figure 

work 1.11 

was the lowest bid for this class of 
work and have entered into contract 
with said firm for the incidental 
printing of the same. The Commit- 
tee would respectfully submit the fol- 
lowing resolution: 

RESOLVED: That the Secretary 
of State be required to furnish the in- 
cidental printing under the contract 
made and submitted by the Commit- 
tee. 

Mr. CAMPBELL. Mr. President, I 
move the adoption of the resolution. 

The motion was agreed to. 

The PRESIDENT. The select 
Committee of five to whom was re- 
ferred this memorial will consist of 
Messrs. Philpott, Mason, McCann, 
Gray and Lyon. 

Mr. ESTABROOK. Mr. President, 
What is the order of business. 

The PRESIDENT. We are under 
the 4th order "Reports of Standing 
Committees." We will now pass from 
that to Reports from Select Commit- 
tees. 

Mr. ESTABROOK. Mr. President, 
if there is nothing under that order, 
I move that the rules be suspended 
and that the Convention do now re- 



204 



BILL OF RIGHTS 



Thursday] 



MASON-ESTABROOK— NE WSOM 



solve itself into the Committee of the 
Whole on the report of the Commit- 
tee on Bill of Rights. 

The motion was agreed to. 

So the Convention went into Com- 
mittee of the Whole, Mr. Griggs in 
the Chair, on the report of the Com- 
mittee on Bill of Rights. 

The CHAIRMAN. The Secretary 
will read the report. 

The Secretary commenced to read 
and was interrupted. 

Mr. MASON. Mr. Chairman, I 
move that this Committee now con- 
sider this bill section by section. 

Mr. ESTABROOK. Let me sug- 
gest to the gentleman that this bill 
has not yet been read to the Con- 
vention. It is here under the sus- 
pension of the rules and I think it 
ought to be read once at least, for 
information. 

Mr. MASON. If that is the case, 
I will withdraw my motion. 

Mr. ROBINSON. I move to dis- 
pense with the reading of the report. 

Mr. NEWSOM. I rise to a point 
of order. The motion is to dispense 
with the reading. I call for the en- 
forcement of the rule that proposi- 
tions submitted to Committee of the 
Whole shall be first read through by 
the Secretary. 

Mr. ESTABROOK. There can be 
no suspension of rule in Commit- 
tee of the Whole. 

The CHAIRMAN. The Chair will 
so decide. 

The Secretary read the Article as 
follows: 

Report of The Committee on Bill 
of Rights. 

Mr. President: 

Your Committee on "Bill of 



Rights" report the following pream- 
ble and article 1 of the proposed Con- 
stitution and would respectfully re- 
commend that the same be adopted 
by the Convention. 

O. P. MASON, 
Chairman Committee Bill of Rights. 

The Constitution of the State of Ne- 
braska. 

PREAMBLE. 
We, the people of the State of Ne- 
braska — grateful to Almighty God 
for the civil, political and religious 
liberty which He hath so long permit- 
ted us to enjoy, and looking to him 
tor a blessing upon our endeavors 
to secure and transmit the same un- 
impaired to succeeding generations 
— in order to form a more perfect 
government, establish justice, insure 
domestic tranquility, provide for the 
common defense, promote the general 
welfare, and secure the blessings of 
liberty to ourselves and posterity, 
do ordain and establish this Consti- 
tution for the State of Nebraska. 

ARTICLE 1. 
BILL OF RIGHTS. 

T 1. All men are by nature free 
aud independent, and have certain in- 
herent and inalienable rights— among 
these are life, liberty and the pursuit 
of happiness. To secure these rights 
and the protection of property, gov- 
ernments are instituted among men, 
deriving their just power from the 
consent of the governed. 

^ 2. No person shall be deprived 
of life, liberty or property without 
due process of law. 

^ 3. The free exercise and enjoy- 
ment of religious profession and wor- 
ship, without discrimination, shall 
forever be guaranteed; and no per- 
son shall be denied any civil or po- 
litical right, privilege or capacity on 
account of his religious opinions; 
but the liberty of conscience hereb.v 
secured shall not be constructed to 
dispense with oaths or affirmations, 
excuse acts of licentiousness, or jus- 
tify practices inconsistent with the 



BILL OF RIGHTS 



205 



Thursday 1 



[June 29 



peace or safety of the State. No per- 
son shall be required to attend or 
support any ministry or place of wor- 
ship, nor shall any preference be 
given by law to any religious denomi- 
nation or mode of worship. 

f\ 4. Every person may freely 
speak, write and publish on all sub- 
jects, being responsible for the abuse 
of that liberty, and in all trials for 
libel, both civil and criminal, the 
truth, when published with good mo- 
tives and for justifiable ends, shall 
be sufficient defense. 

*|5. The right of trial by jury as 
heretofore enjoyed, shall remain in- 
violate; but the trial of civil cases 
before justices of the peace by a Jury 
of less than twelve men, may be au- 
thorized by law. 

<T 6. The right of the people to be 
secure in their persons, houses, pa- 
pers and effects, against unreasonable 
searches and seizures, shall not be 
violated, and no warrant shall issue 
without probable cause, supported by 
affidavit, particularly describing the 
place to be searched and the persons 
or things to be seized. 

^7. All persons shall be bailable 
by sufficient securities, except for 
treason and murder, where the proof 
is evident or the presumption 
great; and the privilege of the writ 
of habeas corpus shall not be sus- 
pended, unless when in case of re- 
bellion or invasion, the public safety 
may require it. 

♦TS. No person shall be held to 
answer for a criminal offense, unless 
on an indictment of a grand jury, 
except in cases in which the punish- 
ment is by fine, or imprisonment 
otherwise than in the penitentiary, 
in cases of impeachment, and in cases 
arising in the army and navy, or in 
the militia when in actual service 
in time of war or public danger. 

<T9. In all criminal prosecutions 
the accused shall have the right to 
appear and defend in person and by 
counsel; to demand the nature and 
cause of the accusation, and to have 



a copy thereof; to meet the witnesses 
face to face, and to have process to 
compel the attendance of witnesses 
in his behalf, and a speedy public 
trial by an impartial jury of the 
county or district in which the of- 
fence is alleged to have been com- 
mitted. 

^10. No person shall be compell- 
ed in any criminal case to give evi- 
dence against himself, or be twice 
put in jeopardy for the same offence. 

«yll. All penalties shall be pro- 
portioned to the nature of the of- 
fence; and no conviction shall work 
corruption of blood or forfeiture of 
estate; nor shall any person be trans- 
ported out of the state for any of- 
fence committed within the same, 
nor shall cruel and unusual punish- 
ment be inflicted. 

^12. No person shall be imprison- 
ed for debt, arising out of, or found- 
ed on a contract express or implied, 
except in cases where there is strong 
presumption of fraud. 

♦|13. Private property shall not 
be taken or damaged for public use 
without just compensation. Such 
compensation when not made by the 
state shall be ascertained by a jury 
as shall be prescribed by law. The 
fee of land taken for railroad tracks, 
without consent of the owners there- 
of, shall remain in such owners, sub- 
ject to the use for which it was taken. 

1J14. No ex post facto law, or law 
impairing the obligation of contracts, 
or making any irrevocable grant of 
special privileges or immunities, shall 
be passed. 

^15. The military shall be in strict 
subordination to the civil power. 

«ylC. No soldier shall in time of 
peace be quartered in any house with- 
out the consent of the owner; nor in 
time of war except in the manner 
prescribed by law. 

^17. The people have a right to 
assemble in a peaceable manner to 
consult for the common good, to 
make known their opinions to their 
representatives, and to apply for a 



206 



BILL OF RIGHTS 



Thursday] 



KIRKPATRICK— HASCALL 



redress of grievances. 

fllS. All elections shall be free and 
there shall be no hindrance or im- 
pediment to the right of a qualified 
voter to exercise his franchise. 

^19. Treason against the state 
shall consist only in levying war 
against the state, or in adhering to its 
enemies giving them aid and com- 
fort. No person shall be convicted 
of treason, unless on the testimony 
of two witnesses to the same overt 
act. or on confession in open court. 

^20. The writ of error shall be a 
writ of right in all cases of felony, 
and in all capital cases shall operate 
as a supersedeas to stay the execu- 
tion of the sentence of death until 
the further order of the supreme 
court in the premises. 

^21. The privilege of the debtor to 
enjoy necessary comforts of life shall 
be recognized by wholesome laws, 
exempting a reasonable amount of 
property from seizure or sale for 
the payment of any debts or liabil- 
ity. 

^22. Aliens, who are, or may here- 
after become bona fide residents of 
this state, shall enjoy the same rights 
in respect to the possession, enjoy- 
ment and inheritance of property as 
native born citizens. 

^ 2 3. Every parson ought to find a 
certain remedy in the laws for all 
injuries and wrongs which he may 
receive in his person, property or 
reputation; he ought to obtain, by 
law, right and justice freely and 
without being obliged to purchase it, 
completely and without denial, 
promptly and without delay. 

^2 4. A frequent recurrence to the 
fundamental principles of civil gov- 
ernment is absolutely necessary to 
preserve the blessings of liberty. 

^25. The powers of the govern- 
ment of this state are divided into 
three distinct departments, the legis- 
lative, executive and judicial; and no 
person, or collection of persons, being 
one of these departments, shall exer- 
cise any power properly belonging 



to either of the others, except as 
hereinafter expressly directed or per- 
mitted. 

^2G. This enumeration of rights 
shall not be construed to impair or 
deny others retained by the people, 
and all powers not herein delegated 
remain with the people. 

The CHAIRMAN. The Committee 
will now consider the article section 
by section. The Secretary will now 
read the first section. 

Mr. KIRKPATRICK. Mr. Chair- 
man, I move that the Secretary read 
the preamble. 

The CHAIRMAN. Rule 39 says 
"it shall be read by the Secretary 
and then again by clauses," leav- 
ing the preamble to be considered 
last. The Secretary will read the 
first section. 

The Secretary read the section as 
follows: 

^ 1. All men are by nature free 
and independent, and have certain 
inherent and inalienable rights — - 
among these are life, liberty and 
the pursuit of happiness. To secure 
these rights and the protection of 
property, governments are instituted 
among men, deriving their just 
power from the consent of the gov- 
erned. 

Mr. HASCALL. I move to strike 
out the word "men," where it occurs, 
and Insert the word "persons." 

Mr. ROBINSON. I am opposed to 
the amendment, I think the section 
is right as it stands. It means to say 
"all persons". 

Mr. HASCALL. Mr. Chairman, If 
"men" is a better word than "per- 
sons" I think the word ought to be 
continued throughout the Bill of 
Rights. I find in other portions, the 
word "persons" used, but in the ma- 
terial part, where it is very proper 



RIGHTS OF WOMEN 



207 



Thursday] 



THOM AS— ESTABROOK-M ASON 



[Ju 



we should take in all humanity, I 
find the word "men". I believe In 
calling a thing by their right names. 
If you mean to take in all human 
beings, let us use a more comprehen- 
sive term. It is true the legal gentle- 
man (Mr. Robinson) who raised the 
point, probably considered it in con- 
nection with his legal business, 
where perhaps he may have found 
a precedent where a term like this 
would include something else. For 
instance, sometimes an indictment, 
where matters of this kind are men- 
tioned, has to be made comprehen- 
sive enough to include another gen- 
der. 

Mr. ROBINSON. I shall have to 
correct the gentleman. I refer the 
gentleman to Webster's spelling 
book. 

Mr. HASCALL. I judge he is the 
gentleman who reads the spelling 
book. 

Mr. THOMAS. Mr. Chairman, It 
seems to me the section is right as it 
stands. The word "man" does not 
necessarily mean a male being; it 
means "mankind". You find, in the 
Declaration of Independence, the 
same expression. "All men are born, 
etc" It seems to me the expression 
now, "all men, etc.," means "all 
mankind," or "all persons". It seems 
to me it is entirely unnecessary to 
make this change. We find in the 
Bible that "God created men in His 
own image" no one believes that 
means the male being; but mankind. 

Mr. ESTABROOK. X appreciate 
the motive of the amendment. From 
the earliest history the word "men" 
is mentioned in the Bible. It is 
therein stated, on a certain occasion 



the Almighty power created man and 
then woman, male and female creat- 
ed he them. Genesis 4th, 1st and 2nd, 
so that concedes it a general term 
and refers to both male and female. 

Mr. MASON. If the gentleman 
from Douglas on the other side (Mr. 
Hascall) had attended the Sabbath 
school with the gentleman on this 
side (Mr. Estabrook), it might have 
saved some discussion. I hope the 
motion will not prevail. 

The motion was not agreed to. 

Mr. McCANN. I move the adoption 
of the section. 

Mr. ESTABROOK. Before that is 
put I have an amendment. I move to 
add at the end of the section, the 
following words: "Every human be- 
ing, of full age, and resident for a 
proper length of time on the soil of 
the nation and State, who is required 
to obey the law. is entitled to a voice 
in its enactment, and every such per- 
son whose property is taxed for the 
support of the government, is entitl- 
ed to a direct representation in such 
government." 

Mr. HASCALL. Mr. Chairman, I 
move to amend by striking out the 
word " persons" and insert the word 
"man" and in support of my own 
proposition I refer the gentlemaD 
from Douglas to Genesis. 

Mr. TOWLE. I would ask the gen- 
tleman's permission to put the word 
"male" instead of man. 

Mr. HASCALL. I think it will 
satisfy the Convention, after con- 
sulting Webster's Dictionary, the 
Book of Genesis, and the Chief Jus- 
tice, that it would be wrong to in- 
sert the word "persons" and I am 
in favor of keeping these general 



208 



RIGHTS OF WOMEN 



Thursday] 



NEWSOM-STEVENSON— ESTABROOK 



[June 29 



terms. I think it barbarous to say 
"human beings." 

Mr ESTABROOK. I presume it 
was intended that should be done. 
That is the tone of the language em- 
ployed in the first part of the first 
section: and that is to reiterate a 
similar passage in the declaration of 
Independence. Whatever we have to 
do is to be done in obedience to the 
provisions given. It is a recitation 
of the language there used and being 
used as here used, it refers to all 
mankind. 

Mr. NEWSOM. I would ask if 
that amendment of the gentleman 
from Douglas (Mr. Estabrook) is in- 
tended to cover woman's rights? 

Mr. ESTABROOK. I take pleas- 
ure in making the announcement that 
it is a step to accomplish that end: 
that if woman is to be really taxed, 
and has no representation, it is nec- 
essary to supply that important stone 
in the arch. 

The CHAIRMAN. The question is 
upon the amendment to the amend- 
ment offered by the gentleman from 
Douglas (Mr. Hascall). 

Mr. STEVENSON. I think the 
substitute or addition, would be prop- 
er to insert in the Article on Suf- 
frage. I think it does not belong 
here. That the section as it reads 
applies to all he wishes, man moan- 
ing not only male but female; and if 
we wisli to extend the rights of 
suffrage these gentlemen are talk- 
ing about, let the Committee on Suf- 
frage report an article, and not mix 
it in here where it has no place I 
do not think the gentleman's substi- 
tute ought to be placed here. There 
is enough here, and I think it should 



be placed under the article on "Suf- 
frage." 

Mr. ESTABROOK. It is prepara- 
tory to the great idea that no one 
should be taxed without representa- 
tion. It is an underlying principle of 
law, the foundation of all Republi- 
can governments. And therefore, 
this is its right place, I think. 

Mr. NEWSOM. I believe, Mr. 
Chiiirman, unless the gentleman who 
made this motion insists upon the 
motion, the only question before this 
Convention is one of propriety, and 
to that I propose briefly to draw the 
attention of the C'^aventiou. If it is 
the object of the gentlennvn, and I 
think that is the chief ;ind oniy one 
indicated, to eugraft womar. suffrage 
on this Bill of Rights, I think it em- 
inently improper. This is not the 
place or time to raise that question, 
in my humble judgment. All he re- 
quires is given him in the term 
"men" this provision where it says 
"all men are made equal." He has, 
there, his point complete. Woman 
is equal with the man in the section 
as it stands. All the rights given to 
man are given to her. Therefore, 
in my judgment, it is improper to 
raise this question here at this time. 
It is not appropriate to engraft the 
question of "Suffrage" in the Bill of 
Rights. It is not incident to the 
rights granted in the Bill of Rights. 

Mr. ESTABROOK. Mr. Chairman. 
There is not a word said about wo- 
man in the amendment, not a word 
about suffrage in it. It presents to 
view a fundamental idea, and if wo- 
man shall be found to come within 
its scope, then it means her; or if 
man, it means man. It simply 



WOMAN IN BILL OF RIGHTS 



209 



Thursday 



HAS C ALL— KIRKPA TRICK 



[June 29 



means that if there are individuals 
within the jurisdiction of this state 
to be operated on by the provisions 
of the article; who are compelled to 
bear their share in the responsibility 
of government without having the 
corresponding privileges of tne gov- 
ernment, or if they are to be taxed 
and not have representation in the 
government, then it means the wo- 
man. And if the gentleman will con- 
cede that she is in that category; if 
the woman come lo the threshold of 
this step, giving her the power to 
conduct her own business in her own 
way, and giving her the power to 
hold property in her own name sep- 
arate from her husband; to sue and 
be sued in her own name; then let 
her have a place where she can be 
represented. And if she is compelled 
to obey a government she has had no 
hand in instituting and carrying on, 
then it means woman, and is within 
the scope of the amendment. If not 
in that category I ask nothing more 
for her. If it can be shown she has 
representation to correspond with 
her responsibility, I ask nothing more 
at your hands. But if it shall be 
found, after this has been amended, 
that she is compelled to bear the 
burdens of government the same as a 
male, and obey laws, in the making 
of which she has had no voice, then 
I shall ask that the law be righted, 
and the same right given her as to 
the male. Hence it being an underly- 
ing principle preparatory to the great 
idea that no one should be taxed 
without rfpresentation, there is no 
section so appropriate for this as this 
section. 

Mr. HASCALL. Mr. Chairman, 
14 



this is not a question of suffrage at 
this time. The question is whether 
we will use the words "human being ' 
or the term "man". The gentleman 
from Douglas (Mr. Estabrook) in- 
timated that this might be a captious 
amendment to his amendment. He 
quoted from Genesis, where it saya 
that "God created man, male and fe- 
male created he them." I have not 
been to Sunday school so much as 
the gentleman from Otoe (Mr. Ma- 
son) as was indicated a short time 
ago. But they established to the 
satisfaction of this Convention at 
least, as will be indicated by the vote, 
that the word "man" or "men" was 
comprehensive enough. Now the 
gentleman advocated that that term 
was as comprehensive as the word 
"persons" and when he introduced 
an amendment he used the words 
"human beings". Why put in this 
barbarous term, when there is no 
precedence for it to be found any- 
where. I hope the Committee will 
not lose sight of the question before 
the Convention; that is, whether the 
amendment of my colleague shall be 
amended by striking out the word 
"man" and have irsertea iJie word 
"men." Afterwards the question 
arises whether his amendment shall 
be adopted or not. There is a differ- 
ent issue in the one case to what 
there are in the other. 

Mr. KIRKPATRICK. I think the 
gentlemen will not disagree on terms. 
I think the phrase "all men" in- 
cludes all beings, but it is not inclu- 
ded in the expression "no person" as 
it occurs in the Second section. 

Mr. MASON. Mr. President. I: 



210 



RIGHTS— NATURAL— POLITICAL 



Thursday] 



(June 29 



shall not now pause to consider a 
mere play upon words, but address 
myself to the considerations which 
are sought to be incorporated in this 
section. Let us analyse this proposed 
enunciation of the principles which 
underlie our government, let us see 
where the laying of our foundations 
will leave us, and what building we 
will construct upon the proposed 
foundation. I read the amend- 
ment. "Every person being of full 
age and resident for a proper length 
of time on the soil of the nation and 
state, who is required to obey the 
laws, is entitled to a voice in its en- 
actment, and every person whose 
property and labor is taxed for the 
support of the government is. entitled 
to a direct representation in such 
government." 

That is the gentleman means to say 
the foreigner who has been an avow- 
ed enemy of this government shall 
have the right to plant his banners 
upon the soil of our country, tie is 
allowed a voice in the government 
without having declared his willing 
allegiance to the government. The 
Chinaman who scoffs at your relig- 
ion; who bows down and worships 
blocks of wood and stone; and who 
defiles your temples of Christianity 
with his blasphemy and who refuses 
to declare that he is a liege subject 
of your government — he is to be al- 
lowed to exercise the elective fran- 
chise. A most dangerous experiment 
indeed is sought to be interpolated 
In the very first section of the Bill of 
Rights. For what use is the experi- 
ence of the long generations of men 
who have preceded us in the march 
of time but to add lessons of wisdom 



if we do not learn from these lessons 
of experience, how to order our 
government. 

Gentlemen, my views upon this 
subject are not very well defined as 
yet, for this is a startling proposi- 
tion, and this one suggestion that I 
have presented to the committee, that 
if it be incorporated in the Bill of 
Rights, serious results will follow, 
which will be a matter of alarm to 
the people of this state. But there 
are other objections. 

Rights! Mr. President, that is 
a word which is very often mis- 
apprehended and misunderstood. 
There is such a thing in gov- 
ernments as "natural rights" — in- 
alienable rights, and there is such a 
thing as "civil rights," and there is 
such a thing as "political rights" — 
three distinct classes of rights to 
which we are entitled in every gov- 
ernment. 

Now what rights are we consider- 
ing in this Bill of Rights. I may 
quote here from Chief Justice Mar- 
shall — that the political rights of the 
citizens are just such rights as are 
vested in them by the fundamental 
law of the State. The natural rights, 
are such, that the fundamental law 
cannot regulate or take from the 
citizen— the right to life, liberty and 
the right to exercise the reasonable 
desires and powers of the mind. 
These are the natural inherent rights 
of man. There is a class of rights 
purely political, which are conferred 
upon us by the laws of our country. 
I am sure if the gentleman from 
Douglas (Mr. Estabrook) does not 
see this matter in the light I do, he 
would be as loath to insert this 



RIGHTS— NATURAL— POLITICAL 



211 



Thursday] 



[June 29 



amendment as I am. If the gentle- 
man will put this where it belongs 
among the political rights, and not 
among the inherent rights of the peo- 
ple, it may be possibly I will agree 
with him. 

Now Mr. Chairman my reason for 
not incorporating this theory here is 
that we are considering natural 
rights which no person can take 
away, which no human authority can 
ever deprive a man of. I am not 
ready to say that human power can- 
not deprive a man of the right of 
supplement [suffrage.] 1 am not 
willing to say that a man debased 
by crime shall have the same rights 
as a man who from the exercises of 
the moral powers of his mind has an 
elevated and adorned character. Now 
I hold this and I hope that this Con- 
vention will feel it. that it is to be 
left to a vote of all the people, who 
shall exercise the right of franchise, 
in the proper place and time, but I 
am not willing to open up this wide 
door here. Gentlemen of the Com- 
mittee I did not desire neither do I 
now desire to detain you, but I wish 
every gentleman to understand the 
far reaching effects of the amend- 
ment. Are you willing that every 
barbarian as soon as he shall land 
here, shall exercise full political 
power? I think that this move is a 
dangerous one. It is dangerous to 
our government. It is dangerous to 
our free institutions, to our public 
school system. I am opposed to this 
amendment coming in here, not that 
I am opposed to the enfranchisement 
of the women of our land, but be- 
cause this amendment goes farther 
beyond what I am willing to go and 



opens up a mine that will destroy 
our free government. I hope this 
will not be insisted that this should 
go into this Bill of Rights but when 
we come to political rights I will be 
willing to consider it there. 

Mr. LAKE. Mr. Chairman, I wish 
to say only a word on this motion to 
amend. I believe that I agree sub- 
stantially with my colleague from 
Douglas (Mr. Estabrook) in what he 
is aiming at although I disagree with 
him as to the propriety of attaching 
it to this section. As it is I consider 
that this section includes all persons 
and refers to natural rights. Now I 
disagree with the gentleman from Ne- 
maha that persons who violate the 
law have lost this natural right. He 
has the right to those same things as 
though he was a loyal citizen, but 
governments find it necessary, in or- 
der that good citizens may be protect- 
ed in those natural rights, to deprive 
him for the time being of a portion 
or all of those natural rights. I be- 
lieve that because he commits crime 
he is not naturally any less entitled 
to those rights than before, but the 
good citizens of the state may de- 
prive him temporarily of those rights. 
This section says "all men are by 
nature free and independent, and 
have certain inherent and inalien- 
able rights. To secure this right and 
the protection of property, govern- 
ments are instituted among men;" 
and the government as I before stat- 
ed makes certain rules to secure 
these natural rights, and as a conse- 
quence are obliged to take from per- 
sons guilty of evil practice, some of 
their natural rights. "Governments 



212 



RIGHTS— NATURAL— POLITICAL 



Thursday] 



are instituted among men" and that 
word includes both male and female, 
it has been conceded here to day. 
and it is further declared that these 
governments derive "their just 
powers from the consent of the gov- 
erned." Is not that complete and 
conclusive. If they are not rights 
exercised under the consent of the 
governed, they are not just rights, 
and it seems to me that the amend- 
ment would not make it any more 
complete than It is now. While I am 
in favor of the principle that the gen- 
tleman from Douglas lays down, and 
shall support it at the proper time 
and place, yet I think it would mar 
this section. I am opposed to the 
amendment, not because I am not in 
favor of the rights of females, but 
because I think it is out of place. 

Mr. MYERS. Mr. Chairman, I 
have but a few words to say in regard 
to this proposition. I concur with my 
colleague (Mr. Lake) that this does 
mar this section and if it is to be in- 
serted it will be better added at some 
other place. I think that this section 
covers and comprises all the natural 
rights that belong to the governed. 
This is simply a declaration of those 
rights as proclaimed in the Constitu- 
tion of the United States, that among 
the rights of men are " life, liberty 
and the pursuit of happiness." We all 
have natural inherent rights that the 
government can not deprive us of; 
that cannot be taken away from us, 
but exercise of these rights, for the 
good of the governed are regulated 
by law, and it Is doing injustice to 
the government to say that it under- 
takes to destroy these rights. It 
would be an injustice to say that the 



governments are organized for the 
purpose of abridging those natural 
rights. A legislature is organized for 
the purpose of throwing safeguards 
around our national natural rights 
not to destroy them. When it un- 
dertakes to abridge or destroy, it be- 
comes a tyranny; and when it does 
that, we have a right, as laid down in 
the Declaration of Independence, to 
resort to rebellion and overturn it. 
We admit in this country, that every 
person has a right to vote, to form a 
part of the government, to enjoy all 
its rights and privileges as regulated 
by law, and sir, I am not afraid of a 
civilization of the east marching over 
the broad prairies of our country and 
overwhelming our churches, and 
school houses, and our institutions of 
liberty. I am not afraid sir. of the 
millions and billions in the east leav- 
ing their home across the ocean and 
coming here to enjoy those rights. 
It they do it under the regulations 
and under the laws we have estab- 
lished, if they come down to our or- 
der of life, to our order of civiliza- 
tion under the laws of the United 
States which require them to take an 
oath of allegiance to this govern- 
ment; I sir, will trust any human be- 
ing who comes to enjoy the liberties 
of the government. I do not desire, 
! sir, to make a speech on this ques- 
tion, but simply rose to state that 
', all rights. — the rights of person and 
! property — are regulated by law, and 
that the rights of citizenship are 
j regulated by law, and that is what we 
propose in this Convention. 

Mr. MASON. Mr. Chairman, I 
only rise to correct a misapprehen- 
i sion on the part of the gentleman 



EIGHTS OF WOMEN 



213 



Thursday] 



MASON— TOWLE 



[June 29 



from Douglas who first spoke (Mr. 
Hascall). I admit this, as the section 
now stands unamended, that the 
State have the right to disfranchise; 
but if the amendment of the gentle- 
man from Douglas (Mr. Estabrook) 
is carried, it would deprive them of 
the right so to do. If the gentleman 
has the amendment before him he 
will see that at once. Hence I con- 
clude that the gentleman from Doug- 
las did not desire to misrepresent me 
in this regard and there is a mistake 
in misapprehending my position. I 
fully concur with the views of the 
gentleman, and concur with the sec- 
ond gentleman on the floor; remind- 
ing him, however, that Solomon 
spoke of a class of individuals, a 
great number of years ago that knew 
no fear, but rushed on to certain 
ruin; whether he is of that class, I 
am unable to say. 

Mr. TOWLE. Mr. Chairman. In 
regard to the amendment proposed 
by the gentleman from Douglas (Mr. 
Hascall) and again amended by an- 
other gentleman' from Douglas (Mr. 
Estabrook), although the amendment 
to the amendment should prevail, the 
principle would be there, and to the 
principle itself, or policy of the prin- 
ciple, I wish to speak a few words. 
This question of woman suffrage has 
been unexpectedly sprung at this 
moment; I do not believe the Con- 
vention is ready now to meet it. but 
they expected and intended and de- 
sired to meet this question when it 
should come up in its proper and 
appropriate place in the report of 
the Committee on Rights and Suf- 
frage. There are many individuals 
here desirous of being heard on that 



subject, and I do not believe they 
are now prepared; neither do I be- 
lieve the Convention at a time Just 
immediately preceding an adjourn- 
ment which will take place to-mor- 
row, should go over this ground. Let 
us find out where we will be placed 
if we put this proposition in this Con- 
stitution, in the Article on Bill of 
Rights, as we find attempted to be 
done. We find ourselves lying on 
the broad principle that no woman, 
as well as any other class, under any 
circumstances shall be deprived of 
their right of suffrage if they have 
been residing a certain length of time 
in our State. Now, Mr. President, 
in what way, manner and method 
should this question of the right of 
woman to vote be submitted to the 
people of this State? Should it be 
absolutely in the body of the Consti- 
tution (and it is doubtful if the Con- 
stitution would not be rejected by 
that course). If this question goes 
absolutely in the Constitution; if it 
is not submitted in a separate clause, 
as it should be. there the symmetry 
of this Constitution and this fabric 
we are now building will be thrown 
out of proportion. This, in connec- 
tion with other objections will raise 
such an element of opposition, such 
a furore of strength against it, that 
it will fall to the ground by an over- 
whelming majority of the votes of 
the people. I believe, on this very 
question alone, it would fall. What 
is the remedy? To leave this Con- 
stitution symmetrical and beautiful, 
as we should build it from the very 
foundation, leaving this question un- 
settled, and this proposition as it 
now stands. If in the after progress 



214 



WOMEN AND ALIENS 



Thursday 



ESTABROOK—TOWLE -MASON 



(June 39 



of this work we should say that wo- 
man shall, or shall not be allowed the 
right to vote, we can then adopt 
this section. We come to the right 
of suffrage and take it as the com- 
mittee has incorporated it, or as we 
desire to engraft it in the Constitu- 
tion. If there are doubts — as I know 
there will be, and I believe those 
doubts will resolve themselves into 
a certainty — that this Constitution 
will not be adopted, it becomes our 
imperative duty, if we wish to see 
this Constitution adopted; to submit 
this in a separate proposition, and 
not allow it to go into the body o' 
the Constitution. I have nothing to 
say at the present time in relation to 
the abstract principle advanced in 
this proposition. I am only speaking 
as to the policy, and the question 
whether it is expedient and proper 
at this particular time, and in this 
particular article, to insert this pro- 
position. In my judgment it is not; 
therefore I shall vote against th« 
proposition. 

Mr ESTABROOK. It is said every 
family has a skeleton; in many fami- 
lies that skeleton is womai' suffrage. 
In this little item I claim woman 
suffrage is not named; the funda- 
mental principle goes to the bed rock. 

Mr. TOWLE. Did you not express- 
ly declare it covered that ground? 

Mr. ESTABROOK. I declared she 
was in the category of those men 
tioned in the amendment. This Bil" 
of Rights is intended to declare ab- 
stract principles, it has no binding 
force whatever. For instance, I will 
call the attention of the gentleman 
from Otoe (Mr. Mason) and see if 
he is frightened by the workmanship 



of his hands. See whether — in view 
of his own reasoning in regard te 
the horrors that may be entailed on 
this State by the influx of the Chinee 
— whether he does not shudder when 
he reads section 22, for instance: 
"Aliens, who are, or may hereafter 
become bona fide residents of this 
state, shall enjoy the same rights in 
respect to the possession, enjoyment 
and inheritance of property as native 
born citizens." 

Mr. MASOX. That is right. 

Mr. ESTABROOK. They require 
a right to build a place wherein they 
shall maintain their idols, wherein 
they may worship. I believe it is 
right because it is in obedience to the 
fundamental idea, that no man shall 
be interfered with in the enjoyment 
of his religion. He shall worship 
howsoever whethersoever and when- 
soever he may. In regard to 
the amendment proposed, let us see 
If he is not paralyzed. The first sec- 
tion closes with these words: "his 
natural rights." Jefferson laid them 
down as natural rights. Who se- 
cures these rights? Every human 
being of full age and resident for 
a certain time in the State, which 
means he shall be a citizen, — he 
shall be upon the soil of the State 
and nation long enough to acquire 
the rights of citizenship. — every 
such person who is required to obey 
the law, who is governed, and con- 
strained to obey the government is 
entitled to a voice in the enactment 
of its laws. The very idea carried to 
its consummation should be made ap- 
plicable to the subjects of the govern- 
ment which we are about to establish. 
It goes on and extends the civil rights 



RIGHTS— NATURAL— POLITICAL 



215 



Thursday] 



WILSON— NEWSOM- HASCALL 



and natural rights of no class. Ev- 
ery such person thus having the nec- 
essary qualifications, thus having 
been here the necessary length of 
time, thus being of full age, whose 
property or labor is taxed, upon 
whom you impose the burden of gov- 
ernment, upon whom you impose the 
responsibility of government, whose 
labor is taxed for the support of the 
government, is entitled to a direct 
representation in such government. 
Every person upon whom you impose 
a burden shall have rights which 
correspond to those burdens and re- 
sponsibilities. Is there a man so 
frightened by the ghost of freedom, 
of suffrage, who will not say "aye" 
in regard to the propriety of it. I 
tell you this is not symmetrical un- 
less you have carried this well known 
fundamental thought to its practic- 
al consummation. 

I propose, to secure that class of 
individuals the rights and privileges 
of which they are now deprived. 

Motion to Rise 

Mr. WILSON. Mr. Chairman, I 
move that the Committee do now rise 
report progress, and ask leave to sit 
again. 

The house divided, and the motion 
was lost. 

Mr. NEWSOM. Mr. Chairman, I 
desire to say a few words. The gen- 
tleman from Douglas (Mr. Esta- 
brook) thrust out the idea that the 
woman suffrage question is a ghost 
and resides in the houses of some 
gentlemen of the Convention. I 
would answer that the ghost is cer- 
tainly with him, because, for some 
reason or other, he cannot distin- 



guish the difference between a politi- 
cal right and a natural right. The 
question he proposes is not a natural 
right, but it is a political right, the 
right of suffrage. And whether it 
shall go now into the Bill of Rights, 
or go in the Article on suffrage, is a 
question which I think should be de- 
cided by this Convention. He says 
that every person who shall be re- 
quired to obey the law is entitled 
to a voice in the making of it. Is 
that an inherent and a natural right, 
or a political right? This question 
has nothing to do with the natural 
rights at all. 

Mr. HASCALL. Although I do not 
consider this subject proper at this 
time, yet it has taken a wide range, 
and I want certain errors corrected 
that are sought to be inculcated here. 
These rights have been described as, 
natural, civil, and political. The 
section lays down the broad doctrine 
that all have the same natural rights, 
and thus it says "to secure these 
rights and the protection of property 
governments are instituted among 
men;" then. If this is true govern- 
ments are instituted to secure natural 
rights: and thenitsays "governments 
derive their just power from the con- 
sent of the governed." Now who 
are the governed? Do not you mean 
the whole community and body 'poli- 
tic? When you say "governments 
are instituted among men, and de- 
rive their just powers from the con- 
sent of the governed," you speak of 
political rights. They are both con- 
nected — civil and political — this sec- 
tion groups them. And still mem- 
bers come upon this floor and enun- 
ciate this great principle, or define 



216 



EIGHTS— NATURAL— POLITICAL 



Thursday J 



HASCALL— MASON 



iJune 29 



rights to be natural, civil and politi- 
cal; and why? After they do it that 
proves nothing, for the section re- 
ported by the chairman of the Bill of 
Rights inseparably connects them. 
The great seal of the State of Ne- 
braska contains the motto "Equality 
before the Law." What does that 
mean? It is speaking of the politi- 
cal right. They are equal before the 
law. Then that being the case, up- 
on what foundation stands these ar- 
guments with regard to Chinamen 
and colored men and other classes? 
As I understand the chairman of the 
Committee on Bill of Rights, he 
says that when certain persons are 
in the ascendancy then he is willing 
to come on and disfranchise them. 
Does he mean a minority shall rule 
a majority? Does he say when cer- 
tain persons get the ascendency, as 
far as government is concerned, that 
he, as a member of the community, 
will come in and fasten institutions 
that are repugnant upon the majori- 
ty? That would not be a Republican 
form of government, but it would 
be bordering on that form of govern- 
ment the gentleman referred to with 
so much emphasis, viz: — a monarch- 
ial form of government. I see it is 
the desire of some to ignore the 
amendment I proposed to the 
amendment introduced by my col- 
league General Estabrook. They do 
not seem to talk in relation to that. 
But it is not technical; but is a 
matter of substance. This section is 
broad enough if the word "persons" 
had been used in the first instance; 
and would have disposed with all 
cavil. 

When the question of suffrage 



arises, I shall place myself right upon 
that question. But as far as this gen- 
eral enunciation is concerned in the 
Bill of Rights, if you use the word 
"persons", I am satisfied it is a fail- 
ure. But, although I may vote for 
my amendment to the amendment, 
still I shall be compelled to vote 
against the amendment of the gentle- 
man, for the reason that this sub- 
ject may properly come in another 
part of the Constitution. 

Mr. MASON. Mr. Chairman, I 
have listened attentively to the re- 
marks of the mover of the motion, 
with an earnest desire to appreciate 
and comprehend his views; and I 
still think the difference between us 
arises more from a misapprehension, 
either on his part, or on mine, of 
of what the Convent\on and the Com- 
mittee propose to enunciate in the 
first section. The Committee propose 
simply to enunciate the natural 
rights and not civil rights. Suppose 
we consider it attentively for 
a single moment. "All men are 
by nature," and we might insert 
"and have by nature certain 
inherent and inalienable rights, 
among these are life, liberty and the 
pursuit of happiness. To attain these 
natural rights, or secure these natur- 
al I'ights, amongst which are the pro- 
tection of property, governments are 
organized among men." Now, the 
the right of elective franchise never 
has been considered among any 
classified by Beveir, by his law dic- 
tionary; or by Webster, among the 
natural rights. Neither does it so 
classify it by any law right. It is 
simply a political right. If we ignore 
or deprive political rights from the 



RIGHTS— NATURAL— POLITICAL 



217 



Thursday] 



MASON-LAKE 



[June 29 



Bill of Rights, it is making an entire 
new use of the Bill of Rights. The 
whole body of the organic law defines 
the political rights of your citizens; 
the political rights of the government, 
the political rights of the Legisla- 
ture, the political rights of the judi- 
ciary, the political rights of the citi- 
zen, but your Bill of Rights, standing 
in the forefront in the battle of hu- 
manity, asserts the natural God-born 
God-inherited and inextinguishable 
rights. Now, I think if America ever 
had a great man, if she ever had a 
pure man, and the man that compre- 
hended the whole nature and purpose 
of government from its conception to 
the end from keel to turret, it was 
Webster. And when he defined the 
natural rights of man, they were cov- 
ered in this single sentence. And the 
restless ingenuity of to day, or the 
passion of to-morrow, can neither 
take from nor add thereto. And 
hence it is, I desire this Convention 
should fall into no misapprehension. 
The Bill of Rights asserts only the 
natural rights, and the balance of 
the Constitution is devoted to the as- 
sertion of political rights, political 
duties, and political privileges and 
immunities, and I think the Commit- 
tee now understand that the subordi- 
nate Committee raised by this Con- 
vention took all this matter into con- 
sideration; and the view I think 
they desired the chairman should 
urge upon this Convention. And for 
these reasons, I submit it to the Con- 
vention, hoping the proposed amend- 
ment will be rejected. 

The CHAIRMAN. Gentlemen, the 
question is now upon the amendment 
to the amendment. 



The amendment to the amendment 
was not agreed to. 

The question now recurs upon the 
amendment. 

The amendment was not agreed to. 

Mr. MASON. Mr. Chairman, I 
move the section be adopted. 

Motion agreed to. 

Mr. LAKE. Before that motion is 
put. Mr. Chairman, I wish to call 
attention to a typographical error 
which I noticed in the printed copy 
we have before us, which reads "just 
power." I think it should read "just 
powers." I suppose it will be correct- 
ed by common consent, and that no . 
motion will be required. 

The CHAIRMAN. The correction 
will be made. 

The question now, gentlemen. Is 
upon the adoption of the section. 

The motion to adopt was agreed 
to. 

Mr. CASSELL. Mr. Chairman, I 
move the Committee rise, report pro- 
gress, and ask leave to sit again. 

The motion was agreed to. 

Adjoui'imieiit. 

Mr. HINMAN. Mr. President, 1 
move to adjourn until 2 o'clock this 
afternoon. 

The motion was agreed to. 

So the Convention (at twelve 
o'clock and eighteen minutes) ad- 
journed. 



Afternoon Session. 

The Convention met at two o'clock 
p. m. and was called to order by 
the President. 

Communications. 

The PRESIDENT. Before we pro- 



218 



STATE LANDS— PRINTING 



Thursday j 



GILLESPIE— WILKINSOX— LYON 



IJune 29 



ceed to any other business here are 
two communications; the Secretary 
will read. 

The Secretary read a communica- 
tfon from the Auditor as follows: 
State of Nebraska, 
Auditor's Office, 
Lincoln, June 29, 1871 
Hon. S. A. STRICKLAND, 

President Constitutional Conven- 
tion. 
Sir: 

In reply to a resolution of your 
honorable body, I have the honor to 
state that to this date no bills for 
printing for the Convention have 
been presented at this office. 

Respectfullv yours, 
JOHN GILLESPIE, 

Auditor. 
- J. O. WEST, 
Deputy. 
The Secretary read a communica- 
tion from the Register of the Land 
office at Dacota City, as follows: 
Land office, Dacota City, Neb., 

June 2G, 1871. 
Hon. S. A. STRICKLAND, 

President Constitutional Conven- 
tion, Lincoln, Nebraska. 
Dear Sir: 

I herewith have the honor to trans- 
mit to you a list of entered lands, 
which seems to be referred to in the 
resolution of your honorable body, 
a full history of the matter of the 
lands embraced in the list left with 
me by the state agent, was by last 
mail forwarded to his Excellency 
Governor James. 

Permit me to state briefly this 
much. There has never been an ap- 
proved list of selections for Agricul- 
tural College purposes presented at 
this office, nor any formal applica- 
tion to enter lands for that purpose 
I have the honor of being. 
Very Respectfully, 

Your obedient servant, 
GEO. W. WILKINSON. 
Register 



The reading of the list of lands 
referred to in the above communi- 
cation, was on motion dispensed with. 

Mr. lIcCANN. I move that the 
reading be dispensed with and this 
communication be referred to the 
Committee on Education, School 
Funds and Lands. 

The motion was agreed to. 

Bill of Rights. 

Mr. McCANN. I move that we do 
now go into Committee of the Whole 
on the Bill of Rights. 

The motion was agreed to. 

So the Convention resolved itself 
into Committee of the Whole on the 
Bill of Rights. Mr. Griggs in the 
chair. 

The CHAIRMAN. The Secretary 
will now read section second. 

The Secretary read section second 
as follows: 

^ 2. No person shall be deprived 
of life, liberty or property without 
due process of law. 

Mr. LYON. Mr. Chairman, I move 
that that section be adopted. 

The second section was adopted. 

The Secretary read the third sec- 
tion as follows: 

f 3. The free exercise and enjoy- 
ment of religious profession and wor- 
ship, without discrimination, shall 
forever be guaranteed; and no person 
shall be denied any civil or political 
right, privilege or capacity on ac- 
count of his religious opinions; but 
the liberty of conscience hereby se- 
cured shall not be construed to dis- 
pense with oaths or affirmations, ex- 
cuse acts of licentiousness, or justify 
practices inconsistent with the peace 
or safety of the state. No person 
shall be required to attend or sup- 
port any ministry or place of worship, 
nor shall any preference be given by 



RELIGIOUS FREEDOM 



219 



Thursflav] 



ABBOTT— LAKE- WOOLWORTH 



[June 39 



law to any religious denomination 
or mode of worship. 

Mr. ABBOTT. Mr. Chairman, I 
desire to amend the third section 
by striking out all after the word 
"guaranteed" in the second line to 
and including the word "state," in 
the sixth line, and insert in lieu 
thereof the following: "but the civil 
rights, privileges, or capacities of any 
person shall in no wise be increased 
or diminished on account of any re- 
ligious opinion or belief." 

Mr. ABBOTT. This amendment 
governs all in general terms, not 
making a specialty of this or any 
other subject. It rules the subject 
matter in general terms and is good 
for all time to come. 

The motion was not agreed to. 

Mr. MAJORS. I move that the 
section be adopted as it stands. 

The motion was agreed to. 

The CHAIRMAN. The Secretary 
will read section four. 

The Secretary read the section as 
follows: 

r 4. Every person may freely 
speak, write and publish on all sub- 
jects, being responsible for the abuse 
of that liberty, and in all trials for 
libel, both civil and criminal, the 
truth, when published with good 
motives and for justifiable ends, shall 
be a sufficient defense. 

Mr. LAKE. Mr. Chairman. I move 
the adoption of the section. 

Mr. WAKELEY. There is a typo- 
graphical error in this section. In 
the third line the word "for" should 
be inserted before the word "justi- 
fiable ends." I move to insert that 
word. I suppose it is in the manu- 
script bill in the possession of the 
Secretary. 

Mr. WOOLWORTH. I would like 



to enquire what paper the clerk reads 
from. 

The CHAIRMAN. From the print- 
ed bill. 

Mr. WOOLWORTH. Would it not 
be altogether better to read from the 
manuscript rather than from the 
printed bill. We will then under- 
stand exactly what we are about. 

Mr. LAKE. It is usual to read 
from the printed bills, in order that 
amendments may be inserted. Those 
amendments are noted by the chair- 
man of the committee on the printed 
bill which he has before him, and 
this saves the original from being 
mutilated. 

Mr. MYERS. Mr. Chairman, 
The practice I believe in all legis- 
lative bodies is to read from the 
printed bill. I never yet have known 
where the original was read either by 
the clerk or chairman. If there are 
typographical errors it is the duty of 
the committee to correct them. It 
is more convenient and proper to 
read from the printed matter because 
it is here by authority of the Con- 
vention. 

Mr. WOOLWORTH. I would like 
to enquire how it is possible to make 
a comparison between the printed 
bill, unless we have some way of com- 
paring it with the original. If the 
clerk reads the original and the 
chairman and members hold the 
printed copy, any typographical mis- 
take would instantly be brought to 
his attention, otherwise it might be 
overlooked. 

The CHAIRMAN. If there is no 
objection the Secretary will insert 
the word "for" before "justifiable." 

Xo objection being raised the word 



TRIAL BY JURY 



Thursday 



HASCALL—WAKELEY— THOMAS 



was inserted. 

The CHAIRMAN. The Secretary 
will read section five. 

The Secretar}- read the section as 
follows: 

^ 5. The right of trial by jury 
as heretofore enjoyed, shall remain 
inviolate: but the trial of civil cases 
before justices of the peace by a 
jury of less than twelve men, may be 
authorized by law. 

Mr. HASCALL. Mr. Chairman, I 
have an amendment to offer to this 
section. I propose to amend by add- 
ing after the word "civil" in second 
line the words "and criminal," and 
after the word "peace" in the same 
line, the words "and police magis- 
trates." 

Mr. WAKELEY. Mr. Chairman, I 
shall be glad to hear from the mover 
of this amendment, what particular 
benefit he proposes to secure by its 
adoption. If the amendment be in- 
serted, it ought to be qualified by 
some clause indicating how far the 
amendment recognizes the justices of 
the peace. 

Mr. HASCALL. The point, Mr. 
Chairman, I wish to reach by the pro- 
posed amendment is to give the right 
to justices of the peace to try crimi- 
nal cases without summoning into 
court twelve men to try the issue, al- 
so to dispense with juries of twelve 
men or the necessity of a jury of 
twelve men in police magistrates 
courts, or before the police judge. It 
is a useless expense, it is unnecessary 
to have a jury of twelve men in a 
magistrate's or justice of the peace 
court to try a petty case over which 
they have jurisdiction. I do not im- 
agine that under the amendment they 
would get any jurisdiction to try a 



case of felony, but would relate only 
to trying cases of misdemeanor. 

Justices of the peace have now the 
right to try and determine cases of 
misdemeanor and punish without in- 
dictment or presentment by a grand 
jury. If there is no doubt about the 
propriety of this amendment a pro- 
vision might be inserted in cases of 
misdemeanor. I introduce that 
merely to insert the idea, and if the 
amendment does not meet the views 
of members, as far as phraseologj' is 
concerned. I would suggest that the 
chairman of the committee make 
that right. 

Mr. THOMAS. I am in favor of an 
amendment to this section. I think 
it should not be made necessary to 
have a jury of twelve before a jus- 
tice of the peace. But we do not pro- 
pose, in this Constitution to give the 
justice of the peace jurisdiction. 
They have agreed to leave that to 
the Legislature and I would suggest 
to the gentleman who made the 
amendment, to make it "in trials not 
of record by a jury of less than 
twelve men, may be authorized by 
law." It seems to me we should not 
make it necessary in all cases before 
a justice of the peace, or a police 
magistrate, to have a jury of twelve. 
In some precincts it is difficult to 
get a jury; and if we Insert that no 
criminal case whatever can be tried 
before a justice of the peace or police 
magistrate without a jury of not less 
than twelve men. V would amend 
by saying "in trial not of record by 
a jury of less than twelve." 

Mr. STEVEXSO.V. I would sug- 
gest to the gentleman from Nemaha 



NUMBER OF JURORS 



221 



Thursday! 



STEVENSON— HASCALL—WAKELEY 



[June 29 



(Mr. Thomas) that there should be 
something inserted in rei^ation to 
county courts. I believe they are to 
be considered as courts of record. 
It would appear necessary in order 
to accept this, to bring it in county 
courts. 

Mr. HASCALL. Mr. Chairman. I 
do not know that it is proposed to 
confer upon this county court crimi- 
nal jurisdiction. If so, it would be 
well enough to make that exception. 

The CHAIRMAN. Gentlemen. The 
gentleman from Douglas (Mr. Has- 
call) has moved to amend by insert- 
ing after the word "civil," the words 
"and the criminal," and after justice 
of the peace." insert "police magis- 
trate." The gentleman from Nema- 
ha (Mr. Thomas) suggests, and it is 
accepted, that it read "but in trials 
in a court not of record, by a jury of 
less than twelve men, may be author- 
ized by law." So that the section, 
as amended will read: 

Sec. 5. The right of trial by jury 
as heretofore enjoyed, shall remain 
inviolate, but in trials in a court not 
of record, by a jury of less than 
twelve men, may be authorized by 
law. 

Mr. WAKELEY. Mr. Chairman. I 
don't like the proposed amend- 
ment. This matter was well consid- 
ered I think, by the Committee who 
had charge of this bill, of which the 
gentleman from Nemaha (Mr. Thom- 
as) was a member; and I think the 
broad powers which would be con- 
ferred by that amendment did not 
prevail with the Committee, and does 
not commend itself to my judgment. 
It is in the power of the Legislature, 
in all cases, to define what shall be 
courts of record, and courts not of 



record. Very large jurisdiction may 
be conferred by the Legislature upon 
courts not courts of record. County 
courts may be established, which the 
Legislature might provide should not 
be courts of record. And thus the 
immemorial right of trial by a jury 
of twelve men might be affected and 

j impaired. I do not know that I ob- 
ject seriously to the proposition of 
my colleague (Mr. Hascall), that 
misdemeanors, when triable at all, 
before the justice of the peace or in- 
ferior magistrates may be by a jury 
of less than twelve men. I have pre- 
pared an amendment which carries 
out that idea, which I will state to 
the Convention before the vote is 
taken. I will move to amend, when 

j proper, to insert after the words "jus- 

i tice of the peace," "or of misdemean- 
ors before the justice of the peace or 
inferior magistrate or tribunals." 
The effect of that amendment would 
be that under the section, as amend- 

' ed, all civil cases might be tried be- 
fore the justices of the peace, if the 
Legislature shall so provide by a 
jury of less than twelve, and misde- 
meanors tried by justices of the peace 
or inferior magistrates 

Mr. THOMAS. Mr. Chairman, The 
gentleman from Douglas (Mr. Wake- 
ley) has expressed the same opinion 
I entertain about this matter. I am 

I not particular about the form of 
words used, nor am I particular about 
the amendment I offered. 

Mr. HASCALL. The phraseology 
of the last proposition is very bad, 
but I think it carries out the idea. 

Mr. LAKE. I would suggest that 
the amendment be "trial of civil 
cases, cases of misdemeanor before 



222 



NUMBER OF JURORS 



ESTABROOK -THOMAS— LAKE 



[June 29 



the justices of the peace and infer- 
ior magistrates by a jury of less than 
twelve men, may be authorized by 
law." 

Mr. WAKELEY. If my colleague 
will put that amendment in writing 
I think it will accomplish the same 
purpose. 

Mr. LAKE. I will do so. 

Mr. ESTABROOK. Well, while 
the gentleman is writing his amend- 
ment I will speak. I presume that 
lawyers, so well versed in cases of 
the law, are not acting in this matter 
without being fully aware of the 
barriers to the proposed amend- 
ment. To criminal cases it is a mat- 
ter of considerable doubt. In all 
criminal prosecutions the accused 
shall enjoy the right to a speedy and 
public trial by an impartial jury. 
Now suppose the individual is charg- 
ed with a criminal misdemeanor and 
shall demand that he be tried by a 
jury — 

Mr. THOMAS. I would like to ask 
the gentleman what he reads from? 

Mr. ESTABROOK. The Constitu- 
tion of the United States, Article 5, 
"Bill of Rights." 

Mr. LAKE. I would like to ask 
the gentleman if the Constitution 
don't provide that the accused shall 
be indicted by a fair and impartial 
jury. 

Mr. ESTABROOK. Yes sir. 

Mr. LAKE. I would like to have 
the gentleman read the provisions in 
the Constitution, for trial by Grand 
Jury. 

Mr. ESTABROOK. I read from 
Article 5th of the Bill of Rights: 
"No person shall be held to answer 
for a capital, or otherwise infamous 



crime, unless on a presentment or 
indictmept by a grand jury, except 
in cases arising in the land or naval 
forces, or in the militia, wherein 
actual service, in time of war or 
public danger," etc. 

Now I under take to say that in 
no place can a person be held for a 
criminal offense without being in- 
dicted; and will anybody contend 
here that we can adopt laws that will 
run counter to the laws of the United 
States? 

Mr. THOMAS. Mr. Chairman, I 
will say that the article that the gen- 
tleman reads has to do with the 
United States courts, but has nothing 
to do with the State courts. 

The CHAIRMAN. The amend- 
ment as offered by the gentleman 
frorn Douglas (Mr. Lake) is as fol- 
lows: 

The right of trial by jury as here- 
tofore enjoyed, shall remain invio- 
late; but the trial of civil cases be- 
fore justices of the peace and police 
magistrates by a jury of less than 
twelve men, may be authorized by 
law. 

Mr. HASCALL. The Constitution 
of the United States provides that a 
person shall be tried for a criminal 
offense only after having been in- 
dicted by a grand jury. If the gen- 
tleman from Douglas (Mr. Esta- 
brook) considers that this provision 
applies to the State courts, how is 
It that the state of Michigan can 
abolish the grand jury system, as 
she has done? 

Mr. MANDERSON. Mr. Chairman, 
I will call the gentleman's attention 
to a provision in the Constitution of 
the state of Michigan. The Consti- 
tution of 1850 abolished the grand 



JURIES— BAIL— SEARCH WARRANTS 



223 



Thursday] 



MASON— WAKELEY -LAKE 



[June 29 



jury system, as to trial by petit jury, 
the Constitution of 1835 reads, "the 
right of trial by Jury shall remain 
inviolate, but shall be deemed waiv- 
ed in civil cases, unless demanded 
in the way prescribed by law." We 
have the precedent in Michigan, of 
the entire abolition of the grand jury 
system, as to the question as to the 
right to make this change from the 
Constitution of the United States. I 
may state, for the information of the 
gentleman that the matter was fully 
discussed among the members of the 
Committee on Judiciary, and we 
found cited numerous cases where it 
was decided that this provision ap- 
plied to the Federal courts only, and 
not to state courts. 

Mr. MASON. Mr. Chairman, I de- 
sire to offer a substitute — "but the 
trial of misdemeanors and civil cases 
may be authorized by law before jus- 
tices of the peace, police magistrates 
and inferior tribunals, etc." The sec- 
tion would then read — "The right of 
trial by jury as heretofore enjoyed, 
shall remain inviolate; but the trial 
of misdemeanors and civil cases may 
be authorized by law before justices 
of the peace, police magistrates and 
inferior tribunals by a jury of less 
than twelve men." 

The CHAIRMAN. Gentlemen, the 
question is upon the adoption of the 
substitute. 

Mr. WAKELEY. Mr. Chairman, I 
don't quite like the language, but I 
like the idea of the amendment of 
the gentleman from Otoe (Mr. 
Mason) I think I like the language 
of the amendment offered by my col- 
league (Mr. Lake) better. However, 
that is a mere matter of taste. 



Mr. MASON. Mr. Chairman, I 
withdraw my amendment. 

The CHAIRMAN. Gentlemen, the 
question is upon the amendment of- 
fered by the gentleman from Douglas 
(Mr. Lake.) 

The Convention divided and the 
amendment was adopted. 

The CHAIRMAN. Gentlemen, the 
question is upon the adoption of the 
Section 5 as amended. 

The motion to adopt was agreed to. 

Section Five, as adopted reads as 
follows: 

The right of trial by jury as here- 
tofore enjoyed, shall remain inviol- 
ate: but the trial of civil cases and 
misdemeanors before justices of the 
peace and police magistrates by a 
jury of less than twelve men, may be 
authorized by law. 

The Secretary read section sixth 
as follows: 

^ G. The right of the people to be 
secure in their persons, houses, pa- 
pers and effects against unreasonable 
searches and .seizures, shall not be 
violated, and no warrant shall issue 
without probable cause, supported by 
afBdavit, particularly describing the 
place to be searched and the persons 
or things to be seized. 

Mr. LAKE. Mr. Chairman, I move 
its adoption. 

The sixth section was adopted. 

The Secretary read section seventh 
as follows: 

^7. All persons shall be bailable by 
sufficient securities, except for trea- 
son and murder, where the proof is 
evident or the presumption great; 
and the privilege of the writ of hab- 
eas corpus shall not be suspended, 
unless when in case of rebellion or 
invasion, the public safety may re- 
quire it. 

Mr. McCANN. I move that the 
word "securities," in the first line. 



224 



ABOLITION OF GRAND JURY 



Thursday] 



MANDERSON— PHILPOTT-WAKELKY 



iJune 29 



be stricken out, and the word "sure- 
ties" be inserted. 

The motion was agreed to. 

Mr. MANDERSON. Mr. Chair- 
man. I move that the section be 
adopted. 

The seventh section was adopted. 

The Secretary read the eighth sec- 
tion as follows: 

^ 8. No person shall be held to 
answer for a criminal offence, unless 
on an Indictment of a grand jury, 
except in cases in which the punish- 
ment is by tine, or imprisonment 
otherwise than in the penitentiary, 
in cases of impeachment, and in cases 
arising in the army and navy, or in 
the militia when in actual service in 
time of war or public danger. 

Mr. PHILPOTT. I move to 
amend that section by adding, "Pro- 
vided, that the grand jury system 
may be abolished by law in all cases." 

I will say. Mr. Chairman, that my 
object in offering this amendment is 
this; that I think it ought to be left 
to the Legislature to abolish the 
grand jury system if they see fit. 
There was a time when we needed 
it, but at the present time it is need- 
less and a great deal of expense on 
the state. 

Mr. MAXWELL. Mr. Chairman, 
I am not in favor of abolishing the 
grand jury system. 

Mr. WAKELEY. Mr. Chairman, 
I am not willing to have the vote 
taken upon the proposition of the 
gentleman from Lancaster (Mr. Phil- 
pott) without some suggestion from 
those who are not yet prepared to 
yield acquiescence to the modern doc- 
trine that grand juries ought to be 
abolished. It has not been my for- 
tune, or misfortune, to live in a state 
■where this experiment has been tried. 



I know it has been said by lawyers 
and b}- people elsewhere or here that 
grand juries are a relic of a barbar- 
ous age, adopted to meet a need of 
civil society which no longer exists. 
I have lived where no man could 
be put upon trial for a criminal of- 
fense except on indictment found by 
a jury of his peers. The only ques- 
tion is whether an accusation can be 
made by some third party better than 
by a grand jury. If this power is to 
be vested in some other body there 
must be a responsible prosecutor to 
represent a man before a jury of his 
peers for trial upon a public charge. 
Shall it be the prosecuting attorney 
of the district and county? Now sir. 
without being able to speak from ex- 
perience at all I confess that my 
mind strongly clings to the idea 
that this system is a wholesome sys- 
tem. I know it is said that a secret 
inquisition sitting upon the conduct 
of men is contrary to the genius of 
our free institutions, and I know that 
men are often presented for trial by 
a grand jury who are not guilty, but 
sir, when twelve men have said, on 
the uncontradicted evidence before 
them, that they believe that a man 
has committed crime, there is some 
reason for a trial. I do not believe 
it will often happen that a man will 
be prosecuted from malice or from 
unreasonable cause. Upon the other 
hand I can imagine cases where 
crime is rife in thecommunity; where 
men have banded together for crimi- 
nal purposes, and have become 
stronger than any single arm: where 
public prosecuters. I care not how 
firm they may be, I care not how res- 
olute they may be to do their duty; 



ABOLITION OF GRAND JURY 



225 



Thursday] 



WAKELEY 



[June 39 



•would shrink ana quail before the 
conspiracy and combination to de- 
feat them all. Sir. I have seen such 
cases. I have lived in communities, 
and there is no man here, especially 
in this region west of the Missouri 
river, who cannot recall eastern cities 
where crime has overspread the au- 
thorities; where men have defied 
the laws; where men have taken 
the awful responsibility of life and 
death into their own hands; have 
overthrown the law; have usurped 
the functions of court, juries and ex- 
ecutors of law. In such a communi- 
ty as that, is it reasonable to expect 
that a single prosecutor, with no 
more interest in the preservation of 
order and the protection of life, per- 
son, and property than any other 
citizen, would brave such a combi- 
nation, and bring such men to the bar 
of the courts for trial? No sir! In 
such times as that, I insist that there 
is safety in this traditional institu- 
tion of a grand jury. I am unwilling 
to clothe the Legislature of this 
State with power to abolish that in- 
stitution. I hear no serious objection 
to the system except that it is expen- 
sive, or this phrase, that it is contrary 
to the spirit of the age, and of our in- 
stitutions. I believe that where one 
innocent man is put upon his trial 
under the grand jury system, without 
reasonable cause, I believe, that if we 
abolish that, 19 men, who ought to be 
put upon their trial, would go with- 
out justice. You cannot buy nor terrify 
2 3 men who constitute a grand jury, 
but influences may be, and will be, 
as they always have been, brought to 
bear upon individual men, which 
would have no effect upon a respon- 
15 



sible body like the grand jury. Now, 
sir, in this unstudied way I have pre- 
sented some reasons which lead me 
to think this law should pass before 
we authorize this innovation. I think, 
sir, if we give the Legislature any 
power over this subject, we ought 
not to clothe them with the power to 
abolish the grand jury system, we 
ought, in my judgment, to go farther 
than this, to leave it with the Legis- 
lature to provide, if experience shall 
justify the wisdom of so doing, that 
men may be put upon their trial for 
certain defined offences, without the 
intervention of a grand jury. I have 
been told, Mr. Chairman, by legal 
gentlemen from the State of Michi- 
gan, that under the existing system 
in that State, grand juries have no; 
been abolished, that the institution 
theoretically remains, but that it is 
discretionary with the courts wheth- 
er or not they have a grand jury 
called and empanelled. I do not 
speak from any knowledge of the 
system in that state, but such is my 
information. If we see that the 
Legislature of this State may 
abolish the system of grand juries, 
when they shall have exercised that 
power, they will have exercised it 
finally and beyond recall. If we give 
them power to abolish and they ex- 
ercise it, they will have no authority, 
as I understand it, to restore the sys- 
tem if experience should warrant the 
change. Now, sir, if a majority of 
this Convention think that the Legis- 
lature should be left free to venture 
upon this experiment, I would have 
it so provided that any mistake in 
the exercise of power might be cor- 
rected; in other words I would have 



226 



ABOLITION OF GRAND JURIES 



Thursday] 



PHILPOTT-McCANN 



[June 29 



this institution of grand juries re- 
main. 1 would not give the Legisla- 
ture power to abolish it; I would 
not go further than to allow them to 
try the experiment of dispensing with 
grand juries in certain cases; making 
provision for selecting grand jurors 
as usual and giving the courts of 
the State power to convene and em- 
pannel grand juries whenever the 
necessities, the exigencies or conven- 
ience of the public may require it to 
be done. I think I have no unreason- 
able prejudice or preposession in 
favor of grand juries, but I know 
that for 200 years grand juries have 
been looked upon as valuable auxil- 
iaries in the administration of justice 
in the land from which our govern- 
ment was derived, as well as under 
our Federal form of government, and 
in nearly all the States of this Union. 
I ask gentlemen to consider that 
every innovation is not necessarily an 
improvement, I ask them to go slow 
in overturning the ancient land 
marks of our criminal jurisprudence. 

Mr. PHILPOTT. Mr. Chairman, 
The object of this amendment is not 
to abolish the system but leave it in 
the hands of the Legislature, so that 
they may abolish it if they think it 
necessary. For my part, I should 
like the gentleman (Mr. Wakeley) 
to make an amendment to the effect 
he has stated. I would be willing to 
accept such an amendment. I should 
like to see that experiment tried in 
this state. I would like, at least, 
that this Constitution may be so 
formed, that they have an opportu- 
nity to try the experiment. 

Mr. McCANN. Mr. Chairman, Al- 
though not a member of the bar, and 



perhaps not expected to speak on 
this subject, I do sincerely trust that 
the gentleman from Douglas (Mr. 
Wakeley) will adhere to the position 
I understand him to assume. I hope 
no amendment will be made and no 
discussion will be left to the Legis- 
lature of this State to abolish grand 
juries. I admit, sir, that the grand 
jury system is expensive, I admit, 
at least I know, that it is often 
abused; but still, I believe, we cannot 
afford to dispense with it. I believe 
it is far better that we should expend 
thousands of dollars, and far better 
that we should submit to some 
abuses, rather than abolish this 
great land mark and that we should 
dispense entirely, or leave it in the 
power, at the discretion of the Legis- 
lature of the State to abolish this 
system, and thereby work a greater 
injury than can be experienced by 
submitting to this expense, and the 
abuses which may at any time ex- 
ist. I believe the interests of the State 
for the present and the future will be 
subserved by allowing this Article to 
remain just as it is. I hope no 
change will be made; I believe it 
was wisely formed and its workings 
will be for good. 

Mr. PHILPOTT. Mr. Chairman, I 
withdraw my amendment. 

Mr. THOMAS. Mr. Chairman, I 
desire to renew the amendment 
which has been withdrawn. I move 
to amend by adding the words "pro- 
vided, that the grand jury system 
may be abolished by law in all cases". 
It seems to me that it is highly prop- 
er that ,we should leave this matter 
to the Legislature. There was once 
a reason why the grand jury system 



ABOLITION OF GRAND JURIES 



227 



Thursday) 



THOMAS— MYERS 



should be insisted on, when it was 
in the power of any individual to 
prevent prosecution. I cannot see 
the necessity of a grand jury system 
as it is now, is it not useless, and is 
it necessary? Can any man say it is 
necessary that in all cases the grand 
jury should act? I admit there may 
be times when it is needed. Would 
not the Legislature provide tor the 
institution of a grand jury? I do not 
understand that we provide for the 
abolition, by any means. I do not 
understand that it has been abolished 
in those States where it does not ex- 
ist. I understand in Kansas, al- 
though there is no provision in their 
Constitution which requires indict- 
ment by grand jury in every case 
the judge is permitted, if he sees 
proper, to call a grand jury. Is it 
not better to leave this matter to the 
Legislature? It seems to me they 
will deal differently with this sub- 
ject than they did ten years ago. I 
am in favor of leaving it to the Leg- 
islature. I am satisfied that crimes 
will not go unpunished, but if it ap- 
pears that in any part of the country, 
or in any cases, that bands of men 
are bound together so as to prevent 
prosecution, the Legislature would 
make some provision to enable the 
courts to see they are properly pro- 
secuted. I do not understand that 
if the grand jury system is once abol- 
ished it can be instituted again. If 
that is desired I am in favor of some 
amendment to try the experiment, 
and if it does not work then to re- 
instate the grand jury system. I 
would like to see the amendment 
adopted. 

Mr. MYERS. Mr. Chairman, I 



happened to live the greater part of 
my life in a state where the grand 
jury system has existed for over 250 
years. In the great state of Penn- 
sylvania this feature in our admin- 
istration of justice was incorporated 
into her law the moment she attained 
the state existence; and it has con- 
tinued there, uninterruptedly, up to 
this day, without any complaints or 
effort to interfere with its operation. 
Although they have had but two con- 
stitutional conventions for a period 
of seventy odd years; and now have 
the power of altering their Constitu- 
tion once in five years, no attempt 
has been made to disturb that branch 
of administration of Justice; and in 
no other state has there been a great- 
er observance of the laws. No riots, 
no lynch law; but all, as far as I 
know, has been in strict observance 
of the law. I never heard objections 
brought to the grand jury system in 
that State; and I was surprised to 
find so much objection existed in the 
western part of our country. Is it 
not a saving of expense? The court 
is itself saved the annoyance of con- 
sidering cases unworthy of notice. 
And in cases where individuals are 
attempted to be dragged before 
courts of justice, there is a tribunal 
which fully investigates the char- 
acter of the charge, and if there is 
not suflicient cause it is discharged. 
I believe it would be unwise to confer 
upon the Legislature the power of 
abolishing or reinstating. Let it be 
still a part of our permanent system 
of Justice. I believe it to be an argu- 
ment against lynch law that persons 
shall have a trial and examination 
Into their cases by a jury; and that 



228 



ABOLITION OF GRAND JURIES 



Thursday] 



THOMAS— ESTABROOK 



[June 29 



shall answer all practical purposes. 
I hope the Convention will let it re- 
main as it now is. 

Mr. THOMAS. I wish to modifj' 
the amendment I offered, so as to 
provide that the legislature may 
provide for the trial of any or all 
Criminal cases without the interven- 
tion of a grand jury. 

Mr. ESTABROOK. That, Mr. 
Chairman, It seems to me, would en- 
able us to try the experiment, if it be 
an experiment, without abolishing 
the grand jury. This Legislature can 
exclude and leave the law as it other- 
wise would be without this. If It 
be so that you can now possibly do 
without it, hit upon some scheme 
that shall have reason and sense in 
it to take the bands from our heads 
that have been there for the past 
two hundred years, I am in favor of 
doing it. You now go to the expense 
of summoning and drawing sixteen 
men in our own courts, who attend; 
and a large portion are excused, so 
that before you get through you have 
twenty-five men, who are paid per 
diem and mileage. And what occurs 
in the grand jury room, and who, as 
a general rule, pretty much controls 
the grand jury? The prosecuting 
attorney, and when he desires an 
indictment should be found they find 
it. That is the general rule. Some 
cases are excepted. If we follow the 
rule as in Pennsylvania, invariably 
I think, it Is a rule, so well fixed there 
♦.hat the case before It goes into the 
grand jury room shall be heard by 
a committing magistrate. I think 
there is hardly a case in Pennsyl- 
vania and any of the older states, 
that, before it goes into the grand 
jury room is not brought under the 



review or a committing magistrate. 
Judge Black, of Pennsylvania, a for- 
mer judge in and Governor of Ne- 
braska, used to instruct the juries 
here in accordance with the rules 
of practice in Pennsylvania, that that 
was the right plan. I have known, in 
the practice I have had with grand 
juries, that there are very numerous 
instances where individuals seek the 
grand jury rooms for the purpose of 
making them an engine to carrj' out 
their own scheme for prosecution 
against some hated enemy or rival 
and if they secure an adjournment 
they go away and boast, as I have 
known in a thousand instances, that 
it was a prima facie charge of crime. 
It is not now as it was once. Under 
the provisions of the common law 
the grand jurors' oath contained an 
injunction of secrecy, which is omit- 
ted in our practice, and the man was 
guilty of contempt if known to reveal 
any of the secrets of the grand jury 
room. He is not now required to 
keep his own counsel. He goes in 
and out, and makes the proceedings 
of the grand jury room a matter of 
fireside conversation, and it is known 
broadcast, especially if there is any 
interest felt in the proceedings. It 
is known that originally, the grand 
jury was for the reason that the com- 
mon magistrate could not try. And 
it was for this reason that a court 
of impeachment was established, that 
a man be tried by his peers. But,' 
all these reasons have faded out and 
subsided. There are none in Ne- 
braska now. Xo man is fit to be a 
prosecuting attorney who is willing 
to stand up before a court and make 
his prosecution in the way of his pro- 



ABOLITION OF GRAND JURIES 



229 



Thursday] 



MAXWELL— MYERS 



[June 29 



fessional or official duty. So it does 
seem to me that the occasion for the 
grand jury has gone. I like the 
proposition of the gentleman from 
Nemaha (Judge Thomas). I have 
yet to find a State that once abolish- 
ed the grand jury which desired to go 
back to it. I do not know precisely 
the Michigan system, but we can 
study it. 

Mr. MAXWELL. Mr. Chairman, 
It has been contended that this grand 
jury system might be sustained with- 
out giving the Legislature power to 
modify it in any manner. Now, Mr. 
Chairman, my friend, the gentleman 
from Douglas (Mr. Myers) states 
that they have not had any riots in 
Pennsylvania where this system pre- 
vails. I think the gentleman has not 
been reading the papers lately, for 
there have been several riots within 
the past six months. 

Mr. MYERS. Will the gentleman 
permit me to explain. 

Mr. MAXWELL. Certainly. 

Mr. MYERS. Those riots did not 
arise from anything over which the 
courts had jurisdiction. 

Mr. MAXWELL. I did not know 
riots were graded. If a person vio- 
lates the law he is liable to come un- 
der the law. We all remember the 
whiskey riot there, a number of years 
ago; also quite a number within the 
last fifty years. Now, it does seem to 
me, Mr. Chairman, that a system 
which is ex parte, and does not try to 
get at the facts is a system to be de- 
precated in a free government. No 
man ought to be accused on a mere 
suspicion. What is the grand jury 
based upon? The State only seeks 
what will make out the case for the 



State. All the evidence that is re- 
quired is simply that which accuses 
the prisoner. Is it not better to 
have some system defined whereby 
you can examine into the merits 
when the prisoner can have a chance 
to show that he is not guilty. I think 
you can safely leave this matter in 
the hands of the Legislature. I would 
adopt a system of allowing the judge 
to draw a jury if he sees fit, would 
not the State of Michigan have re- 
pealed this law if it did not work 
well there? With the grand jury- 
system, any sneak can go before the 
grand jury and bring injury and 
trouble upon any one with whom 
he had had a difficulty. This is done 
frequently. I say if there is no other 
objection to the system but that, that 
is sufficient to condemn it. My friend 
from Douglas says that no district 
attorney will have backbone enough 
to do his duty, if he has no grand 
jury to back him up. Then the dis- 
trict attorneys should be removed and 
men of nerve put in their places. 
Now it is contended that if the grand 
jury is abolished, riots and lynch 
law will prevail. I ask you if the 
leaders in riots and lynch law have 
ever been prosecuted. I say that the 
gentleman cannot state a single in- 
stance where these men have been 
prosecuted by the grand jury. I will 
sa}' that before our being admitted 
as a state, that — we had but little 
use for grand juries in our county. 
The first court that convened in Cass 
county, after we became a State 
found about forty indictments and 
every one of those were quashed, the 
next grand jury found about sixty 
indictments, I think every one of 



230 



ABOLITION OF GRAND JURIES 



Thursday] 



[June S9 



these were quashed. The prosecut- 
ing attorney we had at that time was 
a man who was disposed to make all 
he could out of the position. My 
friend here, Mr. Kirkpatrick, was 
foreman of the grand jury, and the 
prosecuting attorney urged the grand 
jury to find indictments, each indict- 
ment representing $5.00 and perhaps 
perhaps forty or fifty dollars would 
be made by quashing. I trust we will 
give power to our Legislature to sup- 
press this great nuisance. 

Mr. LAKE. Mr. Chairman, Dur- 
ing the past four years I have 
been more intimately connected with 
grand juries than before. I agree 
with my colleague from Douglas (Mr. 
Wakeley) as to the benefits of the 
grand jury system. It also has its 
draw backs. It has features I like 
and features I don't like. In my ex- 
perience, I have about come to the 
conclusion that the expenses and the 
draw backs of the grand jury system 
are not repaid by the benefits. I 
think that in ninety nine cases out of 
a hundred there is no earthly use of 
calling a grand jury; but I would 
not like to sweep the system away 
at one stroke, but hope we may place 
it in such shape in our Constitution, 
that the system will be abolished 
gradually, if it is thought better to 
do so; trying its abolition in certain 
cases, and if found to work well, then 
adopt the system which exists in 
Michigan. We do not hear that the 
people of that state wish to return 
to the old tracks, but their system 
seems to work well. We all know 
that the system of grand juries in 
our circuit courts is so expensive that 
the taxpayers almost dread to have 



the grand jury called, and they also 
dislike to be called from their homes 
and their business to serve on grand 
juries, and then we know there are 
thousands of cases which come before 
grand juries, where there are ex 
parte examinations. It might be well 
to have the matter so that the Su- 
preme court would be empowered to 
call a grand jury if there seemed to 
be any necessity for it. If it is pro- 
posed to make some responsible per- 
son swear that the individual accused 
is guilty of a crime, then there is 
something to work upon — something 
tangible, and upon the first accusa- 
tion the accused is ready to meet the 
charge and refute it if he is not guil- 
ty. Many and many cases I have 
known in which accusations of this 
kind were made, witnesses having 
merely gone before the grand jury 
without any real case, and charged 
individuals with high criminal of- 
fences. Several states have abolish- 
ed the grand jury system, and finding 
that they are satisfied will it not be 
well for us to try the experiment? 
There is no more diificulty in charg- 
ing an individual with a crime upon 
the statement of a responsible per- 
son who is willing to swear thereto 
than there is in doing it through the 
agency of a grand jury, and there is 
no more difficulty in having a fair 
and impartial trial and in justice be- 
ing done than in leaving the matter 
to a grand jury, which listens to one 
side only. Let us try the experiment. 
Let us leave the matter to the good 
judgment of the Legislature. If 
they see fit upon full consideration 
of the subject to dispense, either in 
full or in part, with grand juries I 



ABOLITION OF GRAND JURIES 



231 



Thursday 



ROBINSON-PHILPOTT-MASON 



[June 29 



lor one am In favor of doing so. 

Mr. ROBINSOX. Mr. Chairman, I 
don't suppose I will be able to add 
anything to what has been said upon 
this question. I hope the amend- 
ment will prevail. The system of 
grand juries grew up in the dark 
ages, and it is, the work of barbar- 
ism. The time for the use of this 
kind of machinery in our courts, has 
passed, and the system should be 
done away with. This amendment 
leaves it in the wisdom of the Legis- 
lature to abolish or keep it. Nearly 
all the criminal cases that are now 
tried are first begun by a prosecution 
before an examining magistrate and 
if that is the case, it certainly cannot 
be argued here that prosecutions 
cannot be openly done, for if they 
have the courage to go before a 
magistrate with the grand jury sys- 
tem in existence they will do it with- 
out it, and that will certainly be the 
system adopted instead of this. I 
think we ought all to be willing to 
trust this to the work of our Legis- 
lature, as the people are willing to 
trust to our hands. Their work can 
be undone, our work cannot be un- 
done. 

Mr. PHILPOTT. Mr. Chairman, I 
wish to add only a word more. There 
are many counties in this state which 
are attached to other counties for 
judicial purposes. I have now a case 
before me where a man has com- 
mitted a crime in one county which 
is so attached, and he cannot be tried 
until an indictment is first found by 
a grand jury of the county where the 
crime has been committed, and he 
is compelled to lay incarcerated in 
prison until such jury can be had. I 



do think it would be proper for the 
] safety of society and the interest of 
the accused if he could be sent to 
some other county where a court is 
in session, without the intervention 
I of a grand jury and there be tried. 

Mr. MASON. Mr. Chairman, in 
considering the subject before us it 
deserves perhaps a careful investiga- 
tion and it is unsafe in my judgment 
to cut loose from the safe moorings 
of the past, unless some good reason 
can be offered for so doing. Now un- 
der the bill as at present framed the 
Legislature may abolish the grand 
jury system in every class of cases, 
except treason and crimes punishable 
by imprisonment in the penitentiary. 
Ought this Convention in removing, 
or wiping out an institution, that has 
so long done so much to protect the 
rights of the public? My recollection 
is not that it was inaugurated by the 
common people to secure to them the 
power to prosecute the balance, but 
as a barrier to stand between them 
and Kingly authority. It was saying 
to the King, you shall send no power 
to arrest or imprison us until we 
have been indicted of crime by a jury 
of our own country. Now, Mr. Chair- 
man, let us consider the ultimate end 
to be attained, it is to establish a 
competent accuser of him who has 
been guilty of crime. How often has 
it occurred here in the West where 
wealth and power have such a strong 
influence over men, that a man will 
be willing to speak In the chamber 
of the grand jury, but he stands pow- 
erless before the presence of the 
wealthy and influential criminal? It 
seems to me it is dangerous for com- 
petent reasons, to cut loose upon the 



232 



ABOLITION OF GRAND JURIES 



Thursday] 



[June 29 



wild sea of uncertainty, and trust 
ourselves to the sea of fashion that 
swells over the Legislative halls. I 
desire to call attention to the objec- 
tion urged by my worthy friend from 
Cass (Mr. Kirkpatrick) when he 
said that he knew a case where the 
prosecuting attorney was anxious 
■that the grand jury should put a 
person through and the grand jury 
refused to do it. How often is this the 
case that the grand jury has stood 
between an innocent citizen and 
wrong accusation to protect him from 
the power in the hands of the pro- 
secuting attorney? I say that it is 
against the spirit of our free institu- 
tions to put this power in the hands 
of one man. It is worth while to 
bear in mind the best portion of the 
Lord's prayer "lead us not into temp- 
tation," and sir, to clothe any one 
man with such power to accuse and 
arraign our fellow citizens is danger- 
ous to our civil liberties. 

My democratic friends and my re- 
publican friends, do you propose to 
put this power in the hands of one 
individual, when it is said to be un- 
safe in the hands of sixteen? It 
seems to me these considerations 
should lead us to consider whether 
we should go any further than this 
bill already does in this question. 
It is said it is safe to trust this in 
the hands of the Legislature. Pray 
what did the people send us here for, 
if it was not to stand up as barriers 
to the Legislative and other depart- 
ments? Why sir, if these things 
were safe, you need no Constitutional 
convention. 

It seems to me this is begging the 
whole question. But, Mr. Chairman, 



there are objections to my mind most 
serious, deep rooted, implanted in 
the very nature of human existence 
why this institution should not be 
eradicated in the establishment of 
government. First, never place in 
one man the power which ought to 
be exercised by 16 of 23. It is dan- 
gerous; he might otherwise be a good 
man, but when tempted with so much 
there is no knowing at what hour 
he may fall. Peter withstood temp- 
tation a while, but he denied his Mas- 
ter at the last. So when you place 
in the hands of one prosecutor the 
power of accusing any and every 
citizen, it is a dangerous investment 
of power; he will wield an influence 
over your county, especially in the 
class of cases preceding an election, 
dangerous to the whole social fabric, 
and might wrap the whole house in 
a flame and cause utter ruin. And, 
sir, all these things are no fancy 
pictures. Why, sir, the experience of 
the gentleman from Douglas (Mr. 
Myers) formerly from Pennsylvania, 
when he reads the experience of the 
State of Pennsylvania and her great 
legal lights with their learning, he 
finds a strong argument in favor of 
leaving the salutary power where it 
now is. And, sir, is it not most 
astonishing that in the very centers 
of legal learning, indeed, where we 
may say society has been crystalised, 
and the very fountain of progres- 
sion and the exercise of legal author- 
ity, not one of these old and great 
states has cut loose from these safe 
moorings. Not one gentleman can 
tell me just how far any of these 
new States have gone, not one of 
these is able to add the experience of 



ABOLITION OF GRAND JURIES 



233 



Thursday] 



MASON— MAJORS 



[June 29 



a single year to the authority of his 
arguments, to which I have address- 
ed myself, not one has been able to 
produce the report of the judiciary 
for it, of a single State, as to its 
workings. Then what are we to do. 
you propose to cut loose from one of 
the fundamental institutions of the 
country, that, I undertake to say, has 
not been less salutary in the exer- 
cise of its influence, and not less use- 
ful in its application to society here 
in free America, than it has been in 
Monarchial Europe. What do you do 
when you do this? Simply inaugu- 
rate the law of France as it stands to 
day and as it stood before the revolu- 
tion, nothing more, nothing less, and 
the prosecutor may send out his writ 
to arrest any citizen of this land. 
You are putting a dangerous power 
in the hands of this prosecutor, and 
gentlemen of this Convention, I be- 
seech you, in the language of my 
friend from Douglas (Mr. Wakeley), 
to pause and consider before you cut 
loose from this old ship and its safe 
moorings, that has banished crime, 
and purified and elevated society in 
more instances than one. No human 
institution can be perfect, no institu- 
tion of government can be perfect in 
all its workings. I do not oppose the 
amendment because of my dissatis- 
faction with the offspring of progress 
and law, I am in favor of every use- 
ful application of the principle of 
change, I must first see that no great 
danger is to happen to civil society 
from this change, and Mr. Chairman 
from these reasons I hope the amend- 
ment proposed by the gentleman 
from Nemaha (Mr. Thomas) will not 
prevail. 



Mr. MAJORS. Mr. Chairman, I 
have been listening with interest to 
the discussions that have proceeded 
from this question, and I confess 
that when the gentleman from Otoe 
commenced his argument in opposi- 
tion to the amendment, and after he 
stated that the principle and history 
of the organization of this right of 
a grand jury to first sit upon every 
case, was brought about in order to 
prevent power from controlling the 
feeble citizen, but that in order that 
the citizen demanded it to prevent 
the power of the law, and he argued 
it upon this line, condemning the 
reading oi otht'i's 'ha' took a differ- 
ent view, and iii the line of his argu- 
ment he based his effort upon the 
fact of protection against power. He 
stated to my mind, that to repeat 
this, no individual would be able to 
withstand the monied influence and 
the man of power in his neighbor- 
hood and bring him to justice. If 
the gentleman's position is correct it 
is certainly wrong. I do not sub- 
scribe to all the argument and reason 
of the gentleman in his conclusions 
in favor of the grand jury system. 
To my mind, Mr. Chairman, it is 
simply that the accused may enter 
his belief in the defense of the 
crimes charged in that bill of indict- 
ment, that being the only obje.ct 
for which the grand jury is empanell- 
ed, and that grand jury dependent 
upon the information of a witness 
brought before them, whose feelings 
and whose knowledge alone they rest 
their indictment upon. Why not al- 
low the individual witness who ap- 
pears before the grand jury to go be- 
fore the proper tribunal, and there 



234 



ABOLITION OF GRAND JURIES 



Thursday] 



MAJORS— MANDERSON 



[JuLe 29. 



upon nrs> otvu inionnalion, DacKed up 
by his own oath, set forth the bill of 
particulars against the accused, then 
and there allow the accused to go 
and confront him and enter his de- 
fense? I find some objections, in my 
observations and experience, in the 
history of this system of indictments, 
I have known myself many cases In 
which the guilty party has been no- 
tified of the action of the community 
in this direction, has left the country 
and escaped punishment thereby. It 
seems to me in these latter days in 
its workings, rather than to secure 
and bring a criminal to justice, it 
only drives and runs criminals from 
one State to another. The secrecy 
of the grand jury room seems to have 
been removed, and when a criminal 
is moved against In that direction by 
some means or another he finds out 
the workings of that jury and has 
timely notice that he is not needed 
any longer in this part of the country. 
It seems to me it is a useless expense 
and works no good at all to the com- 
munity, therefore I am certainly op- 
posed to the system as it is now in- 
augurated in our system of jurispru- 
dence. Again, the gentleman from 
Otoe (Mr. Mason) does not believe 
in giving the Legislature power to 
change the system. If it is right and 
proper to trust the interests of these 
smaller offences. If a citizen guilty 
of something inferior to that of an- 
other, who has been more aggravated 
in his wrongs and acts, why take 
more care of the grave offenders by 
the benefits of the grand jury? I 
think if there is any virtue in this 
position it should be extended to all 
alike. I think the power can be safe- 



ly invested with the Legislature to 
determine this matter. Notwith- 
standing we are members of a Con- 
stitutional Convention, we are sub- 
ject to law as well as legislators. I 
do not think transfering us from the 
Legislator's seat to that of a seat in 
the Convention makes us better men 
than before, and I am entirely will- 
ing to trust this matter in the hands, 
and wisdom, experience of the past 
and views of the future, with the 
Legislature that may represent the 
people directly. Therefore I shall 
favor the adoption of the amendment 
and shall vote heartily for it and 
hope to see it carried. 

Mr. MANDERSON. Mr. Chairman, 
I propose to take up the time of the 
Convention but a few moments on 
this question, but as the discussion 
has appeared to develop Itself into 
a relation of experience on this mat- 
ter of grand juries, I propose to give 
a little of mine in the State of Ohio. 
I had the honor to serve for a few 
years in the capacity of prosecuting 
attorney and in that position of 
course it was within the line of my 
duty to attend upon grand juries. 
Xow, Mr. Chairman, unless I am 
widely mistaken of the duty of a 
grand jury, they have a larger and a 
greater duty to perform than that 
suggested by the gentleman last up. 
He appears to think their duty is con- 
fined to the mere dressing up of com- 
plaints, that the grand jury Is merely 
to throw around the information, 
that legal verbiage common in in- 
dictments. AVhy not so, their duty 
is greater than this. They not only 
find bills, but they ignore bills; and 
in that part of their duty lies very 
largely the liberty and rights of the 



ABOLITION OF GRAND JURIES 



235 



Thursday] 



MANDERSON— SPRAGUE 



[June 29 



citizen. We were told by the gentle- 
man last up, that one of the objections 
to the grand jury system is that ow- 
ing to the fact that no oath is requir- 
ed from men jurors, criminals es- 
cape during their investigation or 
enquiry before the grand jury. Now, 
this is a matter in the control of the 
Legislature. If we retain the grand 
jury system there is nothing to pre- 
vent us from placing an oath to pre- 
scribe that any grand juror keeps 
secret all that occurs. I can add lit- 
tle upon the necessity of keeping this 
system of grand juries. I believe 
the experience of all men who have 
watched the deliberations of grand 
juries, is convincing of the fact that 
they are, as a rule, honest, and will 
not err. We are told that if it is prop- 
er that infamous crimes like treason 
or murder, and offences punishable 
by imprisonment in the penitentiary 
should pass through the grand juries' 
hands, that it applies with as much 
force to minor offences. Inferior 
crimes seldom deprive a citizen of 
his libertj". Upon information had 
before an examining magistrate, as a 
general rule, by himself or through a 
jury, passes upon the guilt or inno- 
cence of the accused and aflBxes the 
penalty. If it is an offence of a higher 
grade, it goes before the grand jury 
and inquest is had. Inferior crimes 
too, are bailable, and the figures are 
within the reach of most. We are 
told this is an expensive system. It 
seems to me we ought not to weigh 
dollars and cents against the liberty 
and safety of citizens. But, I say it 
is not an expensive system; and it 
seems to me the gentleman from 
Douglas struck the right nail on the 



head when he said that the grand 
jury, acting under its oath and with- 
in the line of its duty, kept out of our 
courts and from petit juries many 
frivolous cases that would otherwise 
go to them. A, desiring to inflict 
some punishment, perhaps on B, to 
secure vengeance or satisfy his mal- 
ice "goes to the prosecuting attorney, 
and says "Mr. Prosecutor, B has been 
guilty of such an offence, I am ready 
to make my complaint, and demand 
you to do your duty." The prosecut- 
ing attorney, it is proposed, shall 
usurp the province of the grand jury 
to a certain extent. He draws up the 
information, it is subscribed to, the 
oath made, and a warrant issued for 
the arrest of B. What would be the 
course before the grand jury in Ohio? 
It is required that the prosecuting 
attorney shall cause to appear, where 
the party has been bound over, all 
the witnesses examined before the 
authority that bound over. The 
grand jury have not only the oath 
and statement of the prosecuting 
witnesses, but he must bring all the 
witnesses by whom he expects to 
make his case and prove B guilty of 
the crime charged. It seems to me 
the gentlemen in the Convention are 
Sujh-eme judges, and I am loath to 
give to the Legislature the right to 
take away this privilege, which 
rightfully belongs to the citizens. 

Mr. SPRAGUE. It strikes me this 
is a very important matter, and we 
should not act hastily. And as one 
item strikes my mind which has not 
yet been spoken upon I wish to re- 
fer to it. Having had, in this State, 
some five or six years experience as 
a prosecutor, and it having been my 



236 



ABOLITION OF GRAND JURIES 



Thursday] 



SPRAGUE-MYERS 



[June 29 



duty during that time, to appear be- 
fore the grand jury and see the op- 
eration of this matter before them. 
I have frequently seen cases of this 
kind occur, and it might be well for 
us to consider whether they will not 
occur in the future. There is, upon 
the part of the witness, a disposition 
not to appear, even before the grand 
jury; and from the organization of 
the grand jury, coming from different 
portions of the county, they were 
sworn and a jury empanelled to en- 
quire into the commission of the of- 
fences, of an)' that might come within 
their knowledge. It is supposed they 
know of all crimes committed within 
their county; and when the oath is 
taken they are required to send for 
all witnesses. I have known grand 
juries compelled to remain in session 
for two or three days, when witnesses 
have tried to keep out of the reach 
of the officers. Now, if there is no 
person or authority to compel these 
witnesses to come before them, how 
shall we get them there in cases of 
this kind? It strikes me that in this 
thing alone it is important. It will 
cause offenders to be brought to jus- 
tice in cases of this kind who never 
will be brought in any other way. 

Mr. MYERS. I do not wish to de- 
tain the Committee by any lengtny 
observations on this subject, as it 
lias been so ably and thoroughly dis- 
cussed by the gentleman from Otoe 
(Mr. Mason) in whose opinion I en- 
tirely concur, and who has delivered 
a good argument in favor of this sub- 
ject, the best argument. The grand 
jury system runs through our whole 
form of government. It is one of 
the foundation stones of our Repub- 



lican institutions; and it is the 
foundation stone of Republican in- 
stitutions in England. It ran through 
the legislative departments of the 
Congress of the United States, and all 
other States of this Union. The Leg- 
islature of every State and the lower 
House of Congress is a grand jury 
when it prefers articles of impeach- 
ment against State officers, for mis- 
demeanor. How would it appear in 
State trials, where the grand jury 
prevails, in preferring these articles 
of impeachment, for an individual, ot 
his own motion, where there is no at- 
torney general, no judge, no power 
to investigate into the probable caus- 
es of allegation, to appear in the 
presence of the Senate, and make 
allegations of misdemeanors of of- 
fice, without being sustained? What 
a ridiculous position he would occupy 
in an event of that kind I But the 
laws, the organic laws, provide that 
allegations of this kind should be 
presented to the House of Represen- 
tatives. Each acts in the capacity of 
a grand jury; and from its own in- 
vestigation or its own knowledge, 
they frame articles of impeachment 
or indictment against those who have 
proved faithless to their obligations 
to the State. I hope the argument 
of the gentleman from Otoe will con- 
vince this Convention of the danger 
of abolishing the grand jury. It is 
true we have crushed kingly power 
in the United States, and this is the 
only power in the world which has 
done so; but there are other powers 
as insidious and powerful as a mon- 
archy which require to be moved. 
There are individuals who will crush 
out individual rights ot the citizen. 



ABOLITION OF GRAND JURIES 



237 



Thursday] 



STRICKLAND 



[JuDe 29 



therefore I want this bulwark of lib- 
erty, this foundation stone of our 
early fathers, who contended for that 
right before King John, preserved; 
I want that we should continue this 
custom in our State, notwithstanding 
that a few grown States have under- 
mined it. I stand here, upon the 
Rock of Ages, which has been prac- 
ticed in glorious Pennsylvania, and 
help to keep this guard of libertj' 
thrown around the rights of private 
citizens. I hope this Convention will 
not commit an act of suicide or felo 
de se in this case; but show to civi- 
lized nations that we will go govern- 
ed by their system. 

Mr. STRICKLAND. Mr. Chair- 
man, I have only a few words to say. 
I have had some little experience 
in this matter, having for four or 
five years past been a public prose- 
cutor, and I have observed the work- 
ings of this thing. The arguments 
used to-day by my friend Myers and 
the gentleman from Otoe (Mr. Ma- 
son) were used to continue and up- 
hold the idea that a man could be 
shackled and deprived of his liberty 
— the same ideas and the same high 
sounding eloquent words. If there 
Is anything which is tainted with 
barbarism, it is this secret tribunal 
called "grand jury." When the gen- 
tlemen talk about one man, the pro- 
secuting attorney, having so much 
power, they seem to forget that this 
same power is exercised by the grand 
jury, and the difference is this, the 
grand jury exercise their power in 
secret, while by the method proposed 
by those opposed to the grand jury 
system, this power is exercised in the 
open day, and the evidence is discuss- 



ed ana churges made in open courv. 

and not in this Star Chamber of se- 
crecy. Why look at the working of 
the grand jury room. The business 
is all done in secret. No man can 
enter the door without he is a pro- 
secutor. Suppose A is charged with 
a crime; he has five witnesses to dis- 
prove the charge, but the court in- 
structs the grand jury "you will re- 
ceive no witnesses for the defense." 
No witnesses to explain, or justify. 
No sir, but the informer sneaks in 
by a back door, and makes his 
charges, and the true honest man is 
not allowed to come in with his five 
witnesses and disprove the charges 
made by a sneak and a coward. The 
accusations upon which this man 
must stand a trial are made upon 
the information given by this sneak, 
who steps in by a back door. Is it 
possible this great country is to-day 
submitting to this? I don't wonder 
that gentlemen who have seen so 
much of it, condemn the whole sys- 
tem. If any man upon earth has 
reason to cry out against the system, 
it is the honest , upright judge who 
has seen its workings, and I am glad 
to see my colleague. Judge Lake 
take the ground he does. By the 
method proposed as a substitute for 
the grand jury, some responsible 
citizen makes complaint against the 
individual in open daylight, and then 
if the accusation is untrue, he can 
be contradicted. 

My friend. General Manderson, 
spoke about "frivolous cases." That 
is where they come in and little dirty 
frivolous cases. There is the place 
to spend all the gall and venom 
which some men possess. A great 



238 



ABOLITION OF GRAND JURIES 



Thursday] 



STRICKLAND-CAMPBELL 



[Ju 



39 



manj' cases of this character are 
brought before the grand jury, and 
the little dirty hate and spite are so 
easily seen, that the Judge sitting 
upon the bench, or the District At- 
tornej', quashes the whole thing. 
Often an indictment is found against 
an honest upright man, who, for 
months perhaps writhes in the agony 
of being the object of unjust suspic- 
ion, while the fellow who has done 
this, walks about the street in the 
image of his Maker, when he should 
have hoofs and horns. I have seen 
so much of this, gentlemen. How is 
it when a man's name is presented 
upon an indictment? Guilty! Guilty! 
Says the world, until he is placed 
upon trial and declared innocent by 
the traverse jury. What Is there, 
I ask in the name of Heaven, in a 
Republican government which neces- 
sitates this secret action? 

Why not open the doors and win- 
dows to the whole world, and let wit- 
nesses testify for an old friend and 
neighbor, and if there be an extenu- 
ating circumstance, let it appear? But 
no sir, this is not done. This entire 
system is wrong, and should be made 
right. If the laws of your state are 
defective, correct them. It is urged 
that District Attorneys would be 
afraid to do their duty If they were 
not backed by a grand jury. I don't 
believe it. For the four years I have 
done the business of United States 
Attorney, I have prosecuted charges 
made against individuals, when I be- 
lieved them to be correct, as a pub- 
lic prosecutor should. When a pub- 
lic prosecutor has not the nerve to 
do this, let him skulk to the rear. 
This is the way cases should be con- 



ducted. A complaint is made be- 
fore an examining magistrate, the 
magistrate hears both sides, and if 
he finds the evidence sufficient to 
commit, he commits, and the indivi- 
dual is brought before the court for 
trial. The Prosecuting Attorney 
draws up a complaint embodying the 
law and describing the offense. Xow 
liow simple that is, and it is all done 
in open court. In conclusion I beg 
pardon for taking up so much time. 
But what a simple thing it is to dis- 
pose of cases without all of this se- 
crecy. And there is a great deal of 
expense and disappointment connect- 
ed with this system. Very often a 
witness does not want to testify. How 
many times, in the United States 
Courts, witnesses run away. Xow look 
around for your volanted witnesses 
when the hour comes, and they are 
not to be found, they are gone — 
gone to California, or Pike's Peak, 
and then your District Attorney says 
"we have no case and a nolle" is the 
consequence. 

But, gentlemen, over and above all 
these considerations are the rights of 
persons to be faced by their accusers. 
I will state outside of that that the 
grand jury entails upon this State 
one third of the expense of the coun- 
try, yes sir, one third. 

Mr. CAMPBELL. Mr. Chairman, I 
would like to have every member on 
this floor give his reasons for or 
against this Article. I will give the 
reason in brief why I am not in favor 
of the Article. The arguments urged 
reminds me of the fable about the as- 
semblage of beasts to consult how to 
destroy man, because he kept them 
from killing one another. Just so 



ABOLITION OF GRAND JURIES 



239 



Thursday 



WILSON— WA KELEY 



[June 29 



they come up and want to do away 
with this system, because it keeps 
men from killing each other. 

The prosecuting attorney is gener- 
ally some little petifogging jack-leg 
of a lawyer in some of the counties, 
and they dare not bring an accusa- 
tion against my friend General Esta- 
brook who stands six feet in his boots 
not only literally but intellectually 
too. Let us stand by the good old 
system. 

Mr. WILSON. I did not intend to 
say anything on this subject. I am 
sorry to disagree with my friend 
from Nemaha. If I wanted counsel 
he would be the first man that I 
would go to. I knew a case of a man 
who had an interest of $2,700 in an 
estate, and others combined together 
and said let us send that man to the 
penitentiary and we shall easier se- 
cure the $2,700. The father and son 
came sneaking into the grand jury 
room to swear away the liberty of 
that man unknown to him. I saw at 
a glance what they were after, with 
others of the jury, and we refused 
to find a bill against him. For that 
reason I made up my mind if ever it 
was in my power to put down this 
grand jury system, I would labor 
ni^t and day for it. 

Mr. WAKELEY. Mr. Chairman, 
after the extended debate on this 
question it may be proper that I 
should have something more to add. 
I am glad that the discussion has 
been had. I have risen mainly to 
reply to the gentleman from Doug- 
las (Mr. Strickland) who has been, 
from his own experience as a United 
States prosecuting attorney of the 
State of Nebraska, surrounded with 



crime and felony, but not with moral 
and good conduct. Who is it in the 
land who fears this secret inquisi- 
tion sir? It is the murderers, the 
felon. The man whose evil crimes 
have been concealed, and whose acts 
are being Inquired into, it is the man 
who fears the law and justice. The 
good citizen of the State of Nebraska 
does not fear it, I do not fear it, you 
do not fear it: the gentleman who 
has denounced this system as an in- 
quisition does not fear it. But sir, 
the men who would have it abolished 
are the men who assault the lives, 
property and persons of our fellow 
citizens. Sir, the gentleman tells you 
that men sneak into the grand jury 
room and prefer complaints, and up- 
on ex parte evidence these indict- 
ments are found, and that these com- 
plaints are found to be baseless. If 
this system is to be abolished, in 
whom is this power to be vested? 
Will the gentleman say to this Con- 
vention that the public prosecutor is 
a safer power than the grand jury? 
Would it be safer for him as a pub- 
lic prosecutor to say that a man is 
guilty of a crime than to leave it to a 
grand jury of the different citizens of 
Nebraska? Two things are to be 
made out, one is that all men, who 
ever commit crime, shall be put on 
trial for it, the other is that men 
shall not be unjustly accused. Has 
not the gentleman observed that one 
of the main duties of the grand jury 
is to protect the innocent from unjust 
accusation? He says, I believe cor- 
rectly, when he says that very fre- 
quently crimes have been committed 
and no complaints have been made 
before examining magistrates, and 



240 



ABOLITION OF GRAND JURIES 



Thursday] 



CAMPBELL— WAKELEY 



[Ju 



sir, grand juries are empanelled just i men, good men and true coming 
to reach such, cases; when they from all portions of the county or 
come together they are charged as i district, sworn to be true and just, 
one of their duties to inquire into sworn to present no man from 
all crime that they know of having hatred, envy or malice, sworn to pre- 
been committed in their county, that gent no man from fear, favor or hope 
the guilty may be punished. Over '< of reward, than I would trust any 
and over again does it happen that prosecutor, I do not care whether in 
crimes which have not yet been pros- ' courts of the United States, or of 
ecuted are brought to the cognizance this State. I say there is more safety 
of a grand jury, indictments framed, I to the citizens, more safety to persons 
the accused put on trial, convicted j and property, when this body of men 
and punished. It is objected that ' are charged with a special duty of 
that the grand jury is a secret ' enquiring into crime, than when it 
tribunal; this Constitution will is left to a prosecutor who has, to 
not consider it a secret tribunal. It ■ some extent, the life, liberty and prop- 
has been, and will be, in the power l erty of its citizens in the hollow of 
of this State, if they think public jus- his hand. I would trust 12 men 
tice will be subserved, to order that where I would not trust one man. 
the accused may be heard in his own | xalk of men being unjustly accused, 
defense before the grand jury. My ; in my humble judgment, in all I have 



friend. General Manderson, says it is 
the law of Ohio, that when crime is 
for the first time presented to a 
grand jury that they should send off 
and notify the accused that an accu- 
sation had been made at their bar 
and required him to come there with 
his witnesses in his defense, would 
you not thereby defeat one of the 
great objects to a grand jury? 

Mr. CAMPBELL. I would like to 



seen, I say a great many more inno- 
cent men would be accused of crime, 
paraded in the face of the world as 
villians, if you left to any one man, 
I care not how wise or pure he may 
be, if you left that power to him, 
than when it takes 12 men acting up- 
on their oaths to accuse one of their 
fellow citizens. The people of this 
State, of other States where I have 
lived, have not complained of th# ac- 



enquire whether they can send for j tion of grand juries; whenever they 
witnesses. 

Mr. WAKELEY. They can, sir, 
and they are told over and over 
again from benches of this State, if 
in their investigations they have rea- 
son to believe that other witnesses 



had occasion to complain of venom 
and malice, it has been against oth- 
er instruments of law than grand 
juries. I sir, believe, it is the good 
citizens of the land who uphold 
grand juries. I believe it would be 



than those produced before them by I the criminals of the land who would 



the prosecutor can throw light on the 
case, it is their duty to send for them. 
Against all these arguments I say 
this, I prefer to trust a jury of 16 



be glad to see it abolished, and who 
would feel safer it it were abolished. 
"No rogue e're felt the halter draw 
with good opinion of the law." 



ABOLITION OF GRAND JURY 



241 



Thursday] 



STBICKLA ND- WAK>:LEY— LAKE 



[June 29 



What does the experience of this 
country teach? My colleague Irom 
Pennsylvania { Mr. Myers) has suggest- 
ed what all our reading and knowl- 
edge and experience has taught us. 
It is in the good old States where 
grand juries have prevailed from the 
beginning of government, it is in 
Massachusetts, the New England 
States, the old Empire State and the 
grand Keystone State, that criminals 
are most frequently brought to light 
when there is difficulty in convicting 
them. I have never heard any gen- 
tleman claim that more criminals 
were accused or convicted in States 
where this system had been dispensed 
with, than in those old States where 
they have proved it in its original 
strength and intact. 

Mr. Chairman, I do not care to 
trouble this Committee with further 
remarks upon this subject, I have no 
other interest than every member 
here or every citizen of the State has. 

Mr. STRICKLAND. May I ask a 
question? (to Mr. Wakeley) do you 
remember the charge of Judge Dundy 
on three several last courts, that the 
grand jury were to examine no wit- 
ness for the defense? 

Mr. WAKELEY. I do not know 
what Judge Dundy's charge has been. 
If he has instructed the grand jury 
what their duty is, he has told them, 
not that the accused could come 
there, that his witness be heard, but 
that so far as the investigations made 
by them and disclosures made before 
them, lead them to believe or suppose 
that light would be thrown upon the 
investigation by summoning other 
witnesses than those brought before 
them at the instance of the prose- 

16 



cution, it was their right and duty 
to bring those witnesses and hear 
their testimony. 

Mr. STRICKLAND. I will state 
that there is a statute of the United 
States, that compels the United States 
court to adopt the practice of the 
State in which it sits. 

Mr. LAKE. Mr. Chairman, I wish 
to say but a word more. I am glad 
this discussion has taken place, that 
we may know the views of the gentle- 
men representing the different por- 
tions of the State. I have listened in 
vain for any argument, why the 
system of grand juries should be con- 
tinued. We have heard it referred to 
as being of immense benefit in an- 
cient times, in other days, but not 
one argument as I apprehend ad- 
vanced in favor of continuing it at 
this time. We should not forget that 
it is not the intention, it is not the 
object of this amendment to the sec- 
tion now under consideration to 
abolish the system of grand juries; 
that is not the intention, it is to leave 
it to the experience of the Legisla- 
ture of the State hereafter to deter- 
mine whether or not it be best. If 
a broad proposition were presented 
here to day to wipe out irrevocably 
the system of grand juries, I would 
oppose it. because if it were wiped 
out in this manner, then it could not 
be reclaimed, it would be the end of 
it, but it is only proposed to leave 
it to the experience of the Legisla- 
ture, that if, in their good judgment 
it be found best, by a gradual aboli- 
tion, by modifying it from time to 
time and finally dispense with it en- 
tirely, the Legislature may do so; 
there is nothing imperative about it. 



242 



ABOLITION OF GRAND JURY 



Thursday] 



[June S» 



The argument has proceeded as 
though the fate, though the fortunes 
of a person accused of crimes was 
to be placed entirely in the hands of 
the prosecutor. Not so, it is to be 
left to Legislative provision; the 
Legislature are to provide if they 
think best some other mode of ac- 
cusing persons who may be suspect- 
ed of crime. It may be that they 
will throw other safeguards around 
the mode of accusation, safeguards 
which will be entirely adequate. Of 
course safeguards should be provid- 
ed. Responsible persons should be 
required to make the accusations, but 
these are arguments which will be 
more properly addressed to a Legis- 
lative assembly, met for the purpose 
of considering what substitute should 
be provided for this ancient and dis- 
honorable system. We are not here 
for the purpose, so far as this pro- 
posed amendment is concerned, to 
provide what shall be or may be done, 
we are simply proposing that the 
Legislature may in their good judg- 
ment, provide some other system of 
accusation, if they see fit not to do 
it then this provision, this system of 
grand juries will be continued. It 
is already provided in this article, 
in this section, that the grand jury 
may be abolished in petty offences, 
in cases of minor crime. Now it has 
been found to work well in that class 
of cases. 

If further experiment shall demon- 
strate that in cases punishable by im- 
prisonment in the penitentiary, that 
the grand jury may be dispensed 
with, then why not dispense with it? 
The experience of a year will not 
hurt us. It is not so dangerous a 



distinction that it will work preju- 
dicial to the State to leave it to an 
experiment of one year. If it be 
found to work disadvantageously, 
then at the next session of the Leg- 
islature that act may be repealed, 
and the system of grand juries, as 
provided for here, will remain a part 
of the Constitution. It is only leav- 
ing it to the good judgment of the 
State, the representatives of the peo- 
ple, who are as capable to judge of 
this matter as we, and who are as 
responsible and answerable to their 
constituents as we, to judge for them- 
selves and represent the wishes of 
the State in that regard. Shall we 
say to the people of the State they 
shall not exercise this right? It is 
a question to be determined here to- 
day. It is not saying to the people, 
"you shall not have a grand jury 
system," but "you may have it if 
you desire it." And is there a gen- 
tleman upon this floor who is unwill- 
ing to trust the people to determine 
this question for themselves? We do 
not propose to engraft upon this Con- 
stitution a provision which irrevoc- 
ably disposes of the grand jury sys- 
tem of the country. We do not feel 
like laying sacrilegious hands upon 
this great bulwark of British liberty. 
Reference has been made by several 
gentlemen to the hardships that work 
by reason of the present system. I 
have known many of them myseit. 
The gentleman from Lancaster (Mr. 
Philpott) referred to a case where 
there had been probably not enough 
disinterested men, or were not a year 
ago, at the time the crime was com- 
mitted in the county of Hamilton, 
to decide upon the case. That jury 



ABOLITION OF GRAND JURY 



243 



Thursday] 



would be willing to have an accusa- 
tion made against him if it could be 
done, and he would ask that a change 
of venue be made to some other 
county, and he would be willing to 
waive his trial, but the State cannot 
do this without the intervention of 
the grand jury. The proceeding of 
the court would be nullity. He can- 
not be proceeded against except 
through the intervention of a grand 
jury, and he must lie in jail and 
await the action of the authorities of 
the county for the calling of the 
court; and if there are not a neces- 
sary number of men to be found, he 
must be in jail until, through the in- 
strumentality of the tide of immigra- 
tion that is now going on, a sufficient 
number of men may be found to form 
a grand jury. It was said this system 
should be retained in order that com- 
binations of men might not thwart 
the law. How was it recently in the 
northern portion of the State? Why, 
sir, men have been taken and by their 
fellows in the open day, and on the 
Christian Sabbath, and fresh from the 
Christian church, these fellows have 
gone forth and hanged a victim to 
the nearest tree, without Judge or 
jury; and when the court has been 
called together and the grand jury 
instructed that if such and such had 
been done and was done, the result 
was that no indictments were found, 
notwithstanding that the thing was 
done in open day. Who was over- 
awed? The courts or the grand 
jury? It will not do to urge these 
exceptional cases against anj' system. 
I do not urge that as a reason why 
the grand jury system should be 
abolished, but for the purpose of 



showing that while the public pros- 
ecutor may be overawed, grand juries 
may be overawed in such a manner 
as to lead them to fail in a proper 
discharge of their duty. If these are 
the only reasons to be urged against 
the system I would not urge the 
favorable consideration of this amend- 
ment. But I say the benefits which 
accrue to the State; to the individual 
charged with the crime, do not begin 
to weigh down in the scale as against 
the evils and expense and other con- 
siderations which may be urged 
against the system with its disadvan- 
tages. And therefore, I trust the 
tenor of this amendment will not be 
lost sight of: that we shall bear in 
mind it is not a proposition to abol- 
ish, permanently, the grand jury sys- 
tem, but leaving it entirely to the 
people, as a safe repository where 
that power may be safely left; and if 
their experience, hereafter, shall 
prove it is not wise to abolish it they 
shall retain it on the statute books. 
It has been said that grand juries 
were bound to call in witnesses for 
the defense in the criminal court. 
It is not competent for the grand 
jury to call for witnesses for the de- 
fense, but only for the prosecution. 
It has been said it is a "star cham- 
ber" practice. It was a secret tribu- 
nal until recently. It is said the Leg- 
islature may provide how accusations 
shall be made against one charged 
with or suspected of crime; what 
responsible person shall make the ac- 
cusations; what the form shall be, and 
what chances will accrue to the ac- 
cused. All these are left to the Leg- 
islature, and it is safe to leave it 



2i4 



ABOLITION OF GRAND JURY 



Thursday] 



STRICKLAND -MASON 



[June 29 



there. Let us, at least, give the peo- 
ple of the State a chance to try the 
experiment. 

Mr. STRICKLAND. For the infor- 
mation of my colleague (Judge 
Wakeley), and my friend Dr. Camp- 
bell, of Otoe, I will read from the Re- 
vised Statutes, page 63 G: 

Sec. 194. In all complaints exhib- 
ited before the grand jury of any 
county, they shall hear the witness 
on behalf of the territory only, and 
may find an indictment on the oath 
of one witness only, or upon the in- 
formation of two of their own body, 
except in cases of treason or perjury, 
w""^n at least two witnesses to the 
same fact shall be necessary; and in 
finding a bill of indictment, at least 
twelve of the grand jury shall be 
present, and at least twelve of them 
shall agree to the findings: The 
foreman of the grand jury may swear 
or affirm all witnesses that may come 
before the jury. 

I think this is the law of the land 
now. 

Mr. MASON. I desire briefly to 
expose some of the plans urged by 
the gentleman last on the floor. It 
is said that the man in Hamilton 
county is willing that accusation be 
made against him, but that there 
are not sixteen men in the county 
but have expressed an opinion. If 
that be true, and there be sixteen 
men in the county, you have only 
to get those sixteen men together, 
and although each of these may 
have expressed an opinion, yet if he 
does not object to any of them they 
may bring up the indictment, and he 
take the change of venue and secure 
a trial at once. But we are told it is 
not abolishing the grand jury system, 
but simply giving the Legislature 
the power of abolishing it. We are 



sent here to take from the Legisla- 
ture all power to inveigle, and invest 
them with power to do good. Now, 
the question is, which is the safest re- 
pository, the power to abuse, one 
man or sixteen? And I desire to 
challenge the attention of my friend 
from Johnson to the case he put. If 
they had no prosecutor and that wit- 
ness had come in and made his case, 
do not you think that would have 
been a prosecution swearing; and 
was it not a fact that you had six- 
teen good men on that jury, whosaved 
that man from prosecution? And is 
not this a sound reason why this in- 
stitution should not be abolished? It 
is strange this thing should pass be- 
fore my mind at this time. Now, 
Mr. Chairman, when a change in a 
law is sought, it remains for those 
desiring this change to show the ben- 
ifits which will accrue therefrom. It 
has been stated here by one of the 
opponents of the grand jury system, 
that one third of the expenses of our 
State government was caused by this 
system. I was surprised that the 
gentleman from Douglas (Mr. Strick- 
land) should make this assertion, 
which cannot be sustained. It has 
been urged, too, that men come be- 
fore this "Star Chamber" and make 
accusations against their honest 
neighbors. Now if you select sixteen 
capable, upright men to serve as a 
jury, is it likely that an innocent man 
will suffer, or is it probable that one 
public prosecutor will be more hu- 
mane, more pure, or better qualified 
to discharge this duty? If a sneak- 
ing witness is to come in at a back 
door and testify against a neighbor 
is it not reasonable to suppose that 



ABOLITION OF GRAND JURY 



245 



Thursday 



MASON— LAKE 



[June 29 



he will influence one man more than 
he can Influence sixteen? Answer me 
this. Mr. Chairman, before I go any 
further, will you read the amend- 
ment? 

The CHAIRMAN, (reading) "Pro- 
vided, that the Legislature may pro- 
vide for the trial of criminal offences 
in all cases, without the intervention 
of a grand jury." 

Mr. MASON. Now if this amend- 
ment shall prevail, the Legis- 
lature have no right to reinstate 
that grand jury, although it may 
be found that the arrangement 
substituted therefor is sapping the 
very life of the State. In this case 
the Legislature has a special power 
given it, and, having exercised 
that power, its action cannot 
be revoked. Its power in this 
direction is gone forever, this, gen- 
tlemen, is one of the sophistries 
which I desire to explain, you vest 
a particular power to do a particular 
thing to the Legislature, and the ex- 
ercise of that power precludes the 
possibility of doing any other thing 
in that direction. 

Mr. LAKE. Do I understand the 
gentleman to say that the Legislature 
cannot repeal an act when it has 
once passed it? 

Mr. MASON. You understand me 
to say that when the Legislature is 
directed by this Constitution to do a 
particular thing, they cannot undo it 
after having done it. In support of 
this theory I might quote a work on 
"Constitutional Limitations". The 
gentleman from Douglas (Mr. Wake- 
ley) has stated some of the advan- 
tages of the grand jury system, 
most truthfully. Its uses in the past. 



its advantages to society entitle it to 
respectful consideration. We might 
cite a long age of British history to 
show that six hundred years ex- 
perience in that country has sanc- 
tioned this system. Take the gentle- 
man from Douglas (Mr. Strickland) 
who spoke with so much feeling on 
this subject — take his argument and 
what ideas has he advanced? I ask 
you Mr. Chairman, and every gentle- 
man of this Committee, if a witness 
can fool and deceive a jury of six- 
teen men as easily as he could a sin- 
gle prosecutor; or, take the other 
position; if a witness deceives six- 
teen men, could he not deceive some 
other institution that the Legislature 
might provide. Oh! gentlemen, let 
us look this thing in the eye. We 
propose to give to three men in this 
State power to act in" the place of 
sixteen men drawn from each county, 
and who are to take cognizance of 
the crimes committed in those coun- 
ties. I say where will 3'ou deposit the 
power to make accusations — where is 
the man to whom this power can be 
entrusted? If you go to the grand 
jury room and select sixteen good, 
true men and entrust the power of 
making accusations to them you are 
leaving the business in safe hands. 
I have no feeling in this matter, ex- 
cept that caused by a .desire to make 
safe provision for my children and 
neighbors, in this respect. I believe, 
as the gentleman from Douglas, 
Judge Wakeley has said, that the 
experience of six hundred years has 
shown the grand jury to be the safe 
repositor of this power to make ac- 
cusations, and I for one intend to use 
my influence against the innovation 



246 



ABOLITION OF GRAISID JURY 



Thursday] 



MASON— WOOL WORTH 



IJune 29 



urged. Let me ask each individual 
member of this Convention — let me 
aslv the gentleman who spoke so feel- 
ingly — is there any more danger of 
twelve honest men finding you guilty 
of a crime, than there is of one man, 
who perchance, is elected public pros- 
ecutor? Who is the most infallible, 
one man, or twelve? In the one case, 
in the language of Thomas Jefferson, 
you "are going to import a man to 
accuse you" would you bring a man 
from Otoe county to accuse the peo- 
ple of Lihcoln? Under the grand 
jury system, accusations are made by 
sixteen men who are taken from your 
midst — men who know you and all 
your affairs. They are your neigh- 
bors and friends, while under the ar- 
rangement proposed, you are to be 
accused of crime by a single man who 
knows nothing at all about you, but 
is peihaps an entire stranger. Mr. 
Chairman, my only excusa for occu- 
pying so much di your time must be, 
that I feel this is a dangerous innova- 
tion. I am not satisfied to commit 
the interests and the liberty of my 
own children and my own neighbors 
to the tender mercies of a prosecutor 
coming from another county. I had 
rather trust them to sixteen men 
taken from the hallowed precincts of 
my home. This power to accuse, in 
the language of the gentleman from 
Douglas (Mr. Wakeley) I had rather 
trust to sixteen of my neighbors, than 
to any man that the President may 
appoint, the Governor may appoint, 
or the people elect. It is simply a 
question as to wherein you will re- 
pose this power. Let us adhere to 
the good old customs of the past. In 
this, we will find security, safety and 



peace in the future, as we have found 
in the past. 

Mr. WOOLWORTH. Mr. Chair- 
man, I move that the Committee do 
now arise, report progress, and ask 
leave to sit again. 

The Committee divided and the 
tnotion was agreed to. 

Mr. GRIGGS. Mr. President. The 
Committee of the Whole have had 
under consideration the Bill of 
Rights, and have instructed me to 
report progress and ask leave to sit 
again. 

Mr. MYERS. Mr. President, I 
move that this Convention do now 
adjourn, to meet to-morrow morning 
at 9 o'clock. 

Mr. MANDERSOX. Mr. President, 
I move that when we adjourn to- 
morrow, that we adjourn to meet on 
Tuesday, July 11th. at 2 o'clock p. m. 

The motion was agreed to. 

Mr. MYERS. Mr. President, I re- 
new my motion to adjourn until to- 
morrow morning. 

The motion was agreed to. 

So the Convention (at six o'clock 
and five minutes) adjourned. 



FIFTEENTH DAY'. 

Friday, June 30th. 1S71. 
The Convention was called to or- 
der at nine o'clock, by the President. 

Prayer. 

Prayer was offered by the Chap- 
lain to the Convention, Rev. I/. B. 
Fifleld, as follows: 

Oh Father, God of Heaven and 
earth, this Convention would ac- 
knowledge Thy hand in the good tid- 
ings that have come from beyond the 



AGRICULTURAL COLLEGE LANDS 



24T 



Friday] 



ESTABROOK— WILKINSON 



[June 30 



sea — the tidings of tliis great victory 
of Peace. God bless the President 
of the United States and all the citi- 
zens of the Republic. God bless the 
British Queen and all her subjects. 
And now. Oh Father, guide, we be- 
seech Thee, the counsels of the morn- 
ing, may truth be sought by the Con- 
vention, that the people may be made 
glad; that our freedom may be es- 
tablished; that the State may become 
very strong. Amen. 

Reading of the Journal. 

The PRESIDENT. The reading of 
the Journal will be dispensed with 
for the present. The Secretary has 
not got it quite ready. 

Communications. 

Mr. ESTABROOK. Mr. President, 
Here are two communications which 
I would like to have read. 

The Secretary read as follows: 
Land Office, 
Dacota City, Nebraska. 
June 2G, 1S71. 
His Excellency 

\Vm. H. James. 
Act. Governor. 
Dear Sir: 

In reply to your communication of 
the 22d inst., I have the honor to 
submit the following statement: 

Sometime in the months of October 
and November, A. D. 1S70, Abram 
Deyo. an agent for the State, came 
to my office with a list of lands he 
had personally examined, and from 
which he informed me he intended 
to make selections in the name of the 
State of Nebraska, for Agricultural 
College purposes. Mr. Deyo remark- 
ed that he was not prepared to make 
the final selection of those lands and 
asked me to designate in some way, 
on the Government Platts, the vacant 
lands contained in his list and to 
retain them for a time, or until he 
could return to Lincoln and confer 
with the Governor, and then he would 
send me a list of approved selections. 



I designated those lands by the letter 
"S" in pencil on the plats, and in 
that way set apart ninety six thous- 
and acres of land, on Mr. Deyo's list, 
which, he remarked, was twenty-tive 
or thirty thousand more acres than 
he would likely wish to select in 
this district. 

After waiting four or five months, 
and receiving no list of selections, nor 
any formal application for the lands, 
I did not feel Justified in longer with- 
holding these lands from private en- 
try, but when parties applied for 
them. I invariably told them the 
situation of the lands. I have not 
thought, and do not now think, that 
the State acquired any right to these 
lands nor title in them by the action 
of the agent, neither do I think Mr. 
Deyo thought so himself. There still 
remains vacant of those lands exam- 
ined by Mr. Deyo, eighty four thous- 
and acres which is more than the 
State Agent expected to take from 
this District. 

I did not intend to. jeopardize the 
interests of the State, and do not 
think the lands remaining of Mr. 
Deyo's list less valuable than those 
taken. 

Hoping this explanation will be 
satisfactory, I remain. 

Very respectfully. 

Your obedient servant, 
GEORGE W. WILKINSON, 
Register U. S. Land Office, Dakota, 

Nebraska. 



Treasurer's Office, Cass County, 
Nebraska. 

Plattsmouth, Neb., June 28, 1871. 
E. ESTABROOK, 

Dear Sir: — In reply to a request 
from the Committee on Education, 
I would say that it would, at the 
present time, be impossible for me to 
get up such a statement as you want. 
The county clerk made out a full 
statement last winter for the Auditor, 
which you will find in his office. I 
have sent full reports of all money 
coming to my hands to the Auditor 
and Treasurer. 



2-18 



SCHOOL LAND SALES 



Friday] 



ESTABROOK—KIRKPA TRICK— McC ANN 



[June 30 



All moneys received here has been 
sent to the State Treasurer. 

It would take me two weeks 
steady work to get up a report that 
you want, at a cost of about Fifty 
dollars, which I am not able to pay. 
The report in the Auditor's office is, 
1 think, all that is necessary. 

Yours respectfully, 

W. L. HOBBS. 

Mr. ESTABROOK. Mr. President, 
I ask that those communications be 
referred to the Committee on Edu- 
cation and School Lands, that they 
may be embodied in their report. 

Mr. WOOLWORTH. Before this 
is done, Mr. President, I would like 
to ask whether this Cass county 
Treasurer is one of the number of 
county Treasurers who have been 
spoken of here as not having made 
proper returns to the State Treasurer. 

Mr. KIRKPATRICK. I would 
state, Mr. Pre^dent, that he is not 
included in that number. I know 
that full reports with regard to the 
school lands have been sent In from 
that office. The sales in our county 
amount to over $100,000. That is 
the amount for which the land has 
been sold and the required lOc^ and 
the interest has been paid. 

Mr. ESTABROOK. I would state 
that the Committee to whom the res- 
olution was referred making these 
inquiries, are preparing a little cir- 
cular to send to the different county 
Treasurers asking first: whether they 
have sold any school lands, second; 
what amount of money they have re- 
ceived, and whether it has been 
transmitted to the Treasurer of the 
State, and if so, whether vouchers 
have been received by the Treasur- 
ers of the counties. 

This coinuiunication coming from 



' the Treasurer of Cass county was 
received in answer to such a commu- 
nication from this Committee, and 
it looks to me rather suspicious; I 
think if the Treasurer had kept his 
books right he could make out a re- 
port very easily. 

I Mr. KIRKPATRICK. Mr. Presi- 
dent, I do not understand that the 
Treasurer is to keep an account of 
the lands sold, he keeps an account 
of the monies received. I know it is 
the duty of the county clerk to keep 
a record of the amount of land sold. 
The Treasurer now responds that all 
I of the money received by him has 
1 been paid into the State Treasury. 
: There is a condensed statement of 
j this sent in here and he refers to 
! that statement on file in the Audi- 
i tor's office. 

Mr. McCANN. Mr. President, I 
move that this matter be referred to 
the Committee on Education and 
School Lands. 

The motion was agreed to. 

Unfinished Business of the Pi-evions 
Day. 

The Secretary read a resolution of- 
fered by Mr. Scofield, as follows: 

WHEREAS: It is of the utmost 
importance to the safety of every 
State that it should always be in a 
condition of defense, and it is the 
duty of every man who enjoys the 
protection of society, to be prepared 
and willing to defend it, therefore. 

RESOLVED; That the militia of 
(his State at all times hereafter, as 
well in peace as in war. shall be 
armed and disciplined and in readi- 
ness for service. That all such of the 
inhabitants of this State who, from 
scruples of conscience, may be averse 
to the bearing of arms be excused 
therefrom by the Legislature, and be 
I required to pay to the State such 



MILITIA— ICE— STATE LAWDS 



249 



Friday J 



SCOFIELD-BOYD— SPEICE 



sums of money in lieu of their per- 
sonal services, as the same may, in 
the judgment of the Legislature, be 
worth; and that a proper magazine of 
warlike stores proportionate to the 
number of inhabitants be forever 
hereafter, at the expense of this 
State, established and maintained at 
such place within the State as the 
Legislature may designate by law. 

Mr. SCOFIELD. Mr. President, I 
move that the resolution be referred 
to the Committee on Military Affairs. 

The motion was agreed to. 

Incidental E.\penses. 

The PRESIDENT. A little bill 
presented here to the Secretary for 
expenses. 

The Convention will have to pass 
upon it. 

Ihe Secretary read the bill as fol- 
lows: 

Lincoln, June 30, 1871. 
State of Nebraska to S. Cooper, Dr. 
To 1510 pounds of ice furnished for 
the use of the Constitutional Conven- 
tion. $15.00. 

Received payment, 

S. COOPER. 
Approved June 30. 1S71. 

WM. H. JAMES, 
Secretary of State. 
Mr. MAJORS. I move that the ac- 
count be allowed. 

The motion was agreed to. 

Resolutions. 

Mr. BOYD. Mr. President, I have 
a resolution I wish to offer. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the Register 
and Receiver of the Dacotah land 
district, be and are hereby request- 
ed to with-hold from private entry, 
all lands selected as Agricultural 
College lands, in the manner indicat- 
ed in this communication, until the 



agent of the State shall have an op- 
portunity to perfect such selections. 

Mr. PRICE. I understand by this 
communication that there is eighty 
four thousand acres remaining yet 
of the selection not entered. I move 
the adoption of the resolution and 
that the clerk be requested to trans- 
mit a copy of it. 

Mr. MASON. I would ask if the 
clerk there has any power to do this? 

Mr. ESTABROOK. It will appear 
that he has from his offer. 

Mr. SPEICE. Mr. President, It 
seems to me that a request of this 
kind would be putting this Conven- 
tion in a very awkward position. If 
these are government lands. I do not 
see how the register of the land of- 
fice can refuse to allow any man the 
privilege of making an entry or fil- 
ing. If they are not government 
lands , if they already belong to the 
State, then there is no necessity for 
action of this character on the part 
of this body. If I was persuaded 
that action of this kind on the part of 
this body would save to the State 
84,000 acres of land, although it 
might be a little work. I think it 
would be wise for us to take such ac- 
tion; but I cannot see how we are go- 
ing to save these lands to the State if 
they are reallj' government lands. 

Mr. McCANN. Mr. President, The 
land oSicers at the Dacota office have 
been doing only what they were in- 
structed to do long since by the de- 
partment. These lands have been 
selected and checked off on their 
plats, and by circular addressed to 
the different land offices of this State, 
it became the duty of these officers 
to hold those lands. It is true these 



250 



AGRICULTURA.L COLLEGE LANDS 



Friday] 



CAMPBELL-McCANN— SPEICE 



tJune 3i> 



Officers have been expecting to re- 
ceive fees, that was under a misappre- 
hension of the law; they are not en- 
titled to fees for lands selected for 
Agricultural College purposes, it is 
so expressly provided, that they shall 
receive fees in all cases except lands 
for Agricultural College purposes. 
They have been performing that duty 
for a year past, and I trust they will 
perform that duty until not only the 
84,000 acres are secured to the 
State, but 90,000 acres to which we 
are entitled. 

Mr. CAMPBELL. There seems to 
be a misapprehension in this matter. 
The State appropriated money to pay 
for the selection of these lands. Now, 
I would like to know what is the 
right state of this matter. It seems 
that the officers declare they will 
save these lands if the land office 
fees are paid. This register and re- 
ceiver throw the responsibility on 
the State officers; the State officers 
throw it on the Legislature, that 
they did not pay for.it, the land of- 
ficers say the State officers had not 
selected them, nor taken the proper 
steps to have them selected. I 
would like to find out who is in the 
wrong in this matter. 

Mr. McCANN. Mr. President, It 
is true, as my colleague (Mr. Camp- 
bell) stated, that the last Legislature 
appropriated 2,500 dollars to pay 
these fees, but the last Legislature 
were laboring under the impression 
that these fees had been paid, in or- 
der to secure these lands to the State. 
That was not and is not true. That 
appropriation has not been disbursed 
by the Auditor and Treasurer, and I 
am assured by the Auditor that no 



warrant on that fund will be drawn 
now, as we have already before this 
Convention, the statement of the 
proper authorities, that these selec- 
tions were made, and as I said be- 
fore, have been checked off on the 
plats in that district, and no one of 
these selections ought ever to have 
been entered by any other party. 
-This Convention has already commu- 
nicated the steps necessary to secure 
these lands to the State and I hope 
this resolution will pass, that we may 
omit the performance of no one duty, 
or the taking of any step necessary 
to secure these lands to the Agricul- 
tural College fund. We can do noth 
ing more, we are not a Legislative 
body, and if we were, with this 
knowledge before us, we would not 
appropriate a cent to secure lands 
which are already ours, without the 
payment of any fee whatever. 

Mr. SPEICE. I would enquire 
whether a resolution did not pass 
here offered by the gentleman from 
Douglas (Mr. Boyd), to the effect 
that this body made enquiry in re- 
gard to these 3ame lands this resolu- 
tion pertains to. If the resolution 
passed, what has become of it? 

Mr. ESTABROOK. That resolu- 
tion was offered by me and not Mr. 
Boyd. 

Mr. SPEICE. I would enquire if 
that resolution does not meet the 
whole case. 

Mr. ESTABROOK. Oh, no. That 
was merely precautionary. 

The PRESIDENT. The question is 
on the adoption of the resolution. 
The motion was agreed to. 



NEWSPAPERS— ADJOURNMENT 



251 



Tuesday] 



WILSON— MYERS— PIPIELD 



Newspapers. 

Mr. WILSON. I move that the 
Secretary be instructed to have our 
newspapers stopped from the time we 
adjourn until the 11th of July. 

Mr. GREiMELL. I believe it has 
been customary to stop papers, they 
no doubt know we adjourn. 

The motion was agreed to. 

Adjonmment. 

Mr. MYERS. Mr. President, I 
move that we do now adjourn. 

The ayes and nays were demanded. 

The Secretary called the roll and 
the President announced the result. 
["Ayes" 26, "nays" 20, as follows:] 





AYES — 26 


Ballard, 


Myers, 


Campbell, 


Neligh, 


Curtis, 


Newsom, 


Eaton, 


Price. 


Estabrook, 


Robinson, 


Gibbs, 


Scofield, 


Granger. 


Shaff, 


Griggs, 


Speice, 


Hascall, 


Stevenson, 


Kenaston, 


Thummel, 


Kilburn, 


Thomas, 


McCann, 


Tisdel, 


Mason, 


Wilson, 




NAYS — 20 


Abbott, 


Majors, 


Boyd, 


Manderson, 


Cassell, 


Maxwell, 


Grenell, 


Moore, 


Griggs, 


Philpott, 


Hinman, 


Reynolds, 


Kirkpatrick, 


Sprague, 


Lake, 


Vifquain, 


Ley, 


Wakeley, 


Lyon, 


Woolworth, 


ABSENT 


OR NOT VOTING 


Parchen, 


Towle, 


Parker, 


Weaver, 


Stewart, 




And the 


Convention (at 



o'clock and forty-five minutes) 
journed. 



SIXTEENTH DAY. 

Tuesday, July lltu, 1871. 
The Convention met at 2 o'clock 
P. M. 

Prayer. 

Prayer was offered by the Chap- 
lain, as follows: 

O Thou, the Great Preserver of 
State and of men we thank Thee for 
the good providence that gives to us 
the privileges of this day. We thanli 
Thee for this new year of our Na- 
tion's life. May it be a year of 
abounding prosperity in all that gives 
sound and healthful growth; even a 
year of triumph for religion, liberty 
and law, through Jesus Christ our 
Lord. Amen. 

Leave of Absence. . . 

Mr. HINMAN asked leave of ab- 
sence for Mr. Abbott, in consequence 
of sickness. 

Mr. REYNOLDS asked leave of ab- 
sence for Mr. Parker, for the remain- 
der of the week. 

The PRESIDENT asked leave of 
absence for Mr. Grenell. 

Conininnicatloiis. 

The Secretary read the following 
communications: 

Department of the Interior, 

General Land Office, 

Washington, D. C, 

January 29, 1871. 

L. L. Holbrook, Esq., 

Secty. Neb. Const. Convention; 
Lincoln, Neb. 
Sir. — 

Referring to yours of 2 2d inst., 
relative to State selections for Agric. 
Colleges in Dakota City Land Dist. 



252 



STATE LANDS— ENGROSSING CLERK 



Tuesday 



MAXWELL— ESTABROOK 



[July 11 



I reply that I have this day directed 
the land offices to report the selec- 
tions to this office and make no fur- 
ther disposition of the lands. 
Very respectfully, 
WILLIS DRUMMOND, 

Commissioner. 

Department of the Interior, 
Washington, D. C, 
June 2Sth, 1871. 
Sir.— 

I am directed by the Secretary of 
the Interior to acknowledge the re- 
ceipt of your lettter of the 22d Ins- 
tant inclosing report of Committee 
on Education, etc., and to inform you 
that the same has, with the inclosure, 
been referred to the Commissioner 
of the General Land Office. 
Very respectfully, your 

obedient servant, 
J. L. DELANO, 

Chief Clerk. 
L. L. Holbrook, Esq., 

Secy. Neb. Constitutional Conven- 
tion, Lincoln, Nebraska. 

Unfinished BiD^iness. 

The Secretary read the following 
resolution: 

RESOLVED: That the Convention 
do now proceed to the election of an 
enrolling and engrossing clerk, who 
shall do such duties as shall be pre- 
scribed by the President. 

Mr. MAXWELL. I think it is un- 
necessary yet to proceed to make 
such appointments. I do not think 
there is anything for an engrossing 
clerk to do. We do not need such a 
person until an article is completed. 

Mr. ESTABROOK. As I under- 
stood it this resolution was super- 
seded by another resolution, by vir- 
tue of which the President was em- 
powered to employ what clerical 
labor he thought necessary. 

The PRESIDENT. It was postpon- 
ed and now comes up in its order. 



Mr. KIRKPATRICK. I under- 
stood this matter was disposed of by 
authority granted to the President 
by the Convention, to employ the 
necessary clerical assistance. 

Mr. CAMPBELL. That certainly 
was my understanding. 

Mr. ESTABROOK. To dispose of 
this matter, I move that it be laid on 
the table. 

Motion agreed to NEM. CON. 

Keports of Conunittees. 

Mr. ESTABROOK. I would like to 
state that I have received a large 
number of communications, in re- 
sponse to the circular we sent out to 
the different Treasurers, and I desire 
to meet the Committee on Education, 
School Funds and Lands immediately 
on the adjournment of the Conven- 
tion this afternoon. 

The PRESIDENT. The report of 
the Committee on Education, School 
Funds and Lands will be read by 
its title, unless some gentleman de- 
sires it read. 

The Secretary reads "Report of 
the Committee on Education, School 
Funds and Lands." 

The PRESIDENT. First reading 
of the Report. 

The Secretary reads the report 
again by title. 

The PRESIDENT. Second reading 
of the report. 

Mr. ESTABROOK. Mr. President, 
unless some gentleman will suggest 
something that may be profitable, I 
move that we adjourn in order that 
the Committees may go to work and 
be ready to go on with the work to- 
morrow morning. 

Mr. HASCALL. We have plenty 



SCHOOL LANDS AND FUNDS 



253 



Tuesday ] 



GRAY-NEWSOM-ESTABROOK 



[July 11 



Of work to do. I find my desk full 
of reports of Committees, all want- 
ing to be acted upon. I think after 
resting ten or twelve days we should 
be ready to go to work at once, I am 
opposed to the adjournment. 

Mr. GRAY. Mr. President. I 
move that we go into Committee of 
the Whole upon the report of the 
Committee on Schools. 

The PRESIDENT. Gentlemen, you 
hear the motion of the gentleman 
from Dodge — to go into the Commit- 
tee of the Whole upon the report of 
the Committee on Education, School 
Funds and Lands. 

The Convention divided and the 
motion was agreed to. 

So the Convention went into Com- 
mittee of the Whole, Mr. Stewart in 
the Chair. 

The CHAIRMAN. Gentlemen of 
the Committee, you have before you 
the report of the Committee on Edu- 
cation, School Funds and Lands. 

Mr. NEWSOM. Mr. Chairman, 
this report has come into my posses- 
sion within the last hour, and I have 
had no time to consider it. I believe 
the report of the Committee was not 
printed until after the adjournment; 
therefore, I move the Committee rise, 
report progress, and ask leave to sit 
again. 

Mr. ESTABROOK. Mr. Chair- 
man, I think the report might be read 
over now by the Secretary. We will 
gain some knowledge of it in that 
way. 

Mr. NEWSOM. Mr. Chairman, I 
withdraw my motion. 

The Secretary read the report as \ 
follows: 

Report of the Committee on Edu- | 



cation. School Funds and Lands. 

By E. ESTABROOK, 

Chairman. 
Mr. President: 

Section 1. The educational and 
school funds and lands of this State, 
shall be under the control and man- 
agement of the Legislature. 

Sec. 2. All lands, money or other 
property granted or bequeathed, or 
in any manner conveyed to this 
State for educational purposes, shall 
be used and expended in accordance 
with the terms of such grant, bequest 
or conveyance. 

Sec. 3. The following are hereby 
declared to be perpetual funds for 
common school purposes, of which 
the annual interest or income only 
can be appropriated, to wit: 

First, Such per centum as has 
been or may hereafter be granted by 
Congress on the sale of lands in this 
State. 

Second, All moneys arising from 
the sale or leasing of the sixteenth 
and thirty-sixth sections in each 
township of this State, and the lands 
selected, or that may be selected, in 
lieu thereof. 

Third, The proceeds of all lands 
that have been or may hereafter be 
granted to this State where, by the 
terms and conditions of such grant, 
the same are not to be otherwise ap- 
propriated. 

Fourth, The net proceeds of lands 
and other property and effects, that 
may accrue to the State by escheat 
or forfeiture, or from unclaimed div- 
idends or distributive shares of the 
estates of desceased persons. 

Fifth, All moneys, stocks, bonds, 
lands and other property now belong- 
ing to the common school fund. 

Sixth, All other grants, gifts and 
devises that have been or may here- 
after be made to this State, and not 
otherwise appropriated by the terms 
of the grant, gift or devise, the inter- 
est of which said funds, together with 
all rents of unsold school lands, and 



254 



SCHOOL LANDS AND FUNDS 



Tuesday) 



[July 11 



such other means as the Legislature 
may provide, shall be exclusively ap- 
plied to the following objects, to wit: 

(1.) To the support and mainten- 
ance of common schools in each 
school district in the State, and the 
purchase of suitable libraries and ap- 
paratus therefor. 

(2.) Any residue of such funds 
shall be appropriated to the support 
and maintenance of academies and 
normal schools, and schools of an in- 
termediate grade between the com- 
mon schools and the University, and 
the purchase of suitable libraries and 
apparatus therefor. 

Sec. 4. The Legislature shall re- 
quire by law that every child of suf- 
ficient mental and physical ability, 
between the ages of six and sixteen 
years, unless educated by other 
means , shall attend a public school 
supported by the common school 
fund, for some definite length of time 
each year, to be fixed by law, and 
may establish schools for the safe 
keeping, education, employment and 
reformation of all children of such 
age who are destitute of proper par- 
ental care, or who are growing up in 
mendicancy, ignorance, idleness or 
vice, which schools shall constitute a 
part of the system of common 
schools. 

Sec. 5. The Legislature shall 
provide by law for the establishment 
of district schools, which shall be as 
nearly uniform as practicable, and 
such schools shall be free and with- 
out charge for tuition, to all children 
between the ages of five and twenty- I 
one years. 

Sec. G. Provision shall be made 
by law for the equal distribution of 
the income of the fund set apart for 
the support of common schools, 
among the several school districts 
of the State, in some just proportion 
to the number of children and youth 
lesident therein between the ages of 
five and twenty-one years, and no ap- 
propriation shall.be made from said 
fund to any district for the year in 



which a school shall not be maintain- 
ed at least three months. 

Sec. 7. No University lands, Ag- 
licuitural College lands, common 
school lands, or other lands which 
are now held or which hereafter may 
be acquired by the State for educa- 
tional purposes, shall be sold for less 
than seven dollars per acre. 

Sec. 8. All funds belonging to the 
State for educational purposes, the 
interest and income whereof only 
are to be used, shall be deemed trust 
funds held by the State as trustee, 
and the State shall supply all losses 
thereof that may in any manner oc- 
cur, so that the same shall remain 
forever inviolate and undiminished; 
and such funds, with the interest 
and income thereof, are hereby sol- 
emnly pledged for the purposes for 
which they are granted and set apart, 
and shall not be transferred to any 
other fund for other use. 

S6c. 9. The location of the Uni- 
versity and Agricultural College at 
the Capital of the State, as already 
established by existing laws, is here- 
by sanctioned and confirmed, and 
said institution is hereby declared to 
be the University and Agricultural 
College of this state: Provided, that 
other Agricultural Colleges and ex- 
perimental farms may be established 
by the Legislature when the wants 
of the people may so require. 

Sec. 10. Schools for the benefit of 
the deaf, dumb or blind shall be fos- 
tered and supported. 

Sec. 11. The superintendent of 
public instruction, secretary of state, 
treasurer and attorney general shall 
constitute a board of commissioners 
for the sale, leasing and general man- 
agement of all lands and funds set 
apart for educational purposes, and 
for the investment of school funds, 
in such manner as may be provided 
by law. The superintendent of pub- 
lic instruction shall be the presiding 
officer of the board. Any three mem- 
bers shall constitute a quorum. Such 
board shall also have the general 



SCHOOL LANDS AND FUNDS 



255 



Wednesday] 



NEWSOM— STEWART— McC ANN 



[July 13 



management and control or the af- 
fairs of the state normal schools, 
and the state university and agri- 
cultural college, and shall take the 
place and do the duties of regents 
of said institutions. Such board 
sliall also have the general supervis- 
ion of public instruction in the state. 

Sec. 12. No sectarian instruction 
shall be allowed in any school or in- 
stitution supported by the public 
funds set apart for educational pur- 
poses. 

Mr. NEWSOM. Mr. Chairman, I 
renew my motion that the Convention 
rise, report progress and ask leave 
to sit again. 

Motion agreed to. 

Mr. STEWART. Mr. President, 
The Committee of the Whole have 
had under consideration the report 
of the Committee on Education, 
School Funds and Lands, and have 
instructed me to report progress and 
ask leave to sit again. 

Mr. McCANN. Mr. President, I 
move that the Convention do now 
adjourn until to-morrow morning at 
9 o'clock. 

Mr. CAMPBELL. Mr. President, 
I think it would be better to make 
this report the special order of busi- 
ness for 9 o'clock to-morrow morn- 
ing. 

Mr. HASCALL. Mr. President. I 
hope this report will not be made 
the special order of business at our 
hour of meeting, because I think It 
is our duty to take up the reports we 
have already been acting upon. 

Mr. CAMPBELL. Mr. President, 
The Chairman of the Committee on 
Bill of Rights will not be here until 
Wednesday or Thursday. 

The PRESIDENT. The question 
Is on the motion to adjourn until 9 



o'clock to-morrow. 

Mr. CASSELL. Mr. President, I 
move to amend until 10 o'clock. 

Mr. McCANN. I wish to remind 
the gentleman that It is time for us 
to go to work. I don't object to the 
adjournment of this afternoon but I 
do think we should meet at 9 o'clock. 

Mr. WEAVER. I move to amend 
by saying S o'clock instead of 10. 

The PRESIDENT. The question is 
on the motion of Mr. Weaver, to ad- 
journ until 8 o'clock. 

Mr. ESTABROOK. Mr. President, 
I rise to a point of order. The long- 
est time must be put first. 

The PRESIDENT. The question is 
upon the motion of the gentleman 
from Lancaster (Mr. Cassell) to ad- 
journ until to-morrow morning at 
10 o'clock. 

The motion was not agreed to. 

The PRESIDENT. The question is 
on the motion to adjourn until 9 
o'clock. 

The Convention divided and the 
motion was agreed to. 

So the Convention (at two o'clock 
and thirty-three minutes) adjourned. 



SEVENTEENTH DAY. 
Wednesday, July 12th, 1871. 
The Convention met at nine 
o'clock, and was called to order by 
the President. 

Prayer. 

Prayer was offered by the Chap- 
lain, Rev. L. B. Fifield, as follows: 

Most high mighty and merciful 
One; bless us this day; deliver us 
from evil;' make us wise unto truth. 
Permit not that we feed upon ashes. 



256 



REPORT ON STATE LANDS 



Wednesday] 



VIPQUAIN— ESTABROOK 



[July 12 



Show unto us the bread of life. Grant 
peace to our people, even peace and 
safety to all the people, we pray. 
Amen. 

Leave of Absence. ! 

Mr. PHILPOTT. Mr. President, I 
ask leave of absence for Mr. Robin- 
son and Mr. Cassell until to-morrow 
morning. Leave granted. 

Mr. CAMPBELL. Mr. President, 
I ask leave of absence for Mr. Mason 
until to-morrow morning. 

Leave granted. 

Mr. WILSON. Mr. President, I 
ask leave of absence for Mr. Eaton 
until to-morrow morning. i 

Leave granted. 

Reading of the Journal. 

The journal of last day was read 
and approved. 

Report of Standing Committee. 

Mr. ESTABROOK. Mr. President, 
the Committee on Education have a 
report, which will be presented by 
one of the members of that Commit- 
tee — General Vifquain. 

The Secretary read the report, as 
follows: 

PRESIDENT CONSTITUTIONAL 
CONVENTION. 
Sir: 

Your Committee on Education and 
School Lands has the honor to report 
that after comparing the returns of 
several County Treasurers with the 
report made to this Convention by the 
State Auditor, we find thsit in seven 
counties, the difference against the 
Auditor's report is to the amount 
1,498 acres, at an average price of 
$8.1G per acre, or $12,253.68 against 
the school fund; and taking this as an 
average of the little mistakes that 
have been made, the school fund so 
far, including sales made previous to 
1871 only, should be short of 8,700 
acres, or not less than $70,000; fur- 



thermore the interest paid on the 
sales on school lands during 1867, 
1868, 1S69, and 1S70, as reported by 
the Auditor amounts to $100,839.61; 
when taking it all together from the 
first sales made up to Jan. 1st, 1871, 
it should amount to at least $250,- 
000.00, making again a little differ- 
ence of about $149,000 against the 
school fund. We are unable to find 
where the mistakes are made, and we 
earnestly suggest that this Conven- 
tion will so secure the funds, so as to 
prevent any further oversights. 

We will also report that the 
amount of school lands in the State, 
will approximate just about 3.000,- 

000 acres of land. 

Sub;-utted bv, 
VICTOR VIPQUAIN. 

Appendix. 

In Douglas county difference 
against the school fund acres 120 
Burt county, difference, acres 980 
Cedar county, difference, acres 820 
Hall county, difference in favor of 
Auditor, acres 2169; Colfax county 
they agree, Dacota county, against 
the State, acres 360; Washington 
county, in favor of Auditor, acres 
860. 

Mr. ESTABROOK. Mr. President, 

1 presume that report will be printed. 

The PRESIDENT. No objection 
being made the usual number of cop- 
ies will be ordered printed. 

Resolutions. 

Mr. VIFQUAIN. Mr. President, I 
offer a resolution. 

The Secretary read the resolution, 
as follows: 

RESOLVED: That this Conven- 
tion take pleasure in granting the 
privilege of this floor to General 
John M. Thayer. 

Mr. VlFQUAl.X. Mr. President, I 
move the adoption of the resolu- 
ion. 

Motion agreed to. 



EDUCATIONAL BEQUESTS TO STATE 



257 



Wednesday] 



McCANN— NEWSOM— ESTABROOK 



[Julj- 12 



Committee of the Wliole. 

Mr. McCANN. Mr. President, I 
move that this Convention now re- 
solve itself into Committee of the 
Whole, for the purpose of considering 
the report of the Committee on Edu- 
cation. 

Motion agreed to. 

So the Convention went into Com- 
mittee of the Whole, with Mr. 
Stewart in the Chair. 

The CHAIRMAN. Gentlemen of 
the Convention; we have now under 
consideration the report of the Com- 
mittee on Education. The report has 
been read by the Secretary, and is 
now ready to be considered by sec- 
tions. The Secretary will read the 
first section. 

The first section is read by the 
Secretary as follows: 

Sec. 1. The Educational and School 
Funds and Lands of this State, shall 
be under the control and manage- 
ment of the Legislature. 

The CHAIRMAN. Gentlemen, 
what shall be done with the section? 
If there is no objection it \vill be 
considered adopted — It is adopted. 
The Secretary will read the second 
section. 

The Secretary read the second sec- 
tion as follows: 

Sec. 2. All lands, money or other 
property granted or bequ-^athed, or 
in any manner conveyed to this State 
for educational purposes, shall be 
used and expended in accordance 
with the terms of such grant, be- 
quest, or conveyance. 

Mr. NEWSOM. I desire to amend 
that section. My object is this; I 
do not believe it is the purpose of this 
Convention or any member of It to 
advocate sectarian ideas, and I be- 
lieve, under the provisions of that 



section, it may be possible to make 
the State the educator of sectarian 
views. "All lands, money or other 
property granted or bequeathed, or 
in any manner conveyed to this State 
for educational purposes, shall be 
used and expended in accordance 
with the terms of such grant, be- 
quest, or conveyance." That is the 
way the section reads. I believe it 
will be possible that a sect 
should grant to the State money to be 
used in a specific way, and I take It 
for granted the State would bepome 
the agent of this party, for the edu- 
cation of children for certain denomi- 
nations. I do not believe It was the 
intention of the Committee to make 
this mistake. I move to strike out 
the words "or In any manner convey- 
ed to this State, for educational pur- 
poses.". 

Mr. ESTABROOK. Mr. Chairman, 
I would call the attention of the gen- 
tleman to section 12 of this report, 
which reads — 

Mr. NEWSOM. Section 12 fixes this 
matter so far as public funds are 
concerned, but it does not apply to 
money conveyed to the State. 

Mr. HASCALL. Mr. Chairman, 
the objection the gentleman raised to 
the section could be obviated by strik- 
ing out the latter part of the section 
so that it would read as follows: 
"Shall be used and expended" for 
that purpose. 

Mr. ESTABROOK. It strikes me, 
Mr. Chairman, that is just exactly 
what it says now. "All lands, money 
or other property granted or be- 
queathed, or in any manner conveyed 
to this State for educational pur- 
poses, shall be used and expended in 



258 



SECTARIAN EDUCATION BY STATE 



Wednesday] 



HASCALL— NEWSOM— McCANN 



[July 12 



accordance with the terms of such 
grant, bequest or conveyance." It is 
only when conveyed for educational 
purposes that the section applies; and 
then the grant is to be employed for 
that purpose. 

Mr. HASCALL. Mr. Chairman, I 
do not understand that it would 
mean the same; there might be con- 
ditions in the grant that the State 
might ignore if the words "terms of 
such grant bequest or conveyance" 
were stricken out. 

Mr. ESTABROOK. Let me inquire 
of my colleague (Mr. Hascall) if he 
does not think the 12th section does 
not fully guard against this objec- 
tion? 

Mr. HASCALL. My attention had 
not been directed U' that section un- 
til now. I believe it does. 

Mr. NEWSOM. I move Mr. Chair- 
man, to strike out the second section 
and insert my amendment as a sub- 
stitute. 

Mr. KIRKPATRICK. How would 
the amendment read? 

The Secretary read the substitute 
as follows: 

All lands, moneys, or other proper- 
ty donated, granted or received for 
school, college, seminary or univer- 
sity purposes and the proceeds there- 
of shall be faithfully applied to the 
objects for which such gifts or grants 
were made. 

Mr. NEWSOM. The difficulty in 
my mind is that the section might 
make the State the instrument for 
the education of sectarian views. For 
instance, a Presbyterian may desire 
to bequeath his property for the ed- 
ucation of the children of the land in 
Presbyterian views. He, under this 
section, bequeathes his property to 



the State, and by that the State be- 
comes the agent of such sectarian 
education. My object is to allow a 
man to bequeath his property as he 
choosy; but do not let us make the 
State the educator of sectarian views. 

Mr. McCANX. Mr. Chairman, I 
can hardly conceive of a case arising 
that will meet the objection of my 
colleague (Mr. Newsom,) we have in 
this State as in other States, differ- 
ent denominational colleges, such as 
Baptists, Congregationalists, and etc., 
I do not believe that such bequests 
as that referred to would be made to 
the State but that they would be 
made to the denominational institu- 
tions. I have no fear of such be- 
quests being made in the history of 
our State or of this Constitution at 
least. We know that such bequests 
are frequently made, but they are in- 
variably made to the denomination 
represented, and not to the State. I 
like the section as it is. I have no 
objection to the gentleman's amend- 
ment, but I do not believe it is nec- 
essary. If the State accepts, it 
should be applied for the purposes 
for which it is bequeathed. 

Mr. SPRAGUE. Mr. Chairman, I 
cannot for the life of me see any 
difference between the section as it 
stands and the amendment pro- 
posed. If the State accepts a be- 
quest it must accept it for the pur- 
pose made and the State can only 
apply it for that purpose. Hence I 
see no object in adopting the substi- 
tute. 

Mr. TOWLE. I would ask the gen- 
tleman from Otoe (Mr. Newsom) if 
that substitute is not almost the 
same language as that in the section? 



SECTARIAN EDUCATION BY STATE 



259 



WedDesday] 



NEWSOM-TOWLE 



[July 13 



Mr. NEWSOM. No sir. The sec- 
tion provides that money may be be- 
queathed or conveyed to the State, 
and so make the State a party in 
tarrying out sectarian views; but the 
amendment does not make the State 
a party. 

Mr. TOWLE. Mr. President. I 
cannot see much difference between 
the section as it now stands and the 
the section offered by the gentleman 
from Otoe (Mr. Newsom), but it 
appears to me that the section should 
stand as reported by the Committee. 
The language as it is in this section 
2, and as used by the Committee 
may not go far enough; may not 
reach and cover ground enough; yet 
if specific bequests are made they will 
stand under the general laws, and 
can be applied and used only accord- 
ing to the specific terms of the be- 
quest, will or conveyance which 
makes a grant to any religion, or any 
school association. It was suggested 
by the gentleman from Otoe (Mr. 
McCann,) it is usual and customary 
in all cases where individuals desire 
to bequeath money to religious de- 
nominations, to bequeath it directly 
and specifically to them, they having 
corporate existence, having trust 
deeds; and the executors or other rep- 
resentatives of that person's estate, 
if they find out, or it comes to their 
knowledge that the exact terms are 
not being carried out, it can be stop- 
ped. I understand this, where money 
is to be bequeathed to the State Uni- 
versity, where it shall be given to 
any other State Institution, agricul- 
tural college, or other universities 
that may be established hereafter, 
when money is given to one, it can 
be applied only to that college and 



cannot be turned into any other fund. 
For instance, in our own university, 
if some individual should die wealthy 
and should be desirous of bequeath- 
ing a sum of money for the law part 
of the university, the object is that 
that money could not be applied to 
the building up of any professorship, 
excepting the professorship of law. 
We find in other States that money is 
left for enlarging one individual 
branch of different colleges; placing 
them in a position where they can 
compete with other colleges, in medi- 
cine, law or any other knowledge. I 
lake it that the section s' ould stand; 
that it was placed in there for that 
very identical and specific purpose — - 
that where an individual had his 
heart and soul set upon it, and grant- 
ing to a certain university a corps of 
professors, if he wished to stimulate 
the growth of any one certain branch 
of knowledge in this State — it should 
be carried out in that direction and 
in that particular, and should be 
charged to no other particular what- 
ever. And if the State is not in a 
condition, or if the amount is not suf- 
ficient, and it shall revert back to the 
original donor, or be allowed to ac- 
cumulate until it is sufficient to ac- 
complish the purpose desired, it only 
tells to the State and Legislature that 
this individual is anxious that for 
this specific purpose this money 
should go; and that the Legislature 
should nqt have power to divert it in 
any other direction than was the will 
and wish of the man who gives the 
money for this purpose. I think 
this section should stand. I believe 
the section should stand to guard ir- 
revocably the intention of the will ot 



260 



EDUCATIONAL BEQUESTS TO STATE 



Wednesday] 



HASCALL— KIRKPATRICK— ESTABROOK 



[July 12 



the person who has bequeathed prop- 
erty. 

Mr. HASCALL. Mr. President, I 
believe this amendment should be 
adopted entire, to guard the State 
against sectarian schools. I shall vote i 
in favor of the amendment because I [ 
believe the language of the proposed ; 
amendment is better and clearer and 
will place the matter in a better light 
than the original report. In refer- 
ring to the Illinois Constitution un- 
der the head of education, I find the 
proposed amendment is an exact copy 
of section two, which reads "all 
lands, moneys or other property, do- 
nated, granted or received for school, 
college, seminary or university pur- 
poses, and the proceeds thereof, shall 
be faithfully applied to the objects 
for which such gifts or grants were 
made". If that section is adopted 
there can be no debate as to the in- 
tention of the Constitution upon the 
point. The only objection that 
seems to apply to this section, as re- 
ported, is this, "that it shall be ex- 
pended in accordance with the terms 
of such grant, bequest or convey- 
ance." There might be cordltions or 
terms attached to the grant, that if 
this section remained here, would 
leave the argument that the donors 
might claim should be carried out to 
the letter, and it might be repugnant 
to the intention and spirit of the Con- 
stitution, therefore I see no objection 
to substitute the proposed amend- 
ment for the section as reported, and 
that leaves it without any doubt as to 
its meaning or effect. 

Mr. KIRKPATRICK. I like the 
substitute of the gentleman better 
than the original provision, and after 
all, I am not sure that either of them 



are right. If I understand the mat- 
ter I suppose the intention of sec- 
tion two is that the objects of the 
donor should be carried out rigidly 
according to the terms made. 

Mr. ESTABROOK. If any thing 
better can be offered than any sec- 
tion, I hope it will be adopted, be- 
cause what I desire is to get the very 
best schools that can be conceived. 
This report covers the entire ground 
and is more comprehensive in its 
terms. Moreover, it seems to me, it 
covers much more ground in less 
words, because in the terms of the 
Article proposed, which has been 
copied, and it seems we cannot get 
on without the 111. Constitution — 
that which has been copied from the 
Illinois Constitution, confines the ap- 
plication exclusively to certain kinds 
i of grants or bequests. It does not 
! cover the entire ground of all con- 
I veyances made for additional pur- 
poses as does the second section, but 
speaks only of such grants or be- 
quests as may have been made for 
certain specific objects. "Section 2. 
All lands, moneys or other property 
granted or bequeathed, or in any 
manner conveyed to this State for 
educational purposes, shall be used 
and expended in accordance with the 
terms of such grant, bequest or con- 
veyance." It seems as though it cov- 
ered all kinds of education. Is it not 
more elegant? Is it not neater 
phraseology? The only difference I 
can see is "and the proceeds thereof 
shall be faithfully applied to the ob- 
jects, etc." It says it shall be used In 
accordance with the terms of such 
grant. Are we going to tinker up 
this Article without any substantial 



SECTARIAN BEQUESTS TO STATE 



261 



Wednesday 1 



MAXWELL— NEWSOM 



(July 



reason? One portion is made and 
dovetailed into the other, and subse- 
quent portions are made with respect 
to former portions. It seems to me 
that all to be desired is accomplish- 
ed by this. It provides that all land 
and money bequeathed shall be ap- 
plied in accordance with the terms 
of the grant. You cannot take uni- 
versity grants for agricultural col- 
lege purposes, nor agricultural col- 
lege money for common schools. Un- 
der this an individual may make a 
bequest of land or other property for 
the benefit of the deaf and dumb. 
It provides simply that the fund be- 
stowed should be expended for the 
uses and purposes of the education 
of the deaf and dumb, not agricultur- 
al college nor common schools; sim- 
ply for the purpose named in the 
grant. This is accomplished here. 
The gentleman from Otoe (Mr. New- 
som) seems to be in great fear and 
apprehension that some sort of sec- 
tarian instruction can be imparted 
Tinder the provision of this Article. 
If a man makes a bequest and the 
State receives it, it is received in ac- 
cordance with the terms of the Con- 
stitution and under it it would be 
impossible, so the courts would de- 
termine. The State cannot receive 
a grant that can be used for any kind 
of sectarian purpose, because the last 
section of the Article says not. If 
a man wishes to make a bequest for 
a sectarian purpose, it should be 
made to the sect, under the pro- 
-vision. The State could not use it. 

Mr. MAXWELL. Mr. Chairman, 
In reading the second and third sec- 
tions it seems to me there is more 
language used than is necessary. It 



could have been conveyed better in 
one section: and I offer this substi- 
tute for both sections: 

The proceeds from the sales of all 
lands that have been or hereafter 
may be granted by the United States 
to the State for educational purposes, 
and the proceeds of all lands or other 
property given by individuals or ap- 
propriated by the State for like pur- 
poses shall be and remain a perpetual 
fund, the interest and income of 
which together with the rents of all 
such lands as may remain unsold, 
shall be inviolately appropriated and 
annually applied to the specific ob- 
jects of the original gift, grant or 
appropriation. 

The CHAIRMAN. We have not 
arrived at the third section yet. 

Mr. MAXWELL. But I have the 
right to make a motion embracing 
the two in one. 

The CHAIRMAN. Perhaps the 
gentleman from Otoe (Mr. Newsom) 
will accept this amendment. 

The Secretary read the amend- 
ment of Mr. Maxwell again. 

Mr. NEWSOM. If the gentleman 
from Cass (Mr. Maxwell) will with- 
draw his amendment for a moment 
I will withdraw mine, and offer this 
instead: 

All lands, money or other property 
granted or bequeathed for education- 
al purposes shall be used and ex- 
pended in accorducoo with iho terms 
of such grant, bequest or convey- 
ance. Provided, the State shall not re- 
ceive any lands money or other prop- 
erty for sectarian purposes. 

Mr. MAXWELL. I am willing that 
a provision of that kind be Inserted 
in the Constitution, but I think this 
is not the proper place to do that. 
We are now providing for who shall 
be custodians of the school funds. 
In the proper place I will favor the 



262 



MAXWELL'S SUBSTITUTE 



Wednesday 



ESTABROOK— MAXWELL, 



amendment of my friend from Otoe ' 
(Mr. Newsom.) 

Mr. ESTABROOK. Will the gentle- 
man from Cass (Mr. Maxwell) allow 
me to call his attention to section 
eight, and ask him if the ground is 
not essentially covered? 

Mr. MAXWELL. I understand 
that in preparing the Constitution 
we are preparing a code of principles, 
and there is danger in embracing too 
much. Now, this substitute I offer 
covers the ground, and provides what 
shall be done with funds and other 
property. Section two and three 
reads and its subdivisions read thus: 
Sec. 2. All lands, money or other 
property granted or bequeathed, or 
in any manner conveyed to this State 
for educational purposes, shall be 
used and expended in accordance 
with the terms of such grant, bequest 
or conveyance. 

Sec. .3. The following are hereby 
declared to be perpetual funds for 
common school purposes, of which 
the annual interest or income only 
can be appropriated, to-wit: 

First, such per centum as has 
or may hereafter be granted by Con- 
gress on the sale of lands in this 
State. 

Second, All moneys arising from 
the sale or leasing of the sixteenth 
and thirty-sixth sections in each 
township of this State, and the lands 
selected, or that may be selected, in 
lieu thereof. 

Third, The proceeds of all lands 
that have been or may hereafter be 
granted to this State where, by the 
terms and conditions of such grant, 
the same are not to be otherwise ap- 
propriated. 

Fourth, The net proceeds of lands 
and other property and effects, that 
may accrue to the State by escheat 
or forfeiture, or from unclaimed divi- 
dends or distributive shares of the 
estates of deceased persons. 

Fifth. All moneys, stocks, bonds. 



lands and other property now belong- 
ing to the common school fund. 

Sixth, All other grants, gifts and 
devises that have been or may here- 
after be made to this State, and not 
otherwise appropriated by the terms 
of the grant, gift or devise, the 
interest of which said funds, together 
with all rents of the unsold school 
lands, and such other means as the 
Legislature may provide, shall be 
exclusively applied to the following 
objects, to-wit: 

(1.) To the support and main- 
tenance of common schools in each 
school district in the State, and the 
purchase of suitable libraries and 
apparatus therefor. 

(2.) Any residue of such funds shall 
be appropriated to the support and 
maintenance of academies and nor- 
mal schools, and schools of an inter- 
mediate grade, between the common 
schools and the University, and the 
purchase of suitable libraries and 
apparatus therefor. 

Now I submit, Mr. Chairman, that 
that language is too broad. What 
does this mean? Any residue of such 
funds which may be appropriated 
"to the support and maintenance of 
common schools in each school dis- 
I trict in the State and the purchase of 
1 suitable libraries and apparatus 
I therefor." This land is granted for 
the purpose, as we suppose, of main- 
taining common schools. The State 
holds the funds, and causes them 
to be distributed throughout the 
State. Now, this goes on, and after 
providing for this says "any residue." 
What residue? Where is the divid- 
ing line? '"lo the support and main- 
tenance of academies and normal 
schools, and schools of an intermedi- 
ate grade between the common 
schools and the university, and the 
purchase of suitable libraries and ap- 
paratus therefor." It might, In- 



EDUCATIONAL BEQUESTS TO STATE 



263 



Wednesday] 



MAXWELL— NEVVSOM— LAKE 



[July 12 



Stead of making the Constitution 
clear make it so as to be misunder- 
stood. I think the amendment is 
short, and fully covers the ground. 
There is no mistaking its language. 

Mr. ESTABROOK. Let me ask the 
gentleman supposing a grant Is made 
where the terms are not specified, 
but simply in general terms? 

Mr. MAXWELL. A grant made to 
any particular fund? 

Mr. ESTABROOK. No particular 
fund or there is no heir to take a 
distributive share? 

Mr. MAXWELL. I submit that in 
all cases of that kind the Constitu- 
tion should provide what shall be 
done with the property that reverts 
to the State, and what would be done 
in case a grant was made to the State 
but to no particular fund. But if 
the grant be made to a particular 
fund then the grant or gift is to be 
applied to that particular fund. 

Mr. ESTABROOK. The gentleman 
will see, by sub-division three of sec- 
tion three, provision is made there; 
and he proposes to blot all that out, 
and makes no provision for this, 
whereas it is made in sub-division 
three. 

Mr. MAXWELL. I would propose 
to provide for this in an independ- 
ent section. We are providing now 
simply for what shall be done with 
the proceeds of the property held by 
the State. It seems to me these two 
sections may be united in one, and 
the language be better, and thus 
avoid repetition. 

Mr. NEWSOM. I have no objec- 
tion, Mr. Chairman, to the idea pre- 
sented by the gentleman from Cass 
(Mr. Maxwell); but I do not think 



he goes far enough. I think the pro- 
visions of the bill, in other respects 
do better than his substitute for my 
amendment. I have no objection to 
the mapner in which it is presented 
except that I maintain you cannot 
make the State a party to a secta- 
rian object. And that was the ob- 
ject of my amendment. I cannot 
see any objection, particularly, to the 
amendment of the gentleman from 
Cass, but I do not think it covers the 
bill as is is reported by the commit- 
tee; and I cannot accept the amend- 
ment. 

Mr. LAKE. Mr. Chairman, I have 
listened to the objections which have 
been made to the several sections 
which have been under discussion 
and have listened with the intention 
of adopting that which appears to be 
an improvement upon sections two 
and three. But I must say they fall 
far short of coming up to the require- 
ments of the Constitutional provis- 
ion we all desire to have engrafted in 
the Constitution. It seems to me the 
Article, as it now stands, is symmet- 
rical and expressive, by the words 
which have been employed, and cov- 
I ers the entire ground. What can be 
i better than this language; "Sec. 
2. All lands, money or other prop- 
erty granted or bequeathed, or in 
any manner conveyed to this State 
for educational purposes, shall be 
used and expended in accordance 
with the terms of such grant, bequest 
, or conveyance." Now I think we 
might tinker at this section as long as 
we see fit, and fail to improve upon 
that language. It includes every 
kind of grant, bequest and convey- 
ance. It includes all grants made to 



26* 



SECTARIAN EDUCATION BY STATE 



Wednesday] 



XEWSOM— LAKE 



[July 12 



this State for educational purposes. 
In fact it includes every kind of con- 
veyance, bequest or grant whicli can 
be conceived of. If tlie State accept 
any grant which can be made under 
the terms of this Article, as it shall 
finally be submitted, then, unques- 
tionably, it ought to be used in ac- 
cordance with the terms of the con- 
veyance. The State should not prove 
false to any of these bequests. Sec, 
3 follows Sec. 2, as follows: "The 
following are hereby declared to be 
perpetual funds for school purposes, 
of which the annual interest or in- 
come only, can be appropriated, to 
wit:" and then goes on to set forth 
what shall be perpetual funds. I 
think the two sections are about per- 
fect. I am glad to see that the gen- 
tleman from Otoe (Mr. Newsom) 
finds no particular fault with the sub- 
division of sec. 3, but what he de- 
sires may be attained by amending 
Sec. 12, if that sec. is not already 
sufficiently explicit. 

Mr. NEWSOM. I would like to ask 
the gentleman, if the language of this 
section does not provide that the 
State shall receive bequests, and 
must not the money be used in ac- 
cordance with the terms of that be- 
quest? 

Mr. LAKE. I think that section 
12 provides that no sectarian school 
shall be maintained by public funds 
set apart for educational purposes. 
Now. I will not say that that section 
is broad enough to cover all kinds 
of bequests. What I was about to 
suggest to the- Committee, to obviate 
the objection urged by the gentleman 
from Otoe (Mr. Newsom) is to amend 
K(^ction 12 so as to include what the 



gentleman desires — that the State 
shall not accept bequests tor sectar- 
ian purposes: That would cover the 
entire ground, and obviate all the 
difficulties that are urged on that 
score. I do hope that these sections 
— which have evidently received 
careful attention, shall be not tamper- 
ed with, for the purpose of engrafting 
the ideas just advanced. I think the 
two sections are complete. 

Mr. NEWSOM. Mr. Chairman. I 
think my view is right. 

Mr. LAKE. Let me ask the gen- 
tleman a question. Does he take the 
ground that it is provided in this 
section that the State shall not re- 
ceive a grant, intended by the person 
making the bequest to be used for 
sectarian purposes? 

Mr. NEWSOM. No, sir. 

Mr. LAKE. Then would it not be 
well to amend section 12, so as to 
bar the State from receiving such be- 
quests; would not the end he is striv- 
ing for. be attained? 

Mr. NEWSOM. Yes, sir, but I see 
no object in amending section 12 un- 
til we come to it. We should amend 
section 2 now, and section 12 when 
we come to it. Section 12 reads: "No 
Sectarian instruction shall be allowed 
in any school or institution supported 
by the public funds set apart for edu- 
cational purposes," I understand that 
to apply to the public funds of the 
State, and not to any private funds 
which may be donated to the State. 
They must be provided for in some 
other way. 

Mr. HASCALL. Mr. Chairman, I 
would like' to ask how the proposed 
amendment stands now? 

The CHAIRMAN. The question Is 



MAXWELL'S SUBSTITTTE 



265 



Wednesday] 



MAXWELL— BALLARD— LAKE 



[July 13 



upon the substitute offered by the 
gentleman from Cass, (Mr. Maxwell.) 

Mr. MAXWELL. (reads 3rd line 
of third section) "First, such per 
centum as has been or may hereaf- 
ter be granted by Congress on the 
sale of lands in this State" I submit 
that the language of that line is not 
<;lear. There seems to be a question 
as to what this means. 

Mr. LAKE. We had a fund of 
$17 000 once. It has reference to 
that, no doubt. 

Mr. MAXWELL (reads) "All 
moneys arising from the sale or 
leasing of the sixteenth and thirty- 
sixth sections in each township of this 
State, and the lands selected, or that 
may be selected, in lieu thereof. 
Third, the proceeds of all lands that 
have been or may hereafter be grant- 
er to this State where, by the terms 
and conditions of such grant, the 
same are not to be otherwise appro- 
priated." I 

Xow it does seem to me tliat that 
ought to be embodied in a few words; j 
and I think, under the proposition | 
I offered, the language avoids any 
repetition whatever. The language 
Is clear and precise. This is my j 
substitute. "The proceeds from the j 
sale of all lands that have been or 
hereafter may be granted by the i 
United States to the State for educa- 
tional purposes, and the proceeds of j 
all lands or other property given by 1 
individuals or appropriated by the j 
State for like purposes, shall be and 
remain a perpetual fund, the interest 
and income of which, together with , 
the rents of all such lands as may 
remain unsold, shall be inviolably ap- 
propriated and annually applied to 
the specific objects of the original i 
gift, grant or appropriation." | 



Mr. LAKE. I would like to ask 
the gentleman if he intends his 
amendment to include the 5 per cent 
fund? 

Mr. MAXWELL. It does not. 

Mr. BALLARD. Mr. Chairman. It 
seems to me it is the duty of this 
Convention to get up a Constitution 
that shall be complete, so that our 
work, when done, shall be well done, 
— that there shall be no question as 
to the reading of particular points. 
And when courts are called upon to 
put a proper interpretation on the 
Constitution that there may be no 
question as to the interpretation of 
this point. The Committee, on this 
subject, I think have done their duty 
well. They have left no uncertain 
sound in my opinion, in this section. 
In the first place, we hear it objected 
that the language is too broad, and 
in the next speech is that it is too 
short, but the language, I think, is 
definite and good as it stands. 

The CHAIRMAN. The question is 
on the substitute offered by the gen- 
tleman from Cass (Mr. Maxwell.) 
for the 2nd and 3rd sections. 

Mr. TOWLE. Let us hear it. 

The Secretary read the substitute 
as follows: 

The proceeds from the sales of 
all lands that have been, or hereafter 
may be granted by the United States 
to the State for educational purposes 
and the proceeds of all lands or other 
property given by individual or ap- 
propriated by the State for like pur- 
poses shall be and remain a perpet- 
ual fund, the interest and income of 
which, together with the rents of 
such lands as may remain unsold, 
shall be inviolably appropriated and 
annually applied to the specific ob- 
jects of the original gift, grant or 
appropriation. 



266 



SECTARIAN BEQUESTS TO STATE 



M AX W ELL— LAKE— GR A Y 



[July 13 



Mr. MAXWELL. Mr. Chairman, I i 
withdraw my substitute. 

Mr. XEWSOM. Then, Mr. Chair- 
man, I withdraw mine, and offer 
the following: The Secretary read 
the amendment, as follows: 

"All lands, money and other prop- 
erty granted, or bequeathed for ed- 
ucational purposes shall be used and 
expended in accordance with the 
terms of such grant, bequest or con- 
veyance. Provided, the State shall 
not receive any lands, money or other 
property for sectarian purposes." 

Mr. LAKE. Mr. Chairman, I 
have no objection to the incorpora- 
tion of such a provision in the Consti- 
tution in the proper place, but it 
seems to me that this is not the 
place for it, and I hope the gentle- 
man will not insist upon encumbering 
this section with such amendments. 
I think section 12 will be the proper 
place and when we come to that sec- 
tion I am willing to entertain the 
amendment. 

Mr. TOWLE. Mr. Chairman, 1 
think there is no gentleman on this 
floor that will object to the provis- 
ion offered by the gentleman in the 
proper place: but I hope it will not be 
appended to this section as a proviso, 
which I think is complete. 

Mr. GRAY. Mr. Chairman. Just 
one word before this goes to a vote. 
The Committee on this Article work- 
ed many days and hard upon this, 
and counseled with all those whom 
they thought were acquainted with 
the subject: and they have presented 
the result of their work before this 
body, and now it devolves upon the 
gentlemen here, who wish to amend 
this to show its defects; None have 
been shown yet. On the other hand. 



these amendments are not complete. 
They have all been presented in haste 
and without sufficient thought. The 
last one is not satisfactory and com- 
plete; and I believe it does not cov- 
er the object the gentleman himself 
has in view. His objection is that he 
does not wish to allow the State to 
receive and disburse moneys for sec- 
tarian education and schools. We all 
agree with him in opposing that, and 
will s'-ipport any section that will at- 
tain that. But this amendment does 
not do so, I think. Then why not 
leave this section as it is and bring 
in this where it properly belongs? 

The CHAIRMAN. The question is 
on the amendment by the gentleman 
from Otoe (Mr. Newsom.) 

The amendment was not agreed to. 

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

The second section was adopted 

The Secretary read the third sec- 
tion, as follows: 

Section 3. The following are here- 
by declared to be perpetual funds for 
common school purposes, of which 
the annual interest or income only 
can be appropriated, to wit: 

First, such per centum as has been 
or may hereafter be granted by Con- 
gress on the sale of lands in this 
State. 

Second, all moneys arising from 
the sale or leasing of the sixteenth 
and thirty-sixth sections in each 
township of this State, and the lands 
selected, or that may be selected, in 
lieu thereof. 

Third, the proceeds of all lands 
that have been or may hereafter be 
granted to this State where, by the 
terms and conditions of such grant, 
the same are not to be otherwise ap- 
propriated. 

Fourth, the net proceeds of lands 
and other property and effects, that 



COMMON SCHOOL FUND 



267 



Wednesday] 



ESTABROOK— LAKE— WAKELEY 



[July 12 



may accrue to the State by escheat or 
forfeiture, or from unclaimed divi- 
dends or distributive shares of the 
estates of deceased persons. 

Fifth, all moneys, stocks, bonds, 
lands and other property now belong- 
ing to the common school fund. 

Sixth, all other grants, gifts and 
devises' that have been or may here- 
after be made to this State, and not 
otherwise appropriated by the terms 
of the grant, gift or devise, the inter- 
est of which said funds, together with 
all rents of the unsold school lands, 
and such other means as the Legisla- 
ture may provide, shall be exclusive- 
ly applied to the following objects, 
to wit: 

(1.) To the support and mainten- 
ance of common schools in each 
school district in the State, and the 
purchase of suitable libraries and ap- 
paratus therefor. 

(2.) Any residue of such funds 
shall be appropriated to the support 
and maintenance of academies and 
normal schools, and schools of an in- 
termediate grade between the com- 
mon schools and the university, and 
the purchase of suitable libraries and 
apparatus therefor. 

Mr. ESTABROOK. Mr. Chairman. 
This Article was reported, af^ter we 
had agreed on it, with some little 
haste, just before the adjournment, 
and without copying; and I see a 
point in this section, I think, where 
the Committee on Adjustment would 
have some work. We intended, in 
the first place, to provide for the 
maintenance of common schools in 
each school district in the State. That 
Is the first object. If there should 
be a residue, and let me state there 
will be abundance of residue for the 
object, according to the estimate 
made by a sub-committee of which 
Gen. Vifquain is chairman, it is made 
to appear that the State will have 
about 3,000,000 acres of school land 



which, at seven dollars per acre, will 
amount to at least $25,000,000. The 
other western States have about $3,- 
000,000, we will have between $20, 
000,000 and $30,000,000 without the 
fund that may be provided for by 
law, the fund arising from fines and 
forfeitures and license money, so that 
there will be an abundance, I think, 
to provide for all these classes and 
grades of schools. The object was to 
provide amply sufficient for the com- 
mon schools, and the residue, as pro- 
vided in the section of this provision. 
If the Legislature see fit to use that 
residue for the forming of normal 
schools, etc.. they may do so. That 
was the design, if it can be accomp- 
lished in a more brief way I am 
agreeable. 

Mr. LAKE. Mr. Chairman, I move 
to strike out the words "the interest 
of which said funds." in the sixth 
sub-division of section three. 

Mr. WAKELEY. Mr. Chairman, I 
do not think that would accomplish 
the purpose. At the same time this 
matter should be left to the Commit- 
tee on Revision and Adjustment. 
There is perhaps a little fault in the 
entire section as it stands, but I do 
not think the amendment offered by 
my colleague will remedy the defect. 
In the commencement of the section 
there is a distinct declaration that 
funds remaining shall constitute a 
"perpetual fund for school purposes, 
of which the annual interest or in- 
come only can be appropriated." 
Then follows a specification of the 
fund that makes a complete provision 
as far as it goes; then should follow 
the provision, in substance, as is 
incorporated In the sixth subdivision. 



268 



COMMON iSCHOOL FUNDS 



Wednesday) 



THOMAS- CAMPBELL -McCANN 



[July 12 



And all needed, it seems to me, is to 
reconstruct the sixth subdivision by 
making a specific declaration that the 
interest on the funds before men- 
tioned shall be appropriated as now 
provided. The Committee on Revis- 
ion and Adjustment will remedy that 
matter better than we can in Commit- 
tee of the Whole. It is a mere ques- 
tion of punctuation. 

Mr. LAKE. Mr. Chairman, I with- 
draw my motion. 

Mr. THOMAS. Mr. Chairman, I 
would like to ask the chairman of the 
committee whether there is any pro- 
vision for the proceeds of lands grant- 
ed by the United States to this State 
for educational purposes? I do not 
think there is any such provision in 
this section. I see that the provision 
alluded to in the Wisconsin Consti- 
tution is "The proceeds of all lands 
that have been, or hereafter may be, 
granted by the United States to this 
State, for educational purposes (ex- 
cept the lands heretofore granted for 
the purposes of a university), etc." 

Mr. WAKELEY. Sections three or 
six will either cover it. , 

Mr. THOMAS, (reading subdivis- 
ion two and three of section three.) 

"Second, All moneys arising from 
the sale or leasing of the sixteenth 
and thirty-sixth sections in each 
township of this State, and the lands 
selected, or that may be selected, in 
lieu thereof. 

Third, The proceeds of all lands 
that have been or may hereafter be 
granted to this State where, by the 
terms and conditions of such grant 
the same are not to be otherwise ap- 
propriated." 

Congress may grant us other sec- 
tions for educational purposes, which 
may be neither 16 nor 3G. 



Mr. LAKE. The sixth subdivision 
will cover it. 

Mr. THOMAS. I do not know 
whether it is sufficient. 

Mr. ESTABROOK. I think it suf- 
ficient. 

Mr. CAMPBELL. Mr. Chairman, I 
move an amendment to section three, 
that the words "sixteenth and thirty- 
sixth" read "sections number sixteen 
and thirty-six". It will look very sil- 
ly to pass this. The grant of Con- 
gress says we are entitled to sections 
number sixteen and thirty-six. Now 
let us make our law in compliance 
with that. I hope the Convention 
will not pass over this. 

The motion was not agreed to. 

Mr. THOMAS. Mr. Chairman, I 
do not know what amendment was 
made to "the interest of which said 
funds," in the sixth subdivision. It 
is suggested that it should be amend- 
ed to make it " all the funds." 

The CHAIRMAN. The Committee 
on Adjustment is to settle that. 

Mr. THOMAS. Mr. Chairman, I 
move that we strike out the words 
"interest of which said funds," and 
insert "the interest arising from all 
funds mentioned in this section." 

Mr. McCANN. Mr. Chairman. I 
would like to call the attention of 
the Convention to one fact. 

Mr. THOMAS. I withdraw my 
amendment for tlie gentltnian (.Mr. 
McCann.) 

Mr. McCANN, I think there is 
more force in the suggestion 
of my colleague (Mr. Camp- 
bell) than the Convention at first 
supposed. We have some townships 
that are fractional. This phraseology 
"sixteenth and thirty-sixth sections" 



COMPULSORY EDUCATION 



269 



Wednesday] 



ESTABROOK— THOMAS 



[July 15 



is not right. If every township was 
full, and we had no fractions, perhaps 
the working of this section would be 
sufficient; but supposing that we cut 
off these sections from a township, 
what then? If we have the sixteenth 
and thirty-sixth sections we have not 
two sections in that township; where- 
as in every township in the State 
which is fractional we still have the 
sections number sixteen and number 
thirty-six. 

Mr. ESTABROOK. I find, on look- 
ing at the law, the language is differ- 
ent. It reads "sections number six- 
teen and thirty-six etc." I move to 
amend by saying "all moneys arising 
from the sale or leasing of sections 
number sixteen and thirty-six." 

The amendment was agreed to. 

Mr. THOMAS. Mr. Chairman, I 
now re-offer my amendment. 

The amendment was agreed to. 

Section three, as amended, was 
agreed to. 

The Secretary read section four, 
as follows: 

Sec. 4. The Legislature shall re- 
quire by law that every child of suf- 
ficient mental and physical ability, 
between the ages of six and sixteen, 
years, unless educated by other 
means, shall attend a public school 
supported by the common school 
fund, for some definite length of time 
each year, to be fixed by law, and 
may establish schools for the safe 
keeping, education, employment and 
reformation of ell children of such age 
who are destitute of proper parental 
care, or who are growing up in men- 
dicancy, ignorance, idleness or vice, 
which schools shall constitute a part 
of the system of common schools. 

Mr. ESTABROOK. Mr. Chairman, 
I would move to amend by striking 
out the word "may" and inserting 



the word "shall," so as to make it im- 
perative. In committee, in the first 
place it proposed that ordinarily all 
children should be educated, and sub- 
sequently we agreed to leave it to the 
Legislature to take up the vagrant 
upon the streets and provide for his 
education ; bu^ when we reflected for 
a moment, we found there was a ne- 
cessity that we should have some 
place for the provision of a reforma- 
tory school, so that when a boy is 
refractory or guilty of some offence 
and it is necessary to exclude him 
from the school in which he is, he 
may be taken where he shall be dealt 
with. And it is required that you 
provide for him. 

The motion was agreed to NEM. 
CON. 

Mr. MANDERSON. Mr. Chairman, 
I move to strike out the word "six" 
and insert the word "eight". 

Mr. ESTABROOK. It seems to me 
six is old enough. A portion of this 
refers to vagrants and waifs who 
have no parental care or guardian- 
ship whatever. It is for their use; not 
for the parents. The State owns them 
from the time they are born into the 
world, and is educating them in the 
streets of our larger towns, such as 
Omaha and Nebraska City, all the 
while; and this State, whether she 
feels it or not, owns that little crea- 
ture unless he is condemned to the 
gallows or comes to some ignomin- 
ious doom. 

Mr. McCANN. Mr. Chairman, I 
hope that the gentleman from Doug- 
las (Mr. Manderson) will withdraw 
his amendment, for this reason; the 
object we had in view in taking up 
these little waifs, as my friend Gen. 



270 



COMPULSORY EDUCATION 



Wednesday j 



McCANN— MANDERSON 



[July 12 



Estabrook calls them, was, primarily, 
to teach them to read and write. We 
want no men or women in this State 
hereafter, who have to make their 
mark in the way some men and 
women in this State now do, instead 
of writing their name; and at the end 
of the eighth year that object may 
be accomplished. We all know, those 
of us who have had experience in the 
education of the young, that at the 
age of eight years, many children 
have received that amount of educa- 
tion they expect to receive; and 
shortly after that they are put to 
some employment which deprives 
them of further education afterwards. 
And we desire to put them in the 
proper schools at the age of six 
years. That two years is a very im- 
portant period of life to them. I do 
hope the age, as specified here, may 
remain. 

Mr. MANDERSON. Mr. Chairman, 
The doctrine of compulsory education 
will meet with no stronger or warm- 
er advocacy from any gentleman on 
this floor than myself. I believe 
we should require, by constitutional 
ei.actment and by law, that, children 
should be educated; that we should 
punish severely the parent or guard- 
ian of the child who refuses to edu- 
cate their child. The section pro- 
vides "that the Legislature shall re- 
quire by law that every child of suffi- 
cient mental and physical ability be- 
tween the ages of six and sixteen 
years, unless educated by other 
means, shall attend a public school 
supported by the common school 
fund, for some definite length of 
time each year. Etc." Now we must 
recognize the fact, those who have 



observed the matter of education 
at all, that there are a vast number 
of parents who do not believe in 
school education for the child of six 
years. I do not believe we should 
take the infant of six years and place 
him in school. The proper place to 
educate so young a child is at home, 
under the mother's care, and not 
under the care of a teacher. I do 
not believe in a hotbed growth, and 
taking the young child and forcing 
a certain knowledge into his mind. 
You injure a child by forcing into 
him that which the mind is not suffi- 
ciently matured to receive. I think 
it better we should require that this 
compulsory education commence at 
the age of eight years. That deprives 
no parent of the right or privilege 
of sending a child of four, five or 
six years, if he sees fit, to school, and 
it does not compel the parent to edu- 
cate until the child is sufficiently 
matured and fit to receive educa- 
tion. 

Mr. KIRKPATRICK. This section 
includes the time between six and 
sixteen years and part of the re- 
quirement is that each year the child 
shall be put to school. I am opposed 
to forcing children to school at the 
tender age of five or six years. Those 
who have been sent to school early 
have not made the best progress. 
I am opposed to the system of com- 
pulsory education. I am not behind 
the age and opposed to progress. I 
have great respect for the education- 
al advantages offered by Russia 
tPrusia?] to its subjects. But 
I do resent the idea that the 
child belongs to the State. That 
was the doctrine of the Spartans. 



COMPULSORY EDUCATION 



271 



Wednesday! 



KIBKPATRICK— NEWSOM 



[July 12 



I would like an explanation 
from the gentleman upon the word- 
ing of this fourth section. Now it 
strikes me here that it is a delicate 
matter to ascertain whether the child 
is educated or not. Who is to ascer- 
tain this information? Is the school 
hoard in the district or the superin- 
tendent of the county? I would not 
he understood as opposing education. 
I believe the proper exercise o£ our 
duties and privileges as citizens de- 
pends upon our intelligence. But I 
know there are men who are in favor 
of not only a forcing educational 
sj-stem, but of a professional class 
of teachers, who shall be teachers 
and nothing else. 

It appears there is a provision here 
for other schools than ordinary schools, 
for it is provided here that the child 
shall attend school after a certain age, 
(reads Sec. 4) "The Legislature shall 
require by law that every child of 
sufficient mental and physical abil- 
ity, between the ages of six and six- 
teen years, unless educated by other 
means, shall attend a public school 
supported by the common school 
fund, for some definite length of 
time each year to be fixed by law, 
and may establish schools for the 
safe keeping, education, employment 
and reformation of all children of 
such age who are destitute of proper 
parental care, or who are growing up 
in mendicancy, and ignorance, idle- 
ness or vice, which schools shall con- 
stitute a part of the system of com- 
mon schools." 

Mr. NEWSOM. Mr. Chairman, I 
disagree with the gentleman from 
Douglas (Mr. Wakeley) where he 
says that the children of the State 
belong to the State. I believe there 
are certain inalienable and indefeas- 
able rights belonging to the people 
— rights which belong to the child. 



I believe in education as much as 
any one here, hut when you say 
that you shall take the child from 
the parent as you would take prop- 
erty by process of law. and compel 
him to go where, perhaps, the parent 
would not like to have him go, you 
take away certain indefeasible rights. 
For if the parent has not a right to 
his own child, what in the name of 
Heaven, can he have a right to? I 
believe no man in this State has a 
right to take my child from me and 
compel it to go where I don't want 
it to go. I believe it is my privilege 
to resent it. This doctrine of com- 
pulsory education may do in monar- 
chial governments in the old coun- 
tries, but it will not do in free Amer- 
ica. Now, as to this applying to des- 
titute children, that is another thing. 
Those are subjects who ought to be 
provided for by the State; those are 
children which the State ought to 
assume control of; hut 1 say it is no 
right of the State to say my child 
shall be forced to go to school if 
I don't want it to. 

Mr. MANDERSON. It seems to me 
that the gentleman from Otoe (Mr. 
Newsom) strangely misconceives the 
doctrine of compulsory education, 
etc., and he strangely misconstrues 
the meaning of my colleague (Mr. 
Wakeley) has no right in the child- 
ren of the people of the State. My 
friend from Otoe (Mr. Newsom) may 
gather about him his young children 
and shall say in the language of that 
ancient matron, "these are my 
jewels," but I would remind him 
that these jewels are in the rough — 
they are unpolished they are uncut. 
The State says I will take these 



272 



COMPULSORY EDUCATION 



MANDERSON-BOYD 



[July la 



jewels of yours and polish them: I 
will fit and prepare them for the uses 
of the State. Why the gentleman 
seems to say that he has the same 
right to his child that the slave own- 
er had to his slaves, a few years ago 
"why," he says, "can the State com- 
pell me to send my child to school?" 
I say "yes," in this State. Mr. Chair- 
man, education is as necessary to the 
child as its mother's milk; and the 
parent who would keep back the ad- 
vantages of education from his child, 
would sell him to ignorance and the 
evils which grow out of ignorance. I 
say that the doctrine of compulsory 
education is based upon the principle 
which requires every parent to place 
his child upon the high road to re- 
spectability and prosperity. It con- 
flicts with no right of the parent. 
This idea however, Mr. Chairman, 
would come in more properly when 
we come to the adoption of the Ar- 
ticle. Unfortunately, Mr. Chairman, 
I have no children, and I don't know 
whether I can count on them in the 
dim future — ■ 

Mr. BOYD. You might amend the 
Constitution perhaps, Genl., (Laugh- 
ter.) 

Mr. MANDERSON. I suppose that 
could be done. As I said. I have no 
children, but there died at my house 
in Ohio, some years ago, a beautiful 
accomplished girl, some IG years of 
age. The disease of which she died 
was a puzzle to the physicians, but 
upon a full investigation of her his- 
tory, they came to the conclusion 
that she was a victim to that hot 
bed of education in New England 
which has driven many to idiocy or 
the grave. At 16 years of age, she 



had an amount of knowledge that 
would be a credit to an adult. I 
doubt if there is half a dozen mem- 
bers of this body, who possess the 
knowledge of the dead languages 
which this girl possessed: but, taken 
away from the mental food upon 
which she fed, and it was like taking 
a drinking man from his stimulants — 
she died under all the symptoms of 
delirium tremens. If she had lived, 
insanity would have been certain, as 
her nervous system had been com- 
pletely overworked. She had been 
kept constantly at school from a very 
early age. I think Mr Chairman, 
that the amendment which changes 
the age from 6 to 8 years, is a prop- 
er one. Looking further along, we 
find a section which provides "for the 
education, safe keeping, employment 
and reformation of destitute child- 
ren" etc. Now, if my amendment 
prevails, it will apply to this class 
as well. With the consent of my sec- 
ond, I move to strike out in the 
5th line, the words, "of such age," 
and substitute the words "under the 
age of IG years." It seems to me that 
we should not limit the age to 8 
nor even G years of age. In some of 
our large cities we have children of 
tender years thrown upon the chari- 
ties of the world; I would have the 
State take these and give them proper 
parental care. 

The CHAIRMAN. The question is 
upon the motion to strike out the 
word "six" and insert the word 
"eight." 

Motion agreed to. 

The CHAIRMAN. The question is 
now upon the motion of the gentle- 
man from Douglas (Mr. Manderson) 



COMPULSORY EDUCATION 



273 



NEWSOM— HASCALL— ESTABROOK-LAKE 



[July 12 



to Strike out, in ttie 5th line, the 
words "of such age" and insert the 
words "under the age of 16 years." 

Motion agreed to. 

Mr. NEWSOM. Mr. Chairman, I 
move to strilie out the word "prop- 
er" in the 5th line. 

Mr. HASCALL. Mr. Chairman, I 
think it will defeat the object aimed 
at in this section to strike out that 
word. This intends proper care and 
education to children without par- 
ents, or whose parents will not give 
them proper parental care. I do not 
wish to multiply words, but I think 
that the child who has parents but 
who will not give him proper care 
should be taken charge of and pro- 
vided for by the State. 

Mr. KIRKPATRICK. There might 
under that section a question 
arise as to what is parental care. 

Mr. ESTABROOK. I think the 
word "proper" is, in fact, proper in 
that place. In one of Diclven's works, 
I think there is a character called 
Fagin, who had the education, as a 
parent, of all the little thieves. I 
think such, would not be considered 
by our courts as proper parental 
care. My opinion is that in many 
cases the children should be taken 
away from the destructive influence 
of improper parental care, and dens 
of infamy where many of the child- 
ren of the State of Nebraska are be- 
ing, educated to day, and provided 
for by the State. 

Mr. LAKE. Mr. Chairman, with- 
out multiplying words to a great ex- 
tent on this question, I must say that 
it does seem to me that the word 
"proper" should be retained. A 
child may be provided with partial 
18 



care, but it may be entirely inad- 
equate to its wants. The gentleman 
from Otoe (Mr. Newsom) seems to 
be a little exercised as to how this 
shall be carried into effect. I don't 
think any of his children will be 
taken away from him, or from any 
other good parent. It has been said 
that the State has not the right to 
take children from their parents; but 
the State has done so. And how fre- 
quently does it occur that our courts 
have had to take children and ap- 
point guardians for them? It is only 
intended by this section to provide 
for the doing of that which has been 
done in other ways. It seems to me 
that the amount of care should be 
determined by the Constitution, and 
that the word proper is the exact 
word needed. I should very much 
dislike to see that word stricken out, 
for I think it would destroy the in- 
tention of the section: It has been 
objected to that the children belong 
to the State; Yet this is true to some 
extent. If not, why are we taxed 
for the common school fund? If 
the State has not the right to say 
that the parent shall send the child 
to school, shall it say to the parent 
who is willing to educate his own 
children that he shall contribute to 
the school fund for the education of 
others? If a man from penurious- 
ness or other cause neglects the prop- 
er care and education of his child it 
is right that the State should take 
the child and do for it that which 
the parent has neglected to do. Why, 
shall it come to this; that the child 
is so much the slave of the parent 
that he may refuse to clothe and feed 
it yet not be amenable to the laws 



274 



COMPULSORY EDUCATION 



Wednesday^ 



LAKE— NEWSOM— MANDERSON 



[July 12 



Of the State? That would be a cu- 
rious doctrine to enunciate in this 
age of the world. The parent can be 
compelled through the action of our 
courts to provide necessary clothing 
and food for his child; and so it is 
with education. He can be compelled 
to educate his child. If a portion of 
the people pay the expenses, he can 
be compelled to pay them whether 
he voluntarily does so or not. I am In 
favor of the provision as it stands. 
I am fully committed to this doctrine 
of compulsory education which has 
worked well in Europe. It works 
well in Massachusetts and will work 
well here. I take the high ground 
that no parent has the right to bring 
up his children in Ignorance, pro- 
fligacy and vice. If he do so he has 
forfeited his right, as a parent, to the 
custody and care of that child. It is 
the duty of the State, in all such 
cases, to see that right is done. The 
parent violates his right to the cus- 
tody and control of the child. For 
those wrongs the child has the right 
to call upon the State for protection. 
That is a part of the duty of gov- 
ernment — to protect not only the 
grown up men and women, but pro- 
tect the little ones. And if, through 
Ignorance, if, through avarice, the 
child does not get care and attention 
from the parents, I hold it is the 
high duty of the State to see to it 
that these little ones are protected 
and educated. In other words, that 
the State become parent, guardian 
and protector of tliat child or those 
children who have lost their natural 
guardians and protectors. 

Mr. NEWSOM. What the gentle- 
man from Douglas (Mr. Lake) might 



consider proper, the gentleman from 
[Otoe (Mr. Newsom) might not. What 
one might consider proper, another 
might think wrong. It becomes a 
matter of necessity that the Legisla- 
; ture must say what is proper. I be- 
lieve it to be the duty of the State 
to take care of children deprived of 
parental care, destitute of the neces- 
1 sary means of education. Upon the 
other question I believe it Is my in- 
defeasible and inalienable right to 
hold and control my child, not bru- 
tally, not meanly, but it is my right 
to take care of the child: and no 
power could force me to send it 
where I do not want it to go. If 
I deem the age of eight or nine too 
early to send my child to school, it is 
my privilege to keep him away. I 
10 not conceive, but that if a man 
has no right to his child, he has no 
right to anything. If you can take 
his child away cannot you take 
anything else? Is there no alien- 
able [inalienable] right? 

Mr. MAXDERSOX. Will the gen- 
tleman permit me to ask him a ques- 
tion? Does this right to own a child 
extend to father, mother or both? 

Mr. XEWSOM. Both. 

Mr. MAXDERSOX. Supposing 
there should be riot and confusion in 
the household, and consequent di- 
vorce, who shall take the child? 

Mr. XEWSOM. The law decides 
it. 

Mr. MAXDERSOX. Then the law 
is the superior parent. 

Mr. NEWSO.M. Yes. under certain 
circumstances. 

Mr. LAKE. Allow me to ask a 
question. Would the right be Inali- 
enable, then, if it could be taken 



COMPULSORY EDUCATION 



275 



Wednesday] 



NEWSOM— TOWLE 



[July 12 



from him by law? 

Mr. NEWSOM. In a certain sense. 

Mr. LAKE. Yes we all agree to It in 
a certain sense. 

Mr. NEWSOM. There is the diffi- 
culty between us, I argue that where 
a parent does his duty in every sense 
of the word, excepting this of send- 
ing to school. I am not talking of 
extreme cases, where it becomes the 
duty of the State to step in and take 
care of the child. Where there is a 
division in the family, there should 
be some law provided for the child. 
I do not know whether I am right or 
not, but I do not believe it right to 
take my property or money, even if 
every man but myself agree to it, 
without my consent, and appropriate 
it to any specific or certain purpose. I 
do not believe it to be sound law to 
take my property under the educa- 
tional system; to make me educate 
another man's child; but public poli- 
cy may acquiesce in it. And that is 
the only ground on which it can be 
sustained. I do not believe you can 
take my money and appropriate it 
to private corporations, if all the 
men in the State say so. I do not be- 
lieve you can do it properly; public 
policy may demand it, and it may be 
done to gratify public policy, but the 
right is nevertheless there. It is 
mine and you cannot evade it. That 
is the ground on which I argue this 
question. 

Mr. TOWLE. Mr. Chairman, It 
has been said by somebody that 
"State does not consist of mortar and 
bricks, it does not consist of ships 
of every sea, railroad trains running 
over every hill and through every 
valley; it does not consist in coffers 



of wealth, and in the magnificent 
resources only; but that it consists 
in the integrity, in the intelligence, 
in the probity, and in the culture 
and understanding of the commun- 
ity." That I believe is but a general 
proposition which has been produced 
by the person whom I am quoting. 
In more appropriate language, that 
strikes nearer to the heart, and such 
being the proposition upon which we 
start out, it follows, as a natural con- 
sequence, in my judgment, that the 
State has the power and the right 
to emancipate from the control of 
father, and lay down rules and di- 
rections which should guide and con- 
trol the intellect of that child, and 
that future citizen. If the Legis- 
lative power of the State has the 
right to emancipate that child at the 
age of twenty-one, certainly it has 
the right and power to emancipate it 
at the age of five, six or seven years 
and place it where humanity may 
require. This is no new proposition, 
no new theory. As the gentleman 
from Douglas (Mr. Lake) remarked, 
it has been decided and adjudicated 
in cases in several Supreme Courts. 
In Ohio this question came up on the 
very proposition which this gentle- 
man has laid down — the inalienable 
right the father has for the care of 
his children. In the fifth Ohio re- 
port where parties had been di- 
vorced, one had possession of the 
child, and the other came in with 
a writ of habeas corpus, claiming It; 
the child was brought into court, 
criminations and recriminations were 
brought in showing that neither 
party was fit to control the welfare 
of the child. The court laid down 



276 



COMPULSORY EDUCATION 



Wednesday] 



TOWLE-KIRKPA TRICK 



[July 12 



this universal proposition — it was 
the duty of the Courts of Chan- 
cery within the provision of the 
State, to talve hold of these child- 
ren and draw them out of vice, crime 
and ignominy; place them in either 
party, or take them from both, and 
place them in the hands of some 
party who can control, rear and guide 
that child as it should be under the 
best influences of civilization. The 
State has the right for this reason, 
because it is a general proposition, 
that without education crime will be 
in the land. If the child is brought 
up in ignorance and crime upon 
whom does the wrong rest? Upon 
the State, and no other party. If he 
is put in the penitentiary, it is the 
people who pay for it: it comes out 
of the pocket of the individuals who 
own property in the State; and they 
have the right to say that in the be- 
ginning, in the youth, this twig shall 
be bended in such direction, and 
shall not be found in the poor house, 
in the penitentiary; that he shall not 
hanged from the gallows, but so 
guided, that the influences may be 
thrown around him on the side of 
virtue and intelligence; and that the 
taxes of the people and the taxes of 
the State shall not be used hereafter 
and appropriated for the purpose of 
keeping and directing that child. 
Why, Mr. Chairman, the man in Illin- 
ois, the other day thought he had a 
right to his child when he tortured 
and whipped it to death, and I ask 
who can read the account of this 
cruelty without a feeling of horror. 
Suppose there had been regulation in 
that State that child might have been 
.saved. I believe, sir, the State has 



this power and ought to exercise it, 
under appropriate control and super- 
vision. Upon the ground of safety 
to the taxpayers this ought to be 
done, that we may not be burdened 
with these taxes and penitentiaries 
and other buildings. In all these 
buildings you will find individuals 
whose education has been entirely 
neglected in their early youth, where- 
as otherwise they would have been 
placed upon the highway to wealth 
and industry. 

Mr. KIRKPATRICK. I say again 
I think the amendment should pre- 
vail. I think, although I have been 
edifled by the speeches, there has 
been much said that might have been 
said elsewhere. The section under 
consideration seems to have been 
carefully drawn, and much thought 
exercised in its preparation. This 
section provides for the "safe keep- 
ing" of children. I do not know 
what that means unless it is the in- 
tention to secure the State against 
crime. Then it goes on to provide for 
"the education, employment and re- 
formation of all children of such age 
who are destitute of proper parental 
care" and etc. The only question 
here is what is proper parental care? 
There is no man who will say but the 
State is in duty bound to maintain 
them. Whether it could be better 
done by Legislative enactment, or 
some other means. I am not prepared 
to say. I know that Mother England 
has penitentiaries and reformatory 
institutions, but they are mostly, I 
think the result of the charity of 
private individuals. Now, about the 
man's inalienable right to his child. 
I say there is a God-imposed re- 



REFORM SCHOOLS 



277 



Wednesday] 



MAXWELL— LAKE 



[July 12 



sponsibllity placed on a parent in re- 
gard to his child that no Legislature 
can take away or release him from. 
If a man neglected to give proper 
education, and care and support, then 
I say it is the right of the State to 
interfere. I dissent from the propo- 
sition that all children belong to the 
State: that is carrying things too 
far. I think the State owes its duty 
to the children of the State that it 
must perform under certain exigen- 
cies. 

The CHAIRMAN. The question is 
upon the amendment of the gentle- 
man from Otoe (Mr. Newsom), to 
strike out the word "proper". 

The amendment was not agreed to. 
Mr. MAXWELL. Mr Chairman, I 
now move to amend the fourth 
section by adding "provided 
that the sum paid out of 
the common school fund to sustain 
said institutions shall not exceed in 
amount in any one year, the propor- 
tion, per capita, of the whole number 
of children and youth between the 
ages of five and twenty-one years resi- 
dent of the State." Now Mr. Chairman 
in reading this section it will be per- 
ceived that this proposition to estab- 
lish reformatory schools provides 
that the Legislature "may establish 
schools," "and shall", as we now 
amend it, "establish schools for the 
safe keeping, etc." Now I propose to 
amend so that there shall only be a 
proportion drawn out of the common 
school fund for the support of these 
children. In every town of this State 
you may establish a reformatory in- 
stitution under the head of "common 
schools" which is, in fact, a house of 
correction; and support these out of 
the common school fund; and it is 



wrong. They ought to be supported 
by funds voted by the Legislature. 
Under this provision in the Consti- 
tution we may establish a reform- 
atory institution in every county in 
this State, and you may provide to 
maintain them out of the common 
school fund. "They shall establish." 
Where? Why, wherever you can be 
be made to believe they are needed. 
It does seem to me it is giving a 
great deal of power to the Legis- 
lature to establish this class of houses 
of correction. And it seems, too, 
there is a liability to divert the 
school fund from its proper channel 
for the support of houses of this 
I character. 

Mr. LAKE. It seems to me, Mr. 
Chairman, it would be well to en- 
trust some things to the Legislature; 
at least we ought not to assume that 
we have a great deal more wisdom 
than those who may be elected by 
the people hereafter to make the laws 
and carry into effect the provisions 
of the Constitution. I am willing at 
least, to entrust some things to the 
Legislature, and to the good sense of 
the people. I do not fear that the 
good people of the State of Nebraska, 
or their representatives whom they 
may send here, will squander their 
own moneys upon children of this 
class. I have no fear of the danger, 
if there be any danger at all, that 
they would appropriate any funds 
unless compelled to do so by the pro- 
visions of the Constitution; because 
we cannot conceive that the funds 
which are required for the support 
of these schools will be taken en- 
tirely from the school fund. But 
the Legislature will not be required 



278 



REFORM SCHOOLS 



MANDERSON— HASCALL 



[July 12 



to build up these schools and provide , to send a child for whom application 
for their support out of the common is made. There it is cared for; taught 
school fund, but may provide for the habits of industry; and taught 
support of them by the levy of a gen- i some trade, perhaps farming. That 
eral tax upon the people of the State, institution is, to a certain extent, self- 
I would say leave it to the wisdom of supporting. It is very little tax up- 
the people as expressed by the rep- on the people of the State. I think 
resentatives they may elect to rep- \ "t was first established out of the 
resent them in the Legislature. I ■ common school fund, but it has main- 



should oppose the amendment. 

Mr. MANDERSON. I too, hope 
the amendment proposed by the gen- 
tleman from Cass (Mr. Maxwell) will 
not prevail. I agree with my col- 
league (Judge Lake) that we are safe 
to leave this matter in the provisions 
of section four to the Legislature. I 
apprehend no such result as is sup- 
posed by the gentleman from Cass 
(Mr. Maxwell). I would not limit 
the amount the Legislature might 
expend for this purpose, as he pro- 
poses to limit. The provision in the 
Constitution of the State of Ohio, 
while it does not go into detail as 
this does, yet under its provisions 
the Legislature of that State has 
seen fit to take some such action as 
pointed out in this section, not by 
the organization of reformatory 
schools, but by organizing and main- 
taining one reform school. The Leg- 
islature of that State purchased, some 
years ago, a tract of land, and upon It 
established the Reform Farm of Ohio, 
\n institution that has done immense 
/ood. The education which may be 
taught children does not consist in 
teaching them the A. B. C, but it 
means that the State shall assume 
towards them the attitude of a par- 
ent, and teach them some trade. 
The Probate .Judge is authorized, if 
there be room in the Reform Farm, 



tained itself by cultivation of the 
broad and beautiful acres making up 
the farm, and it seems to me that 
under this provision as it is, some 
such action might be taken by this 
State. I shall, therefore, oppose the 
amendment. 

Mr. HASCALL. Mr. Chairman, I 
move that the Committee rise, re- 
port progress, and ask leave to sit 
again. 

Motion agreed to. 
Mr. STEWART. Mr. President, 
the Committee of the Whole have had 
under consideration the report of tne 
Committee on Education, School 
Funds and Lands, and beg leave to 
report progress, and ask leave to sit 
again. 

Adjoiu'ninent. 
Mr. LEY. Mr. President, I move 
that we adjourn until 2 o'clock this 
afternoon. 

Motion agreed to. So the Conven- 
tion (at twelve o'clock and four min- 
utes) adjourned. 



AFTERXOOX SESSION. 
The Convention met at 2 o'clock 
and was called to order by the Presi- 
dent. 

Pi'ivilege of the Floor. 
Mr. MANDERSON. Mr. President, 



RAILROAD VISITORS— MAXWELL AMENDMENT 279 



Wednesday] 



McCANN— GRAY-ESTABROOK 



[July 12 



I have a resolution I wish to offer. 

The Secretary read the resolution 
as follows: 

RESOLVED: That the privilege 
of the floor be extended to Governor 
Dennison of Ohio. 

Mr. MANDERSON. Mr. President, 
I move the adoption of the resolu- 
tion. 

The motion was agreed to. 

Mr. McCANN. Mr. President, I 
move that the privileges of the floor 
be extended to the Hon. B. E. Smith 
of Columbus, Ohio. 

The motion was agreed to. 

Mr. McCANN. Mr. President, 
there are several citizens of Nebraska 
City here with these two gentlemen, 
representing different railroad inter- 
ests and I ask that the privileges of 
the floor may be extended to them 
during their stay this afternoon. 

The PRESIDENT. The request 
will be granted unless some gentle- 
man objects, and I will just say that 
the privileges of this floor will be ex- 
tended to any friend that any mem- 
ber may see flt to invite here, unless 
some objection is made. 

Mr. McCANN. Mr. President, I 
move that we now go into Committee 
of the Whole to consider the report 
of the Committee on Education, 
School Funds and Lands. 

The motion was agreed to. 

So the Committee went into the 
Committee of the Whole. Mr. Stewart 
in the Chair. 

The CHAIRMAN. Gentlemen of 
the Committee: We have under con- 
sideration the amendment offered by 
the gentleman from Cass, (Mr. Max- 
well) to section four. The Secretary 
will read the section and amendment. 



The Secretary read as follows: 

Section 4. The Legislature shall re- 
quire by law that every child of suf- 
ficient mental and physical ability, 
between the ages of eight and sixteen 
years, unless educated by other 
means, shall attend a public school 
supported by the common school 
fund, for some definite length of time 
each year, to be fixed by law, and 
may establish schools for the safe 
keeping, education, employment and 
reformation of all children under 16 
years of age who are destitute of 
proper parental care, or who are 
growing up in mendicancy, ignorance, , 
idleness or vice, which schools shall 
constitute a part of the system of 
common schools. 

PROVIDED. That the sum paid 
out of the common school fund to 
sustain said institution, shall not ex- 
ceed in any one year, the amount 
per capita in proportion to the whole 
number of children and youth be- 
tween the ages of 5 and 21 years, 
resident in the State. 

The CHAIRMAN. The question is 
ou thfe adoption of the amendment of- 
fered by the gentleman from Cass. 
(Mr. Maxwell.) 

The Committee divided and th» 
amendment was not agreed to. 

Mr. GRAY. Mr. Chairman, I de- 
sire that the word "shall" In the 4th 
line which was substituted by th* 
amendment, be stricken out, and tKe 
word "may" substituted, if in or- 
der. 

The CHAIRMAN. The motion is 
not in order. 

Mr. ESTABROOK. Let me sug- 
gest to the gentleman, that after we 
get through with the Article, section 
by section, in the Committee, then 
then the whole bill is subject to 
amendment. 

Mr. REYNOLDS. Mr. Chairman,, I 



280 



'BAGGED" SCHOOLS 



Wednesday] 



WAKELEY-MYERS 



[July 



have an amendment to offer. 

The Secretary read the amendment 
as follows: 

Strike all after the word "shall" 
in the first line down to the word 
"established" in the fourth line, and 
to strike out the words "of such age" 
in the fifth line, and insert the words, 
"between the ages of 5 and IG 
years." 

The amendment was not agreed to. 

Mr. ilAXDERSOX. Mr. Chair- 
man, I move the adoption of the sec- 
tion as amended. 

Mr. WAKELEY. Mr. Chairman, I 
am strictly in favor of the principles 
of this section. I believe that a pro- 
vision making it obligatory on the 
I>egislature to establish reformatory 
institutions for the young and desti- 
tute is necessary; and it is for this 
reason that I am anxious to see the 
section so framed as to have no mis- 
understanding of it by the people 
when they come to vote upon it. I 
find in the latter part of the section, 
that which I think, if not wrong, 
would be liable to a misconstruction. 
It provides for the reformation of 
"all children of such age, who are 
destitute of proper parental care." 
Now, sir, I do not think it is the inten- 
tion to say that from the mere fact 
that a child was destitute of proper 
parental care, he should be sent to 
the reform school: but, sir, it is li- 
able of lieing so construed. The 
child, il is true, may be an orphan, 
and be thrown entirely on its own re- 
sources, and yet not be a proper sub- 
ject for the reform school. I think it 
might be made plain by striking out, 
in the 5th line, the words "are des- 
titute of proper parental care or 
who" and inserting the words "for 



want of proper parental care or other 
cause." I offer such as an amend- 
ment. 

Mr. MYERS. Mr. Chairman, be- 
fore I vote for this, I wish to know 
whether this is to be that part of the 
schools of the State commonly known 
as ragged schools — that Is, schools 
for such children as have not the 
means of education. Whether it is 
intended to make a distinction be- 
tween the poor and the wealthy. I 
would not desire to see anything of 
this kind placed in our Constitution. 
There ought to be no such distinction 
made in the Constitution. I think, 
however proper it may be for the 
Legislature to make it. we ought sim- 
ply to lay the foundation of a gen- 
eral school system that embraces all 
the children of this commonwealth. 
The Legislature will put this clause 
of the Constitution In operation by 
appropriate law. If we establish a 
house of correction for vicious child- 
ren, that may be within the jurisdic- 
tion of the Legislature; but I would 
like to present a school system to the 
people of the State that is not em- 
barrassed by any insinuations against 
the purity of the people, against the 
purity of any child in the State. I do 
not think it is proper to impeach the 
rising generation. For these reasons 
I shall vote against these proposi- 
tions, and shall prefer to sustain a 
clailse that will give us a common 
school system in the Constitution 
without bearing upon its face the 
least reflection upon any one. 

The motion was agreed to. 

Mr. MAXWELL. I move that we 
add to section four the following: 
"Provided, that this section shall not 



REFORM SCHOOLS 



281 



MAXWELL— ESTABROOK 



iJuly 12 



be so construed as to require said in- 
stitutions to tie sustained entirely 
from tlie school fund, nor shall ap- 
propriations be made from said fund 
for the erection of buildings." As 
this now stands you leave the school 
fund, to a certain extent, unlimited, 
so that you will have to sustain an 
institution of this kind, because this 
section will admit of a like construc- 
tion, you can establish this class of 
reformatory school. If established 
it must be sustained by public funds. 
This section will admit of that be- 
ing sustained out of the common 
school fund. How many of such 
buildings shall there be in the State? 
The number is unlimited, wherever 
one is necessary. How many schol- 
ars are necessary to have an institu- 
tion of that kind? Perhaps every 
county in the second tier of counties 
will have one. If every county on 
the river has a right to one, every 
other county has. We must trust 
something to the Legislature. We 
submit our work to the people of this 
State. The school fund may possibly 
be squandered or diverted from the 
object for which the grant was given. 
I think these institutions should not 
be supported out of this fund; no 
part of it should be applied for the 
building. They may establish 
schools for the safe keeping, edu- 
cation and reformation. Would not 
that allow them to erect buildings? 
Here is a specific class of schools 
"they shall establish." That means 
something more than common 
schools. They are to erect buildings, 
because that is the first important 
thing to be done. Supposing the law 
had said they shall establish a uni- 



versity and there was no building. 
How are you to have one without a 
building? That is the first thing 
necessary. I think we ought to adopt 
some safeguards in order to provide 
against the possible, if not probable, 
chances of having this school fund 
diverted from the original purpose. 

Mr. ESTABROOK. I wish to offer 
congratulations that one of our mem- 
bers is so sharp and keen. If his re- 
marks have any foundation, I should 
feel alarmed lest some portions of 
this school fund might be squander- 
ed. He cannot feel any more solici- 
tous than I do. that they shall be 
properly used. In the first place in 
regard to the common school fund, 
whether we are to bring these child- 
ren from the streets, bring them up 
in such a way that their better quali- 
ties may be unfolded by means of the 
great magnificence of the school fund 
which the general government has 
provided. I wotild like to know what 
the gentleman from Cass (Mr. Max- 
well) calls squandering? Whether 
he calls picking up the little waifs as 
they float around the streets and are 
becoming vagabonds, whether he 
calls that a squandering of the school 
fund? No, sir! If I had my will, and 
there was but one to be cared for un- 
der the provisions of the common 
school fund, I would see that these 
little heljiless waifs that are brought 
here into this world unwelcome creat- 
ures, they should first be cared for by 
the provisions of the school law. In 
the preparation of this Article, I 
made a mistake by not providing that 
they should be first cared for. I in- 
tended that they should be. I intend- 
ed, as far as my action goes, that the 



2S2 



COMMON SCHOOL FUNDS 



Wednesday 



ESTA BROOK 



[July 12 



common school fund should embrace 
them as closely, if not more closely, 
in the arms of its protection and 
guardianship, and just as closely as 
any other portion of the community. 
Now. let us see, in the first place, of 
what the fund consists. I have al- 
ready stated that no State in the 
Union of States contains such a fund 
as we have. We have, as has been 
reported by a competent engineer, 
who is a member of the Committee, 
at least $25,000,000 of money arising 
from the permanent fund alone; at 
least $25,000,000, drawing, if you 
please anywhere from six to ten per 
cent. We have ten times the school 
fund of any State in the Union, be- 
cause any one western state having 
$3,000,000 of school money, makes 
it a subject of boast, and we have not 
less than 21,000,000 or 22,000,000 
when all our lands are brought into 
market and sold. This is our common 
school fund. In addition to it we 
have upon our statute book a pro- 
vision which turns into the common 
school fund to be used for every day 
purposes in the waj' of distribution 
among the districts. We have all the 
fines under the penal code and all the 
license moneys. We regard this 
fund, the fund arising from the fines 
under the penal code, and the licen- 
ses for the sale of liquor, as the most 
appropriate fund to turn into the 
common school fund for the support 
of this peculiar species of school, pe- 
culiarly appropriate for it; hence we 
left it as I will read: "All other 
grants, gifts and devises that have 
been or may hereafter be made to 
this State, and not otherwise appro- 
priated by the terms of the grant. 



gift or devise, the interest of which 
said funds, together with all rents 
of the unsold school lands, and such 
other means as the Legislature may 
provide, shall be exclusively applied 
to the following objects, to wit," 
meaning also these funds arising 
from the violations of the penal code, 
license moneys and the like, should 
also be turned into the common 
school fund. There is sufficient with- 
out touching any portion of the fund 
arising from the sale of land. He 
says it may be used for the purpose 
of building school houses. I say the 
provisions of the Constitution for- 
bid it. This is made a part of the 
common school system. The fund 
would divert from the common 
school and be diverted from the 
support of those schools. And in re- 
gard to that school it provides that 
the moneys shall be exclusively ap- 
plied: "first — to the support and 
maintenance of common schools in 
each school district in the State, and 
the purchase of suitable libraries and 
apparatus therefor." These moneys 
"shall be exclusively applied to the 
maintenance of schools." That for- 
bids the idea. It was so regarded In 
Wisconsin from whence it was tak- 
en, and it is the true meaning of the 
language and can bear no other con- 
struction. And the remainder shall 
be applied as provided in the second 
subdivision. All this tinkering on 
the subject is entirely unnecessary. 
If any gentleman will point out any 
defect no one wall be readier than 
myself to rectify it. In regard to 
the location in every district. It 
there were any necessity for it I would 
say put one in every school district 



REFORM SCHOOLS 



283 



Wednesday) 



ESTABROOK— MAX WKLL 



(July 12 



in the entire State and it is no waste 
of school money. But I imagine we 
shall do as other States have done 
which institute reform schools. We 
shall need no more of these than 
lunatic asylums, penitentiaries, etc. 
Many children are brought before the 
police courts, charged with crime 
who, nevertheless, are too small to be 
accountable, and hence to be dismiss- 
ed into the streets and left to the 
evil habits growing upon them. We 
need a place where these individu- 
als can be tenderly taken into the cus- 
tody of the law, and placed in some 
spot where no stain or opprobrium 
may ba attached to them; but where 
they may have a substantial educa- 
tion. And when men talk about 
squandering money they have not 
delved down to the foundation. 

Mr. MAXWELL. After listening 
to my friend I think he entirely mis- 
understands my position on this sub- 
ject. I am in favor of the passage 
of this act. I say it is not proper to 
attach to the Constitution a provis- 
ion that part of the school fund be 
appropriated to maintaining this 
class of schools, and this language is 
very strong: "The Legislature, for 
some definite length of time each 
year, to be fixed by the law, shall es- 
tablish schools for the safe keeping," 
etc. Now. what does that mean, Mr. 
Chairman? It means something 
more than schools. That is that they 
shall establish houses of correction. 
They give them the name of schools, 
but that is, in effect, what it means. 
"Safe Keeping"! What does that 
mean? Why not have a provision 
like that in respect to common 
schools? It means that they shall 



take the children up and keep them 
in these institutions — take them out 
of the world, in fact, and keep them 
in these schools and educate them. 
For a certain class of children I am 
in favor of such an institution as 
that, and of having a sufficient num- 
ber of them, and having appropria- 
tions made by the Legislature as 
shall be needed. But to make a pro- 
vision of this kind in the Constitution 
that is liable to construction, and to 
divert the funds from their proper 
course. I say that is mis-appropriat- 
ing the funds; and, for the purpose, 
it might be said, squandering the 
school fund, not the money. But it is 
misapplying the money which we are 
bound to disburse in good faith. 
"For the safe keeping, education, em- 
ployment and reformation of all 
children of such age who are desti- 
tute of proper parental care." The 
gentleman says he would be in fav- 
or of having one in every district, if 
necessary. Now, I object to this be- 
cause, for one reason, the number is 
unlimited. Call them by their true 
name — houses of reformation. There 
is certain provision that these may 
be provided for not out of school 
funds. Now, what will it cost to sus- 
tain an institution of that kind for a 
year? It must have teachers, super- 
intendents and a lot of officers. Sal- 
aries would amount to, perhaps, sev- 
eral thousand dollars. How much 
would it be for Douglas, Cass, Otoe 
and other counties? That is left in- 
definite — how much is the appropria- 
tion for the house of reformation, in 
fact. Because if we establish houses 
of reformation, which is the appro- 
priate term, would not that bear the 



28J: 



REFORM SCHOOLS 



Wednesday! 



MAXWELL— TO WLE 



[July 18 



construction tuat thej' build those 
houses? All I ask Is that this fund 
shall not be diverted from its origi- 
nal purpose. Under this the whole 
cost must be sustained out of the 
school fund. The gentleman says 
our school fund is very large. That 
is counting our chickens before they 
are hatched. They will pay two 
mills on the dollar to sustain the 
schools. Your property and mine help 
sustain the schools to day. I do not 
complain, but this 25,000,000, in all 
probability we have not got now; and 
being taxed as we are to sustain the 
schools in the condition they are 
now, not yet free, even with this tax. 
Now. if we divert $20,000 or $30,000 
or $50,000 from that fund to support 
one institution of this kind, does not 
that divert so much money that 
might be distributed throughout the 
State? And if the Legislature felt 
like it they might appropriate two or 
three hundred thousand dollars for 
that purpose. 

Mr. TOWLE. It appears to me, Mr. 
Chairman, that the ground taken by 
the gentleman from Cass. (Mr. Max- 
well) is perfectly tenable, just and 
proper. The gentleman from Doug- 
las (Mr. Estabrook) begs the ques- 
tion and avoided the point. He went 
oft in a high fainting speech in re- 
lation to these little waifs. The logic 
and spirit of it I heartily concur in. 
It is the especial duty of the State, at 
all hazards, to provide for the educa- 
tion and protection of this unfor- 
lunate class of human beings. But 
the question for us to decide is out 
of what fund these unfortunates 
shall be provided for. The common 
school fund is one belonging to the 



whole State at large. Every man, 
woman and child is entitled to a per 
capita amount of that school fund, 
and it is not right that that fund 
should be diverted to building refor- 
matory institutions for the large 
cities. Now, then, from what source 
shall these moneys come? Why 
from what portions of the State do 
these waifs come? We do not find 
them on the prairies, but congregat- 
ed in the large cities, where there is 
a wealthy population: and where vice 
most abounds. These wealthy com- 
munities are able to bear taxation, 
and these schools should be kept 
either by a local tax or an appropria- 
tion. Mr. Chairman, I am in favor of 
all these reformatory institutions in 
the very sections of the State where 
they are needed. I am in favor, gen- 
tlemen, of a direct taxation, or an 
appropriation out of the general 
fund, which is the same as a direct 
tax upon all parts of the State, to de- 
fray the expense of these institutions. 
For that reason, Mr. Chairman, I am 
in favor of the amendment offered by 
the gentleman from Cass (Mr. Max- 
well). 

The CHAIRMAN. Gentlemen, 

those in favor of the amendment of- 
fered by the gentleman from Cass 
(Mr. Maxwell) will say "aye" those 
opposed will say "no." 

The Convention divided, and the 
amendment was adopted. 

Mr. McCANN. Mr. Chairman, I 
move the adoption of section 4. 

Mr. THOMAS If the gentleman 
will withdraw his motion for the 
adoption of the section. 1 will offer 
an amendment. 



COMPtJLSOKY EDUCATION 



285 



Wednesday] 



THOMAS— SPRAGUE— LAKE 



[July 12 



Mr. McCANN. I withdraw my motion. 
Mr. THOMAS. Mr. Chairman, I 
move to amend the section by insert- 
ing after the word "shall." in the 2nd 
line, the words "where it is practic- 
able." It seems to me there is a 
defect in the section as it now stands 
for the reason that in some sections 
of our State it is an absolute impossi- 
bility to send children to school. I 
believe in leaving this matter with 
the Legislature, and when it is prac- 
ticable to send children to school, 
to make education compulsatory. 
In some portions of our State, it 
must be impossible to send children 
to school. It may be said that the 
Section applies only where the child 
is not educated by other means, but 
in some places parents are not ca- 
pable of teaching their children. If 
there are schools within a certain 
distance, say one, two or three miles 
then it would do, but there are many 
places where it would not be possible 
to maintain schools. Now, I think 
that this matter might be left to the 
Legislature to say in what cases It is 
practicable to enforce this law. 

Mr. SPRAGUE. Mr. Chairman, 1 
had prepared an amendment simi- 
lar to that offered by Mr. Thomas, 
and I think his amendment ought to 
be adopted. There are, as he re- I 
marks, many places where parents 
are not able to send their children , 
to school, for the reason that there I 
are no schools in their vicinity, and 
if the State is going to assume the re- 
sponsibility of sending these children 
away to school, it will be found that 
there is an extent of business on the 
hands of the State, which will soon 
absorb the entire school fund. 



Mr. LAKE. Mr. Chairman, I will 
ask whether we have laws to pro- 
vide how the school districts througti- 
out the State are divided; what tet'- 
ritory shall be embraced in each, and 
also in respect to the organization of 
these districts? Now it seems to me 
we are to look upon the formation of 
this Constitution like reasonable be- 
ings. We are not to suppose that the 
Legislature will punish a parent foi 
not sending a child to school where 
the Legislature has not provided 
schools to which they may be sent. 
I agree with the gentleman from Ne- 
maha (Mr. Thomas) that this matter 
should be left with the Legislature. 
Schools will be established when the 
number of people living at any one 
point is sufficiently large to warrant. 
At these places schools will be estal- 
lished and it will be obligatory upon 
the directors of these school districts 
to build school houses. Where this 
is done — where means are provided, 
then, of course, the obligation will 
devolve upon the parent to send the 
child to school. But it cannot b'i 
possible that any member of this Con- 
vention can seriously entertain the 
idea that the Legislature will require 
any thing of the people of the State 
which can not be done. 

Mr. MAXWELL. Mr. Chairman, 
substantially, I am in favor of section 
four, but there are many questions 
arising upon this very section which 
might be unconstitutional. It seems 
to me we had better submit this sec- 
tion as an independent section, .(f 
we submit it as a part of the Consti- 
tution, the entire Constitution is to 
be rejected or adopted. I therefore 
move that section four be submitted 



286 



COMPULSORY EDUCATION 



Wednesday] 



ESTABROOK-MAXWELL-MYERS 



IJuly i; 



as an independent proposition. I 
would strike this section out of the 
Article. 

Mr. ESTABROOK. Mr. Chairman, 
the gentleman from Cass (Mr. Max- 
well) imagines it may be the death 
of this Constitution if this section i:; 
In it. Since our adjournment I havi 
sent several copies of this report to 
the leading newspapers of the State, 
with a written request on the margin 
to "comment." During the past few 
days, I have received several answers 
from some of our editors, and they 
all speak In free, hearty commenda- 
tion of the report, and of this sec- 
tion. This provision meets with the 
hearty approval of the Press of the 
State, and it seems to me it would be 
exceedingly idle and improper to sub- 
mit it separate. If anything can be 
done to perfect it, I shall not object. 

The CHAIRMAN. Gentlemen, are 
you ready for the question? The 
motion of the gentleman from Cass 
(Mr. Maxwell) is to strike out sec- 
tion four. 

Mr. MAXWELL. Mr. Chairman, If 
the statement made by the gentleman 
from Douglas (Mr. Estabrook) Is 
true, there can be no danger in sub- 
mitting this section as a separate 
proposition; while if there are any 
opposed to it, it will give them a 
chance to express it. The section 
reads, "proper parental care." There 
might be some who would want to 
know just what is meant by "proper 
parental care." The question might 
arise upon this as to what tribunal 
shall determine what is " proper par- 
ental care." Shall the school Board 
be the power, or what Board shall 
ileteminp tV.i's matter? Who is to 



enter the precincts of the home and 
determine the action between a man 
and his children? I always thought 
that the home was the man's castle. 
Now I submit that the whole Co^i- 
stitution might be endangered by this 
section, and therefore I think it 
ought to be submitted as a separate 
section. 

Mr. ESTABROOK. Mr. Chairman, 
there has been considerable said 
about the word "proper". Now I 
would like to ask the gentleman, as 
a legal men, what is to be understood, 
by the words "common carrier," and 
who is to determine its meaning? 
Such things are naturally left to the 
judgment of the courts and so it 
would be in this case. 

Mr. MYERS. Mr. Chairman, I was 
unfortunate in being absent when 
this question was argued so that I 
am ignorant of what has been done. 
Nor have I been enlightened much 
while I was here. I would move to 
strike out all after the word "law" 
in the fourth line. I do not wish ta 
to connect with our common school 
system the idea of criminals, or make 
our common schools a place of 
punishment, when they ought to be a 
place of pleasure. I believe thai 
one school separate from the com- 
mon schools would be sufficient to ac- 
commodate all children of this (lass 
for many years. 

The CHAIRMAN. The question is 
on the motion of the gentleman from 
Cass (Mr. Maxwell) to strike out 
the whole of Section four. 

The morion v/ns ciot ;iKreed to 

Mr. THOMAS. Mr. Chairman, 
there is no difference between the 
gentleman from Douglas (Mr. Lake) 



REFORM SCHOOLS 



5i87 



Wednesday] 



MYERS— GRAY-MANDERSON 



IJuly 12 



and myself. 1 think there is no dan- 
ger in leaving it to the Legislature 
to say whether it is practicable or 
not. I wish to word the ConstKu 
tion oin this matter so that the Legis- 
lature may exercise their discretiou 
upon it: but they cannot exercise any 
discretion as the Section stands. 

The CHAIRMAN. The question is 
on the amendment as offered bv 'lie 
gentleman from Nemaha (Mr. 
Thomas.) 

The amendment was agreed to. 

Mr. MYERS. Mr. Chairman, T 

move to strike out all after the word 
"law" in the 21st line. 

Mr. GRAY. Mr. Chairman, I 
shall favor this motion to strike out. 
I say that if the provision with re- 
ference to these reformatory schools 
could be made what I think it ought 
to be made I should favor it, but in 
the shape it is now, with these 
amendments tacked on it, I cannot 
support it. The committee reported 
this Section with the word "may" 
in place of "shall" immediately fol- 
lowing the word "law." They were 
willing to report that provision, leav- 
ing it entirely to the discretion of 
the Legislature, believing that the 
time might come in this State when 
the condition of the people wouM 
demand a system of education and 
reform. I believe, as a general thing 
it was not considered by that com- 
mittee that that time had come yet. 
It was not believed necessary to 
Inaugurate this school at the present 
time. I should be willing to support 
the last part of Section four, if the 
whole matter could be left with the 
Legislature to establish this kind of 
schools at the proper time. I agree 



Willi the gentleman from Cass (Mr. 
Maxwell) that these institutions will 
necessarily be expensive. To appro- 
priate school money to the mainten- 
ance of these institutions, would, I 
believe, be very unpopular with the 
people of this State. The Chairman 
of that committee enforced his views 
upon this committee of the Whole 
and was sustained. The word 
"shall" was put in in place of "may;" 
and I believe the members do not 
reflect fully upon that question; and 
I trust no private information will 
cause them to stand by the vote. I 
trust this Convention will now con- 
sider that the word "shall" makes it 
obligatory upon the first Legislature 
to create a number of these reforma- 
: tory schools and draw upon the com- 
mon school fund for their mainten- 
ance. It seems to me there is no 
occasion for the immediate estab- 
I lishment of them. It would be im- 
I proper to appropriate so much com- 
i mon school fund as would be neces- 
I sary. Therefore. I shall vote to 
strike out this portion of the section 
as it stands now. 

The motion was not agreed to. 

Mr. MANDERSON. Mr. Chairman, 

I move the adoption of the Article. 

Mr. NEWSOM. I move to strike 

j out the words "safe keeping" in the 

fourth line. 

; Mr. ESTABROOK. I would like 
, to say a few words in regard to that. 
We can all imagine some instances 
in our own knowlege. I recollect in 
! the city of Omaha where there are 
two boys in a family. A lumber deal- 
er lost money from his oflice; other 
individuals in the city lost money 
from their tills; a system of detection 



288 



KEFORM SCHOOLS 



Wednesday] 



ESTABROOK— MAJORS— HASCALL 



(July 12 



was set on foot and it was found that 
two brothers, small boys, (belonging 
to a respectable family.) and others, 
had combined to travel about the 
city and in this way they had contin- 
ued to pilfer money from tills. These 
boys eight, ten and twelve years old, 
were brought before the police court. 
They were tried, found guilty and 
had to be discharged as they were too 
young to be sent to prison. They 
were hardly conscious that they had 
committed a crime. What shall be 
done with them? There are but few 
of them comparatively. It is not 
true that the country does not have 
them, because in proportion to the 
amount of population, as much is 
done there as in the city. Now these 
particular instances have come under 
my own observation and have 
prompted me, to a very considerable 
extent, to embrace the doctrine. In 
regard to the safe keeping of them 
I tell you, if you do not provide some 
safeguards some means by which 
they may be restrained and educated, 
you cannot keep them. You might 
as well undertake to keep a fleaun- 
der your hand. Mother Goose, in giv- 
ing her method of cooking a rabbit 
says first get the rabbit. You cannot 
educate him unless you retain him, 
not keep him as a prisoner, that is 
a mistake. Not to hold him as a 
criminal; not to put the mark of 
Cain upon his forehead; but rather 
to prevent the mark of Cain from be- 
ing placed there. Place him where 
he shall have good instruction and 
example set before him, where he 
may be made a good and useful citi- 
zen. How else win you do it? Do 
you propose to keep your school 



system pure by turning these little 
criminals outside of your protection? 
My friends, you should do like the 
good Samaritan, not visit those who 
are well, but those who are sick. It 
strikes me as one of the most laud- 
able efforts this Convention can put 
forth. 

The CHAIRMAN'. The motion is 
on striking out all after the word 
"lay" [law] in the fourth line. 

The motion was not agreed to. 

Mr. MA.JORS. I move that we re- 
consider the vote that changed the 
word "may" to "shall" in the fourth 
line. 

The CHAIRMAN. A motion to re- 
consider is not in order in Committee 
of the Whole. 

Mr. MAXWELL. If the gentle- 
man from Nemaha voted in the af- 
firmative he has a right to move a re- 
consideration. 

Mr. HASCALL. Mr. Chairman. I 
consider in Committee of the Whole, 
a motion to reconsider is improper. 
The whole subject matter is iu the 
hands of the Committee until such 
time as they rise and make their re- 
port. Any time before they rise, if 
they see fit to change anything they 
have the power to do it. We are try- 
ing to settle details here, and if it is 
the sense of the Committee to report 
this section back with the word 
"may" instead of "shall", I think the 
Committee have the right to do so. 

Mr. MAJORS. There is no differ- 
ence of opinion between the gentle- 
man from Douglas (Gen. Estabrook) 
and myself as to the right of the 
Committee to take any action they 
please in this matter, and I do not 
know any better way we can take 



REFORM SCHOOLS 



289 



Wednesday) 



NEWSOM-ESTABROOK— MAJORS 



[July 13 



than by a motion to reconsider. And 
I ttiink it is one of the means by 
which we can reach at the sense of 
this convention.lt is as short a way, 
probably as any other. 

Mr. NEWSOM. Cushing's Manual, 
which we take as an authority, in the 
absence of any special rule says: — 

2 57 — It is usual in legislative bod- 
ies, to regulate, by a special rule, the 
time, manner, and by whom, a mo- 
tion to reconsider may be made; thus, 
for example, that it shall be made 
only on the same or succeeding day — 
by a member who voted with the ma- 
jority, or at a time when there are 
as many members present as there 
were when the vote was passed; but, 
where there is no special rule on the 
subject, a motion to reconsider must 
be considered in the same light as 
any other motion, and as subject to 
no other rules. 

Mr. THOMAS. If it can be done in 
the House there is no rule to prevent 
it being done in the Committee of the 
Whole. We may find something we 
desire to go back and amend. 

The CHAIRMAN. I am in doubt 
about the rule, but I will put the mo- 
tion. I am satisfied the motion is not 
in order. 

The motion was agreed to. 

The CHAIRMAN. The question 
now recurs on the motion of the gen- 
tleman from Douglas (Mr. Esta- 
brook.) 

Mr. ESTABROOK. Let me pre- 
sent this condition of affairs. 
There is no mandamus or any other 
kind of a damns to constrain the Leg- 
islature to do what it does not want 
to do. But we want to preserve con- 
sistency. The first part of this sec- 
tion is imperative. It requires that 
every scholar shall be educated as 

19 



far as practicable. Now, let that be 
carried into effect, but let there be a 
discretion given to the Legislature in 
regard to others; and let that body 
refuse to act in the premises, and 
then, if this scholar is turned out of 
the public schools, I ask what will 
you do with him? You find, in some 
schools, when you compel the child to 
attend, you often have an incorrig- 
ible rogue of a boy, so bad as to spoil 
the entire school while present; so 
bad as to constrain you to expel him 
from the school. I ask now, my 
good friend the gentleman from Ne- 
maha (Mr. Majors,) what are you 
going to do with that child? 

Mr. MAJORS. We have just pass- 
ed a resolution saying that this pow- 
er shall be left to the discretion of 
the Legislature, as to sending such 
boys where it is practicable to send 
them. And all I ask in this matter is 
that you indicate it sufficient to give 
the Legislature the basis upon which 
to establish such schools: and then I 
am entirely willing to leave it to the 
future Legislature. 

Mr. ESTABROOK. Then it will 
require us to change the word "shall" 
in the first part of the section. I 
understand the gentleman from 
Nemaha (Mr. Thomas) to say there 
are some districts where there are 
children living so far from school 
that it is impossible for them to at- 
tend. But in those regions where It 
is practicable; in those portions, 
where you constrain them to send 
children to school, and you find ani 
incorrigible boy whom you cannot 
keep in your school under ordinary 
discipline, I ask what shall be done 



290 



DISTRICT SCHOOLS 



Wednesday ] 



MAJORS— THOMAS— McCANN 



[July 



with him? The Legislature has for- 
borne to establish reformatory 
schools, while tney have been con- 
strained to establish the compulsory 
schools. You turn him into the 
streets, and will finally bring him in- 
to the penitentiary. 

Mr. MAJORS. We will turn him 
over to that clause of the section 
where he is not educated by some 
other means. 

Mr. THOMAS. I hope the word 
"shall" will be allowed to remain. 
It seems to me this leaves the matter 
in the hands of the Legislature to 
establish one or more reformatory 
schools, just as they may think prop- 
er. There certainly ought to be some 
reformatory schools in the State. 

Mr. MAJORS. I am in favor of 
leaving it to the Legislature entirely. 
I think they will provide schools 
when necessary. 

Mr. GRAY. I hope every gentle- 
man will understand this before he 
votes. I am in favor of the word 
"may". So that the Legislature may, 
when the condition of the country re- 
quires it, establish these reformatory 
buildings. 

Mr. WAKELEY. I move to amend 
the amendment by striking out the 
words "may establish schools," and 
inserting "shall establish a school or 
schools." The effect of this, as all 
will see, will make it obligatory on 
the Legislature to establish one, but 
leaves it discretionary whether it es- 
tablishes more. 

Mr. GRAY. I move an amend- 
ment to the amendment, or rather by 
way of a substitute, commencing af- 
ter the word "and" as follows: "may 
when in its opinion, the condition of 



the State requires it, establish 
schols." etc. 

The CHAIRMAN. Gentlemen. The 
question is upon the amendment of- 
fered by the gentleman from Dodge 
(Mr. Gray). 

The amendment was not adopted. 

The CHAIRMAN. The question 
now recurs upon the amendment of- 
fered by the gentleman from Doug- 
las (Mr. Wakeley). 

The Convention divided and the 
amendment was adopted. 

Mr. McCANN. Mr. Chairman, I 
now move the adoption of section 
four. 

The Convention divided and the 
motion was agreed to. 

The Secretary read section five as 
follows: 

Sec. 5. The Legislature shall pro- 
vide by law for the establishment of 
district schools, which shall be as 
nearly uniform as practicable, and 
such schools shall be free and with- 
out charge for tuition, to all children 
between the ages of five and twenty- 
one years. 

Mr. McCANN. Mr. Chairman, I 
move to strike out, in the 2nd line, 
the words, "be as nearly uniform as 
practicable and such school shall". 
The section will then read — "The 
Legislature shall provide by law for 
the establishment of district schools, 
which shall be free and without 
charge for tuition, to all children be- 
tween the ages of five and twenty- 
one years." The object in this is: in 
our large towns it has been found 
necessary to make the schools differ 
very materially from those in more 
sparsely settled districts. 

Mr. ESTABROOK. Mr. Chair- 
man. I know that when the term 



UNIFORMITY OF PUBLIC SCHOOLS 



291 



ESTABROOK— MCCANN 



[July 12 



has been used without qualification, 
requiring that the common schools 
shall be uniform, much difficulty has 
occurred; but here there is latitude 
and the discretion which is vested in 
the Legislature, is almost tantamount 
to striking the clause referred to out. 
That is to say. you shall not put up, 
in one place High school buildings, 
and in another place, in a more spar- 
sely settled section, little log school 
houses. It seems to me that the 
trouble that has been experienced in 
other portions of the United States — 
I believe they have had consider- 
able trouble with the term "uniform" 
in Indiana — will be of service to us. 
The section provides that the schools 
shall be uniform as to the books, the 
form adopted for teaching, etc., as 
nearly as possible throughout the 
State. If you had a school of low 
grade at one point of the country, it 
provides that you could not establish 
schools of a high grade in another 
part of the country. This section was 
copied bodily from the Wisconsin 
Constitution, and I know they had 
the experience of Indiana in view, 
when it was drafted. It seems to 
me that while it furnishes a whole- 
some rule, it does not restrain the 
Legislature. 

Mr. McCANX. Mr. Chairman, The 
gentleman has stated this term has 
given trouble in the State of Indiana, 
and that is true. It has likewise 
given trouble in every State where 
it is used. The term has been strick- 
en out of the school laws of Penn- 
sylvania, Massachusetts and Indiana. 
I think every member here will agree 
with me that it is objectionable. The 
report contains very many valuable 



provisions, which will be of lasting 
benefit and honor to our State, but I 
do hope that we may get rid of this 
objectionable phrase. The Legisla- 
ture will, no doubt, provide for the 
establishment of schools as this sec- 
tion provides, but they cannot be uni- 
form throughout the State. . 

The CHAIRMAN. Gentlemen, the 
question is upon the amendment of- 
fered by the gentleman from Otoe 
(Mr. McCann) to strike out, in the 
2nd line the words "be as nearly 
uniform as practicable, and such 
schools shall." 

The amendment was not adopted. 

Mr. SPEICE. I move that sec. 5 be 
adopted. 

The motion was agreed to. 

The Secretary read section six as 
follows: 

Sec. 6. Provision shall be made by 
law for the equal distribution of the 
income of the fund set apart for the 
support of common schools, among 
the several school districts of the 
State, in some just proportion to the 
number of children and youth resi- 
dent therein between the ages of five 
and twenty-one years, and no appro- 
priation shall be made from said 
fund to any district for the year in 
which a school shall not be maintain- 
ed at least three months. 

Mr. MAXWELL. Mr. Chairman, I 
move to strike out in the second line 
the words "some just." 

The amendment was agreed to. 

Mr. STEVENSON. Mr. Chairman, 
I move that the section be adopted as 
amended. 

The sixth section was adopted. 

The Secretary read the seventh 
section as follows: 

Sec. 7. No University lands. Ag- 
ricultural college lands. common 
school lands, or other lands which 



292 



LOCATION OF AGRICULTURAL COLLEGE 



Wednesday ] 



MAJORS— HASCALL— CAMPBELL 



[July 12 



are now held or which hereafter may 
be acquired by the State for educa- 
tional purposes, shall be sold for less 
than seven dollars per acre. 

Mr. MAJORS. I move the section 
be adopted. 

The seventh section was adopted. 

The Secretary read section eight as 
follows: 

Sec. S. All funds belonging to the 
State for educational purposes, the 
interest and income whereof only to 
be used, shall be deemed trust 
funds held by the State as trustee, 
and the State shall supply all losses 
thereof that may in any manner oc- 
cur, so that the same shall remain 
forever inviolate and undiminished: 
and such funds, with the interest and 
income thereof, are hereby solemnly 
pledged for the purposes for which 
they are granted and set apart, and 
shall not be transferred to any other 
fund for other uses. 

Mr. HASCALL. Mr. Chairman. I 
move its adoption. 

The section was adopted. 

The Secretary read the ninth sec- 
tion as follows: 

Sec. 9. The location of the Uni- 
versity and Agricultural college at 
the Capital of the State, as already 
established by existing laws, is hereby 
sanctioned and confirmed, and said 
institution is hereby declared to be 
the University and Agricultural 
College of this State; provided, that 
other Agricultural Colleges and ex- 
perimental farms may be established 
by the Legislature when the wants 
of the people may so require. 

Mr. CAMPBELL. Mr. Chairman, 
I move to strike out all after the 
word "State" in the first line, to the 
word "State" in the 3d line, and in- 
sert "shall be established" between 
the words "College" and "at" in the 
first line. That will be one amend- 
ment and the other is in the second 
part, to strike out the word "many" 



in the 4th line, and insert "shall" in 
the place of it; also to strike out the 
words "the wants of the people may 
so require," in the 4th and 5th lines 
and insert in lieu thereof the words 
"there are funds suflScient to sup- 
port such colleges." I see no use 
of that law which was passed by the 
Legislature establishing this Uni- 
versity. It is like the dragon seen 
in the vision by John, it has seven 
heads and one hundred horns. I 
don't believe there are enough boys 
in the State to establish a freshman 
class, and yet under that law the 
first thing that these regents did was 
to elect a Chancellor, who has been 
under pay from last June at a sal- 
ery of $5,000, and other professors 
whose salaries amount to $13,000. 

Mr. KIRKPATRICK. I will re- 
mind the gentleman that there are 
six colleges here instead of one. 

Mr. CAMPBELL. Sis depart- 
ments, they are called. First, "Col- 
lege of Ancient and Modern Litera- 
ture, Mathematics and the natural 
Sciences. 

Second. A college of Agriculture. 

Third. A College of Law. 

Fourth, A College of Medicine. 

Fifth. A College of Practical Sci- 
ence, Civil Engineering and Mechan- 
ics. 

Sixth. A College of Fine Arts, 
and then it goes on to name the dif- 
ferent departments. This is the drag- 
on with seven heads and one hun- 
dred horns. There has only six horns 
appeared here yet as professors. My 
object is to establish Agricultural 
Colleges independent from the State 
university, and in every county, to 
teach our boys how to till the land 



LOCATION OF AGRICULTURAL COLLEGE 



293 



Wednesday] 



BALLARD— ESTA BROOK— HASCALL 



[July 12 



and how to take care of their child- 
ren., 

Mr. BALLARD. I wish to ask the 
gentleman if this is the first beast of 
that character he has seen or heard' 
of in or about Lincoln? 

Mr. CAMPBELL. Well I have 
never seen any. 

Mr. ESTABROOK. I thought I had 
the book containing the act of Con- 
gress giving land for the purpose of 
Agricultural Colleges. It provides 
we shall erect a building within a 
given time out of our own funds, 
and the object of making this provis- 
ion in the Constitution was to show 
that, within the time, we had com- 
plied with that law. Otherwise the 
time may have elapsed, it will elapse 
before by any possibility or chance 
or probability we can erect an Agri- 
cultural College building, so as to be 
within the meaning of that act. The 
language implied here is for the pur- 
pose of showing on the face of our 
Constitution that we had complied 
with the law, and within the given 
time built our Agricultural College 
building. Before we strike out any- 
thing we had better get the law of 
Congress. By prompt action on the 
part of the Convention we have res- 
cued these lands. The object is to 
declare positively that the building 
erected as a College should be deem- 
ed the Agricultural College; and so 
established, so as to show that we 
had in good faith complied with the 
provisions of the acts of Congress. 
I see no harm done by declaring it so. 
I would not capriciously charge this 
unless some good result was to be at- 
tained. It is done in view of the ex- 
plicit provisions of that act. 



Mr. HASCALL. Mr. Chairman, I 
have had occasion to examine the pro- 
visions of the law of Congress in re- 
lation to this, and although I am not 
able to state at this time, the pre- 
cise time we had to erect this build- 
ing, still I am satisfied that it is too 
late to undertake to comply with the 
pi-ovisions of that act after this time; 
therefore we must consider the build- 
ing already erected, which was erect- 
ed in accordance with the law of the 
Legislature, as the Agricultural Col- 
lege. That being the case I think 
it highly proper this provision should 
be inserted in the Constitution, 
showing that we announce that 
building as our Agricultural College. 

Mr. CAMPBELL. If I remember 
right, we are entitled to a certain 
quantity of land in proportion to the 
number of Senators and Representa- 
tives we have in Congress, and this 
law was passed as a necessity in or- 
der to carry out the requirements of 
Congress making the grant to the 
State. The time has passed for fur- 
ther action in that respect, therefore 
we should sanction this location and 
the erection of this building as the 
Agricultural College of the State. 
Afterwards we can build more Agri- 
cultural Colleges. 

Mr. HASCALL. The point I made 
was this. The erection of this build- 
ing secures the land to the State: 
it complies with the requirements 
of the acts of Congress, which gives 
us 30,000 acres for each of our three 
members of Congress. If the gentle- 
man wishes afterwards to establish 
Agricultural Colleges and experimen- 
tal farms in the different counties 
of the State, he has the privilege of 



'294 



LOCATION OF AGRICULTURAL COLLEGE 



Wednesday) 



GRAY- STEICKLA ND - McCANN 



[July 12 



doing so. So far as putting in a pro- 
vision that we will build them when 
we gfct the money, I am not satisfied 
with a provision of that kind. 

Mr. GRAY. I desire to offer an 
amendment to the amendment, that 
we strike out all after the word 
"State" in the first line to the words 
"is hereby" in the second line. The 
object, Mr. Chairman, of the gentle- 
man from Otoe in making his mo- 
tion I understand to be simply this — 
to get rid of adopting, or confirming, 
as it were, to make a part of this 
Constitution, particular acts of the 
Legislature establishing this univer- 
sity and Agricultural College, so 
that future Legislatures can regulate 
it as they see fit. That portion which 
I move to strike out only refers to 
the existing law on the subject. It 
still establishes the university and 
Agricultural College at the Capital. 

Mr. STRICKLAND. I think there 
is some mistake in regard to this 
law. There was a law of the Twelfth 
Congress and a subsequent one, I 
have sent for the book and it will be 
here in a few minutes. 

Mr. GRAY. This is another law, 

Mr. STRICKLAND. I am speaking 
of acts of Congress which gave Agri- 
cultural Colleges scrip and after- 
wards made applicable by a special 
act, to the State of Nebraska. 

Mr. GRAY. The law referred to 
here and the only one that is ob- 
jectionable that the gentleman had 
in mind, is this, it is an act of the 
Legislature of this State approved 
February 15, 1SG9; and we find this 
section in it: "The several buildings 
of the university shall all be erected 
within a radius of four miles from 



the State House." It is a very- 
strange law, and needs reformation 
and amendment very much, and for 
that reason I hope this Convention 
will not adopt this law and tack it 
to the Constitution: and place it in 
such a shape that hereafter, for all 
time to come, we shall labor under 
all the disadvantages that this law 
will place us under. I trust we shall 
strike out this portion of the section 
which seeks to tack this objection- 
able law to the Constitution itself. 
Not that I care anything about it, 
all there is about the laws of Con- 
gress on this subject is this, they 
grant certain lands for Agricultural 
purposes; it became necessary to es- 
tablish an Agricultural College with- 
in a given time in order to get the 
benefit of that donation of land, and 
hence I think it is necessary at this 
time. I think the time is about up, 
and, maybe. Is up already. I am sat- 
isfied it will, at least, be prudent for 
us to establish, by the Constitution, 
an Agricultural College. So I desire 
to retain that portion of the section 
which does establish and recognize 
the fact of an Agricultural College 
at the Capital. But the law relating 
to the university I leave that it may 
be amended. 

Mr. McCANN. The law to which 
the gentleman has referred is no 
doubt the one passed July 2, 1S62, 
granting lands for the erection of 
Agricultural Colleges. We have had 
a subsequent act since we have been 
a State, making that law of 1SG2, ap- 
plicable to Nebraska. Four years 
of that time has already expired. 
We have only one year in which we 
can erect our agricultural building; 



LOCATION OF AGRICULTURAL COLLEGE 



295 



Wednesda.vl 



McC ANN— STRICKLA ND 



[July 12 



and we all know Mr. Chairman, that 
we do not propose to build an Agri- 
cultural College during that time, 
hence the object of this section is 
instead of calling this university 
building the university and agricul- 
tural college of the State of Nebras- 
ka; hereby securing the donation of 
90.000 acres of land which have al- 
ready been selected for this purpose. 
All that I understand section nine 
to aim at is "the location of of the 
University and Agricultural College 
at the Capital of the State as already 
established by existing laws." I do 
not understand that we fear anything 
detrimental to the interests of the 
University or Agricultural College 
which may or may not be In that act. 
It is already established, so far as 
location is concerned, and other Agri- 
cultural Colleges and experimental 
farms may be established by the Leg- 
islature when the wants of the peo- 
ple may so require. I hope, Mr. 
Chairman, this section may be re- 
adopted as it is. I care not what may 
have been the imperfections of the 
act of 1SG9; it will not hinder us in 
going on in the organization of ou» 
University and Agricultural College, 
as contemplated by the law of Con- 
gress, and thereby securing as I said 
before, the 90,000 acres to which 
we are entitled, and which have al- 
ready been selected. We already 
have a building, and let us say we 
propose to use it for the purpose of 
confirming the location already made. 
That is all we wish to accomplish, 
as I understand it, in this ninth sec- 
tion, which gives the Legislature 
power to provide for the wants of 
the people as it may be required. 



Mr. STRICKLAND. Let me call 
the attention of the gentleman to the 
law of Congress, of July 2, 1862. It 
enumerates the conditions, etc. Here 
is a section: 

Seventh. No State shall be entitl- 
ed to the benefits of this act unless 
it shall express its acceptance there- 
of by its Legislature within two years 
from the date of its approval by the 
President. 

Now this condition is transmitted 
to the other act of Congress that re- 
lated to Nebraska. But the meaning 
of the Committee, I understand is. 
in this well-worded article, that it 
shall embrace, as a condition, this 
college, and designate it as the col- 
lege, showing that we have accepted 
the conditions of this act, and are 
thereby entitled to the land. From 
what my friend from Otoe (Dr. 
Campbell) and my friend from Dodge 
(Mr. Gray) say there is a wonderful 
proposition here. "The buildings 
shall all be erected within a radius 
of four miles of the State House." 
If we make the calculations upon the 
price we have set upon these lands, 
$7. per acre, we shall realize the sum 
of $630,000. Now, if we calculate it 
at what it will be worth in the fu- 
ture time you will have a million 
dollars. One of these Colleges might 
be wanted in Dakota; we might claim 
one in Douglas county. "The several 
buildings of the University shall all 
be erected within a radius of four 
miles of the State House." But, sup- 
pose you put your State House on 
wheels, and it goes West, will you 
follow it up with these buildings. 
I think there is something startling 
in the proposition of the gentleman 
from Dodge (Mr. Gray.) 



296 



LOCATION OF AGRICULTURAL COLLEGE 



Wednesday] 



STRICKLAND-MAJORS— GRAY 



[July 12 



Mr. TOWLB. Is there anything in 
the law which specified the time by 
which we must build an Agricultural 
College? 

Mr. STRICKLAND. Yes. I will 
read the third sub-division of the 
fifth section of the act of Congress 
of 1862: 

Third — Any State which may take 
and claim the benefit of the provis- 
ions of this act shall provide within 
five years, at least not less than one 
College, as described in the fourth 
section of this act, or the grant to 
such shall cease; and said State shall 
be bound to pay the United States 
the amount received of any lands 
previously sold, and that the title to 
purchasers under the State shall be 
valid. 

The wise provisions in this law are 
that you may build one college here, 
and another there, and scatter them 
about. But the Legislature unwisely 
grouped them. "The several build- 
ings." There might be twenty. We 
have money enough to wall this city 
in with them. "All shall be erected 
within four miles of the State 
House." If you name this as one col- 
lege, and then permit the State, in 
coming time, to locate other colleges, 
then I am in favor of the proposition. 
Otherwise, I shall be against it. 

Mr. MAJORS. Does this section 
have reference to the adoption of the 
law entire, or simply the location as 
adopted by existing laws. I had 
reference, in the Committee, to the 
location. The section says "the lo- 
cation of the University and Agricul- 
tural College at the Capital of the 
State, as already established by ex- 
isting laws, is hereby sanctioned and 
confirmed, etc." I do not think it nec- 
essarily follows, Mr. Chairman, that 



we confirm and adopt all the law tne 
Legislature has made in connection 
with the location of the University 
here; but simply with regard to the 
locating of all these buildings here 
for ever. If it is of course I am 
opposed to it. But if it is simply 
the location of the present University 
as established by existing laws, that 
we confirm in the location here, I 
shall support the measure. 

Mr. GRAY. My understanding. 
Mr. Chairman, is simply this — and I 
presume every lawyer on this floor 
will see it in the same light — take 
the words as here used; make that 
a part of the Constitution as it now 
is it refers right back to the act of 
our Legislature which is complained 
of by the gentleman from Otoe (Mr. 
Campbell), and which makes all the 
provisions a part of the Constitution 
itself. It takes the College as estab- 
lished, with all its machinery for its 
working, and under that law; and 
that law becomes a part of the defini- 
tion of the institution itself. When 
it provides for three or four buildings 
scattered about within a certain ra- 
dius, it takes that as the law pro- 
vides; and no gentleman who exam- 
ines that law, can fail to see that 
there are many objectionable fea- 
tures in the arrangement. All I seek 
to do is not to tie the hands of the peo- 
ple of this State by making an ob- 
jectionable provision a part of this 
Constitution. It says the State shall 
recognize the existence of an Agri- 
cultural College; and I guess there is 
no question about it. But it is not 
necessary for us to recognize and 
confirm as a part of the Constitu- 
tion, the law which regulates the 



LOCATION OF AGRICULTURAL COLLEGE 



297 



Wednesday] 



STEICKLANU-HASCALL 



[July 12 



College. It is only a question of the 
location. We can recognize and es- 
tablish that fact ourselves if we 
choose. But it is not necessary or 
proper that we attach this objection- 
able clause to the Constitution and 
make it binding on the people in all 
future time, but leave it where they 
can provide for its different depart- 
ments; the number of its professors; 
its governor, etc. 

Mr. STRICKLAND. Mr. Chairman, 
It seems as though, by inserting one 
word, this difficulty can be obviated. 
I think no one will say we should 
endorse this question of law, when 
it is so defective. I will read sec- 
tion 9: 

"The location of the University and 
Agricultural College at the Capital of 
the State, as already established by 
existing laws, is hereby sanctioned 
and confirmed, and said institution 
is hereby declared to be the Univer- 
sity and Agricultural College of this 
State; provided, that other Agricul- 
tural Colleges and experimental 
farms may be established by the Leg- 
lature when the wants of the peo- 
ple may so require." 

We say the Act relating to this 
matter, was a local act passed by the 
Legislature. The act of Congress 
provides that "any State which may 
take or claim the benefit of this Act, 
shall provide, within five years, at 
least one Agricultural College" that 
is the way the law of Congress reads. 
Now we may have one College, or 
half a dozen. I say that this pro- 
vision should not be adopted and 
unless this city of Lincoln is to be 
declared the Eternal City of this State 
we had better not place this matter 
in such shape that the Legislature 
will not be able to take action upon 
it. 



Mr. HASCALL. Mr. Chairman, I 
take it upon myself — 

Mr. STRICKLAND. (reading) 
"The several buildings of the Uni- 
versity shall all be located within 
four miles of the State House" — 

Mr. HASCALL. That relates to 
the University, and not to the Agri- 
cultural College. We undertake to 
explain in the Section what is meant 
by "the location." We say by this 
Section, that the location of one 
Agricultural College is already es- 
tablished — using a single term — and 
that that location is confirmed here. 
The latter part of the sentence makes 
it brief and clear and provides that 
"other Agricultural Colleges may be 
established by the Legislature, when 
the wants of the people may so re- 
quire." This Section clearly con- 
templates, and says in so many 
words, that whenever the Legislature 
wants to establish Experimental 
Farms and Agricultural Colleges, 
they may locate them wherever the 
will of the people may indicate they 
want them located — in any part of 
the State. This location referred to 
here means only one Agricultural 
College. It is recognized, in this 
Section, as an Agricultural College 
as well as a University, and its loca- 
tion here, is confirmed by the Con- 
stitution. And the other part of 
the Section comes in to say that 
other Agricultural Colleges may be 
established by the Legislature, and 
they may establish them and locate 
them wherever they please. That 
is the natural inference. It is only 
proper we should confirm the loca- 
tion of this building here in order 
to comply with the provisions of the 



298 



COLLEGES AND EXPERIMENTAL FARMS 



Wednesday) 



HASCALL— McCANN— ESTABROOK 



[July 12 



Act of Congress. The gentleman 
from Otoe (Mr. Campbell) wanted 
other Agricultural Colleges located 
throughout the State and this pro- 
vision says that the Legislature may 
establish other Agricultural Colleges 
throughout the State. 

Mr. STRICKLAND. Mr. Chairman, 
I would like to explain to my learned 
friend from Douglas (Mr. Hascall) i 
the inconsistencies of liis arguments. I 
He says the location of the Univer- 
sity and Agricultural College should 
be ratified by the Constitution. Let 
us read from the Section "as already 
established by existing laws" and 
then a little further on it provides 
that other Experimental Farms 
and Agricultural Colleges may be 
established by the Legislature. Now, 
look at the inconsistency of this. We 
adopt a provision which says the lo- 
cation of the Agricultural College 
of the State, at the Capital of the 
State as already established by exist- 
ing laws, and then make provision 
for several. 

Mr. HASCALL. Mr. Chairman, 
The error that the gentleman falls 
into is — he is trying to make the 
provisions of the law a part of the 
Constitution. Now the law says we 
may establish other Agricultural 
Colleges, but that one College is al- 
ready located and built, and we are 
asked to recognize and confirm this 
location. You must look at this sec- 
tion as a whole. The fore part of it 
merely confirms the location of the 
present Agricultural College and the 
latter part makes provision for other 
colleges. We proceed in the latter 
part of the section, to say that other 
colleges and experimental farms may 



be established. I think it is proper, 
and it is necessary that we have 
something standing to show that we 
have complied with the act of Con- 
gress. Now how does the learned 
gentleman from Douglas (Mr. Strick- 
land) like this. He says the section 
is a plain contradiction; but I think I 
I have shown that it is perfectly 
clear and explicit. 

Mr. McCANN. Mr. Chairman, I 
think I can offer a proposition which 
will be satisfactory to the Committee. 
I will read it: 

The University and Agricultural 
College at the Capital of the State 
is hereby declared to be the Univer- 
sity and Agricultural College of this 
State; provided that other Agricul- 
tural Colleges and Experimental 
Farms may be established elsewhere 
by the Legislature where the wants 
of the people may so require. 

I will state that all ambiguity in 
the fourth line, is removed. I have 
inserted the word "elsewhere" in that 
line. 

Mr. ESTABROOK. It may be 
claimed that the word "elsewhere" 
takes away all the ambiguity, but I 
think it adds to it. We have a law 
which provides that certain lands 
should be granted for the purpose 
of sustaining an Agricultural College 
and provides that in five years, after 
the State is admitted into the Union, 
at least one Agricultural College 
shall be established and also provides 
for the establishing after that of ex- 
perimental farms. In 18G7 the Leg- 
islature passed an act which seems 
to have escaped the observation of 
the gentleman. I will read it. 

The State University and the State 
Agricultural College shall be endow- 
ed as one educational institution, and 



LOCATIOIS OF AGRICULTURAL COLLEGE 



299 



Wednesday J 



EST A BROOK— STRICKL A N D 



[July 12 



shall be located upon a reservation 
selected by the said commissioners, 
in said "Lincoln," or upon lands be- 
longing to the State, and adjacent 
to the said town of "Lincoln," and 
the necessary buildings shall be 
erected as soon as funds can be se- 
cured. 

It was a matter of considerable 
concern as to the method in which 
this College should be erected; 
but they hit upon this plan of 
combining it with the University, 
and located it at Lincoln, and 
sold Lincoln lots to assist in the erec- 
ting of the building. There seems 
to have been some doubts about 
whether it was meeting the provis- 
ions of the act of Congress. But they 
went on, all the time calling it the 
Agricultural College and University. 
and in IS 6 9 an act was passed entitl- 
ed "An act to establish the Univer- 
sity." There have been acts of the 
Legislature touching the location of 
this Agricultural College and that 
location has been recognized as estab- 
lished. Now, what this section de- 
signs to do is, not only to say that 
the location is here: but that it is 
here under all these existing laws, 
showing that, commencing in 1S67, 
immediately after the passage of the 
act, we have complied with the pro- 
visions of the act. We simply say 
in this section the location, not the 
Legislation, of the Agricultural Col- 
lege here, which was made in 1867 
is sanctioned and confirmed. It is a 
mistaken view to claim that the law 
in reference to the University is in- 
cluded. One additional word, sir, in 
regard to the last clause. The act 
of Congress was passed in 1866 ex- 
tending the provisions of this act 
over Nebraska; and under that we 



were expected, within Ave years, to 
erect one College, and in 18 67 we did 
comply with that act in locating this 
University and College here. In any 
event there can be but one college, 
for the time has expired. Perhaps we 
may when we get more representa- 
tion. By this section we say that the 
location of this College is confirmed 
to the United States government, bap- 
tized in 1869 and given a name; we 
now re-baptize it. and say that it is 
located at Lincoln. 

Mr. STRICKLAND. I dislike to 
take up the time of this Convention, 
but Mr. Chairman, I am aware that 
no gentleman on this floor can use 
the English language to express his 
views better than my colleague (Mr. 
Bstabrook). But sir, if I should 
should stand here all day with my 
eyes resting on a mule, and he should 
should try to make me t>hink it was a 
horse he would fail. He says that 
this section only refers to the loca- 
tion of this college. The location is 
what we complain of. I^et me read 
you — ^"the location of the University 
and Agricultural College at the Cap- 
ital of the State, as already estab- 
lished." How established by existing 
laws? Read the eleventh section of 
the law, it says this: "The several 
buildings of the University shall be 
within a radius of four miles from 
the State House." And section 
thirteen "The immediate government 
of each college shall be by its own 
faculty." Now it is provided by Leg- 
islative enactment, that the location 
shall be here; that it is permanently 
located here, and within a radius 
of four miles. It shall forever ex- 
ist. If this proposition is not true. 



300 



LOCATION OF AGRICULTURAL COLLEGE 



Wednesday) 



[July 



then my head is worse at fault than 
I ever knew it. It does seem so 
plain. When we recognize the exist- 
ing law what do we approve? The 
location. And that is what we com- 
plain of. It would be a very superior 
court indeed that would take any 
other view than this of it. I should 
say, unless my head is wonderfully 
at fault, with a mind wonderfully dis- 
torted to understand the plainest of 
English language, expressed in the 
plainest possible words. 

Mr. TOWLE. It appears to me 
that the grounds taken by the gen- 
tleman from Dodge (Mr. Gray) and 
the gentleman from Douglas (Mr. 
Strickland) are correct. It further 
seems to me that this thing might be 
wholly struck out of the Consti- 
tution, that it has no business what- 
ever there; and if there is any ob- 
ject in placing it in the Constitution 
it is for two objects — one forever and 
irrevocably fixing the Agricultural 
College at Lincoln, and the second 
of placing the funds which are here- 
after to rise from the sale of these 
Agricultural lands out of the grasp 
of these regents of the State Univer- 
sity. Gen. Estabrook spoke directly 
as to the location, and that it was 
to come within the Congressional 
law, and for that purpose this was 
placed in the Constitution. What is 
that Congressional law? It is, if we 
build an Agricultural building within 
five years, we shall be entitled to so 
much land. If the Legislature ex- 
presses its concurrence; if it shall 
afterwards build this Agricultural 
College and be entitled to the 90,000 
acres, can we get it by locating an 
imaginary Agricultural College here? 



If it did say so what effect and what 
bearing would it have at Washing- 
ton? There are certain conditions 
and regulations established, to be 
complied with before we can draw 
our Agricultural scrip. In the first 
place we accept the conditions of the 
Act and second have built a college. 
I do not believe you will find half a 
dozen States having within their 
borders what are termed purely Ag- 
ricultural Colleges. They are all 
built with Agricultural scrip. Two 
or three years ago it was the bone of 
contention in Illinois and New York, 
whether they should build separate 
or different Agricultural Colleges, or 
whether they should call a certain 
college an Agricultural College. We 
have here a building. We find in 
it no Agricultural department. As I 
understand it. there is something in 
the law in relation to an Agricultural 
professorship; but I have not been 
informed that there is any. I be- 
lieve it is in the provisions of the 
statute to make this showing to the 
United States, that we have built an 
Agricultural College. I do not be- 
lieve it is in the province of the Leg- 
islature to show that we accept that 
act: because the language of the act 
plainly is that the Legislature must 
do it, and they have allowed two 
years to slip by. It is not the fault 
of this Convention; and if the two 
years have expired we cannot remedy 
it. We can make the showing that 
this building is an Agricultural Col- 
lege, and the lands will be issued, 
and we can build hereafter under 
this same fund and with the same 
money. I do not believe the people 
of this State wish the Agricultural 



LOCATION OF AGRICULTURAL COLLEGE 



501 



Wednesday) 



McCANN-TOWLE-GRAY 



[July 13 



College to be located here, and I do 
not believe they are very anxious 
that the funds resulting from the 
sale of these lands should be irrevoc- 
ably placed in the hands of this Board 
of Regents to spend. 

Mr. McCANN. I wish to correct a 
statement made by my friend. He 
says other States have not given their 
Agricultural College lands to existing 
institutions. That is certainly an 
error. 

Mr. TOWLE. I said there had not 
been half a dozen Agricultural Col- 
leges built since the passage of this 
act. They have called other institu- 
tions Agricultural Colleges. 

Mr. McCANN. That is what we 
are proposing to do to day. Those 
who have examined this matter will 
see that Connecticut, Rhode Island, 
New Hampshire, Delaware, New 
Jersey, Kentucky, Wisconsin, Minn- 
esota, North Carolina, and Califor- 
nia have erected buildings. New 
York gave her 90,000 acres to Cornell 
University, and Indiana to Purdue 
University. We aflirm that this Uni- 
versity of the State of Nebraska is a 
University and Agricultural College. 
in order to secure the 90,000 acres 
of land. Unless we do this we cer- 
tainly fail to secure that land, it is 
a legal necessity. 

Mr. GRAY. I desire to call atten- 
tion to the motion we are now con- 
sidering lest some have forgotten it; 
it is to strike out all after the word 
"State", up to and including "insti- 
tution" in the second line. I desire 
also to notice very briefly the peecu- 
llar argument of the two gentlemen 
from Douglas (Messrs Hascall and 



Estabrook.) I understan* them to 
say, that to take the section as it 
stands is nothing more than to adopt 
that portion of the law which locates 
the Agricultural College and Univer- 
sity, and cannot be construed to 
adopt or attack the laws referred to 
in this section of the Constitution. 
Now these gentlemen must have ex- 
amined this subject very hastily. How 
does it read? "The location of the 
University and Agricultural College 
at the Capital of the State, as already 
established by existing laws is hereby 
sanctioned and confirmed." What 
do the words "as already establish- 
ed" mean? It means in the form 
already established, and does not 
mean anything else. No court in 
the world could ever decide that it 
means anything else. Not the loca- 
tion merely, but the establishment of 
it. That is what it means, the estab- 
lishment of it, the manner and form 
in which it is established, the number 
of professors, the buildings contem- 
plated, all is included here, and made 
a part of this section itself. Every- 
thing pertaining to the establishment 
of institutions contained in those 
laws is here enacted and made a part 
of this section. And I defy gentlemen 
to take this up and construe it in the 
light of grammatical construction in 
the English language, or legal con- 
struction either. Let then take it 
up and look at it and they them- 
selves will change their minds, "At 
the Capital of the State, as already 
established by existing laws, etc." 
Can you make anything else out of 
it? 

Mr. PHILPOTT. I have listened to 
this debate with considerable inter- 



302 



LOCATION OF AGRICULTURAL COLLEGE 



Wednesday] 



PHILPOTT— GRAY— McC ANN 



[July 



est. Some individuals appear to me 
to have indulged in debate without 
reflection, and while they have been 
talking I have been attempting to 
study. We have an Agricultural 
College. The act provides for the 
establishment of a University, and 
that University shall consist of six 
departments, one of which is an Ag- 
ricultural College. I believe that 
University has been established, and 
along with it, the Agricultural Col- 
lege. Allow me to say that I do not 
concur with the gentleman from 
Douglas (Gen. Estabrook) as to this 
point that we must now confirm this; 
but regard this University as the 
Agricultural College, else we cannot 
hereafter erect another building. For 
this reason in 1866, Congress passed 
an act by which it is provided that 
territories coming into the Union as 
States shall three years afterwards, 
by their Legislature, declare their 
acceptance, under the act of Congress 
which amended the act of 1S62. And 
within five years after that time, 
they must establish or build one Agri- 
cultural College. Now. we were ad- 
mitted into the Union in 1867. In 
1869, on the 12th of February, un- 
der the act of Congress of 1866, we 
accept the land grant within the 
three years. From that time we had 
five years in which to erect an Agri- 
cultural College. That was done on 
the 12th of February, 18 69. And 
what did they do three days after- 
wards? They passed the act which 
provides for the establishment of a 
ITniversity for the State, »nd express- 
ly provides for the AgricuiUiral Col- 
lege. I think, under the Act of Con- 
gress of 186G, we have accepted the 



land grant. And it is provided that 
in that institution there shall be an 
Agricultural College. Has the Legis- 
lature placed them in a position to 
claim the Agricultural land? If not 
it would be well for the people to see 
to it that an Agricultural College be 
erected. I am of opinion we have an 
Agricultural College, and that it is 
j here. As to the phraseology I differ 
{ from the gentleman from Dodge (Mr. 
Gray). If there is any doubt about 
it I now offer, as a substitute, this; 

"The location of the University and 
Agricultural College at the Capital 
of the State, as hereby sanctioned 
and confirmed, and such institution is 
hereby declared a University and Ag- 
ricultural College of this State 
provided that other Agricultural Col- 
leges and experimental farms may 
be established by the Legislature 
when the wants of the people may so 
require." 

I have it precisely as the origi- 
nal section stands with the ex- 
ception that in the first line I leave 
off the word "is", and in the next 
"already established by existing 
laws." 

Mr. GRAY. I do not accept the 
substitute. 

Mr. McCANX. I would ask the 
gentleman from Lancaster (Mr. Phil- 
pott) wherein his amendment differs 
from the one now under considera- 
tion. I hope that it will state that it 
is the University instead of a Uni- 
versity. 

Mr. GRAY. I will withdraw my 
amendment. 

Mr. WAKELEY. I am not yet 
convinced that there is any necessity 
for this section reported by the Com- 
mittee on Education, or any similar 
section. I have not investigated the 



LOCATION OF AGRICULTURAL COLLEGE 



303 



Wednesday] 



W A KELE Y— McC ANN 



[July 12 



law touching this subject. My infor- 
mation in i^pgard to it is such as I 
have derived from this discussion of 
to day; but if the Legislation of Con- 
gress has been w^at is stated here in 
this debate, we certainly have ample 
time yet to provide by law, for the 
establishment of an Agricultural Col- 
lege. And we have no need for put- 
ting anything ou ihat subject in the 
organic lav i find in the joint reso- 
lution of ti— s State, accepting the 
Act of Congress of the United States, 
touching these Agricultural lands, 
this recital: 

WHEREAS: That by Act of Con- 
gress, approved July 23, 1S66, entitl- 
ed an act to amend the fifth section 
of an act entitled an act donating 
public lands to the several States and 
territories, which may provide Col- 
leges for the benefit of agricultur- 
al and mechanical arts, approved July 
2, 1S(J2, so as to extend the time 
within which the provisions of said 
act shall be accepted and such Col- 
leges established. It is provided that 
when any Territory shall become a 
State and be admitted into the Union, 
such new State shall be entitled to 
the benefits of said act of July 2, 
1862, by e.xpressing the acceptance 
therein required within three years 
from the date of its admission into 
the Union, and providing the college 
or colleges within five years after 
such acceptance as prescribed in said 
act. Now, therefore 

BE IT RESOLVED: by the Legis- 
lature of the State of Nebraska, that 
the said act of Congress of the Unit- 
ed States, is assented to and accepted 
by the State of Nebraska, with all 
the conditions, restrictions, and limi- 
tations therein contained; and the 
faith of the State of Nebraska is here- 
by pledged to the faithful perfor- 
mance of the trust thereby created. 

It is provided "that when any ter- 



ritory shall become a State and be 
admitted into the Union, such new 
State shall be entitled to the benefits 
of the said act of July 2, etc." This 
act of acceptance on the part of the 
State of Nebraska was approved Feb- 
ruary 12, 1869; and we therefore 
have five years from that date to 
erect or provide for the college which 
the Act of Congress requires. If 
the Act of Congress is correctly re- 
cited in this Act of our Legislature, 
it admits of no doubt but that our 
Legislature has until the 12th of Feb- 
ruary, 1874, to erect the college 
which entitles us to these lands. I 
would ask the Chairman of this Com- 
mittee if he has so far investigated 
this subject as to state whether this 
Act of Congress is correctly recited. 
If that be so, Mr. Chairman, I am op- 
posed to any constitutional provis- 
ion on this subject, and while my 
own opinion is that we would only 
improve the location, and at this 
place, yet other gentlemen might 
think differently. Yet. lest we might 
be making this law perpetual by a 
Constitutional provision, I think we 
had better avoid any obligation, and 
make no provision in this Constitu- 
tion upon the subject. I move to 
strike out the section. 

Mr. McCANN. Mr. Chairman. In 
section 5 third paragraph, It is pro- 
vided that in five years — 

Mr. WAKELEY. Mr. Chairman. I 
would say to the gentleman that I 
was referring to the act of Congress 
of 1862, a subsequent Act was passed 
in 1866. 

Mr. McCANN. The Act of 1866 
provides distinctly, that within five 
years of the admission of the State 



304 



MINORITY REPRESENTATION 



Thursday] 



ES TA BROOK— W AKELE Y 



IJuly' IS 



to the Union, she shall provide for 
the building of an Agricultural Col- 
lege. 

Mr. ESTABROOK. Mr. Chairman, 
I move the Committee do now rise, 
report progress, and ask leave to sit 
again. 

Motion agreed to. 

Mr. STEWART. Mr. President. The 
Committee of the Whole report that 
they have had under consideration 
the report of the Committee on Ed- 
ucation, School Funds and Lands, and 
beg leave to report progress, and ask 
leave to sit again. 

Adjournment. 

Mr. LEY. Mr. President, I now 
move we adjourn until 9 o'clock to- 
morrow morning. 

Motion agreed to. 

So the Convention (at five o'clock 
and forty-eight minutes) adjourned. 



EIGHTEENTH DAY. 
Thursday, July 13th, 1871 

The Convention met at 10 o'clock 
a. m. and was called to order by the 
President. 

PRAYER. 

Prayer was offered by the Chaplain 
to the Convention, Rev. L. B. Fifield, 
as follows: 

O Thou who art ever gracious ac- 
cept our morning thanks, although 
we know that we are unworthy yet 
we pray for pardon and ask for 
grace to help us. O Lord let us not 
wander past finding. Help us to re- 
member the love we owe to Almighty 
God and the obedience we owe to the 
holy law. Amen. 

Reading of the Journal. 

The Journal of the last day's pro- 



ceedings was read and approved. 
Reports from Standing Committees. 

Mr. WAKELEY. Mr. President, 
the Committee on Electoral and Rep- 
resentative Reform report and ask 
that the Clerk read the first para- 
graph of the report and the propo- 
sition accompanying the report, and 
that the further reading be dispensed 
with and the usual number be order- 
ed printed. 

The Secretary read as follows: 

Mr. President. The Committee on 
electoral and representative reform 
have considered the general subject, 
together with such propositions as 
have been referred to them; and a 
minority of the Committee herewith 
report a provision, which they recom- 
mend be inserted in tlie Constitution. 

In submitting this proposition for 
the consideration of the Convention 
we deem it proper to explain briefly 
our views of the principle and work- 
ing of the proposed change in the 
method of voting for public officers 
in certain cases. 

The theory of a purely democratic 
form of government is, that the citi- 
zens act strictly and individually in 
the control of public affairs. The 
body which legislates or decides is 
composed of the voters personally 
present and taking part in its pro- 
ceedings. All may be represented 
and heard. While the majority con- 
trols, all may state, explain and ad- 
vocate their views, and support them 
by their votes. The minority, thus 
represented, may, if it can prevail 
upon the majority to modify, or for 
good reasons, to change its views and 
action. Those in the minority in the 
beginning, together with those it may 
be able to gain from the other side, 
may become the majority in the end. 
In short, all citizens, whether few or 
many, may voice and influence ac- 
cording to their number, in controll- 
ing the common affairs. Ours is a rep- 
resentative government. Its legisla- 



MINORITY REPRESENTATION 



m 



Thursday I 



WAKELEYS REPORT 



[July 13 



tlTe power Is exercised by those 
chosen for that duty by the voters; 
its executive and judicial powers are 
wielded, and all its civil functions are 
performed by the selected agents of 
the people. 

In such a government is is obvious- 
ly right and just that the majority 
and the minority of the voters should 
each be able to select its due propor- 
tion of those who legislate for the 
whole, and of the agents who perform 
other public functions; or that there 
should be as near an approach to this 
result as is found to be practicable. 
Such a system should be adopted for 
selecting these representatives and 
agents of the people as will come 
nearest to giving both the majority 
and minority of the voters their re- 
spective rights. It may be conceded 
that a precise proportionate rep- 
resentation cannot be secured by any 
method yet devised. But it is 
equally true, that under the system 
of elections hitherto prevailing in 
the several states, and in the 
United States, not only has there 
been no just and fair represen- 
tation of minorities, but there they 
have been to a great extent, and often 
wholly excluded from legislative 
bodies, and other public positions. 
To illustrate what is meant by this, 
let the system and result of elections 
of representatives in the legislature 
be examined. 

The plan of dividing the State into 
certain small local districts from each 
of which one or more representatives 
are elected, has prevailed in all the 
American states. It may be assumed 
that this plan will be adhered to. 
Undeniably it would be just, as well 
as wholesome and salutary, that the 
principle already stated should be ob- 
served and majority and minority 
be proportionately represented in the 
legislature, if there be two parties 
in the State, one having two- 
thirds and the other one-third 
of the voters, they ought to have 
representatives in that proportion. 
So, descending to the subdivision of 
the State or district sending represen- 
20 



tatlves, the party having two-thirds 
of the voters should choose two- 
thirds of the representatives, and the 
minority party should choose one- 
third. This would give to the ma- 
jority its proper influence and pre- 
ponderance, but no more. 

Under the prevailing system such 
is not the result. The majority se- 
cures all the representatives voted for 
in the same district. If there be one 
thousand voters, of which the major- 
ity has five hundred and one, and the 
minority four hundred and ninety- 
nine, and there be two, three, four, 
five or whatever number of represen- 
tatives to be chosen, the majority 
elects the whole; and if it happens 
that the same party has a majority, 
no matter how trivial, in each district 
it elects all the representatives from 
the entire State. It attacks the mi- 
nority upon the military principle, in 
detail, and defeats it every where. 
This is a total overthrow of the true 
principle of representative govern- 
ment. 

Consider the practical working of 
this system in a special instance. 
The county of Douglas now electa 
six representatives. Suppose in 
round numbers it had three thousand 
voters. If the majority party had 
even two thousand of these, and the 
minority say one thousand, the for- 
mer would be justly entitled to select 
but four while the latter would 
choose two of the six representatives. 
Yet, the majority party, with but few 
more votes than the minority, secures 
the whole number. 

That such results work a glaring 
injustice to minorities is a proposi- 
tion which argument cannot make 
plainer. Let us inquire whether this 
is unavoidable. It may be said that 
necessarily it results from the recog- 
nized rule that majorities, under our 
form of government, must control. 
If this be so, the injustice must be 
borne. But we shall endeavor to 
demonstrate that it may in part, at 
least, be avoided without inconven- 
ience or confusion. 



306 



MINORITY REPRESENTATION 



WAKELEY'S RERORT 



The subject has engaged the at- 
tention of thoughtful men, especially 
within the last few years, and expe- 
dients have been suggested; and to 
some extent tried, for correcting the 
evil. Without alluding to all of 
them, or to any which do not seem to 
■be applicable to our condition, we 
mention only two. One expedient is 
to permit no elector to vote for more 
than a prescribed number of candi- 
dates. For instance, if three repre- 
sentatives are to be elected from the 
same district, no person could vote 
for more than two. Therefore, a mi- 
nority of more than one-third of the 
"voters could elect one of the three 
representatives. ; 

The other method, and that which ' 
seems to the Committee preferable, 
is what is termed cumulative vot- 
ing. It permits each elector 
to give to any one or more 
candidates the whole number of 
votes which, under the existing sys- 
tem, he is compelled to distribute 
equally among all for whom he votes. 
If three representatives are to be J 
(Ciiosen from one district, he may now • 
•gave one vote to A. one to B and one 
to C: but he cannot give three to A, 
nor one to A, and two to B. By an 
arbitrary rule he is prevented from 
exercising his electoral power in the 
manner which he may prefer. If ne 
votes with a minority he loses etitire- 
Jj- the benefit of his votes by being 
cOmpelloH to attempt more than he 
can accomplish. His three votes, 
<nven one to each of the three candi- 
dates are overcome by the votes of 
the majority cast in the same man- 
ner If he could concentrate them 
upon one candidate, they would go 
three times as far towards electing 
him as the one vote he now gives, 
while in the aggregate he would ex- 
ercise no more electoral power than 
he now does. 

An individual with a lifting capa- 
citv of three hundred pounds will ex- 
exerl in [it] all to no purpose if he 
attempts to raise at once three objects 
altogether weighing eight hundred 
pounds. But. concentrating it upon 



one of them he makes it effective 
and accomplishes what he under- 
takes. 

To illustrate the working of the 
change now proposed, take the case 
of the three officers to be elected 
at the same time by the same crn- 
stituency. Suppose the majority pa ty 
to have one thousand voters, and the 
minority five hundred, each elector 
of the minority casts his three votes 
for A, who receives fifteen hunJred 
votes. The electors of the majority" 
party can give only one thousand to 
eacji of three candidates, and only 
fifteen hundred to each of two candi- 
dates. In either event A will be 
elected and each party will secure its 
due proportion of the officers. 

An easy calculation will show that 
in any case of choosing three officers 
by this system, a minority ranging 
from one fourth to anything less Shan 
one-half of the voters, will be able 
to elect one, giving it sometimes a lit- 
tle more and sometimes a little less 
than its exact proportion of officers, 
but always approximating closeljt to 
that result. 

If the election be for more than 
three the same principle of course ap- 
plies. In pi-actice it will probably 
be more easily" naderstood and ap- 
plied in the ca.«;e of three than of a 
larger ntimber. 

As applicable to the election of 
representatives in the legislature, 
where its justice and utility would 
be very manifest, it will not be nec- 
essary to extend it beyond three. By 
the simple plan of dividing the State 
into single senatorial districts, and 
of electing three representatives from 
each of these the minority, in nearly 
all senatorial districts, would secure 
one of them. 

This system approved by a dii-ect 
vote of the people of Illinois, to 
whom the question was separately 
i submitted, when they voted upon the 
; adoption of their new Constitution. 
I The Committee recommend its adop- 
tion by this Convention, and feel con- 
fident that the people of this Stale 



MINORITY REPRESENTATION 



307 



WAKELEVS REPORT 



(July IS 



■will endorse and approve the action. 
Even this scheme will not give the 
minority its full share of the legis- 
lative power of the State, because the 
senators elected in single districts 
will still be chosen by the majority 
in each. The proposed plan contem- 
plates that the majority, when it can, 
will at its option support three can- 
didates, in which case the two having 
the highest number would be select- 
ed, or will support only two, each 
elector dividing his three votes equal- 
ly between them, giving each one and 
a-half votes: or if he prefer to do so, 
giving two votes to one candidate, 
and one to the other. 

If applied in the election of two of- 
ficers a minority exceeding one-third 
could always elect one. This would 
of course exceed its due proportion, 
and the case would present the sim- 
ple question, which comes nearer to 
right, that such a minority should be 
able to secure one-half the officers, 
or to secure none. The Commit- 
tee are not prepared to recommend 
the extension of cumulative voting at 
present to the case of two officers. 

In case of officers other than leg- 
islative, the operation of the system 
would be equally salutary. School 
boards, county commissioners and 
similar bodies should be thus chosen. 
There are forcible and special reasons 
for applying it to the selection of 
judges of election; and if it be decid- 
ed to elect judges of the supreme 
court, the plan would be equally just 
and valuable, and from the State at 
large would prevent the entire exclu- 
sion from that high tribunal of fit 
men belonging to either party be- 
cause only of their political faith. 
We have thus set forth the reasons 
for proposing this change in the 
method of wielding the electoral 
power of the citizens. We have not 
discussed it elaborately believing \ 
that the reason and reflection of the 
members of this body will apprehend 
and approve it. 

We believe the system to be de- 
manded by the principles and theory 
of our representative government. j 



It does not invade nor impair the 
fundamental and traditional rule up- 
on which our institutions are found- 
ed, that the will of the majority fair- 
ly expressed must control. It gives 
to the majority all its rights. It 
yields to the majority its due and just 
preponderance. But it denies that a 
mere majority in the State, or in a 
district; has a right to elect all the 
representatives and thus wield the 
whole political power, or select all 
the executive, judicial and civil offi- 
cers of the State or district; it as- 
serts the right of minority to be 
heard and be represented in the leg- 
islative body, by a proportional num- 
ber of those by whom its powers are 
exercised, and select its just propor- 
tion of those by whom other official 
trusts are discharged. 

It is not a wholly new or unheard 
of suggestion. For many years lead- 
ing and able men in other nations 
and in this country — so fertile in gov- 
ernmental reform — have defended 
and urged the principle. In our sis- 
ter state of Illinois it was adopted, 
not by theorists or by politicians, but 
by the people. It is no political de- 
vice or partisan scheme. The prin- 
ciple is general and permanent in its 
operation. The majority of this day 
may be the minority of the next, and 
need the protection of this just and 
equal rule. We are laying the found- 
ation of a government not tor our- 
selves only, but for coming times and 
for the whole people of present and 
the future. 

B. WAKELEY, 
ISAAC S. HASCALL, 
B. J. NEWSOM, 

Proposition. 

At any election when three or 
more persons are to be elected to the 
same office by the same Constitu- 
ency, each qualified voter may cast 
as many votes for any candidate as 
there are persons to be elected to 
such office, or may distribute the 
same, or equal parts thereof, as he 
may see fit, among the candidates 



308 



POOR HOUSES— PROHIBITION 



Thursday] 



HASCALL-STEW ART— LYON 



[July 13 



not exceeding the number to be 
elected. The candidates highest in 
votes shall be declared elected; or if 
an equal vote for two or more having 
the requisite number, shall require 
it the choice between them, shall be 
made by lot. 

The PRESIDENT. In order to 
save time we will consider this the 
first reading of the bill, and it will 
be read a second time by its title 
and ordered printed unless some 
gentleman objects. (No objection.) 

Presentation of Resolutions. 

Mr. HASCALL. Mr. President, I 
have a resolution I wish to introduce. 
The Secretary read the resolution 
as follows: 

RESOLVED: That each organized 
county in this State ought to estab- 
lish and maintain a poor house for 
the relief and support of the poor 
and destitute persons of the county, 
and that a section should be inserted 
in the Constitution requiring the or- 
ganized counties to establish poor 
houses for the purpose aforesaid. 

Mr. HASCALL. Mr. President, I 
move the adoption of the resolution. 

Mr. STEWART. Mr. President, It 
strikes me that that should be re- 
ferred to some standing committee. 
The Committee on Penitentiaries and 
Reformatory institutions I would sug- 
gest. 

Mr. HASCALL. The resolution 
calls for an expression of opinion 
from the Convention, it might be 
adopted and then referred. 

Mr. SPEICE. I move that it be 
referred to the Committee on Re- 
formatory institutions. 

Mr. HASCALL. Mr. President, I 
do not think that is should be refer- 
red to that Committee, it might do If 
■we were providing for criminals, but 



our poor people are not always crim- 
inals. Under the rule I think I 
have a right to move its reference 
to the Committee on Counties, that 
being the most appropriate one. 
' Mr. KIRKPATRICK. I think we 
should allow the resolution to go to 
the Committee the gentleman desires 
it to go to. 

i Mr. HASCALL. I wish to say 
there is no bunkum about this reso- 
lution. It is a lamentable fact that 
several counties in this State have 
failed to do their duty. Some county 
authorities have even been so near 
as to ship the poor out of their coun- 
[ ties, have kicked them over the coun- 
ty line. I do not know how it is with 
I the gentleman from Platte (Mr. 
Speice.) If they all maintain the same 
sentiments as he does, I judge his 
county would banish the poor from 
its borders. 

The PRESIDENT. The question is 
on referring to the Committee on 
' Penitentiary and Reformatory Insti- 
tutions. 

The Convention divided and the 
motion was not agreed to. 

The PRESIDENT. The question 
now is on referring to the Committee 
on Counties. 

The motion was agreed to. 

Mr. LYON. I have a resolution. 

The Secretary read the resolution 
as follows: 

RESOLVED: That no spirituous, 
vinous or fermented liquors shall te 
sold in the State except for medicin- 
al and mechanical purposes. 

Mr. LYON. I move its reference 
to the special Committee of which Mr. 
Philpott is Chairman. 

Mr. HASCALL. I move to amend 



EXECUTIVE MANSION 



309 



Ttiursday] 



ESTABROOK-HASCALL 



[July 13 



by saying "medical, mechanical and 
for the purposes of navigation." 

The ayes and nays were demanded. 

The Secretary called the roll and 
the President announced the result — 
yeas 34, nays 13 — as follows: 



YEAS — 34. 



Abbott, 
Ballard, 
Cassell, 
Curtis, 
Estabrook, 
Gibbs, 
Granger, 
Gray, 
Griggs, 
Hascall, 
Kenaston, 
Kilburn, 
Kirkpatrick, 
Lake, 
Lyon, 
McCann, 
Majors, 



Mason, 

Maxwell, 

Moore, 

Myers, 

Neligh, 

Newsom, 

Philpott, 

Price, 

Reynolds, 

Robinson, 

Scofield. 

Shaff, 

Sprague, 

Stewart, 

Thummel, 

Thomas, 

Tisdel, 



NAYS— 13. 



Boyd, 

Campbell, 

Hinman, 

Ley, 

Manderson, 

Parchen, 

Speice, 



Stevenson, 

Towle, 

Vifquain, 

Wakeley, 

Weaver, 

Wilson, 



ABSENT OR NOT VOTING — 5 



Woolworth, 
Mr. President. 



I have a reso- 



Eaton. 

Grenell, 

Parker, 

Mr. ESTABROOK. 
lution. J 

The Secretary read the resolution 
as follows: 

RESOLVED: That the Commit- 
tee on State Institutions and Public 
Buildings be instructed to inquire 
into the expediency of providing an 
executive mansion at the seat of 
government and the probable cost 
thereof. 



Mr. ESTABROOK. I move the 
adoption of the resolution. 

Mr. HASCALL. I would like to 
have the mover explain the merits of 
this resolution. I know it is a very 
important matter to the State and 
one that should receive due consider- 
ation before we vote. 

Mr. ESTABROOK. The resolution 
is simply one of inquiry. In the Ex- 
ecutive Article we voted by a large 
majority that the Governor and other 
oflScers should be compelled to live at 
the seat of government. He is sup- 
posed and expected to be the embodi- 
ment of hospitality of the State, and 
if he be compelled to live here, it 
would not be unreasonable to find 
him some place to reside, where he 
shall receive those who come here 
and it seems to me to be the proper 
time now, before we consider further 
the Executive Article, we may have 
the amount of salary somewhat in 
view. I say this in addition. There 
are many houses erected in the vicin- 
ity of the Capitol, which I know as 
a matter of law to my own satisfac- 
tion, stand today upon the property 
of the State, are indeed, as a matter 
of law, the property of the State, 
standing upon ground never convey- 
ed from the State by any proper con- 
veyance, and I think I may be in- 
dulged in a single remark, that there 
is a very pleasant edifice near, which 
would be a very proper house wherein 
the executive might reside. And is 
there any reason why this shall not 
form a subject of inquiry through the 
standing committee? I would like to 
know the reason why. We need not 
adopt their views if it is different 
from what we believe is correct. It 



310 



EXECUTIVE MANSION 



WILSON— MYERS 



interests me and I know it inter- 
ests others. 

Mr. WILSON'. It would seem to 
me in making this inquiry about the 
cost of this mansion he speaks of. 
that it is not the intention of the 
gentleman who offered the resolution 
to make this inquiry. He and others 
desire to steal a certain man's prop- 
erty by some point of law. It seems 
to me the gentleman from Douglas 
(Mr. Estabrook) has been aiming at 
this from the commencement of the 
Convention: and I will raise my voice 
against this so long as I have a 
breath. 

Mr. MYERS. Mr.. Chairman, I 
have a strong inclination to support 
this resolution. My inclinations run 
that way; and I am anxious that 
measures of this kind should always 
be favorably considered where the 
property and interests of the State 
are concerned, and where they are 
are so vitally concerned as they are 
in this. If the State has any legal 
hold upon property that has been 
wrongly taken, let us seize it and 
return it into the coffers or possession 
of the State, where it properly be- 
longs. If there are any legal points 
in it, those legal points, I want the 
gentleman from Johnson (Mr. Wil- 
son) to understand are against the 
thieves and plunderers, and the band 
of robbers who have concentrated 
their forces within the limits of this 
town while their masters were ab- 
sent. While those who had the pow- 
er were at their homes these robbers 
were in this town, plundering the 
people of this commonwealth with- 
out limit or stint. And if we can re- 
cover this property let us, as a mat- 



ter of justice to the taxpayers do it, 
and do it effectually; and make an ex- 
ample of these gentlemen who have 
practiced these great wrongs against 
the State. Now, I have some doubts 
about the expediency of erecting any 
new buildings on behalf of this State. 
"History is philosophy teaching by 
example;" and the people of ihe State 
ought to bear this in mind, as they 
look upon the past. Every building 
we have had occasion to erect here 
on behalf of the State, is either a 
rotten pile of boards or crumbling 
stones, everyone of which has cost 
the people several dollars. And they 
have crumbled to ashes, or the torch 
of the incendiary has been applied, 
and the State robbed in that way. I 
am afraid to embark in this scheme 
of building at this day. I would 
rather leave it to a future generation. 
The Governor is the people's servant, 
and is entitled to our esteem and 
gratitude; but I am afraid of build- 
ing residences now, when we are sur- 
rounded by these extraordinary em- 
barrassments; when there are hun- 
dreds and hundreds of persons around 
us. lean and hungry, who have plung- 
ed their hands deep into the school 
funds, and put them in their pockets 
without limit, I will stand up for the 
people of this State. And not anoth- 
I er dollar will I vote to squander upon 
j these irresponsible individuals; and 
I want that to go forth as the dic- 
tum of the honest tax payers of this 
State. If those monies and proper- 
, ties and lands had been honestly ap- 
propriated to the purposes for which 
the Legislature of the past had given 
them, I, sir, would have been the last 
individual to open my mouth upon 



EXECUTIVE MANSION 



311 



Thursday] 



MYERS-WILSON— ROBINSON 



[July 13 



ttie subject: would have been the 
last to enter a solemn and last pro- 
test against the plunderers. For the 
purposes of recovering this property, 
if we can, and we have the legal right 
to do it and I want the constituents 
of the gentleman from Johnson (Mr. 
Wilson) to understand this — if we 
can recover this property, I will sup- 
port it. Because our first duty and ob- 
ligation is due to the State. The 
State is our own creation; she is en- 
titled to our endeavors to protect 
her; and help her regain possession 
of every inch of this ground which 
has been illegally wrested from her. 
1 shall vote tor this resolution; and 1 
hope we shall have a solid stone, 
which shall be immovable, inserted 
in this Constitution; and which shall 
close the door forever against these 
plunderers. The people have put us 
here as custodians of their treasury, 
and we are, as honest men. Ijound to 
preserve their interests; and there 
can be no better way that the putting 
guards around your treasury. And 
no individual, in the absence of 
your law makers, can then seize this 
property. Sir, that is the time peo- 
ple come, b\- bayonets and revolution. 
For these reasons I hope the resolu- 
tion will be adopted. 

Mr . WILSON. Mr. President, I 
■would like to ask, for my own in- 
formation, of the gentleman from 
Douglas (Mr. Myers) whether this 
is an investigating Committee, or a 
Constitutional Convention? Whether 
we are here to investigate the acts 
of the last official officers of this 
State, or to frame a Constitution. 

Mr. MYERS. I will with pleasure, 
answer the honorable gentleman. I 



believe this is not an investigating 
body, but all that we need upon the 
subject is pasted high upon the walls. 
It needs no investigating. All that 
remains now is to close the door 
with the light that we have. And 
God knows it is horrible enough! 

Mr. ROBINSON. I do not know 
since I have heard the resolution 
read, that I am opposed to it. But it 
strikes me this discussion has taken 
rather a singular turn. A day or 
two ago, when a certain resolution 
came up here providing for the ad- 
mission of a certain gentleman to 
privileges of this floor, I voted for its 
indefinite postponement. I thought it 
inexpedient at that time to introduce 
into the discussions of this body the 
questions which were likely to arise 
out of that resolution. Mr. President 
if there is anything that I despise it 
is the history of the past year in this 
State. "Tis my perfect scorn." 
"Object of my unplacable disgust." 
But in my view there are some other 
things still more despicable. That 
disgraceful fight is a dirty carcass. It 
stinks everywhere; enters into the 
discussion of every little public meet- 
ing and befouls them all. I am sick 
and tired of it. But sir, the one thing 
more disgusting than this foul car- 
rion is the dirty dog that drags it in- 
to public notice to offend the nostrils 
of decent people. I hope the gen- 
tlemen who brought up this resolu- 
tion will not put themselves out of 
order in the discussion of it. I do 
not wish to take part in such a dis- 
cussion; but I can tell the gentlemen 
I do not fear to do so if it becomes 
necessary. This resolution is not 
necessary, and I hope gentlemen 



312 



EXECUTIVE 3IANS10N 



ESTABROOK— MASON 



[July 13 



will not force it upon the discussions 
of this body. 

Mr. ESTABROOK. I did not ful- 
ly understand, as I was talking with 
the colleague of the gentleman at 
the time, what he means about for- 
cing. I imagine there is no question 
at all but that there are public funds 
invested in buildings in the vicinity 
here. But there have been public \ 
moneys invested in buildings here ; 
and lands, wherein little has been j 
effected by, at least, informalities. | 
Now, if by a proper and reasonable \ 
negotiation with the parties holding 
such properties the whole thing can 
be effected without process of law, 
what harm is there? Why these gen- 
tlemen are sensitive. It is an old 
adage "When the Devil howls you 
know something is striking him." 
By an informality of the law the 
State has been stolen from. Who is 
the thief? We propose, by a quiet, 
unostentatious resolution to inquire 
whether we may not secure our ex- 
ecutive mansion and get back what 
belongs to the State. Who is drag- 
ging anything into discussion, except 
what is legitimate — genuine; to the 
topic? I am talking of a school fund, 
which has, in some degree, been ex- 
pended. Is that germane or not? 
And it cover a portion of that which 
the State has had filched from it. If 
anybody wants to engage in drag- 
ging the thing I suppose it can be dis- 
cussed. I do not propose to do it 
though, any more than that the State 
has its funds scattered in every di- 
rection; and it may be necessary to 
gather these scattered funds in 
again in such a way as will benefit 
the parties concerned. If it is an of- 



fense I do not know. I do not say 
how it should effect the feelings, or 
induce the gentleman from Johnson 
(Mr. Wilson) to refer to me offen- 
sively. It seems to me as though 
something was stinging or sticking 
him. 

Mr. MASON. Mr. President, 
when the vote was taken upon this 
resolution before, I did not vote, for 
the reason that I was not in my seat, 
but I thought that the resolution 
was clearly lost; if the gentleman 
from Douglas states that the object 
of the resolution is to secure the 
State any property to which it has a 
right, I am for the resolution. If 
the object is simply to enter upon 
another scheme of erecting public 
I buildings, I am opposed to the reso- 
lution. I do not believe, sir, it ad- 
vances the objects and purposes ot 
the government to engage in the 
erection of mansions, or the erection 
of other buildings except such as are 
necessary for the transaction of its 
business; but if the State, either 
honestly or dishonestly has become 
interested in private mansions, and 
it is necessary to take this step in 
order to secure that interest, then I 
think the resolution is right, 
now if the gentleman from Douglas 
(Mr. Estabrook) had said that the 
State might repossess its property, 
which it is in danger of losing, then 
I certainly would be in favor of it. 
but if its object and purpose is, in 
the language ot my friend sitting be- 
hind me, "to raise again the old war" 
and drag what has been settled by 
the highest judicial tribunal in this 
State before this Convention, Mr. 
President, I have much to say against 



EXECUTIVE MANSION 



313 



MASON— ESTABEOOK 



[July IS 



it. I don't believe it is germane for 
this Convention to review the judg- 
ment of the highest court in the 
land, this is settled; it is decided, and 
let it end, I see that broad insinua- 
tions of theft and robbery of the 
school are thrown out by the gentle- 
man from Douglas. Why, sir, if 1 
believed the facts stated by that gen- 
tleman to be true, I would be man 
enough to go before a justice of the 
Peace, make the proper affidavit and 
drag the felon to the bar of justice 
instead of accusing him before this 
Convention, where he cannot be 
heard in his own defense. If these 
assertions are true let the felon be 
punished. Show me that any man hath 
plundered me, or taken the property 
of this State — convince me of it and 
before I stand in this Convention 
and assert it, I will make the aiil- 
davit before a magistrate which will 
bring that man to justice. If the 
gentleman from Douglas (Mr. Esta- 
brook) had said to me "I believe 
there is property here which the 
State is entitled to, and which the 
State can recover by means of this 
resolution," I should have favored its 
introduction, but this assault upon 
our late State officers is like the as- 
sault the gopher makes upon my 
hedge now — it is working under 
ground. I never yet threatened- a , 
man through his constituency; and 
when a man threatens me in this way, | 
he either reflects upon my integrity 
or doubts the intelligence of that con- 
stituency. Now. Mr. Chairman; If ; 
there is any chance for the State to 
take possession of this residence j 
spoken of I have no objection to its 
being done, but if the object of this \ 



resolution be to enter upon another 
scheme to erect public buildings, then 
I ask the Convention to pause and 
consider. The gentleman from Doug- 
las (Mr. Estabrook) says that phil- 
osophy was but the experience of 
mankind aggregated in history, all ex- 
perience shows that it costs a govern- 
ment $1,000 for every hundred dol- 
lars realized in the value of build- 
ings, this much over what it would 
cost a private individual. An indi- 
vidual will build for one tenth what 
it would cost the State. Let me in- 
quire if it is the object of the res- 
olution to put up public buildings. 

Mr. ESTABROOK. Mr. Chairman, 
I will state to the gentleman that the 
resolution means just exactly what it 
purports to mean. It never became 
a subject of very close thought, the 
matter came up in the discussion of 
the subject at the suggestion of Mr. 
Cassell. I will say that I think it is 
not of enough note to cause this 
"tempest in a tea pot." < 

Mr. MASON. Mr. Chairman, I 
don't think that answers the inquiry 
at all. I wish to ask whether it is to 
inquire into the propriety of taking 
possession of certain property, or to 
build other houses. 

Mr. ESTABROOK. Mr. Chairman, 
I would say that I think it appears 
to cover the whole ground. 

Mr. MYERS. Mr. Chairman, I too 
am in the dark. I am, as I hereto- 
fore remarked, opposed to engaging 
in the erection of any new buildings 
at present. I advocated this resolu- 
tion, it is true. I am not afraid to 
show my hand, I am never disposed 
to shirk a responsibility. I want the 
gentleman from Otoe (Mr. Mason) 



314 



EXECUTIVE MANSION 



Tbursday] 



MYERS- CASSELL-W AKELEY 



[July IS 



lo unaerstand that. 1 want to know 
whether this resolution was not got- 
ten up for the purposes of restoring 
to the State the property, of the State 
■ — mansions in which the State ma- 
terial entered and built, in which the 
State money is invested. If this 
property cannot be recovered, then I 
am in favor of inserting a clause in 
the Constitution which will prevent 
a repetition of these stealings in the 
future. Philosophy is history leach- 
ing by example and God knows we 
have had e.xample enough of that 
kind. I simply want to vote for this 
resolution in the hope of recover- 
ing property lost. 

Mr. CASSELL. Mr. Chairman, I 
will state in explanation of this reso- 
lution that there are two or three 
objects in view. The first is to se- 
cure a residence for the State of Xe- 
braska, tJie second is to be plain 
about it, to see if a debt cannot be 
recovered which some claim the State 
ha» no proper security for, and if 
we can get this property in part pay- 
ment of the debt it is thought better 
to secure It. Perhaps the thing can 
be done, and we will have a good res- 
idence for our Governor. 

Mr. WAKELEY. xMr. President. 
so far as I am concerned it is entirely 
immaterial what might have been the 
purpose in offering this resolution. I 
think it is simply what it expresses, 
an instruction to a committee to in- 
quire into the expediency of erecting 
a residence for the Chief Executive, 
and report the probable cost of the 
same. I shall support the resolution 
cordially because it clearly indicates 
that the Governor shall reside at the 
Capital, and if it is necessary I am 



in favor of the Legislature providing 
a suitable residence for him here. 
For if, as hinted at by my colleague, 
if we require the Executive to re- 
side here it supposes that he shall 
extend the usual hospitalities to 
those who visit him. he ought to 
have a suitable residence here. It is 
simply a resolution of inquiry and of 
course this report will bind no body. 
The Convention will be entirely free, 
when it is submitted, to express its 
opinion on the whole subject, as it 
has been suggested in accomplishing 
this the State may recover any funds 
that it has lost, it will be well. 

The PRESIDENT. The question 
is on the adoption of the resolution 
offered by the gentleman from Doug- 
las (Mr. Estabrook ) . The "ayes and 
nays" have been demanded. 

The vote was taken and the result 
was announced. Ayes, 3 9. Nays, 4— 
as follows. 

AYES — 39. 



Abbott, 

Ballard, 

Boyd, 

Cassell, 

Curtis, 

Estabrook, 

Gibbs, 

Granger, 

Griggs, 

Hascall, 

Kilburn, 

Lake, 

Ley, 

Lyon, 

McCann, 

Majors, 

Mason, 

Manderson, 

Maxwell, 

Moore, 

Campbell, 
Hinman, 



Myers. 

Neligh, 

Newsoni, 

Parchen, 

Philpott, 

Price, 

Reynolds. 

Robinson, 

Shaff, 

Sprague, 

Speice, 

Stevenson, 

Stewart, 

Thummel, 

Thomas, 

Tisdel. 

Vifquain, 

Wakeley, 

Weaver, 

NAYS — 4. 

Kenaston, 
Wilson, 



LOCATION OF AGRICULTURAL COLLEGE 



315 



Thursday] 



MYERS— McCANN—PHILPOTT 



[July lA 



ABSENT OR NOT VOTING— 6. 
Katon, Mr. President, 

Greneil, Scofield, 

Kirkpatrick, Woolworth, 

So the resolution was agreed to. 

Committee of the AVhole. 

Mr. MYERS. Mr. President. I 
move tliat we go into the Committee 
of the Whole on the report of the 
Committee on Education, School 
Funds and Lands. 

The motion was agreed to. 

So the Convention in the Commit- 
tee of the Whole, Mr. Stewart in the 
Chair, proceeded to consider the re- 
port of the Committee on Education, 
School Funds and Lands. 

The Secretary read section nine as 
follows: 

Sec. 9. The location of the Univer- 
sity and Agricultural College at the 
Capital of the State, as already es- 
tablished by existing laws, is hereby 
sanctioned and confirmed, and said 
institution is hereby declared to be 
the University and Agricultural Col- 
lege of this State; provided, that 
other Agricultural Colleges and ex- 
perimental farms may be established 
by the Legislature when the wants 
of the people may so require. 

The CHAIRMAN. Gentlemen of 
the Committee, the question is on the 
amendment offered by the gentleman 
from Otoe, (Mr. McCann.) 

Mr. McCANN. Mr. Chairman, I 
understand on examining the Ads of 
Congress of 1S62 and a subsequent 
one of 1S66, that it is the opiiiion 
of legal gentlemen in the convention 
that we still have until IS 7 4 to build 
an Agricultural College in compli- 
ance with that Act, and I understand 
that it is the opinion of the gentle- 
men, it will be better to strike out 
this section altogether. If such a 



motion is made I have no objection. 
I do not believe it wise nor necessary, 
I do not believe it best, but if it be 
the opinion of the Convention I have 
no objection. It may just as well be 
done to day. The building is already 
built, not only for a University but 
for an Agricultural College. We all 
know the people of this State will not 
sustain this Convention or a future 
' Legislature in erecting a large Agri- 
cultural College in which to place 
five, ten or fifteen boys. We all 
know it is economy. In our private 
affairs we would so decide. Other 
Agricultural Colleges might be locat- 
ed elsewhere throughout the State, 
until that time arrives we all under- 
stand that this building is to be used 
as an Agricultural College, and that 
it is best to denominate it the LTniver- 
sity and Agricultural College. Sec- 
ondly, I can see no wisdom in defer- 
ring this matter. I know the opinion 
of the Secretary of the Interior. He 
asked me if we had built an Agricul- 
tural College, I answered him that 
we had. I told him we were going to 
use it as a University and Agricul- 
tural College, but I think it would be 
well to recognize it as such, with this 
proviso, that whenever circumstances 
will allow. Agricultural Colleges be 
located elsewhere throughout the 
State. 

Mr. PHILPOTT. I have an amend- 
ment before the Committee and wish 
to ask if it was recognized. 

The CHAIRMAN. I did not recog- 
nize the amendment. The amend- 
ment before the Committee is Mr. 
McCann's , striking out the first three 
words and also striking out the words 
"as already established by existing 



316 LOCATION OF AGRICULTURAL COLLEGE 



Thursday] 



[July 13 



laws, is hereby sanctioned and con- 
firmed and said institution." 

Mr. PHILPOTT. I am in favor of 
that amendment. I have no doubt 
the adoption of the amendment 
would recognize the selection of this 
building at this place. In a remark I 
made yesterday on this subject, I be- 
lieved it was true that we had yet 
four years to erect a building. I 
wish to say this that I was then look- 
ing after what I believed to be the 
interest of the State at large. I wish 
the matter considered whether we 
have a building or not, if not one 
might be erected. I gave it as my, 
opinion that we had complied with 
the spirit of the law of Congress, un- 
der which we are entitled to 90,000 
acres of land, that by the location of 
the University making one of its de- 
partments an Agricultural College 
we have complied with the spirit of 
the law and that we have not only 
the University located but the Agri- 
cultural College. If I was wrong in 
that and it was not true, I desire the 
matter located that there may be no 
doubt about it. While I represented 
the constituency of Lancaster county 
and the people of Lincoln, I regard 
Lincoln as one thing and the Cap- 
ital of the State as another. I be- 
lieve Lincoln is owned in part by the 
State and citizens who have property 
here, and that the Capital is owned 
by the whole people. I may have ! 
some pride in looking after the inter- 
ests of this county. I have likewise 
just pride in the interest of the 
State. Lincoln in every sense of the 
word is the Capital, but I remember 
Lincoln is a town governed by civil 
ordinances, and the people of the 



State have been pleased to call Lin- 
coln the Capital. It is just and pro- 
er to the people of this State, that 
the Agricultural College and the 
State University located at this place 
should be recognized. Why not rec- 
ognize it by virtue of the Constitution 
at this time. We have a large Agri- 
cultural district, a University, means 
of communication by way of rail- 
roads, and I think this is a most 
favorable place for the location of 
one Agricultural College. I urge the 
J recognition of the location at this 
; time in this city for this reason. It 
: has been intimated that we will not 
! be in a condition for three or four 
I years to put up a large expensive 
Agricultural building. If it should 
be regarded necessary to erect one 
hereafter, it certainly v.'ould cost a 
considerable amount of money, and If 
it is true, and I have no doubt that 
it is, that we have complied with the 
spirit of the law. Why not recog- 
nize the building already erected and 
thereby show that the whole people 
of the State believe that we have com- 
plied with the spirit of the law; they 
then will say the people believe they 
have complied with the spirit of the 
law, and that they have erected a 
building for that purpose. I urge on 
this Convention at this time the rec- 
ognition of the Agricultural College, 
here, that the people when voting on 
this Constitution may affirm that rec- 
ognition, and that is one strong rea- 
son why I hold it should not be 
stricken out. The gentleman from 
Dodge (Mr. Gray) seems to have been 
laboring under the impression that 
we recognized that whole law under 
which the State University has beea 



LOCATION OF AGRICDLTtJRAL COLLEGE 



317 



Thursday J 



BALLARD-MYERS— WAKELEY 



[July I'i 



erected, located and constructed and 
all the provisions for its management. 
He seems to have some objection to 
that law, perhaps many others have. 
I do not vrish. to do anything at this 
time for the recognition further than 
the location of this building. Per- 
haps we are not satisfied with the 
wisdom of the Legislature that en- 
acted that law. I cannot see why 
he objects to the amendment. I 
think it proper we should have that 
building here, one of them, and oth- 
ers elsewhere where they may be 
needed. 

Mr. BALLARD. I move to strike 
out section nine, for the reason that 
we should not encumber this Consti- 
tution with needless provisions. 

Mr. ESTABROOK. I rise to a 
point of order. I think it is a prin- 
ciple of parliamentary law that we 
first consider the amendment and 
then consider the motion to strike 
out. 

Mr. BALLARD. I make It as an 
amendment to the amendment. 

Mr. WAKELEY. It seems to me 
rule 2 6 settles that question. 

Mr. MYERS. Mr. Chairman, I 
hope I will now be permitted to vote 
on this amendment and this section, 
and that no gentleman will be al- 
lowed to motion to strike out until 
the ayes and nays have been taken. 
I hope the gentlemen now, having 
thoroughly understood and debated 
this question, will permit this Com- 
mittee to vote. 

Mr. THOMAS. I desire to say thrt 
a motion to strike out does not take 
precedence of a motion to amend. 



The CHAIRMAN. That idea will 
conflict with rule 26. 

Mr. WAKELEY. The ruling of the 
Chair, in my judgment, is correct in 
regard to the motion having prece- 
dence. Because it seems to me it is 
fair for gentlemen to let it be per- 
fected as far as may be, and when 
perfected, it may not be objection- 
able to those now in favor of striking 
out the whole subject. Therefore, I 
shall vote against striking out now, 
but allow it to be perfected first. 

Mr. BALLARD. I have no objec- 
tion to withdrawing it, yet I want 
this section stricken out. 

The CHAIRMAN. Gentlemen, the 
question is on the amendment of the 
gentleman from Otoe (Mr. McCann). 

The amendment was agreed to. 

Mr. MYERS. I move the section be 
now adopted as amended. 

Mr. TOWLE. Mr. Chairman, I 
move to strike out the section as 
amended. 

Mr. . MASON. Mr. Chairman, I 
want to make an inquiry of the 
chairman of this Committee. I de- 
sire to enquire what the object of 
this section is. Does it refer to this 
building down here? 

Mr. ESTABROOK. I will state if 
the gentleman from Otoe (Mr. Ma- 
son) is not familiar with the Act of 
Congress donating the land to the 
State that under its provision it be- 
came necessary in order to authorize 
us to demand and receive 90,000 
acres of land for Agricultural College 
purposes, within a certain length of 
time we should erect a college build- 
ing; that provision was made in 1867 
to erect a university and agricultural 



318 



LOCATION OF STATE UNIVERSITY 



Thursday] 



ESTABROOK— MCCANN-THOMAS 



[July i:< 



college, and in 1869 some other pro- 
visions were made recognizing the 
double capacity of the building, and 
the object of this was to recognize 
the action that had gone before, 
which established the college here, 
clearly and decidedly; so that it 
might be shown that we had regard- 
ed it as an agricultural college, and 
brought ourselves within the provis- 
ions of the act and complied with the 
provisions upon which the grant was 
made. That was the idea intended 
to be shown by the section. 

Mr. MASON. In other words, it is 
to say to avoid doubt. 

Mr. ESTABROOK. Yes. 

Mr. McCANN. Mr. Chairman, I 
rise to a question of privilege. My 
colleague, (Mr. Mason) has asked for 
information from the chairman of the 
Committee reporting this article. Be- 
lieving that the chairman has failed 
to respond in all the particulars, I 
wish to call the attention of my col- 
league to one further objection urg- 
ed against this article yesterday. 

Leave granted. 

Mr. McCANN.. I understand that 
the objection to this Article yester- 
day was this: that in adopting the 
Article we thereby confirm the Act 
of the Legislature of 1869, locating 
or establishing a university and ag- 
ricultural college. Serious objections 
were urged against that Act in it- 
self. 1. in framing this amendment, 
think we have obviated that, and 
that now, in adopting this Article as 
amended by the Committee, and as 
now before the Committee, we de- 
clare it an Agricultural College as 
well as a University. Thereby we 
fulfill all the requirements of the Act 



of Congress and tome into the pos- 
session of the 90,000 acres of land. 

Mr. THOMAS. I would like to 
ask Mr. McCann if the statute estab- 
lishing this university and agricultur- 
al college does not establish it as an 
Agricultural College; and if it does 
is it necessary that there be a Con- 
stitutional provision also declaring it 
an Agricultural College? If it is nec- 
essary to put this into the Constitu- 
tion for the purpose of saving any 
land, I am in favor of keeping it 
there but if not, I am not desirous. 

Mr. McCANN. I would state, for 
the information of the gentleman 
from Nemaha — and I am obliged to 
him for making that point — that 
your act reads "An Act for the pur- 
pose of establishing the University 
of Nebraska." If this is not the act 
we have been fighting since 12 o'clock 
yesterday, I stand corrected. I hold 
if it is not you have been fighting a 
myth. I hold that the act establish- 
ing this is the act to establish the 
University of Nebraska; and I hold 
that before you receive the patent for 
the 90,000 acres you have to declare 
some building a University and Ag- 
ricultural College. 

Mr. THOMAS. I believe the act 
alluded to by Mr. Philpott referred 
lo a different one. 

Mr. McCANN. I wish further lo 
State, so far as the other act is con- 
cerned, the matter referred to the 
act of 18G9 — 

Mr. PHILPOTT. One act I refer- 
red to yesterday — 

The CHAIRMAN. The gentleman 
from Lancaster (Mr. Philpott) is out 
of order. It leave is granted he may 
speak. 



LOCATION OF AGRICULTURAL COLLEGE 



3iy 



■Thursday] 



Mason— PHILPOTT— BALLARD 



iJuly 13 



Mr. MASON. Mr. Chairman, I 
think it important that we act intel- 
ligently upon this matter. I hope the 
gentleman from Lancaster will have 
permission. I desire to have suffi- 
cient time to examine the law. 

Leave was granted Mr. Philpott. 

Mr. PHILPOTT. I was about to say 
that one act I referred to yesterday 
was the one Mr. McCann has been 
referring to, and can be found in the 
Laws of Nebraska, for 1869, page 
.312. Now, in reference to the act on 
page 175, it provides for six depart- 
ments, separate departments, in the 
University — 

— — — We have nothing to do 
with the departments. 

Mr. PHILPOTT — One moment. 
The first is a college of ancient and 
modern literature, mathematics and 
the natural sciences; and the second, 
is a college of agriculture. Now, 
what we are required to do by the 
Act of Congress of 186C, was first — 
that, within three years after the 
State was admitted into the Union, 
she accept the grant of 90,000 acres 
of land; and within five years after 
such acceptance — erect "an agricultu- 
ral college. Now, we have no Agri- 
cultural College; nor will we have 
the money to expend in the next four 
or five years. Unless it is true that 
in this University we have an agricul- 
tural college, in the second depart- 
ment — that is what the law says — 
"the University shall consist of six 
departments" — and each one is a col- 
lege, and the second is an agricultur- 
al college — if that is true, we have 
complied with the law, and need not 
build within the next four years. 
And, again, we have not the money 



to lay out in the other building. It 
would be eminently wise and just 
for the Convention to recognize that 
department as one of the agricultural 
colleges of this State. Then there 
is no doubt about the question. And 
that is the point I urge here. If you 
cast it off entirely, then you will have 
said to Congress, "We have not com- 
plied with the law." If we don't adopt 
something of this kind, when we 
make application for our land grant. 
Congress will say "put up your build- 
ing and comply with the provision 
of the act." I say it will be cheapest 
to recognize this building as one of 
our agricultural colleges. 

Mr. BALLARD. Mr. Chairman, this 
ground seems to have been pretty 
thoroughly discussed, and I think 
this discussion is out of order. 

The CHAIRMAN. Gentlemen, the 
question is upon the motion to strike 
out section 9 as amended. 

Mr. MASON. Mr. Chairman, I 
would like to say a word farther. I 
was under the impression that if the 
section passed it would recognize the 
action of the Legislature with re- 
spect to the location of this univer- 
sity and agricultural building as con- 
stitutionally done, and irrevocably 
fixed, and to that, I was opposed. 
Upon a more thorough examination 
of this section, I find the section 
does recognize only the location of 
this as one of our agricultural col- 
leges, fixes that by the Constitution 
and does nothing more. Then it is 
well to see what has been done under 
the act of the Legislature referred to 
by my colleague, the gentleman from 
Lancaster (Mr. Philpott) I read from 
page 254 of 1869 — section 2: "And 



320 



STATE AGRICULTURAL COLLEGE 



Thursday] 



MASON— ESTABROOK 



[July IS 



that the residue of the moneys aris- 
ing from the sale of lots as aforesaid 
not exceeding the sum of one hund- 
red thousand dollars, be and the same 
ishereby appropriated, to be expended 
under the direction of said Commis- 
sioners in the construction and erec- 
tion of a suitable building for a State 
university and agricultural college, 
upon the grounds on or near the 
town site of Lincoln heretofore se- 
lected, or to be selected by said com- 
missioners and laid off for that pur- 
pose, PROVIDED, that if a sufficient 
amount is not realized from the sale 
of lots as aforesaid, from which to ap- 
propriate as aforesaid $100,000 to 
build the State University and Agri- 
cultural College. The said commis- 
sioners may sell in the same manner, 
to the highest and best bidder, a 
sufficient amount of saline lands, 
not exceeding 40 sections at a price 
not less than $5 per acre to make up 
the deficiency, Provided Further that 
said lands shall not be selected for 
such purposes from any section or 
part of a section on which any salt 
spring may be located, or a section 
adjoining the section on which said 
salt spring may be located." 

We have a recognition of the agri- 
cultural college and university and 
if it be the sense of the Convention to 
simply recognize the location and 
erection of an agricultural college 
at Lincoln, then we ought to adopt 
the section, as reported by the Com- 
mittee. For my own part, I believe 
I am in favor of recognizing as the 
agricultural college of this city, this 
building over here in this oat field; 
but I want to see our agricultural 
college surrounded by broad acres 



upon which to experiment. Now It 
is true this section provides for the 
erection of other agricultural col- 
leges, but when we build an agricul- 
tural college I don't believe in plant- 
ing it in anybody's town. I want it 
where they can plant trees and have 
broad acres for practical experiments, 
in order that the poor men of our 
State may gain thereby, and save the 
large sums which many of us, in the 
early settlement of our State, have 
lost heretofore in experimenting. For 
the purpose of securing our lands, I 
am in favor of lettins: this section 
stand and call this an agricultural 
college, but I am not in favor of call- 
ing it, by Constitutional provision, 
the agricultural college of this State. 

Mr. ESTABROOK. Mr. Chairman, 
I will call the attention of the gentle- 
man to the fact that the law provides 
for the using of 10 per cent of this 
fund for experimental farms. 

Mr. MASON. Mr. Chairman, I 
want lands around our agricultural 
colleges, as well as these experimen- 
tal farms. I wish my boy to go from 
the field with sweat still on his brow, 
to his books. I would take him from 
practical farming — from the planting 
of trees, from the planting of crops — 
to the school room; from the toil of 
the muscle, to the toil of the brain, 
and for that reason I would have my 
building upon a farm. Therefore, I 
am for the planting of our agricul- 
tural college — not in Lincoln, not in 
Nebraska City, not in Omaha, not 
anywhere except in the country 
which God has made, and the farmer 
is to inhabit. These being my views, 
I believe I am in favor, Mr. Chair- 
man of striking out the whole sec- 



DEAF, DUMB AND BLIND 



321 



Tbursdaj\ 



McCANN— MASON— WILSON 



[July IS 



tion. 

The Convention divided and the 
motion to strilvo out section nine was 
agreed to. 

Mr. McCANN. I desired a division, 
in order that we might know who 
it is that votes to strike out this sec- 
tion, for I am satisfied the time will 
come when those voting in the affirm- 
ative, will regret their action. 

Mr. MASON. Mr. Chairman, I de- 
sire to say to the gentleman that if 
there is any doubt about our receiv- 
ing the land, I may regret it, other- 
wise I should be sorry to see our ag- 
ricultural college in any body's town. 

The CHAIRMAN. The Secretary 
will read section 10. 

The Secretary read as follows: 

Sec. 10. Schools for the benefit of 
the deaf, dumb or blind shall be fos- 
tered and supported. 

Mr. KIRKPATRICK. Mr Chair- 
man. I desire to amend the section 
by striking out the word "or," and 
substituting the word "the." 

Mr. ESTABBROOK. I would ask 
the gentleman if the section does not 
include all of that class of persons, 
just as well as if the word "the" were 
used. 

Mr. KIRKPATRICK. Mr. Chair- 
man, It strikes me that that amend- 
ment is required to make it obliga- 
tory upon the authorities to provide 
for this unfortunate class, and I think 
the phraseology is better. 

Mr. ESTABROOK. Mr. Chairman, 
I don't think the gentleman has argu- 
ed that point quite so often as I have 
in my practice in criminal courts. 

Mr. MASON. Mr. Chairman, I 
would simply inquire if the deaf are 
not always dumb? 

Mr. ESTABROOK. No sir. 

21 



Mr. MASON. Would it not be bet- 
ter to say "Deaf and Dumb or Blind"? 

Mr. MYERS. Mr. Chairman, If we 
are to go into a general conversation- 
al society I think we had better do 
it at once. 

The CHAIRMAN. Gentleman 

will please address the Chair. 

Mr. ESTABROOK. I will submit 
to the Honorable Chief Justice, 
whether this does not include the 
whole. 

Mr. ROBINSON. Mr. Chairman, if 
it is in order. I move to strike out 
the words, "deaf, dumb or blind," 
and insert "deaf and dumb and 
the blind." 

The CHAIRMAN. The question i.-: 
on the amendment of the gentleman 
from Lancaster (Mr. Robinson). 

The Committee divided and the 
amendment was agreed to. 

Mr. WILSON. Mr. Chairman, I 
move the section be adopted as 
amended. 

The 10th section was adopted. 

The Secretary read section eleven 
as follows: 

Sec. 11. The superintendent of 
public instruction, secretary of State, 
treasurer and attorney general shall 
constitute a board of commission- 
ers for the sale, leasing and general 
management of all lands and funds 
set apart for educational purposes, 
and for the investment of school 
funds, in such manner as may be pro- 
vided by law. The superintendent of 
public instruction shall be the presid- 
ing officer of the board. Any three 
members shall constitute a quorum. 
Such board shall also have the gener- 
al management and control of the 
affairs of the State normal schools, 
and the State university and agricul- 
tural college, and shall take the 
place and do the duties of regents 
of said institutions. Such board 



322 



STATE EDUCATIONAL BOARD 



ESTABROOK-MAJORS 



Khali also have the general supervis- 
ion of public instruction in the State. 

Mr. ESTABROOK. Mr. Chairman, 
It is proper to state perhaps, that 
while the Committee adopted this in 
order to make a report at an early 
day, yet no one of them thought this 
was the best plan. It was and is 
not m.v own views. For the purpose 
of getting my own views before the 
Committee, I will offer the following: 

That the section be struck out, and 
that two sections be adopted in lieu 
thereof as follows: 

Sec. 11. The supervision of public 
instruction shall be vested in a State 
Superintendent and such other offi- 
cers as the Legislature shall provide. 
The superintendent shall be chosen 
by the qualified electors of the State 
in such manner as the Legislature 
shall direct; his powers and duties 
shall be prescribed by law. 

Sec. 12. Until the Legislature 
shall otherwise provide the superin- 
tendent of public instruction, Gover- 
nor, secretary of State, treasurer and 
attorney general shall ex-officio con- 
stitute a board of commissioners for 
the sale, leasing and general manage- 
ment of all lands and funds set apart 
for educational purposes, and for the 
investment of school funds, in such 
■manner as may be provided by law 
The superintendent of public in- 
struction shall be the presiding offi- 
cer of the board. Any three members 
shall constitute a quorum. Such 
board shall also have the general 
management and control of the af- 
fairs of the State normal schools, and 
the State university and agricultural 
college, and shall take the place and 
do the duties of regents of said insti- 
tions. 

Mr. ESTABROOK. Mr. Chairman, 
My idea is that two interests are In- 
volved in this, and hence I can see 
that there is a necessity for divid- 



ing it, and I believe it is usual in all 
of the States that the State superin- 
tendent of public instruction is the 
head of this board. I have provided 
that the State officers ex-officio shall 
be such board until the Legislature 
shall otherwise provide, and I think 
it will save expense by employing 
those who can serve in this capacity 
without additional compensation. 

The idea that I have and I think 
of the other members of the Commit- 
tee, is that we shall hold the State 
responsible for every dollar of the 
school fund, and the State shall guar- 
antee the return of every cent that is 
lost. Now, that is one idea I insist 
upon as one of the gems of the pro- 
position I offer. I insist upon it as 
one of the gems of the proposition. 
In the next place, the trustees of the 
fund have the responsibility of keep- 
ing this forever intact and undimin- 
ished. We give them the authority 
of the law to indicate to themselves 
the manner in which it shall be in- 
vested, to say how it shall be made 
safe, and for the time being only they 
can have the opportunity of ascer- 
taining whether this or some other 
method would be the best. The 
amendment simply provides that va- 
rious officers of the State shall con- 
stitute a board. If it is deemed best 
it could be abolished, leaving the 
State all the while under this respon- 
sibility, the privilege of saying by 
what means they shall so execute 
their trust. This is the idea we have. 

Mr. MAJORS. I would call the 
attention of the gentleman from 
Douglas (Mr. Estabrook), and the 
members of the Convention to the 
i first section of this Article as report- 



STATE EDUCATIONAL BOARD 



323 



Thursday] 



KIRKPATRICK-STRICKLAND 



[July 13 



«d. "The educational and school 
funds and lands of this State 
shall be under the control and 
management of the Legislature — " 
Now in calling their attention to 
that, it seems to me it is conflicting 
with section eleven, or the amended 
sections as proposed, and I feel that 
the whole matter is competent to be 
left with the Legislature to provide 
for this matter, and that we need 
not tie ourselves by any Constitu- 
tional provision in this matter. 

Mr. KIRKPATRICK. Preparatory 
to considering the section as reported 
hy the Chairman of the Committee, 
I move that section eleven be strick- 
en out. 

Mr. ESTABROOK. I offer it as a 
substitute. 

Mr. KIRKPATRICK. I do not like 
it in that way, I want it divided; my 
motion is to strike out the original, 
not the substitute. 

Mr. ESTABROOK. My motion 
was to strike out the original and in- 
sert the substitute. 

The motion was agreed to. 

Mr. STRICKLAND. I find in the 
report of the Committee on State In- 
stitutions and Public buildings, that 
a board is provided for as follows: 

1[ 1. That a board of commission- 
ers, consisting of ,to be called 

commissioners of State Institutions 
and public buildings shall be elected 
at the first general election provided 
for in this Constitution, whose duty 
it shall be ts have the general super- 
vision and control of all State insti- 
tutions and public buildings, and the 
care and sale of all lands appropri- 
ated for and belonging thereto. 

^ 3. The board of commissioners 
of State institutions and public build- 
ings shall perform the duties of the 



normal school board of education, 
and shall be regents of the State uni- 
versity and agricultural college. The 
governor, as member ex-officio and 
chairman shall complete said board 
of regents. 

I read these to call the attention 
of the Convention to the fact that 
this question might be considered 
with that report. 

Mr. KIRKPATRICK. I do not 
think the report of this Committee is 
to be considered, it is not before the 
Convention. 

Mr. BALLARD. I very much ques- 
tion whether this Convention is pre- 
pared to act on this at this time or 
not. It is something entirely new to 
me. I should prefer a re-commit- 
ment in order that the new section 
may be printed. 

Mr. HASCALL. We have not 
adopted a single Article, though we 
have been in session some time. We 
have got a short Article here report- 
ed by the Committee on Education, 
etc. We have got to a point where 
we can finish it in a short time. 
In regard to the report of the Com- 
mittee on Public Buildings, I am un- 
willing to mix up the management of 
our penitentiary with our school in- 
stitutions. I think we should pro- 
ceed to adopt this eleventh section we 
would then get along to the remain- 
ing section and be able to finish it 
up at this time. I hope we will dis- 
pose of it. 

Mr. SPRAGUE. Mr. Chairman, I 
have prepared here a section which 
I wish to offer as a substitute for 
section eleven, which has been dis- 
cussed. 

The Secretary read the substitute. 



324 



STATE EDUCATIONAL BOARD 



SPRAGUE-ROBINSON— KIRKPATRICK 



[July IS 



as follows: 

The superintendent of Public In- 
struction and one commissioner to be 
elected from each judicial district 
within this State, shall constitute a 
State Board of Education. The Su- 
perintendent of Public Instruction 
shall be the presiding officer of the 
Board. Such board shall have the 
general management and control of 
the affairs of the State normal 
schools, and the State university and 
agricultural college and shall take 
the place and do the duties of regents 
of said institutions. Such Board 
shall have a general supervision of 
public instruction in the State. 

Mr. ROBINSON. I agree with the 
gentleman from Douglas (Mr. Esta- 
brook) and am opposed to the amend- 
ment. I think it ought to be left to 
subsequent Legislatures to provide a 
new board. They can do it as the ex- 
igences of the time may require. We 
may fix something they do not want. 

The CHAIRMAN. The question is 
on the substitute offered by the gen- 
tleman from Saunders (Mr. Sprague). 

The substitute was not agreed to. 

The CHAIRMAN. The question 
now is on the amendment of the gen- 
tleman from Douglas (Mr. Esta- 
brook.) 

The motion was agreed to. 

The CHAIRMAN. The Secretary 
will read section twelve. 

The Secretary read the section as 
follows: 

Sec. 12. Until the Legislature shall 
otherwise provide the superintendent 
of public instruction, governor, secre- 
tary of State, treasurer and attorney 
general shall ex-offlcio constitute a 
board of commissioners for the sale, 
leasing and general management of 
all lands and funds set apart for edu- 
cational purposes, and for the invest- 
ment of school funds, in such manner 
as may be provided by law. The su- 



perintendent of public instruction 
shall be the presiding officer of the 
board. Any three members shall con- 
stitute a quorum. Such board shall 
also have the general management 
and control of the affairs of the 
State normal schools, and the State 
University and agricultural college, 
and shall take the place and do the 
duties of regents of said institutions. 

Mr. KIRKPATRICK. I am oppos- 
ed to the adoption of that section. I 
think it unnecessary to put power 
into new hands. I think we had bet- 
ter leave it as it is until the Legis- 
lature meets. I shall oppose the 
adoption of the section. 

Mr. SPRAGUE. I have also a sec- 
tion drawn up here which touches so 
far as the question of the funds and 
the sale of school lands are con- 
cerned. The same division which is 
treated with in the provision report- 
ed by the gentleman from Douglas 
(Mr. Estabrook) ; and I offer this as 
a substitute: 

Sec. 12. The Legislature shall by 
law provide for a State Land Office 
for the sale of all school and other 
State lands, and for the proper distri- 
bution of the proceeds of the sales of 
such school lands among the dif- 
ferent counties of the State, there to 
be loaned, under provisions of the 
law, to school districts or other par- 
ties within said counties wishing to 
loan the same. 

Mr. ABBOTT. I would like to ask 
the Chairman of the Committee if he 
proposes to have the superintendent 
of public instruction attend all the 
sales of school lands throughout 
the State, and personally superintend 
them. 

Mr. ESTABROOK. I so intended 
it. 

Mr. ABBOTT. Then I am opposed 
to it. 



STATE SCHOOL LANDS 



325 



ESTABROOK-KIRKPATRICK 



[July 13 



Mr. ESTABROOK. And I have my 
desk full of the evidences of the pro- 
priety of the measure. Because it 
■will be shown, by the report of the 
Committee of which I am Chairman, 
that by subjecting the interests of 
the schools, its funds and lands, to 
the officers of the different counties, 
to be sold and transmitted to the 
treasurer of the department of the 
State, we have already sustained a 
loss of $10,000 in seven counties, so 
far as the records reveal. In the 
first place, we asked the proper de- 
partments to make an exhibit of the 
amount of school funds: secondly, 
lands sold and the money paid into 
the treasury. Now we asked the 
county treasurers to state to us how 
many acres have been sold; how 
much money has been paid in, and 
from the State Auditor and Treasurer 
their report; and the result is that 
the State has sustained a loss of $10,- 
000 in seven counties; and it is our 
intention that these irresponsible par- 
ties, in these several counties shall 
not manipulate these funds, but that 
it shall be done as we suggest, and it 
is no more expense. The treasurer, 
if you please, shall see to it that the 
thing is done properly, and that they 
shall go, at the times advertised, and 
notify the different counties, and 
make these sales; and that those indi- 
viduals, in the different counties, 
shall no longer manipulate the funds 
of the State. 

Mr. ABBOTT. If that is the state 
of affairs, I am perfectly satisfied'. 

Mr. KIRKPATRICK. I cannot 
very well comprehend the question 
under discussion, but I understand 



it is claimed that there has been a 
loss of school funds, and also that re- 
ports from several treasurers have 
not been received. Now, I think, un- 
der the present law, the treasurers 
have nothing to do with the sale of 
school lands. Primarily, they know 
nothing about them. The lands are 
advertised as a whole, in one adver- 
tisement, and due notice given by the 
county clerk, in his official capacity. 
Now, if under our present system, 
we are liable to losses in our funds, 
I am ready to assist in making our 
school interests more secure. As the 
Legislature will soon meet, and the 
whole subject, as provided for at the 
present will come before them, and 
will leave it as it is until that meet- 
ing, I am of opinion the Committee 
had better refuse to adopt this sec- 
tion. It may be this section is prefer- 
able to what has been stricken out, 
or to the law now in force. And un- 
less I have a better understanding, 
I shall be obliged to vote against the 
section. 

Mr. MASON. Mr. Chairman, I 
hope that the amendment offered by 
the gentleman from Douglas will pre- 
vail. I thinlc there are urgent rea- 
sons why it should be first made in 
your Constitution, that the State 
shall be responsible for all these 
school moneys that come Into its 
hands. Then it should be left in the 
discretion of the State to take care of 
that fund, and they should not be re- 
quired to send it to any place to loan. 
The State is the party, who is respon- 
sible for it, and should be granted 
the largest discretion in that regard. 
To day prudence might dictate that 
this fund, instead of being distributed 



326 



HANDLING SCHOOL FUNDS 



Thursday J 



[July IS 



in the counties, the loan should be 
invested in State warrants or stocks. 
To-morrow, or in a few years hence, 
public prudence might dictate that it 
should be invested in United States 
stocks; and this matter should be 
left in the control, and under the 
supervision of the Legislature and of 
State officers. This idea of making 
so many parties to handle money is a 
very dangerous expedient in practice. 
Did any body ever know it to an- 
swer in the every day affairs of life? 
Money will wear a little in handling. 
It never failed anywhere; and if you 
let every county clerk handle the 
fund, and there be fifty-two of them, 
the loss, on an average, will be just 
fifty-two times as much as though 
you placed it in the hands of one 
State officer, responsible to the State 
only. I have no doubt, and, indeed I 
might say I know, that the State 
fund has suffered, not so much 
through crime as through ignorance. 
For in some counties I am told, the 
commissioner has allowed a per cent, 
of the sale of the school lands to the 
county treasurer. This not through 
criminalit}-, but through ignorance. 
And if you place it under the super- 
vision of the officers named by the 
gentleman from Douglas, the Attor- 
ney General, through his instructions, 
will see that nothing is done through 
ignorance and nothing lost through 
carelessness and indiscretion. It 
seems to me, that the report of the 
gentleman covers the whole case, 
that is until the Legislature shall 
otherwise provide by law, the officers 
named in the Article shall have the 
supervision and control and hand- 
ling of this money, and the State 



officers shall be responsible for it, 
and they responsible to ■the State. 
There are other considerations, when 
you come to consider the details of 
our laws, that should move the Com- 
mittee to adopt this plan. The coun- 
ty authorities, in many instances, fix 
the bond of the county officers and 
approve of the securities; and th& 
State has no power or loi ic the elec- 
tion of those commissioners who act 
in the responsible capacity of ap- 
proving the securities of those offi- 
cers who handle this fund. And, ..or 
this reason, the money should not be 
entrusted to their hands, but to the 
hands of such officers that the State 
in its aggregate capacity, as such, 
shall give bonds, and determine the 
amount in which their security shall 
be approved. It seems to me that 
any attempt to dilute or distribute 
this fund is only fraught with in- 
creasing and geometrically increas- 
ing dangers. Not only dangerous to 
the fund, but it is in some respects, 
admitting officers who, not so often 
through criminality of heart com- 
mit these blunders, as through ignor- 
ance, inability and indiscretion. And 
I apprehend, after a carefuV investiga- 
tion of affairs, there are funds in 
some counties — I know I could name 
in the first district — funds that have 
been allowed from the school fund, 
that there was not the slightest au-' 
thority in law for allowing. By 
whom? By your county commission- 
ers. They thought their duty was to- 
pay some person for allowing the 
handling of this fund. Now, it seems 
to me, the experience of the past 
should guide us, nnd that this pro- 
vision is well conceived, and should 



HANDLING SCHOOL FUNDS 



327 



Thursday] 



LAKE— WILSON 



[July 13 



receive the approval and sanction 
of tlie committee. That is to say — 
they may hand to Mr. A. $10,000, 
and tell him you hold him and pos- 
terity responsible, all the property of 
the State responsible for the princi- 
pal and the interest. Then Mr. A. 
should have the handling of and de- 
termining who should hold and ap- 
prove the bond and securities of the 
gentleman who holds the bond. 

Mr. LAKE. Mr. Chairman, I 
agree, in the main, with the honor- 
able gentleman from Otoe (Mr. Ma- 
son). If what has been represented 
here be the fact, it is very clear to 
my mind that the system under which 
we have been operating in respect 
to this fund, is not a wise one; it is 
not satisfactory to the people of the 
State. 

The gentleman from Xemaha (Mr. 
Majors) seems to think there is a 
conflict between the first Section of 
this Article and the proposed Section. 
It seems to me there is no such con- 
flict. It is only proposed to pro- 
vide for this matter until the Legis- 
lature can convene, and take action 
upon it and provide otherwise. It 
don't propose to take this matter out 
of the hands of the Legislature, but 
place it in proper hands until the 
Legislature have had proper time to 
provide some other plan for the man- 
agement of this fund. If you come 
to the conclusion — as we must, I 
think — that the plan under which 
we have been operating, and now 
operate, is not safe, then where can 
the fund be placed where it will be 
more so than in the hands of the offi- 
cers named in this Section? Can 
any person propose a person, or an 



oflicer where the fund will be safer? 

1 believe in leaving the matter to the 
Legislature and I believe that to be 
the general sentiment of this Com- 
mittee, but there is a necessity for a 
change between the time when this 
Constitution will be adopted, and the 
time when the Legislature will have 
an opportunity of considering this 
matter and determine what shall be 
proper to do with it. During this 
time, let us provide in such a man- 
ner that the fund shall be safe — that 
we shall right the wrong as much as 
we can by the adoption of some safe 
plan for the protection of these 
funds. If any gentleman can sug- 
gest a better plan for this, I am ready 
to fall right in with it. I believe 
the proposition proposed is the best 
one which can be found. 

Mr. WILSON. Mr. Chairman, I 
move that the Committee now rise, 
report progress, and ask leave to sit 
again. 

Motion agreed to. 

Mr. STEWART. Mr. President, 
the Committee of the Whole have 
had under consideration the report 
of the Committee on Education, 
School Funds and Lands and beg 
leave to report progress, and ask 
leave to sit again. 

Adjournment. 

Mr. LEY. Mr. President, I move 
the Convention do now adjourn until 

2 o'clock p. m. 

Motion agreed to. 

So the Convention (at twelve 
o'clock and three minutes) adjourn- 
ed. 



328 



STATE EDUCATIONAL BOARD 



Thursday] 



SCOFIELD—SPRAGUE— MYERS 



Afternoon Session. 

The Convention met at 2 P. M. 
and was called to order by the Presi- 
dent. 

Committee of the Whole. 

Mr. SCOFIELD. Mr. President, I 
move that the Convention resolve it- 
self into the Committee of the Whole 
for the purpose of resuming the con- 
sideration of the report of the Com- 
mittee on Education, School Funds 
and Lands. 

The motion was agreed to. 

So the Convention in the Com- 
mittee of the Whole — Mr. Griggs in 
the chair proceeded to consider the 
report of the Committee on Educa- 
tion, etc. 

The CHAIRMAN. Gentlemen of 
the Convention the question is on the 
amendment offered by the gentleman 
from Saunders (Mr. Sprague). 

Mr. SPRAGUE. Mr. Chairman, I 
don't wish to occupy the time of this 
Committee, but it seems to me that 
there is something in this matter of 
importance to the State. First as a 
matter of economy. Under the sub- 
stitute offered by the gentleman from 
Douglas (Mr. Estabrook) we have 
six persons constituting a board to be 
paid, where you would have but one 
under my substitute. Again, it is 
contended that it increases the 
chances for stealing. Now my ex- 
perience tells me that it is true that 
the school fund will be safer in the 
hands of the different county officers 
than in the hands of two or three 
men here in this city. I for one 
am in favor of doing as much good 
with this fund as 1 can for the 
State, and for the purpose for which 



it is given and I think it is for the 
benefit of the schools of this State 
and I am in favor of putting it within 
the reach of the different district 
schools of the State. I think the 
substitute 1 offer will accomplish 
this and other benefits of which I 
am in favor. 

Mr. MYERS. Mr. Chairman," I 
wish to inquire whether there is any 
amendment now pending other than 
the one offered by my Colleague? 
(Mr. Estabrook.) 

The CHAIRMAN. I have just 
stated that the question is on the 
substitute offered by the gentleman 
from Saunders (Mr. Sprague). 

Mr. MYERS. Mr. Chairman, The 
amendment contemplates placing the 
whole department of State in the 
hands of State officers to be elected 
by the people. That is, the Secretary 
of State, the Auditor, Treasurer, and 
the Attorney General, and that the 
Board of Regents is abolished. I am 
in favor of the proposition except as 
to its application to the Normal 
School which is not in the reach of 
the State officers unless they undergo 
a large personal expense in taking 
charge of that Institution. It is lo- 
cated at Peru and in possession of 
a Board of Regents who, I believe 
have the entire confidence of the 
community, and I am happy to say 
from reliable information that the 
affairs of that institution are man- 
aged with economy, ability and with 
the sole purpose of advancing the in- 
stitution. It may as well be excluded 
from the amendment of my colleague. 
Upon the general principle of abolish- 
ing the Board of Regents, I believe 
it is eminently wise and proper. I 



UNIVERSITT REGENTS— SCHOOL FUNDS 



329 



Thursday] 



MYEKS-WKAVEK 



[July IS 



have for some time regarded it as 
an incubus on the State. Many com- 
plaints were made during the last 
session of the Legislature as to their 
extravagance, and want of foresight 
in administering its affairs. I under- 
stand that the institution of the Uni- 
versity, when in a chaotic state, quite 
an infant as it still is, that enormous 
expenditures were calculated upon to 
furnish the interior departments, 
that an estimate was made for fur- 
niture that amounted to $12,000. 
When the Chancellor arrived he dis- 
covered that he could furnish the 
entire building for one thousand dol- 
lars. A board that is so reckless as 
that on this one single item is cer- 
tainly open to just animadversions. 
1 believe it could be more harmon- 
iously arranged than it has been in 
the past. The people will elect men 
from their midst who will administer 
that institution in the interest of edu- 
cation without regard to the advance- 
ment of personal or political feelings. 
It is true that the Board of Regents 
"has many associations that endear it 
to some people. The Smithsonian 
Institute, bequeathed by an English- 
Tnan, has a Board of Regents, and 
that Board has been administered 
solely to the carrying out of the in- 
junctions of the gentleman who made 
the bequest to the people of the 
United States. I would like to see 
the same ideas propagated by the 
gentlemen who are to be invested 
■with the management of this institu- 
tion. The eyes of the whole of the 
people of the United States are di- 
rected to the people of Nebraska for 
the faithful discharge of the duty 
entrusted to their care. With the 



exception of the amendment I pro- 
pose to make at the proper time to 
except the Board of Regents of the 
Normal School, I believe it would 
wise and proper that this change 
should be made. 

Mr. WEAVER. Mr. Chairman, 
The substitute before the committee 
proposes the distribution of this 
school fund among the different 
counties. I shall support it for var- 
ious reasons. The great object of the 
school fund is for the upbuilding of 
a system of schools for the State of 
Nebraska. Gentlemen who oppose 
this say this great school fund should 
be centralized here at the capital. 
They give as a reason therefor that 
the individuals elected to responsible 
positions might not give sufficient 
security. I see no reason why the 
different counties choosing men of 
integrity to fill positions could not 
be as responsible as men elected to 
the State offices. I think it would be 
much safer when it is distributed 
throughout the State in 52 counties, 
than here in one point. I think it 
would carry out the object for which 
that fund was created, for building 
up the educational interests of the 
State of Nebraska. If it is distri- 
buted among the counties they can 
loan to the school districts, and they 
can rear school houses for the edu- 
cation of children. I am greatly op- 
posed to this centralization system. 
It has been said that it should be left 
to the Legislature. I am opposed 
to this. It is well known that at 
the very last session of the Legis- 
lature an attempt was made to get 
a bill through by which counties 
should be entitled to school money. 



330 



CARE OF SCHOOL FUNDS 



Thui-sday 



WEAVER— NEWSOM 



[July 13 



which failed. At the same time 
there was money to loan for all other 
parties: individuals could come in 
and get it for the purpose of build- 
ing hotels, or investing in private 
speculation, while counties could not 
get hold of it for the purpose of ad- 
vancing the educational interests of 
the State. I say for fear the Legis- 
lature in the future shall do as in 
the past, give it to private individu- 
als, and not to counties or school 
districts, there should not be a clause 
in this Constitution clothing them 
with the power. Gentlemen here tell 
us that 10,000 acres of land have 
already been lost, and that the report 
of seven counties only are in. Where 
is it lost? Have the counties lost 
it? If so they have not shown any 
such thing! They have not shown 
that it was not lost right here. I 
submit this as a proposition, that if 
money is loaned by the State to the 
different counties, every acre in the 
county is responsible for that loan, 
there is a lien on the land for its 
faithful payment. I hope it will not 
be left in the hands of a few indi- 
viduals. I think it is much more safe 
the nearer it gets to the people. 

Mr. NEWSOM. I have a substi- 
tute for Mr. Sprague's amendment. 
I would like to have this incorpor- 
ated. Instead of loaning money to 
the different counties, take this plan. 
All funds arising from the sale of 
lands set apart for educational pur- 
poses shall be invested in the order 
following: first, interest bearing 
bonds of this State; second, interest 
bearing bonds of the counties of the 
State: third, interest bearing bonds 
of the United States. I am in favor 



of the substitute providing for a land 
office. I believe there is sufficient 
to keep one man employed. This- 
would make it incumbent upon the- 
Legislature to provide how land 
should be sold, I believe there Is- 
enough to justify it without leaving 
it to the hands of three or four gen- 
tlemen. 

My objection to loaning this money 
in the counties is, that some of it 
must be lost. I do not believe it 
is in the power of any man or set of 
men to loan money upon individual 
or State account and make all these 
loans sure to the State. And for 
that reason, I am in favor of the pro- 
position of taking it away from th& 
province of any party in this State 
to loan its money at all. 

Mr. ESTABROOK. Mr. Chairman^ 
The import of the amendment offered 
substituting section twelve, it 
seems to me is not understood at all 
by the gentleman from Richi^.-'lsonL 
(Mr. Weaver). The system, as it 
now prevails is for the county clerk 
or treasurer, or both, to offer the 
lands for sale and give some evidence 
or title of such sale, and, if they per- 
form their duty, to send the money 
arising upon the sale to the Treas- 
urer of the State, so that the money 
finally, if the officers do their duty, 
finds its way to the Treasury of the 
State of Nebraska. We find, by the 
communication sent us in response 
to the circular issued, there is con- 
fusion everywhere, to say the least, 
where there is nothing corrupt: and 
at least there is incompetency and 
great carelessness. For instance, we 
have a communication from one 
county, and one of the most popu- 



CARE OF SCHOOL FUNDS 



331 



ESTABROOK 



[July 13 



lous, wliereiii the treasurer responds 
that it is impossible for him to an- 
swer the inquiry as to how much land 
has been sold, how much the land 
which was sold brought, or what 
has ever been done with any part 
of the money. That it will take him 
at least two weeks to look up the 
records and the cost will be worth 
to him at least f50; when it seems 
to me that if the duty were properly 
discharged the records of the whole 
thing would be so compact some- 
where that they could be turned to 
as a merchant turns to his ledger, 
and show what the balance is, what 
has gOne from him, where, and what 
are the evidences of it. But that is 
the method which has been practiced, 
and which it is proposed to remedy