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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.

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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 State Historical Society Publications
' (SeriesTI— 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

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

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.

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

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.

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

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-

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

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

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

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-

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

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

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

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

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

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

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

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

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

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

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

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.

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

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.

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

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.

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

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

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

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-

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

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

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

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-

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

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-

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

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-

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

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.

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

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.

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

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

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

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

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

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-

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

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.

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

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

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

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

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

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;

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

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.

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

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

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~

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

1869

18«»

1866

.80»

1870

1816

•\d

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 0

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

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

Sov. 30, J86II

Nov 30, 1818

N„..»,I86»

Nov. 30. 1870

Nov. 30, 1870

NOV. so. 1870

Nov. 30, 1870

1867

1807

1867

1868

1808

.869

I860

1869

1870

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

6 60

697 48

636 00

1,688 21

130 00

2
2
2
2
2
2

1
I
1
1

1
1

2X
2X

ill

2
2
2
2
2
2

42 34
1,589 22

21 19
051 77

2
2X

2«

2
2
2
2

1
1
1
1
1

IX
IX
IX

8,544 07
160 OS

5,022 71
95 29

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

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 .

i^
2

1
1
%

1 ■*

1
1
1
1
1
1
1
1
1
1

1
1

1
1
.X

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
2

2>i

1>S

2X
2%
2X
.2X
2
2X

2X
2X

X
X

i
I

2
2
2
2
2
2
2
2
2
2

2
2

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,^

!«
1>4
1«

2
2
2

i'x

2
2

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

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

H-2

2
2
2

'^
2

. 2

2
2

1
1
1
1
1
1 .

2X
2X
2X
2X
2X

2
2

2
2
2

2r.2 07

66 66

209 62

4,u29 37

40 29
161 26
418 01

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

1'.

2'..

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

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-

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

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

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

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-

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

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

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

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

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

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

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

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

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-

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"

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

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

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,

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

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 0 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 0 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

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 0 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.

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

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-

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.

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

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

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.

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
by my amendment. The gentleman
seems to think the policy has been
to retain the money in the county to
be loaned and used there. It is not
a proposition at all here, as I under-
stand it; and I would not favor any
proposition to act as a restraint upon
the authorities. For myself, I am in
favor of loaning in the different coun-
ties by some means that shall be se-
cure. I would say, so that it might
not be used for purposes of corrup-
tion, that there should be a register.
And for this there should be a pre-
cedent in the State of Missouri, where
those who desire to loan the school I
fund, record their names on the reg-
ister, so that when the money is
ready to be loaned it is on the prin- I
ciple of the first come first served.
And when this is made safe by giving
us double and treble the amount in
real estate of the amount loaned, or
it is made entirely secure by one or

two signers of a Joint note, it seems
j to me by this the money is made se-
cure. And what is most desirable
here, and which we lack, is a circulat-
ing medium. So vast a sum as this
could be circulated and do good,
rather than by lying in the pigeon
hole of the treasurer's desk, as the
boy hid his cake in the cupboard so
that it could not be found until it
became mouldy. That would suit
me the best; and if anything had
been done in that regard I should
have insisted upon something of that
kind, but I forebore mentioning my
idea, ua one hand I propose to lay
on the State the burden of taking
care of the fund; and on the othe'*
I give the officers the power to make
what disposition they please. Now,
instead of depending upon obscure
individuals who give no bond for the-
fulfilment of this duty in the differ-
ent counties of the State, whether
they be sparsely settled or not, I in-
sist that the treasurer himself go
there, make the sale, and place the
money in the treasury of the State,
there to remain until the Legislature
have described some mode by which.
this shall be disposed of, 'whether it
be in bonds or by loans. And if it be
by loan I would require that no coun-
ty officer ever touch one single cent
of it, but when he wanted to he be-
made to give a draft for it. I do not
propose now that we shall make pro-
vision for the particular manner or
place where the investment shall be-
placed, but who shall make the sale
and who bring the money into one-
common storehouse. I propose that it.
be done by one responsible person
elected by the State, who shall give-

332

CARE OF SCHOOL FTNUS

Thursday

ESTABROOK—SPRAGUE— BALLARD

[July 13

bonds for the safe keemng of the
money. If this be not done, then it
is committed to the hands of irre-
sponsible persons throughout the
State. The treasurer I have alluded
to is the one for Cass county, one
of the most populous counties in the
State, and he writes to me to say it
will take him two weeks and be
worth 150 to send the information
we seek. Others address us in sim-
ilar language, and in no instance do
they come in any form to be readily
comprehended. From those we have
received, so far as we can ascertain;
so far as we can dovetail the facts to-
gether, there is a diminution in
seven counties of $10,000 in the
school fund: and that is what we pro-
pose to remedy. We propose instead
of spreading this thing over the en-
tire surface, where there are none re-
sponsible, that the State officers prop-
er shall first take it into the strong
treasury box of the State; bring it
and deposit in the State vault. There
to remain until ordered away by the
Legislature of the State of Nebraska.
Mr. SPRAGUE. I grant that my
substitute does not provide for the
appointment of a superintendent to
take the sole control of this matter,
but proposes to establish a land of-
fice, which shall have the sole con-
trol of the sale of this land; and it
does not propose to leave it with the
different counties, but to change it in
that very particular. It does not
leave it in the hands of the county
clerk or treasurer, but proposes that
the Legislature shall provide as they
deem best, making but one officer, in-
stead of throwing it into the hands of
at least, six, who are encumbered

with other official business, which
would only attract their attention
from their particular duties. I want
that this be given to one officer who
shall attend to this alone.

Mr. BALLARD. I wish to inquire
of the Chairman of the Committee
how stands the report from Washing-
ton county.

Mr. ESTABROOK. I do not recol-
lect. We are getting them in every
day, and the Committee will as soon
as they can get together, make a sup-
plementary report.

Mr. BALLARD. I know something
about the making of that report and
the business there. Our tre'asurer
made his report promptly.

Mr. ESTABROOK. I will state that
I have not examined that report very
closely; but I know that the State
Auditor reports SCO acres sold more
than the returns from Washington
county indicate.

Mr. BALLARD. Yes, I had heard
of that matter. I am acquainted
with the amount received from our

' county treasurer. He is an old set-
tier, and one of the most active busi-

' ness men in the State. But sir, with

j regard to the difficulty that come up
before this Convention about making

, provisions for this fund, it seems to
me so far as the competency or in-
competency of the county officers, and
the competency, or incompetency of
the State officers is concerned, that it

I is a question with which we have
nothing to do. I have had something
to do with the school fund in the

! State of Iowa, where I used to live.
That State provided for the election
of a State superintendent, and for the
election of an officer called the school

CARE OF SCHOOL FUNDS

333

Thursday

BALLARD- PRIC'E-HASC ALL

I J Illy 13

county commissioner in. each county,
and his duty was to sell, under the
direction of the State superintendent,
school lands in the county. I wish to
speak of one of our State superin-
tendents that I was acquaiute.i with,
'^hij gentleman was elected Stale
superintendent, gave bonds which
were approved by the State officers
having some of our leading men as
his bondsmen, and at one dash he
cleaned up the small sum of $42,000.
The largest steal I ever knew a coun-
ty officer to make, of the school funds,
was $7,000. Hence I say that our
State officers are just as likely to
steal from this fund, as county offi-
cers. If these officers are dishonest,
they will steal any how. Let us elect
honest men to these offices. Where
have the funds of this State been, I
ask, during the last few years? Have
they all been in the hands of county
officers? I think, it seems to me we
have heard our State officers men-
tioned in connection with this school
fund. The people have the remedy for
these evils in their own hands — that
is to elect honest men for county
and State officials.

Mr. PRICE. Mr. Chairman, I fa-
vor the amendment of the gentleman
from Saunders (Mr. Sprague) from
the experience I have had, I believe
it is better, and more expedient, to
place this fund in the hands of the
county officers. I believe in allowing
counties to retain the amounts raised
in the county, and have the use of it.
I think it will work many incon-
veniences to have the money all in
one place. It seems to me it is bet-
ter to scatter it in different parts of
the State. It seems to me there is

no use in requiring the different coun-
ty treasurers to send the funds col-
lected to the State treasurer, and
there is more danger of losing the
funds, than if they are retained in the
county. The funds should be loaned
out. The Legislature can pass laws
stating how is should be loaned. They
can bond county treasurers, for in-
stance, in a sufficient amount to make
him responsible for the funds coming
into his hands. Many portions of the
State are languishing to day for the
want of money to Improve their nat-
ural advantages. If the people could
get, of the county treasurers, a por-
tion of the State funds at 10% say,
they would have means to open up
their farms, and otherwise improve
the country, and I am sure the risk
of losing the money in this way,
cannot be as great as under the
present system. I approve of the
amendment of the gentleman from
Saunders (Mr. Sprague.)

Mr. HASCALL. I call for the read-
ing of the amendment.

The Secretary read, as follows:

"The Superintendent of Public In-
struction and one commissioner to
be elected from each judicial district
within the State shall constitute a
State board of education. The Super-
intendent of Public Instruction shall
be the presiding officer of the board.
Such board shall 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 in-
stitutions. Such board shall also
have the general supervision of pub-
lic instruction in the State."

Mr. HASCALL. Mr. Chairman, If
it is the will and desire of the people

334

STATE LANDS AND FUNDS

Thursday]

MAXWELL— ROBINSON— KIRKPATRICK

[July y.i

Of this State that the school fund be
loaned out on good and sufficient se-
curity, to the people of the State,
then the amendment drawn by the
gentleman from Douglas would ac-
complish that result, and it is not
necessary to put the details in this
Constitution. I understand the pres-
ent board of regents are to act, until
the Legislature provides otherwise: if
then it is wished to loan this money
on good security throughout the
State, it can be indicated at that time.
The first section of the report we have
adopted says this fund shall be man-
aged by the Legislature. Secondly, I
think it would be improper and idle
to adopt this amendment of the gen-
tleman from Saunders (Mr. Sprague)
when by adopting the amendment of-
fered as a substitute for the original
amendment, it will accomplish all
that is desired.

Mr. MAXWELL. Mr. Chairman,
my friend from Douglas (Mr. Esta-
brook) states there is a discrepancy
between the amount of money re-
ceived, by the State treasurer, and the
amount of land sold, as reported by
the different county treasurers. Now
perhaps that can be explained, for
instance, a man may purchase land j
under the conditions by which the '
school land is sold, making partial
payments, but fails to make the pay-
ments and his title is not perfected. I
would inquire of the gentleman from
Douglas (Mr. Estabrook) whether
there is a discrepancy between the re-
port of the State treasurer and the
report of the treasurer of Cass coun-
ty.

Mr. ESTABROOK. Mr. Chairman,
I would say, for the gentleman from

Cass, (Mr. Maxwell) that the treas-
urer of that county has not yet re-
ported, but says it will take two
weeks to make returns and It will
cost him about $50. If the duties
of his office are properly attended to,
is it not strange that it takes so
long to make returns?

Mr. MAXWELL. Mr. Chairman,
It seems to me it would be better
to keep this fund in the counties, that
is to give each county the amount of
money received from the sale of
lands in that county, and require
them to pay the interest annually.
It seems to me this would be a much
better way than to have this money
centralized here, and I am in favor
of the substitute.

Mr. ROBINSON. Mr. Chairman,
this section as first submitted, pro-
vides for the care of this money until
the Legislature shall otherwise pro-
vide by law. For my part I wish the
gentleman from Douglas had worded
his amendment in such a manner as
to prevent the loan of this money to
individuals; upon the whole I don't
think there will be a great deal of
money made by the state In loaning
money on real estate security, but
let it be loaned on securities having
a real market value.

Mr. KIRKPATRICK. Mr. Chair-
man, I don't know that I understand
the substitute offered by the gentle-
man, but if I do understand it, I
see very little ohjectionable in it. It
provides for a State land office to be
located at the Capital, which shall
have charge of all the school lands
of the State. Now I th'ak that is
objectionable, for instance, when the
lands are sold in the several counties

STATE LANDS AND FUNDS

335

(July i:{

they are purchased by the citizens
of the counties, and it would work a
Jiardship for those persons to have to
■come here to attend those sales. Now,
.sir I would be in favor of leaving
this matter to the action of the Leg-
Jslature, and I am of the opinion that
this great school fund should not be
j)ut into the hands of one man here at
the Capital. There has been favor-
itism in the loan of this money in the
past and perhaps it might be so here-
.after unless we guard against it, and
I would oppose the amendment for
these reasons.

Mr. GRIGGS. Mr. Chairman, I
SLxa in favor of the principle contained
in this substitute, that is, the loan-
ing of this fund to the different dis-
tricts of the State. I believe that it
would be of great good to the coun-
ties in our 12th district, the one
which I now represent but, I am op-
posed to this State land office because
I think there are chances for great
■corruption and fraud. Another rea-
son why I am opposed to it is, that
it says this fund shall be given to the
counties and loaned out to individu-
als: I am opposed to that for I be-
lieve that this State has lost several
thousand dollars, in loaning to ir-
responsible individuals. I believe
with the gentleman from Lancaster
(Mr. Robinson) that it should be
loaned on good securities, such as
school district bonds, city or United
States bonds. Another reason for op-
posing it is because it would make
it necessary for every person desir-
ing to purchase school lands to come
to this place for that purpose.

Mr. MASON. Mr. Chairman, I
apprehend that some of the difficul-

ties arise from the fact that we are
considering two propositions instead
of one, under this substitute; the one
is the sale of the school lands and
the other is the care of the school
funds. It is a matter of great im-
portance to the State and people and
in my judgment coming generations
are interested in the mode which this
Convention shall settle upon, of dis-
posing of the public lands, and after
presenting my own views of this
question, and in order that it may be
thoroughly considered, I shall take
occasion to move a recommitment of
this subject to the Committee from
whence it came, that they may con-
sider some of the views presented in
Committee of tiie Whole. I submit
to the Convention the propriety of
providing in the Constitution for a
State Land Commissioner who shall
have charge of all public lands, to
dispose of them as directed by law,
requiring the State treasurer to re-
ceive all purchase money for land
sold, and to give duplicate receipts,
one to the purchaser and one to the
Land Commissioner, on receipt of the
money. The treasurer can easily do
this and such a system would remove
all temptations, and avoid the pos-
sibility of speculations. The Land
Commissioner would never handle
any money at all. Besides, Mr.
Chairman, in presenting these views
to the Convention, there seems to be
but one voice coming from every
county in this State, that nobody can
tell what lands this State holds to
day. No State officer has been able
to inform us up to this hour what
particular tracts have been selected
and the total approved to the state.

336

STATE LAND DEPARTMENT

Xo State officer has been able to in-
form us what particular tracts of
land have been sold and paid for,
which have been secured to the State.
Xow, supposing any man's private
affairs were left in this uncertain
condition, is there any business man
in the world who would trust him,
when neither he himself nor any of
his clerks knew what his assets or li-
abilities were, or what he had?
When you adopt this system in your
Constitution, creating this Land
Commissioner, you dedicate him to
the specific purposes of making cer-
tain that which is now uncertain;
you commit to his special care and
custody the securing of what lands
are not secured, selecting what are
not selected, devote his time and at-
tention to the special interest of the
State in regard to its real property.
Besides, which member of this Con-
vention that holds in his own right,
as many as we hold a doubtful title
to, would trust it to a dozen and one
individuals? You would select one
to straighten up the whole business.
It seems to me this matter Is almost
too plain for discussion, that we have
suffered hundreds; yes thousands,
tens of thousands of dollars for want
of a Land Commissioner, one who
could devote his whole time and at-
tention to this matter. We are con-
tented to have a gentleman look after
that interest and hold him responsi-
ble. In that we are protecting the
interests of the whole State and hold-
ing hundreds of thousands of acres
in our hands. More than that, we
have no department, no individual
to whose special care and keeping
it is entrusted, we inquire of the Gov-

ernor, he sends us to the Auditor,
the Auditor sends us to the Treas-
urer and the Treasurer does not
know anything about it, and who in
God's name does? It seems to me it
is plain we ought to establish a Land
department and Land Commissioner
who shall have the exclusive control
of the lands, to sell them and see that
the money is paid over to the Treas-
urer and the Treasurer take duplicate
receipts for it, if school land deposit
the money in the school fund, if other
lands, to the fund to which it belongs.
It seems to me our friends who have
declainled so loudly in favor of the
distribution of this money through
the State have entirely misappre-
hended the view which has been
taken. Nobody has opposed that, we

I say it should be left to the discre-
tion of the Legislature. Were I leg-
islating to day, I should say the saf-

1 est investment that could be made of
the school moneys to day would be in
the floating indebtedness of this
State, every dollar of which we must
redeem, and pay ten cents on the dol-
lar. I say it is much safer than real

j and personal property. Were I legis-

i lating I should advocate this as a
present rule, a year from to day

I that rule might not work so well;
hence, so far as investment is con-
cerned it should be to the Legisla-
ture as a matter of legislative dis-
cretion and law. So far as the estab-
lishment of the land department is
concerned it seems to me it must
commend itself to the judgment of

this Committee. Consider our State,
extending from the L'eau qui Court
to the Kansas line, from the-
Missouri river 500 miles West,

STATE LAND DEPARTMENT

337

Thursday]

MASON-MYERS— ESTABROOK

[July 13

who is looking after it? What gen-
tleman is specially dedicated to pro-
tect this interest for the education of
the children of the State? Why it
seems to me our first duty is to
establish a Land department and
make that department such that
every plat shall be put on books per-
taining to that office, and let the
Legislature provided for the sale,
then let us see how it will work.
The Commissioner sees fit to sell the
school land in my county to day.
He goes to the plat and knows every
acre reverted to the State, it is his
special duty; he advertises every
quarter section In that county that
will be sold on such a day. The man
who purchases pays his money to the
Treasurer, it is in the Treasury, the
Legislature can lay their hand on it,
and say how it shall be disposed of.
This outline of my own views in re-
spect to the management of these
affairs can reach this result and ac-
complish the object in view. I will
move to recommit this subject matter
of the section twelve back to the
Committee for their consideration.
While I move to recommit for this ob-
ject, I would desire to hear the views
of every member of the Convention,
men who have experience in business
and financial affairs, if it is not a
matter of the first importance that
we have a Land Commissioner whose
special business it shall be first to as-
certain what we have got, second,
ascertain what is in doubt, third, go
to Washington if necessary to secure
it. It is to attain this end I move the
recommitment of the proposition now
before the Convention.

Mr. MYERS. The Committee will

be compelled to rise and report pro-
gress, and it can be re-committed in
the Convention.

Mr. MASON. I move that the
Committee now rise and report pro-
gress for the purpose of re-commit-
ing this matter to the Committee
from whence it came, to take into
consideration the vieWs of the vari-
ous members of the Convention.

Mr. ESTABROOK. Let me sug-
gest the last section also.

Mr. MYERS. I hope the gentle-
man from Otoe (Mr. Mason) will in-
sist on his motion for the reason
this is the most itnportant feature in
the whole bill. Let us attend to one
thing at a time. The proper course,
in view of the revelations made by
the gentleman from Otoe (Mr. Ma-
son) is to do as he has indicated, this
Committee rise and refer it back.
After that Committee has perfected
the bill, immediately go back into
Committee of the Whole, finish the
bill and report it to the Convention.
That is the regular course of proceed-
ing and I hope the gentleman who is
the chairman of the Committee will
acquiesce in the motion of the gen-
tleman from Otoe (Mr. Mason.)

Mr. ESTABROOK. Mr. Chairman,
I would suggest to the gentleman,
who is a good parliamentarian, be-
fore he takes his seat, that we need
not arise for the purpose of making
the recommendation. We can now
declare that when we arise, this
shall be reported back with the
recommendation that this be referred
to the Committee for the purpose of
re-consideration.

Mr. CHAIRMAN. The motion is
that when we do arise, we report the

338

SECTARIAN SCHOOLS

Thursdaj ]

MASON— MYERS— GRIGGS

(July K!

bill back with the recommendation
that this be re-considered.

Mr. MASON. Mr. Chairman, I will
move that when the Committee rises
it report the bill back to the Com-
mittee from whence it came, with the
instruction that it take into consider-
ation the propriety of creating a
l^and Commissioner and establish a
general land office for the State.

The motion was agreed to.

Mr. STRICKLAND. I move the
adoption of section twelve, which will
now be thirteen.

The Secretary read the section.

Mr. STRICKLAND. I will with-
draw my motion on the ground that
the gentleman from Otoe has an
amendment.

Mr. NEWSOM. The Idea I have in
this which I now offer is to amend
the section by adding the words "nor
shall the State accept of any grant,
conveyance or bequest of moneys,
lands, or other property to be used
for sectarian purposes."

The amendment was agreed to.

Mr. MYERS. Mr. Chairman, I of-
fer the following, to go in at the end
of the section as amended; "nor shall
any part of the school fund be devot-
ed or appropriated to the support of
private schools."

Mr. MASON. What ia the object of
that?

Mr. MYERS. The object of this is
to prevent a division of the school
fund for every charitable, sectarian
or religious purpose. It is to keep
the school fund intact and divided
only among the schools. It is to pre-
vent the moneys of the State from
being divided, taken or appropriated
from the treasury to the support of a

Lutheran, Presbyterian or any other
school that wants to make a levy
upon the general school fund for the
advancement of their sectarian inter-
ests. I think it is the policy of
the State to keep the money intact,
and appropriate entirely to the sup-
port of State schools; and no relig-
ious institution shall claim any of
this fund for the advancement of
their peculiar ideas.

Mr. GRIGGS. Is not this included
in the first section?

Mr. MYERS. I would like to have
a clean and distinct enunciation of
the fact that this money is never to
be appropriated for sectarian purpo-
ses. If that clause covers the ground
I shall be satisfied. I withdraw my
amendment for the purpose of allow-
ing the gentleman from Gage (Mr.
Griggs) to make an amendment
which will probably cover the ground.

Mr. GRIGGS. I move to insert af-
ter the word "supported " in the first
■line "in whole or in part."

Mr. WAKELEY. I do not know
that there is any objection to this
amendment only that it seems to be
entirely unnecessary. The sixth sub-
division provides, in emphatic words,
that "the school funds shall be ex-
clusively applied to the following
objects: "

Mr. GRIGGS. Suppose a school was
only partially supported by the school
fund, like many private schools are?
They would be partially supported
by subscription and part by the pub-
lic fund, and my object was to cut
that out entirely, so that it would
not be supported except in the public
schools.

Mr. MASON. Mr. Chairman, I

SECTARIAN SCHOOLS

33&

Thursday

MASON ~McC ANN

[July 13

take the same view of this matter
that the honorable gentleman from
Douglas (Mr. Wakeley) does. If you
look at the sixth sub-division of sec-
tion three in connection with section
twelve, the work is wholly and com-
pletely done. And as it now reads
I regard it as entirely unnecessary.
The Legislature may provide "for
the support and maintenance of com-
mon schools in each school dis-
trict in the State." Support
and maintenance! also the second —
"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 com-
mon schools and the University,
and the purchase of suitable li-
braries and apparatus therefor."
Now read right after that the
twelfth — "No sectarian instruction
shall be allowed in any school or in-
stitution supported by the public
funds set apart for educational pur-
poses." "No sectarian institution"
etc., and can any one doubt but that
you have driven the nail fast and
fixed it? I have no objection to the
amendment only that it does not look
well when construed with the other
section of the bill.

The motion was not agreed to.

The section as amended was
agreed to.

Mr. STRICKLAND. I move that
the Committee do now arise and re-
port progress.

Motion agreed to.

The CHAIRMAN. Mr. President,
your Committee have had under con-
sideration the report of the Commit-
tee on Education, School Funds and

Lands, and report progress and ask
that the report be re-committed to
the Committee on Education for
amendment.

Mr. McCANN. I move that the
Convention do now resolve itself into
Committee of the Whole for the fur-
ther considering the report of the
Committee on Bill of Rights.

The motion was withdrawn.

The PRESIDENT. The report of
the Committee will be considered
adopted, unless some gentleman ob-
jects.

Mr. McCANN. Mr. Chairman, I
move we now resolve ourselves into
Committee of the Whole upon the re-
port of the Committee on Bill of
Rights.

Leave of Absence.

Mr. PHILPOTT. Mr. Chairman. I
ask leave of absence for my colleague,
Mr. Robinson, for one hour from
four o'clock.

Leave granted.

Committee of fhe Whole.

The PRESIDENT. You have
heard the motion — to go into Com-
mittee of the Whole upon the report
of the Committee on Bill of Rights.

The motion was agreed to and the
Convention went into Committee of
the Whole, with Mr. Griggs in the
Chair.

The CHAIRMAN. Gentlemen of
the Committee, we now have under
consideration the amendment offered
by the gentleman from Nemaha,
(Mr. Thomas) to Sec. S. as follows:

"Provided, that the Legislature
may provide for the trial of criminal
offences in any or all cases without
the intervention of a grand jury."

340

GRAND JURY SYSTEM

WAKELEY-LAKE

Mr. WAKELEY. Mr. Chairman, I
will read for information, a section
which I will propose as a substitute
for section 8. and I shall move to
amend the amendment of the gentle-
man from Nemaha, by striking out
section S, and insert as follows:

"No person shall be held to an-
swer for capital or otherwise infa-
mous crime unless on a presentment
or indictment by a grand jury, or in-
formation by a public prosecutor, ex-
cept in cases arising in the army and
navy or militia when in actual ser-
vice in time of war or public danger,
and provision should be made by law
for the empannelling of grand juries
whenever the respective courts or
judges thereof shall order."

Mr. WAKELEY. Mr. Chairman, I
have used the language employed in
the Constitution of the United States
relating to criminal and infamous of-
fences.

The Secretary read the amend- ,
ment. !

Mr. WAKELEY. Mr. Chairman, I
have but a few words to say in sup- :
port of the amendment, and I don't
care to renew the discussion which
was had the other day, upon the ex-
pediency of abolishing the grand
juries. I have understood, from the
tenor of the remarks of the gentle-
men who thought ii advisable to dis-
pense with grand juries that thsy
were in favor of leaving the matter
with the Legislature, and let that
body try the experiment of doing
away with grand juries but with
power to restore the system if it was
tliought best. I think this provision
meets the views of those desirous of
leaving the matter with the Legisla-
ture and yet leaves it so that when

the judges of the court deem it nec-
essary, they may empannel a grand
jury. I speak for one of those who
have doubted the wisdom of abolish-
ing the grand jury, but I say if the
Legislature deem it proper to dis-
pense with the grand jury, I don't see
that any particular harm can be done.
I don't wish to be bigoted or captious
with reference to any views that I
may have. I would like to hear from
the gentlemen who have advocated
the other side of the question and
to know if this will not be satisfac-
tory.

Mr. THOMAS. Mr. Chairman, I
woul'I like to have the &min'jlinent
load again.

The Secretary reads the amend-
ment.

Mr. LAKE. Mr. Chairman. If I un-
derstand the proposed substitute it is
all — so far as I am concerned, as one
of the members of the Convention
favoring the dispensing of grand
juries — it is all I ask. It does
however, go farther than the
proposition of the gentleman from
Nemaha (Mr. Thomas.) It provides,
in case grand juries are dispensed
with that prosecutions shall be con-
ducted as they are now conducted in
Michigan. We have the assurance of
the Chief Justice of Michigan that
that system has been adopted 12
years ago and gives general satis-
faction. It is now seldom that a
grand jury is empanneled in Michi-
gan. I am anxious that this safe
guard shall be thrown around the
Legislature. Believing that this sub-
stitute secures substantially that
which we were asking, I am willing

GRAND JURY SYSTEM

34rl

Thursday]

■ THOMAS— ESTABROOK

[July 13

to accept it, I see no covert object,
here it reads, as follows:

"No person shall be held to an-
swer for a capital or otherwise in-
famous crime unless on a present-
ment or indictment by a grand jury,
or information by a public prosecu-
tor, except in cases arising in the
army and navy or militia when in
actual service in time of war or pub-
lic danger, and provision shall be
made by law for the empannelling of
grand juries whenever the respective
courts or judges thereof, shall order."

This seems to confer upon the Leg-
islature the right and authority to
say that a person may be prosecuted
by information — it seems to be by
indictment or information by a pub-
lic prosecutor, except in certain cases.
I am desirous of seeing this reform
practiced in Nebraska. I trust this
amendment will commend itself to
the gentlemen who have acted with
me and the gentleman from Nemaha
(Mr. Thomas) on this question.

Mr. THOMAS. Mr. Chairman, I
am perfectly willing to accept this
substitute, that is just what we want-
ed. I am not in favor of doing away
entirely with this system, but of leav-
ing it to the Legislature. I will with-
draw my amendment and support
this substitute.

Mr. ESTABROOK. Mr. Chairman,
1 object to the substitute. In the first
place it recognizes capital punish-
ment, I am opposed to that and
hope we will abolish it. There is one
phrase that I cannot understand why
it is here, and if there is any gentle-
man here that can see its propriety
here he must be able to understand
the language better than I, and that
is "otherwise infamous crime." That
appears to be drawn from the an-

cient laws where I believe it meant
taint of blood and a forfeiture of
goods and other chattels, but, sir, we
know no such thing in this country,
and I hope we will take this one ad-
ditional band off of our heads and let
our brains work a little more free. I
move to amend by striking out the
words "otherwise infamous crime."

Mr. STRICKLAND. Mr Chairman-,
I do not intend to occupy much of the
time of this Committeee today. I am
willing the matter should be acted
upon by the Committee and indeed
the amendments substantially leaving
to the courts the authority on proper
occasions to call a grand jury and al-
so delegating authority to the Legis-
lature in the premises is a great im-
provement upon the old system, but
I am directly and absolutely opposed
to the whole grand jury system and
I will be until the last day of this
Convention for good and sufficient
reasons which with those I have pre-
sented heretofore I shall continue to
present until the subject matter is
dispensed with. Among other things
of great importance for the consider-
ation— not the least is the question
of expenditure. The grand juVy sys-
tem is one of the most expensive of
any or all of the expenses attached
to the machinery of the judiciary of
the state. I assert what I stated be-
fore that I believe it will constitute
one third of the entire expense of
our courts. I mention this in order
to show the enormous expense at-
tending a most useless and worthless
system. There are other and greater
reasons for the entire abolition of
the whole system — I was struck forc-
ibly with the remark of my colleague.

342

GRAND JURY SYSTEM

STRICKLAND

[July i:{

Judge Lake, that the advocates of the
system failed to produce any special
reasons or good arguments for its re-
tention except it was a time honored
institution. It is well enough to re-
mind gentlemen that the royalty of
Kings and their divine right to rule
for hundreds of years were recogniz-
ed as time honored institutions. The
grand jury system has been dragged
along for many hundred years,
through ages of progression with oth-
er things, a dead corpse as antiquated
as the Egyptian mummies without
any reasons for its retention. It is in
vain that we hunt for its origin. I
have waded through the leaves of
many a musty book and have solicit-
ed information from many of my
more learned brethren in the law all
to no purpose. The gentleman from
Otoe in his remarks on this question
presented some reasons in favor of
the grand jury system which I pro-
pose to notice. One was that 16 men
were better to present a man on in-
dictment than one man, but in his
speech here to-day on the question of
school funds he argues that one man
was better than 16 or 100 — to use a
homely phrase "what is sauce for the
Goose is sauce for the Gander." If
one man is better In the last case
he is better in the first. The grand
jury sits in secret conclave and as I
said the other day and as will be seen
by the statutes hears but one side of
the testimony in the case and each
honest grand juryman acting under
his cons(?ientious convictions is com-
pelled to find in many cases upon
ex parte testimony an indictment.
When in many cases if the examina-
tion was public and the accused had

the opportunity of facing his accuser
he could explain away the last shad-
ow of suspicion against his good rep-
uation. I exceedingly regret that the
gentleman from Otoe did what I never
yet found it necessary to do in a delib-
erative body, descended to personali-
ties in which he said the gentleman
may be in the situation of the boy
who got bitten by a dog and ever af-
terwards hated the dog. I will say iii
answer to the gentleman that if T
should see an old dog lying around
loose without an owner no one know-
ing from whence he came, cross and
snarling, exhibiting signs of hydro-
phobia and he had bitten my neighbor
or my neighbor's children, and threat-
ened to bite my child in his paroxysms
of madness I would find a double
barrelled shot-gun and go hunting for
that dog. A grand jury sitting in
secrecy with closed doors acting in
the dark upon ex parte testimony — •
acting indiscriminately upon the lib-
erties of our citizens is far more dan-
gerous to honest character than the
bite of a rabid dog. If a high official
were accused of malfeasance in
office or a high judicial officer accused
of trading and bartering judicial de-
cisions as merchandise or accused of
purloining county bonds, or any per-
son accused of horse stealing, it
would not be necessary for the in-
tervention of a grand jury to bring
parties to a proper trial. Informa-
tion and prosecution before a traverse
jury would be sufficient. How is it
possible that a grand jury can arrive
at a reasonable certainty of guilt or
innocence when by law they can and
do only examine one side of the case?
Perhaps those that know the most

GRAND JURY SYSTEM

343

STRICKLAND

[July 13

about the case before them are not
summoned and yet the honest intel-
ligent grand juror has to act under
the ban of the law. Having heard
but the one side, the accusation. It
will not do to say that timid wit-
nesses may go before a grand jury for
purposes of securing justice to the
state in the punishment of criminals,
for the fact is the grand jury is only
an accusatory body and the same
witnesses if conviction is had and
public justice attained have to appear
before a court and traverse jury ex-
posed to the severest criticism by
way of cross examination, meeting
face to face in open day light the
accused. Can any grand jury how-
ever intelligent and honest arrive at
a just conclusion when by law they
can hear only one side and that in
seci'ecy — what offence known to the
laws of the land is there in free and
enlightened Nebraska that a grand
jury could bring to light, that an up-
right and able prosecutor would not?
Would a conscientious and learned
prosecutor relying upon the justice of
his motives be liable to prosecute
frivolous cases or omit to pursue
with the vigor of the law the offend-
ing and the guilty? Why entail upon
the state government the unnecessary
expenses of two prosecutions when
one will answer the purpose of jus-
tice and punishment of crimes.
Better get rid of the barbarous and
anti-republican system at once and
rid the tax payers of its enormous
expenses. It is usele'ss for the stick-
lers for this system to urge its age as
a reason for its continuance without
exhibiting some other and more prac-
tical reasons why it should be retain-

ed. The reasons given by the friends
of grand juries are about as sensible
as in a given case in point. A certain
young General in old England who
afterwards acquired a world wide
fame, having been appointed to the
command of a post, being a practical
utilitarian looked about over his
new command and the surroundings
and found that after the necessary
guards had been detailed each day
for service, a guard pacing to and fro
in front of a fence. On inquiry of the
Adjutant of the post he was unable
to find the object or use of said guard.
Upon pursuing his inquiry further it
was found that the guard had been
placed in front of the fence twenty-
six years before at which time the
fence had been newly painted to keep
persons off and preserve the paint.
The order creating such guard was
limited to five days. The officer whose
business it was to discontinue said
guard had neglected his duty. So
through the many ages of civilization,
progression and reform no one know-
ing for what a grand jury was insti-
tuted or able to assign any good reas-
on for its continuance we have neg-
lected our duty and continued them
without knowing why.

After a fruitless search to find
where the grand jury was first inaug-
urated, I have given up in despair,
but I will take occasion to quote from
an author well known throughout
this continent giving his description
of what was anciently a species of
grand juries and their workings, I al-
lude to Mark Twain in his "Innocents
Abroad." He is describing the Doges
of Venice and their manner of visit-
ing punishment upon political offend-

344

GRAND JURY SYSTEM

Thurstlayl

(Jul}- 13

ers by marching them over the
"Bridge of Sighs." He says, "At the
head of the giant staircase where
Marino Faliero was beheaded and
where the Doges v/ere crowned in an-
cient times two small slits in the stone
were pointed out, two harmless insig-
nificant orifices that would never at-
tract a stranger's attention. Yet those
were the terrible Lion's Mouths, these
were the throats down which went
the anonymous accusations thrust in
secretly at dead of night by an enemy
that doomed many an innocent man
to walk the "Bridge of Sighs" and
descend into the dungeon which
none entered and hoped to seethcsun
again. This was in the old days
wiien the politicians alone governed
Venice. There were one thousand
five hundred patricans — From these
three hundred Senators were chosen
— From the Senators a Doge and a
Council of ten were selected and by a
secret ballot the ten chose from their
own number a council of three. All
these were government spies. Men
spoke in whispers in Venice and no
man trusted his neighbor — not always
his own brother. The members of that
dread tribunal met at night in a
chamber by themselves. It was their
duty to judge heinous political crimes
— a nod to the executioner was suf-
ficient— the doomed man was march-
ed down the hall and out at a door
way into the covered Bridge of Sighs,
through it and into the dungeon and
unto his death. If a man had an ene-
my in those old days the cleverest
thing he could do was to slip a note
for the Council of three into the
Lion's mouth saying this man is plot-
ting against the government. If the

awful Three found no proof ten to one
they would drown him anyhow be-
cause he was a deep rascal since his
plots were unsolvable. This is the
kind of grand jury they had in those
days. We can liken it unto the secret
inquisition and persecution of to-day
by our grand jury.

Mr. MASON. Mr. Chairman, since
this discussion opened I have, so far
as I could, made inquiry as to the
practical results, where the grand
jury system has been in part abro-
gated. I invited a personal acquain-
tance to write me as to the practical
workings of the system in his state,
and I read his letter in part.

"We did not entirely abolish the
grand jury system in this state
(Michigan), but allow one to be sum-
moned at any time when deemed nec-
essary by the judge and prosecuting
attorney. When one is called the
party can only be put upon the trial
upon information filed by the prose-
cuting attorney and which must be
passed upon before a magistrate and
held to trial by him. The general
sentiment, in which I concur, is that
grand juries except in very peculiar
cases have become unnecessary, it is
very rare indeed that one is summon-
ed in this state."

This is all upon that subject, it is
signed by T. M. Cooley, Michigan.

This information together with
other information has induced me to
favor the amendment offered by
.Judge Wakeley. I am not one of
those, sir, who are disposed to fly
from the evils we have, to those we
know not of ordinarily, and, sir, I re-
gret that in my discussions in this
Convention, no gentleman should
have seen fit to apply any dreamy
reminiscence to himself, certainly I
shot no arrows at anyone personal-

'INFAMOUS CRIMES"

345

Thursday]

MASON— THOMAS— WAKELEY

[July 13

ly, but if the bird was liit it was not
in my thought, and with this I am
content to adopt the amendment here
presented. I see no necessity for re-
taining the words "infamous crimes."
I thinli the gentleman was correct in
defining infamous crimes, any offense
that worlis a forfeiture of goods,
chattels and corruption of blood. I
deem it but just to say to this Con-
vention that while my views have
been modified by the suggestions
from my friends on the other side,
and the arguments offered, I did
liear some arguments that convinced
think ours was at that time. Bui with
me that the other side v/as not quite
as barren as some of the opposition
me one year's practice is worth all
the theories in the world. And what
had more weight in convincing my
judgment or leading me to deviate
from the course I had thus marked
out was the communication I have
read, together with one or two others
which I have received from other
sources. And hence I am content
with this amendment.

Mr. THOMAS. I would like to ask
the gentleman from Douglas (Mr.
Estabrook) what his amendment was.

The CHAIRMAN. It was to strike
out the words "or otherwise infa-
mous crimes".

Mr. THOMAS. Mr. Chairman; I
have drawn an amendment, corres-
ponding with the section we have
now, changing it only as proposed by
Judge Wakeley. It reads:

"No person shall be held to answer
for criminal offense, except in cases
in which the punishment is by fine or
imprisonment or otherwise than in
the penitentiary, in cases of impeach-
ment, and in cases arising in the

army and navy or in the militia, when
in actual service in time of war or
public danger, unless on a present-
ment or indictment of a grand jury,
or information of a public prosecutor.
And provisions shall be made by law
for the empanelling of grand juries
whenever the respective courts or the
judge thereof shall order."

Mr. WAKELEY. Mr. Chairman, I
have no objection to the change sug-
gested by the gentleman from Nema-
ha. If he will offer that as a substi-
tute to the section, I will withdraw
mine.

The substitute of Mr. Thomas was
agreed to.

The Secretary read section nine, as
follows:

^ 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 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 speedy public trial by
an impartial jury of the county or
district in which the offence is alleg-
ed to have been committed.

Mr. ESTABROOK. I move its adop-
tion, sir.

Motion agreed to.

The Secretary then read section
ten, as follows:

•T 10. No person shall be compelled
in any criminal case to give evidence
against himself, or be twice put in
jeopardy for the same offence.

Mr. MAJORS. I move its adoption.

The motion was agreed to.

The Secretary read section eleven,
as follows:

Til. All penalties shall be propor-
tioned to the natijre of the offense;
and no conviction shall work corrup-
tion of blood or forfeiture of estato:
nor shall any person be transported

346

PRIVATE PROPERTY— C( ) MPENSATION

MAJORS— WAKELEY— THOMAS

out of the State for any offense com-
mitted within the same, nor shall
cruel and unusual punishment be in-
flicted.

Mr STRICKLAND. I move its adop-
tion.

The motion was agreed to.

The Secretary read section twelve,
as follows:

^12. No person shall be imprison-
ed for debt, arising out of. or founded
on a contract express or implied ex-
cept in cases where thsre is strong
presumption of fraud.

Mr. MAJORS. I move its adoption.

The motion was agreed to.

The Secretary read section
thirteen, as follows:

^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.

Mr. MASON. I desire to amend so
as to require, in every instance, that
the actual value of the property shpll
be paid for in money without any de-
ductions for supposed benefits.

Mr. WAKELEY. I v/ould like to
say a word upon the subject. I un-
derstand that to be an unquestionable
rule of the law at this time. I believe
it to be well settled by the courts in
construing precisely such provisions
as this, that no supposed benefits can
be offset against the value of lands
taken. And I do not believe the pro-
vision to be necessary. It seems to
nie to be rather admitted that with-
out such a provision the contrary
rule might be adopted. If I can be
satisfied of its necessity I will support

it.

Mr. MASON. I apprehend that the-
rule of law will be found to be that
where property is taken the party de-
rives peculiar benefit owing to the in-
provement for which it is taken, over
and above that which immediate
owners or parties do derive — that in
that instance the peculiar benefit may
be offset against the damages, r
move to insert "previously paid in
money" after the word "compensa-
tion," where it first occurs.

Mr. THOMAS. I think there are-
two questions here. One whether it
be paid partly in money or in benefits.
And the other is whether it shall be-
paid before the property is takon
or damaged. I like the 19th section,.
Article I in the Ohio Constitution,
which reads as follows:

Private property shall ever be held
inviolate, but subservient to the pub-
lic welfare. When taken in time of
war or other public exigency, imper-
atively requiring its immediate seiz-
ure, or for the purpose of making-
or repairing roads, which shall be
open to the public without charge, a
compensation shall be made to the
owner in money, and in all other
cases where private property shall be
taken for public use, a compensation
therefor shall be first made in
money: and such compens;'.tion shall
be assessed by a jur.v without deduc-
tion for benefits to any property of
the owner.

Now I desire to see this amend-
ment introduced, so that the posses-
sion shall be first paid or first secur-
ed: and' then that it be secured in
money and not in benefits.

Mr. LAKE. It seems to me that the-
entire section will have to be changed
in order that great mischief may not
accrue. The section under consider-

EMINENT DOMAIN— COMPENSATION

Thursday]

LAKE-THOMAS-MASON

[July IS

ation, with the amendment proposed
In- the gentleman from Otoe, without
any other change, would require com-
pensation in all cases before private
property could be taken. Now, there
are many cases that could be con-
ceived of where private property
ought to be taken. For instance, in
the making of a highway, or the
building of a bridge. For the pur-
pose of securing these repairs before
the money can be raised by taxation
or some other mode — in all such
cases public officers ought to have the
right to take private property tor
such uses. If a just compensation in
money. In these cases, is secured for
the property, that ought to be suf-
ficient. The entire section ought to
be modified so that private property
can be taken by public officers in cer-
tain cases without compensation first
being made. I see no objection to
the clause being_ amended so that in
certain cases this can be done. In
all cases where it can be done —
where the owner can be ascertained,
etc., I am in favor of compensation
being first made where it can be
done without great embarrassment to
the public. I am opposed to modifying
this section with the understanding
that no other amendment is to be
made and that it is to be applied to
all cases. In this new country, it fre-
quently occurs that roads are to be
opened for public travel, before the
money can be raised by the ordinary
modes of taxation. Now where the en-
tire public faith is pledged for the
payment of a just compensation, is it
a great hardship for the owner of
property taken to wait until he is paid
in the way laid down by law? I can

see many cases where this would
work great injury to the public, with
no great advantage to the owner of
the property. I am in favor of this
principle being applied to Railroad
companies, where the land of individ-
uals is taken for railroad purposes.
Individuals compose the company and
they should be prepared to pay
money in such cases. Where the
property of individuals is taken for
their benefit, I believe that the prin-
ciple should be applied, but where
the public is under the necessity of
using private property — it may be
stone for bridges, abutments, etc.,
timber and the like it may take pri-
vate property without first paying
therefor.

Mr. THOMAS. Mr. Chairman, I
agree entirely with the gentleman
who has just spoken. It did not oc-
cur to me at the time I drew up the
amendment. Where the public faith
is pledged, I think it would be all
that is necessary. I propose to substi-
tute the corresponding section in the
Ohio Constitution for our section.

Mr. MASON. Mr. Chairman, I
move to strike out the section now
under consideration and substitute
section 19 in the Bill of Rights of the
Ohio Constitution, as follows:

"Private property shall ever be
held inviolate, but subservient to the
public welfare. When taken in time of
war or other public exigency, impera-
tively requiring its immediate seiz-
ure, or for the purpose of making or
repairing roads, which shall be open
to the public without charge, a com-
pensation shall be made to the owner,
in money and in all other cases where
private property shall be taken for
public use a compensation therefor
shall be first made in money, or first
secured by a deposit of money; and

348

EMINENT DOMAIN— COMPENSATION

WAKELEY— ESTABROOK

[July 13

such compensation shall be assessed
by a jury, without deduction for
benefit to any property of the owner."

Mr. WAKELEY. Mr. Chairman,
while I don't disagree materially with
the gentleman with regard to the
general structure of this section, I
don't like the Ohio provision just
read. It seems to me it is long and
cumbersome. I think it is defective
too, for instance, it does not include
the word "damaged." Their Constitu-
tion provided simply, that private
property shall not be taken for pub-
lic use without just compensation.
That is the provision of the section
just read, then again the Ohio section
does not include the last provision
of this section, to-wit:

"The fee of land taken for railroad
tracks, without consent of the owners
thereof, shall remain in such owners
subject to the use for which it was
taken."

I regard this a very valuable pro-
vision and it is not found in the cor-
responding section of the Ohio Bill of
Rights. It seems to me this section
should be re-committed to the Com-
mittee on Bill of Rights. I will make
that motion, at the proper time.

Mr. MASON. Mr. Chairman, I with-
draw my motion.

Mr. ESTABROOK. I think the
proper course is this: that this
•section (13) be reported to the house
with the recommendation that it be
referred to the Committee on Bill of
Rights, and make a motion to that ef-
fect.

The motion was agreed to.
The CHAIRMAN. The Secretary
"will read section fourteen.

The Secretary reads as follows:

«: 14. No e.\ post facto law, or law

1 impairing the obligation of contracts,
j or making any irrevocable grant of
i special privileges or immunities, shall
be passed."

Mr. SCOFIELD. Mr. Chairman
I move the section be adopted.
Motion agreed to.
The CHAIRMAN. The Secretary
will read section 15.
' The Secretary read as follows:

"^ 15. The military shall be in
j strict subordination to the civil pow-
er."

i The CHAIRMAN. No objections
being heard, the section will be con-
[ sidered adopted. The Secretary will
read section 16.

The Secretary read as follows:
^ IG. 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 pre-
scribed by law.

The CHAIRMAN. No objections be-
ing heard the section will be consid-
ered adopted.

The Secretary will read section 17.
The Secretary read as follows:

f[ 17. The people have a right to as-
semble in a peaceable manner to con-
sult for the common good, to make
known their opinions to their repre-
sentatives, and to apply for redress
of grievances.

The CHAIRMAN. No objections be-
ing heard, the section will be consid-
ered adopted.

The Secretary will read section 18.

The Secretary read as follows:

f 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.

Mr. HASCALL. Mr. Chairman, I
move to amend by adding "but laws
may be made to ascertain by proper
proofs the citizens who are entitled

KEGISTRATION OF VOTERS

349

Thursday]

WAKELEY— HASCALL— LAKE

(July 13

to the right of suffrage."

Mr. PHILPOTT. Mr. Chairman, I
wish to amend the section by substi-
tuting the words "the elective" for
the word "his."

The amendment of the gentleman
from Lancaster (Mr. Philpott) was
agreed to.

Mr. ESTABROOK. Mr. Chairman, I
would like to inquire what is meant
by the words "all elections shall be
free."

Mr. WAKELEY. I understand
that to mean that no voter shall be
intimidated, but shall be allowed to
exercise free choice as to who he
votes for.

Mr. LAKE. I suppose it means that
there shall be no charge made, but
a man shall be allowed to vote with-
out it costing him anything.

Mr. WAKELEY. I would inquire of
my colleague (Mr. Hascall.) what he
means is the necessity for offering
such a qualification to the section.
Does he conceive that the registra-
tion law is not complete. It seems to
me that the law as it is is just right,
and I cannot see any necessity for ad-
ding to it.

Mr. HASCALL. Mr. Chairman, in
answer to the gentleman I will state
that I am satisfied that the gentle-
man himself would say, if this sec-
tion was passed as it is, that no reg-
istration could be had. One reason is
this that in another bill we will deter-
mine who are to exercise this elective
franchise. I have heard men say that
the registration laws are hindrances
to the free exercise of this right,
and if this section was placed in the
Constitution as the supreme law of
the land no registration could be

made. I am in favor of a proper reg-
istration law, and this amendment
leaves it to the Legislature to deter-
mine. It is necessary that this
should be put in here that they may
be taken together.

Mr. LAKE. Mr. Chairman, I am as
heartily in favor of wholesome regis-
tration laws as any individual of this
Convention can possibly be. I be-
lieve with my colleague that a better
registration law could be enacted
than the one we have that would
not permit a man to be cheated out
of his vote, but I do not agree with
him that this section would preclude
the passage of wholesome registra-
tion laws. It says that the elective
franchise shall be free and without
hindrance, but certainly the Legisla-
ture would have the right to deter-
mine who are qualified voters, and
they would have the right to adopt
any reasonable mode to ascertain
that, and lay down some rules by
which the ofiBcers of the election shall
be governed. You might as well say
that a man should not be challenged
on election day, or sworn to his
qualifications to vote.

Mr. HASCALL. I have concluded it
isbetter to put this in as an independ-
ant section and not encumber the Bill
of Rights with it, so I will withdraw
my amendment.

The CHAIRMAN. The question is
on the adoption of section as amend-
ed.

The eighteenth section was adopt-
ed.

The Secretary read section nine-
teen as follows:

^19. Treason against the state
shall consist only in levying war

350

BILL OF RIGHTS

Thursday 1

MYERS— STRICKLAND

[July 13

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.

The section was adopted.

The Secretary read the next section
as follows:

^ 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.

The section was adopted.

The Secretary read the next sec-
tion as follows;

^ 21. The privilege of the debtor to
enjoy the 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 liability.

The section was adopted.

The Secretary read the next sec-
tion as follows:

^ 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.

The section was adopted.

The Secretary read the next sec-
tion as follows:

^2 3. Every person ought to find a
certain remedy in the laws for all in-
juries and wrongs which he may re-
ceive in his person, property or repu-
tation; he ought to obtain, by law,
right and justice freely and without
being obliged to purchase it, com-
pletely and without denial, promptly
and without delay.

The section was adopted.

Mr. MYERS. Mr. Chairman, I move
to strike the words "ought to" and
insert "shall."

Mr. MAXDERSOX. Mr. Chairman,
I called the attention of the chairman
of the Committee on Bill of Rights to
the provision of the Ohio section; I
understand it meets his approval.

"All courts shall be open and every
person for an injury done him in
his land, goods, person or reputation,
shall have remedy by court of law,
and justice administered without de-
nial or delay."

I move that be substituted for sec-
tion twenty three.

Mr. MYERS. I withdraw my
amendment.

The substitute was agreed to.

The Secretary read the next sec-
tion as follows:

fl 24. A frequent recurrence to the
funilametital nrininpies of civil gov-
ernment is absolutely necessary to
preserve the blessings of liberty.

The section was adopted.

The Secretary read the next sec-
tion as follows:

fl 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, be-
ing one of these departments, shall
exercise any power properly belong-
ing to either of the others, except as
hereinbefore expressly directed or
permitted.

The section was adopted.

The Secretary read the next sec-
tion as follows:

2(5. 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. STRICKLAXD. I would ask
that we now consider the preamble.

PREAMBLE— BILL OF RIGHTS

351

STRICKLAND— HASCALL— GRAY

[July H

The Secretary read the preamble
as follows:

The Constitution of the State of Xe-
raska.

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
for a blessing upon our endeavors to
secure and transmit the same unim-
paired to succeeding generations — in
order to form a more perfect govern-
ment, establish justice, insure domes-
tic tranquility, provide for the com-
mon defense, promote the general
welfare, and secure the blessings of
liberty to ourselves and posterity, do
ordain and establish this constitution
for the state of Nebraska.

Mr. STRICKLAND. I move its
adoption.

The motion was agreed to.

Mr. MYERS. I move that the
Committee now rise, report progress
and ask leave to sit again.

Mr. HASCALL. I move to amend
by inserting "and recommend the
adoption of the amendments, and
that section thirteen be re-referred to
the Committee on Bill of Rights."

Mr. MYERS. I accept the amend-
ment.

The motion was agreed to.

Mr. GRIGGS. Mr. President, the
Committee has had under considera-
tion the Article entitled "Bill of
Rights" and have directed me to re-
port progress and ask leave to sit
again, and recommend that section
thirteen of the report be referred to
the Committee for further considera-
tion.

The report was adopted NEM.
CON.

Adjournment.

Mr. CASSELL. I move to adjourn.

The motion was agreed to, and the
Convention (at five o'clock and
thirty minutes) adjourned.

NINETEENTH DAY. •

Friday, July 14, 1871.
The Convention met at nine
o'clock a. m. and was called to order
by the President.

Prayer.

Prayer was offered by the Rev. Mr.
Merrill of Nebraska City, as follows:

Our Heavenly Father, Great Ruler
of nations, we ask thy blessing upon
this assembled body to-day. Guide
them in all their deliberations that
the great ends of justice and right
may be answered, in all that they
do. May Thy blessing attend them
and Thy smile rest upon them, for
Christ's sake. Amen.

Reading of the Journal.

The Journal of the preceding day
was read by the Secretary and ap-
proved.

Mr. GRAY. At the request of the
Chairman of the Committee on Inter-
nal Improvements, I beg leave to
make the following report.

Mr. President:

Your Committee on Internal Im-
provements beg leave to submit the
following report and ask that the
same be made a part of the Legisla-
tive Article to-wit:

In Section 4S of said Article add
the following: "and shall enact such
laws as may be necessary to facilitate
the construction of Bridges." And to
Section 4 9 of said Article add the
following: "And may provide for
draining wet or overflowed lands, giv-
ing the County Commissioners of any
county authority to construct ditches

352

SCHOOL FUND— WOMAN SUFFRAGE

LAKE— MASON— CURTIS

and drains for that purpose, and levy
and collect taxes upon the lands to be
benefited by such drainage to pay
the expense of constructing and
keeping in repair such ditches and
drains.

JACOB SHAFF,

Chairman.

The PRESIDENT. The question is
that the rules be suspended and that
this report be referred to the Com-
mittee of the Whole to be considered
in connection with the Legislative
Article.

The motion was agreed to.

Judiciary.

Mr. LAKE. Mr. President. The
Committee on Judiciary and Judicial
Districts beg leave to report the fol-
lowing Article, and recommend its
adoption.

(Report Missing Here.)

The PRESIDENT. Unless some
gentleman objects it will be read the
first time and second time by its
title, 150 copies ordered printed, and
referred to the Committee of the
Whole.

No objection being made it was so
ordered.

School Fund.

Mr. MASON. Mr. President. I am
instructed by the Committee on Ju-
diciary to report the following, in
respect to the inquiry referred to
them by the Committee on Schools:

Your Committee are of the opin- i
ion that the State is bound to restore '
to the school fund all losses which
that fund has, or shall hereafter sus-
tain while the present Constitution
remains in force.

The State in its corporate capacity
receives the school monies arising
from the school lands and is made

a trustee for that fund and charged
with the duty of preserving the same
inviolate and undiminished.

The State undertakes to adminis-
ter the trust confined to it by the
Constitution and in the manner re-
quired by that instrument.

The Constitution requires that the
principal of all funds, arising from
the sale or other disposition of lands
or other property granted or entrust-
ed to the State for educational and
religious purposes, shall forever be
preserved inviolate and undiminish-
ed. The funds named in the resolu-
tion were entrusted to the State for
school purposes and the State is
bound to preserve the same inviolate
and undiminished ty the express
language of the Constitution. If the
State in the administration of this
trust employs imp evident or cor-
rupt agent, or ofiiceis and the fund
is lost or diminished, the State
ought to make good such loss or
diminution.

O. P. MASON,
By Instruction of Committee.

Resolution.

Mr. CURTIS. Mr. President, I de-
sire to offer a resolution:

The Secretary read the resolution
as follows:

That the question of female suf-
frage in this state shall be decided by
the females alone; and the right of
females to vote in this state shall be
submitted to them as a separate pro-
position by the county commissioners
in each county in the state by ap-
pointing registrars in each precinct
and ward whose duty it shall be to
visit each family in their precinct or
ward, and register the name and vote
of each female member thereof on
the proposition of female suffrage,
and that each female shall have the
privilege of registering and voting
under the same restrictions as the
male voters and said registrars shall
take and make returns of said vote
under oath, on or before the last day
of November next to the county

WOMAN SUFFRAGE

353

Friday 1

PHILPOTT—TOWLE— MASON

[July 14

clerks of their counties and said
county clerks shall make returns of
said votes to the Secretary of State
at the time and in the manner of
making the returns of the vote
on the Constitution. If it shall ap-
pear that a majority of the female
voters have voted for female suffrage
the proposition shall be a portion of
the Constitution of this State.

Mr. PHILPOTT. Mr. President: I
move that the resolution be referred
to a special committee of which Mr.
Estabrook may be chairman.

Mr. GRIGGS. Mr. President: I
move to amend by referring to the
Standing Committee on Rights of
Suffrage.

Mr. WAKELEY. And I move to
amend by referring it to the Com-
mittee of the Whole.

Mr. TOWLE. I move that further
consideration of the resolution be In-
definitely postponed.

The ayes and nays were demand-
ed.

Mr. MYERS'. I believe I understand
this for myself, that it is to be a test
vote.

The PRESIDENT. I do not know
what it is to be. It is a vote. The
question Is upon the Indefinite post-
ponement.

The Secretary again read the reso-
lution.

Mr. McCANN. Mr. President: I
move a call of the house.

The Secretary called the roll.

Mr. McCANN. I move that the sar-
geant-at-arms be sent for Messrs.
Estabrook and Robinson.

Mr. TOWLE. I move that the fur-
ther business under call of the House
be dispensed with.

The House divided, when there ap-

peared 2 3 in the affirmative and 20
against.

So the motion was agreed to.

The PRESIDENT. The further pro-
ceedings under call of the House are
dispensed with.

Mr. MASON. Mr. President: By
leave of the Convention, I desire to
make a few remarks. I sincerely hope
the Convention will not indefinitely
postpone this question; for I believe
in giving every gentleman a chance
to be heard upon so important a ques-
tion as this. I hope it may be re-
ferred, and the resolution fairly con-
sidered.

Mr. TOWLE. In answer to the gen-
tleman—

The gentleman was called to order,
but was subsequently granted leav«
to speak.

Mr. TOWLE. In answer to the gen-
tleman from Otoe (Mr. Mason) I
would state that we have on our table
now the report of the Committee,
which will bring this whole subject
matter up; and it Is entirely im-
proper to consider a resolution upon
a subject already involved in the re-
port of the Committee.

Mr. McCANN. Mr. President: I re-
gret very much that the opponents of
this question cannot afford debate —

The gentleman was called to order
by the Convention.

The PRESIDENT. This is not the
time for debate, but if the House
grant leave to the gentleman he will
be allowed to proceed, as will any
other gentleman who desires to say
a few words.

("Leave." "Leave.")
Mr. McCANN. Mr. President: I

354

WOMAN SUFFRAGE

Friday]

WAKE LEY

[July 14

do not propose to debate. I merely
wish to say that the motion to refer
this to a committee is certainly the
most honorable way to get rid of it.
I hope the motion to indefinitely
postpone will not prevail for that very
reason. I wish the question to be
carefully considered, and all others
which affect the right of suffrage.

The PRESIDENT. The question is
upon the indefinite postponement.

Mr. WAKELEY. By leave of the
Convention, I wish to say a few
words.

("Leave." "Leave.")

1 believe it proper to raise the point
of order that a motion to indefinitely
postpone is debatable. Mr. Presi-
dent: thanking the Convention for
leave to say a few words, I do not
propose, from this incidental mo-
tion to discuss the question of female
suffrage. There is pending in some
:form, before the Convention, a propo-
.^ition to allow the women of this
•State to vote at the coming election,
when the Constitution shall be sub-
onitted, upon this question of extend-
ing the elective franchise to females.
This is but a modification of the same
proposition. This is a proposition to
take the sense or judgment of the
women of this State in respect to ex-
tending the elective franchise to
them. And, sir, in my judgment,
it is a much better and more appro-
priate method of ascertaining the
wishes of the women of this State,
than the proposition requiring them
to go to the polls and vote upon the
subject. In submitting this question
to the women of this State in a man-
ner which requires them to go to the

polls and vote for or against the pro-
position, you do but require of those
who are opposed to exercising the
elective franchise to do precisely
what they are principally against do-
ing— going to the polls in a public
manner and depositing their ballot.
Now, sir, what fairness is there to
say to the women of Nebraska, "We
submit to your judgment whether you
shall have the elective franchise or
not." And in order to get the voice
of those who are opposed to voting,
to go to the polls and exercising the
elective franchise, you require them
to do the thing they do not believe
in doing. I am for one sincerely de-
sirous of ascertaining what the
women of the State of Nebraska de-
sire in respect to exercising the elec-
tive franchise. I speak only for my-
self. I have long been committed to
this principle — that when even the
women of this land, as a general
thing, whenever a majority of the in-
telligent women of this country de-
sire to exercise the elective franchise,
are wiling to take upon themselves
that responsibility, and will say so,
so far as I am concerned, sir, they
shall have it. I will never stand
with the ballot in my hand and Say
to one half of the human race who
desire to exercise that right, that they
shall not have it. I may not consider
it a wise thing for them to do; I
may not vote — and will not — to give
the elective franchise to the women
of this State, but sir I am desirous
to give them a right to express them-
selves on this subject. In my judg-
ment, the plan proposed is a better
one than to require them to go to the
polls and vote against the exercise of

WOMAN SUFFRAGE

355

Friday)

curtis-towlp:

this franchise. I think this is an ab-
surdity in itself. If sir, the sense
of the women of Nebraska can be tak-
en in a way which will not offend
their sense of delicacy and propriety,
I will give every influence here to
afford them the opportunity. Now
sir, I hope this resolution will not be
indefinitely postponed. I hope it will
go to the Committee of the Whole.
When this question of female suffrage
comes up in the Convention, as it
will come up, and give it a fair and
impartial consideration.

Mr. CURTIS. Mr. President: I
■would like to have a word to say, if
I may be allowed.

(''Leave." "Leave.")

I ask that this resolution be re-
ferred to a proper Committee, leav-
ing it to the Convention what Com-
mittee that shall be.

The PRESIDENT. The question is
upon the Indefinite postponement.

Mr. TOWLE. Mr. President: I
withdraw my motion to postpone
■with the consent of my second.

The PRESIDENT. The question
now is upon the motion to refer the
resolution —

Mr. MASON. Mr. President: I am
requested by the mover of this resolu-
tion to say that he prefers to have
it referred to the committee of the
Whole house.

Mr. TOWLE. Mr. President: I re-
new mj' motion to indefinitely post-
pone the resolution.

The PRESIDENT. The question is
upon the motion to indifinitely post-
pone the resolution.

The yeas and nays were ordered,
and being taken, resulted — yeas 20,

naj's, 27 — as follows:

YEAS — 20.

Abbo^:.

Newsom,

Boyd.

Parchen,

Campliell,

Scofield,

Eaton,

Sprague.

Gibbs,

Stevenson

Granger,

Thummel,

Gray,

Towle,

Griggs,

Vifquain,

Hinman,

Weaver,

Myers,

NAYS— 2 7..

Ballard,

Maxwell,

Cassell,

Moore,

Curtis,

Neligh,

Estabrook,

Philpott,

Hascall, .

Price,

Kenaston,

Reynolds,

Kilburn,

Shaff.

Kirkpatrick

Spiece,

Lake,

Stewart,

Lyon,

Thomas,

McCann,

Tisdel,

Majors,

Wakeley,

Mason.

Wilson,

Manderson,

ABSENT OR NOT VOTING.

Grenell, Woolworth,

Parker, Mr. President,

Robinson,

So the motion of Mr. Towle to in-
definitely postpone the resolution of
Mr. Curtis, was not agreed to.

The PRESIDENT. The question
now is upon the motion to refer to
the Committee on Rights of Suffrage.

The Secretary will read the resolu-
tion.

The Secretary read the resolution
again.

The Convention divided and the
motion was agreed to.

Mr. CASSELL. Mr. Chairman: I
desire to offer two resolutions.

The Secretary reads the resolu-
tions as follows:

356

CONVICTS— ELIGIBILITY FOR OFFICE

Friday!

CASSELL—PARCHEN— THOMAS

[July 14

RESOLVED: That convicts shall
not be employed on work out-side the
prison walls.

RESOLVED: That it shall not be
lawful for any members of this Con-
vention to be a candidate for any of
the offices created or provided for in
this Convention, for the period of
one. year.

Mr. CASSELL. Mr. Chairman: I
desire to have the first of those res-
olutions referred to the Committee
on Reformatory Institutions.

The PRESIDENT. It will be so
referred unless some gentleman ob-
jects.

Mr. MASON. Mr. President: I
move to refer the opinion asked for
by the Committee on Education, etc.,
be referred to that Committee.

The PRESIDENT. It will be so re-
ferred unless some gentleman ob-
jects.

Mr. PARCHEN. Mr. President: I
-wish to offer a resolution.

The Secretary read the resolution
as follows:

RESOLVED: That the Constitution
of Nebraska be so construed as to
strike out the word "male" and insert
"female" in the Article on Suffrage.

Mr. PARCHEN. Mr. President: I
move to refer the resolution to a
special committee consisting of
George Francis Train and Victoria
Woodhull.

Mr. MANDERSON. Mr. President:
I move that the gentleman who
moves the reference be added to the
•ommittee.

Mr. ESTABROOK. As chairman
Of course.

Mr. MASON. Mr. President: I rise
to a point of order, I suppose it is
not in order for this Convention to
refer a motion improperly.

The PRESIDENT. I think it is out
of order.

Mr. MYERS. I move that the Presi-
dent declare the whole thing out of
order. I object to these proceedings.

The PRESIDENT. I think the
objections of the gentleman are well
taken.

Mr. HASCALL. Mr. President: I
move that it be indefinitely post-
poned!.

Mr. PARCHEN. Mr. President: I
ask leave to withdraw the resolution.

The PRESIDENT. No objection
being made leave is granted and the
resolution is withdrawn.

Section 13 of BUI of Rights.

Mr. THOMAS. Mr. President: If
there is no objection I desire to offer
a report from one of the Committees.

By request of the Chairman I will
offer the following report:

Your Committee on Bill of Rights
to whom was re-committed Section
13 of the Article entitled the Bill of
Rights would respectfully report the
following Section, the adoption of
which they recommend, in lieu of
Section 13, originally reported.

The Secretary read the report as
follows:

Private property shall ever be held
inviolate, but subservient to the pub-
lic welfare. When taken or damaged
for public use in time of war or
other exigency imperatively requir-
ing its immediate seizure, or for the
purpose of making or repairing roads,
which shall be opened to the public
without charge, a compensation shall
be made to the owner in money and
in all other cases a compensation
shall be first made in money, or first
secured by a deposit of money. Such
compensation shall in every case be
without deduction for the benefits to
any property owner, and when not

EMINENT DOMAIN

357

Friday]

THOMAS— MANDERSON

[July U

made by the State, shall be assessed
by a jury in such manner as shall be
prescribed by law. The fee of land
taken for railroad tracks without the
consent of the owner thereto, shall
remain in such owner subject to the
use for which it was taken.

Mr. THOMAS. Mr. President: I
move that the report be referred to
the Committee of the Whole.

The motion was agreed to.

Mr. MANDERSON. Mr. President:
I move that the Convention resolve
itself into a Committee of tiie Whole
on this report from the Committee on
Bill of Rights.

The motion was agreed to.

So the Convention in the Commit-
tee of the Whole — Mr. Griggs in the
Chair — proceeded to consider the re-
port of the Committee on Bill of
Bights.

The CHAIRMAN. The question
will be on the adoption of the sub-
stitute for section thirteen of the Bill
of Rights.

Mr. THOMAS. Mr. Chairman: I
■will state that the first part of this
section is almost a literal copy of
that in the Ohio Constitution with
the change that the money shall be
paid first where property is taken for
lor other purposes than for public
roads and we have inserted the word
damages. The latter part of the sec-
tion is copied literally from a simi-
lar section in the Illinois Constitu-
tion. I believe as it is now drawn it
embraces the opinions expressed by
the majority of the Convention.

Mr. MANDERSON. Mr. Chair-
man, I don't know that I am satis-
fied with the report of the Committee.
There is one thing that should be
considered in this report. AVhile

practicing in the State of Ohio, I had

occasion to look into the Constitution
of Ohio and examine the section re-
ferred to, where the question of dam-
ages are left out. Now this section
submitted here says "taken or dam-
aged." Let us inquire what that
word "damaged" means. Persons or
corporations taking property under
the Ohio section are compelled to
make oath that the damages shall be
paid in money without any deduction
for benefits. For instance, let us
suppose that 100 feet is taken off of a
man's property for railroad purposes,
no benefits can be deducted from
damages to the property and taken,
no matter if it increases double what
it was before it was taken, but the
decision in the courts of Ohio was
that in considering the damages of
the balance of the property, not tak-
en, the benefits may be deducted from
it.

Now suppose that a party owns a
town lot 200 feet square, on one corn-
er of that lot he has a valuable build-
ing, a private corporation in the ex-
ercise of that domain delegated to it
proposes to take a corner off his lot,
and takes the corner upon which the
building stands, it goes through his
valuable building. Now under the
law as it stands in Ohio, from the
amount of compensation that should
be paid to him for the taking of that
corner, no benefits would be deduct-
ed, but suppose he had said, you have
not only taken from me my corner,
but damaged the balance of my lot,
that is to say, you have rendered this
building uninhabitable, we shall have
to tear it down and rebuild in some
other part of the lot; well and good.

358

DAMAGES— COMPENSATION

Friday]

(July 14

but the balance of your lot is greatly
increased in value; true it is dam-
aged by the destruction of this build-
ing but the ground left you is in-
creased ten fold in, value by the lo-
cation of this railway. It seems' to
me it would be unfair to pay him
for the land taken, without deducting
for benefits he received. That has
been the rule in Ohio under their
law. If we adopt this section as it
reads it would not be the rule here.
A jury would first have to pay com-
pensation for the corner taken, his
building might be damaged to the
extent of a thousand dollars, but his
lot left might be benefited ten
thousand dollars, yet as against that
incidental damage there could be no
offset of benefits if we adopt the sec-
tion as reported. I would like to
hear from the Chairman of the Com-
mittee on Bill of Rights on that ques-
tion.

Mr. MASON. It was the purpose
and design of the committee to avoid
that very thing. The railroad com-
pany damages a man's property with-
out taking it, ought not the owner to
have his damages the same as though
they did? Under what rule should he
withold his damage because his prop-
erty was not taken and perverted,
it mav tiH as effectually de.= troycd as
though it was completely taken.
Gentlemen of the committee consider
the very case put by the gentleman
from Douglas (Mr. Manderson). A
railroad company comes through a
valuable building four hundred feet
long and may take two hundred feet
off the land and ruin the balance,
ought he not to have damages for
the ruin just as honestly and fairly

as damages for the property taken.
Wh}', the committee did consider the
fact of that particular damage, and
it was put there with the purpose and
design to give to the man whose prop-
erty is taken an honest compensation.
Let us consider this abstract question,
if Mr. A damages the property of B.
he finds a secure and perfect remedy
under the law, and Mr. A must pay
to B the full amount of damages
done. Yet if a railroad corporation
commits this damage, the gentleman
from Douglas would place over and
above the individual man, a man that
had a soul to save, or a heaven to
attain, eyes to see and ears to hear.
He would put him below the corpora-
tion that has neither and place them
above the individual. Your commit-
tee would put both on a level so far
as the question of compensation and
damages are concerned, in other
words, gentlemen of the Convention,
If I damage the property of a citizen,
they may offset supposed or imagin-
ary benefits against the damage they
commit. The individual cannot do
it, and yet it is proposed to let all cor-
porations do so. Now, Mr. Chair-
man, I for one have carefully consid-
ered the whole scope and tenor of
this phraseology and it does just
what the gentleman from Douglas
claims it does, holds the corporation
which takes property for public use,
to make actual compensation ia
money for the injury which they do
without offset against that damage,
any supposed benefits which they
confer upon the individual. Now let
us see whether this is just or not, and
eminently practical in the considera-
tion of this proposition. Here

DAMAGES— COMPENSATION

359

Friday]

[July 14

comes a railroad sweeping by tlie
border of this town, it talves a hun-
dred feet off a lot of any gentleman
of this Convention and damages, and
ruins the balance. Another gentle-
man of the Convention, if you please
myself, owns a lot adjoining which it
just misses. It is just as much bene-
fit to me as to my neighbor whose loi
is ruined, and yet you maKe the man
whose lot is ruined pay for the bene-
fits he receives and me none at all.
Is this honest? If it is, it is a school
of honesty in which I took no lessons
and which I hope I may ever be with-
held from taking lessons. The object
of this proposed amendment was to
give to the private citizen full, per-
fect and complete compensation, not
only for the property taken but for
the damage done and the injury sus-
tained to the balance of his prop-
erty. Let me put another case. A
member of this Convention who owns
a farm in the country has a valuable
stream, which to him is actually
worth for practical and stock pur-
poses more than the land itself, if he
owns the land. A railroad comes
along and runs between the spring
and his house, cutting him off from
water, the gentleman says he ought
to offset the benefits which the rail-
road confers upon him as against the
damages done to him by cutting him
off from water. Is that honest? Is
that what the Convention desires?
Ought he not to have the actual dam-
age done to the balance of his estate,
independent of any supposed benefit?
I conceive it does just what he says
it does, and I for one insist that it
is but the rule of honesty between
man and man. Suppose I commit a

trespass on my neighbor's land, and
confer upon him a great benefit
thereby. He sues me, what court
would enunciate the rule that I can
offset the benefits done him against
the actual damages? It never was
conceived until it was conceived in
the interest of consolidated and over-
riding capital, and the rule finds no.
just support in sound reason or logic.
Besides, gentlemen, this is the rule
that was established in the Constitu-
tional Convention of Illinois and they
there have had considerable experi-
ence in these matters, and it may be
that the word was inserted for this
very purpose, and I desire to call the
attention of the Convention to the
Constitution of Illinois, first to the
Article as found in the Bill of Rights
in Ohio; second the Article as found
in the Constitution of Illinois. Sec-
tion thirteen reads "Private property
shall not be taken for damage for
public, use, without just compensa-
tion." Now let us turn to the section
in Ohio "Private property shall be
held inviolate, but subservient to th&
public welfare when taken for public
use." The word "damage" being
omitted in the Constitution of Ohio.
If this Convention desires to offset
supposed benefits against actual dam-
age done, you should strike out that
word damage. If you desire to con-
tinue the unjust rule that has pre-
vailed in Ohio, against — in my opin-
ion— every sense of equity and right
and regard for private property then
the gentleman should receive the ap-
probation of this convention. If on
the contrary you desire to give to the
railroad company and to the State
the same rule of law which you

360

DAMAGES— COMPENSATION

[hold] between individual man and
man, then the Article should be adopt-
ed as it now is. Now which is right?
Let me not be misunderstood, I
would not assail a corporation or
take one dollar from it, I would give
it the same law to govern it that I
gave to the individual man. but I
would not give a single cent beyond
but put them both on the same level.
This is what your Committee had in
view, and to attain this end, this
word damage was specially inserted.
Besides it is true, that while they
were paid under the Ohio rule for
the property taken, yet for the dam-
age done to the balance they may off-
set benefits. Where is the justice in
this? Why, if an individual came
along to buy a strip of land one hun-
dred feet wide through the farm of
any member of the Convention, be-
fore you sold it you would consider
the damage done to the balance of
the estate, how much would it be
worth? When the railroad takes the
land of the individual, when they
take it by the supreme law right of
eminent domain, ought not the indi-
vidual have the same rule of damages
that he would if he sold by volun-
tary consent? Ought he not to have
the actual damages which are done
to the balance of the estate as well
as the actual cash value of the land
taken? This is my view of honesty.
This is my rule of justice between
man and man. This is the ru).e that
your Committee saw fit to adopt. And
I believe, in respect to this rule,
there was not one dissenting voice.
And I desire to meet this question
squarely, and that the Convention
may understand. If you strike out

that -word "damage," then the rule,
as laid down by the gentleman from
Douglas, may prevail — that you de-
duct the benefits made to the re-
mainder of the estate, the benefits
made to the individual by the con-
struction of the road. If you leave it
standing, then the actual damages
done to the remainder of the estate
in consideration of the benefits: and
the Convention is to say which is
the right rule to adopt. And I ought
to say, on behalf of the Committee
that we did amply consider that the
word "damage" was omitted from
the article in the Ohio Constitution.
i We turned to the Illinois Constitu-
tion; and, as an evidence of progress
we found the word "damage" was in-
serted. What for? To meet the
very evil which had existed in Ohio
and other states; and we inserted
the words "taken" and "damage"
the same as in the Illinois Constitu-
tion. And I sincerely hope the Con-
vention may concur in the views
entertained by the Committee, giv-
ing to the owner of the property the
actual cash value of the land taken,
together with the actual damage to
the remainder of the estate which is
not taken, and not allowing the
railroad company to set off any sup-
posed benefits against the damages
supposed to be done to the remainder
of the estate. I think, as the article
now reads, you leave the railroad
company and the individual whose
property is taken in precisely the
same situation that two individual
men would be after the property was
taken, holding the company to pay
the value of the property taken and
the damage done to the remainder

DAMAGES— COMPENSATION

361

[July It

Of the property without deducting
any benefits. And one case more. A
has an eighty acre tract of land. The
railroad strikes it in the north east
corner and goes out at the opposite
corner, cutting it into two parts,
leaving a right angle triangle of each
piece. They take, if you please, 160
rods through the tract, or a little
more, leaving a piece on each side.
The actual loss the owner sustains is
first the value of the land taken;
second, the damage done to the re-
maining portion of the estate. Now,
the gentleman from Douglas says he
would give to the land owner the
actual value of the land taken with-
out deducting anything for benefits,
but when he comes to consider the
damage done to the remainder he
would deduct the benefits and apply
them against damage to the remain-
der. Is that honest? According t'o
my rule of right that is no better
than legal highway robbery. If a
man builds a mill and makes a
market for my wheat, he benefits me.
Suppose the dam he constructs over-
flows, and damages my property,
whoever heard of deducting the !
benefits I derive from the erection
of the mill against the damages I
sustain from the overflow! And yet
it is to be done in behalf of a cor-
poration and not in the behalf of an
individual. And, on the same pro-
position of law, we regard the mill
as we do the railroad; and it is not
upon any well grounded principle of
exact justice as between man and
man, that this amendment is sought
to be obtained, and it was to avoid
this construction which courts have
been compelled to put upon the ar-

ticle in the Ohio Constitution that
this word "damage" was inserted. I
might stand here and illustrate the
practical workings of this thing, if
you strike out the word "damage,"
still further. But enough, it seems
to me, has been said to recommend
this to the sense and justice of the
Convention. Why, if a railroad dam-
ages your property without taking an
inch of it, and it may do it, ought it
not to pay the damage just as much
as if it took that property? And yet
in one case you deduct the benefits,
and in another you do not. Let us
hear in what book the gentleman
learned his doctrine that in the one
case the compensation should be
made, and not in the other. It cer-
tainly was not by any rule which
commends itself to my judgment.
And it was I conceive a matter
which troubled the committee some-
what to frame this article, so as to
cover the one case and the other
alike. We did frame it so that the
legal gentlemen on that committee
saw that it covered both branches of
the case. We put it in there because
we meant it should be there. It was
no accident. It was pure design,
and designed to meet equal and exact
justice between the citizen, the indi-
vidual property holder, the State,
the corporation and the counties;
and we left them standing side by
side. And the same rule applied to
the one and the other. One other
illustration: Suppose I am living on
the border, and, by the exigency of
the times, the Indians make a raid
upon me, and the colonel is compel-
led to seize my property to protect
iv,e ; and my horses are taken, and

362

DAMAGES— COMPENSATION

LAKE— M ANDERSON

(July 14

also my plow, with the furrow left
unturned, wouid you expect me to
ask damages for the protection I
secured? If you would not apply
this just rule to the State, or your
property, why do it in the other case?
But, gentlemen of the Convention, I
do not deem it necessary to go fur-
ther. Much more might be said, hut
I think the committea fully under-
stand; and I think it must commend
itself to their judgment, and indeed
has.

Mr. LAKE. Mr. Chairman, I have
a word or two to say on this question.
I understand the proposition is to
strike out the word "damage."

Mr. CHAIRMAN. There is no
such proposition offered.

Mr. MANDERSON. I merely wish
to direct the attention of the Com-
mittee in this channel. At the prop-
er time I propose, not to strike out
the word "damage,", but to add to
the section this idea — that from
property merely damaged, not taken
we direct that special benefits might
be deducted.

The CHAIRMAN. The question is
upon the adoption of the section, as
reported by the Committee on the
Bill of Rights.

Mr. MANDERSON. I propose to
insert, where the Article reads "such
compensation shall in every case."
the words "Such compensation for
property taken shall, in every ease,
be without deduction for benefits to
any property of the owner. •

Mr. LAKE. Mr. Chairman, I be-
lieve every member of this Commit-
tee is anxious to attain one end. and
the same end in this Constitutional
provision now under consideration —

that the owner of the property taken
by rail road corporations, or other-
wise, shall receive just compensa-
tion for his property, and that he-
shall be made good for all damages
he shall sustain by reason of his
property being taken for this quasi
public use. It will hardly do to say
that property taken for a railroad
track is taken for private uses. It is
true that railroad companies are
private individuals organized togeth-
er for the purpose of securing suf-
ficient capital to carry out their pro-
jects and enabling them to do what
private individuals cannot do. Now
how is it that the Legislature can
acquire the right to take the property
of private individuals for the purpose
of constructing, or enabling others to
construct railroads across the coun-
try; how is it that the Legislature
can say that a corporation may
take the property of A, B and C for
the purpose of constructing a rail
road track — how is it that the State
can exercise this right of eminent do-
main in favor of corporations? It is
by reason of the quasi public charac-
ter of these roads? The state, or the
United States may take the land be-
longing to the people for the purpose
of constructing a military road. The
State can take private property for
the purpose of building roads from
village to village, from town to
town, and from city to city, and it
is by virtue of the same principle
that railroads are constructed
throughout the country; but for this
quasi public character, railroads
would have no right to take the prop-
erty of private citizens to construct
railroads. We all agree that it is

DAMAGES— COMPENSATION

363

a great public benefit to any state
to have roads constructed within its
borders, but in this case the same
rule should obtain to-wit: a full
compensation should be given for all
land taken or damaged by reason
thereof. I don't believe any mem-
ber of this Convention desires to sub-
ject a railroad corporation, simply
because it has means, to any unnec-
essary burdens. It would be imjust
to do so. It would be unjust for the
state, or individuals to insist upon
what is unfair against railroad cor-
porations. I would throw no unnec-
essary Impediment in the way of any
enterprise they undertake. I would
not say they should pay A, B or C
more than for damages actually sus-
tained. I would give just and full
compensation for damages sustained
thereby, and nothing more. Now
what are these damages? The gen-
tleman from Otoe (Mr. Mason) has
stated them to be, first: the value of
the land taken. Upon that there will
be no dispute — the value of the land,
that is the land taken in the first in-
stance. Second: the damages to the
land adjoining which was not taken,
but j'et the corporation is to be al-
lowed nothing as an offset although
through its having taken this land, it
may have increased the value of the
portion not taken, very much. Is
that just? Why it seems to me that
the rule which has been adopted in
this State under our present Consti-
tution, is a wise and just one, to-wit:
that in addition to the value of
the land taken you must estimate
how much less valuable is the re-
maining portion of the land, of
course not taking into account those

general benefits which accrue to the
whole community, but considering
and giving credit for, any special
benefits which the owner of the land
may have received. I would not have
the railroad company benefited by
reason of any benefits which may ac-
crue to the entire community. I
would not have deducted from the
value of the land remaining, such
benefits. I have found, in practice
that in 99 cases out of 100, the value
of the land taken together with the
damages sustained to the land re-
maining, are the only questions to be
considered. So that it may be laid
down as a general rule that the dam-
age to be considered, is this: in addi-
tion to the value of the land actually
taken, you estimate how much less
the remaining portion of the land is
worth. Now if a rail road should be
run diagonally through a man's farm,
it would be first the 100 feet strip
through the land; next the value ef
the land remaining, not taking into
consideration those general benefits
which accrue to all. Would not that
be just and right? Should not the
rule be just, and bear on all alike?
I think it should and therefore I am
inclined to favor the proposition of
my colleague (Mr. Manderson). I
think it is an improvement upon the
old Section, but for myself, I would
be in favor of taking Sec. 13 of the
Illinois constitution. It attains all
that is necessary to be attained by
this section of our constitution. I
am willing to go further and include
what is desired by the gentleman
from Otoe, (Mr. Mason) that in this
class of cases, money shall first be
deposited for the benefit of the own-

364

DAMAGES— COMPENSATION

Friday]

iJuly 14

€r of the land damaged or taken.
When a man is damaged, for in-
stance, by building public roads by
reason of excavations or otherwise,
when the land is not taken, it would
be but just as between man and man,
between the State and the individual
and between the corporation and the
individual that if [there were] any
special benefits, not applicable to the
community, it would be but just and
right that these special benefits
should be taken into consideration
by the jury, in estimating the dam-
ages, if as I said before, the second
part of the damages is taken into
consideration — the loss on the re-
maining portion of the land.

The gentleman from Otoe (Mr.
Mason) has referred to a case of
trespass that I say is not in the ques-
tion at all. Who ever heard of an in-
dividual trespasser profiting by his
own wrong, or being permitted to
claim benefits? Can railroad corpor-
ations be compared to trespassers
when they go on a man's land under
the' special sanction of the law? Is
it just to compare them so? I think
not.

If a corporate body see fit in the
opening of a road to go through a
man's farm; or if, in the opening of
a street of a city It is necessary to
take a portion of a private individu-
al's property, for the public use, how
is it possible to take into account
the damages in any other way than
by deducting from the damages the
special benefits? That is the rule
laid down under our present Consti-
tution and the one under which the
gentleman from Otoe (Mr. Mason) in
his oflicial capacity is expected to act.

I am willing that so far as relates
to the taking of the property the
rule shall be applied that is contain-
ed in the provision under considera-
tion and that the damages cannot be
offset by the benefits to the land.
In that I believe we all agree, but
the kernel, the substance of the
difference between the gentleman
and myself is^ this, that where the
rule only relates to damages, the
benefits not felt by the community,
but by the individual alone, may be
taken into account by the jury in es-
timating the damages he sustains.
It seems to me no gentleman can
look at this question and take any
other ground than that he is to allow
justice to both sides, the party dam-
aged and the party benefiting, you
cannot reach a just conclusion or
estimate by looking at only one side.
All should enjoy the general bene-
fits which accrue from the building of
a railroad, such as the rise in land,
every one is entitled to in an undi-
minished and untarnished form. It
is his inalienable right which he
ought not to be deprived of, but when
this one individual who claims dam-
ages is found to have received some
mculiiir advaiiiat:.' which rhe com-
munity has not receivea, such as the
drainage of a swamp or otherwise
useless morass, why should not these
peculiar benefits be taken into ac-
count? I am anxious to arrive at
what is just and right in respect to
this provision proposed to be engraft-
ed into our Constitution, and if I
could be satisfied that the proposi-
tion was just, I would support it,
but I believe that the amendment
as proposed by my colleague (Mr.

DAMAGES— COMPENSATION

365

Friday)

MANDERSON

[July U

Manderson) is just and as it should
be, and I shall support it.

Mr. MANDERSON. Mr. Chairman,
1 wish to acknowledge the valuable
aid received by myself in the advo-
cacy of this proposed amendment by
my colleague (Mr. Lake) ; he has re-
lieved me from much difficulty and I
merely rise to reply to one or two
propositions by the gentleman from
Otoe (Mr. Mason) whom I conceive
has strangely misconceived, or who is
disposed to misrepresent the remarks
I made in introducing this amend-
ment. To a certain extent I would
place railroad corporations above the
private individual. The law does so.
To no individual does any State give
the right of eminent domain, as it
does to railroad corporations. But
when it comes to mere rights. I
would not for an instant place the
railroad corporation above tlie indi-
vidual. Let us suppose a case. A
comes to B, and says to him, "I pro-
pose to take one half of your prop-
erty," say he has two hundred feet.
He says he will place, on the one
hundred feet he takes, that which
will make it of immense value. The
whole property is now worth one
thousand dollars and the half that
B shall keep A promises to make
worth ? 10,000, by putting up a hotel
for instance, so that you can use it
for purposes that you can never use
it for as it is. Now what will A say
to him? He says "Sir, I will give
you the property if you will do as
you propose." Now it seems to me
that is rather the position of the rail-
road company that takes the land
and the individual who purchases it.
As my colleague from Douglas (Mr. ;

Lake) suggests, I do not propose that
against the land taken there should
be any deduction for benefits, but
against the damage to that that is
left, there should be deductions
for special benefits. In what school
of honesty, says the gentleman, have
I learned this thing. The school in
which I learned this thing, is the
school of Redfield, of Cooley, whom
the gentleman yesterday eulogised,
the school which is presided over
by these great intellects that have
given us their views upon the com-
mon law. It is a view of the common
law that is against these damages,
direct and special benefits should be
set off. I have here that that ex-
presses it seems to me, in words as
concise and plain as they can be ex-
pressed, the ideas suggested by the
friends of this amendment. I read
from the Chicago Tribune of June
17th, a leading editorial that In all
its spirit is directed, as are many edi-
torials of this paper against the rail-
road interest, and it gives In clear,
concise language what is the law.

"It is certainly very unjust that, if
two farms lie adjoining, and one only
of them is bisected by a railroad,
while another merely fronts on it but
has none of its land taken, the farm-
er losing his land shall be told that
his benefit offsets his damage, while
his neighbor, who keeps his whole
land, sustains equal benefit and no
damage. Therefore it is that the
rule of law which should be enforced
in all such cases is, that no benefits
shall be offset to the damage except
that which is peculiar to the person
whose land is taken, and not common
to all adjacent proprietors. The pe-
culiar, personal, and exceptional
benefits sustained only by the owner
of the land taken may be offset, but

366

DAMAGES— COMPENSATION

MANDERSON

[July 14

not the benefits accruing to him
equally with the owners of land not
taken, such as the nearness of depot,
and the general advantages of having
a road run within convenient dis-
tance for travel and transportation.
These benefits being such as the
whole community share, and have
the right to share, by virtue of the
building of the road, cannot be charg-
ed as an offset in payment to any
owner for land taken. Any lawyer,
by referring to Cooley's Constitution-
al Limitations, or Redfield on Rail-
ways, will see the soundness of this
position. This being so it could
only have been by a neglect to proper-
ly defend their rights in the courts
that the practice could have grown
up of "taking a man's property and
telling him the taking is compensa-
tion."

Let me say to the gentlemen, this
grew up in the courts of the City of
Chicago, under that very constitution
of 1870, he reads from, the consti-
tution of Illinois which says, "private
property shall not be taken for pub-
lic uses without just compensation."
They have sought in the courts of
that State to deduct the benefits not
only from damage, but compensation
for land taken. They have raised
this question there, and able attor-
neys have maintained the position in
the lower courts of that State.

"In all cases the Commissioners
appointed to condemn lands for rail-
ways should specify the increase of
value given to the remaining land by
virtue of the road running through
It, over what it would have been had
the road run through land of other
owners, not over what it would be
if no road ever were, built. And, un-
der a right construction of this rule,
which might well be reinforced by a
legislative interpretation, no injus-
tice could be done even in particular
cases. The rule should he that the
general advantages accruing to all

land-owners near the route and
equally to those whose land the road
does not run as to those whose land
is taken, cannot be offset. Any other
peculiar, personal, and special bene-
fit which one land owner receives,
by virtue of his own land being tak-
en, and would not receive if his
neighbor's land were taken instead,
ought to be charged to him as special
benefit, and he could not complain.
Let the Legislature enact more plain-
ly the rule of the common law, and
ail will be well, even in the obnox-
ious case of railroads.

Now Mr. Chairman, it seems to me
that the last body of inen who should
be charged as being held under the
whip of aggregated capital is the
body of men who sat in Convention
in 1850 and adopted the Constitu-
tion that has in it the clause that
is to the gentleman objectionable.
That Convention certainly was actu-
ated by no desire to advance the in-
terests of railroad corporations, they
were rather enemies than friends,
and in their zeal to protect private
interests, to cripple railroad corpora-
tions I think they went too far.
Looking through this Constitution
they adopted we find all through it
the evidences of this fact. They
prohibited the giving of municipal
aid to corporations, and as the result
of that action, we arc told, and I
believe truthfully, that since the
adoption of that Constitution, now
twenty years ago, but one short rail-
road has been projected and con-
! structed within the limits of the
State of Ohio, because of their strin-
gent rules against private corpora-
tions. The city of Cincinnati st;inds
to-day upon her beautiful hills asleep
and snoring, while other cliies ar«

DAMAGES— COMPENSATION

367

FridayJ

MANDERSON

I July 14

passing her in the race for iiiUTiicii)al
wealth. Her great need is a rallioad
to the south east, she cannot aid it
because of the Constitutional ob-
jections. Therefore I say it comes
with bad grace from the gentleman
to charge such a Convention as this
with a desire to legislate for any
railroad interests. I think too, it
comes with bad grace from the gen-
tleman to charge this as a dishonest
amendment. I do not propose to
impugn the motives of any gentleman
on this floor. I certainly am not
here wedded to any railroad inter-
est. I do not own a dollar of inter-
est, nor a bond of any railroad. I do
not think that any one member of
this Convention, no matter how
large he may be physically, should
claim to contain within his frame all
the honesty that may be here. Now
let us take one other case suggested
by the gentleman from Otoe. He
says, suppose A owns a farm, from
one corner to another diagonally
runs a railroad, what does the gen-
tleman from Douglas propose? First
he says, a compensation without de-
duction for benefits shall be paid for
the strip of land taken. Correct,
that is our position. But he says, he
next proposes that for the damage
done by obstructing this piece of
land, no benefits shall be deducted,
the land is ruined for farming pur-
poses, and the gentleman would pay
no damages. I would pay damages,
but the question of ruin or helping is
a question for a jury, to be determin-
ed by a legal tribunal, as any other is-
sue that may arise. Let us run out
this question. Here is a piece of
land cut diagonally from corner to

corner, perhaps one side of it is ap-
propriated by the railroad and there
is left to the farmer simply this
triangular strip, it is so small that It
is rendered utterly and entirely
worthless for farming purposes.
What does the gentleman propose?
That we should pay not only for
that we have taken for a right of
way, not only for the triangular piece
we have taken but for what is left.
I say we should pay for it if we have
ruined it for all purposes. We may
have condemned it for farming but
rendered it valuable for town lots.
We may have given it some peculiar
advantage. Suppose a railroad tak-
ing this strip on one side of its track
erect works in which they may man-
ufacture machinery, they may aggre-
gate capital there, and toiling mill-
ions may by the sweat of their brow
make those ponderous machines
that run in the interest of aggregated
capital. Toiling millions might
sweat for many generations in their
work, and unless aggregated capital
would lend its helping hand, they
never would construct the ponderous
machines; but the railroad company
places there its valuable shops. This
land that was perhaps worth ten dol-
lars per acre before this triangular
strip was left may be worth a thous-
and dollars an acre. Had he that
strip taken by the railroad company
he would have been glad to have
given them the land. We do not pro-
pose to place the private corporation
below A, and say that while it is true
we have been willing to give the
land to A, he shall not give it to
you as against the land taken. You
must not deduct benefits he has re-

368

DAMAGES— COMPENSATION

Friday]

PHILPOTT

(July 14

ceived against that left that you have
ruined for farming purposes, but
make as . valuable as though you
could grow upon your fields green-
backs instead of wheat. For that
damage you shall deduct benefit. As
I suggest, and as is suggested by this
article, it is not proposed by this
amendment, the general benefits
shall be set off against the damage to
the land left but merely special bene-
fit, not even, perhaps the location of
a depot. It seems to me, Mr.

Chairman, much more might be said
in favor of this proposed amendment.
It is not one raised in all necessity,
one that does justice to the citizen
and private corporations, and there-
fore I hope it will be the sense of the
Committee it should be adopted.

Mr. PHILPOTT. Mr. Chairman, I
shall have but little to say on this
subject. I see some things that
should be brought to the attention
of this Committee. I do not believe
as has already been intimated, that
railroad corporations are the repre-
sentative to some extent of a sov-
ereignty, that they possess that great
public character which has been as-
cribed to them and that thereby they
attained eminent domain.

I do not like to hear it in a Re-
publican country like ours. I take
the right under which the railroad
takes by the law of necessity, by
which any property any where in a
Republican form of government can
be taken. Suppose A has a farm
that is surrounded by B, C, D. and E.
They say to him, "This is our land,
you cannot go to your land over
ours." What is he to do? Why, that
law of necessity, which says that

property, wherever it lies, should be
for the benefit of the whole commu-
nity, comes in and demands that he
shall have right of way to his own
land over any other that may sur-
round him. Now, how is it in respect
to taking right of way from one coun-
ty to another. Where does the law
of necessity come in? It is absolute-
ly necessary the road be made from
one county to another, that the busi-
ness may be carried on: hence, by the
law of necessity, it is light the State
should make laws that will give them
the right of way to any part of the
State. Now where does this question
of quasi public come in? There is
no doubt railroads are lawful, and
cannot exist without extension, and
they must have the right to take
property in order that they may be
extended from one point to another.
We can never take the property of
any individual only by permission of
the government and the State, and
that is the only law I am willing to
recognize. Suppose a number of
men organize themselves into a com-
pany for the manufacture of shoes.
They certainly would render the pub-
lic a good by so doing, if they sup-
plied the articles cheaper. But be-
cause they do good it does not make
them a public institution, and so with
railroads. What do railroads do?
They may be organized in the eastern
portion of the country and extend to
the western portion; and when they
come here thay may charge perhaps
three or four times more for way
freight through your State than for
through freight. Now these great
public benefits are nothing more than
bleeding the people. Generally they

DAMAGES— COMPENSATION

369

Friday]

MANDERSON-PHILPOTT

are private corporations in every
sense of the word. Thej' receive wtio
they please and what freights they
please. My object is to show that
these corporations are private In
their character, and I want them
considered in this light. Let one of
these private corporations pass over
some individual's land, and suppose
there is something which might be a
pecuniary or special benefit to the in-
dividual. I want to know whether
you will compel that individual to
take advantage of that special bene-
fit. How do you know it is a special
advantage? I would like the gentle-
men who have been discussing in fav-
or of this amendment to show up
those peculiar advantages, and show
in what manner those advantages
can be made profitable to the man. I
certainly would be in favor of the
section as reported by the Commit-
tee.

Mr. MANDERSOX. Will the gen-
tleman from Lancaster permit me to
ask him, would not that question of
damages, and benefits to be offset
against damages be a question to be
passed upon by a jury?

Mr. PHILPOTT. I have no doubt
it would be a question for a jury,
but I want it never to become a ques-
tion for a jury to determine, there is
no reason why we should put this
matter in such a condition that it
should ever go to a jury. If they
open up that land it is for the man
to take advantage or not as he
pleases. How can you compel him to
take advantage? And why would
you allow, in this particular instance,
to a private corporation, who are en-
tirely for themselves? I cannot see
24

any philosophy or reason why a party
should be put in that condition be-
fore a jury that he shall go and
show whether he is able to take ad-
vantage or whether he will or will
not take advantage. I want the man
to receive for the amount of [the]
tract taken and for damage, but if
he gains any special advantage let
him embrace it: it is his good luck.

The gentleman from Douglas (Mr.
Manderson) has referred to a speech
lately made in this town by an emi-
nent gentleman from Ohio, in which
he said that but one railroad has
been projected in that state during
the last twenty years. Now what is
the reason of that? The reason gen-
tlemen cannot be credited to this
provision in the Ohio Constitution
which prohibits railroad corporations,
from being allowed to put in, as am
offset to damages private individuals
sustained by reason of railroads, gen-
eral benefits which are conferred up-
on the whole country by railroads.

Mr. TOWLE. Mr. Chairman. Al-
though I am very favorable to rail-
road corporations, and although I be-
lieve them to be of a quasi public
character; but I believe, further, that
they have become very popular and
consequently very powerful, and it
is for Constitutional Conventions —
it is for the people of the different
States to see to it that railroad cor-
porations are placed in proper bonds.
It is the duty of the Legislatures to
place about them such limitations
that they cannot drive over the pri-
vate interests wherever and when-
ever they see fit. I believe the wis-
dom and experience of the last thirty
five years has demonstrated the nee-

370

DAMAGES— COMi'ENSATION

TOU'LE— MAXWKLI,

IJuly 14

essity that there be damages given,
not only for property taken, but for
property damaged also. Now where
can a claim for damages be made?
It can be made where private proper-
ty is partially, or wholly taken by the
public officers, or corporations —
where property is either used or in-
jured. For instance take it as it
was in a certain place in Kansas a
few years ago. A railroad was pro-
jected and partially built. There
was some question as to the location,
at a particular point and two lines
were constructed, for a short dis-
tance, running at right angles with
each other. Then another line was
run which formed the hypothenuse
to this right angle. Large excava-
tions were left and the parties own-
ing the property brought suit for
damages and the case has been drag-
ging along in the courts, for years.
It proper Constitutional provision had
been made to regulate cases of this
kind a great deal of expense could
have been saved. But the special
question here, is the question as to
whether we will allow a deduction on
damages for special advantages that
may be conferred by a railroad cor-
poration, or any other kind of a cor-
poration that may choose to occupy
your land or take your building.
Why, sir, if a railroad company can
say that by going through my land,
they are conferring special advan-
tages on me, and that these special
advantages are to be considered as
an offset, where would be the end of
it? Why it would only be following
out that proposition to say that any
corporation might go out upon a
farm and set out stakes and begin

work upon a hotel, for instance, and

claim that as they propose to raise
the price of the land adjoining, that
this should be taken into considera-
tion as an offset to damages.

Mr. MAXWELL. Mr. Chairman. 1
have no hostility to railroad corpora-
tions: on the contrary, I desire to
encourage them in every possible
way. I would place no obstructions
whatever in their way, for I wish to

j see railroads built up throughout our
State. I think the views of the gen-

i tleman from Douglas, (Mr. Lake) in
regard to the rights of corporations,
are, in the main, correct. From the
necessity of the case, these corpora-
tions take private property from the
owner without his consent, and use
it. Now the question is, is this com-
pany to pay all the damages sustain-
ed? Now it is said by all, that they
should pay for the land taken; but
it is a question as to whether they
should be permitted to assess any
special benefits that have resulted to
the owner. I think there will not
be one case in a thousand, where any
special benefits would accrue. I
would say that where the chances
are so few that special benefits ac-
crue, that the party whose land is
taken shall, in all cases, have full
pay for all damages sustained. Now
under our present law, it is provided
that a jury shall go and make an es-
timate of the damages. The men com-
posing this jury know nothing about
land, [law] generally. They reason
in this way; they say, "here this land
is worth so much to-day; before the
railroad run through, it was worth
so much." So that they do actually
take into account the general benefits

EMINENT DOMAIN

371

Friday]

(Julj 14

which have resulted to the entire
community by reason of this road
being built. The Constitution should
clearly state that these corporations
should be required to pay all dam-
ages actually sustained. It is true
that in most of the States these gen-
eral benefits are put in as an offset
to damages, because, in estimating
damages, it is the rule to take into
account the value of the land before
the railroad ran through, and then
consider the value of the land after.

Now that takes into account gen-
eral benefits, that is, such as are shar-
ed in by the whole community, by men
whose lands are not touched by these
roads as well as those that are. If
this is left to the Legislature their
laws may be changed at any time
and they might lay down another and
different measure of damages than
is now adopted, and is it not best to
lay down as a fundamental principle
in the Constitution tiKit the geneial
benefits shall not be considered
against the measure of damagfs?
Now, only for the color of law that al-
lows railroads to go upon our land
what are they but public trespassers,
and this being the case I say that
they should pay for all the damages
that we sustain by their trespass.

Mr. MYERS. Mr. Chairman,

where there is such a wide and
marked difference in the minds of le-
gal gentlemen on points of law, it is
hard for others outside of the bar to
come to a conclusion upon the diffi-
culty. Now, sir, I do not propose to
speak from a legal point of view,
but simply as a farmer in regard to
railroad improvements. If I under-
stand the amendment of my col-

league (Mr. Manderson) it does not
apply only to railroads but to muni-
cipal corporations and others. Now
I have followed it as a principle in
my mode of action that wherever
there are reciprocal benefits that they
ought to be taken into account in
the measure of damages. I am al-
ways in favor of fair play. I have
ever failed to recognize any differ-
ence between a man and a corpora-
tion in this matter. It is true as the
gentleman from Otoe (Mr. Mason)
said that a corporation has no eyes
to see and no ears to hear, and I
would [add] often no heart to feel.

The provisions in the Constitu-
tion of the State of Pennsylvania are
very plain and simple and even that
great State has always progressed in
her improvements without inflicting
serious damages upon private prop-
erty. The late governor of Ohio de-
livered a speech here a few days ago
from that wood pile there, that be-
longs to the State I believe, in which
he said that on account of railroad
restrictions in the Constitution of
that State but one railroad had been
projected and built for the last twen-
ty years, and the city of Cincinnati
sits idle to-day for want of railroad
connections, her great hog trade
crippled for want of transportation.
The provision in the Pennsylvania
Constitution is:

The Legislature shall not invest
any corporate body or individual
with the privilege of taking private
property for public use, without re-
quiring such corporation or indi-
vidual to make compensation to the
owners of said property, or give ade-
quate security therefor,, before suck
property shall be taken.

372

EMINENT DOMAIN

Friday]

HASCALL— tJRKWiS

[July 14

That is the Constitutional provis-
ion of the Key Stone State, and un-
der it that great State has built
thousands and thousands of miles of
railroads through difficult places
and paid for all the damages. Now,
sir why should we restrict or em-
barass the construction of railroads
in this State? If I have a horse in
my stable and attempt to feed him,
but tie him up so short that he can-
not eat, would I not be starving the
horse just as much as if I would not
give him anything? And if we say
to these railroads "go on and improve
our State," and yet restrict them by
legislative enactment by saying you
shall not go through here without
first paying for all the damages you
may do without deducting any bene-
fits, so as to make it unprofitable to
build" any roads, do we not cripple
our own interests? Who are the
©wners of the railroads? No King,
no titled monarch, but we the people,
and why should we prepare a halter
for ourselves? I am in favor of the
amendment of my friend from Doug-
las (Mr. Manderson), that we may
leave at least one way open for the
advance of these great improvements.

Mr. HASCALL. Mr. Chairman. I
move that the Committee rise, report
progress and ask leave to sit again.

The motion was agreed to.

Mr. GRIGGS. Mr. President. The
Committee of the Whole having had
under consideration the article en-
titled Bill of Rights beg leave to
report progress and ask leave to sit
again.

Mr. McCANN. I move that when
this Convention adjourn to-morrow
it adjourn at eleven o'clock to meet

Monday afternoon at two o'clock.

The Convention divided and the
motion was agreed to.

Leave of Absence.

Mr. MASON. Mr. President. I
desire leave of absence to-morrow.

Leave was granted NEM. CON.

Mr. HASCALL. I ask leave of ab-
sence for myself and Mr. Myers until
Monday afternoon.

Leave was granted NEM. CON.
Adjouniinent.

Mr. BALLARD. I move we ad-
journ.

The motion was agreed to, so the
Convention (at twelve o'clock and
two minutes) adjourned.

Afternoon Session.

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

Mr. WAKELEY. Mr. President, I
move that the Convention go into
Committee of the Whole on the Bill
of Rights.

The motion was agreed to.
Committee of the Whole.

The Convention went into Com-
mittee of the Whole with Mr. Griggs
in the chair.

BUI of Rights.

The CHAIRMAN. Gentlemen of
the Committee the question is upon
the amendment offered by the gentle-
man from Douglas (Mr. Manderson)
to insert after the word "compensa-
tion," "for property taken." Are you
ready for the question?

Mr. WAKELEY. Mr. Chairman.
The moving of this amendment has
occasioned some discussion in respect

DAMAGES— COMPENSATION

373

Friday]

WAKELEY

to the principles which control the
tompensations to be allowed for
property taken or damaged for pub-
lic use. It is an important question.
It is a question merely of what is
right and just, and ought to be dis-
cussed temperately, and not in the
spirit of advocacy, or with any un-
due zeal, to carry the point either
way. I have but few observations to
make in reference to the merit of this
amendment. In most of the Con-
stitutions of the American States
there is a simple provision that prop-
erty shall not be taken for public
Bse without just compensation. And
under that mere general provision
no very serious diflBculties ever arose
that I am aware of, or have become
acquainted with in the course of
legal investigation. But the provis-
ion has been modified in some of the
later Constitutions, with the view of
more effectually protecting the rights
oi the citizen whose property is tak-
en for public use. In the Ohio Con-
stitution there was added to the gen
eral provision "that property should
not be taken until this compensation
had been first made in money."
That was a safeguard additional to
what had been established in the
Constitution of other States. In Ill-
inois, by the recent Constitution, a
further provision was made to ob-
viate some doubts or difficulties
which had arisen in the construc-
tion of that provision in the Bill of
Rights in the old Constitution, to the
effect that property not only should
not be taken for public use without
just compensation but it should not
be damaged without just compensa-
tion. The section reported by the

Committee on the Bill of Rights em-
bodies both these provisions and
safeguards. It is well to see what is
the effect of the amendment offerea
by my colleague, General Manderson,
and to discuss this question with ref-
erence to that. As I understand it,
Mr. Chairman, the object of the
amendment is simply this: there is
a general provision in the section as
it now stands that compensation for
property taken or damaged shall be
estimated without reference to any
benefits to the property of the owner.
My colleague proposes to amend the
section so that benefits to the prop-
erty shall be excluded from consid-
eration only in case where the prop-
erty is taken. And the effect of the
amendment would tie to leave the
provision in the shape that when a
jury is called upon to assess the dam-
ages occasioned to his property by
the construction of a work of inter-
nal improvement, the benefits to the
property, as well as the injuries to it
shall be considered. It does not af-
fect the provision that when property
is taken and appropriated for pub-
lic use, that full compensation, in
money shall be made. It is intended
for that class of cases where the
property of the citizen is not taken,
but where some of his property not
taken is yet damaged by the con-
struction of the railroad or the high-
way or the street. Now, sir, we all
agree that if the property of the
citizen be taken for public use it
must be paid for in money. It can-
not be paid for by any benefit which
the other property of the citizen re-
ceives, you cannot take away his
property and pay him for it by bene-

374

DAMAGES— COMPENSATION

Friday

WAKELEY

[July 14

fiting some other property. You \
must pay him for it in money. But,
sir, when he comes into court and
claims compensation for damage done
to property which you have not taken
how are you to arrive at the amount
of damage? Are you to determine
the damage by loolsing only to those
particulars in which the property is
rendered less valuable, and exclud-
ing from consideration all particu-
lars in which it is rendered more
valuable? Is that the way to arrive
at just compensation for property
taken? For instance, if I have two
lots in the city, and a railroad cor-
poration or the city, for some muni-
cipal purpose, takes one of my lots,
they pay me its money value. If I
have another lot adjoining it, and I
claim that that lot is damaged by
the construction of the railroad or
any other work of public improve-
ment, how is the jury to arrive at my
damage? The property is not taken
but I assert that it is damaged, and
I ask compensation for it. I will sup-
pose that a railroad is constructed
in front of that lot, so that It re-
quires me to fill up the lot to bring it
to the grade of the railroad; or, I will
suppose that an excavation is made
in front of the lot, which will require
me to excavate from the surface of
my lot. This is an expense to me,
and if that loss is to be considered
my lot would be damaged. But I
will suppose that this adjoining lot
has been taken for depot purposes;
and I will suppose that by their con-
struction of the railroad and the lo-
cation of the depot directly adjoin-
ing that lot, that notwithstanding it
requires to be filled up to bring it

to grade, or excavated to bring it
down to grade, it is still worth more
in the market since the construction
of the railroad than it was before.
Now, sir, have I been damaged or
not? I deny that the building ol that
road or depot, has damaged that lot,
but the jury that sits to estimate
damages, are to entirely exclude the
benefits which have resulted to my
property. I say that this is not a
just rule. I think that we ought to
leave the Constitution in such form
that the court would be compelled to
instruct the jury to allow, as an off-
set to the damages I may have sus-
tained, these great and peculiar ben-
efits which have accrued to me, and
by which the value of that portion
of my property remaining, has been
greatly enhanced in value. Gen-
tlemen argue this question as if it
were merely a questiui oetween citi-
zens and the railroad corporations.
This question is general. It con-
trols all corporations by which pri-
vate property is taken for public use
— railroad corporations, municipal
corporations, public parks, streets
etc. What is just in one case, is just
in all. If this amendment is adopted,
it leaves the rule as it always has
been — where the court always favors
the citizen, and gives him full com-
pensation in money for all property
the public takes, and gives him all
damage he has sustained to the other
property.

Mr. LAKE. Mr. Chairman, There
are one or two remarks I desire to
make before the vote upon this ques-
tion is taken. The gentleman from
Cass (Mr. Maxwell) seems to think,
after all, that the doctrine contended

DAMAGES— COMPENSATION

375

for by my colleague (Mr. Manderson)
is right; at least I so understand him
in his remarks before the Committee.
He says that the rule which has been
laid down by the courts of this State
is an equitable and just rule. In
this I entirely agree with him — that
the rule is just and right, and yet
one thing that seems strange is, that
the gentleman should contend that
there should be inserted in the Con-
stitution, a provision which would
not secure the very rule which he
deems just and right. This is the po-
sition which the gentleman takes:
he deems the rule laid down by our
courts, relating to cases between
railroad corporations, town corpora-
tions, etc., and private individuals,
is an equitable and just one, and
thinks, also, that the amendment of-
fered by my colleague will, by a Con-
stitutional provision, continue that
very rule which he would be satisfied
with. Now I would say to the hon-
orable gentleman from Cass, (Mr.
Maxwell) that we propose to guard
him and his interests against any
damages he may sustain by having
his property taken by railroad or any
other corporations — we propose to
secure to him that very rule. In the
estimation of damages which he so
heartily applauds here to-day.

I am very sorry that the gentleman
will sustain a rule — will sustain a
principle which is sought to be in-
corporated in the fundamental law of
our State, and at the same time de-
clare himself opposed to the very
thing which proposes to fix these
principles permanently. I have
known the gentleman many years.
I have been in Legislative councils

with him. I have watched his course
as a public man, for many years,
with interest. I have had a high
opinion of his abilities and sound
judgment, and I am certain I never
saw him take a position which is so
untenable, and I do expect, before we
get through with this provision, that
he will place himself side by side
with those who are contending for
these valuable principles. We find
the gentleman from Lancaster (Mr.
Philpott) finding fault with the rule
that has heretofore been used, but
the principal burden of his argument,
is this; he finds fault with the terms
made use of and says that a term
which has been used ever since the
first settlement of this country, and
not only here, but elsewhere, is
wrong. He says that some gentle-
men in arguing this principle, that
in thus taking the property of indi-
viduals for these purposes; for high-
ways, public parks, streets, railroads,
etc., have declared that this was ex-
ercising the right of eminent domain,
and here he disagrees with them.
He thinks the right of eminent do-
main can be exercised only by the
general government, or the State
government. Now I find no fault
with the views of the gentleman on
this point; whether he calls it the
exercise of the right of eminent do-
main, or the exercise of the right of
necessity, or the exercise of any oth-
er power which gives the right to do
these things. Now while they say
the government may exercise this
right in respect to roads, it cannot
exercise it with respect to railroads.
I say it has. If you find any distinc-
tion in our law books, you will find

376

EMINENT DOMAIN

P>iday]

an exception. Let us see what an
eminent jurist — one who is always
on the alert for sustaining the rights
of the people and against the en-
croachment of corporations — has to
say upon this question. I refer to
Judge Hartley, and I quote from the
Fifth Vol. of the Ohio State Reports.
I will say that I will place the wis-
dom of the Supreme Court of Ohio
in juxtaposition with that of the
gentleman from Lancaster (Mr Phil-
pott).

"The right of eminent domain, to
which the right of property is made
incidentally subservient, is one of the
higliest attributes of sovereignty con-
ferred upon the state. It was at
one time contended with great force
and plausibility, that this function of
the civil power could only be exer-
cised by the government, and that the
exercise of it could not be delegated
to individuals or private corpora-
tions, any more than the co-ordinate
power of taxation, or power of en-
acting or repealing laws. Beekman
V. the Saratoga & Cchenectady Rail-
road Company 3 Paige's Rep. 45.
Although I am not disposed, at this
day, to question the delegation of
this power to private corporations
■(even although for the construction
of works which are private property,
and controlled and used as such) sus-
tained upon the ground of a result-
ing benefit or advantage to the pub-
lic; yet I insist, that if there be any
matter of truth or value in the set-
tled rules of judicial interpretation,
the Constitutional grant of this pow-
er must be strictly construed; and
that such exercise of it by private
corporations, which always is upon
occasion, not of public emergency,
but simply of public convenience,
should be well guarded against in-
fringements of the rights of private
property."

So you see that this right of emi-

nent domain may be conferred upon
individuals, or may be conferred up-
on corporations by the judicial au-
thority of the State, and it is but
right in the case of corporations that
benefit the whole State as railroad
corporations do, in building railroads
which furnish means of ingress and
egress to and from the State, and
from one portion of the State to an-
other— we say that the State, by rea-
son of these resulting benefits, is
justified in so doing — in granting to
these great corporations, the right of
eminent domain, and we think no
one can question, successfully, the
right of railroad corporations to ex-
ercise this privilege of taking the
private property of individuals — un-
der wholesome and proper restric-
tions— for the benefit of the entire
State, and it matters not, whether
the State exercise this right of emi-
nent domain itself, or whether it
delegates that power to a corpora-
tion which has for its object, not
only private emolument, but as a
necessary result, the benefit of the
people of the entire State. It seems
to me from anything that I have
heard from the opposition, that there
has been no reason offered against
the rule laid down by the Supreme
Court of our State, and why not, if it
be just, continue that rule as a fund-
amental law. If the gentleman can lay
down [one] that is better, or show
where this bears one pennyweight's
grain against the stern principles of
equity, I will join them in the op-
position to the principles sought to
be laid down by my colleague. But
if not, let us be satisfied with the rule
which is admitted to be right. Then

EMINENT DOMAIN

377

LAKE— PHILPOTT

[July U

let us not quarrel over the mere use
of terms. I wish to ask the gentle-
man from Lancaster (Mr. Philpott)
what is the difference whether the
land is taken as private, corporation,
■or in the name of eminent domain
when the State requires it? The
■original section reaches out further
and includes far more than railroad
■corporations. The argument seems
to be that railroads only are includ-
ed. Let us look at it and see. In
the exercise of this right of eminent
domain is contained towns, counties
.and other authorities, who may lay
out a highway from one part of the
State to another. The gentleman
from Lancaster has said in no case
are the damages charged to be off-
set by the benefits received.
The gentleman certainly is mistak-
•en. I have had some e.xperience at
the bar and on the the bench and if
I recollect right the rule is different
from the one laid down by the gen-
tleman. He is entitled to damages
to his land, and then if he has re-
ceived special benefits by the loca-
tion of the road those may be taken
into account, and shoula be. The
gentleman says that railroad corpor-
ations are entirely private and to
support that he says that they may
refuse to take goods as common car-
riers. I am sorry that the gentleman
has to take such a position as that to
support his arguments, for if he con-
sults the law he will find that they
are common carriers and have to
take goods as such. All the rail-
roads in our State are subject to the
action of our Legislature so entirely
that it may control their speed, rate
of charge, etc. They are entitled to

just such privileges as the Legisla-
ture sees fit to give them, and one of
their rights is that of eminent do-
main, and just so long as they keep
within the provisions of the law are
they entitled to these rights. If no
better reasons than what we have
heard, can be urged against a rule
that is so just why is it that we see
this opposition? I hope the hon-
orable gentlemen will so far forget
their opposition to railroad corpor-
ations as to allow them to look with
reason upon a rule that has received
the sanction of the State. I trust
this amendment will obtain.

Mr. PHILPOTT. Mr. Chairman, I
first propose to reply to the gentle-
man last lipon the floor. I did say
that railroads cannot be made to car-
ry passengers. The gentleman and
others have ridiculed the idea, but
what will you say when I still assert '
it? It is true that if they once become
a common carrier by the receiving of
goods or passengers then they are
subject to the laws, but if they have
with-held one portion of their road
from the use of the public then there
they are not common carriers. Now

' I don't object so much to tflose words

j eminent domain as to the manner in

1 which it is attempted to be used here

' for a special purpose.

Railroad corporations when they
take the private property of citizens

i are acting by virtue of authority con-
ferred by the Legislature of the

j State. That Legislature, by virtue of
the sovereignty of eminent domain,
can delegate its property to private
corporations, and they under the
code of the eminent domain take the

j private property. I say the Legisla-

DAMAGES— COMPENSATION

Friday]

PHILPOTT-LAKE— ROBINSON

[July

ture should not be clothed with that
authority in order to take this pri-
vate property. A railroad cannot ex-
ist unless it is allowed extension, and
in obtaining that extension it may
take private property of persons,
but in so doing it is its duty to pay a
just compensation. I willingly con-
cede that after they have taken the
land they should pay a just compen-
sation for it; the next thing to be
considered is how much is the land
worth not taken and which has been
damaged? They should also pay for
that. So far we agree and where we
disagree is in this. Gentlemen here
desire to incorporate into the Con-
stitution of this State such principles
as that is, by virtue of taking the
land for the benefit of corporations,
they may offset that against the dam-
ages for the other land not taken.
They come upon a man's land, take
his property, and then say, "we
have conferred upon you a favor and
benefit, and the benefit we have
given you. even contrary to your
wishes, without your request, in
counting up these damages we will
offset that against the damage we
have done%ou."

Mr. LAKE. Allow me to ask a
question. Does not this principle you
are contending for apply to the tak-
ing of land of individuals for high-
ways, roads, streets, alleys, and so
forth?

Mr. PHILPOTT. Yes sir. by vir-
tue of the authority conferred on this
railway corporation by the Legisla-
ture they take the land. If they
take it by virtue of that authority I
want them to treat the persons whose
land they take in the same manner

as the State, which takes the high-
ways. Suppose the State lay out a
road. It condemns the land it pas-
ses over. Where did you ever hear
of an instance in which the State
said, "Mr. A, in taking your land we
have doubtless benefited you and
now we want you to allow us to de-
duct from such money as you might
claim from us so much for the bene-
fit we have given you?" I am will-
ing these corporations should go as
far as the State and no farther. The
State never claims they will offset
that against any damage. If they
claim their damages by virtue of this
eminent domain, let them do as the
State does, and not offset for some
imaginary benefit they may have con-
ferred upon the property of the party
whose land they have taken.

Mr. ROBINSON. Mr. Chairman,
For my part I made up my mind long
ago as to what the true rule of com-
pensation was and I have been lis-
tening very patiently for some ar-
gument to shake the conviction. I
have heard none. I am of the opin-
ion that if a railroad companj' takes
private property, it should pay for
that and the whole of it. I think if
there is any one thing that distin-
guishes and characterizes the civili-
zation of this age from that of any
other age, it is individual indepen-
dence. I do not desire to see that in-
dividual independence trampled up-
on. I do not desire that the gentle-
man from Otoe (Mr. Mason) should
trespass upon my property without
paying me for it. and I am further-
more unwilling that he should under-
take to set off, against an injury
which he has done me, a benefit.

EMINENT DOMAIN

379

ROBINSON-LAKE

[July 14

real or imaginary which he may have
conferred upon me. I take it, Mr.
Chairman, that every interference
with the rights of an. individual by
another individual is in fact trespass.
Now. sir, it strikes me it^ would be
ridiculous if Mr. A, who has been al-
luded to several times, should de-
sire to erect an hotel in this place,
and should find it very convenient to
his purpose to take my two lots to
erect it upon. I say it would be rath-
er a strange position to maintain.
But sir, I can see no difference be-
tween the character of a railroad
corporation and an hotel. I see no
difference; in a certain measure they
are both public or private. The hotel
keeper cannot refuse to entertain his
guests, nor the railroad refuse, if it
be a common carrier, to transport
passengers and freight. I care not
what you call it, but sir, they are
also private, they have certain rights
extended to them and duties to per-
form. Now for every trespass a man
commits he Is bound to pay. He has
no right to take my property and ap-
propriate it without paying me fully
for it. I ask gentlemen who argue
on the other side: "What is it in
the case of railroad corporations that
a different rule should be adopted
than in the case of private individu-
als?" Why did he take my land,
is it because he is forced to, is it from
some great public necessity, as is
sometimes done in the State? Not
at all! They take my property with
all the consequences which the law
maintains upon that taking, for their
own benefit. I take it, that if any in-
dividual undertook to run such a
road, that was not a corporation, he

would have to pay, he would be
bound to pay me in full. It strikes
me if it pays these corporations to
build these roads, they will build
them. I deny the right of the legislat-
ure and, morally, of this convention to
pass any rule which shall compel the
private individual to allow his prop-
erty to be subjected, for any compen-
sation whatsoever, to these corpora-
tions. Every man has a right to en-
joy his own, and notwithstanding the
authority which my learned friend
from Douglas (Mr. Lake) has read,
I am inclined to think the oniy per-
son, the only thing, to use a general
term, that can exercise this right to
eminent domain is the State. I
have no doubt about it. I did not
hear clearly what the learned gen-
tleman read, but I am confident it
cannot be found in any respectable
book.

Mr. LAKE. I read from fifth Ohio
State reports. Chief Justice Hartley
of that State, considered very good
authority.

Mr. ROBINSON. I care not, Mr.
Chairman, the State must have this
right. It is from a great necessity,
without a provision specially looking
to these corporations, without a mere
provision that, the State should ex-
ercise this riglit of eminent domain,
would confer upon the Legislature,
the power to provide that corpora-
tions might appropriate private prop-
erty to their uses. I care not where
the authority is, it contradicts com-
mon sense. If we incorporate in this
Constitution a provision that it may
be exercised in such cases, it may,
for the power established is superior
to any other power.

380

CORPORATIONS— EMINENT DOMAIN

Friday I

LAKE— ROBINSON— WAKELEY

I July 14

Mr. LAKE. If the State cannot
confer the right upon the corporators,
how in the world would you obtain
the right of way against the consent
of the owner of the soil.

Mr. ROBINSON. I think it could
not be gained by virtue of any statu-
tory provision, a public way I care
jiot could he given — •

Mr. LAKE. I am speaking of rail-
roads.

Mr. ROBINSON. Well, sir. I look
at it in this way. If the Constitution
under which that Legislature acts,
confers a power broad enough, I
grant he can take away the rights of
half the individuals of this state.
But, sir, without a provision in the
Constitution, conferring upon the
Legislature the right to delegate this
power to a corporation, I assert it
cannot be done. And the point I
make is thii: that if we engraft into
■our Constitution simply the provision
that the State shall have and exercise
the right of eminent domain, it con-
fers upon the Legislature no power
to grant this right to a private cor-
poration. I say this provision must
"be special. It does not reside in the
right of eminent domain. This right
can only be exercised for State pur-
poses.

Mr. WAKELEY. May I ask the
gentleman from Lancaster a ques-
tion?

Mr. ROBINSON. Certainly.

Mr. WAKELEY. Is there a State
in the Union which has ever conferred
that power in the Constitution, and
if so what?

Mr. ROBINSON. I do not know of
any which has.

.Mr. LAKE. One other question.

Does not all legislative power and
authority reside in the people of the,
State entirely which is not delegat-
ed or taken from them by the Con-
stitution, and cannot they exercise
that right t)f eminent domain through
their Legislature without express
provision in the Constitution author-
izing them to do so?

Mr. ROBINSON. I will answer the
question of Judge Wakeley first. I
said I knew of none. But I do know
that in our own State, and in every
other State, perhaps, there is a pro-
vision which provides that private
property shall not be taken for these
uses without just compensation, leav-
ing it plainly to be seen that the Leg-
islature has in certain cases, the pow-
er to take this private property. Now
I will answer the gentleman from
Douglas (Mr. Lake). I take it, sir,
that the Legislature has no right to
interfere with private rights except
where that power is expressly con-
ferred— no right without some pro-
vision which, either by necessary im-
plication or special right, confers up-
on them the power to take away my
individual rights, and it cannot con-
fer such right upon a private corpor-
ation without if is expressed in this
Constitution. Wherein are these
public organizations? Are they pub-
lic like a county? Is it for a benefit
of the whole people? Not at all.
These are private corporations, which
carry their own capital and work for
their own good. Where do I get the
benefit except I pay them for it, and
pay them pretty high, too? The ruleas
I understand it, and which has been
referred to as just and applicable in
this State is this — and I wish to state

EMINENT DOMAIN

381

Friday]

LAKE-ROBINSON-MANDERSON

IJUI.Y H

that it is a great stride above the
rule in some States — if a company
runs over a quarter section it shall
pay the owner for the ten acres if
it runs across, so that it injures that
which remains of my farm, they have
this right at least so says our Su-
preme Court, to set oft in mitigation
of the damages, the benefits which
have accrued.

Mr. LAKE. That is not the rule.
The rule is that there may be an off-
set in special damages to the individ-
ual, and the rest of the community
do not share it alike with him.

Mr. ROBINSOX. I do not under-
stand the rule so. I understand that
they must pay for the land actually
taken, and if other damages arise
then they may set off any special
benefit. It must be a benefit conferred
upon him which may not be conferred
upon the whole of the community,
and the benefit to the community is
that it raises the value of the land
in the vicinity.

Mr. MANDERSOX. Will the gen-
tleman permit me to trespass a ques-
tion? Will you name the Convention
a single State in the United States
where, by the terms of its Constitu-
tion, or by the decisions of its courts,
a contrary rule has obtained to that
which is sought to be obtained by
this proposed amendment?

Mr. ROBINSOX. I do not think,
Mr. Chairman that I could cite now,
but, I will promise the gentleman a
bottle of wine and a box of cigars if
I do not produce them in &. certain
time. I think, Mr. Chairman, these
railroads are a good thing; an excel-
lent thing. I think they have chang-
ed the affairs of things in this coun- ,

try, and are destined yet to change
them. But it strikes me they flourish
where other things fail. Their pow-
er is to become enormous. They
have become tyrannical in various
ways, and trampled on the rights
of individuals. I wish, to preserve,
both for myself and fellow creatures,
the right to assert my rights against
any body as long as I live. I do not
believe in conferring upon any cor-
poration or body of men exclusive
rights. I believe the good which they
do is, in a great measure, offset by
the evil they do. I would rather cur-
tail them. If it can be shown that
they are a part of the State organi-
zation, or bear in any degree, a gov-
iernmental stamp. I am willing then
that some more rights should be con-
ceded to them. Mr. Chairman, I am
not fond of personal allusions: Judge
Mason is right in his proposition,
when one member attempts to im-
pugn the motives of another, I think
it is time that the gentleman should
be called to order. When he talks
about our putting ourselves upon
record, as though we were to be in-
timidated by this, he is mistaken
Every individual in this house has
sufficient moral courage to place him-
self upon the record as having fol-
lowed the promptings of his own
judgment and good sense.

Mr. MAXWELL. Mr. Chairman, I
certainly have no feeling of hostility
against any naember of this body, and
while I will do every thing in my
power to insure good feeling among
the members of this Convention, yet
I shall certainly endeavor to do my
duty, and speak freely upon every
question of importance which may

382

DAMAGES— SPECIAL BENEFITS

MAXWELL— WAKELEY

IJul.T 14

arise.

Now it is conteuded, very strange-
ly, that parties not interested in
special benefits may get pay for their
property. This afternoon, I stated
to this committee that it was the
custom to offset general benefits ac-
cruing, against the damages allowed
the party whose property was taken;
that the course in this State was to
allow damages for the land taken
and then assess the damages against
the land remaining; taking into con-
sideration the increased value of the
land as an offset. Now when the
gentleman from Douglas (Mr. Lake)
says that in not more than one case
in a hundred, are special benefits
conferred, he tells the truth. It is
sought to incorporate an article in
our Constitution which will permit
any heiielits which may accrue, as
an offset to damages. They say first
pay for the land taken. Suppose you
take a strip 100 feet wide across a
man's farm, across a quarter section,
running diagonally. The owner is to
receive, simply, the pay for the ac-
tual value of the land taken. This is
a very small part of the damages.
You take, say, sis or seven acres, and
the land is worth $40 per acre. This
would allow the owner $240, or $2S0
at the most. Has the owner been
paid full damages? Suppose an em-
bankment 20 feet high is left upon
the farm; the owner has received
$2 80, and he has been damaged
$5,000; his farm is ruined. But
there is a depot a short distance off,
and they claim this is a special bene-
fit, and the owner of the farm is
compelled to pay for this imaginary
benefic.

Mr. WAKELEY. Will the gentle-
man allow me to ask him a question?

Mr. MAXWELL. Certainly.

Mr. WAKELEY. Suppose that
depot has made the rest of the land
worth $5,000 more than it was be-
fore; how much is his land damag-
ed?

Mr. MAXWELL. That is just
where the rule of the courts has ap-
plied. They say, "this man's land
has increased in value so much; it
was worth twenty dollars per acre be-
fore the road was located, and it is
worth forty dollars jier acre now."
But then, all the land around is
worth forty dollars per acre, his
neighbors have been benefited in
this way just as much as he has.
while their property has not been
touched; must this man whose land
has been taken, stand all this loss?
The depot benefited the property for
miles around, — it would be called a
public benefit; so that this is noth-
ing more than extending the principle
of general benefit. I say we ought
to insert a provision in our Constitu-
tion which will forever prevent gen-
eral benefits being assessed against
individuals. This would do away
with a great deal of litigation now
had. The Constitution would then
say to a jury called to assess dam-
ages, "you are to assess this man's
damages, without regard to benefits"
the jury would then go on, and know
just what to do.

My friend from Douglas (Mr.
Lake) read the dissenting opinion of
.Jiidfio BartU'y. It is trui' tliat Mis
Legislature does confer upon thes«
corporations the right to take pri-
vate property. In effect, this is th«

EMINENT DOMAIN

383

Friday!

MAXWELL-STEVENSON

(July U

Legislature reinvesting tlie public
with the right of eminent domain.
This right, as I understand it, ex-
ists only in the public, but the public
confers it, if it can be conferred, up-
on these corporations. Now these
forporations serve the public so far
as this; thej' carry the public and
they charge for it. They conduct
their own business, make their own
dividends, and are private corpora-
tions to all intents and purposes.
Now I will read an extract from the
same book from which Judge Lake
read, page 149, 5th Ohio State Re-
ports. I quote from Blackstone;

"So great, moreover, is the regard
of the law for private property, that
it will not authorize the least viola-
tion of it; no, not even for the gen-
eral good of the whole community.
If a new road for instance, were to
be made through the grounds of a
private person, it might, perhaps, be
extensively beneficial to the public;
but the law permits no man, or set
of men, to do this without consent
of the owner of the land. In vain
may it be urged that the good of the
individual ought to yield to the good
of the community; for it would be
dangerous to allow any private man,
or even any public tribunal, to be the
judge of this common good and to
decide whether it be expedient or not.
Besides, the public good is in nothing
more essentially interested than in
the protection of every individual's
private rights as modeled by the
municipal law. In this and similar
cases, the Legislature alone can, and
indeed frequently does, interpose and
compel the individual to acquiesce.
But how does it interpose and com-
pel? Not by absolutely stripping the
subject of his property in an arbi-
trary manner, but by giving him a
full indemnification for the injury
sustained. The public is now consid-
ered as an individual, treating with
an individual for an exchange, all

that the legislature does is to oblige
the owner to alienate his possessions
for a reasonable price; and even thi's
is an exertion of power which the
Legislature indulges with caution,
and which nothing but the Legisla-
ture can perform."

Mr. STEVENSON. I believe it is
an axiom acknowledged by Methodist
class leaders that a person is always
relieved by speaking. I do not want
gentlemen to think that I am not in
favor of railroad corporations; but,
I believe that no corporation, what-
ever it may be, should have any ad-
vantage over the private individual.
The gentlemen who sustain this ques-
tion all argue that they are a public
benefit, but that is no reason for giv-
ing them the right of way through
my farm. As I have to pay for every

; thing I get from them it is nothing
more than right that they should pay

I for what they get. I hold that it is
not right nor just that a man should
not have damages for his property
when taken either for public or pri-

I vate use, and if Judge Lake should
array all the authorities of the coun-
try before me to the contrary I would
not believe it. Is there any principle

I of law or equity in it? I think not.
I say it benefits the man who is a

' half a mile away from the road with-
o«t running through his land or dam-
aging it as much or more sometimes

j than the man whose property is tak-
en, but the one who sustains the loss
is to be subjected to deduction for
benefits. That is not just.

It is a fact that these corporations
are becoming very powerful, and
their powerful influence is permeat-
ing all our Legislatures. Although.
Judge Lake says we are not here for

384

EMINENT DOMAIN

STEVENSON— MANDERSON

[July It

the purpose of legislating, I must say
we are here to draw up organic law
for the government of legislators and
we must guard well the interest of
our constituents, and we must not
give the corporation any better right
or more than the man who erects a
mill, or opens a stage line. If we are
going to offset damages for one let
us do it for all,. Why should we be
so lenient with these great corpora-
tions? How many of those who hold
the stock of them are residents of our
State. Very few. I believe if there
had never been given a bit of aid to
the railroads they would have been
built. They are not only looking at
the present, for every dollar they ex-
pend to-day they will receive double
to-morrow. Mr. Myers spoke a
great deal about the great State of
Pennsylvania. I care not for the pre-
cedents of any other state — we are
here to make laws for the people of
the State of Nebraska, and laws ap-
plicable in Pennsylvania might not
be practicable in this State. You
might as well say because the heath-
en mother casts her child into the
Ganges to be destroyed by the croco-
dile, therefore we should do so. I
hold it is jumping right out of the
frying pan into the fire. It is our
sworn duty to ourselves and our con-
stituents to make the law so that
they can get the pay for the damages
done them and their property by
these corporations. Judge Lake
speaks a great deal about public high-
ways, but I hold there is a great dif-
ference between them and railroads,
I do not know of a case where the
benefit of a public road was made to
offset the damages done by the open-

ing of that road. I hope this amend-
ment will not prevail and I hope the
members of this Convention will look
well to the interests of our State and
beware how they vote on this amend-
ment.

r Judge Mason's speech on this
subject — pp. 279-385 of Mss. — Sent
to him for correction and not re-
turned. Xot found among Judge
Mason's papers after his death.]

Mr. MAXDERSON. Mr. Chairman.
In my youthful days, when attending
those traveling shows that pass
through the country now and then,,
sometimes under the name of circuses
and again under the name of menag-
eries and which, when they adopt
the latter name, are considered ta
be entertainments highly moral and
instructive in their character, I have-
noticed that the moment of deepest
interest and intensest enthusiasm,,
when the promiscuous audience gath-
ers with the greatest emotion to gaze,
open-mouthed and with hair on end,
upon the scene, is when, the em-
ployes and keepers of the animals
having by goads and sharp sticks in-
troduced into the den of the caged
lion, roused him fully the monarch
of the forest paces to and fro in his
confined limits, in fury lashes his
tawny sides with his tail, shakes his-
shaggy mane, opens his throat and
roars to the delight of the assembled
and admiring crowd. And it is
strange that but a moment ago this
"dreamy reminiscence of my child-
hood days" should be presented so
vividly and forcibly to my mind.

I would be content, Mr. Chairman,
not to raise my voice again in advo-
cacy of the proposed amendment.

EMINENT DOMAIN

385

MANDERSOX

[July 14

were it not for the peculiar character
of the remarks of the gentleman from
Otoe (Mr. Mason).

"We have heard the deep bass of
his trombone and his roar "full of
sound and fury signifying nothing"
in opposition to my amendment, and
I cannot attempt, nor would I dare,
to compete with him in any exhibi-
tion of the character lie has given be-
fore this Convention. But being, as
I claim, as honest and unbiased in
my advocacy of this amendment as
he can be of the original article, I
do not propose to sit entirely silent.
He has seen fit to criticise some of
my argument in a manner it certainly
does not deserve. He says he notic-
ed a sneer upon my face when I
made reference to the sons of toil;
that I "held double quotation marks
on each side of my mouth" when I
used language of which I credited
him as its author. True, there were
quotation marks and perhaps a sneer.
But that sneer was not intended for
the sons of toil nor will they so ap-
propriate it. The gentleman cannot
exceed me in my regard and admira-
tion for the laborer and toiler whose
skilful hand or active brain blesses
mankind by its creative power. I
claim to be a "son of toll" and be-
lieve him to be one. We are all
workers whether we labor with head
or hand. The mind that conceives a
^reat idea should receive as much
grateful commendation as the labor-
ing muscle that with executive force
carries that idea to successful opera-
tion. The sneer, recognized by the
gentleman, was rather directed to
that class of individuals who from
demagoguery, clap-trap and pure
25

buncombe wish to array interests In
antagonism that should go hand in
hand, who attempt to array labor
against capital and say to the "sons
of toil" "these men who have gather-
ed wealth are your natural enemies,
up! and at them!" He who does this
and urges this antagonism deserve?
and should receive not only the sneej
but the rebuke, open and expressed,
of every man who does not wish to
see our beloved country drift into
such terrible scenes, such as we have
so lately read as occurring at the
coal mines in the State of Pennsyl-
vania, or to see this broad land a
Paris under a reign of terror more
terrible than that of the bloody days
of the French revolution. Let the
arch demagogue take to himself my
sneer rather than attempt to throw
it upon those for whom I have simply
regard and praise.

There were several propositions
made by the gentleman from Otoe
(Mr. Mason) that I will attempt to
reply to. First let me take up that
most labored of his argument. He
says suppose a railroad corporation
taking its way through the land of a
farmer sees fit to enter the private
burial grounds, tears down and des-
troys the monuments he has erected
to the memory of some loved and
dear one. This is an extreme case
and one that could hardly occur, r
do not know whether there exists
in our statutes that law which finds
its place in the legislation of so many
States, that no burial ground or cem-
etery can be taken by any railroad'
corporation for its use. Against any
such hardship there can be and is
full protection in the law. He says

386

DAMAGES— SPECIAL BENEFITS

Friday 1

MANDERSON

[July 14

a man may have upon his farm a
stone quarry buried under the earth.
He does not propose to use this quar-
ry, but keep it as an inheritance for
his children. No railroad existing
near him, there is but a local demand
for the stone and it is of little worth.
It has for him no present value and
is of but prospective benefit. A rail-
road is established through his farm.
The corporation pays him in full for
any land taken and he says "you
have ruined my farm for agricultural
purposes, pay me its full value as in-
cidental damages." The gentleman
from Otoe says he should be thus
paid. I say no. If there is actual
present damage he should be paid,
if he is not damaged he should re-
ceive nothing, save payment for the
land taken. Suppose the establish-
ment of the road gives him a direct
incidental benefit, that the stone
quarry before having no practical
value has now been called Into pay-
ing existence to enrich the owner.
Poor in his possessions before he is
now enriched and yet the gentleman
would pay him for an imagined dam-
age he has never sustained. But we
are told the farmer did not want the
benefit, that he wished to live in
quiet retirement upon his farm and
not use the stone quarry during his
life, but keep it as an inheritance for
his children and that his wishes in
this regard should be permitted to
stand in the way of the public needs.
I say again no! He has not the right
to stand in the road of progress and
block up the path that benefits the
public and himself. But then the
gentleman says, we have no right to
take from the private individual

something that has to him peculiar
value, for the use of a corpo-
ration. Let us look at this for
an instant, and I advance the pro-
I)osition that the privilege' of
taking private property, even that of
peculiar value to the owner, is per-
mitted by the law to private individ-
uals and to the law, although it fre-
quently works great hardship, we
hear no objection made. Look at the
working of the replevin law. My
friend from Otoe may have at his
home something which has to him
great and peculiar value, but that as
a marketable commodity is of no
worth. It may be some precious ar-
ticle handed down in his family for
generations from sire to son and if
you were to weigh its value and place
on the other side of the scale
diamonds and gold, in his estimation
the precious thing would out-weigh
them all. Yet in open market if ex-
posed for sale it would not bring
five dollars. Does the law fully pro-
tect him in the holding of this prop-
erty? No: If I see fit to make an
affidavit in replevin that this proper-
ty is mine, and that after demand he
keeps me out of its possession and
will give a bond in double its market-
able or appraised value I can take
from him this, to him. precious thing
— valuable though it be to him and
valueless perhaps to me. What is
his remedy? It is found by the ver-
dict of the jury which tries the right
of property that it never was and is
not mine. Yet I retain the property
and if I am worth nothing the law
leaves him to his suit for a money
recovery upon the replevin bond and
he recovers only the actual value of

DAMAGES— SPECIAL BENEFITS

38T

Friday 1

M ANDERSON

July U

the article on the amount it would j
bring in the market. Thus it is a |
great hardship, it is true, yet the law i
frequently for the good of the great- ^
est number works injustice in indi-
vidual cases. There must be some
sacrifice on the part of the person
for the good of the whole.

Now a word Mr. Chairman on the i
question of prospective damages and
benefits. Take the case of the man
owning the stone quarry that he does i
not propose to use. It has to him no
actual value but simply prospective.
He may not want to have a railroad
located near his home. Perhaps he
says "I will be seriously damaged,
the sparks from the locomotive may
destroy mj' barn, or my house, or the
trains may run over and destroy my
stock." True, they may, they fre-
quently do, but if the railroad Is es-
tablished and does him damage in
this way he has his remedy at law
when the act occurs and a jury pas-
sing on the questions raised under
this section cannot take into account
such prospective damage. The act-
ual present damage is to be deter-
mined by the jury. It first asks
"What is the land worth that is tak-
en?" Suppose we say one thousand
dollars then the railroad shall pay
one thousand dollars. Next "how
much less valuable is the land
worth that is left to the owner." Sup-
pose we say another thousand dollars.
That is the actual not the prospec-
tive damage. Now what do we pro-
pose to offset against these actual
damages, simply actual, direct and
• not prospective benefits — not benefits
that may exist only in thefuture. Now,
the gentleman from Otoe (Judge

Mason) in one part of his argument
takes a very strange position, and one
that is inconsistent with the position
he seeks to maintain. In contending
against the adoption of this proposed
amendment he says that the origi-
nal section as it comes from the
hands of his committee permits
special and direct benefits to be de-
ducted from claims for lands damag-
ed. I differ from him in this con-
struction, but by this admission his
entire argument loses its force.
Why this is all we claim or want.
We do not wish to drag general bene-
fits forward as an offset, we desire
that only directly consequential bene-
fits should be considered by the jury.
If the original section permitted this
with it we would be content. We wish
merely to carry into our ConstitutioH
the rule that obtains in every state
in the Union. Either in the Con-
stitution or in the decisions of the
highest court of each state you will
find that which we desire here to be
the practice and I will win the bet
from the gentleman from Lancaster
(Mr. Robinson.)

Another argument advanced by the
aggregated wisdom of Otoe county
was based upon the grant of a char-
ter to a street railway. I never heard
of a street railway to which was
granted the right to take private pro-
perty for its use or right-of-way.
They are chartered institutions and
what is the right given them by their
franchise? To run their track along
the public streets. Can they take a
lot belonging to any private individu-
al and locate a stable upon it? No,
sir; they must buy it as any private

388

EMINENT DOMAIN

Friday]

MANDERSON— MASON

(July 14

person would purchase it. I never
heard and do not believe that any
gentleman on this floor ever heard of
an instance where it was necessary
to take one inch of private ground for
Street Railway purposes.

This doctrine applies with equal
force to municipal corporations, and
let us now apply the rule to the
opening of streets in towns and
cities. Suppose I own a piece of land
two hundred feet in depth. The town
corporation in the exercise of its
granted rights of eminent domain
opens a street one hundred feet in
width through the center of my lot.
I have desired to use my lot for resi-
dence purposes simply, but the
street is opened and I am left with a
strip of land fifty feet in width on
each side of the new highway, in-
stead of the full lot I owned before.
What should be the rule? The corpo-
ration should first pay me for the
ground actually taken for the street.
The gentleman from Otoe (Mr. Ma-
son) says it should go further and
in any event pay me at the same rate
for that which is left me. He would
have me say, "I wanted this for a
residence lot, I cannot use these
strips for residence purposes, these
pieces left me are useless for the pur-
pose I designed them, pay me there-
fore to the extent of the value of the
whole lot." "But." says the city," we
take but one half your lot and the
two strips of fifty feet each left to you
are worth four fold more than the
entire lot was worth before the street
was opened. These strips are now
available for business purposes and
you are enriched by the action of

which you complain." I say it would
be very unjust for me to claim pay-
ment in the manner indicated. There
has been no damage, there should be
no payment. There has been no
wrong, there should be no remedy.
There should be no recompense
where there has been no loss.

A word only, Mr. Chairman, in con-
clusion. The rule we advocate has
received the sanction of years. Gen-
tlemen are unable to point out a
single instance where in any Court
a contrary doctrine has obtained and
been enforced than that which we
contend for here. I see no reason
why we should depart from that safe
path which has been travelled by
constitutional lawyers and jurists so
many years before us.

The CHAIRMAN. The question is
on the amendment offered by the gen-
tleman from Douglas, (Mr. Mander-
ison.)

The" Committee divided and the
j amendment was not agreed to.

Mr. MANDERSON. Mr. Chairman,
I will make this motion, that we in-
sert before the word "benefits" the
word "general."

Mr. MASON. Mr. Chairman.
I have no objection to the amendment
myself, but desire the committee to
understand what I consider will be
the effect, for it will leave the rule
without precedent; that is to say,
that you should first pay for the land
taken, then finding the damages you
may deduct peculiar benefits. But
when I am called to vote I will have
to vote against It.

Mr. ESTABROOK. Mr. Chairman,
I will simply say to-night as it Is late.

DAMAGES— COMPENSATION

389

Friday]

ESTABROOK— THOMAS

[July 14

I don't care whether this amendment
is adopted or not, but before the sec-
tion is adopted I hope that we may
understand it better than we do
now. If I understand the wording of
the section, it is where property is
not taken at all, hut just damaged,
no deduction can be had, you may
keep the property in the one case and
in the other you part with it. I take
it that this section was put into the
constitution of the state of Illinois
without any reference to railroads.
The Chief Justice (Mr. Mason) tells
you that this has been the rule al-
ready, but this is additional and was
made first. I believe in the constitu-
tion of Illinois and I think it was
made to apply in Chicago, or where
it was found necessary for the public
good to destroy some buildings, as
In the case of fire to keep it from
spreading.

Mr. ESTABROOK. I cannot con-
ceive that the committee has under-
stood this thing, it seems to me the
most ridiculous proposition in the
world, to say in the estimation of
damages done you shall be permit-
ted to inquire whether there has been
damages. If a corporation takes
away our property, then we inquire
what shall be the compensation. I
have been trying to think of a case
where the railroad corporation could
fall within that provision, and I can
think of only one case, it clearly is
not where a man's farm is taken, you
take his farm and award him a just
compensation. The only case where
I can imagine a railroad corporation
comes within this law is where a man
has a business house upon a street, a

railroad comes along and takes the
street so as to stop travel, hut does
cot take his land, there are damages
for shutting up his door. What if it
should result that the improvements
in the vicinity are such as to make his
land worth more, you leave him in
possession of his property and do
him a benefit.

Mr. THOMAS. Mr. Chairman. It
seams to me that there cannot be
very much danger in the provision re-
ferred to here and in the amendment
offered. I understand that the law
would be, even if this amendment
were not adopted, that no deductions
should be made for general damages.
I understand the rule of law formerly
V. jb that no compensation at all was
given unless th.e property was ta-
ken. I find in Chap. 23, page 603
of "Sedgwick on the Measure of Dam-
age ' the following:

It has been declared in New York,
in relation to railroads running
through cities, that the prohibition of
the constitution is against taking
private property, not against injuries
to property, and that contingent fu-
ture damages or incidental and con-
sequential iDJiiries of indefinite
amount not capable of estimate, do
not fall within the statute. So. when
it is alleged that private property in
the neighborhood of a railway will
be injured by its vicinity, the claim
is inadmissable. The same doctrine
has also been applied to the grading
of streets and highways, and it has
been held that injury resulting from
grading and leveling a street, either
by cutting down or filling up so as
to make the street either below or
above the natural level of the adja-
cent land, is damnum absque injuria,
for which no compensation can ba
had."

I understand that this provision iu

390

GENERAL BENEFITS— DAMAGES

Friday]

THOMAS-LAKE-STEVENSON

(July U

the Illinois constitution concerninj;
damages, is, "when taken or damaged
for public use." This provision is
understood to cover th^it very c?.:ii;,
the matter of damage of property
where the property is not taken. For
instance, where a rai'ioal is run di-
rpftly in front of u ni m's dwelling
Ju a city, the strec-L in f'-onf nf his
house may be excavated, his pro[)er-
ty is damaged, but he is riOf. touched
This provision is to cover such cases
II seems that would be eminently
just. There should be a compensa-
tion for the damage sustained, not
the value of the property because the
property is not taken at all, that
should be without deduction for gene-
ral benefits, benefits shared by the
owner of that property in common
with the property around.

Mr. ESTABROOK. Say the lot is
worth a thousand dollars, a railroad
comes past and locates a depot there
in front of him, cuts off his side-
walk, nevertheless the lot valued by
an assessor is worth two thousand.
How would that be?

Mr. THOMAS. If those gen-
eral benefits, if all the lots around
were worth as much more —

Mr. ESTABROOK. If you take
that lot I admit then you only regard
the general question, if you allow
him to keep it, inasmuch as you
have not damaged it, can you recover
damages?

Mr. THOMAS. If there are any
special benefits.

Mr. LAKE. Mr. Chairman. It
seems to me that the insertion of
this word "general" would make the
Constitution in such a form, that it

would be beyond the power of the
Legislature to adopt any other rule
than that which the courts of this
state, and several other states have
adopted. I have not a doubt but that
would be the result, that it would
enforce the same construction, the
same rule and decision as has been
adopted by the courts of this state
as referred to by the gentleman
from Otoe (Mr. Mason.)

The rule has been stated two or
three times by the gentleman from
Otoe, that it would be in case of the
taking of property first, the value of
the property actually taken, then the
damage done to the remaining por-
tions of the property not taken, de-
ducting, if there are special benefits
accruing to that individual not en-
joyed by the others in the communi-
ty, adding it to the value of the pro-
perty taken, which would make up
the amount of damages sustained.

Mr. STEVENSON'. Mr. Chairman.
I think the insertion of that word
"general" would leave that amend-
ment where it was before Mr. Man-
derson moved it. I cannot see that it
would make an iota of difference. I
cannot conceive any case where there
would be benefit so special to a par-
ticular party and not to others con-
cerned. I claim the committee who
got this article up got it up so that
it will be satisfactory to the whole
people without an amendment, and I
j think that word "general" would
accomplish the very end the.^ men
have been fighting for.
i Mr. MASOX. Mr. Chairman. I
desire to say that if the word "gene-
ral" is inserted the rule of damages

GENERAL BENEFITS— DAMAGES

391

Friflay] MAS

Will be fixed by the Constitution, and
it will be as I have previously stated,
and the Legislature cannot change
it. I desire further to explain the
reason of my earnest opposition to
the amendment, so that if it had
prevailed then the Legislature might
under the lash of the whip, or spur
of any of these corporations establish
a rule by which general benefits could
have been set off against the damage
done to the remainder of the estate,
and my own individual opinion is
that the article is right without the
word "general;" though I do not as
I said before, deem it of that danger-
ous character that I did the first
amendment. And I might say I
desire to fully comprehend and un-
derstand the language that was used
in the article which was re-commit-
ted to the committee, most of which
was prepared by the gentleman from
Douglas, Judge Wakeley. I think I
do understand it; and the article ful-
ly commends itself to my judgment
without amendment at all. And if
the committee desire to adopt the
rule which I contended for as just
this afternoon this amendment should
not prevail; and if they desire to fix
the rule as laid down in Congress
now — that is to say, to deduct special
benefits, I think it ought to pre-
vail. I have been at a loss to see
what are special benefits. I am now
and I would be if I were asked to
state a case of special benefits con-
ferred. It would trouble me much.
I do not know that I can do
better than to refer to the case
I alluded to in Pennsylvania in the
discussion this afternoon. It puts it

[Jul.v n

beyond question that benefits, speci-
al or general, can be considered. If
the provision should prevail without
amendment, of course the Legislature
might say that particular benefits
might be deducted from the damage
done to the remaining portion of the
land not taken. I think the Legisla-
ture might say that, if the section
were adopted as it reads, that par-
ticular and special benefits might be
deducted. If the word "general"
should be inserted then there would
be nothing left with the Legislature
or anybody else. It would be fixed in
the Constitution and be the same as
that now laid down by the district
courts of this state. If the amend-
ment prevail then the Legislature
may state that particular benefits to
that portion which is not taken but
damaged, that those particular bene-
fits may be oifset against the dam-
ages done. Xow, for my own part, I
have no very serious objections to
this rule, while as an individual I
never deviate from what I regard as
a right course of policy. Now I can
see some reasons, founded in policy,
why the word "general" should be
inserted, but that my views of the
rights of property, that is private
property, are that it is so sacred that
no benefits either special or general,
which accrue to the Individual, when
the property is taken against his will,
should ever be set off against the
value of the property taken, or
against the damage done to the re-
maining portion. I say I can see
no reasons founded in policy why
this should be done, but as a ques-
tion of abstract right I mi.ght say it

392

DAMAGES— BENEFITS

PYiflay)

ESTABEOOK— MASON

(July 14

•ought not to be done.

Mr. ESTABROOK. I have listen-
ed with a good deal of interest to the
statement of the views of my friend
who has just sat down; and I would
like to ask him if it was iu fact in-
creased in value should there be any
damage allowed

.\ir. MASOX. I lefer the gentleman
to a case published in the Law Re-
view of the City of Boston, which oc-
curred in the City of Boston, I can-
not place the case, nor the number of
the Review, in which the property
oweur had a residence worth upward
of $1(J0, 000 overlooking the bay, situ-
ated on a high hill, and the railroad
company, in the construction of their
road made an embankment, some
hundred feet high, and cut off from
the road the property which was de-
stroyed and ruined, without touching
it, and the court held there was no
remedy in the law, and when I pre-
pared this argument I had this case
in view.

Mr. ESTABROOK. You say he
was injured and ruined. Suppose it
was increased in value?

Mr. MASON. Who shall say? It
was taken against his will.

Mr. ESTABROOK. Not taken at
all.

Mr. M.-VSON. It was damaged,
damaged against his will. He did
not want it; he said it was a nuis-
ance.

_ Mr. EtSTABKOOK. I siippo.sed a
case where it was really ruiiu-d.

Mr. MASON. Now, I will put this
case, while I answer the neiitlc-
inaii. I trust he will sit still and be

content to work in the harness for a
single moment. Now, sir, property is
taken or not taken, damaged or not
damaged by the construction of the
road. If not damaged there is no
question here. Now what does he
say? He says the property was dam-
aged, but he received the benefits
and I propose to offset the benefits
against the damages. I think the
committee understand me fully, and
I do not know from the vote which
w-as taken, that it is absolutely neces-
sary that the gentleman from Doug-
las should understand me. I see
what the struggle is, and so does
every gentleman in this convention.
The struggle is to say that because
the property owner derives inciden-
tal or general benefits, that those
benefits shall be offset against the
damage done to the balance of the
estate. If the gentleman objects to
the word "general" he and I agree.
.\11 I desire to say now, so that the
committee might understand if they
vote down the word "general" un-
til the Legislature say the particular
benefits may be offset against the
damage done to the estate which is
untaken — it cannot be so settled. But
if the word "general" is put in this
rule is fixed and the particular bene-
fits will have to be set off in every
instance. And if the word "general"
is inserted it leaves the rule fixed in
the Constitution the same as in the
courts. If the word "general" is
left out no particular benefits, in my
opinion, can he set off against the
damage done to tne property which
is not taken until the Legislature
says it may be ; and they may say it

COMPENSATION

393

THOMAS-MANDEKSON-MASON

IJuly 14

may be if this section shall rgo intoj
the Constitution without amendment.
I shall cast my vote against the in-
sertion of the word "general."

Mr. THOMAS. What I am afraid
of in this provision is that if the State
should open a street the provision
should apply. If a city opens a street
and goes through certain lots what
compensation should the owner of
these lots receive? Ought it not to
be the difference between the value
of the lots, and what the value of
the lots may have been. I admit that
where the railroad has brought bene-
fits the reason which has been urged
liere, may apply. Now the county
opens up a road, and a certain piece
of property, not touched may receive
certain benefits which actually in-
crease the value of the property, and
should not compensation be given?
Now this is one reason why I fear
this provision; if this principle ap-
plied only to railroad corporations.
I would not have this objection, but
it applies to all corporations.

Mr. MANDERSON. Mr. Chairman.
I hope this discussion will not be
pursued now. It is getting late and I
move we now adjourn.

Mr. STRICKLAND. I favor that
motion myself, Mr. Chairman, for
the reason that I would like to look
up this question.

Mr. BALLARD. Mr. Chairman. I
hope this motion will not prevail, I
hope the members of this committee
will remain until we vote upon the
question.

Mr. MASON. Mr. Chairman. I hope
this motion will be voted down. I
liopp the committee will stand here

; until the rising of tomorrow's sun,
I if we do not come to a vote upon this
i question before, unless the gentlemen
upon the other side will promise that
this matter shall not be taken up
until Monday. I have to go to Ne-
braska City tomorrow, to attend to
official business and I cannot be here
to vote upon the question, as I de-
sire to do.

Mr. MANDERSON. Mr. Chairman.
If the gentleman had no other time
to argue this question, I would not
insist, but the question will come up
again. The entire article is to be
adopted, and we can debate it then.
It is now after our usual hour for
adjourning.

Mr. MASON. Mr. Chairman. I
am willing to adjourn, and come back
here tonight, or I am willing to pass
this over until Monday, when the
whole convention can be here. To-
morrow, I am compelled to be ab-
sent, and others are compelled to be
absent. I am not willing to adjourn.
I am willing to stay here until tomor-
row morning.

Mr. STRICKLAND. I confess that
I have listened to this discussion
with more interest than to any other
question which has come up. What
I want is time.

Mr. ESTABROOK. Mr. Chairman.
I don't know whether we are abso-
lutely controlled by the embodied
wisdom of one gentleman from Otoe.
It is time to know who runs the ma-
chine.

Mr. MASON. Mr. Chairman. I
regret most exceedingly that it should
be deemed advisable, upon the part of
particular gentlemen to direct their .

39i

MASON'S PERSONAL DEFENSE

Friday I

MASON— STRICKLAND— MANDERSON

(July 14

"buncombe" towards me. This has
been done in more ways than one. It
is a course of argument which I am
opposed to. I desire to avoid it; but
if it must be continued, open your
batteries, and we will slay you with
the guns yourselves have cast. I
tell you gentlemen, I want to vote
upon this question. I don't desire
that gentlemen shall prevent me from
voting, when my judicial duties call
me away, at this time. I am charged
with dictating. Instead of dictating,
I stand here as an humble suppliant.
If there has been a dictatorial voice
in this convention, it has not been
mine.

Mr. STRICKLAND. Will the gen-
tleman consent to adjourn, if we say
we will discuss this question, when
the gentleman is ready,

Mr, MASOX. Yes, sir. What I
desire to do now, is to repel these as-
saults which have been made upon
me, and to ask you that it go no fur-
ther. If I fall, I will fall with my
feet to the foe, and bear in mind, it
is not I who have made these per-
sonal allusions; and never while I
have breath, will I try to dictate to,
or influence any man, except by logic
and reason; I don't mass any se-
cret assemblies to accomplish my de-
signs, I stand upon what reason I
can give, and now, an humble sup-
pliant, ask that this convention shall
votedown thismotion to rise, but .will
take a vote now, unless the gentle-
men will give me a chance to vote, at
some other time, upon tins quostion.
It grieves me — yes sir, 1 am both
pained and annoyed to hear the per-
sonal allusions that have been made.

I came to this convention with no
preconceived notions to gratify or
carry out, I regret that gentlemen
deem it necessary to make assault
after assault upon me. There is no
uncaged lion here, but there may be
one here who fears no danger, and
trembles at no evil which inventive
minds may suggest,

Mr, ROBINSOX. Mr. Chairman. I
move that the committee do now
rise, report this article back to the
convention, with the recommendation
that it be made the special order of
business for Tuesday afternoon. I
offer this as a substitute motion.

Mr. MANDERSON. Mr, Chairman.
I would accept the amendment but
for one reason, and one only. It has
been the practice of this convention,
to take up no Article reported to
the convention unless in the presence
of the Chairman of the Committee,
When I made the motion, I did it
with no such base designs as the gen-
tleman from Otoe (Mr, Mason) seems
to think, I did it in good faith. I
would certainly not be in favor of
going into this question in the ab-
sence of the gentleman.

Tilr. LAKE. Mr. Chairman. I
don't think it is the disposition of
any member of this convention to
take up and consider an Article in the
absence of the Chairman of the com-
mittee. If Judge Mason cannot be
here tomorrow morning I certainly
am opposed to taking the Article up.

Mr. ROBINSOX, Mr, Chairman. I
insist on my amendment.

Mr. LAKE. Mr. Chairman. 1 will
objecl to this aniendmeni, for ilio
reason tlial wo may ha\c sonic nunier

ORDER OF BUSINESS

SfiS

Saturday]

WAIvELEY-ROBINSON

[July IS

under consideration at that time and
may not wish to talce this up.

Mr. WAKELEY. Mr. Chairman.
It seems to me that there is no oc-
casion for this manifestation of spir-
it from different parties here. I
have seen no disposition to preos any
matter to a vote. I can spealv for
myself and will say now I will never
votefor bringingup anything because
of the absence of any of its friends.
I care not whether he is the humblest
member of the committee or the
chairman of the committee. 1 see no
necessity for making this the special
order for any particular day. For
myself I can not be here on Tuesday
next. I wish to vote on this proposi-
tion, but if a majority wish to bring
this on, on Tuesday let them do it.
Now, sir, cannot we address ourselves
to the work of this convention in the
spirit of business and trust each
other? Let us go back from the com-
mittee of the whole and agree upon
such a plan as will take from no man
his opportunity to vote his views on
any question.

Mr. ROBIXSON. Mr. Chairman.
I have a few remarks to make; inti-
mations of unfairness liavc been re-
ferred to but I think there have been
no intentions; but one gentleman
from Douglas made a plain state-
ment, he said, "you cannot choke off
in that way."

Mr. MANDERSOX. Do you mean
me?

Mr. ROBINSON. No" sir, I mean the
gentleman on your right.

Mr. MASOX. I hope the com-
mittee will rise, for I feel that I can
safely trust the convention, and

have thought so all the while when I
said I would have to be absent. For
this reason I hope the gentleman will
withdraw his motion making it the
special order for any time.

I Mr. ROBINSON. Mr. Chairman.
With the consent of my second I will

1 withdraw the motion.

I The CHAIRMAN. The question is
on the motion that the committee
rise.

The motion was agreed to.
Mr. GRIGGS. Mr. President. The
committee of the whole have had un-
der consideration the report of the

I committee on Bill of Rights and
have instructed me to report progress
and ask leave to sit again.

Adjouriiniont.

Mr. LEY. Mr. President. I move
that the convention do now adjourn
until 9 o'clock tomorrow morning.

The motion was agreed to.

So the convention (at six o'cloclv
and forty minutes) adjourned.

TWENTIETH DAY.

Saturday, July 15, 1S71.
Convention called to order at 9 a.
m. by the president.

Pi'ayer.

Prayer was offered by the Chap-
lain, as follows:

"Almighty and allwiseGod, who art
able to command the light to shine
out of darkness, make plain before us
the path of duty, we beseecli Thee.
May this convention provide well for
the State: may the work here done
be strong enough to endure the

396

REPORT OF PRISON INSPECTORS

Satm-day]

[July 15

shock of parties and the wear of \ the preceding day, which was ap-
years and to God, the only wise, shall proved.
1)6 praise through Jesus Christ, even

praise and glory for ever. Amen."

The secretary read the following
Reading of Journal. report from the Commissioners and

Petitions and Communications.

The secretary read the Journal of i Inspectors of the Penitentiary.

State of Nebraska, OflHce of State Prison Inspector.

Lincoln, Nebraska, July 15. 1871.
Hon. S. A. Strickland, President Constitutional Convention:

Sir: — In compliance with a resolution requesting information in regard
to the Penitentiary Lands and expenditures of the Prison, we herewith
transmit to your Honorable body the following report.

Very respectfully your obedien* servants,

W. W. Abbey,
F. F. Templin,

State Prison Inspectors.

The following is a statement of lands sold prior to Nov. 30, 1870:

swJa
neii .
seM .
neJi .
nwJi'.

neJi .
all of
aeH .
nei-4' .
neJi .
seH .
seh .
swhi
nwj^.
s^h .
^H ..
^% BeH,
aeH
neJi
swJi

ne>-4 ;.
swJ4 .

161

9
4

4j
8
3 1
8[
()|160

(J 11.59

4I
5
(i
5
4
5
5
(J

ISO
160
160
43-100
160
160
160
640
160
48-100
160
59-100
160
160
79-100
160
320
80
160
160
160

160
160
330

TO WHOM SOLD

Julia Odell $5 00

Samuel Miller -^50

Theodore S. Ganter. 5 00

John JeEfries T 00

H. Hurty o 00

John P. Lottridge. . . 5 0(

J. G. Dodge 5 00

W. C. Bavown r, 00

John D. Lottridge... C> 00

J. M. Chapman 5 00

J. T. Thompson 5 Od

Samuel Miller 5 00

W. H. B. Stout 5 00

John McManigal .... 5 00

John T. Dillon i '> 00

John T. Dillon ; 5 0(»

J. T. Thompson 5 00

John McManigal 1 '> 00;

Peter Mill ! 5 OO!

John T. Dillon j 5 00

Susan M. Clute,
Mary S. Wright

WHEN SOLD

5 00

f) 00

A. L. Thomas 5 20

assignee

Daniel L. Smith
Geo. W. Boyd . .

$809 00 June 6,

880 00,

800 00 1
1130 00,

800 00

800 00;

800 OOl
3200 OOj

80O OOi

822 40

800 00 ;

877 15
800 00 ,
800 001
003 95
800 OOj
1600 OOlJune 7,
400 OOSept. 29,
800 00 " 28
800 00 '• 28

1870

Sept.

June
Sept.

8
13

8
14

28,
28

6,
29,
28
28

1870
1870

800 OOj

800 00
800 00
1664 00'

EEPORT OF FRISOIN INSPECTORS

39T

Statement of Lands sold prior to Nov. 30, 1870 — Concluded

sej^ .
nwj^'
n>4. . .

nwij. ...
nejj' ...

sej^

w3''2 nej'4
wJi seJ-4
nwj^. .
e)^ ....

SWJi

1
8

:-iO

TO WHOM .SOLD

147
1.60

311 17-100
320
320
320
160
160
160

80
160
320

328 30-100
160
320

Samuel McOlay . . .
Carlton Loomis . . .
.41pheus Hardy . . .
Alphous Hardy
Hugh Montgomery
Hugh Montgomery
Chas. F. Tempi in. .
Elizabeth Helvy
John D. Lottridge.
E. J. Connelly, Jr
John McManigal . .
Addie Beecher
W.W.Holmes and

S. P. Briggs

Truman Buck

Samuel Patterson .
W. H. B. Stout

7 00
5 00
5 00
5 00
5 00
5 00
5 00
5 00
5 00
5 00
5 00
5 00

5 00

6 00
5 00
5 00

1020
800
155.5
1600
1600
1600
800
800
800
400
400
800

WHEN .SOLD

June 6, 1870
Sept 28, 1870

" 28, "
June 6, 1870
Sept 28, 1870
June 7, 1870
Oct 1, 1870
June 7, 1870
Sept 28, 1870
Oct 1, 1870
bept 29, 1870

" 29, "

1600 00
1969 80 (
800 00
1600 00 Sept 28, 1870

28, ••
Oct 1, 1870

Total $41 ,030 76

Number of acres appropriated.
Number of acres sold

32,044 00
. 8.111.76

Number of acres remaining unsolr

398

REPORT OF PRISON INSPECTORS

Statement of Lands Sold Since Nov. 30Ch, 187U

nwj^ . . . .
neJi ....

wj^

se}4

neJa

swJi

seJa

seJi

s}4 se^..
n% seJi..
neJi ...
neJ4 . .. ..

ne*4

ej^ nelt. .
s>| nei4..
n)<; se^4 . .
s}i ....

sei4

v,-y., SWI4'.

ej-^ 8W'4..

nw'4

se I4

nw '4 , . . .

s H

n'A

nei4 . .

neht

nwi4 ...

sw'4

nwi4

nwi4 . . .

a}^ nwJi .
nf^ nw'4 .

w''2 8W'4

e}4 sw'4.

wi^

n>^

swW

seJa

w'i

ne'4 . . .

91 5:

8 6;

II 6

14 (i

10 8

10| Si

24' 10, 8

2(i|'lO| 8,

2HI10 8

241121 8:

28 12 8'

32I12 8^

2j 8 7'

2(>l 9 7

2(ii 9 7'

121 9 7;

12i 9 7

14! 9 -'

\4\ 91 "■

201 9j 7

20 91 7!

20 91 7;

3|
91
9!
9!
1011
islui
2211

TO WHOM SOLD

160 HCRiorden, Bracken

320 Thomas Doane

160 Kion Percy

160 Claudius Jones

320 Elon Percy

320 R B Packard

159.44 VV W Wilson

160 Kdgar Holmes

.32.J.14 Thomas Doane

160 JEion Percy

160 |W J Everhart

160 I Henry Eaton

160 lA R VVightmau

160 !J H Coiirter.

80 .r J Hochstetter

80 :.I .J Hochstetter

160 '.] .1 Hochstetter

160 iW W Holms

167.48 W W Holmes

80 S F Shaw

80 Peter Campbell

80 ;Wm J Miller

320 !(;eo R Swallow

160 IC Bowker

80 W J Miller

80 J R Vanmeter

160 !W W Wilson

160 ID J C^iinby !

160 |Wm Dailey

3i!0 |C Bowker

.320 il) J (juinby

147.84 John H Bracken. ...[

160 Prentiss D Cheney..!

160 J N Kchnian 1

160 D A Sherwood |

160 W R Phillips i

160 |W R Phillips ....

80 I Joseph Jones

80 iAlexander Rose. . .

80 Edgar Jones

80 Wm Jones

320 Phillip Rhodes...

320 J J Hochstetter...

160 8 K Shaw

160 Jane Sarzitin ,

314 .'i2|W W Wilson

160 JElon Percy

WHE.V SOLD

3 70!

4 05i
4 80:

3 15j

4 60I
4 05

3 00

4 15

4 10

5 00
4 50
3 85
3 85
3 60
3 25
3 25
3 25
3 50

3 35

4 95I
3 00
3 00;
3 00
3 50
3 50
3 50
3 00
3 00

3 50

4 00,

3 00]

4 00!

4 10,

5 05

4 00

3 70

5 05

4 80

3 70

4 05
3 50
3 60

592 00 -May 1, l!<71

129(i 00

768 00

504 00
1472 00
1296 00

478 32

()64 00
1333 07

800 Oul

720 00

616 00

576 00

260 00

260 QO'

520 00;

5()0 00

561 05:

.396 00' June 8,

240 00 " 8.

240 00 .May 1,

960 00 •• 3,

.560 00 '• 3,

280 00

480 00

4S0 00

56(1 00 June 8,
12.S0 00 May 1,

960 00; •

590 l(i •

656 00 '

808 00| '

(540 00 •

592 00 '

808 00; '

768 00 June

372 OO'May

372 00, '•

372 00; '•

372 00' "
1296 00 •'
1344 00 ••

592 00 •■

648 OOJJune
1100 82 ••

576 OOlMav

REPORT OF PRISON INSPECTORS

39;>

statement of Lands Sold Since Nov. 30th, 1870

sjhi .... '6

SWI4 10

3WI4 114

WI4

ne.H j34

nio se\.. 34

s>-2 se'j.

swJi

ej^

se^i

swJi

nwl4 . . . .

wV^

wi^

11WI4 . . . .

TO WHOM SOLD

Sel4 2210 8

seJa.
ne'ii.

160
160
160
160
320

160
320
304
160
160
160
320
320
160

159
158
158
160
160
160
80
320
320
320
320
320
160
653
320
321.
320
320
320
337.
328.
318.
320
320
320
160
320

Edmund Millett

Edmund Jlillett

Geo H Stocking

Moses Stocking

H C Riordan and
John H Bracken. . .

Thos and Michael
Barry

iThos and Michael
Barry

[W W Wilson

C Bowker

iC Bowker . ...
43 Freloue A Benton. . .

.1 .1 Hochstetter . . .

i.Janies M Chilton ...

James M Chilton ....

J J Hochstetter

M L Wheeler and C
F White

Geo W White

24 Albert F Smith

24|C Bowker

J G Meak

M L White

Joseph Laveiace

S F Shaw

T B Wallis

J W Sibley

Jeff Shicken

W H B Stout

John D Lottridge

50 Ira Davenport

WHEN SOLD

3 50,

3 Oft,

4 301
3 50

560 001 June 8, 1871
480 OOj •' ■•
688 OOJMay 1, 1871
.^60 00' •' 1,

3 50j 1120 00

4 50 720 00

4 50
4 50
4 05

3 50

4 00
4 30
4 20
4 00

4 60;

360 00|

360 00!
648 00
1120 00'
1217 72i
688 OOi
672 Oul
640 00
1472 OOi

4 30| 1376 00'

53 "

IWm Daily.

3 25
3 25
3 00
3 00
3 50
3 50

3 50

4 10

3 75

4 30
3 70

3 80

4 00

3 55

4 00
3 70
3 70
3 oOi
3 801

3 50

4 30[

4 30

5 00

3 75!

4 lOl
4 lOi
4 851
3 50!

520

511

474

.560

560

480

328

1200

1376

1184

1216

1280

.568

2614

1184

1189

1120

1216

1120

1444

1411

1.594

1200

1312

776

1120

OOjJune 8

00 May 2,

00| " 1,

OUi " 1,

OOijune 3

400

REPORT OF PRISON INSPECTORS

Statement of Lands Sold Since Nov. 30th, 1870

^K ■

swJ4
ne^.

n}4 nwj^.
s}4 nwj^.

swJi

nej^..
Be:Ji . .
sej|..
86 Ji ..

nej^..
se y . .
neJJ..
swji .
swJa' .
nw34' .
all ...
nj^ ..
nwj^.

154.
314

leo

160
160
160
320

160
160
160
160

160
160
160
160
160
160
639
320
154.
318.
320

TO WHOM SOLD

Ira Davenport.

S F Shaw

D G Matthews and K

K Shaw

D G Matthews and R

K Shaw

Jane Sarzitin

Daniel S Baker

W W Holmes

Sarah, Percy and Sar

ah S Parker

H C Riordau

O F White

U F White

Mima J Ruby

W P Ensey

C F White. ...
W P Ensey . . .
S W Gichrist

Total

4 75

732 04

3 75

1180 91

3 50

560 00

3 55

568 00

4 50

720 00

3 80

699 82 .

3 50

1120 00

4 10

328 00

4 10

328 00

4 10

656 00

4 25

680 00

4 50

720 00

3 65

584 00

4 55

728 00

4 55

728 00

5 25

840 00

3 70

592 00

4 00

640 00

4 05

648 00

4 05

648 00

5 00

3196 OU

3 25

1040 00

4 05

665 20

3 55

1132 00

3 50

1120 00

WHEN .SOM)

3,
3.
3.
3,
June N,

RECEIPTS

From sale of lands to June 30, 1871 $136,

EXPENDED
Paid in the construction of the penitentiary and the necessary in-
cidental expenses from the funds arising from the sale of lands 87

Balance in the state treasury June 30, 1871 ( 49,

Paid for erecting temporary penitentiary as per special appropri-
ation approved March 4, 1870 . . $ 5,

Total amount expended to June 30, 1871 $92,

No. acres of land appropriated for penitentiary purposes 44,

No. of acres sold to June 30, 1871 32,

946.81
090.61

000 00
946.81
795. 0(i
438.10

Remaining unsold 12,356.96

Average price per acre $ 4.109-

W. W. Abbey, Inspector.

F. Templin, Inspector.

REPORT OF PRISON INSPECTORS 4UI

[July 15

Nebraska State Prison, Warden's Office, Lincoln, Nebraska.

June 1, 1871.
To the Honorable Board of Inspectors:

Gentlemen: — In compliance with your request I herewith submit to
you a condensed statement of the affairs of this prison from December 1st,
1870 to June 1st, 1871:

CASH RECEIPTS

Dec. 2(i, 1870 Lancaster county, account keeping prisoners $ (i9.(i0

Feb. 1871 Gate receipts for months of Dec, Jan. and Feb 12. .55

Feb. 28.1871 Received of H. Ashman on account of mercliandise d.lO

April 1871 Gate receipts March and April 15.75

Gate receipts May ... 12.85

May Received on account of boarding foreman 18.25

Total $138.10

ASSETS
Due Nebraska State Prison

Stout ct Jamison, convict labor $2,000.75

Lancaster county, keeping county prisoners 14.41

James M . Jamison . . 9.25

Hamilton county, to keeping prisoners 257 30

Amount of property as per inventory 2,873 65

Total $5,1S5..3K

Dec. 1. Number of prisoners in continenient 1870 3:!

Received since I>ec. 1st .... 12

Pardoned 7

Escaped 10

Remaining 28

EXPENSES

December 1870 $1,. 314. 58

January 1871 1,493.16

February " 1,147 14

March " 1,490.13

April " .. I,(i57.74

May " 1,443.70

Total $ 8,552.45

Expenses over receipts for year ending Nov. 30, 1870 10,07().81

Total expenditures since July 1870 $18,628.12

402

REPORT OF PRISON INSPECTORS

List of Officers and Salaries of Nebraska Prison.

No.

1. T. O. Fielding, Warden
1. Leroy Royce, Deputy
1. A. Patterson, Physician
1. .J. ,T. Roberts, Chaplain

1. Chas. Whipple, Guard

2. Joseph S. Phebus, Capt. Night watch

3. S. W. Sheridan, Night watchman

4. H. lligly,

5. Jas Brown " "

6. R W. Fielding " "

7. Walter U. Snow, Gate "

8. Wm. Dilworth, Picket "

9. W A. H. Coday, "

10. Thomas P.rown, " "

11. Winson Hunt, Gardner "

(per month)

$li-'-5 00
7.5 00'
75 00
25 00
35 00
50 00
35 00
35 00
35 00
35 00
30 00
30 00
30 00
30 00
30 00

Since making up the above list I have decided to cut oft two of the number
and thus reduce our number of guards to eight and dispense with the gard-
ener. I am satislied after my short experience here that this number
will be sufficient for tlie safety of this institution.

T. C. FIELDING, Warden.

The Secretary read the following
communication:

Omaha. Neb.. .July 12, 1S71.

Honored Sir; — Your official com-
munication addressed to the State
Board of Immigration embodying the
resolution of the Constitutional Con-
vention of Nebraska was duly re-
ceived, and in response thereto, I
beg to say that, as tar as the resolu-
tion may be construed to apply to the
office of State Superintendent. 1 shall
be pleased to reply immediately after
the meeting of the Board of Immigra-
tion, which convenes 20th inst.

In meantime I have the honor to
be your most obedient servant,
.1. H. NOTEWARE,
State Supt. Immigration.
State of Nebraska.

To HON. S. A. STRICKLAND,

Prest. Constitutional Convention,
State of Nebraska.
The Secretary read the following
communication:

To the Hon. the President of the
Constitutional Convention.

Sir: — I have the honor to inform
you, and through you, the honorable
Convention over which you preside
that I have had placed in my custody
100 copies each of "Woodhull &
Claflin's Weekly." and "The Revolu-
tion," for the use of the Convention,
and which are at their disposal.
Lincoln, July 15, 1871.

MRS. LYDIA BL'TTLER.

President of the Ladies' Suffrage
Society. State of Nebraska.

Mr. ESTABROOK. Mr. President.
1 move you. sir, that the thanks of
this Convention be returned to the
donors, and that the clerk be directed
to receive the papers for the use of
such members as desire to see them.

The ayes and nays were demanded.
with the following result: .\yes, 26;

i->^ It!— .\s follows:
Ayes.

Ballard.

Cassell,

Curtis,

Estabrook,

Kirkpatrick,

Granger,

Kenaston,

Kilburn.

Lake,

Gibbs,

WOMAN SUFFRAGE

i03

McCANN-CASSELL

Lyon,
McCann,

Majors,

Manderson,

Maxwell,

Moore,

Neligh,

Philpott,

Abbott.

Campbell,

Eaton,

Gray

Griggs,

Hinman,

Parchln,

Price,
Reynolds,

Shaff,

Speice

Stewart,

Thummel,

Thomas.

Tisdel,

Nays.

Scofield.

Sprague.

Stevenson.

Towle.

Vifquain,

Wakeley.

Weaver,

Wilson,

Absent and Not Voting.

Boyd, Robinson,

Mason, Hascall,

Parker Newsom,

Grenell, Woolworth,

Myers,

The motion was agreed to.

Mr. McCANN. Mr. President. I
move that the further order of busi-
ness be dispensed with and that the
Convention resolve itself into com-
mittee of the whole to discuss the
report of the committee on future
amendments.

Female Suffrage.

Mr. CASSELL. If the gentleman
from Otoe (Mr. McCann) will give
way for a moment, I have a memorial
to present.

Mr. McCAXX, I give way for the
present.

The secretary read the memorial as
follows:

To the honorable Constituti-
onal convention of the State of Neb-
braska.

The undersigned, your memorial-
ists, respectfully demand that in the
constitution now being framed, pro-

vis on shall be made for extending to
females, precisely as to males the
right of sufrage. In support of this
demand, we respectfully submit the
following propositions:

1st. By the fourteenth amend-
ment to the Constitution of the Unit-
ed States, the complete citizenship of
females, as well as males, is declared;
and by the fifteenth amendment the
right of all citizens to vote is distinct-
ly affirmed.

2nd. Females are governed ex-
actly as males. To do this without
their consent is unjust. The onl.v
method of declaring such assent is
through the ballot box.

3rd. Females are taxed in all re-
spects precisely as males. Represen-
tation as a corollary to this liability
Is demanded by principles lying at
the very foundation of Republican
government.

4th. Negroes have been elevated
from the degredation of slavery to
the plane of respectable citizenship
by the ballot, and it is universally
conceded that the cause of civilization
and republican government has been
advanced thereby. In our opinion
the mothers, wives and sisters of the
State are no less worthy the privi-
leges of complete citizenship.

5th. Lunatics, idiots and chil-
dren, by reason of immature intel-
lect, together with such persons as
are convicted of infamous crime, are
excluded from the privileges of the
ballot. We deem it an indignity, illy
deserved, by females exempt from
these disabilities, to be placed ir-
revocably and by constitutional law
in this category of incompetent per-
sons and outlaws.

6th. Emigrants from' the old
world, never admitted to the right
of suffrage in their native country,
and wholly unused to the contempla-
tion of matters of governmental con-
cern, are allowed the privileges of
the ballot six months after landing
on our shores. A recognition of the

404:

SELECTION OF PAGE

Saturday]

PRICE— L A K E— PHTT.POTT

[ July 15

superiority of these to the intelligent
native born women of the State by
our fundamental law is an indignity
against which we respectfully but
most earnestly protest.

For these among other reasons, we
ask this our prayer be granted:
Mrs. Lydia Butler, Mrs. Jennie Cas-
sell, and 71 others.

Mr. BOYD. Mr. Chairman. I
move to refer the petition to the
Committee on Rights of Suffrage.

The motion was agreed to.

Resignation of Page.

Mr. PRICE. Mr. President. I wish
to offer a resolution. The secretary
read the resolution as follows:

Resolved, that this Convention
dispense with the services of Master
Whitesides, as page.

Mr. STEWART. I move its adop-
tion.

Mr. TOWLE. Mr. President. I
would like to hear from the mover
of the resolution, his reason for of-
fering it.

Mr. PRICE. My reason is that
we want a page who will pay a lit-
tle more attention to the business on
this side of the House.

Mr. LAKE. Mr. President. It is
disagreeable to me to say anything
favoring a resolution of this kind, but
it is well known on this side of the
House, that almost ever since the
commencement of this convention,
we have been practically without the
services of a page; while the young
man upon the other side of the House
(Master Odell) has been very atten-
tive, we have had great difficulty in
having our matters attended to. If
we desire anything from the other
side of the house it is hard to get the
attention of the page, and we gener-

ally have to go ourselves. Yesterday
afternoon he was absent a great por-
tion of the time, and several times
during the afternoon I had use for
papers and books which were on th&
other side of the House, and was
compelled to pass between the gen-
tlemen on the floor and the chairman.
All this is very disagreeable. We
want the service of a young man who
will be very prompt and attentive
during the sessions of this body;
one who will be ready at the call of
any member of the convention. These
are the reasons; there are others,
which, perhaps might be urged but
I prefer not to mention them.

Mr. PHILPOTT. Mr. President.
With regard to Master Whitesides, I
will say that he wishes to resign. I
will say further that he has had no
one to look after him, or call his at-
tention to his duties. If it had been
he would have been more attentive.
I move that the resignation of Mas-
ter Whitesides, as page to this con-
vention be accepted.

Motion agreed to.

Election of Page.

The PRESIDENT. The question is
upon proceeding to the election of a
page.

Mr. CAMPBELL. Mr. President.
I move that we elect by acclamation
Master Wakeley.

The motion was agreed to.

Mr. WILSON. I move that a vote
of thanks be offered to our young
gentleman on this side of the House,
(Master Odell) for his faithfulness.

Mr. HIXMAN. He may not do so
well afterwards.

Mr. WAKELEY. Mr. President.-

ELIGIBILITY FOR OFFICE

405

Saturday]

■WAKELEY-ESTABROOK-CASSELL

[July 15

with the consent of the Convention,
I feel like thanking the convention
for the selection of the young boy
whom they have seen fit to elect. I
hardly think it necessary to say
that my connection with this Conven-
tion had anything to do with his
selection. If I thought it had I
should feel bound to deny it.

Mr. CAMPBELL. Mr. President.
I thought nothing about it until this
matter was brought up, and saw the
young man here and I noticed he was
a bright and active boy.

Mr. ESTABROOK. This young
man, (Master Wakeley) lives near
my home, and he and his father have
roomed with me since he came down
here and I am satisfied he did not
come here to get office. He is called
"Toadies" and all you will have to
do is to call "Too" and he will come.

Unfliiished Business.

The secretary read a resolution
offered by Mr. Cassell as follows:

Resolved, That it shall not be
lawful for any member of this con-
vention to be a candidate for any
of the offices created or provided for
In tills coMstitLiti'in lor the period of
one year.

Mr. TOWLE. Mr. President. I
move the resolution be referred to the
committee on schedule.

Mr. PHILPOTT. Mr. President.
I move the resolution be laid on the
table.

Mr. ESTABROOK. I hope that it
may go to a committee as it is a mat-
tre of more importance than might
seem at first sight.

Mr. NEWSOM. "What is the mat-

ter with you " (Laughter.)

The PRESIDENT. The question is
on laying on the table.
! The "ayes" and "nays" are de-
manded.

The secretary proceeded to call
the roll.

Mr. PHILPOTT, (when his name
was called, said,) Mr. President, I
rise to explain. There is a gentleman
here which I wish to vote for for
chief justice, and another for gover-
nor, therefore I will vote "aye."

The vote was taken and the result
was announced — "Ayes," S "Nays,"
35 — as follows:

Abbott,
Campbell,
Gibbs,
Granger,

Ballard,

Boyd,

Cassell,

Curtis, '

Eaton ,

Estabrook,

Gray,

Griggs,

Hinman,

Kilburn,

Kenaston,

Kirkpatrick,

Lake,

Ley.

Lyon,

McCann,

Majors,

Manderson,

Ayes.

Philpott,
Scofield,
Shaff,
Wilson, — 8.

Nays.

Maxwell,

Moore.

Neligh,

Parchin,

Price,

Reynolds,

Robinson,

Sprague,

Spiece,

Stewart,

Thummel,

Thomas,

Towle,

Tisdel,

Vifquain,

Wakeley,

Weaver. —

Absent or Not Votin

Grenell,

Hascall,

Mason,

Myers,

Newsom,

Parker,

Stevenson.

Woolwortli,

Mr. President. — 9

406

AMENDMENTS TO CONSTITUTION

Saturday]

McC ANN— BALLARD

The PRESIDENT. The question
now is upon referring to the commit-
tee on Schedule.

The motion was agreed to.

Leave of Absence.

Mr. WAKELEY. Mr. President.
I ask leave of absence until Wednes-
day next.

Leave granted Nem. con.

Coininittee of the Whole.

Mr. McCANN. Now Mr. Pres-
ident, I renew my motion to go into
Committee of the Whole on the re-
port of the Committee on Future
Amendments.

The motion was agreed to.

So the Convention in the Commit-
tee of the Whole — Mr. Reynolds in
the chair — proceeded to consider the
report of the committee on Future
Amendments.

The secretary read the report as
follows:

Report of the Coniinittee on Amend-
ments.

By Mr. M. Ballard, Chairman
Mr. PRESIDENT:

Your Committee on Future Amend-
ments beg leave to present the fol-
lowing, and would respectfully
recommend 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 if 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 their 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 publish-

ed, and if in the legislature next af-
terwards chosen such proposed
amendment or amendments shall be
agreed to by a majority of the mem-
bers elected to each house, the Sec-
retary of State shall cause the same
again to be published in manner
aforesaid, and such proposed amend-
ment or amendments shall be submit-
ted 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
amendments 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 sepa-
rately 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 voting
thereon decide in favor of calling a
convention for such a purpose, then
the legislature at its next meeting
shall provide by law for the election,
qualification and pay of 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 necesary on the subject of
future amendments,

M. BALLARD
,10HN C. MYERS.

AMENDMENTS TO CONSTITLITION

407

Saturday]

WILSON-BALLARD

[July 15

Mr. WILSON. Mr. Chairman. I
wish to amend the first section by
striking out the words "three montlis"
wherever they occur and insert the
words "six months." There are a
great many people in our state who
do not take the papers and would not
hear of the amendment when the
time had expired.

Mr. KIRKPATRICK. I am willing
to assert that all citizens of Nebras-
ka will become acquainted with it in
less than six months, and if we ad-
vertise it that time, it will cost a
large sum of money.

Mr. THOMAS. I would like to
enquire from the chairman of this
committee, from the Constitution of
what state does the section come.

Mr. BALLARD. Mr. Chairman. I
remark for the information of the
gentleman that it is virtually copied
from the constitution of the state of
Pennsylvania, and while I am up I
will state I hope the amendment will
not prevail. It would incur an un-
necessary expenditure of money to
the people. How does this article
propose an amendment. An amend-
ment must pass through two legisla-
tures before it is submitted finally to
the people for a vote. It must be ad-
vertized three months in every coun-
ty in the state in which there is a
newspaper published. It seems to
me that by that time the people will
understand what the amendment is,
if not my constituents are much more
ignorant than I imagined they were.
The process Is slow but sure, and I
hope the amendment will not pre-
vail. As I understand it, the aim
and object of this convention has

been economy. I hope they will car-
ry it out.

Mr. LAKE. It seems to me that
the proposed amendment is entirely
unnecessary and will increase the coat
very much. This section now pro-
vides that amendments shall pass one
legislature. It must be agreed to by
a majority of the members elected
to each house, senators and represen-
tatives. Then it is to be published
three months before the next election
for members of the legislature, that
brings it before the people and they
elect their senators and representa-
tives with a special reference to the
proposed amendment to the constitu-
tion. Then it must again pass the
legislature, an entirely new body,
fresh from the ranks of the people,
chosen by the people, with the under-
standing that the same is again to
come before the legislature for their
approval or rejection. If the suc-
ceeding legislature, after it has been
published for three months next pre-
ceding the election, shall again pass
the proposed amendment it will be
pretty certain that the people have
acquiesced in it, but to be certain
that they have after it has passed
the second legislature, it is again
published for three months and sub-
mitted to the people for their rati-
fication, so that it seems to me that
all the safeguards necessary to throw
around the amendment of an organic
law is here provided for. There can
be no surprise to the people, it is to
be published for three months in all
the counties in the state where a
newspaper is published, and the peo-
ple must become conversant with the
proposed amendment. They then go

408

AMENDMENTS TO COKSTITLTION

Saturday]

ABBOTT— TO WLE—WAKEILEY

[July 15

to the polls and elect their represen-
tatives, instructing them in their con-
ventions whether they favor the pro-
posed amendment or not. Their rep-
resentatives then either .endorse or
reject the action of the preceding leg-
islature. This being done, if it is re-
jected, there is an end of it, if they
confirm the action of the preceding
legislature and again vote for these
amendments to the Constitution, it
is again published and the people
must either adopt or reject them.
I can find no fault with this provis-
ion, indeed, it seems to have received
a good deal of consideration where it
was first adopted and to have com-
mended itself to all the members of
the committee who have had this sub-
ject under consideration. We have
as to the first section the report of
the entire committee on Amendments
to the Constitution. I seconded this
amendment for the purpose of bring-
ing it before the committee, but can-
not support it.

Mr. ABBOTT. I move as a substi-
tute for the amendment, to strike
cut from the word "manner" in the
ninth line to the word "as" in the
tenth line, and add after the word
prescribe the words "at the next
general State election." .

Mr. WILSON. As it seems to me
to be contrary to the wish of this com"
mitt'ee, I do not wish to be contrary;
but I feel that even in the last adver-
tisement for this convention suffici-
ent notice was not given. If this was
so that notice could be given in all the
languages used in the state I would
not make this amendment. But I
will withdraw my motion to amend
entirely.

Mr. TOWLE. I do not think this
motion of the gentleman from Hall
(Mr. Abbott) will commend itself to
the consideration of this body. There
may be amendments proposed by the
way desired by the people that shall
be of that character that they should
not be submitted at a general elec-
tion. The legislature might adjourn
by the month or a few days previous
to the next election, it might be a
general or called session, and conse-
quently the time would be too short.
Mr. BALLARD. I hope the mov-
er will explain to this Convention
what he means ty the general elec-
tion. How will his amendment chime
in?

Mr. WAKELEY. I wauld like to
say a word in favor of the amend-
ment. It seems to me a very nocss-
sary and proper amendment. As the
! section now reads the legislature are
j left entirely to their discretion in re-
' gard to the time when the proposed
j amendment shall be submitted to
the people. It seems to me very
clearly that it is better it should be
submitted at a general election,
where there will be a full vote polled.
Everybody knows it is almost impos-
sible to secure a full vote at a special
election held for any special purpose.
And for amendments to the Consti-
tution, involving a change in the or-
ganic law as every amendment does,
at a general election, where the
greatest number of voters assemble
at the polls, is the best time. I can
hardly imagine a case in which it
will be necessary to act upon the pro-
posed amendment so speedily as to
require a special election to be hold-
en for that purpose. I object to the

AMENDMENTS TO CONSTITUTION

iOit

Saturday]

WEAVER— PRICE— BALLARD

[July 15

constitution of the state being chang-
ed at a special election for the reas-
on that it may result in adopting an
amendment which does not agree
with the sentiment of a majority of
the voters. We all know, as a practi-
cal matter, what the result of a special
election is. That those particular-
ly and specially interested in carrying
the matter which is proposed, will be
•active in rallying voters at the polls,
while, very often those who are real-
ly opposed to it and wouKlvore against
it. if they were at the election, do
not act with the same zeal and an-
gler the same stimulus and incentive
as those who have proposed the
amendment and gotten the machinery
in operation to carry it. These are
my reasons for favoring this amend-
ment. I should dislike very much to
see this section adopted in its pres-
ent form.

The CHAIRMAN. Tlie gentleman
/rom Hall (Mr. Abbott) makes this
amendment^add after the words
"manner" in the ninth line, the words
"at a general election" and strike out
the words "and at such time."

Mr. WEAVER. I can see very
well, that under the steam and force
generally put in motion at these gene-
ral elections, a reason why the
amendment should not be submit-
ted to the people at that time. I
think it should be, in all instances
proposed at a special election. For
that reason I shall vote for the arti-
cle as it now stands.

Mr. PRICE. I hope the article as
submitted by the committee will not
be changed. It seems to me it is suf-
ficiently comprehensive and subserves

the interests of the people in the
manner reported, as it would be if
it were changed. In this we find
the manner and time for submitting
the proposed amendment is left dis-
cretionary with the legislature. I
think it is wise and best. It seems to
me that if there is not sufficient spirit
to turn out at a special election there
would not be sufflcinent to do it at a
general election. I shall vote for the
article as it stands.

Mr. BALLARD. I wish to answer
one or two arguments offered by my
learned and honored friend from
Douglas, (Judge Wakeley). His ar-
gument in favor of the amendmenj
seems to be about this — that if the
article or section is passed as it came
from the hands of the committee
that there will be danger of the
legislature bringing about a pre-
mature action, and the adoption of
some dangerous article. Now sir, I
do not know whether the remark
which has gone the rounds in the
newspapers is true or false, which
says, that this Convention is the em-
bodiment of the wisdom of the state
of Nebraska. For the sake of argu-
ment I will say it is true. Then I
will apply that in this case, and ask
him how long did the people of Ne-
braska have to look up this conven-
tion? Was not done very hastily? But
I apprehend the argument is not well
founded for this reason. It seems to
me this section, in this regard, es-
pecially guards against this thing.
This is a question upon which they
elect their representatives and sena-
tors, therefore I am certainly op-
posed to the amendment and hope

4J0

AMENDMENTS TO CONSTITUTION

Saturday]

ABBOTT-MOORE

[July 16

it will not prevail.

Mr. ABBOTT. Mr. Chairman. I
tliink that the reasons given for the
conclusion to which the gentleman
arrives are unwarranted. He will
agree with me, that the vote calling
this convention together, was a very
slight one. We want a full expres-
sion from the people of this state on
these questions, and for this reason, I
want them voted upon at a general
instead of a special election.

Mr. MOORE. Mr. Chairman. As
1 was a member of the committee on
Future Amendments, I took some
time in considering the subject now
being discussed, not only in selecting
the language there used, but also in
examining this particular section in
the constitution of other states. I
think — so far as I can remember —
that we all agreed upon this point.
I have only a few words to say. In
the first place, the people are the only
ones to be consulted in this matter,
if they get what they want, conven-
tions and legislatures may go for
naught. They have only to ask for
what they want, and I think they will
get it. I think the provision sought
to be inserted in this constitution, is
sufficiently clear and explicit. If an
amendment is sought to be proposed
to this constitution, in the future, the
legislature, in either house, may pro-
pose the matter. The members are
elected by the people, and they are
supposed to understand the wants of
the people. This proposition goes
before the people in an advertisement
of three month.s, and in that time,
every man. woman and boy in the
state can read it. It does not take

the people of this state three months
to find out anything that the wisdom
of the legislature may present before
them. Next it comes before the leg-
islature, chosen by the same people,
and a large proportion of that legis-
lature is chosen expressly upon this
question. It then goes before the
people in another advertisement of
three months, for the people to read
and make their endorsement there-
on. Then it goes before the people
to be voted upon. It has been urged
here that a general vote of the people
cannot be had except at a general
election. Let me tell you that if it
is a matter in which the people of
the whole state are interested, they
will turn out and vote, whether it is
at a special or general election. I
am satisfied that where you have the
passions, and party feeling of men
excited they will vote upon this ques-
tion less intelligently, than they will
at a special election when party feel-
ing does not come in and when there
is but one question to be voted upon.
1 am in favor of letting this section
stand. I believe it will serve a good
purpose in the constitution. I did
object to the five y.cars prnvision,
but now I believe that is right.

Mr. ROBINSON. Mr. Chairman.
While I have no doubt that the com-
mittee who prepared this article in
the constitution, prepared it deliber-
ately and very carefully, I am still
inclined to favor the amendment of
the gentleman from Hall (Mr. .Ab-
bott.) If I thought every amend-
ment which is proposed to our con-
stitution would be favorable to a par-
ticular party's views, I would be in-

AMENDMENTS TO CONSTITUTION

411

aturday]

ROBINSON— THOMAS— BOYD

[July 15

favor of submitting the question to
the people, at a general, instead of a
special election. People do not turn
out at special elections. I know that
a proposition to vote fifty thousand
dollars was voted upon at a special
election in our town a few days ago.
I was opposed to the proposition.
But the fact is, I forgot all about the
election, and did not vote at all, and
the bonds were voted upon us. Now,
if it had been at a general election,
and I had been anxious to carry some
particular party principles, I would
have been sure to have gone. The
question was of sufiBcient importance
to call out a general expression of the
views of the people, but it did not. If
a man comes to the polls in order to
support his party candidate, it is very
easy for him to vote upon certain
propositions which may be submit-
ted, but if they are submitted at a
special election, he is almost certain
to forget it. If one party is trying to
carry a particular project, then they
will turn out and vote. I think it
ought to be submitted at a general
election.

Mr. THOMAS. Mr. Chairman. I
am in favor of this vote being taken
at a general election. We all know
that even in general elections, where
there is no particular party measure
to secure, it is hard to get people out,
and at a special election when no par-
ty measure is at stake, it is impos-
sible to get them out. If we allow
the legislature to provide that this
matter is to be submitted at a special
election, it seems to me the people
of the country — the farmers general-
ly will not turn out. I know in a

town, the people do turn out. I be-
lieve if this is submitted at a special
election we leave the question to be
decided by the people of our cities
and towns. I know of no more im-
portant question, of a people chang-
ing their constitution. For these
reasons, Mr. Chairman, I am in fa-
vor of inserting the words, "at a
general election." I believe this plan
has been adopted in most of the other
states of the Union. Even if those
words are not inserted, words of
similar import are — that it should be
an election at which members of the
legislature are elected, as our consti-
tution now stands at the present
time, it requires — I will read part of
the section on "Amendments."

"If at any time a majority, of the
Senate or House of Representatives
shall deem it necessary to call a con-
vention to revise or change this con-
constitition they shall recommend to
the electors to vote for or against
a convention at the next election for
members of the legislature."

This amendment leaves the consti-
tution with regard to this point, as
our present constitution provides.

I believe at special elections there
is scarcely ever a full vote, and I
don't believe the people will turn out
in full for this purpose at a special
election. Therefore I am not in favor
of leaving the matter to the legisla-
ture.

Mr. BOYD. I would ask the gen-
tleman from Washingtont Mr. Bal-
lard) whether under this article the
question may not be submitted at a
general election.

Mr. BALLARD. I think so sir.

Mr. BOYD. I am in favor of sub-

412

AMENDMENTS TO CONSTITUTION

Saturday]

BALLARD- ROBINSON— BOYD

(July 15

mitting it at a general election. I
move to strike out all after the word
"the" in the ninth line to the word
"and" in the tenth line, and substi-
tute in the place the words, "electors
of this state for adoption or rejection
at the next election of members of
the legislature in such manner as
may be prescribed by law."

Mr. BALLARD. Mr. Chairman. I
cannot see the consistency of the ar-
gument of the gentleman, but I can
see the inconsistency. The gentle-
man from Lancaster (Mr. Robinson)
in his speech speaks about their vot-
ing$60,000 in bonds here at a special
election when they did not get a
full attendance at the election, and
another gentleman says we cannot
have a full attendance at a special
election — Query — Will the legisla-
ture submit this to the people when
they don't want it, a matter of such
importance? I will tell you when it
is that you can have a full attendance
at an election, it is when politicians
go out into the field and work, and
buy up votes if necessary. Something
may occur by which the people may
Avant an expression on a proposed
amendment before the time for a
general election. I think there is
danger in inserting this amendment.

Mr. ABBOTT. Did you have this
question up in .our county on the
railroad bonds.

Mr. BALLARD. Yes, sir, we did.

Mr. ABBOTT. How did you like
it?

Mr. BALLARD. Well, I will tell
the gentleman. There was a railroad
company wanted $150 000 out of our
county. With us it was submitted at

a special election, and the only objec-
tion I had to it there was too good an
attendance, there were too many
votes cast.

Mr. WAKELEY. Would that have
been the case at a general election?

Mr. BALLaRD. I suppose it would
if the same influences were used,
that is plenty of whiskey, and money
to buy up votes.

Mr. ROBIXSOX. Mr. Chairman.
It appears by the statement of the
chairman of the committee that re-
ported this article that the people
may want an expression sooner than
a general election, but the section
says that an amendment shall not be
submitted oftener than five years,
and before a general election may
come around the thing may be set-
tled. I think we should go slow about
amending our fundamental laws, the
advantage is in submitting this at a
general election.

Mr. BOYD. Mr. Chairman. I
rise to a personal explanation. The
gentleman from Washington, (Mr.
Ballard) speaks of money being used
in his county to buy votes for the
Omaha & Xorthwestern railroad, of
which I had the honor to be president
at the time of the election. To my
certain knowledge there was not one
dollar used by that company to In-
fluence any vote.

Mr. BALLARD. Do you not know
that there was money used?

Mr. BOYD. Xo sir.

Mr. MAXDERSOX. Mr. Chair-
man. I rise to a point of order,

Mr. BALL.\RD. I am sorry the
gentleman did not think of a point of
order before.

AMENDMENTS TO CONSTITL'TION

413

Saturday]

EATON- KIKKPATRICK—SPRAGUE

[July 15

Mr. EATON. Mr. Chairman. In
regard to this question of submitting
this at a general election. This thing
was passed through the committee
without any discussion; and as a
member of that committee I will ex-
press my opinion, that it is a very
dangerous matter to leave this so
that the Legislature may submit as
important a matter to a special elec-
tion.

Mr. KIRKPATRICK. Mr. Chair-
man. There is an old saying, "In the
abundance of counsel there is safety."
I am inclined to think I can make up
my mind what I ought to do. With
other persons it is not the case. One
gentleman urges as a reason why it
should not be urged at a general elec-
tion is that there is political influence
at work, therefore a Constitutional
amendment would not receive the
just and proper consideration of the
voters. If I cannot hear something
more convincing than this discus-
sion, I think I will be bound to
support the report of the committee.

Mr. SPRAGUE. I shall vote in
favor of the amendment. There has
been an opinion expi'essed here that
you cannot amend the Constitution
in less than five years. I do not so
understand it. I understand it to
mean this; if wrong I want to be cor-
rected. If a proposition has once been
submitted and rejected, this proposi-
tion provides, that the same propo-
sition shall not be submitted for the
next five years. It does not take five
years to get an amendment to the
Constitution. It only takes, from the
time it is recommended by the first
Legislature until it shall pass

through the next legislature and be
voted on by the people three months
thereafter. That is my understand-
ing of the case.

Mr. BALLARD. Mr. Chairman.
My objection to this amendment is
this. Suppose some emergency
should arise in which the people
want an amendment ratified and
I made perfect before the next general
I election, if the amendment prevails,
we are tied up by Constitutional pro-
visions that we cannot have it. Shall
we tie ourselves up by Constitutional
[ provisions to that extent that the will
jOf the people cannot be enforced un-
i der an emergency, or leave it free for
the people to say what they will
have in that particular.

Mr. WAKELEY. Mr. Chairman.
The very object of a constitution is
to control Legislatures within certain
limits. We should have no need for a
Constitution if every Legislature was
to be left to its own discretion in re-
gard to what it should do. The Con-
stitution as adopted by the people
in their sovereign capacity, and the
only purpose — I will not say only
purpose — but one great object is to
put restrictions on the power and dis-
cretion of Legislatures. If you could
always elect saints or perfect men to
the Legislature, leave everything to
them, because this convention is not
composed of that material, I speak
for one member of it. A great many
gentlemen in this hall have taken
occasion during this convention, re-
peatedly to express their fears of the
overshadowing power of corpora-
tions in this state, it was said yes-
terday that entire Legislatures were

AMENDMENTS TO CONSTITUTION

Monday]

WAKELEY— WILSON

[July IT

owned by corporations wholly. Sup-
pose when these giant corporations
shall own a Legislature, they have
some scheme to carry in their in-
terests, when they might want an
amendment to the Constitution
adopted, they might get two succes-
sive sess;ons of the Legislature to
ratify, then say it was danger-
ous to submit it at a general election,
and the same legislature which had
proposed to sanction the amendment
would submit the proposition at
such time as would be most favorable
to the proposed amendment. And
I appeal to the experience of every
delegate in this Convention, if it is
not proved that those who advocate
a particular measure, have an ad-
vantage in the submission of that
measure at a special election. It is
true, every man knows it, that those
having influence to carry an amend-
ment through the Legislature, are
interested in its adoption, and that
same interest will be manifested at
the polls. Those who would vote
against it, if they vote at all, are
entirely indifferent, or have not the
same zeal in opposing the amendment
that those who favor it have in its
adoption. This is but supposing a
single case, and the reasoning will
apply to all other cases.

Mr. WILSON. I move the com-
mittee rise, report progress and
ask leave to sit again.

Mr. CAMPBELL. I move the
adoption of the section.

Mr. WILSON. It was voted yes-
terday that when we adjourn today
it be at eleven o'clock.

The committee divided on the mo-

tion of Mr. Wilson, and it was not
agreed to.

The CHAIRMAN. The question
now is on the substitute offered by
the gentleman from Douglas, (Mr.
Boyd.)

Mr. STRICKLAND. Mr. Chairman.
Not having heard this debate I beg
to be excused from voting.

No objections being made the gen-
tleman was excused.

The substitute was agreed to.

Mr. McCANN. Mr. Chairman. I
move that the committee rise, report
progress and ask leave to sit again.

The committee divided and the
motion was agreed to. ^

Mr. REYNOLDS. Mr. President.
Your committee have had under con-
sideration the report of the Commit-
tee on Future Amendments, and re-
port progress and ask leave to sit
again.

Mr. BOYD. Mr. President. I move
we adjourn.

The motion was agreed to. so the
committee at eleven o'clock and five
minutes adjourned.

TVVENTY-KIKST D.W.

Monday, July 17, 1871.

The convention met at 2 o'clock
and was called to order by the presi-
dent.

Prayer.

Prayer was offered by the Chap-
lain, as follows:

Oh, thou who art Supreme in good-
ness and in all wisdom. May Thy
blessings, we pray Thee, rest upon
us as we address ourselves to- the

AID TO INTERNAL IMPROVEMENTS

■tl5

Monday ]

PARKER-MOOBE-McC AN N

[July 17

labors of the week. May Thy will
be the law of this Convention. May
Thy counsels, which are faithful in
truth and form, be the Spirit of our
law, that the State may be preserved
against all dangers that are seen,
and dangers that are unseen. Amen.

Leave of AbseDce.

Mr. ABBOTT. Mr. President. I
ask leave of absence for Mr. Lalve
and Mr. Manderson until tomorrow
at 2 p. m.

Leave granted.

Mr. CAMPBELL. Mr President.
I ask leave of absence for Mr. Sco-
fleld.

Leave granted.

Petitions.

Mr. PARKER. Mr. Chairman. I
wish to offer a communication and a
petition.

The Secretary read as follows:

To the Honorable members of the
Constitutional Convent'on of the
State of Nebraska.:

'We, the citizens of Seward coun-
ty, pray your honorable body not to
abridge the liberties of your constitu-
ents by placing an article in the
State Constitution depriving counties
and corporations of the right at
the ballot of voting aid for internal
Improvements:

And further; believing the intel-
ligence of the people ought to decide
a question so momentous, we, ear-
nestly ask the delegates of Seward
county not to compel their constitu-
ents to oppose the Constitution by
embodying an article in it so obnox-
ious to liberty.

Signed by Wm. R. Davis and Sev-

enty-three others.

Mr. PARKER. I move to refer it
to the committee on Municipal Cor-
porations.

The motion was agreed to.

Mr. MOORE. Mr. President. I de-
sire to offer a couple of petitions.

The Secretary read as follows:

To the Honorable, The Constitu-
tional Convention of the State of Ne-
braska:

We, the citizens of York county,
would enter our most earnest protest
against the Constitutional Conven-
tion incorporating an article in the
Constitution of the State prohibit-
ing counties and corporations from
voting aid for internal improvements:
believing that the ballot box. in this
free and enlightened age, is a suf-
ficient safeguard for our liberties,
and we remonstrate against the mon-
archial and despotical principle of de-
priving the people ot using the ballot
box in any case whatever. Neither
do we want our rights and liberties
abridged nor curtailed.

Signed by D. R. Creegan and nine-
ty-six others.

Mr. McCANN. I move that the pe-
tition be referred to the Committee
on State, County and Municipal In-
debtedness.

The motion was agreed to.

The Secretary read a petition as
follows:

"To the Honorable Gentlemen
composing the Constitutional Con-
vention of the State of Nebraska:

Gentlemen: We, the undersign-
ed citizens of York county, would
respectfully ask that you engraft a
clause into the Constitution which
you are now framing, prohibiting any
county from granting bonds for the
purpose of building or assisting to
build railroads in the same.

Signed by J. W. Frost and eighty-
seven others.

Mr. McCANN. Mr. President. I

416

LIMITATION TO DEBATE

Monday]

GRIGGS— PHILPOTT— MOORE

[July 17

move it be referred to the same
committee.

The motion was agreed to.

Mr. GRIGGS. Mr. President. I
have a resolution I wish to offer.

The Secretary read the resolu-
tion as follows:

Resolved. That upon the discus-
sion of any subject in the committee
of the who-le house, no member shall
be permitted to speak more than
twice upon any one subject, and not
to exceed 15 minutes at any one
time. Provided, that when the re-
port of any standing committee shall
be under consideration, the chairman
of such committee shall be exempted
from the operations of this resolu-
tion.

Mr. GRIGGS. Mr. President. I
move that the resolution be adopted.

Mr. WOOLWORTH. Let me sug-
gest to the gentleman to amend so
as to cover discussions in the conven-
tion as well as in the committee of
the whole.

Mr. GRIGGS. I will accept that
amendment.

Mr. PHILPOTT. Mr. President. I
hope the gentlemen of the convention
will take notice of the resolution, so
much so at least that before they
vote upon it they will have it before
their minds. It says that no gentle-
man shall speak more than twice on
the same subject, nor longer than 15
minutes when in the Committee of
the Whole, where it is expected
matters will receive a full and care-
ful consideration. I think that is
not enough time.

Mr. GRIGGS. Mr. President. I
am induced to offer this resolution
because I consider more time has
been taken up in these discussions

than is necessary. It has been re-
marked by a great statesman that 15
minutes are suflRcient for him, or
anybody else to argue one subject,
and that is all that this takes in. I
am satisfied that the people don't
want us to stay here wasting time
on such long arguments. Every
member of this convention has his
mind fully made up on all important
subjects, there is no need of so
much speaking. I think we will get
through sooner and be better satis-
fied with our work; and I am sure
our constituents will be better sat-
isfied.

Mr. ESTABROOK. If the resolu-
tion applied solely to the proceedings
in the House I would vote for it, but
it may be in the consideration of
many questions we may desire more
time than will be allowed by that
rule. I think we had better be al-
lowed some degree of freedom in the
j Committee of the Whole.

Mr. MOORE. Mr. President. I
think I have a right to say what I
think on this resolution as I have
not taken up much time of the Con-
vention. I am opposed to the resolu-
tion. I suppose there are some here
who could speak two hours upon a
subject and at the end tell more

j than sonie of the rest of us know al-
together. We come here to consider

I the best way for providing constitu-
t'onal remedies. We have to consult
together, and there is no necessity
that we cut off any man's speech. If
we do we are cutting off from the

i people their rights.

j Again, it gives the chairman of
the committee the right to make as

LIMITATION OF DEBATE

417

Monday]

GRAY— WILSON

[July 17

many speeches as he likes or as long
as he chooses. I don't think that the
chairman may know any more than
any other member. If a rule is
passed I hope it will be equal on
all.

Mr. GRAY. I hope the resolution
will prevail. I am heartily in favor
of the principle in it. It is urged
here that some gentlemea are able to
speak two hours on the same sub-
ject. Well, sir. I believe these very
gentlemen are able to say all that is
necessary in fifteen minutes.

Any gentleman upon this floor that
has the capacity of mind and mem-
ory to speak intelligently upon any
subject likely to come before this
house, also has the capacity to ex-
press all he has to say in fifteen min-
utes. A great deal of time has been
spent unnecessarily, so far, in speak-
ing. I have no desire to prevent
men from saying all that is neces-
sary to be said to express their senti-
ments upon any question that comes
up here, but I desire that we should
work by some better discipline than
we have been doing so far. Take,
for instance the course which the
learned Chief Justice takes, when he
confines counsel to fifteen minutes.
He knows when they make an effort
they can say all they desire to say
in that time. The discipline will work
well here.

The ayes and nays were demand-
ed.

The Secretary called the roll and
the President announced the resolu-
tion lost, a two-thirds vote being
necessary under rule 43,

Ayes, 25; Nays, 19, as follows:

Ayes.

Abbott,

Ballard,

Eaton,

Gibbs,

Granger,

Gray,

Griggs,

Hascall,

Kilburn,

McCann,

Majors,

Myers,

Boyd,

Campbell,

Parchin,

Parker,

Reynolds,

Speiee,

Stevenson,

Stewart,

Thummel,

Thomas,

Tisdel,

Wilson. — 25

Nays.

Cassell, Newsom,

Curtis, Philpott,

Estabrook, Price,

Hinman, Robinson,

Kenaston, Shaff,

Kirkpatrick, Sprague

Lyon, Towle,

Mason, Vifquain,

Moore, Weaver,

Neligh, Wool worth. — 19.

Absent or not Voting.

Grenell, Maxwell,

Lake, Scofield,

Manderson, Wakeley.

Mr. WILSON. Mr. President. I
have found a letter upon my desk
which I wish the gentlemen of this
Convention to know the contents of.
It is this:

Lincoln, Neb., July 15. '71.
Mr. John Wilson.

Sir: — A friend has informed me
that you intend to introduce a reso-
lution in tended to cast dishonor-
able reflections on me, I shall consid-
er it in that light, and call on you to
account through a friend.

Yours truly,

E. E.

I wish to say to this Convention
that I am here standing in my own
boots bought and paid ior, and that
they cannot frighten me from doing

418

LIMITATION OF DEBATE

Monday]

GRAY— THOMAS— ROBINSON

[July 17

ray duty. Whoever he is he is a low
lived, difiy, nifan, contemptihl ■
skunk, that cannot put h.s name lo
it.

Mr. GRAY. Mr. Chairman. I de-
sire to say that the rule referred to
allows the members to speak only
once. This allows them to speak
more than once but says they shall
speak but lo minutes at a time upon
a question.

Mr. THOMAS. If the gentleman
from Dodge (Mr. Gray) will permit
me, i will offer as a substitute, this
"No member shall speak more than
15 minutes."

The PRESIDEXT. I would call
the attention of the gentleman to
rule 4 0.

Mr. THOMAS. Mr. President.
This amendment which I offer, will
not limit the number of times a man
may speak. He can speak as often as
he pleases but only fifteen minutes
at a time.

Mr. GRAY. Mr. President. I
will not accept the substitute, but
will add to my resolution the words,
■'and that the rules be suspended."

Mr. CASSBLL. Mr. President. I
move that the matter be indefinitely
postponed.

The motion was not agreed to.

The PRESIDENT. The question
is upon the adoption of the substi-
tute offered by the gentleman from
Nemaha, (Mr. Thomas.)

The Convention divided and the
substitute was not agreed to.

The CHAIRMAN. The question is
now upon the adoption of the reso-
lution of the gentleman from Dodge
(Mr. Gray.)

Mr. KIRKPATRICK. If I under-
stand correctly, it will require a two-
thirds vole to pass this resolution?

Mr. MYERS. Mr. President. I
move that the resolution be postpon-
ed until Saturday morning at 10
o'clock.

The motion was not agreed to.

Mr. ROBINSON. Mr. President.
I voted against the postponement be-
cause I want to see the whole thing
voted down. I don't bel.eve there
j has been any disposition on the part
of any member of this body, so far,
1 to speak against time, nor delay the
transaction of business. .. want to
see every matter fully discussed. I
call for the ayes and noes.

Mr. WOOLWORTH. Mr. Presi-
dent. I call for the reading of the
resolution again.

The Secretary read as follows:

Resolved — That no member shall
speak more than twice in committee
of the whole on any question, and
shall not occupy more than 15 min-
utes each time; and no member shall
speak more than thirty minutes on
any question in the Convention.

Mr. PHILPOTT. Mr. President. I
call for a division of the question.

Mr. GRAY. One question is to
suspend the rules: the second is to a
limitation of time in Committee of
the whole: the 3rd. limitation of
time in the Convention.

Mr. ESTABROOK. Mr. Chairman.
I move that rule 40 be suspended
and that time shall be limited as
therein explained, so far as it ap-
plies to the Convention. I offer this
as a substitute.

Mr. HASCALli. .Mr. President.

LIMITATION OF DEBATE

il9

Monday]

ESTABEOOK-MYEKS— WILSON

We want rule 40 to stand. This
wovild be merely a substitute for that
rule. If we adopt this rule, and
say nothing about rule 40. this would
be all right.

Mr. SPRAGUE. Mr. Chairman.
The rule laid down in Cushing's Man-
ual—

Mr. ESTABROOK. I wll state
that my substitute offered, to suspend
rule 40, so as to limit the two speech-
es of 15 minutes each, in the Commit-
tee of the Whole, and speeches in the
Convention to thirty minutes each.

Mr. MYERS. Mr. Chairman. I
move that the rule requiring a two-
thirds vote to change, alter or modify
any of the rules, be suspended for the
pXirpose of considering the resolu-
tion offered by the gentleman from
Douglas (Mr. Estabrooc.)

The ayes and nays were demand-
ed.

The Secretary proceeded to call
the roll.

Mr. CURTIS, (when his name was
called) Mr. President. I desire to he
excused from voting.

Mr. Curtis was excused.

The President announced the re-
sult— Ayes, 26; nays, 16^as fol-
lows:

Ayes.
Abbott. Ley,

Ballard, McCann.

Boyd, Moore,

Campbell, Myers,

Eaton, Newsom,

Estabrook, Reynolds,

Gibbs, Speice,

Granger, Stevenson,

Gray, Stewart,

Griggs, Thummel,

Hascall, Thomas,

Hinman, Tisdel,

Kilburn, Woolworth. — 2 6

Cassell,

Kenaston,

Kirkpatrick

Majors,

Xeligh,

Parker,

Philpott,

Price,

Absent and Xot Votin,

Nays.
Robinson,
Shaff,
Sprague,
Towle,
Vifquain,
Weaver,
Wilson,. — 16.

Curtis,

Grenell,

Lake,

Manderson

Mason,

Maxwell,

Parchin,

Scofield,

Wakeley,

Mr. President.-

Mr. ESTABROOK. Mr. President.
I rise to a question -of privilege. I
would like to inquire of the gentle-
man from Johnson, (Mr. Wilson) as
I see the letter which ho read here
bears the initials "E. E.," which
may mean Experience Estabrook, if
he thinks I am the author of that
letter?

Mr. WILSON. Whoever the shoe
will fit can put it on.

Mr. ESTABROOK. I want it un-
derstood that I wear No. ll's,
(laughter) and I think this is a
sort of child's shoe. Those here who
are acquainted with my manner of
correspondence and style of writing
1 know that I write my name to my let-
ters in plain hand and sometimes in-
dulge in the style of John Hancock.
If the gentleman ever receives
a comunication from me it will
be signed in unmistakable letters
and if it is necessary I will
get the Secretary to affix the great
seal of the state.

Mr. HASCALL. Mr. President. I
move that we do now go into the
Committee of the Whole on the Exe-
cutive Article.

420

POWER TO PROROGUE LEGISLATURE

Monday]

H A S C A LL—WOOLWORTH— ROBINSON

[July 17

The motion was agreed to.

So the Convention in the Commit-
tee of the Whole — Mr. Myers in the
chair — proceeded to consider the re-
port of the Committee on Executive.

The CHAIRMAN. When the com-
mittee rose the question was on the
amendment of the gentleman from
Douglas, (Mr. Hascall) to add to
section 9, as follows: "But no gene-
ral session of the Legislature shall
be so adjourned hy the Governor un-
til 20 days after the commencement
of the regular session."

Mr. HASCALL. Mr. Chairman.
This subject has been thoroughly-
considered in the former discussion,
but seme members may have been
absent at that time and not under-
stand the reasons for the amendment.
I will simply state, it is for the pur-
pose of prohibiting the exercise of
this proroguing power at least 20
days.

Mr. WOOLWORTH. Mr. Chair-
man. In the discussion had before,
it was pretty generally drawn out
that the question was the disagree-
ment of the two Houses of the Leg-
islature on the time of adjournment.
I wish to call the attention of the
gentlemen of the Committee to that
fact, and read the section as it
staijds.

Sec. 9. In case of a disagreement
between the two houses with re-
spect to the time of adjournment,
the governor may, on the same being
certified to him by the house first
moving the adjournment, adjourn the
general assembly to such time as he
thinks proper, not beyond the first
day of the next general session.

The disagreement of the two
houses as to what? "the time of ad-

journment." Now it was urged
here the other day that it was im-.
portant that there should be a pro-
vision added to this section, that the
Governor should not exercise this
power until the Legislature had been
in sesion for a period of 40 days
and was afterwards put at not to
exceed 20 days; and why? It was
urged that the governor might pro-
rogue the Legislature under this sec-
tion, before it had done any business
at all, but I do not see how such an
exigency could arise. If the two
houses agreed upon an adjournment,
but a disagreement exists as to the
time, then the power of proroguing
shall be had. So that you see that
one branch of the Legislature shall
not have the power to procure an
adjournment.

Mr. ROBINSON. Is this the time
at which, or the time to which the
adjournment shall take place.

Mr. WOOLWORTH. The time at
which, as it states the "time of ad-
journment."

Mr. ROBINSON. Read the last
part of the section, it says "to
which."

Mr. WOOLWORTH. That applies
to the power to be exercised by the
governor, that when he has the pow-
er to prorogue the Legislature, he
may adjourn it "to such time as he
thinks proper."

Mr. HASCALL. Mr. Chairman.
So far as this section relating to time
is eoncerned I agree with the gentle-
man, and by agreeing with him I see
no reason why this amendment
should not prevail. If there is any
disagreement between the two

POWER TO PROROGUE LEGISLATURE

421

Monday]

HASCALD-TOWLE-KIKKPATRICK

[July 17

houses, it is as to the time when they
adjourn. I understand the section
relates to the time when the Legis-
lature shall adjourn. This disagree-
ment arose by a concurrent resolu-
tion being introduced and passed in
one body and sent to the other who
refuses to pass it. Then the gover-
nor may prorogue the Legislature
and fix the time to which it stands
adjourned.^ There is no necessity for
this power. If there is, it is after the
Legislature has been in session the
constitutional time. After that time
they shall remain without pay. That
is one of the modes adopted to com-
pel the two houses to agree upon a
time when they will adjourn. I
say this question ought not to rise
in the Legislature, so the governor
could step in and adjourn the Legis-
lature to any particular time, unless
twenty days of the regular session
had already elapsed. We are mak-
ing laws to meet the requirements of
cases as they arise. Unless twenty
days of the session has elapsed, there
is no justice in allowing an execu-
tive to step in and dissolve that ses-
sion by adjourning it to a period so
remote that that Legislative body
could have no time to transact busi-
ness. So long as one body of the
Legislature deem it necessary to re-
main in session for a longer period,
it might be to investigate the official
acts of an officer, and that the other
body being in accord with the execu-
tive, wishing to smother matters
that the State should be made aware
of, would move and put through a
concurrent resolution to adjourn the
session; the other body refused to

pass it, there is a disagreement, and
the Executive comes in and termi-
nates the session contrary to the will
of the Senate or the House. I think
it is wrong in principle that the gov-
ernor should step in and dissolve a
general session of the Legislature
before twenty days of that session
had elapsed.

Mr. TOWLE. It seems to me Mr.
Chairman, that the section referred
to the committee is as near perfect
as we can make it, and that the
amendment should not be adopted. I
do not believe it can be supposed that
either one of the bodies of the dif-
ferent houses will pass a joint rtso-
lution as to what time they will ad-
journ until they are ready to ad-
journ. The gentleman in support of
his position quotes a supposed case,
that if one of the bodies desires to
investigate and the other body does
not, why they have a power by dis-
agreement, for the governor to come
in and prorogue them, thereby
thwarting an investigation that
would injure his reputation. If one
of those bodies desires to investigate
the governor's action: or any other
department, they need not fix upon a
time for adjournment, if they do not
there will be no disagreement be-
tween the two houses, and the Gover-
nor would have no power to pro-
rogue.

Mr. KIRKPATRICK. Mr. Chair-
man. I do not agree with the gen-
tleman from Douglas in his remark. s.
He claims there can be no disagree-
ment except upon time. That is all
there is of it. The question resolves
itself into this, we elect members of

422

FOWER TO PROROGUE LEGISLATURE

Monday]

MAJORS— ROBINSON

[July 17

the Legislature to enact laws. The
executive is a different branch. He
is charged with the enforcement of
those laws, in accordance with the
provisions provided for by the Leg-
islature. I believe it would be bet-
ter to leave the whole matter to the
Legislature to control its own sit-
tings, but I am willing to accept this
amendment.

Mr. MAJORS. I do not propose to
say but very little upon this question
as it appears to me the article, as
reported by the committee, in itself,
is right, and needs no amendment. I
am one who does not believe in this
convention putting anything into the
Constitution that will interfere with
the action of the representatives of
the people upon a question of this
kind. Now, the gentleman's argu-
ment is that the power may be used
after twenty days. If there is a disa-
greement as between the two branch-
es of the Legislature at an earlier
period of the session within twenty
days the Governor has no power to
go in and adjourn the Legislature.
My opinion is, and I shall vote for
the article presented by the com-
mittee, in that view of the case, that
this is a matter that should be entire-
ly left to the Legislature at the time.
And if one branch of the Legislature
desired to adjourn, and the other
branch did not concur they were
forced under the Constitution to
stay the twenty days, that would
serve the interests of the people but
very poorly for the twenty days. I
am in favor, therefore, of the article
as reported by the committee and
shall vote fo sustain it.

Mr. ROBINSON. I hope this
amendment will not prevail. I take
it that the officer who is elected by
the people, is, in some measure, the
servant of the people, even though he
be the Executive ofBcer. Now it has
been supposed that the Executive
could defeat the will of the people
and both branches of the Legislature.
Now, T think le can only act upon m^
precise conditions as laid down In
this section. I take it that if the will
of the people is bound to be thwarted
it might be done by one branch of
the Legislature as well as the other.
If one branch moves an adjournment,
and the other disagrees, the house
first reporting may report to the gov-
ernor and has as much right as the
other house. If either branch of the
Legislature desires to disregard the
Constitution we can make no instru-
ment to prevent them, and some re-
sponsibility ought to be imposed up-
on the Executive as well as upon the
Legislature. It must first be made
known to him officially.

Mr. ESTABROOK. I am in favor
of paying regard to the old usages,
traveling in the old paths unless
there has been something which has
shown that course to be wrong.
There have been some emergencies
we have met here during the last ses-
sion, which might be corrected, to a
certain extent in the preparation of
this article. It is usual, I believe,
after the commencement of a session
fairly, and some times during its
progress, according to my recollec-
tion and experience, that one branch
will offer a resolution to adjourn on a
given day; and they will generally

POWER TO TROROGUE LEGISLATURE

423

Monday]

ESTABROOK-THOMAS-HASCALL

[July 17

couple with that resolution another,
that after a certain day no new busi-
ness shall be introduced. Suppose this
house pass a resolution ten days be-
fore they intend to adjourn and they
not exactly concurring, then should
refuse to concur, and this body
should notify the governof, and act-
ing in conjunction with them, he
should say this body shall be ad-
journed to-morrow. What is to hin-
der him? There is nothing. It seems
to me some safeguard similar to the
one offered should be adopted. Per-
haps that would not be it exactly. I
would propose I thinlc, that provis-
ion should be made that the proro-
gation should not be made until ap-
plication had been made for several
days. I shall vote with my colleague.

Mr. THOMAS. I am in favor of
the section as it stands now. It seems
to me there is no necessity for the
amendment which has been propos-
ed. I understand from this section,
that the Governor may not adjourn
until there has been a disagreement
as to the time of adjournment. Sup-
pose the senate passed a resolution
to adjourn at a certain time, the
resolution is sent to the house which
amends the resolution by fixing the
time on a different day; it is sent
back to the senate, which refuses to
concur in the amendment. Notice is
given the House. The House refuses
to recede; there are no committees
of conference appointed. Nothing
more can be done. They are not able
to adjourn at all. Now, it seems to
me that in such a case as this the
section is right. Now, I can see no
reason why the legislature should

wait twenty days; they have agreed;
they are willing to adjourn, but can-
not fix upon a time, and it seems to
me when they get into such a posi-
tion as that the Governor should be
authorized to step in and adjourn
without waiting a period of twenty
days. They have got through with
their business in one house; the other
may wish to keep the legislature
here longer. One house may have
made up their minds that they will
not transact any more business; and
why keep a body in session twenty
days when they have declared they
will not do any more work. I am
opposed to the amendment as of-
fered.

Mr. HASCALL. I am glad that
the sophistry and covering has been
stripped off this question, and that
it appears in its true light — that
the Senate and Executive if they de-
sire to adjourn the legislature, may
do so without the sanction of the
house. The last gentleman asks the
question why keep the legislature in
session twenty days after seeming to
malve it apply to a twenty days' ses-
sion, after they fail to agree. But
that is not the case at all, because
this amendment supposes that the
only emergency in which the execu-
tive can step in shall not arrive un-
til twenty days after the commence-
ment of the session. The question
arises whenever the two branches
fail to agree. Now, when the legis-
lature comes in session for the pur-
pose of doing business some time
should elapse unless both branches
are willing to adjourn, before an ad-
journment can take place. And

424

POWER TO PROROGUE LEGISLATURE

Monday]

HINMAN-WOOLWORTH-CAMPBELL

[July 17

twenty days is not too much. And
the House of representatives is sup-
posed to be the direct representative
of the people; more so ..han the sen-
ate; because they are more numerous
and come usually from the smaller
districts, and it is proposed here, I
believe, that they shall be elected an-
nually, and the Senators hold for
a longer period of time, and only
part go out at the same time.

Now suppose that the senate
should form a coalition with the exe-
cutive and shirk the responsibilities
laid upon them. They let an emer-
gency arise and, as the gentleman
from Cass suggests, this notice is a
mere matter of form. This having
been gone through with, the Gover-
nor can prorogue the legislature.
This power should not be exercised
unless both houses are willing to ad-
journ or have been in session some
definite time.

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

The committee divided, and the
amendment was not agreed to.

Mr. ESTABROOK. Mr. Chairman.
I move to amend by adding to the
section the words "the Governor may
also adjourn the legislature in case
either body remains in session twenty
days without a quorum."

I offer that in view of the facts
that tooli place here at the last leg-
islature when this house was left
several days without a quorum, and
could not adjourn and in fact the
House of Representatives is in session
today , never having legally adjourn-
ed.

Mr. HINMAN. I would like to
ask the gentleman, how long that
was t^ie case.

Mr. ESTABROOK. I can not say.
but I know the adjournment was
without a quorum, and I think there
were some important bills passed.

Mr. HASCALL. The gentleman
is certainly mistaken.

Mr. CAMPBELL. Mr. Chairman.
I move to amend by inserting ten
days instead of twenty.

Mr. ESTABROOK. f accept the
amendment.

Mr. WOOLWORTH. Mr. Chair-
man. I am not familiar with the
case referred to by the gentleman
from Douglas (Mr. Estabrook) but I
know sir, some years ago there was a
dispute arose in the legislature of
the state of New York about the man-
agement of the canals, and the demo-
crats resigned their seats so that
there was not a quorum, and the leg-
islature was adjourned sine die, and
if I recollect right something of the
same kind occurred in the state of
Indiana. It may be the democrats
did this last thing.

Mr. ESTABROOK. I don't think
it was.

The CHAIRMAN. The gentlemen
must not engage in private conver-
sation. The Chairman cannot hear,
and the reporters cannot get it.

Mr. WOOLWORTH. It is not of
the least importance that the report-
ers should get it.

Mr. MAJORS. Mr. Chairman. I
was present during the last hours
of the last session of the legislature,
and I will simply say that all there
was of this matter referred to was

ADJOURNMENT OF LEGISLATURE

425

Monday]

M A. JORS— TO WLE-GRIGGS

[July 17

I made a motion myself for the roll
to be called, and I was told that there
was a little business in the Senate
to be reported back to the House.
It had been acted on in the House
and it was said if the roll was called
the Chairman could not sign it, and
it was only for that, that the roll
was not called.

Mr. THOMAS. How many days
Tvere you without a quorum?

Mr. MAJORS. Only the last day.
We had a quorum the last day. So
rfar as this amendment is concerned
I don't think it would correct any-
thing. I am willing to trust this
matter to the legislators as they come
-up here fresh from the people.

Mr. TOWLE. Mr. Chairman. The
object of the amendment is to pre-
vent bills from being passed when
there is not a legal quorum present,
or in other words to provide against
the recurrence of such a thing as the
gentleman says took place here in
the last legislature. Now, the amend-
ment does not cure this; it only lim-
its it to ten days. But, sir, there is
no need of this. The constitution ex-
pressly says that you cannot pass any
"bills unless you have a quorum, but
may adjourn from day to day and
send for the absent members.

Mr. ESTABROOK. I would like to
ask the gentleman if signing a bill is
not a lawful act; and can the legisla-
ture adjourn under the law sine die
without a quorum?

Mr. TOWLE. Mr. Chairman.
There must, beyond question, be
some power which will dissolve the
legislature when there is no quorum,
and there can be no business done.

As far as the constitutionality is
concerned there is a certain course
through which a law must pass. If
the journal of the legislature shows
that the law is not passed, then, of
course, it is not a law.

Mr. BALLARD. Mr. Chairman.
As a member of the committee that
reported this section, perhaps I will
be allowed to make a remark. Our
sister states have lived and prosper-
ed under the same provisions, for
many years.

Mr. GRIGGS. Mr. Chairman. 1
understand the question to be up-
on giving the governor power to dis-
solve the legislature whenever they
hold a session ten days after there
shall have been a quorum present.
Suppose, for instance, that the legis-
lature adjourns. The members don't
resign, as they did in the case in
Indiana, just cited. Our last legis-
lature did not resign, but they had
no quorum present, and could not
adjourn sine die — what could they
do? I think there should be some
power vested in the governor to ad-
journ, after a sufficient time has
passed, and there is no quorum pres-
ent, unless there is some such power
vested in the governor there could be
no way of adjourning unless there is
a quorum present. The mere fact
of the legislature going home — that
is not adjourning. I don't believe
the oases cited, touch the case in
point.

Mr. ROBINSON. Mr. Chairman. I
think myself that the case cited in
which there was a resignation of
the members, so that there was not
a quorum present in the legislature.

426

ADJOURN IVIENT OF LEOIiJLATURE

Monday

ESTABROOK— WOOL WORTH— HASCALL

(July 17

is not like the case In point. But
the legislature has power to send
the sergeant-at-arms and secure the
attendance of members.

Mr. ESTABROOK. Mr. Chairman.
In case the members of the legisla-
ture saw fit to go away to avoid
adjourning, they would put them-
selves beyond the reach of the ser-
geant-at-arms. It seems as though
this power to adjourn in these ca-
ses, should be vested somewhere: and
I think the executive is the best
place.

Mr. WOOLWORTH. Mr. Chair-
man. I will not detain the commit-
tee but a single moment. After hear-
ing what has been said, my mind is
clearer upon this subject and I don't
think the amendment should prevail
at all. I think the remedy for the
cases suggested by my colleague
(Mr. Estabrook) has just been stat-
ed by the gentleman from Lancaster
(Mr. Robinson). I think the legisla-
ture has power to compel the at-
tendance of members. I think the
suggestion of the gentleman from
Douglas (Mr. Estabrook) — the last
suggestion that he made, is one so im-
probable— almost so impossible that
it does not call for a remedy. It
is not for such improbable eases, that
we are to make provision.

Mr. HASCALL. Mr. Chairman.
Just such things are occuring every
year, I think they occur in Nebraska.
Members of the state senate have at-
tempted to break up the senate. It
is true they came back afterwards,
when they found they could not de-
stroy a quorum. It is true that the
gentleman can find no precedent in

some old constitutions for this. Sup-
pose we have power to compel the
attendance of members of the leg-
islature; they cannot always be
reached by the seargeant-at-arms —
If there is not a quorum in attend-
ance for ten days, the governor
should have power to adjourn the
legislature.

The CHAIRMAN. The question is
upon the amendment.

The amendment was not agreed to.

Mr. WOOLWORTH. Mr. Chair-
man. There is a typographical error
in the printing of this section which
ought to be corrected.

Mr. ESTABROOK. The commit-
tee on revision and adjustment will
no doubt attend to that.

Section nine was adopted.

The Chairman read section ten as
follows:

Sec. 10. The governor shall nomi-
nate and. by and with the advice and
consent of the senate, (a majority of
all the senators elected concurring,
by yeas and nays) appoint all officers
whose offices are established by this
constitution, or which may be created
by law, and whose appointment or
election is not otherwise provided
for: and no such officer shall be ap-
pointed or elected by the general as-
sembly.

Mr. BALLARD. Mr. Chairman. I
move its adoption.

The motion was agreed to.

The Chairman read section eleven
as follows:

Sec. H. In case of a vacancy,
during the recess of the senate, in
any office which is not elective, the
governor shall make a temporary ap-
pointment until the next meeting of
the senate, when he shall nominate
some person to fill such office: and
any person so nominated wlio is con-

THE PARDONING POWER

427

Monday]

KIDBURN—HASCALL- WOOL WORTH

firmed by the senate (a majority of
all the senators elected concurring,
by yeas and nays) shall hold his of-
fice during the remainder of the term
and until his successor shall be ap-
pointed and qualified. No person,
after being rejected by the senate,
shall be again nominated for the
same office at the same session, unless
at the request of the senate, or be
appointed to the same office during
the recess of the general assembly.

Mr. KILBURN. I move the adop-
tion of the section.

The motion was agreed to.

The Chairman read section twelve
as follows:

Sec. 12. The governor shall have
power to remove any officer whom he
may appoint, in case of incompetency,
neglect of duty, or malfeasance in of-
fice; and he may declare his office va-
cant, and fill the same as herein pro-
vided in other cases of vacancy.

Mr. GRIGGS. I move its adoption.

The motion was agreed to.

The chairman read section thir-
teen as follows:

Sec. 13. The governor shall have
the power to grant reprieves, commu-
tations and pardons after conviction,
for all offenses except treason and
impeachment, upon such conditions
and with such restrictions and limi-
tations, as he may think proper, sub-
ject to such regulations as may be
provided by law, relative to the man-
ner of applying for pardons. Upon
convict! n for treason he shall hav
power to suspend the execution of
the sentence, until the case shall be
reported to the Legislature at its
next meeting, when the Legislature
may either pardon or commute
the sentence, direct the execution
of the sentence, or grant a further
reprieve. He shall annually commu-
nicate to the Legislature each case
of reprieve, commutation or pardon
granted, stating the name of tlie con-
vict, the crime of which he was con-

victed, the sentence and its date, and
the date of the reprieve, commuta-
tion or pardon. In cases of convic-
tion upon impeachment, the Legis-
lature may remit so much of the
sentence as shall disqualify the con-
victed person from holding ofiice.

Mr. HASCALL. Mr. Chairman. I
move to strilie out the following
words in fourth line, "relative to the
manner of applying for pardons."
The I'eason is, this pardoning power
is subject to great abuse, and is made
a matter of bargain and sale in a
great many states. It is a power
that should be under the regulation
of the Legislature, and they should
make such wholesome restrictions,
not only as to the manner of applying
but other matters connected with the
subject, and by striking out this
clause the object is accomplished.
It is not a new thing to hear of gov-
ernors receiving money as considera-
tion for . pardoning criminals. I
think we should look after the mat-
ter a little.

Mr. WOOLWORTH. Mr. Chair-
man. I am constrained to oppose the
amendment. If you leave the legis-
lature to regulate the matter of par-
dons in every respect, you virtually
invest the pardoning power with
them.

Now, this matter of pardoning was
naturally considered in the commit-
tee. The mischief to which the par-
doning power may be used was con-
sidered and an effort was made to
find some other mode of exercising
this power: some other department
of government, hut the committee
were unable to define any depart-
ment of the government, where this

428

THE PARDONING POWER

Monday]

ROBINSON— TO WLE— THOMAS

[July 17

power could be vested as well as in
the executive, and I think gentlemen
in this convention will tax their
brains in vain to find any place other
than the executive to entrust this
power of pardoning criminals. I
suppose it is very well understood
that this article is adapted almost
entirely from the Illinois constitu-
tion: but if the members of the con-
vention will look at the Illinois con-
stitution in this particular they will
find that the committee have restrict-
ed the pardoning power very much
beyond what the Illinois constitution
did. very much indeed. I certainly
hope that this amendment will not
prevail.

The amendment was not agreed to.

Mr. ROBINSON. Mr. Chairman.
I move to insert after the word "im-
peachment" the words "and misde-
meanors not punishable by impeach-
ment, when the fine does not ex-
ceed one hundred dollars."

Mr. TOWLE. Mr. Chairman. The
power granting reprieves and commu-
tations is given to the Executive office
for the reason that some injustice
may have been done: that some
wrong may have been committed,
that some new evidence may have
been discovered, which, by the usual
course of procedure in our courts
and criminal jurisdiction, is not li-
able to get a new trial. If we start
out upon the assumption that it is
right in any instance, in any particu-
lar, to grant the Executive of the
state the power to pardon, we can-
not limit it by fines, nor by dollars
and cents, we cannot limit it liy the
amount of imprisonment, because

even upon the most heinous crimes,

or the crimes which society fixed
the most stigma to, ought to be par-
doned, if deemed innocent, as well
as an offender for a slight crime. If
there is such a thing existing in the
world as a principle, it behooves every
member of the commonwealth to
stand as strongly and firmly for that
priuc pie, as much if one dollar is
concerned as if a man's life or reputa-
tion is at stake.

The highest court known in the
state is the court which tries for im-
peachment. Again treason is exempt
because It is one of the highest crimes
of the law. But there is no provision
for reporting these smaller crimes
to the legislature. There is no meth-
od whatever of reaching it, if a par-
ty should have been proved to be in-
nocent or convicted wrongfully, and
releasing him from that confinement.
It is wrong, and should be entirely
extinguished.

Mr. THOMAS. It seems to my
mind very evident that this amend-
ment should prevail. Suppose, in
a criminal or misdemeanor case it
should be discovered the person is
nnocent, some one should be ap-
pointed to pardon, and I do not think
any better place to invest the power
can be found than in the Executive.
It seems to me no exception of this
kind should be inserted in this sec-
tion.

Mr. ROBINSON. I am not alto-
gether positive that this amendment
should prevail. I offered it because
it covered some cases coming within
my actual experience. I know there
are cases where the offense is liable

THE PARDONING POWER

429

Monday]

THOMAS-HASCALL-MOORE

[July 17

to a fine and that fine does not ex-
ceed one hundred dollars, when it is
easy for a person to get a petition
with a large number of signatures.
If the Executive has the power, why
it always strikes him that if he has
that power, say in a case of murder,
where a large number sign, if he
grants a pardon in one case he ought
also in another. It is provided that
the party aggrieved shall have the
right to appeal. He is heard by a
jury the second time, and I think he
ought to rest satisfied when the jliry
has in two instances found him
guilty. I do not think where the fine
is $20 or f25 a petition ought to
be entertained.

Mr. THOMAS. I have known
cases where the judge of the court
in which a person was convicted of
misdemeanor has become convinced
that the party was innocent, and
would be called to release the person
and pardon him; and all he could
do was to petition the Governor to
pardon. And if we take away this
power from the governor how can the
pardoning be effected? It seems to
me there should be no limit upon the
power of the Executive in this case.
It is true he may pardon people who
ought not to be, but we must be de-
pend upon his honestly fulfilling his
duties as Governor.

Mr. HASCALL. There is no reme-
dy for this pardoning power. As the
section now stands we have to submit
to it. If you want an order to cor-
rect an Executive you must do it by
law.

Mr. MOORE. Mr. Chairman. I
always was averse to doing anything,

or having anything done, beyond

which theie can be no redress. That
old law of the Medes and Persians
never took very well with me. Some
things ought to be pretty well fas-
tened down so that idle hands can-
not dally with them. But I think
everything will be well cared for
when the proper redress is left where-
it should be with the people. I
know mistakes have been made by
our courts of justice, and men have
been convicted of misdemeanors and
crimes greater or smaller, who it
was afterwards discovered were in-
nocent. Now in order that mistakes
may be corrected and justice be final-
ly rendered it is necessary that some
power be introduced to correct evils
of this nature.

We have, in our system of govern-
ment, the three great powers, execu-
tive, legislative and judicial, so in-
dependent of each other that one can-
not materially affect the other; and
yet so interwoven that neither one
is perfect without the other. It is
true the judiciary should act with
caution, weighing well every word
spoken, yet after all mistakes will
sometimes occur. Now, I think this
provision in the Constitution comes
just where it ought. Let the gover-
nor have the power of reprieving;
let him redress, so far as he is able
the various grievances when they are
submitted to him. It is argued that
he may be too liberal with his par-
doning powers. They have, probably,
been too liberal, and may again, but
it is better that ninety-nine be par-
doned than that one should be pun-
ished unjustly. I think the Governor

430

TPIE PARDONING POWER

Monday]

STEVENSON— ESTABROOK

[July 17

is responsible to the people, for a too
liberal use of this power, and the peo-
ple will ever hold not only him but
all other state officers responsible for
the manner in which they execute
the public trust. If the power en-
trusted to them by the people be
abused, but few of them will ever
return to repeat former blunders —
for them.

The motion to amend was agreed
to.

Mr. STEVENSON. Mr. Chairman.
I have an amendment to offer to sec-
tion thirteen — to strike out all after
the word "upon" in the second line
down to the word "upon" in the
fourth line, and insert in lieu thereof
"upon petition of the judge, district
attorney and two-thirds of the jury
before whom the case was tried."

Mr. ESTABROOK. Mr. Chairman.'
I would like to enquire what would
be done in case the party was convict-
ed and sentenced for life, and after
he had served about twenty-five
years, and the jury and judge were
all found to be dead, and the man
was found to be innocent, how would
he be pardoned.

Mr. STEVENSON. I suppose the
man would be in a pretty hard fix, if
such a thing should happen. But
it is hardly to be supposed that a
man should lie in prison for twenty-
five years before a petition for his
pardon would be gotten up. I think
there is entirely too much power vest-
ed in the Governor — that where par-
ties are placed in the penitentiary
sometimes petitions are gotten up
and parties sign when they do not
know anything about the case, and

that petition goes to the Governor;
he must pay some regard to it. But
when the petition is gotten up by the
judge before whom the case was
tried, and the district attorney and
the jury, then there must be some
reason for believing and knowing
that something has transpired which
convinces them that the person
ought not to be kept in prison.
Therefore, for that reason I think
the amendment ought to prevail.
Section thirteen was adopted.
The Chairman read section 14 as
follows:

Sec. 14. The Governor shall be
commander-in-cliief of the military
and naval forces of the state (except
when they shall be called into the
service of the United States) : and
may call out the same to execute the
laws, suppress insurrections, and re-
pel invasions.

Section 14 was adopted.
The Chairman read Section 15 as
follows:

Sec. 15. The executive officers
named in this article, and the judges
of the supreme and district courts
shall be liable to impeachment for
any misdemeanor in office.

Mr. ESTABROOK. Mr. Chairman.
I move it be amended so as to em-
brace, judges of county courts, the
amendment to come in after the word
"courts."

One of the most important cases
ever recorded upon the criminal rec-
ords was tried by a judge of probate
in Massachusetts, in which case Dan-
iel Webster officiated as an attor-
ney. The judges of the county courts
should be subject to impeachment.

Mr. CAMPBELL. That would be
like shooting snow-birds with can-
non. (Laughter.)

IMPEACHMENT OF OFFICERS

431

Monday]

STEVENSON-ESTABROOK- MASON

I July

Mr. STEVENSON. Mr. Chairman.
I think if the judiciary article is
adopted, as proposed, then these
county court judges are of more im-
portance than the gentleman from
Otoe (Mr. Campbell) seems to think,
for if that article is adopted, they
have jurisdiction over civil matters
to the amount of $500, besides the
probate business, and I think that
when {hey are wilfully corrupt we
should be able to deal with them
with extreme measures, the same as
against the governor and the judges
of the supreme court.

Mr. ESTABROOK. Mr. Chairman.
I move that this section of the Illinois
constitiition be adopted.

'The Governor, and all civil officers
of this state, shall be liable to im-
peachment for any misdemeanor in
office.'

Mr. STRICKLAND. Mr. Chair-
man. I think this will save a good
deal of expense, and a good deal of
trouble. We have had one impeach-
ment trial, and it is found to be a
very expensive proceeding.

Mr. ESTABROOK. Mr. Chairman.
These judges of county courts are of-
ficers who hold more important po-
sitions, than those held by the Dis-
trict judges, although the amount
over which they have jurisdiction, in
dollars and cents, is not as great. I
think the functions of these courts
are more Important than the func-
tions of the District court, they have
to deal with the estates and property
of children. The idea that this body
— the Legislature is always to be en-
gaged in impeachment cases, is far
fetched, because it is only in rare
cases that the impeachment tribunal

I Is Invoked — only In cases of manifest
fraud and misdemeanor. Perhaps it
is worth consideration, whether — in
case of the impeachment of other of-
ficers, you shall not confer the pow-
er of jurisdiction, say upon the Su-
preme court. Wherever this power
is placed, it strikes me these officers
(Should be included, as much as offi-
! cers of the higher courts.
j Mi-. MASON. Mr. Chairman. I
i concur with the gentleman who last
addressed the committee that these
officers should be subject to impeach-
ment: but the question here presents
itself as to where this power of im-
peachment should be vested.

The trial of county judges and
other county officers should be pro-
vided for by some other body recog-
nized by law. I think the executive
oflicers named in the article and the
judges of the Supreme and District
courts are the only ones over which
the Senate should have exclusive
jurisdiction. Why? Because the
Supreine Court is the very dernier re-
sort for appeals, and it is only before
the Senate that such can be tried,
but all other officers can as well be
tried before some of these tribunals
as well as by the Senate. Your coun-
ty officials should have a more speedy
trial than by the Senate.

Mr. ESTABROOK. This section
does not say they shall be tried
by the senate. It says simply "The
Governor, and all civil officers shall
be liable to impeachment for any
misdemeanor in office." It is simply
declaratory of what officers may be
subject to impeachment.

Mr. MASON. If that is the case I

432

IMPEACHMENT OF OFFICERS

Monday]

ESTABROOK-MA SON— WOOL WORTH

[July 17

think the amendment is correct. I
apprehend that the committee in re-
porting this section meant to say
only what officers shall be tried be-
fore the senate. State officers only
should be tried by the Senate, all
others should be tried before courts
of law.

Mr. ESTABROOK. I need not
state to the Chief Justice the maxim
of law "that some officers being
named all others are excluded." I
only propose to change it so that all
officers shall be included, and then in
your Legislative article you may de-
termine how the different officers
shall be tried.

Mr. THOMAS. Does the gentle-
man think that refers to the trial liy
the Senate only?

Mr. ESTABROOK. No, sir. I lo
not.

Mr. MASON. By permission of the
gentleman, I desire to ask the chair-
man of this committee on executive
(Mr. Woolworth) a question.

Mr. ESTABROOK. Certainly, sir.

Mr. MASON. This article express-
es just who shall be tried by the Sen-
ate?

Mr. WOOLWORTH. Yes, sir.

Mr. MASON. Does it apply to all
officers that may be impeached?

Mr. WOOLWORTH. No sir.

Mr. THOMAS. I would ask the
gentleman how he would remove thf.
superintendent of public instruction'

Mr. WOOLWORTH. As we would
remove any of the other' officers nam-
ed in this article. The section on this
subject in the Legislative article 1
suppose will be the same as that ia
the Illinois constitution. "The House

of Representatives shall have the
sole power of impeachment," or 8S
you have it in the Federal constitu-
tion. "The Senate shall have the sole
power to try all impeachments."

Mr. ESTABROOK. I wish the gen-
tleman would read another section at
the end of Article II.

Mr. WOOLWORTH. The gentle-
man refers me to another ' section
which I don't think refers to this,
but I will read it. "The president,
Vice-President, and all civil officers
of the United States, shall be remov-
ed from office on impeachment for,
and conviction of treason, bribery, or
other high crimes and misdemean-
ors."

Certainly there could be but very
few exceptions to that. The Senate
is vested with the sole power of im-
peachment. Does the Senate of the
United States try a subordinate offi-
cer? Not at all. The receiving of
public moneys for malfeasance in of-
fice is a crime under the criminal
laws to be tried by the courts. The
same may be said of a great many
other civil officers of the United
States, they are not tried for mal-
feasance in office by the Senate at all.
They are not impeached by the House
of Representatives. Now I call the
attention of the committee to this cir-
cumstance for the purpose of show-
ing that this trial of impeachment
is used in the article of the Federal
constitution to which I have directed
attention, and the other state consti-
tutions refer to a certain specific kind
of State trial, and not to the sort of
trial that has been adverted to by the
Chief Justice in respect to sheriffs

IMPEACHMENT

433

Mondai

WOOLWORTH

I July 17

and county officers. This remedy by
impeachment was given to us by the
founders of the Federal constitution
from the practice as it obtained in
England, where the Commons im-
peached not only officers of the exe-
cutive government and judicial gov-
ernment, but even citizens holding
exalted rank in the country. The
Commons impeached them by adopt-
ing articles, those articles were car-
ried up to the Lords and tried before
them, although the charge made
against these persons might be any-
thing but an offence against the
criminal law, and not be for mal-
feasance in office. All that was
sought to be controlled when the
Federal constitution was drafted,
and that is the kind of trial refer-
red to by this constitution. It always
means when technically used, a trial
by the Senate. State senates are
vested with a like power to try im-
peachments presented to them by the
House of Representatives in State
Legislatures. I make these remarks
in explanation merely to show that
when you vest the sole power to try
impeachments in the Senate, you do
not take away from a proper tribunal
the power to impeach and try coun-
ty officers, which is the particular
matter the Chief Justice directed my
attention to. You may call it im-
peachment and it is quasi but tech-
nically it is not. As I stated before,
the article is almost entirely taken
from the Illinois constitution, but in
this fifteenth section we thought
there might be a liability to doubt
as to what persons were included
under the names of state officers,
28

and that it would be more specific to
say "executive officers named in this
article should be liable to impeach-
ment." If you will turn back to
the first section you will see just ex-
actly who those state officers are, it
says:

"The executive department shall
'onsipt of a Govennr, Lieutenant-
Governor, Secretary of State, Audi-
tor of Public Accounts, Treasurer,
Superintendent of Public Instruction
and Attorney General.

Those, then, are the executive offi-
cers, and they alone ought to be sub-
jected to this trial by impeachment,
others to the judgment of the court.
And we think that the language used
is better than the language used in
the Illinois constitution, because it
avoids all the doubt that might pos-
sibly be raised upon the question as
to who are the civil officers of the
state. They are only those named in
the first section.

Mr. ESTABROOK. Can you im-
peach the Superintendent of Public
Instruction?

Mr. WOOLWORTH. We can im-
peach any executive officer named in
this article. He is one of the officers
of the executive department.

If the Legislature shall create
other State officers, and this clause
stands as it is now, they will not be
liable to impeachment .because it is
limited to those here named. It
was the view of a majority of the
committee that the officers named
in this article, six active officers, were
enough to transact the business of
this state, and do it pretty well.

Mr. THOMAS. Mr. Chairman. I
am iln favor of the amendment offer-

434

IMPEACHMENT

Monday]

THOMAS— STRICKLAND— MASON

[July 17

ed by the gentleman from Douglas. I
believe all State officers should be
liable to impeachment before the
Senate. I believe county officers
should be removed from office, or a
complaint made before a proper tri-
bunal, whatever may be provided by
the Legislature.

I understand the words "civil ofii-
cers of this state" in the Illinois
constitution are used in contradis-
tinction to county officers and officers
of the mlitary department. It is
made to cover all State officers.
"Whatever officers should be state of-
ficers should be removed by impeach-
ment before the Senate. For this
reason, it seems to me that the sec-
tion, as it exists in the constitution of
Illinois, is proper. It may be true
that the section here provided for
would cover all the officers mentioned
but we are not certain it will do so.
And for these reasons I am in favor
of putting in "all civil officers of the
State." I do not know how else the
officers should be removed or before
what tribunal.

Mr. STRICKLAND. The gentle-
man from Nemaha has just struck
the key to this question. "The
Executive officers named in this ar-
ticle, and the judges of the Supreme
and District courts, and all other
civil officers of the state shall be li-
able to impeachment for any misde-
meanor in office." There must be a
manifest propriety in these State of-
ficers, who are officers of dignity,
that they should have on trial all
matters and concerns of state, which
are above those of counties. Every
single county officer is liable to be ar-

rested, tried, punished and removed.
The amendment offered by my friend.
Gen. Estabrook, takes too broad a
scope. When you get down to police-
men we have no trouble in our
county about them or county offi-
cers. You will see the meaning of
this. Not State officers, but all offi-
cers are civil officers of the state. A
justice of the peace or a constable,
sheriff or county commissioner, or a
notary public are civil officers in the
state, but they are not State officers.
There is the difference. One is a
State officer, representing the inter-
ests of the state, and the other only
represents say, a county or town-
ship.

Mr. ESTABROOK. Don't you use
the same term in civil officers of the
state?"

Mr. STRICKLAND. No, sir.

Mr. MASON. After a careful ex-
amination of the question, I am in
favor of the amendment offered by
Gen. Estabrook. The only differ-
ence between the suggestion made by
Mr. President (Mr. Strickland) and
Gen. Estabrook is — The General
reads "and all civil officers of this
state," and Mr. President reads "all
civil officers of the state." The dif-
ference between "this" and "the."

Mr. STRICKLAND. I will state I
am wrong in respect to this word.

Mr. MASON. I think all state of-
ficers ought to be subject to impeach-
ment. There may be others created
I by the Legislature than those for
which this Constitution provides.

The Amendment of Mr. Estabrook
was adopted.

The section as amended was

IMPEACHMENT

435

Monday]

WOOL WORTH— MASON

[July 17

agreed to.

The Chairman read section 16 as
follows:

The sixteenth section was adopt-
ed.

Sec. IG. Every bill passed by the
general assembly shall, before it be-
comes a law, be presented to the gov-
ernor. If he approve, he shall sign
it, and thereupon it shall become a
law; but if he do not approve, he
shall return it, with his objections,
to the house in which it shall have
originated, which house shall enter
the objections at large upon its jour-
nal, and proceed to reconsider tlie
bill. If, then, two-thirds of the
members elected agree to pass the
same, it shall be sent, together with
the objections, to the other house, by
which it shall lil<ewise be reconsider-
ed and if approved by two-thirds of
the members elected to that house, it
shall become a law, notwithstanding
the objections of the governor. But
in all such cases, the vote of each
house shall be determined by yeas
and nays, to be entered on the jour-
nal. Any bill which shall not be re-
turned to the governor within five
days (Sundays e,xcepted) after it
shall have been presented to him,
shall become a law in like manner as
if he had signed it, unless the general
assembly shall by their adjournment,
prevent its return; in which case it
shall be filed, with his objections in
the offlce of the secretary of state,
within five days after such adjourn-
ment, or become a law.

The Chairman read section 17 as
follows:

Sec. 17. In case of the death,
conviction on impeachment, failureto
qualify, resignation, absence from
the state, or other disability of the
governor, the powers, duties and
emoluments of the office for the resi-
due of the term, or until the disabili-
ty shall be removed, shall devolve
upon the lieutenant-governor.

The CHAIRMAN. — Section 17 is

before the committee.

Mr. ESTABROOK. I would ask
the Chairman of the committee what
he intends by the words 'conviction
or" in the first line?

Mr. WOOLWORTH. It should rea(?
"on" instead of "or."

The section was so amended and
then adopted.

The Chairman read the 18th sec-
tion as follows:

Sec. IS. The lieutenant-gover-
nor shall be president of the senate,
and shall vote only when the senate
is equally divided. The senate shall
choose a president pro tem, to pre-
side in case of the absence or im-
peachment of the lieutenant gover-
nor, or when he shall hold the office
of governor.

Section eighteen was adopted.

The Chairman read the next sec-
tion as follows:

Sec. 19. If there be no lieu-
tenant-governor, of if the lieutenant-
eovenor siiall for Any of the causes
specified in Sec. 17 of this article, be-
come incapable of performing the du-
ties of the office, the president of the
senate shall act as governor until the
vacancy is filled, or the disability re-
moved; and if the president of the
senate, for any of the above named
causes, shall become incapable of per-
forming the duties of governor, the
same shall devolve upon the speak-
er of the house of representatives.

Mr. MASON. I desire to call at-
tention to the fact that the lieuten-
ant-governor would act as governor
in case of the absence of the gover-
nor, if he was under impeachment —
that is if the articles of impeachment
were preferred against him; also
that he would still preside in the
senate after the articles of impeach-
ment were presented against him.

As the 17th has been, and the 19th

i36

IMPEACHMENT

Monday ]

MASON-IiAKE— HASCALL

(July 17

is likely to be adopted, then some
one else should preside, for while
he is on trial he exercises all the
functions.

Mr. ESTABROOK.— If the gentle-
man will move to strike out the
words "conviction" it will do.

Mr. WOOL^YORTH. — I must move
to reconsider.

Mr. MASON. If the committee de-
sires to suspend the functions of the
lieutenant-governor, and if the arti-
cles have been preferred then the
article should stand.

Mr, KIRKPATRICK. If I read it
right I think the gentleman is mis-
taken. The 17th section reads — "In
case of death, cdnvicition on im-
peachment, etc."

Mr. MASON. Let me suggest that
it read "conviction or impeachment"
instead of "conviction on impeach-
ment." If that is the sense of the
committee I am not tenacious enough
about it to press it.

Mr. KIRKPATRICK. The chair-
man of the committee I understood
to say that impeachment was to dis-
qualify, when we proposed this arti-
cle.

Mr. LAKE. Mr. Chairman. I
think it would be well to reconsider
the vote by which Sec. 17 was adopt-
ed. We should strike out the words
"conviction or." I move that we re-
consider that vote.

The CHAIRMAN. The chair is of
the opinion that we cannot recon-
sider in committee of the whole. The
committee is bound by its books.

Mr. THOMAS. Mr. Chairman.
This was adopted very hastily. Some
of the members would like to recon-

sider and it seems very strange If we-
cannot.

Adjournment.

Mr. CASSELL. Mr. Chairman. I
move that the committee do now
rise and report progress, and ask
leave to sit again at 9 o'clock tomor-
row morning.

Mr. WOOLWORTH. Mr. Chair-
man. I hope the gentleman will
withdraw his motion for five minutes.

Mr. CASSELL. I withdraw the
motion.

Mr. NEWSOM. Mr. Chairman.
The 18 th section —

Mr. ESTABROOK. Will the gen-
tleman let me call him to order —

The CHAIRMAN. We are not
now considering the ISth, but the
19th section.

Mr. MASON. Mr. Chairman. In
considering the propriety of adopting
the 19th section I think it is neces-
sary to ft-fer to Sfc. IH for that rea-
son I think the gentleman is in order.
When we were considering Sec. 18, I
quoted from the 17th section, I sub-
mit this is proper. Sec. 17 and IS,
they being referred to in Sec 19.

Mr. HASCALL. Mr. Chairman.
The entire matter under debate will
be made harmonious by the adop-
tion of the amendment of the gentle-
man from Douglas. (Mr. Woolworth)
which is to strike out the words "con-
viction on."

Mr. CASSELL. Mr. Chairman. I
renew my motion that the committee
rise.

The motion was agreed to.

Mr. MYERS. Mr. President. The
committee of the whole, have had un-

GOV^ BUTLER'S RESIDENCE

437

Tuesday]

CASSEl-L— VIFQUAIN

[July 18

■der consideration the report of the
judiciary committee, and beg leave I
to report progress, and ask leave to
sit again. i

Leave of Absence.

Mr. LEY. Mr. President. I ask
leave of absence until Thursday noon.

Leave granted.

Mr. MYERS. Mr. President. I I
move that the request of the commit-
tee of the whole be granted, and that
they be allowed leave to sit again
tomorrow morning at nine o'clock.

Motion agreed to.

Mr. NEWSOM. Mr. Chairman. I
move that the convention now ad-
journ until tonight at S o'clock.

Mr. HASCALL. Mr. Chairman. I
rise to a point of order.

Mr. NEWSOM. The only object I
had in making this motion to meet
this evening was to see if the mem-
"bers are willing to meet at night.

Mr. MYERS. Mr. President. I
move we adjourn until 9 o'clock to-
morrow morning.

Motion agreed to. So the conven-
tion adjourned.

TVVENTV-SKOONH DAY.

Tuesday, July 18, 1871.
The committee met at 9 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:

Have mercy upon us O God, ac-
■cording to thy loving kindness, ac-
cording unto the multitude of thy
promises blot out all our transgres-

sions. Teach us the counsels of thy
truth that we may walk in the way of
the Lord Jesus Christ. Amen.

Reading of the Journal.

The journal of last days proceed-
ing was read and approved.

Governor's Residence.

Mr. CASSELL. Mr. President. I
have a report I wish to submit.

The Secretary read as follows:

"Your committee on State Insti-
tutions and Public Buildings to
whom was referred the resolution
'to inquire into the expediency and
e.xpense of purchasing an executive
mansion.' beg leave to submit the
following report:

We have conferred with Gov. But-
ler and ascertained the cost of his
property, which he will sell at cost.

Cost of'mansion $22,000

Cost of furniture 10.000

Cost of barn and out bldg's 3,000
Cost of fence and painting 2,000
Cost of trees, walks and

shrubbery, etc 1,000

Cost of S acres 2,000

Total cost of S acres and

improvements $40,000

Total cost of 40 acres

and improvements.... 50,000
Total cost of 120 acres and

improvements 60,000

Will take what he owes the state
for part payment and state warrants
for the balance."

Mr. McCANN. Mr. President. I
move that the report of the commit-
i tee be referred to the committee of
the whole.

The motion was agreed to.

, School Lands.

Mr. VIFQUAIX. Mr. President. I
have a resolution to offer.

The Secretary read the resolution
as follows:

438

STATE LANDS— IMPEACHMENT

Tuesday]

MYERS-KIRKPATRICK-WOOLWORTH

[July 18

Resolved. That the Secretary of
the Interior is hereby respectfully
requested to inform this convention
in what condition are the lands se-
lected by the state of Nebraska in
18G1 or subsequently, in lieu of Sec-
tions 16 and 36, amounting altogeth-
er to 9 83 3 acres: and we also re-
spectfully request him to notify the
several land officers in this state to
stop any further disposition of said
lands, and to cancel the entries made
by private individuals upon said
lands."

The PRESIDENT. If there is no
further business under this head the
special order, to go into committee
of the whole on the executive article,
will be taken up.

Mr. WOOLWORTH. Mr. Presi-
dent. I move a suspension of the
rule which conflicts with our recon-
sideration of section seventeen in
committee of the whole.

Mr. MYERS. Mr. President. I
see the difficulty into which the com-
mittee fell yesterday. It is impos-
sible for the committee to make a
correction by reconsidering. The
rules of the convention leave in the
hands of this body a remedy full and
complete. When this bill is reported
to the convention it is open to amend-
ment, and the gentleman can reach
his object that way.

Mr. KIRKPATRICK. Mr. Chair-
man. The matter can be easily
reached when the article is reported
back to the convention, and there will
be no difiiculty in reaching it then.

The convention divided and the
motion was agreed to.

The PRESIDENT. The conven-
tion will now go into committee of
the whole according to special order.

Committee of the Whole.

The convention went into commit-
tee of the whole. Mr. Myers in the
chair.

The CHAIRMAN. The committee
of the whole have again referred to
them the article on executive. Sec.
seventeen Is before the committee.

Mr. "WOOLWORTH. Mr. Chair-
man. I move that we strike out the
words "conviction or" after the word
"death" in the first line.

Mr. KIRKPATRICK. Mr. Chair-
man. I do not know whether that
ought to be in the constitution or
not. Suppose we are at present liv-
ing under this constitution. I just
call attention to one case. Last Feb-
ruary Articles of Impeachment were
presented against the Auditor. Un-
der this constitution that Auditor
would have been suspended without
having been brought to trial, and the
committee intended to report this
power; it was in favor of reporting
this section as it stands, that the
executive was removed from office as
soon as he was impeached.

Jlr. WOOLWORTH. There are
two questions Mr. Chairman which
are presented to us for consideration.
One is — whether, if we merely strike
out the two words "conviction on"
we will accomplish the object I
have in view, and also the views of
the committee which reported this ar-
ticle. That is to say, whether the
Governor would be suspended from
his office immediately upon presenta-
tion of articles against him by the
house. And I say the first question is
that the language be clear and ex-

IMPEACHMENT

439

Tuesday]

WOOLWORTH

[July 18

plicit to accomplish that purpose.
Turning from the article as reported
by the committee, and looking in the
Illinois constitution we have in the
24th section — "The House of Repre-
sentatives shall have the sole power
of impeachment." The power to im-
peach is vested in the House. That
is precisely the language used in
the constitution of the United States,
and is a phrase used, I believe in all
these constitutions. The same pro-
vision, if I recollect correctly, will
be found in the Article reported by
the committee on legislature in this
house, in the 16th section of which
we find — "The House of Representa-
tives shall have the sole power of
impeachment, but a majority of the
members elected must concur
therein." So that the power of im-
peachment being in the representa-
tives, that is when they shall pass a
resolution that an oflBcer be im-
peached and prepare and carry their
articles, by their managers, to the
upper house, the Senate, and present
them to the senate, then at that mo-
ment, the power is exercised and the
officer stands impeached. Just ex-
actly as when a person is charged
before a grand jury with the commis-
sion of an offense, and the grand
jury having deliberated upon the
charge, and directed the officers to
prepare a bill of indictment the bill
is presented to the grand jury and
approved, and carried and presented
to the court, at that moment the per-
son charged stands indicted. Just
so it is when the articles are carried
up from the lower house to the upper
house and presented there, then an

officer ia impeached. That shows
that this language will be perspicu-
ous, distinct and simple, by striking
out the words "conviction on." That
shows, I think, plainly that the lan-
guage is clear, and is the usual lan-
guage employed where the principle
is adopted which is aimed at by this
amendment. That is one question,
simply relating to the language. The
other question is — whether we shall
provide, in this constitution, that the
governor shall cease from the exer-
cise of the functions of his office as
soon as these articles arepresented,or
shall permit him to go on exercising
the functions of his office after the ar-
ticles are presented, and up to the
time that the vote shall declare him
guilty. Those are the two questions.
This last is the question particularly
raised by the amendment and a

I matter of principle to be considered

! by the convention.

; Now, I have not very much to
say upon this matter. I think I dis-
charge my duty by explaining the dif-
ferent matters to be considered. But
there are, it is suggested by the

j gentleman from Cass, a great many
constitutions which do not provide
that the governor shall be suspended
as soon as the articles are presented.
I think that is not the usual provis-
ion, but I tliink it is a wise provis-
ion to suspend him from the exercise

I of his office at that time. The arti-
cle, as it is drawn, does not relate to
the order, does not relate to any other
state officers than the governor, and
the rule ought to be different, as it

j seems to me, in respect to the chief

[executive officer of the state, related

440

IMPEACHMENT

Tuesday]

HASCALL— ESTABROOK

[July IS

as he is, witli very large powers and j
great influence by reason of his of-
ficial position and duties: that the 1
rule ought to be different in respect
with the chief executive from what it
is with the heads of the subordinate
departments of the executive. There
is great reason for saying that when
the chief executive, the highest office
in the state, by the action of that de-
partment of the legislature which is
supposed most directly, not most
completely, but most directly to rep-
resent the views of the people, that
as soon as that body finds there is
probable cause for charging him with
grave crimes and misdemeanors in
office, that he should immediately
cease from the exercise of his func-
tions, and therefore, as a matter of
principle, I am in favor of striking
out these two words, and provide
that the governor shall be suspended
from the exercise of the duties of his
office just as soon as the lower house
shall by their articles duly presented
to the senate, say, in the most solemn
manner that they believe him to be
guilty.

Mr. HASCALL. Mr. Chairman. I
like, in inserting language in the con-
stitution, to have it as concise as
possible. I agree with the gentle-
man who has just spoken as to the
necessity of suspending an executive
upon presentation of articles of im-
peachment. But if we leave it to
read "in case of death, Impeachment,
etc.," it will be better than to say
'in the case of death or on the presen-
tation of articles of impeachment."
The presentation of articles is mere-
ly an Incidental matter, and is there-

fore proper for the reason that it
does not add to the brevity and dis-
tinctness of the section. There is
no mistaking what the word "im-
peachment" means; and I think the
words "conviction on" ought to be
stricken out. The moment the reso-
lution is passed and he is accused at
the bar of the senate he is impeached,
and the articles are merely a formali-
ty. I therefore move to amend by
inserting simply the word "impeach-
ment."

Mr WOOLWORTH. I withdraw
my motion and the motion now
simply is to strike out the words
"conviction on."

Mr. HASCALL. That is all right
then.

Mr. ESTABROOK. Mr. Chairman.
There was some considerable differ-
ence of sentiment among the peo-
ple within the last six months in re-
regard to the significant terms which
are employed in this section: and it
led to .some little inconvenience and I
imagine that the difficulty which fol-
lowed from it was in consequence of
the fact that the terms themselves
were not generally understood.

There have been but very few
cases of impeachment, so that in the
public mind among the people gen-
erally the terms applicable in im-
peachment are not very well under-
stood. But it is well enough settled
that the term "impeachment" signi-
fies precisely the same as indictment.
1 1 is e(|UlvHl"nt. tn say in:; iliHt v\l.cn a
party is indicted his functions shall
cease. There is ground for some dif-
ference of opinion as to whether the
impeachment is complete or whether.

IMFEACHMEN'

441

Tuesday]

ESTABROOK— THOMA S

[July 1»

if It be complete, it work a suspen-
sion so soon as impeachment has
been perfected in the lower house,
or whether it should work suspen-
sion when reported to the senate. My
opinion is that it does not work a
suspension until reported to the sen-
ate. So soon as he is impeached, that
is to say, so soon as the resolution
passed the lower house, the func-
tions of the executive should cease.
I do not think the executive of the
state should be allowed to exercise
those functions during the progress
of a trial of impeachment. We con-
fer not only great powers upon him
usually but great moral patronage,
and if there was occasion to impeach
the governor it might be reasonably
supposed that ofHcer was sufficiently
corrupt to use his powers in securing
a verdict or a decision that would
•exonerate him.

If the officer shall be removed up-
on conviction as a part or the judg-
ment of the court, then there is a
vacancy. The proposition does not
apply to this, because the functions
of the party ceases with his office.
You would, of course, not suspend his
functions after conviction unless he
was removed.

The CHAIRMAN. Gentlemen of
the convention, are you ready for the
question. The motion is to strike
out the words "conviction on."

Mr. ESTABROOK. Mr. Chairman.
I move to add the words "to the sen-
ate," after the word impeachment.

Mr. THOMAS. Mr. Chairman. I
am in favor of the section as it
stands, because I think it is suffi-
ciently plain. I think it corresponds

with the constitutions of most of the
states. I understand that the Eng-
lish practice is, as soon as the resolu-
tion has passed the House of Com-
mons, the House of Lords is notified
that such a resolution was passed,
and the person accused is notified
that he is impeached. I will read
a section from Jefferson's Manual
in relation to the English practice.

"The general course is to pass a
resolution, containing a criminal
charge against a supposed delinquent
and then to direct some member to
impeach him by oral accusation, at
the bar of the House of Lords, in the
name of the Commons, the person
signifies, that the articles will be ex-
hibited, and desires that the delin-
quent may be sequestered from his
seat, or be committed, or that the
Peers will take order for his appear-
ance.!'

It appears from this, that the
member might be sequestered from
his seat. In this case, impeachment
must be the passage of a resolution in
the House of Commons and a notifi-
cation to the House of Lords. I
doubt the section should be changed.
I think, at the present time, it cor-
responds with the statutas cf most of
the states.

The CHAIRMAN. The chair will
beg leave to state that the course
pursued by the House of Representa-
tives in this state, was in accordance
with the rule laid down in Jefferson's
Manual.

Mr. ESTABROOK. Mr. Chairman.
It is very true that the path here
marked out Is very clear, and very
distinct. Now the question arose in
our state, — never was settled — as 'to
the exact period when the functions

442

IMPEACHMENT

Tuesday]

ESTABROOK— MASON

[July 18

of our governor ceased. Even after
the articles were carried and were
reported to the senate, the secretary
of state upon whom the duties de-
volved after the impeachment re-
quested him to surrender the de-
partment. The governor insisted
that he was not suspended — that he
was not impeached until he was noti-
fied; that the articles of impeachment
ment should have been served upon
him, and whether that was tenable
ground or not never was ascertained.
It is true that he continued to serve
as governor until the articles of im-
peachment were served upon him.
As it is easy to add a few words and
put this thing beyond doubt and
cavil, it seems to be the part of wis-
dom to do so. If we mean to say
that the functions of governor shall
cease when these resolutions have
passed the House, it is easy to say
so. If we mean to say that these
functions shall cease when the
senate decides upon the matter,
let us say so: If we mean to say that
these functions shall cease when he
Is impeached by the senate, it is easy
to say so. "We know we have had
some little difficulty by the obscurity
of this passage as it is. It is a very
easy thing to settle all these ques-
tions now. and it strikes me it is the
part of wisdom to do so.

The CHAIRMAN. The question
is to add the words "to the senate,"
after the word "impeachment."

Mr. MASON. (To Mr. Estabrook.)
Does the proposed amendment "to
the senate" — this notification to the
senate would operate to bring about
a ceasing of the functions of the ex-

ecutive office?

Mr. ESTABROOK. Yes, sir.

Mr. MASON. For myself I think
his official functions should cease
when he is informed of the pending
of the articles. I hope, certainly,
this may be done with other officers
than the executive, who are liable to
be impeached. Your judges, for in-
stance; a judge might be holding
court when the articles of impeach-
ment were preferred against him, he
is not notified then and he has
no notice of the pendency of
the articles until at least a day or two
after they have been preferred in the
senate. I suggest to the gentleman
to add, further, the words "and the
accused is notified."

Mr. ESTABROOK. Mr. Chairman.
I am in favor of that and accept it.

Mr. MASON. It seems to me, Mr.
Chairman, that this rule is a good
one and ought to commend itself to
the committee. The accused should
not be suspended until he is notified
that he has been impeached. As I
said before I have given this question
but little consideration, but I once in
my life reached the conclusion that
the official functions were not sus-
pended until the notification of im-
peachment by the senate, and that
the oflicial functions do not cchsp
until the governor is sequestered
from his seat, or notified of the pend-
ing of the articles. I suggest the in-
serting of the amendment of the
gentleman and the words "and notice
to the accused."

Mr. ESTABROOK. I accept the
suggestion.

The CHAIRMAN. TIio question is

STATE OFFICERS

44 S

Tuesday]

ESTABROOK-HASCALL-WOOLWOKTH

[July Ifr

on the amendment.

The amendment was agreed to.

Mr. MASON. I move to insert af-
ter the word "notice" the word
"thereof."

The motion was agreed to.

Mr. MASON. I move the section
be adopted, as amended.

The 17 th Section was adopted.

The CH4IRMAN. Sections 18 and
19 having been adopted on yesterday
by the committee, the question is
on the adoption of section 20.

The Chairman read the section as
follows:

Sec. 20. If the oflBce of auditor of
public accounts, treasurer, secretary
of state , attorney general or super-
intendent of public instruction shall
be vacated by death, resignation or
otherwise, it shall be the duty of the
governor to fill the same by appoint-
ment, and the appointee shall hold
. his office until his successor shall be
elected and riualMfd in such Manner
as may be provided by law. An ac-
count shall be kept by the officers of
the executive department, and of all
of the public institutions of the state,
of all the moneys received or disburs-
ed by them, severally, from .nil sour
ci'?. and for every .service i.c-fovined.
pnd a semi-annua! I'epo-'l thereof be
made to the governor, under oath;
and any officer who makes a false re-
port shall be guilty of perjury, and
punished accordingly.

Mr. ESTABROOK. Mr. Chairman.
I move to amend by striking out the
word "the" before the word "audi-
tor" and after the word "auditor" the
words "of public accounts."

Mr. WOOLWORTH. The first sec-
tion says "auditor of public ac-
counts," and I think we ought to have
the different sections of the article
agree. The word "the" is a typo-

graphical error.

Mr. ESTABROOK. If it is right,
then our laws as they have existed
ever since we have been organized
as a government, have been wrong.
It seems to me the simple word "au-
ditor" is preferable.

The motion was not agreed to.

Mr. TOWLE. Mr. Chairman. I
move the adoption of the section.

Mr. HASCALL. Mr . Chairman.
This motion was susceptible of di-
vision and was voted down on that
account. I move to strike out the
word "the" before "auditor."

The CHAIRMAN. The committee
has refused to strike out these words,
and a motion cannot be made to
strike out again.

Mr. WOOLWORTH. This word
"the," is a typographical error, and
was not the original report.

Upon this question of order I wish
to be heard. I think the chair is mis-
taken for the reason that we have
adopted Cushing's Manual and it
says "that if there is a motion made
to strike out certain words and it
fails, you may afterwards move to
strike out the same words in con-
nection with other words."

Mr. MASON. Mr. Chairman. I
rise to a point of order, we have no
question before the committee.

The CHAIRMAN. The point is
well taken.

Mr. KIRKPATRICK. Mr. Chair-
man. I have been misled, having a
different report from the other gen-
tleman and think it is right.

The CHAIRMAN. The word "the"
will be stricken out by unanimous
consent. The question is on the

44:4

STATE SEAL— SALARIES

Tuesday]

EST ABROOK— EATON— MA SON

[July 18

adoption of the section as amended.

The motion was agreed to.

The Chairman read the next sec-
tion as follows:

Sec. 21. The officers of the exe-
cutive department, and of all the
public institutions of the state, shall
at least 10 days preceding each regu-
lar session of the general assembly,
severally report to the governor, who
shall transmit such reports to the
general assembly, together with the
reports of the judges of the supreme
court of defects in the constitution
and laws: and the governor may at
any time require information, in
writing, under oath, from the offi-
cers of the executive department, and
all officers and managers of state in-
stitutions, upon any subject relating
to the cond tion, management and ex-
penses of their respective offices.

Mr. ESTABROOK. I move to
amend by inserting after the word
"governor" In fifth line the words
"or either house of the legislature."

The amendment was agreed to.

Mr. KIRKPATRICK. I move the
adoption of the section.

The motion was agreed to.

The Chairman read the next sec-
tion as follows:

Sec. 22. There shall be a seal of
the state, which shall be called the
"Great Seal of the State of Nebras-
ka," which shall be kept by the sec-
retary of state, and used by him,
officially, as .d'rected by law.

Mr. EATON. I move the adoption
of the section.

The motion was agreed to.

The Chairman read the next sec-
lion as follows:

Sec. 23. The officers named in
this article shall receive for their
services a salary, and they shall not,
after the expiration of the terms of
those in office at the adoption of this
constitution, receive to their own use

any fees, costs, perquisites of o£Sce
or other compensation. And all fees
that may hereafter be payable by law
for any service performed by any offi-
cer provided for in this article of
the constitution, shall be paid in ad-
vance into the state treasury.

The salary of the Governor shall
be $3,000. The salary of the Secre-
tary of State, of the Auditor of pub-
lic Accounts and of Superintendent
of Public Instruction shall each be
$2,000. The salary of '♦he Treas-
urer shall be $2,500. The salary of
the Attorney General shall be $1,500.
The Lieutenant-governor shall re-
ceive twice the compensation of a
Senator.

Mr. KIRKPATRICK. I move the
adoption of the first clause of the
section.

Mr. NEWSOM. I move to amend by
striking out the word "own" in third
line.

Mr. MASON. I do not rise to ad-
dress myself to the motions now be-
fore the committee. Doubtless this
section when reported by the commit-
tee was correct. It may be so now,
but if he thinks to go back and ex-
clude all state officers it may be very
questionable. Until we amend this
section no other officers were includ-
ed excepting in the cases named in
the first section. Since that time we
have referred to all state officers.
Now, if this is to be limited to the
six who are designated by their name
or office it should prevail. But if
it is to apply to all officers, land
officers and others, it seems to me
questionable whether it should pre-
vail or not.

Mr. WOOLWORTH. It seems to
me very plain — "the officers named
in this article."

Mr. MASON. I only desire to say

SALARIES OF STATE OFFICERS

445

Tuesday]

KIRKPATRICK-THOMAS-BOYD

(July If

that I preferred, instead of the word
"article," "the officers named in the
first section;" then there can be no
question raised in respect to this mat-
ter. I prefer the term "article," so
as to say what we mean and nothing
more. I throw it out as a sugges-
tion.

Mr. KIRKPATRICK. Mr. Chair-
man. The object of the committee
in reporting this section was simply
that it provides for the salary of all
these state officers named in this ar-
ticle; and it is not the intention of
the committee to allow them to re-
ceive fees outside their salaries. The
fees received by the Secretary of
state should go into the state treas-
ury.

The motion of Mr. Newsom to
strike out the word "own" was lost.

Mr. THOMAS. I desire to ask the
chairman of this committee whether
this section is correctly printed or
whether the words "to be established
by law, which shall not be increased
or diminished during their official
terms," were intentionally omitted.

Mr. WOOLWORTH. It was^strick-
en out by the committee. It was
done because in the constitution of
Illinois the salaries are fixed in the
legislature. It is proposed to adopt
another policy and fix the salaries
in the constitution. Of course if they
are fixed in the constitution they can-
not be increased or decreased by the
legislature. Therefore the provis-
ion in the Illinois constitution be-
came unnecessary by reason of fix-
ing those salaries.

Mr. MASON. I now move to strike
out the word "article" in the first

line and insert the word "section."
I So that it may read "the officers
named in this section." The three
officers are named, it will be observed
in the latter part of the section.

The motion was agreed to.

The CHAIRMAN. The question
now recurs upon adopting this para-
graph.

Mr. BOYD. I move to insert, after
the word "salary" in the first line,
the following: "To be established
by law, which shall not be increased
or diminished during their official
terms;" and insert before the word
"the" in the seventh line, "only es-
tablished by law."

Mr. CHAIRMAN. The motion to
amend the last paragraph does not
come in until we have disposed of
the first section.

Mr. BOYD. I offered my amend-
ment to the second part of the sec-
tion to make it correspond with the
first.

The CHAIRMAN. Then it reads:
The officers named in. this section
sha.l receive for their services a sal-
ary to be established by law, which
shall not be increased or diminished
during their official terms.

Mr. ESTABROOK. Is that as far
as the amendment goes?

The CHAIRMAN. Yes.

Mr. ESTABROOK. Then I think
am in favor of it. Now the salaries
thpt will be required for these va-
rious offices at the present time will
be different, it seems to me, to those
which will be required in the future.
In the first place, from some of these
officers the state is going to require
duties that will demand peculiar

446

SALARIES OF STATE OFFICERS

Tuesday]

ESTABROOK— WOOLWORTH

[July 18

fitness and -will require talent that
would be worth more than it would
bs subsequently when the duties were
less responsible. For Attorney Gene-
ral the man should be the best lawyer
in the state of Nebraska. He will be
required to look after the lands
that have been taken from the state
and pick up evidence in relation to
them, and must endeavor to disen-
tangle the web that has been woven
around our affairs, and all this out-
side his other duties, such as giving
advice, prosecuting criminal cases, is-
suing forms of procedure, etc. I
know it requires a good deal of wis-
dom and industry. I do not think
myself that all the wisdom is going
to die when this convention dis-
solves. I am perfectly willing to
leave it to the future legislatures of
this state to say what they are able
to pay, as it is in the amendment.

Mr. WOOLWORTH. Mr. Chair-
man. I desire to say one or two
words more. I do not think all the
wisdom is going to die when this
convention adjourns. I think the
legislatures which are to sit in this
hall hereafter, most of them, will
all probably be composed of discreet
and honest men. But it is very easy
to see that when an officer of this
state is once installed in his office
and the legislature is assembled
here. I say it is very easy and it
would be very natural for that state
officer to go to that legislature, and,
by addressing himself to each indi-
vidual member of it, or to a certain
section of it, get them to increase his
salary. It may be very largely in-
creased, and it is to relieve the leg-

islature from those sort of Importu-
nities that the committee undertook
to fix the salaries in the constitution.
Now, it is suggested by my friend
who proposed the amendment that
these salaries may not be increased or
diminished during the term of office
of any particular incumbent. Very
true, but that does not relieve the
matter of the difficulty that I have
adverted to, because these officers
will be subject to re-election, will be
pretty certain to desire re-election
some of them at any rate, and
will very likely go to work to
induce the legislature to increase
their salaries, expecting to be
re-elected. So much for what
has been said by the gentleman from
Douglas, (Gen. Estabrook) in refer-
ence to the comparative virtue and
wisdom of this body and the legis-
latures which are to sit here here-
after. We are so circumstanced as
not to be subject to these importuni-
ties at all. The legislature will be
subject to them, and, therefore. I
think our circumstances are unlike.
Now, as to the salaries which should
be fixed'instead of varying them from
time to time. Reference has been
made to the Attorney General and
the duties that would be entailed up-
on him at this juncture, in disen-
tangling state affairs. I will tell you
what I think about that. I don't
think you can fix a salary — no legis-
lature of this state, nor this conven-
tion can fix a salary, can agree
among themselves upon the salary
that shall be paid to the lawyer
whose duty it shall be to go to work
and untangle this action. I know

SALARIES OF STATE OFFICERS

447

Tuesday]

WOOL WOETH—TOWLE-KIKKPA TRICK

[July 18

you would be surprised to hear me
state what I would pay the attorney
general who addresses himself to
this work. It would be a very large
sum. What do you think the Union
Pacific railroad company pay the very
competent gentleman who has charge
of its business? It is a very large
sum. Why does that corporation
pay that large sum for this lawyer's
services? Because they think it
cheaper to employ a good and ca-
pable man, and pay him a good sal-
ary. Will the gentlemen of this con-
vention undertake to pay to this at-
torney general the same salary this
gentleman receives from the Union
Pacific? I think not, I think it
would be foolish. ■ When the ques-
tion comes up, "how are you to get
the services?" Not by increasing the
salary of the attorney general to the
enormous sum he receives, but let
the legislature, as heretofore, vote
to employ special counsel in all im-
portant matters. It is the ouly way
it can be done. It can't be done by
fixing the salary. Therefore I think
it is better to leave this matter as the
committee has left it. I think it is
better to adopt the clause that now is
before the house unamended. That
is to say, I think it is better for this
body to fix these salaries in this con-
stitution rather than to leave the
matter with the legislature.

Mr. TOWLE. Mr. Chairman. Per-
haps I am a little in the dark in re-
lation to the amendment proposed. I
understand that the legislature shall
have power to increase the salaries
during the term of office of some of
the officers. The idea proposed by

the gentleman from Douglas (Mr.
Estabrook) that those present of-
ficials would be importuning these
legislators for an increase of salary,
I think it is a good argument, and
the point is not well taken. If the
salary was increased it would hold
out inducements for other candidates
to that office. It is a favorite method
with state officers to hold out to the
world the pretense that the office is
worth nothing — it is scarcely paying
expenses. Xow can this constitution
establish these salaries for a term of
years? The currency may change.
There may be a war and the curren-
I cy of our country may not be worth
as much as it is now. In other words
when we give $3,000 today, in other
years it may not stand for more than
$1,000 or $1,500. I am in favor of
the amendment of the gentleman
[from Douglas (Mr. Lake.)

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

Amendment not agreed to.

The CHAIRMAN. The question is
upon the paragraphs as amended.

Agreed to.

Mr. KIRKPATRICK. Mr. Chair-
man. I propose to strike out the first
line, which fixes the governor's sal-
ary at $3,000, and fix it at $2,500. I
don't propose to make any elabo-
i rate remarks upon this point, but I
consider it is too high, and I there-
j fore move to strike out the $3,000
I inserting $2,500.

Mr. CASSELL. I move to amend

the amendment, and make it $6,000.

Mr. MASON. Mr. Chairman. I

desire to address myself to this ques-

4i8

SALARIES OF 8TATE OP^FICERS

[Jul> IS

tion, and to say a few words with re-
gard to these particular amendments
proposed. I don't think it wise to
fix the salary for any of these officers,
which is unchangeable by the leg-
islature. Let us consider this ques-
tion in a light of experience of the
last ten years. I well recollect that
in the beginning of 1S62 a dollar
was worth a dollar; but within the
two years that followed it took $2.75
to buy as much as $1.00 would buy
at the beginning. In the beginning of
18C2 $1.00 would buy as much in the
market as $2.50 would two years
from that time. You cannot fix an
irrevocable standard value upon
money. We pay these officers in
money. I can one year, hire the
same help for $20 per month that the
following year will cost me $30. I
allude to these matters as practical
every day affairs of life, and it be-
hooves us lo hp ^^niried by tb^s"
practical rules for fixing the salaries
of our oCicers.

Now in conclusion I think that it
might be wise for the legislature to
fix both minimum and maximum
salaries. I think it would be wrong
to fix an inflexible salary for any of
our officers. While I do not address
myself to the consideration of the
amendment offered by the gentle-
man from Douglas, I do hope it may
prevail. I would not leave it in the
power of the legislature to change
the salary of the governor during his
term of office; but I would leave it
free for thcni to fix the salary at
some reasonable sum. I have found
and here again 1 can only be guided
by my own experience, and by that

experience which I apprehend is
within the mind of every gentleman
in this committee. I have found in
all the relations of life that cheap
help was the dearest help I had
about, and where is the man that
has not? And as your business in-
creases you must increase your sala-
ries in order to secure a good care of
your business. We have heard in
this convention of the capacities of
these great corporations to extend
their influence and secure their aims.
How is all this done? Why, in every
instance you see them commanding
the best talent in all the land. How?
By buying it, by hiring it, and it
seems to me that we mi,ght learn a
lesson of wisdom in this direction.
While we ought not to pay such
large salaries, let us connect the
honor of the office with a salary
sufficient to secure the services of
good and competent men. While I
would not fix the bands of the con-
stitution like the laws of the Medes
and Persians, yet I would like that
this may be fixed so as not to be
changed during the time of office, and
also to have the maximum and mini-
mum of the salary fixed by the con-
stitution. In speaking on this sub-
ject I wish to call the attention of
the convention what we have already
done. We have taken steps to in-
quire into the expediency of securing
an executive mansion. Since the in-
troduction of that resolution I have
changed my views somewhat on it
and I think it would be well to con-
sider the expense of this movement
as compared with the rent necessary
to he paid for a suitable mansion.

SALARIES OF STATE OFFICERS

449

MASON-KIBKPATRICK

[July 18

and I may here remark that the ex-
ecutive of the state is expected to
embody the hospitality of the state,
that hospitality of which every citi-
zen of the state of Nebraska is proud,
should be placed within his grasp
so that he should not have to put his
hand into his own pocket to supply
it. Permit me to suggest that your
salaries have been beggarly low in
the past and it seems to me that here
lies the temptation to social ruin not
only in the state but the disintegra-
tion of our political relations abroad.
It seems to me, Mr. Chairman, that
there is reason for this founded not
only in experience but also in di-
vine revelation. I think I had occa-
sion once before in this convention
to say that that man has not yet been
born who can tell just what amount
of temptation he may withstand
and that is the reason of the injunc-
tion to pray "lead us not into temp-
tation." What do you expect of a
state officer, if it is not the concentra-
tion of all his mental powers in the
faithful performance of the duties of
his office? It is idle to talk morals
to a man whose children are hungry.
It is idle to talk public business to
a man when his family is in need. It
is idle to taik of compelling the seve-
ral state officers to move to the Capi-
tal c'ty of Lincoln on meager salaries.
This is all the reflections I desire to
make at the present time. If the
views which have suggested them-
selves to my mind shall meet the
views of a majority of this conven-
tion, then I desire at the earliest con-
venient moment of time that it may
be entertained here to move the re-
commitment of this section to the
29

committee.

Mr. KIRKPATRICK. Mr. Chair-
man. I in the main agree with the
gentleman, (Mr. Mason). I agree
with his premises, but not with his
conclusions: The question as I un-
derstand it is on inserting $6,000.
I have an amendment which I wish to
offer at the proper time. I will read
it now, to add at the close of the sec-
tion "until otherwise provided by
law." Now sir there has much been
said here on the fluctuation of cur-
rency. Now sir, I undertake to say
that it is not competent for th-s con-
vention to take into account these
sliding scales of value, and there-
fore I am in favor of leaving this
matter to the legislature. Now sir,
there are men of different degrees
of proficiency, and we wish to secure
such as will prove most competent
to execute the duties of the office.

I undertake to say that there are
men in Nebraska as well qualified
to discharge the duties as any men
I in it working for a salary of |1,-
000 a year. This is a question that
I touches the pockets of the people. I
think every good man ought to be
influenced by patriotism, ought to "be
willing to serve his fellow citizens,
not without compensation, but he
I may decline if the salary is too lit-
tle. My opinion is the whole ques-
i t:on should be left to the legislature.
' There has been a good deal said
about beggarly salaries. I beg to
read from the constitution of Iowa,
adopted in 1857. "The salaries of
judges of the supreme court under
[this constitution is $2,000 per an-
num, district judges $1,600 per an-
num up to the year 1860, after such

450

SALARIES OF STATE OFFICERS

Tuesday]

BALLARD— CASSELL

(July 18

time they shall receive such com-
pensation as the legislature shall by
law prescribe."

Mr. BALLARD. Mr. Chairman.
I wish to make one or two sugges-
tions. I am opposed to leaving this
important matter of salaries to the
legislature. I am surprised that gen"
tlemen should talk as though the
paying of salaries was an eternal
matter. Did we not make some ar-
rangement to amend the constitution
at the will and pleasure of the peo-
ple? I am opposed to high salaries,
and stupendous palaces for our serv-
ants, while a great many of my con-
stituents, are living as It were, in the
ground, and the people will vote the
constitution down if you attempt it.
What is the experience of our neigh-
bors? Take the state of Iowa, no
state ever paid her officers less money
than the state of Iowa. No state
stands better as to the character of
her state officers, as to her finances
than does Iowa, save and except Cali-
fornia as to finance. I am opposed
to high salaries and opposed to leav-
ing it to the legislature. When the
constitution goe.s lo tlit^ i)hoiiIi', they
want to know what they have to do
financially as well as otherwise, if it
is found the salary is too low, the
people may change it. If you elect
an honest man he will not take a dol-
lar that does not belong to him, if
he becomes a beggar by it, and while
I dissent that low salaries make
thieves, I am willing to pay gentle-
men what they are worth.

Mr. CASSELL. Mr. Chairman.
The convention seems disposed to
have the governor reside at the capi-
tal. It is well known to all the gen-

j tlemen, that as a general rule this is
1 the most expensive place in the state
to reside at . I am pretty well post-
ed in the rents and so forth In this
place and perhaps a few figures on this
question would not be amiss to show
how much the governor would make
out of $3,000. In the first place it
would cost him eight hundred or a
j thousand dollars for the rent of a
! suitable house. It is not likely that
a gentleman elected governor would
like to bring his own furniture here.
It would probably cost $2,000 or
$3,000 to furnish a house appropri-
ately to receive officials from other
j states. It has been customary for
I the state officials to have a reception
{occasionally, this cannot be done for
j less than five hundred dollars. This
! consumes the whole of the $3,000.
What does the governor have for
the labor he performs for the state?
If we want good men, men appropri-
ate to transact our business in a
proper manner, we should certainly
be willing to pay them a decent sal-
ary over and above his expenses.
It seems to me that $3,000 additional
to his expenses would be a very small
sum. Suppose you elect a merchant
or a legal gentleman, whose income is
$3,000 to $5,000, would you ask him
to sacrifice his business or profession
to come here to be governor and
leave the office with less money than
he had when he took it, in addition
to losing custom? I think this ques-
tion should be postponed. Some
action might be taken on the resi-
dence of the governor. If we agree
to purchase the residence the salary-
should not be so high. In case the
convention does not see fit to pass

SALARIES OF STATE OFFICERS

451

TuesdayJ

GRIGGS -BALLARD— WOOLWORTH

[July 18

that resolution, I am decidedly in
favor of $6,000.

Mr. BALLARD. Let me ask the
question — does not history show that
the small salaries secure competent
officers?

Mr. CASSELL. No, sir, I think
not.

Mr. GRIGGS. The ideas advanced
by the gentleman from Otoe certainly
meet my approval. I am opposed to
making the salary of the governor
$G,000. I do not think it would be
required; It would not be policy.
Neither am I in favor of placing it
at $2,500. I do not believe any man
■who has the ability to act as gover-
nor would accept such a salary, and
leave his business to come here.
Leave it so that the legislature may
change it when necessary. The gen-,
tleman from Washington says he
knows a great many men capable of
discharging the duties of the gov-
ernor who are at present living in the
ground.

Mr. BALLARD. I said I was op-
posed to fine palaces and high sala-
ries when many of our citizens lived
in the ground. I did not say they
were eligible for governor, yet I
do say I do not think they are not.

Mr. GRIGGS. Bring them into the
position where they come in contact
with men from all parts and have to
entertain visitors and they will be
placed in different circumstances. I
am opposed to those insufficient sala
ries, and I believe that the gentlemen
from Washington and Cass who are
the advocates of the low salaries, are
the enemies of the state. What man
will come here for $2,500 when it

will cost him $3,000 or $4,000 to
pay his expenses while here?. It al-
lows no man to accept the position un-
unless he has lots of money to spare.
I am opposed to allowing any man,
just because he has the money, to
step in and take the place in prefer-
ence to a man who is just as worthy,
but is unable because he is poor. I
believe any man whose ability is such
as to entitle him to the position has
the right to accept it: and I am op-
posed to inadequate salaries.

Mr. STRICKLAND. I should sug-
gest that this be re-committed; and
that when the committee rise they so
recommend; or pass the section
over.

Mr. WOOLWORTH. I hope this
will not be sent back to the commit-
tee without some expression on the
part of the house on the matter. I
am satisfied the committee are not
likely to make a report very unlike
that which they have already made.
There was considerable disagreement
between the members of the commit
tee upon this matter, and they came
together as well as they could, and I
think it is desirable that when it
goes back to the committee it should
go back with some expression of the
house in reference to this matter.
And now, sir, perhaps this is as good
an opportunity as I shall have to ex-
press my views upon this matter in
all its different aspects. I am op-
posed to the suggestion made by the
gentleman from Cass to remit this
matter generally to the legislature,
for the reasons I stated when upon
the floor before. But, at the same
time, I recognize the cogency of the
argument of the gentleman from

452

SALARIES OF STATE OFFICERS

Tuesday 1

WOOLWORTH

[July 18

Otoe In resnect to the changes which
must, and hay? and are likely to take
place in the value of money, and the
expense of living. And that it is de-
sirable that ttis matter should be
made, if possible, subject to some
fluctuations. There are serious de-
fects, I apprehend, in the way of
realizing the remedy he suggests — a
maximum and minimum salary. I
think it will be exceedingly dilHcult
to frame a provision to be incorpo-
rated in the constitution fixing a
maximum salary and a minimum
salary, and leaving it to the legisla-
ture what the entire sum to be given
shall be? But, I shall have this pro"
position to make when the right time
shall come — that a proviso be add-
ed at the end of the section that at
the expiration of some period of
time the legislature may readjust
these salaries, and at the expiration
of like periods of time like re-adjust
nients may be made — all by a general
law. I know it may be objected that
this will change the officer's salary
during his term of office; but that
same objection might be made to
the suggestion of the gentleman from
Cass, which, I understand is approved
by some of my colleagues. If the mat-
ter be left with the legislature then
change might be made during the
the term of office of the incumbent. It
seems to me that the difficulties of
the case would be somewhat obviated
by providing that the legislature
might, by general law, at certain
specific times, re-adjust these sala-
ries. That is all I propose to say
with reference to the matter. And
now I wish to say something with
reference to what these salaries shall

be as fixed in the constitution. Now
I know perfectly well that this is a
very troublesome matter for us to
come to an agreement upon. Our
habits of living and our employments
are so unlike that it is exceedingly
difficult for us to come to a conclu-
sion. Xow, with the very small fami-
ly I have, and accustomed, and, from
taste preferring, an exceedingly mod-
est way of living, I can afford to
live, and I presume I do live, and my
colleague before me knows it per-
ferctly well, on a very moderate sum;
but there are gentlemen accustomed
to a little freer way of living, who
have a larger family, and they are ac-
customed to the expenditure of much
larger sums of money; and so oth-
er gentlemen here, pursuing employ-
ments that do not call for the mode-
rate expenditure in w.iich I myself
indulge, are willing to establish
smaller salaries than I think right.
And so it is that we have great dif-
ficulty in coming to an agreement.
I see how troublesome it will be, and
therefore I desire to invoke not only
the attention but the utmost liberali-
ty towards one another's views in the
consideration of this subject. And
right here I beg to answer an enquiry
addressed by the gentleman from
Washington (Mr. Ballard) to the
gentleman from Lancaster (Mr. Phil-
pott), as to whether the history of
state government throughout the
country showed that smaller salaries
did not secure competent officers. I
can answer the gentleman, and from
history, and I do answer him from
history when I tell him that small
salaries have not secured the best
officers, and I do answer him from

SALARIES OF STATE OFFICERS

4:53

Tuesday]

WOOLWORTH

[July 18

the history of the state to which he
appealed. I answer him from the
history of the state of Wisconsin. I
answer him from the history of many
states of this union, and I tell him
that the small salaries which have
beenfixed in the constitutions ofthose
states have not secured even com-
petent or honest ofBcers. Vi'hy. the
gentleman from Cass reads from the
constitution of Iowa, and shows that
salaries of the supreme judges were
fixed at $2,000. Well, sir. some of
the gentlemen who sat upon the
bench of the supreme court of Iowa
have adorned that bench, and been a
credit to the state, but upon what
have they lived? Upon their salary?
No, they have not lived upon that.
One gentleman who fills the office
of judge has been compelled to edit
a Law Journal, which gives him
about two thousand dollars: he also
fills the professorship of a law col-
lege, which gives him about a thous-
and dollars more. Gentlemen who
fill these offices there, are compelled
to eke out their salaries by means of
private funds or take other positions.
So much for a part of the history of
Iowa. Now I ask your attention to
still another page in her history. I
know that the private secretary of
one of the governors of the state of
Iowa was charged with very high
crimes, and was actually indicted by
a grand jury, but the matter was fi-
nally smoothed over, in some way,
but it is believed today by the peo-
ple who are conversant with the facts
that he committted the crime for the
sake of advancing the interests of, or
rather for the purpose of securing
money for his superior officer. Gen-

tlemen talk about meager salaries in
this state and malfeasance of state
officers. Let me tell you, you may
expect malfeasance and misdemean-
ors in office so long as you pay such
low salaries. You pay small salaries
secure small men to fill your offices.
There are enough good men; com-
petent men: honest men in the state,
but they cannot live upon the salaries
that you offer. They will not take
the offices. They have too much
self respect to take your offices. So
you get second and third rate men,
they take your offices and eke out the
salary with what they get otherwise.
I ask my colleague (Mr. Estabrook)
who formerly lived in the state of
Wisconsin, what has become of the
school funds that state received —
twice as much, when she came into
the union as Michigan received?
What has become of her school
funds, and her university lands? It
is one of the blackest chapters ever
written in the history of any state.
It was written by public officers who
were paid, each, two thousand dol-
lars per year. Now sir, that is the
history of small salaries. That is
what comes of taking men who are
incompetent when they come into of-
fice, and dishonest when they go out.
Forty thousand dollars of the
school monies belonging to the state
of Iowa were swept out of her cof-
fers. Ten thousand dollars, perhaps,
were saved by paying her officials
small salaries and forty thousand
dollars were swept out of the state
coffers. These, sir, are histories
such as the gentlemen from Wash-
ington (Mr. Ballard) desires. It is
the disgrace of this country sir, that

45i

SALARIES OF STATE OFFICERS

Tuesday]

WOOLWORTH

[July 18

these chapters have heen written in
almost every thing with which small
salaries are connected. See what
has been done in Nevada and Cali-
fornia and other states of the west.
There never was a time since the
days of Kent, Spencer, Pratt and
Van Ness, we have had no such ju-
dicial decisions anywhere else, as has
been recorded in the state of Califor-
nia. Commencing with the Tenth
Volume of her Reports and coming
down to the Thirty-ninth, there is
not a judicial decision recorded that
does not command the attention of
all the lawyers of the land, today
they are quoted as law in Westmin-
ster. How does it come that the
judges of that state are men of such
a high order of talent. It is because
their salaries are fixed at $10,000 per
annum, in gold. By paying this sal-
ary the people of that state have se-
cured for their judges men of as good
legal ability as can be found in the
United States, and with all her
wealth of mines, with all her wealth
of gold, the true wealth of the state
of California today consists in the
judgments of her courts recorded in
these twenty-nine volumes of her
decisions. There is a monument;
there is glory: there is wealth of
which any state may be proud, and
which is far superior to the wealth
which is dug out of the hillsides ot
the "golden state," and just so it is
ID the executive department of that
state. The gentleman from Cass |
(Mr. Maxwell) says he knows men
who are competent to fill the office
of treasurer of this state who would |
be glad to take the office at a thous- I
and dollars per annum. I presume I

i there are" accountants in this state
who are willing to take a thousand
dollars and do the duties of that of-
fice. The First National bank at
Omaha pay their book-keepers, each
of them, $2,500 and some perquisites
which carry their pay up to $3 000 or
$3,500. Why the boy. not yet twenty
years old, who goes around to make
collections for that bank, is paid
$1,200 per annum, and you propose
to pay an officer of this state, into
whose hands shall pass the immense
sums of money belonging to the state,
what is paid these clerks and even
less. Why, what are the duties of
the governor, and what the duties of
the treasurer of this state? Simply
to Keep accounts? I think their du-
ties are very high duties. They are
duties which require not only labor,
time and attention, but they require
the highest — the most serious
thought and reflection. The consci-
entious man who holds one of these
offices cannot help, if he would, but
be pressed with the cares and the re*
sponsibilities of his office. Why, I
would not give a snap for a lawyer
who would not be exercised — exer-
cised, yes agonized at times with the
responsibilities forced upon him.
Every man must so feel at times or
else he is not the fit man for those
duties, and these officers must feel in
this way and feel this conscientious-
ness and desire their whole duty, not
for themselves but for the state they
serve. To be an officer of this state
bearing upon his shoulders the re-
sponsibilities that is always there —
to be the chief executive or to hold
any one of the offices of the execu-
tive department Is an honorable trust.

SALARIES OF STATE OFFICERS

45 5

Tuesday]

MYERS-KIRKPATRICK

worthy the abilities of wise, just and
high minded men, and those are the
men that can only be secured by pay-
ing them for anxieties and care of
such office. Now sir, I am in favor
neither of paying $2,500, $3,000 nor
$6,000 to the governor, but I am will-
ing to pay him $5,000. Offer that
amount and you will secure the
services of good men. and I am in
favor of giving each state officer
commencing with the secretary of
the state and coming down $3,000
each. I think these men are abun-
dantly worthy of that amount if they
are worthy of the office.

Mr. STRICKLAND. Mr. Chairman.

1 move the committee rise, report
progress and ask leave to sit again at

2 o'clock.

The motion was agreed to.

Mr. MYERS. Mr. President. The
committee of the whole have had un-
der consideration the article entitled
the executive, and have instructed me
to report progress and ask leave to
sit again at 2 o'clock. I move the
report be accepted and the request
granted.

The motion was agreed to.

Ad.jonrnment.

IMr. BALLARD. Mr. President.
I move we adjourn until 2 o'clock
this afternoon.

The motion was agreed to.

So the convention (at twelve
o'clock and six minutes) adjourned.

Afternoon Session.

The convention was called by the
president to order at 2 o'clock.
The secretary called the roll.

! Committee of the Whole.

The PRESIDENT. The hour fixed
by special order having arrived, the
convention will resolve itself into
committee of the whole, Mr. Myers
in the chair.

The CHAIRMAN. The commit-
tee of the whole have again referred
to them the article on executive. The
motion of the gentleman from Doug-
las (Mr. ) is pend-
ing to insert $6,000 in place of $3,-
000 salary of governor.

Mr. KIRKPATRICK. Mr. Chair-
man. I think the amendment should
not be adopted. I have heard no
good reason why it should. The
whole ground of American jurispru-
dence has been gone over in the dis-
cussion of this provision. My learned
friend from Douglas (Mr. Wool-
worth) delivered himself upon the
general subject of salaries of officers.
He adverted to the state of Iowa
very feelingly, and asserted that its
judiciary was inferior to that of other
states because of the niggardly sala-
ries paid to them. I may remark
that I believe they will compare fa-
vorably with any western state. He
also adverted to the high distinction
of the judiciary of California, the
great reputation it had, and attribut
ed it all to the liberal salaries paid
the judge.s of that state. I find on
examination the pay of the chief jus-
tice of the supreme court of the Unit -
ed States was originally $6,000 and
associate justices $4,000. They hold
one session at the capital each year,
besides being placed on service in the
states. That had nothing to do with
the question before this committee.

450

SALARIES OF STATE OFFICERS

Tuesday!

KIRKPA TRICK— BALLARD

[July 8

I contend that we do not need now
to employ this high legal talent; the
only argument in favor of a great
salary is simply this, that Lincoln is
an expensive place to live, he must
live in fine style, keep his carriage
and so forth. I dissent from all this.
I am very sure we will not make a
rogue out of an honest man by pay-
ing a low salary. I beleive all officers
ought to be paid a fair compensation
for the services they are required
to perform. It would be prodigal
to pay an officer more than his serv-
ices are worth. A gentleman from
Omaha remarked that the chief book
keepers of the First National bank
there received a salary of $2,000 and
$2,500 a year, therefore the governor
should have at least $5,000. I
should say the money passing
through that bank in one month ex-
ceeds the revenue of the state of Ne-
braska. I would really prefer not
to fix the amount, but leave it to the
legislature to increase the salaries
when necessary. After looking over
the provision made for the pay of
state officers generally, I find the re-
port is above the salary usually
given to governors in the west. I
believe the governor of the great
state of New York only receives
a salary of $3,000 a year, and I be-
lieve there are but two or three states
where the salaries are as large as
the gentleman proposes to have it by
this amendment. Now I do not pro-
pose to go over the ground trodden
by some .gentlemen to talk about
making men dishonest by low sala-
ries. I do not propose to say a word
in that direction, no matter what my
private opinion may be on the sub-

ject.

Mr. BALLARD. Mr. Chairman.
If the convention will bear with me
a few moments I wish to reply briefly
to a remark or two made by my.
friend from Douglas (Mr. Wool-
worth) for whom I entertain the
greatest respect. I do not wish to be
set down as one of those who a.dvo-
cate beggarly salaries. I do not wish
to be understood as advocating that
side of the house, nor do I wish to
be understood as advocating exhorbi-
tant salaries with fine houses. Now,
suppose we look about us and apply
that rule and one that is applicable to
the every day transactions of life.
Suppose my honored friend, Mr.
Lyon here, proposes to take a farm.
He looks around and. ascertains the
amount of money he has to expend,
finally determining that he wants a
farm of so many acres, and that he
wants it improved in this particular
manner and that acting wisely, he
counts the cost before be starts out.
Another gentleman pursues a course
contrary to this. The result is
patent to every observing man. Hence
it appears to me this state, being
young, we should consider whether
the taxpayers are able to pay these
high salaries. My argument is that
one man is just as good as another
provided he acts just as well. There-
fore we should take into considera-
tion the farming interest of this state
in this matter. I would be willing
to give the governor $10,000 if we
were able to pay it. I will now no-
tice the remarks of the gentleman
from Douglas (Mr. Woolworth). and
the point at issue between us is. if
I understand him right that low sala-

SALARIES OF STATE OFFICERS

•457

Tuesday]

[July 18

r;es make thieves. Having taken
some notice of a few things which
transpired in Iowa, in ray argument,
the gentleman from Douglas also
goes there to look up the business
transactions of that state for many
years; and he finds, fhially, a mat-
ter of which I, being in Iowa City at
the time know something about. I
was there at the time that unfortu-
nate man of whom he spoke was in-
dicted. It was about like this, and
was told me by Mr. Wesley Redhead:
That this young gentleman, the pri-
vate secretary of the governor of
wnora the honorable gentleman
spoke, was generally believed to be
a thief before he came there, and the
people censured the governor for
bringing him there; and it was said
that the executive hired someone to
steal the indictment from the proper
office, and he gave something for it
and thought that would end it. I
want to show the gentleman some
stealing that was absolutely done
there. In doing so I shall merely
advert to the facts. One Thomas
H. Benton, and by the by, a good
democrat; yes, sir, and a good man,
held the office of superintendent of
that state for many years under a
salary if I mistake not, of $2,500 per
year. He served the people in that
capacity for many years; everybody
respected Tom Benton. All the
school fund commissioners through"
out the state, except very few,
thought the world and all of him. I
happened to be personally acquain-
ted with Thomas Benton; official du-
ties brought me in contact with him.
When he went out of office he did
so with credit and honor to the state.

No one charged Thomas H. Benton
with being dishonest. A gentleman
by the name of James D. Eads was
elected to succeed him. Mr. Benton
was a good deal like my honorable
friend from Douglas — a man that
economized. But Mr. Eads was a
gentleman who could not live very
well with only one lady, and she a
lady of doubtful virtue. He some-
times had two, and fine horses and
fine whisky induced him to do what?
It was not long before it was found
$40,000 of the school money of Iowa
was stolen. How does it come that
Benton was honest and Eads dishon-
est? Now, I come to the position I
took In the first place. If a man is
honest in the first place his salary
don't affect him in the least, but if he
is a thief he will steal all he can. If
a low salary tempts a man to steal,
why don't he only steal enough to
make his salary respectable and then
stop? No. Such a man is a thief
and will remain so till he d'.es. Now
sir, I will refer to the state of Penn-
sylvania where salaries used to be
very low, and where they are not
very high now. Where I remember
the governor of that state only used
to get, I think, $1,500 a year. Now
I would ask the gentleman to show
me a Dutchman in that state who
ever stole a cent. I will take an-
other instance. These school fund
commissioners of whom I spoke
charged upon their books for the ser-
vices rendered. Each man charged
just as he thought proper. These
accounts went up for allowance. It
was a subject of revision by the su-
perintendent. The very men who
charged the highest prices and got

458

SALARIES OF STATE OFFICEKS

TiieMla.v I

BO YD— WILSON- WOOLWORTH

I July li-

the most money, were the very
school fund commissioners that stole
the fund. Now, it seems to me the
gentleman's rule will not work any
way we can fix it, and, therefore I
conclude it is unfounded. I am will-
ing to say that the governor of this
state shall have $4,000, and I think
that is enough.

The CHAIRMAN. The question is
on striking out "three" and insert-
ing "six."

The motion was not agreed to.

The CHAIRMAN. The question re-
curs on the motion of the gentleman
from Cass to strike out $3,000 and
insert $2,500.

The motion was not agreed to.

Mr. BOYD. I move to insert
$4,000.

Mr. CASSELL. I move to insert
$5,000.

The motion of Mr. Cassell was not
agreed to.

The convention divided on Mr.
Boyd's motion when there appeared
ayes, 30 — noes, 13. So the motion to
insert $4,000 was agreed to.

The CHAIRMAN. The question now
is upon the section, as amended.

Mr. WILSON. I move that the
salary of the treasurer shall be
$3,000 instead of $2,500.

Mr. PARCHIN. I move as an
amendment to make it $2,000.

Mr. WOOLWORTH. Mr. Chair-
man. I desire very briefly to submit
to the committee one or two observa-
tions with respect to this particular
salary. I had a conversation when
coming down here with some gen-
tlemen, in reference to the office of
treasurer, and the proper manner of
taking care of the funds of the state.

He was a gentleman of large ex-
perience and by the business in
which he was engaged was called up-
on to take charge of large sums of
money. I asked him for informa-
tion respecting this matter. He said
come "do one of two things, either
give a very small sum, or else a very
large sum. Either course will se-
cure a first rate man. If you give a
very small sum then politicians and
men who are not accustomed to the
care and management of large sums
of money will not desire the place,
but it will be desired by banks and
financial men, who will use the
funds in their business. Then if you
give a large salary that really is a
salary to be proportioned to the
duties connected with the position,
give a sum which will secure the ser-
vices of a responsible and accurate
man."

We pursued this conversation and
he developed to me an idea, which,
at the proper time, it has been my
purpose to explain to the convention.
1 was informed by him that it was
the practice of many large cities to
deposit their funds in the banks, or
with individuals. This is the case
with the city of Chicago, which de-
posits sums varying from half a mil-
.ion to two million dollars. The
city receives proposals from indi-
dividuals, and from corpora-
tions, to take these funds, giv-
ing back a certain sum, as inter-
est. The person, or bank, who .gives
the largest interest gets the money,
and the borrower then maks a de-
posit of United States bonds as se-
curity for this fund. The question
comes up, is it wise, or expedient for

SALARIES OF STATE OFFICERS

459

Tuesday]

WOOLWORTH-McCANN

[July 18

US to adopt such a plan? If we do,

then the salary of our treasurer may-
be smaller than if he will be required
to take charge of the large sums of
money belonging to the state. If I
would make any distinction between
them, I would make the salary of the
treasurer less than any other officer.
It is proposed to provide by the con-
stitution that the, actions of the treas-
urer shall be examined by one officer
and the accounts adjusted by an-
other. Thus a warrant on the treas-
urer shall be drawn by one officer
and countersigned by another. If
that plan were adopted, there would
be no difficulty in keeping matters
straight; the warrant would be drawn
by the auditor and countersigned by
the secretary of state and then go to
the treasurer; then the treasur-
er would be little more than
a book-keeper standing between the
auditing officers of the treasury de-
partment and the disbursing officers.
It would be impossible for me to say
what the convention may do in re-
spect to this plan for securing the
treasury. I think that if the treasur-
er have charge of the state funds,
two thousand dollars is quite small
enough sum for the salary of this
officer.

Mr. McCANN. Mr. President.
Without proceeding to discuss what
may, or may not be incorporated in
the report of the committee on reve-
nue and finance. I shall give my
opinions and reasons for sustaining
this amendment making the salary
of the treasurer of the state $3,000
instead of $2,500, or any other sum.
Gentlemen, I don't believe it was the
intention of the intelligent men com-

posing this committee to have the
affairs of the treasury in such shape
that while you pay your treasurer
four hundred or five hundred dollars
or even $3,000, as a salary, that
double that amount, or ten times
that amount may be used out of our
state funds in private speculation.
Any man who has a fair book-keep-
ing experience, will bear me out in
this; that our state treasurer's books,
even as they are now kept by our
honest state treasurer, do not proper-
ly show the condition of our finances.
It is very easy for the books of that
treasurer to be kept so that $50,000
of the funds of the state of Nebraska
might be used by the treasurer. This
sum, at six per cent interest, will
make the sum of $3,000 yearly inter-
est. Now, Mr. Chairman, I believe,
that the matter which has been hint-
ed at by my friend from Douglas (Mr.
Woolwortli) foreshadows a policy
which will be adopted by the peo-
ple of this state. If this is done, we
should pay our treasurer such a sal-
ary as will pay a good and correct
book-keeper, and I take it that $3,-
000 is small enough sum for that.
Then you will have your funds to
let to the bank or corporation, or
book-keeper who can secure the same
and pay the greatest interest for the
use of it. I take it that if this policy
is adopted by this state, we will not
only secure our funds, but the inter-
est also which will be added to the
revenue of the state. I hope that the
salary of the state treasurer will be
put at $3,000.

Mr. KIRKPATRICK. Mr. Chair-
man. I hope this amendment to in-
crease the salary of the state treas-

460

SALARIES OF STATE OFFICERS

Tuesday]

GRAY— STRICKLAND

July 18

urer to $3,000 will not prevail. I
think that the suggestion that the
treasurer will not be the custodian ot
the state funds at all, is a good one.
But why pay him $3,000 to do this
clerical book-keeping? I am told by
those acquainted with the duties of
this office that there is more business
done, more worl\^done in the auditor's
office than in the treasurer's. I think-
the auditor deserves the highest
salary. This suggestion about the
change in our financial system is a
very important one, but why this of-
ficer should receive a salary of $3,000
(I'hen we propose to give the audi-
tor, and the superintendent of public
instruction but $2,000 each is more
than I can understand.

The CHAIRMAN. The question
recurs un inserting $2,000 iusti-ai of
f2,5D0.

Th« amendment was not agreed
to.

Mr. GRAY. Mr. Chairman. I
move to strike out, in the last line
$1,500 and insert $2,000. I agree
with the remark made this morning
as to the duties of the attorney gene-
ral and perhaps that amount $2,000,
would not be adequate to secure the
service of a competent lawyer. If we
are going to have this office in the
state it should be something more
than an ornament. It should be for
the performance of some important
duties and we ought to have a respon'
sible lawyer, but we will never be
able to get one for a small amount.
If you leave the salary as it is, lower
than that of any other officer, no re-
sponsible man will accept it.

Mr. STRICKLAND. Mr. Chair-
man. I move to amend by striking

out $2,000 and inserting $2,500. I
think the arguments of the gentle-
man are of considerable force. It
takes at least five years good study
to make a lawyer and several years
of practice before he would be compe-
tent to fill such an office and I think
he is worth more than that small
amount if a lawyer is to be elected to
fill this office, who has any pride, as
a lawyer and a man ought to have, he
will necessarily have to move here
and spend most of his time here and
he could not live on less than $2,-
500. I should not wonder if the
humblest lawyer in our city but gets
that much and is it to be supposed
that a good lawyer will leave his busi-
ness to come here for a less amount
than he is making at home. I am in
favor of giving more rather than less,
just to support the dignity of the of-
fice.

Mr. KIRKPATRICK. Mr. Chair-
man. The main argument for giving
these large salaries is to support the
dignity of the ofllce. I don't believe
we need such an office at all. but
when an attorney is needed we can
hire one.

Mr. STRICKLAND. Now we come
right to the question of dollars and
cents. Why they paid one gentleman
$500 for one night's work in getting
up the impeachment articles. Why
if we are to employ an attorney in
every special case it will cost in the
end far more than $2,500 a year, that
would be leaking at the bung hole
and saving at the spigot. Why, I
used to think the attorney general
was the mightest man on earth, and
he should be to be the legal counsel
of the state, he is the legal brains of

SALARIES OF STATE OFFICERS

461

STRICKLAND

[July IK

the governor and lie ought to be a state.

man able to give proper legal advice, j There is nobody particular to at-
Who should such a man be? Some \^Q^^ to anything, except it be a gen-
man who has no experience? No, sir. ^ogman who is employed to prosecute
I apprehend that the man who fills gQ^g individual case. I think the of-
this should have ability, for he will g^g gjtijer ought to be abolished en-
have to contend with giants in legal : tjreiy, or else have such a salary that
intellect. He should be a man thatlgg^jg sound lawyer, who will be a
could take a whole corporation and i credit to the state and can handle
shake the rights ot the state out of j tjjggg corporations will accept it.
it, if there be any sequestered there. ; uniggg we can I am in favor of strik-
I apprehend that the state should 1 jjjg jj g^i entirely. $2,500 is not a
look well to it, that nobody should considerable sum of money for an
occupy that place unless they be men attorney. There is not a single gen-
of ability and experience. Now, if it Ligman of the bar who tends to re-
is true as has been stated that every gpgctability as an attorney, that can
thing that has been dug up nere jj^^g ^q iggg than that. The distin-
about the state troubles and losses is ! guished honor is something, yet he
owing to the want of proper legal ought to be paid for his services. I
advice and I don't doubt it. Why j should be willing to pay the attorney
there is the more necessity to secure | ggneral the same I would pay the
a good man for this office, which can j supreme judge or the governor, and
only be done by paying a good salary, j ggg that we had the best legal ability
I can see many things that ought to j ju the state regardless of politics,
be done by the state's attorney now. ; one who will assert the rights of gov-
Here is a body sitting as a delibera- Igrnment everywhere. Almost every
five body on the fundamental laws 1 attorney general of the United States
of the state, that has incidentally [jg subject to close criticism, they
dug up this little matter of school work under a department learned in
lands. It is not the duty of this con- i law, and are served right along with
vention to investigate this matter, j instructions in regard to their duty.
but it should be the duty of the at- jMy friend Mr. Woolworth adverted to
torney general, and there are seve-jthe fact of Mr. Poppleton getting a
ral other things that I could refer to i salary of $10,000 a year, and I heard
that have come under my observation j one of the highest officers of that
•where the attorney ought to set him- j road make the remark that they
self to work for the state. If we are would not lose his services for $2 5,-
to wipe this office out entirely, iet it OOO. Here is a corporation running
be done and then let us depend upon ! through the state, and there is no
hunting up some one who can attend j question affecting that road, but
to this business for the state, but if j what Mr. Poppleton is there with his
we are to have the office, let us have strength and power. You remember
the officer, who can perform the du- one question wherein one county had
ties to the credit and safety of the a claim of $30,000 against that road.

4($2

SALARIES OF STATE OFFICERS

ESTABROOK

What did they do? Got a gentleman
of ability and paid him |4,000 or
$5,000. It is an actual necessity.
Let us make the attorney general a
respectable office and the people will
nominate a man who is able to fill
the bill with ability. If I had my
way I would have it $5,000.

Mr. ESTABROOK. Mr. Chairman.
I did not intend to say anything more
on the question of salaries, but I
esteem it my duty to make a remark
or two In regard to the salary of this
officer, and what I regard to be his
duties. In the first place let us see
what other officers of smaller char-
acter in a somewhat similar category
have received in this state. They
used in the counties to employ, each
county for itself sometimes, for the
duties of prosecuting such offenses as
arose in the counties. They found
that did not secure the services of
very able men, in some counties
there were no lawyers at all. While
it did not secure the services of able
men, it did cost more than would pay
a liberal salary. In 1867 the legisla-
ture passed a law creating the office
of district attorney whose duty it is
simply to go to the courts and prose-
cute before the grand juries such of-
fences as may arise, and it is his duty
to give advice to county commission
ers and the like. For that office the
state pays $1,500. The City of Oma-
ha was authorized to employ a city
attorney; the duties of that officer
were somewhat of a kindred charac-
ter of a district attorney. The salary
of that officer and which the city of
Omaha paid was $1,000 a year. But
for the attorney general of the state
of Nebraska you would pay but I

$1,000 a year. It is suggested by the
gentleman from Cass (Mr. Kirkpat-
rick) that the reason why they were
thus liberal in raising it from $1,000
to $1,500 was because of the dig-
nity somewhat, but because they
were satisfied the officer had very lit-
tle to do, that it was a sinecure, a fig-
ure head, I think perhaps the labor
of the office has not commenced in
this state. This leads me to call at-
tention to what I deem to be the du-
ties of that officer if we provide for
him. In the first place many years
ago, in the capacity of private prac-
tioner at the bar, I was sometimes
engaged defending or prosecuting
the claims of persons who had pos-
session of school lands. It is well
known that there is scarcely an Im-
portant town in this entire state that
is not built upon a portion of a
school section or in the immediate
vicinity. Your city (to Mr.
Campbell) is built upon a school sec-
tion. A school section runs through
and into the very heart of the city
of Omaha today, which would bring
at least $50,000 to the school fund
to day as hard as times are. Per-
haps some portion of Nebraska City
was settled upon before the lines
were laid. If not no man could ac-
quire any kind of right to it. The
only method by which an individual
could have acquired a right to a
school section was to have lived up-
on it before lines were run in the
field. The law was made so as to
extend the right to those who in
good faith went out upon the new
land, had settled down before the
lines were run, not knowing about
the school lands, thus giving them

SALARY OF ATTORNEY GENERAL

463

Tuesday I

ESTABROOK

[July IW

the same privilege as other land.
There is school land in the immediate
vicinity of Plattsmouth, Rock Bluff,
and indeed I think there is scarcely
an important town in the entire state
of Nebraska.

Mr. KIRKPATRICK. There Is
none within three miles of Platts-
mouth.

Mr. ESTABROOK. The school
committee have learned that
none of these sections have been
confirmed, so that so far as the state
of Nebraska is concerned today, if
she does not own these sections she
owns nothing, and so far as the law
is concerned, unless there has been
something lost by acquiescing in the
fraud, these lands belong to the
state of Nebraska today. Now then,
is it necessary I should turn attention
to the other subject, as to what shall
be the duty of the law officer of the
state of Nebraska if inquiry is to be
made into this? If inquiry is to be
made into this question, whether all
these cases of the most valuable
lands in the state as to whether they
are still the property of the state
or not, if not, if some other sections
have been selected in lieu thereof.
Then let me call attention to one
other litt:e matter that may by pos-
sibility engage the attention of the
law ofRcer of this state, a matter that
was developed in the legal procedure
a little while ago. That was as to the
manner in which a portion of the
500,000 acres of land appropriated to
the state was taken and given to
men from another state; and, so
far as the form of conveyance was
concerned, that land passed to a
company every one of whom resided

in the state of Iowa or some other
state. A representative of that com-
pany came here and sought to take
that land, and did get it, and I think
they have it now. It is my opinion,
and as I give it for nothing it need
not be set down for a positive rule,
that that is just as much the proper-
ty of the state of Nebraska today as
it ever was. If this be so, and you
make no provision concerning an at-
torney general, either as to his du-
ties or salary, and the proposition
should be made by this convention,
I it having the power, to go out and
make an effort to secure to the state
that which, in right, belongs to it;
and you should look around to s,ee
who should be your representative in
the courts, what would you do? I
think you would be very careful as to
the man you would select. You would
select him on account of his qualities
as a lawyer. You would look for
the very best man that could be
found. Suppose his duties should
call him to come in contact with the
interests of the Union Pacific R. R.
Co., who do you propose to send out
to meet the man who is the lawyer
of that company; the man who is
regarded all over the United States
as a great intellectual giant? Do you
propose to go with a sling as did
David? He acted upon inspiration.
Unless there is something of a Di-
vine interposition it would take
something more than a figure to cope
with Mr. A. J. Poppleton. You set
your man to work. He goes on and
reclaims the land of this state which
has been improperly and illegally ta-
ken from it. Now, the laborer is
worthy of his hire. What do you

46i

SALARY OF ATTORMEY GENERAL

Tuesday 1

ESTABBOOK— CAMPBELL

IJuly 1«

propose to pay him? Let it come be-
fore a court and jury, and it shall
turn upon the naked question of
what has been recovered from the Io-
wa railroad company, and what
would you pay him? And you call
upon the entire bar of the state to
give their idea. I undertake to say
(he sum shall not fall a dollar short
of $5,000. You may call upon every
lawyer in the whole northwestern
territory, and if we pay him for his
services it shall not be a cent less
than ?5,000. Well, then, if he shall
contend against all these giants, and
bring all his legal power and knowl-
edge to bear, and he is successful,
why it is cheap at $10,000 when you
get through. And if you fix his sala-
ry below that of any other state of-
ficer you do an injustice, unless you
insert, in some other place a provis-
ion to furnish him assistance. Hav-
ing thus briefly alluded to these
things, I will only simply suggest
what there sliould be for this officer
to do besides his other duties, and
prosecuting in every criminal case
which should come before the su-
preme court. You could not hire any
lawyer to go out from his ordinary
practice finding his authorities in or-
dinary law books and prosecute these
cases and it should not be less than
$1,000.

Mr. CAMPBBIjL. I was rather in-
clined to think at first that this sal-
ary should be raised, but since the
two last gentlemen spoke I am sat-
isfied now that we should have no
attorney general at all. Listen at
the history of the attorney generals
in this state and territory. To be sure
Gen. Estabrook talks about these

things very liberally; and he came
down to our town (Nebraska City)
and instigated some private indi-
vidual to file a caveat against forty
acres of land I had the title to; and
instead of prosecuting it through to
its completion the state had to em-
ploy a Mr. Washington of Washing-
tion City, and pay him. I think $500
to get that forty acres back. Our at-
torney general did not do us any
good then and I would like to know
what good our attorney generals have
done us since that time. They have
let land be taken from us by the
hundreds of sections at a time: did
not even inform the legislature last
winter that the land oflSce had no
right to fees in entering this 90,000
acres of land, which was to go to the
Agricultural college. It seems that
the whole legislature was ignorant of
that fact; must have been, because
they appropriated $800 to pay for en-
tering. I am satisfied Mr. Chairman,
that we do not need this fellow at all,
never did, and never expect to. Now,
when a man has anything to do in the
law he selects a good lawyer and
pays him well: and when he has no
use for him he don't have anything
to pay. I move that wherever the
words "attorney general" appears it
shall be stricken out.

Mr. ESTABROOK. I second the
motion. It is the best idea yet.

Mr. LAKE. Mr. Chairman. I
hope that the motion will not pre-
vail. We have seen the result of
leaving the constitution without pro-
viding for this office. Notwithstand-
ing it has been left out of the consti-
tution the legislature has provided
for one. I prefer it should be an

SALARY OF ATTORNEY GENERAL

i65

Tuesday]

LAKE— HASC ALL

[July 18

oflBce recognized by the constitution,
and with those safe guards thrown
around it that it requires. The of-
fice should be created and provision
made for the election of a suitable
person and every reasonable compen-
sation for performing the duties of
that office. I do not altogether agree
to the ideas that have been advanced
in respect to the amount of the sala-
ry. It is well understood that the at-
torney general often has the power
to earn through his profession quite
a sum of money aside from that
which he gets from the state. That is,
if he be a lawyer of sufficient reputa-
tion to fill the office as he ought to
fill it. Now it is said that you must
pay a man so as to completely make
good for the losses to him sustained,
perchance in breaking up his busi-
ness in another portion of the state
and removing to the capital. I do
not subscribe to that proposition. He
will willingly come to the capital,
where there is much business con-
stantly accumulating; and it will be a
good thing for him. He will neces-
sarily accumulate quite an amount
of professional business. Many an
attorney, who has acquired perhaps
quite a competence at the bar, who
is in good standing at the bar, would
be willing, for the sake of the honors
of the position, together with a reas-
onable compensation he receives from
the state together with the Amount
he can make in the legitimate prose-
cution of the business of his profes-
sion, will willingly come to the capi-
tal for the time being, and perhaps
make it his permanent home. But the
state can be relieved of that em-
barassment by selecting gentlemen in

the immediate vicinity of the capital.
There are plenty of gentlemen here
to fill the positions, who will not have
to remove to the state capital. So
gentlemen, of the committee, and Mr.
Chairman, let us provide for this of-
ficer, which we are certain the legis-
lature will secure. It will be one
of the first things the legislature will
do on their first assembling here to
elect that officer and provide for his
maintenance. I trust he will be re-
tained as one of the state officers.

Mr. HASCALL. Mr. Chairman. I
am in favor of retaining the attorney
general, and think we ought to pay
him at least $2,000 per year. I think
if the state has legal business to tran-
sact, it is more proper for it to be pro-
secuted by the attorney general of
the state than for advice to be given
by some man hired by the state, and
I certainly am opposed to paying an
inadequate compensation. I am very
glad we are to pay our governor a
reasonable compensation. I am will-
ing to pursue the same course in
regard to all the other state officers.
I am aware that this official might be
dispensed with and a states attorney
hired, as occasion might require.
This office under the present man-
agement is not a constitutional pro-
vision and there is not the dignity
and responsibility connected with it
which might be desired and the com-
pensation is such that it belittles the
position. We propose now to place
the state upon a higher position. My
friend from Otoe (Mr. Campbell)
was in favor of the office of attorney
general being retained until refer-
ence was made to the state securing
certain school lands, and from that

466

OFFICE OF ATTORNEY GENERAL

Tuesday]

[July 18

time he has opposed it because he
was afraid that some of these lands
might be secured to the state. I
don't say that my friend lives upon
school land, but it looks very strange
that he shotild change just at this
suggestion. I will not judge the gen-
tleman harshly, for I think he wants
the state to get its dues. He refers
to the "Solons-" in the last legisla-
ture. I don't know that we had any
"Solons" in the last legislature. I
have not discovered any "Solons" in
this convention. Perhaps the "So"
Ions" were in that territorial legis-
lature, (and perhaps my friend from
Otoe (Mr. Campbell) was a member)
in which they passed an act relating
to a mule and its owner. They got
the business somewhat m xed and fi-
nally got the mule where the man
should have been, and vice versa.
(Laughter.) I supposed that the
men composing our last legislature
were a fair average sample of the
men of this state. The fact that we
made an appropriation to secure the
state's title to our agricultural lands
has been alluded to. The matter
came up about the last of the session
and as the appropriation called for
less than $1,000, and the object
was to secure our title to these lands,
in the hurry of closng up the busi-
ness of the session, the matter was
not inquired into as closely as it
would have been under other circum-
stances, and we made provision that
only so much of the appropriation
as would be required, should be
used.

I think this question with regard
to the salaries of our officers has
been ably discussed. I think $3,000

is a reasonable compensation to pay
these officers and I think the state
will receive about three times that
amount each year, if we secure able
and competent men.

Mr. TOWLE. Mr. Chairman. I
believe we have already created
two boards, in which the attorney
general is made a member. Now if
we dispense with the services of the
attorney general, we shall disarrange
to a considerable extent, the arrang-
ments already made. It has been
stated here that the value of our
state lands amounts to $50,000,000.
Now, Mr. Chairman if you owned all
the real and personal property within
the limits of the state of Nebraska
— if you owned ninety thousand
acres of land in the best portion of
the state, would you not secure the
best legal talent to be had to look
after and protect your rights? The
gentleman from Otoe moves to strike
out the position altogether the ques-
tion then is, how shall we employ a
lawyer to look after our rights, and
business of the state? If it is left
in the hands of the governor, some
political hack will be employed. I
tell you, Mr. Chairman, it is my
opinion we should pay a high salary
and then we will find a good man
who will take the position. You will
find the very best legal talent in the
state seeking the position. I be-
lieve there are questions arising in
the departments here, which dally
and hourly require the advice and
opinion of an attorney general. It
requires a man who will be able to
give an opinion upon the spur of the
moment.
I It is the duty of the attorney gene

SALARY OF ATTORNEY GENERAL

467

Tuesday]

[July 18

ral to furnish to the several state of-
ficers legal counsel on points aris-
ing in the performance of their duties
so as to prevent difficulties, and pro-
pose such remedies as are necessary
for difficulties. For these reasons I
am not in favor of abolishing the of-
fice, but I anl in favor of raising the
salary.

Mr. MASON. Mr. Cliairman. I
■ regret exceedingly that it should be
deemed necessary to reflect upon the
action of any department that has
preceded us, and I regret further,
that it should be deemed necessary to
defend the public acts of any one:
public acts should stand as their own
defenders. The immediate question
before the committee is that we
strike out all contained in the section
relative to the office of attorney gener-
al, to that question I propose to ad-
dress myself for a single moment.
The true question is then, what is the
best way to provide for the state that
legal counsel which is necessary?
Shall we leave it open to the legisla-
ture or shall we provide a depart-
ment, and an attorney general for the
[eye] on the business of one state for
state who shall have charge of that
department, and keep track of its
business and watchful and diligent
all times? My opinion is that we '
need an attorney not for every par-
ticular case, but for every day. The
different departments need legal ad-
vice every day. Think for a single
moment of the condition of leaving
the state without a law officer. I
differ from my colleague Mr. Camp- '
bell. I think from the state of facts
referred to by the gentleman from
Douglas (Mr. Estabrook) that the

state needs the best of lawyers to
I look after her interests. Not so
much for correcting the faults after
they occur, as for giving that advice
which will save the state from those
difficulties. An attorney for this
I state such as we ought to have, would
save to the state not less than $G0,-
lOOO and not over- work himself then,
not so much in digging up what has
been lost, as in gving wise counsel
to the various departments of the
state, and establishing wise forms so
^ as to secure for the future as well as
correcting the faults of the past,
thnn , sir, I may conclude that the
motion to strike out should not pre-
vail. Then, sir, as to the salary I
will say that I don't think $2,000 is
enough, but $2,500 might be sufTici-
ent, and for these reasons, Mr. Chai'-
man, I hope the motion to strike out
will not prevail, and I hope the com-
mittee may agree upon $2,500. And
as I took occasion to say this morn-
ing, if gentlemen will reflect for
a single moment, whoever made a
cent by hiring cheap help. If he is
here, I would like to have him rise
and tell it. I have had something to
do with employing men for talking
care of my own affairs. I never hired
a cheap man but what I paid double
what it would cost to pay a faithful,
trustworthy man. This thing of ca-
pacity is an article of merchandise
in the market, it is for sale, for hire
and the biggest price takes it and in
this day and age of the world, a day
and age which may be characterized
as a money age of the world. Most
emphatically men no longer work for
glory. The statesman is no longer
heard in the halls of legislature

468

READJUSTMENT OF SALAKIES

Tuesday]

BOYE— ES TABROOK— MASON

leading onward in the pathway of
progress simply for glory, and the
philosopher is no longer found in his
study simply for the glory of it. It
is emphatically an age of money, be-
cause in this age money is power, and
if we have competent, energetic,
faithful and trustworthy officers
we must pay them. I think
the amendment proposed is within
reasonable bounds and for that reas-
on I trust the proposition to strike
out will not prevail, and that the
amendment proposed will prevail.

The motion to strike out was not
agreed to.

The CHAIRMAN. The question re-
curs on the motion to insert $2,500
instead of $1,500.

The motion was agreed to.

Mr. BOYD. Mr. Chairman: I
offer as an amendment to the section
to follow at the close of the section,
"provided at the expiration of
five years, and every five years there-
after the legislature may by general
law, readjust the said salaries, but
the salaries of the officers named in
the section shall not be increased or
diminished during their official
term."

I am not in favor of putting a
clause in the constitution fixing the
salaries as long as this constitution
shall last. I do not think we know
what the salaries should be in five or
ten years. I hope the amendment
will pl-evail.

Mr. ESTABROOK. It seems to
me that the last clause is needless. I
move to strike out the last clause.
The object is that one individual may
not so manipulate a legislative body

as to secure a higher salary for him-
self.

Mr. BOYD. Mr. Chairman. The
! reason I worded it as I did is, that
i the end of five years may come when
some of these officers are just elect-
ed and it would be hard for them to
have their salaries diminished.

Mi-. MASON. Mr. Chairman. It
seems to me the amendment to the
amendment ought not to prevail, for
the very cogent reason suggested by
the gentleman from Douglas (Mr.
Boyd), that this readjustment might
take place in the middle of a term
of the various officers, or at the com-
mencement. The readjustment takes
place every five years, but does not
apply to those in office, nor during
their term of office but to their suc-
cessors who may be [elected] there-
after, and I think that after a little
reflection the gentleman from Doug-
las (Mr. Estabrook) will withdraw
his amendment for this reason. It
then makes the salary the same that
is provided by law, without the pow-
er of the legislature to change.

Mr. ESTABROOK. It is not a
matter I am captious about. It seems
to present the idea that the legisla-
tive bodies which come hereafter, ar&
those who can be worked upon to
raise the salaries of officers. I think
we will not have such.

Mr. WOOLWORTH. Mr. Chair-
man. Thi.s is the very amendment to
which I referred in some of my re-
marks this morning. There might be
fluctuations in the value of money
which we cannot foresee. I think
the proviso presented by Mr. Boyd
will be adopted as it was presented

OATH OF OFFICE

469

Tuesdaj]

HASCALL-ROBINSON-WOOLWORTH

[July 18

by him.

The CHAIRMAN. The question is
■on the amendment of Mr. Estabrook.

The amendment was not agreed to.

Mr. MOORE. Mr. Chairman. I
think it would be well to amend the
first line of the proviso. I move to
add after the words "expiration of
five years" the words "from the adop-
tion of this constitution."

The motion was agreed to.

The CHAIRMAN. The question
BOW is on the motion of the gentle-
man from Douglas (Mr. Boyd).

The motion was agreed to.

Mr. HASCALL. Now that we have
stricken out $1,500 and inserted f2,-
500 in the case of the attorney gener-
al, we can embody the two sections
in one. I move to malce it read as
follows: "The salary of the treas-
urer and attorney general shall each
be $2 500."

Mr. ROBINSON. I move to strike
out the second word "salary" in
seventh line and make it "salaries."

The CHAIRMAN. I will make
that alteration. The question is on
the mot;on of the gentleman from
Douglas (Mr. Hascall).

The motion was agreed to.

Mr. WOOLWORTH. Mr. Chair-
man. I move the adoption of the
section.

The motion was agreed to.
Next the Chairman read the sec-
tion as follows:

Sec. 2 4. An office is a public
position created by the constitution
or law, continuing during the pleas-
ure of the appointing power, or for a
fixed time, with a successor elected or
appo nted. An employment is an
agency, for a temporary purpose.

which ceases when that purpose is
accomplished.

The 2 4th section was adopted.

The Chairman read the next sec-
tion as follows:

Sec. 25. All civil officers, except
members of the general assembly
and such inferior ofTicers as may be
by law exempted, shall, before they
enter the duties of their respective «
offices, take and subscribe the follow-
ing oath or affirmation:

"I do solemnly swear (or affirm)
that I will support the Constitution of
the United States and the Consftu-
tion of the state of Nebraska and
will faithfully discharge the duties of
senator (or representative) accord-
ing to the best of my ability: and that
I have not, knowingly or intentional-
ly, paid or contributed anything, or
made any promise in the nature of a
bribe, to directly or ind'rectly influ-
ence any vote at the election at which
I was chosen to fill the said office,
and have not accepted, nor will I ac-
cept or receive, directly or indirectly,
any money or other valuable thing,
from any corporation, company or
person, for any vote or influence I
may give or withhold on any bill, reso-
lution or appropriation, or for any
other official act."

Ths oath shall be administered by
a judge of the supreme or district
court, and the secretary of state shall
file and record the oath, subscribed
by each officer. Any officer who shall
refuse to take the oath herein pre-
scribed, shall forfeit his office and
after conviction of having sworn
falsely to, or of violating his said
oath, shall forfeit his office, and
shall be disqualified from holding
any office of trust or profit in this
state.

No other oath, declaration or test
shall be required as a qualification.

Mr. KIRKPATRICK. It seems to
me there is something muddling in
this section, which I would call the
attention of the Chairman of the
committee to. "All civil officers.

470

OATH OF OFFICE

Tuesday]

"WOOL WORTH— ESTABROOK

[July 18

except members of the general as-
sembly and suet inferior oflBcers 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,
etc." I would like the gentleman to
explain.

Mr. WOOLWORTH. The three
words "senator or representative"
should be stricken out, and a blank
left there for whatever office it may
be required. I therefore move that
the section be amended by striking
out the words "senator or representa-
tive" in the fifth line, or the second
line of the oath, leaving a blank in
the place for thereof.

Mr. TOWLE. I would suggest to
the Chairman that that is not the
difficulty. It says "all civil officers"
and then goes on, and this oath ap-
plies directly to them as well as
others.

Mr. WOOLWORTH. Yes, that is
very true. Nevertheless, I believe in
leaving the oath just as it stands. I
believe the last clause of the oath is
just as necessary as any other part
of it. That is to say, I would make
these state officers so that they would
not use their influence in any way to
affect the action of the legislature in
passing a bill, resolution or appro-
priation. Those state officers would
not be induced by any consideration
to bring their official influence to
bear upon the legislature at all. and
I would simply leave these words as
they stand. "And for any other of-
ficial act" is certainly broad enough
to cover all.

iVIr. ROBINSON. I move to strike

out the words "senator or representa-
tive" and insert "of the office to
which I have been chosen."

Mr. ESTABROOK. Mr. Chairman.
The latter part of this oath com-
mends Itself to me. It is something
new. I like many things where they
offer any good or benefit. But there
is this objection to it at least — it is
not germane to the article in which
it is found. I would ask you, sir, as
the chairman of the committee of leg-
islation whether the oath prescribed
for the members of the legislature is
not prescribed in the article on the
is prescribed.

The CHAIRMAN. It is.

Mr. ESTABROOK. It is proposed
that in the executive article the oath
is prescribed.

Mr. WOOLWORTH. It says "ex-
cept members of the legislature."

Mr. ESTABROOK. I think it has
application to members of the legis-
lature and anything else. Commenc-
ing at the third line it says, "and that
I have not knowingly or intentionally
paid or contributed anything, or
made any promise in the nature of a
bribe, to directly or indirectly influ-
ence any vote at the election at which
I was chosen to fill the said office, and
have not accepted, nor will I accept
or receive, directly or indirectly, any
money or other valuable thing, from
any corporation, company or person,
for any vote or influence I may give
or withhold on any bill, resolution or
appropriation" — that has reference
directly to the action of a member of
the legislature — "or for any other
official act;" and that seems to be the
whole point there Is in it. Now, I

OATH OF OFFICE

471

Tuesday]

MANDERSON— ESTABROOK— KIRKPATRtCK

Will ask the Chairman of the com-
mittee if it does not refer exclusively
to the action of the legislature?

Mr. WOOLWORTH. I should say
it did, as it stands. If you will
amend hut one thing at a time you
will reach that question after a while.
If you will adopt the motion I have
made to strike out the words "sena-
tor or representative" and leave a
blank. Then go down to the bottom
part of the oath and strike out the
word "vote or."

Mr. MANDERSON. Allow me to
suggest that these civil oflBcers are
members of the different boards or
will be, and as members of such
boards they will have some appropri-
ations. Therefore, it seems to me it
is better the words "vote or" should
be left in.

Mr. ROBINSON. The lieutenant-
governor has a vote.

Mr. ESTABROOK. Let me en-
quire if it is a proposition that the
auditor shall swear before he enters
upon his office, that he will take no
bribe, etc., for any vote he may give.

Mr. WOOLWORTH. Yes, Because
he is a member of some board and
will be required to vote.

Mr. ESTABROOK. Mr. Chairman.
If the committee will indulge me a
moment, I think it is the oath pre-
scribed in the Illinois constitution.

"I do solemly swear, or affirm, as
the case may be) that I will support
the constitution of the United States,
and the constitution of the state of
Illinois, and that I will faithfully dis-
charge the duties of the office of —

according to the best of my

ability."

That is the way the Illinois consti-
tution reads. I move that this oath
be substituted for the oath in the
printed bill.

Mr. PHILPOTT. Mr. Chairman. I
would ask the gentleman if he will
insert the words "and impartially"
after the word "faithfully".

Mr. ESTABROOK. Yes sir.

The CHAIRMAN. Gentlemen.
The question is upon the adoption of
the substitute. The committee di-
vided and the substitute was agreed
to.

Mr. KIRKPATRICK. Mr. Chair-
man. I desire to call the attention
of the committee to another matter.
In the fourth line, it is provided that
this oath shall be administered by
the judge of the supreme and district
courts. I think any officer qualified
to administer an oath, should admin-
ister this oath.

Mr. STRICKLAND. I move that
we strike out the words "a judge of
the supreme or district court," and
substitute the words, "any person
authorized to administer an oath."

Mr. ESTABROOK. Mr. Chairman.
I move to strike out the 4th, 5th, Gth,
7th and 8th lines. That leaves it just
as it is in the Illinois constitution.

Mr. WOOLWORTH. Mr. Chair-
man. These five lines are certainly
of no further use.

Mr. STRICKLAND. I withdraw
my motion.

Mr. LAKE. I would like to know
of the chairman of the e.xecutive
committee whether it is intended to
leave the article without any provis-

472

OATH OF OFFICE

ROBINSON-LAKE— NEWSOM

(July 18

ion for the filing and recording of
the oath. If this is the case, per-
haps it is well enough to strike this
out entirely.

Mr. WOOLWORTH. Perhaps it is
well enough to leave that.

Mr. ROBINSON. Mr. Chairman. 1
move that all that portion of the 4th,
5th, 6th 7th and Sth lines be strick-
en out except from the word "court"
in the fourth line to the word "any"
in the Sth line. It will then read,
"And the secretary of state shall file
and record the oath subscribed to by
each officer."

Mr. LAKE. As I understand it.
Sec. 2 5 relates to all civil ofiicers ex-
cept members of the legislature. Now
is it intended by this committee to re-
quire every civil officer in this state
to keep a record of the oaths admin-
istered by them and send to the capi-
tal of the state? If this relates to all
civil officers in the state then I am
opposed to it; because there are a
great many civil officers whose oath
of office should be kept on record in
the county where they hold their of-
fice. If the section can be so modi-
fied as to relate only to the officers
provided for in this constitution,
then I am in favor of it.

Mr. BSTABROOK. I think it is
safe fa leave it as it is left in the
Illinois constitution.

Mr. PRICE. Mr. Chairman. I
will make a motion that the commit-
tee do now rise, and report this sec»
tion twenty-five, with the recommen-
dafon thiU it be referred to its ap-
propriate committee.

Mr. ESTABROOK. Mr. Chairman.
I presume the only object in the com

1 mittee making this report and de-
1 parting from the original article in
the Illinois constitution is to engraft
this additional oath, otherwise I pre-
\ sume that they would be content to
I allow the whole matter to remain
Just as it was in the Illinois constitu-
tion.

Mr. ROBINSON. Mr. Chairman.
I would like to amend my amend-
ment by adding after the word "offi-
cer" the words "named in the first
section of this article."

Air. LAKE. Mr. Chairman. I
would prefer myself to leave this
1 matter entirely to the legislature to
j provide where this shall be recorded.
If we make no provision of this kind
it will be left there as it is in the
Illinois constitution. We have pre-
scribed the oath as in the Illinois
constitution and why not strike out
the rest of the section.

Mr. ROBINSON. I withdraw my
amendment.

Tlie CHAIRMAN. The question is
on striking out all from the beginn-
ing of the fourth line to the end of
the eighth line.

The motion was agreed to.

Mr. NEWSOM. Mr. Chairman. I
desire to amend the oath as follows:
by adding the words "and that I
have not directly or indirectly paid
or contributed anything or made an.v
promise in the nature of a bribe, to
directly or indirectly influence any
vote at the election at which I was
chosen to fill said office, and I have
not accepted nor will I accept or re-
ceive directly or indirectly any mon-
ey or other valuable thing, from

OATH OF OFFICE

473

Tuesday]

HASCALL— MA NDERSON— MASON

[July 18

any corporation, company or person,
for any official act."

Mr HASCALL. Mr. Chairman. It
seems to me we have passed upon
this question. I raise that as a point
•of order.

Mr. WOOLWORTH. Mr. Chair-
man. I think the committee has ex-
pressed itself that they thinly the
oath should be the usual oath of of-
fice.

Mr. NEWSOM. Mr. Chairman. I
have spolven to the mover of that
amendment —

Mr. HASCALL. I call the gentle-
man to order. I have raised a point
of order on which I ask a ruling of
the chair.

The CHAIRMAN. The chair is of
the opinion that the change in the
phraseology makes it a different
motion and that it is in order.

Mr. WOOLWORTH. If we add
that, Mr. Chairman, I shall be in fa-
vor of restoring that part of the
section which has just been strick-
en out.

Mr. MANDERSON. Mr. Chairman.
I think that many who voted for the
substitute offered by my colleague
(Mr. Estabrook), voted for the pur-
pose of striking it out because there
was something in it objectionable,
the amendment as I understand it
leaves out that objectionable part in
the last line, leaving only the word
"any official act." this motion re-
ceives my hearty support. It may be
objected that you cannot make a
man honest by administering an
oath to him. My reply would be that
you cannot hurt him. I think in re-
.gard to that like the old man in the

south, when he was called upon by a
union officer to take the oath to sup-
port the government. "Well " said
he, "I have taken it about fifty times
already, but I can take it again for
I feel better every time I take it."

Mr. ESTABROOK. Mr. Chairman.
I have an amendment to the amend-
ment. I will state before you read it,
that if we' are now approaching the
millennium we ought to make this
perfect in every particular.

The Chairman read the amend-
ment as follows: To add to the
amendment the words "nor have I,
to my knowledge, committed a breach
of any of the provisions of the crimi-
nal code: nor broken any of the ten
commandments." (Laughter.)

Mr. MASON. In the consideration
of the amendment. I propose to con-
sider the original as well as the
amendment offered by the gentleman
from Douglas (Mr. Estabrook.) It
sometimes becomes necessary, when
one stands paralyzed in the presence
of a just proposition, to attempt to
avo d its effects by heaping upon it
ridicule. Now I will not do this in the
amendment proposed by the gentle-
man from Otoe (Mr. Newsom) and
had my attention been directed to this
matter when the motion to strike out
was made I should have resisted it,
and why? Not sir, that I believe the
millennium is here, but for the reason
that this original amendment is
sought to obviate the evil that perme-
ates society; every gentleman in
this convention is cognizant of, and it
is useless to shut our eyes to the fact
that in elections as they are ordinari-
ly conducted, there are means used

474

OATH OF OFFICE

Tuesday]

(July 1(1

directly or indirectly, either by call-
ing into requisition the grog-shops,
or some other questionable means to
secure a larger vote. It was against
this evil I apprehend that the com-
mittee prepared this amendment, and
as has been well said by the gentle-
man from Douglas who sustains the
amendment offered by Mr. Newsom,
"Who is to be hurt by it?" Let me
inquire of the gentlemen of this con-
vention if it is safe, if it is just to
this state, to turn the keeping of its
ark and covenant over to those, who,
by the questionable means of bribery
or fraud have secured the custody
and keeping of this sacred trust? All
that this oath says it that this con-
vention and the people when they
adopt this constitution say that we
will not vote this sacred trust to the
keeping of one who to secure the po-
sition is willing to exert all the ques-
tionable means of influencing voters
by money or promises. Why sir, in
the consideration of a question that
came before this convention the oth-
er day, I am not sure but it was the
gentleman from Douglas who alluded
to the matter of the election of va-
rious officers through the power and
patronage of those in office and the
securing to their supporters official
position; and it is at this growing
evil that permeates and ramifies the
whole body politic, that this or-
iginal amendment was offered, and
that the original report of the com-
mittee was made. I am not particu-
lar what language is used to cover
this case, I care not whether it be
the language used in the report of the
committee, or whether it be that
suggested by the gentleman who

moves the amendment. But sir,
while there may be among the ten
commandments some that my friend
in his earlier day may have trespass-
ed upon a little, it is not too much
to ask him to say that he has not by
any means suggested in this oath
the words "debauched or attempted
to debauch any electors at the polls."
It Is for these reasons I regret that
by ridicule it was sought to paralyze
those who in good faith, would so
far as in them lie, redeem this state
and the body politic from this ques-
tionable mode of electioneering. Now
let us consider this oath in detail.
I desire to call the attention of the
committee to the amendment, and
then I desire to ask of this commit-
tee what there is in it that should
cause any right-minded man to shud-
der at retaining this oath. "And
that I have not, directly or indirectly
influenced any vote at the election
at which I was chosen to fill said of-
fice." This is the first proposition.
Now is it just, is it right to entrust
the keeping of the sacred treasury of
the school fund, the keeping of the
ark and covenant of justice, or In-
vest the chief executive with his au-
thority if he in procuring the position
has debauched electors by corrupt
promises or money?

By voting down this amendment
we negative the idea, and say, It
is right to resort to these means. The
first oath simply is "that I have not
directly or indirectly used money or
promises to secure the position to
which I am elected." Why sir, I
have often thought that we might be
approaching the millennium In gov-

OATU OF OFFICE

475

Tuesday]

[July 18

eminent affairs if this provision was
faithfully carried out and written up-
on the hearts of men that participate
in the elective franchise. Would it
not do much to bring about the day
when corruption should cease, and
men meet in deliberative bodies
qualified from their culture, from
their character, their adherence to
principle, instead of taking those
whose capacity was greatest in ful-
filling promises to find places for ap-
plicants for office? It seems to me
this ought to commend itself to the
judgment of my friend from Douglas
who offered the amendment to the
amendment. The one sir, who
has stood on the very watch-
towers of the state sounding the
alarm of danger to other men.
How is it today? ■ He will let a man
use these corrupt influences to obtain
position.

The second clause of the other is.
"And I have not accepted, nor will
I accept or receive directly or indi-
rectly any money or any valuable
thing from any corporation, company
or person for any official act." When
we were considering the pardoning
power, some gentleman on my
right suggested several cases in other
states where pardons were bought
and sold. What Jo we say? We
simply require the office holder to
swear that he will do no such thing,
and is this an unreasonable requisi-
tion? It seems to me it is founded
in the very principles of Christianity,
as well as those of free government.
It seems to me it takes its root and
gathers its whole strength and vital-
ity in the principles of christian so-
ciety. These are only two points to

which the office holder is required
to swear in the original amendment.
Now let us consider the additional.
"Nor have I to my knowledge, com-
mitted a breach of any provision of
the criminal code, nor broken any
one of the ten commandments." Now
sir, I do not know that I am very
much opposed to this addition as a
matter of principle, except that I
apprehend there are but few men
that run for office, but that may mis-
represent the truth if they do not
tell a lie, and it might be going
rather too far to require such
persons to take that oath. The reas-
on I oppose the provision of the
amendment to the amendment is
that it is seemingly to cast a slur at
the original. Now sir, I dislilie to
take up the time of the committee,
but I simply call attention to the var-
ious cases cited when this provision
was incorporated in the Illinois con-
stitution; and when we come to the
legislative article I hope this oath
will be required of every legislator.
If required of every legislator, why
not require it of every other officer?
Why sir, when it is said in this day
that legislators are susceptible of
corruption, why not take this precau-
tion? I have heard it said that an
ounce of preventative is worth more
than a pound of cure, that a warning
to flee from danger is worth all you
can do after the injuries fasten them-
selves on the body politic. It is not
that I desire to be at all captious in
this matter, but it is that I believe
that the proposed oath would accom-
plish much good. Yes sir, it is
the terrors of the law that do more
to protect society than its punish-

476

OATH OF OFFICE

Tuesday]

STRICKX.AND-ESTABROOK

[July 18

ment. If it was only a vindictatory
penalty that enforced its ' mission,
great indeed would be the number of
its violators, but most men see and
have learned to see in America, (and
that is why it is said we have the
best government in the world,) be-
cause the people inquire what is the
law, and by the law abide. And if
th:s provission passes, men running
for office will see it written in the
constitution and will stop short of a
resort to means that they have here-
tofore used to accomplish these ends.
It seems to me that we ought to
adopt one or the other of these pro-
visions. For my own part I like the
language and the provision report-
ed by the committee best, and had
I not been absent and my attention
diverted to some other matter, I
should have presented these views
much sooner. I trust gentlemen you
will reflect and smply see that the
person is required only to swear he
has not bribed p.n elector and not
used his position corruptly. What is
there here that we should not incor-
porate in the fundamental law of
th3 state? It seems to me we ought
in justice to ourselves, to Incorporate
this amendment, and I hope it .may
prevail, or if not the amendment it-
self, then the original words in
some modified form.

Mr. STRICKLAND. I am in fa-
vor of the amendment of the gentle-
man from Otoe (Mr. Newsom) be-
cause it is better worded. I think
any gentleman could take that oath.
What would a man be worth that
would not take it?

Mr. E&TABROOK. If an indivi-

dual sufficiently corrupt to use brib-
ery to commit breaches of the crimi-
nal code as a means by which he
could acquire the tenure of his office,
do you think for a moment he would
hesitate to take that oath? Now as
a point laid down in the law books,
it is deemed impolitic an(J wrong in
practice to multiply oaths where
there is no necessity for it. And I
would respond to the interrogatory of
my friend on my left (Mr. Mander-
son), and the gentleman from Otoe
— what harm it would do. I reply
that it does very much harm; and
that to require an individual to take
an oath where there is no need, a
mere matter of form, it is wrong.
Why, sir, are bribery and the little
matters brought under the provision
of this oath, the only corrupt meth-
ods by which a party gains office?
No, sir. I mean to say the most cor-
rupt method is that which is the
subornation of the multitude of whis-
key sellers that are brought into use.
Now I ask my friend from Otoe, have
you grown so degenerate as to have
an individual stand up and swear he
has not broken the ten command-
iments? Well, advocate the measure
i which shall let a person come in un-
der a suspicion simply.

Mr. MASON. Suppose that latter
clause were added, would I simply
vote for yovi for attorney general?

Mr. ESTABROOK. It would an-
swer very well for a guide board in
the road to morality. But I fear he
j would not stop to enquire into the
\ means used for his election. Nor do
I think to say that he would hesitate
to take the oath. He would find
I some place :n his conscience to hide

OATH OF OFFICE

47T

Tuesday]

TOWLE— WOOLWORTH

(July 18

behind, some mental reservation, to
enable him to take the oath. Here
is my objection, that it multiplies
needlessly the oaths to be taken, and
the official oath is nothing at all. If
you want a public sentiment that
shall regard the oath as a small
affair, make provision that it shall
only be administered in the mere
transactions of life. Not to multi-
ply it at every corner; but have it
only in such cases where it is abso-
lutely necessary and the importance
and magnitude of the occasion shall
demand it. But if it must pass, let
us, for God's sake, have the entire
criminal code embraced.

Mr. TOWLE. Will the gentleman
Inform us what the ten command-
ments are?

Mr. WOOLWORTH. The oath in
the Illinois constitution met my ap-
proval in the committee. I did not
at that time say anything in the de-
fense of the oath as reported; nor
■would I give anything for the oath
as now proposed. I would not give
anything for it at all, unless the com-
mittee and the convention will give
back and restore the five lines follow-
ing. That is to say, I do not think
the oath will have any particular val-
ue unless it shall be recorded in the
proper office of the state, where it
can be examined by all men, and the
person who takes it falsely and cor-
ruptly shall be chargeable with the
consequence of the commission of
the crime of perjury. If we can go
back and restore the oath reported
by the committee, modified, perhaps
wisely and very appropriately as now
proposed, and it has attached to it

the consequences that are prescribed
in the five following lines, then I am
think, we will do just right. As far
as this appendix goes, something
about the ten commandments. I sup-
pose the gentleman meant that for a
joke. I do not suppose he ever meant
it as a serious matter. It Is too ab-
surd to be worthy of talk. Let us see
what is the argument he puts to
us against attaching to the usual
oath of office, the words proposed
by the gentleman from Otoe. He
says it is because he does not want to
have oaths taken upon every trivial
occasion. Now that argument proves
too much. If that is sound strike-
the whole oath out, if it be a frivol-
ous occasion when the chief execu-
tive of this state stands up before the
I representatives of the people in the
I legislature and before the people of
] the state, and takes an oath faithful-
ly to discharge the duties of his of-
fice, and swears also that he has not
obtained this position by corrupt
j measures, and that he will not use
I the power entrusted to him, corrupt-
jly; if that is a trivial occasion then,
tell me what a grave and solemn oc-
casion is. If the day that comes
around every two years, whe'i the
representatives are assembled In this
building, and the officers are to take
their oath of office is a trivial oc-
casion, then dispense with all the
usual oaths of office as well as the
words intended to be added. If that
is a trivial occasion,, why then let
these men come up and take posses-
sion of their offices without ceremony,
without oath of anybody to mark the
event and the occasion. No, gentle-
men we all know that it is not a

478

OATH OF OFFICE

Tuesday]

GRIGG S— SPR AGUE

(July 18

trivial thing. We all know that the
oath is a solemn oath resting upon
and binding upon the conscience,
and that the man who takes it, and
knowingly perverts and violates it
is morally guilty of perjury — I was
going to say guilty of treason. And
well I may say guilty of high treas-
on. Xow, strike the whole thing
out, or accept the proposition that
it is not a trivial thing. Then, when
he does swear he has not got his po-
s.tion by corrupt measures, and that
he will not pervert the power en-
trusted to him, let the oath be re-
garded. And if he shall violate that
oath hereafter let him be excluded
longer from the seat he is not wor-
thy to occupy. Then something
worthy of the occasion, then some-
thing worthy of the man will occur.
I am in favor of the amendment.
It relieves the oath as separated by
tlie committee from some trivial ob-
jections made to it. It restores the
substance of it. Then I hope the
committee will restore the other
sentences.

Mr. GRIGGS. Mr. Chairman. I
am opposed to the amendment. I
don't expect to make a speech upon
this question, but simply state my
views, believing that the oath, as
found in the Illinois constitution is
sufficient. I believe if a man stand
up and hold up his hand and sol-
emnly swear to discharge the duties
of his office to the best of his abili-
ty, I believe that is all he could
do if he takes all the "iron clad"
oaths, any gentleman in this con-
vention could make. I don't believe
that honest men will be any the more
honest after the taking of such an

oath, nor will a dishonest man be
made honest by it. I believe if he is
corrupt enough to bribe, he will
find some way to escape the penalties
of the oath you propose. I don't
believe that the addition to the
amendment as proposed by the gen-
tleman from Otoe (Mr. Mason) will
secure honest officers. I am opposed
to this amendment because I don't
believe that will accomplish any
good.

Mr. SPRAGUE. Mr. Chairman. If
we were to make a choice between
these two alone, then I don't know
that I can make much of a choice,
but if we re-consider what we have
stricken out. so that the section
might be different, then I would be
in favor of the amendment. If the

I amendment is adopted, and we rein-
state what we have stricken out, then
I can see that a man violating the

i oath, would forfeit his office and be
disqualified from holding office in

I this state for all time to come.

I Hence I hope that the amendment

I will prevail, and that the portion
we have stricken out will be rein-
stated.

I Mr. ESTABROOK. Mr. Chairman.
I am afraid, sir, that if the amend-
ment should prevail , we would
have no officers. I ask leave to
withdraw my motion.

The CHAIRMAN. The question
now is >ipon the original amendment.
Mr. THOMAS. Mr. Chairman. I
desire to say only a few words. A
short time ago, I voted against the
section as originally reported. I am
in favor of the section the gentle-
man from Otoe has proposed, because
I believe it fills the bill. As now quali-

OATH OF OFFICE

479

Tuesday]

THOMAS— LAKE— WOOL WORTH

[July 18

fied by the gentleman from Otoe, the
oath is also proper for the officers
of the state. I don't see any impro-
priety of having the executive talie
an oath that he will not bribe voters,
If it is good that the members of the
legislature should take this oath, 1
•why should not the executive officers
of the state take it also. I agree
with the chairman of the committee,
that if this oath is reconsidered ii
would be useless to have the execu-
tive take this oath unless there is a
penalty attached.

Mr. PHILPOTT. Mr. Chairman. I
vote for the amendment which has
been adopted by this convention. I
think that the oath offered by the
gentleman from Otoe (Mr. Mason) is
a good one. It is an oath that any
one can take. I think that the origi-
nal was bad in form.

Mr. GRIGGS. I call for a divi-
sion of the question.

The CHAIRMAN. The question is
upon the amendment.

The amendment was airreed to.

Mr. LAKE. Mr. Chairman. I
move to amend by inserting after the
word "ofRcers" in the first line, the
words "provided for In this consti-
tution." My object Mr. Chairman, is
that this very long and peculiar oath
shall not be required to be taken by
inferior officers but the legislature
may in all cases of inferior officers
prescribe what oath shall be taken.
It would obviate any question to pro-
vide that all officers created by the
constitution shall take the oath pre-
scribed in the constitution. It seems
to mo that it so provides, but it
would seem that the legislature must
first pass an act relative to it. And

my amendment would go further and
strike out the words in the first and
second lines, "and such inferior of-
ficers as may be by law exempted."
Mr. WOOLWORTH. Mr. Chair-
man I don't like the amendment of
my colleague from Douglas (Mr.
Lake.) In the first place no civil of-
ficer of the state would be obliged to
take this oath. Now. as was said
when we were considering another
part of this article there may be of-
ficers of the state created by the leg-
islature, then these officers would
not be required to take this oath,
while it may be just as important
as that the officers named in this ar-
ticle should take it. So I think it is
better to leave it as it is. Again, I
would have to apply to the officers
of the county just as well as to
the officers of the state, and as the
section stands it will not be very
hard for the legislature to pass a
law covering all they may wish to ex-
empt, but if I was in the legislature
and a bill was brought up to exempt
county officers, I would not vote for it
at all. It is for these officers as well
as officers of the state, that their oath
should be prescribed. I don't know
but what they are more likely to pro-
cure their election by corrupt meas-
ures than officers of the state. I must
say that I like the section as it stands.
Mr. LAKE. Mr. Chairman. I am
in favor of the amendment for sever-
al reasons other than those which
I have mentioned. In the first place
I don't believe that county officers
should be compelled to hunt up a
judge of the supreme or district court
when he has to take an oath of office,
I and have to file that oath in the of-

480

OATH OF OFFICE

Tuesday]

LAKE— PHILPOTT— ROBINSON

[JulylS

fice of the secretary of state; it is
requiring too much of these officers;
and that is just what is required by
this section as it now stands with the
amendments that have been made
to it.

My colleague (Mr. Woolworth)
says the legislature may create other
state officers not named in this arti-
cle. Well, when they are created it
will be time enough to provide what
oath they shall take. Why, unless
the legislature should exempt the
constable in a remote precinct he
would be compelled to hunt up a
judge of one of these courts before
he could take this oath and then
he would have to have that oath
filed with the secretary of state here
at the capitol.

I would leave it to the legislature
in the first instance, to provide what
shall be done in respect to them,
what oath shall be employed, which
shall secure the people of the state,
counties and precincts faithful of-
ficers. I do not think in an article ot
this kind which relates to the exe-
cutive of the state, that we ought to
travel outside of that so far as to
enter into the minutes of the others
which shall be administered to road
supervisors, constables, and justices
of the peace of the various precincts
in our state, that should be left to the
legislature. I must insist upon my
amendment.

Mr. PHILPOTT. Mr. Chairman. I
offer the following substitute to the
amendment proposed by the gentle-
man from Douglas (Mr. Lake).
"This oath shall be administered by
a judge of the supreme or District
court to each of the state officers.

and the secretary of state shall file
and record the oath so taken and
subscribed by such officers, provid-
ed that all other officers take the
oath of office prescribed before some
one authorized to administer oaths
in the county where he resides."

Mr. BOYD. Mr. Chairman. I
move the committee rise, report pro-
gress and ask leave to sit again.

Mr. ROBINSON. Will the gentle-
man withdraw his motion a moment.

Mr. BOYD. I will withdraw it.

Mr. ROBINSON. Mr. Chairman. 1
think when the legislature passes a
law creating an office such as con-
stable they may provide he shall
subscribe the oath provided for here,
I think a matter of that kind should
be left to future legislatures. I move
to strike out the following:

"This oath shall be administered
by a judge of the supreme or district
court, and the secretary of state shall
file and record the oath subscribed
to by each officer."

Mr. MASON. Mr. Chairman. I
second the motion to strike out. This
would leave the whole matter for the
legislature to say before whom the
oath shall be taken, with whom the
bonds shall be filed, and require
every city officer to take this oath
"that he will support the constitu-
tion of the United States and the con-
stitution of the state of Nebraska,
and that he has not contributed any-
thing or done anything to influence
the electors." I think that obviates
all the difficulty su.ggested by the
gentleman from Douglas (Mr. Lake)

OFFICIAL BONDS

481

Weduesflayl

WEAVER— PHILPOTT

and leaves the whole section harmo-
nious.

Mr. PHILPOTT. Mr. Chairman. I
withdraw my amendment.

The motion of Mr. Robinson was
agreed to.

Mr. WEAVER. I move the adop-
tion of the section as amended.

The motion was agreed to.

The chairman read section twenty-
six as follows:

26. The officers mentioned in this
article shall give bonds in double the
amount of money which may come
into their hands, with such provis-
ions as to sureties, and the approval
thereof, and for the increase of the
penalty of such bonds as may be pre-
scribed by law.

Ml. PHILPOTT. Mr. Chairman. I
move the adoption of the section.

The motion was agreed to.

Mr. BOYD. Mr. Chairman. I re-
new my motion 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 in-
structed their chairman to report the
same with sundry amendments. I
make a motion that the report be ac-
cepted and the committee discharg-
ed from further consideration of the
subject.

The motion was agreed to.

Adjonrnment.

Mr. WILSON. I move the conven-
tion adjourn until nine tomorrow
morning.

The motion was agreed to, so the
31

convention (at six o'clock and teii
minutes) adjourned.

TWENTY-THIRD DAY.

(The manuscript package which
contains the debates of the 2 3rd day's
proceedings of the convention of 1871
cannot be found. Just when and how
it disappeared from the filing cas-
es which contained the debates is a
mystery. In default of the com-
plete reports of the debates for that
day the editor inserts the newspaper
report of two of the leading news-
papers of that time, — The Omaha
Tribune and Republican and the
Omaha Herald. The files of the Lin-
coln State Journal and Omaha Bee
for this period are missing.)

Onialia Tribune and Republican Re-
port.

Wednesday, July 19, 1871.
Convention met at 9 o'clock a. m.
Prayer by Chaplain.

Minutes of the proceedings read
and approved.

On motion the convention went in-
to Committee of the Whole on report
of Committee on Bill of Rights. Mr.
Griggs in the chair.

The substitute of Mr. Manderson
to section 13 was considered, which
reads as follows:

"Private property shall be held in-
violate, but subservient to the publie
welfare: when taken or damaged in
time of war or other public exigency,
imperatively requiring its immediate
seizure, or for the purpose of making
or repairing roads, which shall be
open to the public without charge a
compensation shall be made to the
owners in money, and in all other
cases compensation shall be first

482

EMINENT DOMAIN— AMENDMENTS

WAKELEY— LAKE

[July la

made In money, or first secured
by a deposit of money. Such compen-
sation for property taken shall in
every case be assessed by a jury in
such manner as shall be prescribed by
law. The fee of land taken for rail-
road trr'-cks without consent of the
owners thereof, shall remain in such
owners subject to the use for which
it was taken."

Mr. Thomas moved that the word
"general" be inserted before the
word "benefits", which was lost by
a vote of 15 to 28.

Mr. WAKELEY moved to amend
the substitute, by inserting the word
"other" before the word "property,"
which was lost.

The substitute was adopted.

On motion the committee rose, re-
ported the article "Bill of Rights."
to the convention, with amendments
and recommended its adoption as
amended.

The report was received and com-
mittee discharged from further con-
sideration of the subject matter —
which was adopted.

On motion of Mr. Ballard the con-
vention went into Committee of the
Whole on future amendments.

Pending discussion upon this sub-
ject, the committee rose, reported
progress and asked leave to sit again
at 2 o'clock p. m.

After Recess.

Convention went into Committee of
the Whole on future amendments,
Mr. Reynolds in the chair.

The motion pending was upon the
substitute of Mr. Lake, of section 2
of the article of the Illinois constitu-
tion upon the subject.

A point of order having been made

a vote of order was taken upon the
motion to strike out the latter clause
of the section which was adopted.

Mr. Lake withdrew his substitute,
and offered the following:

Propositions for the amendment of
th s constitution may be made by
either house of the legislature, if
two-thirds of all the members elected
to each house shall concur therein:
such proposed amendments, together
with the yeas and nays, shall be en-
tered on the journal, and the Secre-
tary of State shall cause same to be
published in at least one newspaper
in e".ch county of the state where a
newspaper is published, for three
months preceding the next election
for representatives at which time the
same shall be submitted to the elec-
tors for their approval or rejection,
and it" a majority of the electors vot-
ng on said amendment at such elec-
tion shall adopt the amendments, the
same shall become a part of the con-
stitution. Where more than one
amendment shall be submitted at
the same time, they shall be so sub-
mitted as to enable the electors to
vote on each amendment separately,
and not more than three propositions
to amend shall be submitted at the
same election.

The substitute was lost.

Mr. Robinson moved to amend the
section by inserting the word "for"
before the words "three months," and
the words "immediately preceding"
before the word "months" and the
words "the ne.xt general election."

Mr. Lake moved to Insert the
word "weekly" before the word "for"
which amendment was accepted by
Mr. Robinson.

The section as amended was adopt-
ed.

The second section was taken up
which read as follows:

Sec. 2. Upon the expiration of

AMENDMENTS— SUFFRAGE

483

IBALLARD— MASON— BOYD

[July 19

twenty-five years from the adoption
of this constitution, or any years
thereafter, the legislature may pro-
vide by law for the submission of
this question: "Shall there be a con-
vention to revise or amend the consti-
tution?' and should a majority of
the legally qualified electors voting
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 delegates to
such convention."

Mr. Ballard moved to strike out
the section which was lost.

Mr. Mason moved that all before
the words "the legislature may pro-
vide," etc., be stricken out, and in-
sert the words "at a general elec-
tion," after the word "question."

Mr. Towle offered a substitute for
the section which was lost.

Mr. Boyd moved to strike out the
whole section and adopt a substitute,
as follows:

"Whenever two-thirds of the mem-
bers elected to each house of the leg-
islature shall by a vote entered on the
journal thereof, concur that a con-
vention is necessary to revise alter or
amend the constitution, the question
shall be submitted to the electors at
the next general election. If a mo-
jority voting thereon at the election
vote for a convention, the legislature
shall at the next session provide
lor a convention, and shall, in
the Act calling the convention,
designate the day, hour, and
place of its meetings, and fix the
pay of its members and officers, and
provide for the payment of the same,
together with the expenses necessari-
ly incurred by the performance of
its duties. The law submitting the
question shall be published for the
time and in the manner provided in
the preceding section, as to the pro-
posed amendment."

The substitute was adopted.

The committee rose, reported the
article back, and recommended Its
adoption.

The convention went into Commit-
tee of the Whole on "Rights of Suf-
frage."

Sec. 1 which read as follows:

"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, coun-
ty, precinct, and ward for the time
provided by law shall be an elector:

First. Citizens of the United
States.

Second. Persons of foreign birth
who shall have declared their inten-
tion of becoming citizens conforma-
bly to the laws of the United States ou
the subject of naturalization.

Mr. Philpott moved to strike out
the word "male" which was lost.'

The section was adopted.

Section two was taken up which
reads as follows;

"The legislature may extend by
law, the right of suffrage to persons
not herein enumerated, but no such
law. shall he 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."

Mr. Robinson moved to strike out
the section.

Pending the question, on motion
the committee rose, reported progress
and ask leave to sit again.

Adjourned till 9 o'clock tomorrow.

Omaha Herald Report.

Wednesday, July 19, 1871.
Convention met at 9 o'clock a. m.
Prayer by the Chaplain.
Minutes of the proceedings read

484

BILL OF RIGHTS

Wednesdayl

MA NDERSON— B ALL ARD

and approved.

On motion the convention went in-
to Committee of the Whole on re-
port of committee on Bill of Rights,
Mr. Griggs in the chair.

The substitute of Mr. Manderson to
section 13 was considered, which
reads as follows:

"Private property shall ever be in-
violate, but subservient to the public
welfare, when taken or damaged in
time of war or other public exigency
imperatively requiring its immediate
seizure, or for the purpose of making
Or repairing roads, which shall be
open to the public without charge, a
compensation shall be made to the
owners in money, and in all other
crvses a compensation shall be first
made in money or first secured by a
deposit of money; such compensation
for property taken shall in every
case be assessed by a jury in such
manner as shall be prescribed by law.
The fee of land taken for railroad
tracks without the consent of the
owners thereof, shall remain in such
owners subject to the use for wh:ch
it was taken."

Mr. Thomas moved the word
"general" be inserted before the word
"benefits," which was lost by a vote
of 15 to 2 S.

Mr. Wakeley moved to amend the
substitute, by inserting the word
"other" before the word "property,"
which was lost.

The substitute was adopted.

On motion, the committee rose,
reported the article "Bill of Rights"
to the convention, for amendments,
and recommended its adoption as
amended. Report received and com-
mittee discharged from further con-
sideration of the subject matter,
which was adopted.

On motion cf Mr. Ballard the con-
Tention went into the committee of

the whole oa future amendments.

Sec. 1st, which reads as follows:

"Any amendment or amendments
to this constitution may be proposed
in the senate or house of representa-
tives, and if the same shall be agre?d
to by a majority of the members
elected to each house, such proposed
amendment or amendments shall bo
entered upon their 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 br 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 membsrs
elected to each house, the Secretary
of State shall cause the same to be
published in the manner aforesaid,
and such proposed amendment or
amendments shall be submitted to
the people in such manner and in
such time (at least three months af-
ter being agreed to by both
I houses) ."-s the legislature shall pre-
scribe: and if the people shall ap-
prove and ratify such amendment
or amendments by a majority of the
qua I tied voters of this state, voting
thereon, such amendment or amend-
ments shall become a part of the con-
stitution: but no amendment or
amendments 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 sep-
arately and distinctly.

Mr. Moore moved to strike out
"five years" and Insert "three years."

Mr. Kirkpatrick offered an amend-
ment to the amendment, striking out
all after the words "shall become a
part of the constitution," which was
accepted by Mr. Moore.

AMENDMENTS

485

"Wednesdayl

EST ABROOK— L A KB

[July 16

Mr. Sprague offered a substitute to
the amendment, striking out the
words "but no amendment or amend
inents shall be submitted to the peo-
ple oftener than once in hve years."

Mr. Estabrook offered a substi-
tute for the section, "The legislature
(two-thirds of both houses concur-
ring) may at any time propose amend-
ments to this constitution, which
shall be valid to all intents and pur-
poses as part of this constitution,
when ratified by a majority of two-
thirds of all the votes cast on that
subject at a general election."

Mr. Towle moved to amend the
substitute by striking out the words
"two-thirds" where they last occur.

Mr. Lake offered as a substitute for
the section, the article of the Illinois
constitution upon the subject of
amendments, which was accepted by
Mr. Estabrook, who withdrew his
substitute.

Pending discussion on this question
the committee rose, reported progress
and asked leave to sit again.

Adjourned till 2 o'clock p. m.
After Recess.

Convention went into Committee of
the Whole on Future Amendments,
Mr. Reynolds in the chair.

The motion pending was on the
substitute of Mr. Lake, on section 2
of the article of the Illinois constitu-
tion upon the subject.

A point of order having been made,
a vote was taken upon the motion to
strike out the latter clause of the sec-
tion, which was adopted.

Mr. Lake withdrew his motion and
offered the following:

"Propositions for the amendment
of this constitution may be made by
either house of the legislature if two-
thirds of all the members elected to
each house shall concur therein; such
proposed amendments together with
the yeas and nays, shall be entered
on the journal and the Secretary of
State shall cause the same to be pub-
lished in at least one newspaper in
each county of the state in which a
newspaper is published for three
months preceding the next election
for representatives, at which time
the same shall be submitted to the
electors for their approval or rejec-
tion, and if a majority of the elec-
tors voting on said amendments at
such election shall adopt the amend-
ments, the same shall become a part
of the constitution. Where more
than one amendment shall be submit-
ted at the same time.the.v shall be so
submitted as to enable the electors
to vote on each amendment separate-
ly, s.nd not more than three proposi-
tions to amend shall be submitted at
the same election.

The substitute was lost.

Mr. Robinson moved to amend the
section by inserting the word "for"
before the words "three months,"
and the words "immediately preced-
ing" between the word "months" and
the words "the next general elec-
tion."

Mr. Lake moved to insert the word
"weekly" before the word "for,"
which amendment was accepted by
Mr. Robinson.

The section as amended was
adopted.

The second section was taken up
which read as follows:

Sec. 2. Upon the expiration of
twenty-five years from the adoption
of this constitution, or any years
thereafter, the legislature may pro-
vide by law for the submission of
this question: 'Shall there be a con-

486

AMENDMENTS— SUFFRAGE

MA SON-BOYD-PHILPOTT

[July ao

vention to revise or amend the consti-
tution?' and should a majoritj' of
the legally qualified electors voting
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 delegates to
such convention.

Mr. Ballard moved to strike out
the section which was lost.

Mr. Mason moved that all before
the words "the legislature may pro-
vide," etc., be stricken out, and in-
sert the words "at a general elec-
tion," after the word "question."

Mr. Towle offered a substitute for
the section which was lost.

Mr. Boyd moved to strike out the
whole section and adopt a substitute,
as follows:

"Whenever two-thirds of the mem-
bers elected to each house of the leg-
islature shall by a vote entered on the
journal thereof, concur that a con-
vention is necessary to revise, alter or
amend the constitution, the question
shall be submitted to the electors at
the next general election. If a ma-
jority voting thereon at the election
vote for a convention and shall in the
Act calling for a convention designate
the day, hour, and place of its
meeting, and fix the pay of its
members and officers, and provide
for the payment of the same, to-
gether with the expenses necessari-
ly incurred by the performance of
its duties. The law submitting the
question shall be published for the
time and in the manner provided in
the preceding section, as to the pro-
posed amendment."

The substitute was adopted.

The committee rose, reported the
article back, and recommended its
adoption.

The convention went into Commit-
tee of the Whole on "Rights of Suf-
frage."

Sec. 1 which read as follows:

"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, coun-
ty, precinct, and ward for the time
provided by law shall be an elector:

First. Citizens of the United
States.

Second. Persons of foreign birth
who shall have declared their inten-
tion of becoming citizens conforma-
bly to the laws of the United States on
the subject of naturalization.

Mr. Philpott moved to strike out
the word "male" which was lost.

The section was adopted.

Section two was taken up which
reads as follows:

"The legislature may extend 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."

Mr. Robinson moved to strike out
the section.

Pending the question, on motion
the committee rose, reported progress
and ask leave to sit again.

Adjourned till 9 o'clock tomorrow.

TWENTY-FOURTH DAY.

Thursday, July 20, 1S71.
The convention met at nine o'clock
and was called to order by the presi-
dent.

Prayer.

Prayer was offered by the chap-
lain as follows:

Almighty God, our Heavenly Fa-
ther, Maker of Heaven and of Earth,
remember us this day. Keep us from
vanity. Show Thy preserving care

IRISH PATRIOTS— RAILROAD INVESTIGATION 487

MYERS— VIFQUAIN - CAMPBELL

[July 20

unto this generation. Hide not Thy
face from us, but reveal Thyself unto
us in great mercy and in great love,
we pray now and forever, through
Jesus Christ our Lord. Amen.

Reading of Journal.

The Journal of the preceding day
was read and approved.

Leave of Absence.

Mr. WILSON. Mr. President. Mr.
Parker has been called home and de-
sires me to ask leave of absence for
him for five days.

Leave granted. NEM. COM.

Special Orders.

Mr. MYERS. Mr. President. I
present an order.

The secretary read the order as
follows:

Ordered that the Bill of Rights and
tVio hill pntitlod "Future Amend-
ments" shall be the special orders for
2 o'clock every day until they are
disposed of

Mr. MYERS. Mr. President. I
move its adoption.

Motion agreed to.

Reports of Standing Committees.

Mr. THOMAS. Mr. President.
Your committee on municipal corpo-
rations desires to submit a report

Mr. MANDERSON. Mr. President.
I move that the reading of the report
be disDensed with; that it be read
twice by its title, ordered print-
ed, and referred to the committee of
the whole House.

Motion agreed to.

The PRESIDENT. One hundred
and fifty copies of the report will be
printed and it will be referred to the
committee of the whole House.

Mr. NELIGH. Mr. President

Your committee number eleven is
ready to report.

Mr. BOYD. Mr. President. I move
that the reading of the report be
dispensed with, the report read twice
by its title, 150 copies be printed,
and the report referred to the com-
mittee of the whole.

Motion was agreed to, and the bill
read twice by title and ordered print-
ed.

Resolutions.

Mr. VIFQUAIN. Mr. President. I
desire to offer a resolution.
The secretary read as follows:

Resolved, That th:s convention
takes pleasure in granting the privi-
leges of the floor to the Irish Patri-
ots, Thomas Francis Burke and Clark
Luby.

Mr. VIFQUAIN. Mr. President. I
move the adoption of the resolution.

The motion was agreed to. ,

Mr. CAMPBELL. Mr. President. I
desire to offer a resolution.

The secretary read as follows:

Whereas, The last legislature ap-
pointed a committee to investigate the
frauds on railroads to which was
paid $710.60, and another committee
called "The Joint Investigating Com-
mittee," to which was paid $796. 00;

Therefore Resolved: That a pro-
vision be incorporated in the consti-
tution now being prepared, providing
that all accounts of whatever nature,
presented to the legislature shall be
itemized before said accounts shall be
allowed.

Mr. CAMPBELL. Mr. President.
These railroad and investigating
committees were appointed last win-
ter, with the Hon. James Doom as
chairman of the railroad —

Mr. CASSELL. Mr. President. I

488

RAILROAD INVESTIGATION

Thursday ]

CAiyiPBEi:j>-CASSELL-MASON

[July a)

rise to a point of order. Is there a
question before the House?

The PRESIDENT. The gentleman
from Otoe (Mr. Campbell) has the
flooif. and is speaking by leave. Does
the gentleman from Lancaster (Mr.
Cassell) object.

(Leave! Leave!)

Mr. CAMPBELL. The gentleman
from Lancaster (Mr. Cassell) has
always been allowed to speak when-

out all of ihe resolutions preceding
the word "resolved." I desire it to
read: "Resolved, that the commit-
tee take into consideration the pro-
priety of requiring all bills against
the state to be itemized." I deem
that resolution a very wise one, but
I regret that my colleague should
think it necessary to reflect against
any committee or legislative action.
The PRESIDENT. The motion is

ever he wishes. He is one of those ' ^° ^'"•^e out all preceding the word

"resolved" in the resolution.

long haired men whom we have to
treat tenderly —

Mr. CASSELL. Mr. Chairman. I
rise to explain. I have had my hair

cut lately, and I am not now " a long \ suPPOsed these two bills
haired man." (Laughter)

Mr. CAMPBELL. Mr. Chairman,
As I said before, these gentlemen of
the railroad committee, with James
Doom as chairman, went down the
Omaha & Southwestern R. R., the
Omaha & Northwestern R. R., and
the Midland & Pacific road. They
were gone a few days and came back
here and presented a bill for $710.
Now what good has this done the
state. I think we should protect
ourselves against these swindles in
the future.

Mr. McCANN. Mr. President. I
think the wording of the proposition
should be corrected. It reads
"frauds on Railroads." I think it
should read "frauds of railroads."

Mr. MYERS. Mr. President. The
is an itemized account of the railroad
bill for $7 10. GO, in the secretary's of-
fice which the gentleman can see.

Mr. MASON. Mr. President. I
hope all before the word "resolved"
will bo stricken out, 1 move to strike

The motion was agreed to.

Mr. THOMAS. Mr. President. I
suppose the mover of this resolution
were not
itemized. I know that the Investi-
gating committee bill is Itemized.

Mr. MYERS. I know of my own
knowledge, that the R. R. bill is item-
ized. The gentleman can see it in
the secretary's office.

The motion to strike out was
agreed to.

MR. MASON. I move to refer the
resolution to the Committee on Fi-
nance.

The motion was agreed to.

MR. WOOLWORTH. Mr. Presi-
dent. I move that the report of the
Committee on the rights of Suffrage
be made the special order for Mon-
day evening at seven o'clock, and
that we devote to the discussion on
female suffrage the evenings of nest
week.

MR. STEVENSON. Mr. President.
I move to amend so as to fix the first
discussion on Tuesday evening,

Mr. MAXWELL. Mr. President.
It is very desirable to get through as
soon as we can and 1 move that the

ORDER OF BUSINESS

489

■Thursday]

ESTABROOK— ROBINSON— McC ANN

[July 20

second section be recommitted.

Mr. ESTABROOK. Mr. President.
I am in hopes the whole subject may
be recommitted, so that a proposi-
tion on female suffrage may be sub-
mitted to bring the question before
the people.

The PRESIDENT. The question
is on recommitting the second sec-
tion.

Mr. ROBINSON. I would like to
amend*by instructing the committet
to report a separate section on fe-
male suffrage.

Mr. ■ WOOLWORTH. Mr. Presi-
dent. I hope the motion to strike
■out will be withdrawn in order to
allow this matter to be recommitted.

Mr. ROBINSON. I will withdraw
it.

Mr. WOOLWORTH. I will with-
draw my motion for special order.

Mr. MYERS. Mr. President. I
move we now go into the committee
of the whole on the Legislative Arti-
cle.

Mr. WAKELEY. The considera-
tion of the article on Suffrage was
not completed as the second section
only is recommitted. I think we
should finish the remaining sections
of the article.

Mr. MOORE. If it be in order I
would amend the motion of Mr. My-
ers by substituting the remainder of
the Article on Suffrage.

Mr. MYERS. I accept the substi-
tute.

Mr. ESTABROOK. I move that
the whole article be recommitted.

The Convention divided and the
imotion was agreed to.

Mr. MYERS. Mr. President. I re-
new my motion that the Convention
do now resolve itself into the Com-
mittee of the Whole on the Legisla-
tive Article.

Mr. ROBINSON. Mr. President.
For my part, I am not prepared on
that article and I will move to amend
to substitute report of Judiciary
Committee.

The Convention divided and the
amendment was not agreed to.

Mr. ROBINSON. Mr. President. I
move to amend by substituting report
of Committee on State, County, and
Municipal Indebtedness.

Mr. ESTABROOK. Mr. President.
I move to amend by inserting report
of Committee No. 7 (State Institu-
tions and Public Buildings).

Mr. HASCALL. Mr. President. I
hope the Article on Legislative may
be taken up and considered so that
the Committee on Apportionment
may commence its work.

Mr. McCANN. Mr. President.
There is another reason why the
Article on Legislative should be
taken up and considered and that is
that the Committee on Revenue and
Finance would have inserted in their
report a section relative to the appro-
priation of public moneys had they
not supposed that matter would have
been considered by the Legislative
Committee. It is necessary therefore
to consider this article in order that
we may know what will be in it and
that the two may not conflict.

Mr, WOOLWORTH. Mr. Presi-
dent. I wish to say as to the Execir
five Article that it should not be gone
through with in the convention until

490

BOARD OF PUBLIC BUILDINGS

Thursday]

WOOLWORTH-ROBINSON

IJuly 2lf

this report of the Legislative Com-
mittee and of other Committees be
acted upon in the Committee of the
"Whole. It will be a very serious
question before we get through
whether we will create new officers
or not. I hope therefore that we
will take up these articles one by one
and dispose of them in the Com-
mittee of the Whole.

Mr. ROBINSON. Mr. President. I
will withdraw my motion in favor of
the motion of the gentleman from
Douglas (Mr. Estabrook) to go into
the Committee of the Whole on the
report of the Committee on State
Institutions and Public Buildings.

Mr. CASSELL. Mr. President.
The Committee on State Institutions
reported it. I would like to have it
come up at the present time.

The CHAIRMAN. The question is
on going into committee of the whole
to consider the report of the Com-
mittee on State Institutions and Pub-
lic Buildings.

The Convention divided and the
motion was agreed to.

Coininittcc of tlic Whole.

The convention resolved itself into
committee of the whole^, Mr. Myers
in the chair.

The secretary read the article as
follows:

^Tl. That a board of commis-
sioners, consisting of , to be

called commiss oners of state insti-
tutions and public buildings, shall be
elei'ted at the first general election
provided for in this constitution,
whose duty it shall be to have the
general supervision and control of
all state institutions and public build-
ings, r.nd the care nnd sale of all
land-: appropriated for and belong-

ing thereto,

<T2. Said board of commissioners
shall let all contracts for the erec-
tion of new state buildings, additions,
repairs and supplies for the same to
the lowest bidder, after duly adver-
tising the same, and shall perform
such other duties as the legislature
shall hereafter provide,
state institutions and public build-

■i*J. The board of commissioners of
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-otticio rnd
chairman shall complete said board
of regents.

«T4. The term of office of said com-
missioners shall be for three years,
excepting the first, which shall be for
one, two or three years, and there
shall be elected one in each judicial
district of the state.

The electors in each district shall
vote for one commissioner to be a
member of said board, and for one
only. Before they enter upon the
discharge of the duties of their office,
they shall each take the oath of of-
fice prescribed for the state officers,
and shall each execute a good
and sufficient bond to the state for
the faithful performance of the du-
ties of the office, in double the sum
of monies that is liable to come into
their hands during their term of of-
fice.

•|.5. Said board of commissioners
shall receive such compensation as
the legislature shall hereafter pro-
vide.

Article.

•yl. The state institutions and
public buildings shall be located and
built at the capital of the state.

<I2. The capital or seat of govern-
ment of this state shall remain at
the city of Lincoln. All of wh'ch is
respectfully submitted.

The secretary read the additional

GOV. BUTLER'S MANSIOJS

491

CASSELL—KIBKPA TRICK

[July 20

report as follows:

Your committee on State Institu-
tions and Public Buildings, to whom
was referred the resolution "To in-
quire into the expediency and ex-
pense of purchasing an executive
mansion," beg leave to submit the
following report:

AVe have conferred with Gov. But-
ler, and ascertained the cost of his
property, which he will sell at cost.

Cost of mansion $22,000

" Furniture 10 000

" " Barn and Outbuild-
ings 3,000

" " Fence and Painting 2,000
" " Trees, Grapes, Shrub-
bery, etc 1,000

" Eight Acres grounds . 2,000

Total, S acres and improve-
ments $40,000

Total, 40 acres and improve-
ments 50,000

Total, 120 acres and improve-
ments 60,000

Will take what he owes the state

for part pay, and state warrants for

the balance.

J. N. CASSELL. Chairman.

The CHAIRMAN. The secretary
■will read the first section of the ar-
ticle.

The secretary read the first section
as follows:

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 to have the general super-
vision and control of all state insti-
tutions and public buildings, and the
care and sale of all lands appropriat-
ed tor and belonging thereto.

Mr. BOYD. Mr. Chairman. I
move to strike out all after the word
building in fourth line.

Mr. CASSELL. Mr. Chairman. I

am not very particular about this
amendment. One of the Commission-
ers referred to might be selected as a
Land Commissioner and save the
salary of a separate one to the
state. At the present time we have
three commissioners of the Peniten-
tiary who are receiving pay; we
I have al.so three appointed to superin-
I tend the building of the asylum, com-
missioners for the Deaf and Dumb
1 Institute to be erected at Omaha,
I also a Board of Regents for
[ the Normal School. I presume
thej' receive more or less pay.
I We have also nine regents of
the University receiving pay. There
; are over twenty individuals receiving
pay from the state, performing du-
ties which the committee thought
; three or four competent gentlemen
might perform just as well who
ought to be held responsible by the
: state. The amount of pny recpived iiv
the penitentiary commissioners al-
ready amounts to something like $2,-
JOOO each. I think it will be econo-
my on the part of the state to have
Its business performed in a more suit-
able manner.

Mr. CAMPBELL. It is not necessary
for all this Board of commissioners
to be under pay from the state every
I day. They can receive pay only
' when it is necessary to meet. I think
it would be necessary for one to re-
ceive a yearly salary.
f Mr. KIRKPATRICK. In answer I
I would state that I believe the penl-
I tentiary is under contract and will
j be completed before this con-
! stitution shall take effect: and also
j that the three commissioners have
' been appointed to secure another

492

BOARD OF PUBLIC LANDS AND BUILDINGS

SPRAGUE-WOOL WORTH

[July iO

lunatic asylum and that will be very
probably completed. Now, with re-
gard to the Board of Regents of the
University, I think they will, by no
means, be a building committee.
They are appointed to take charge of
the educational interests of the
state.

The CHAIRMAN. The argument
is going farther than the motion, and
gentlemen will confine themselves to
the question which is submitted.

Mr. STRICKLAND. Gentlemen, as
the Chairman has an interest in this
discussion, and desires to be heard
on the subject, I will, with the per-
mission of the convention, ask Gene-
ral Manderson to take the chair.

Mr. Manderson then took the
chair.

The CHAIRMAN. Gentlemen.
The matter before the house is the
motion of the gentleman from Doug-
las, to strike out, in the fourth line,
all after the word "buildings."

Mr. SPRAGUE. Mr. Chairman. I
am in favor of the amendment. The
management, care and sales of the
lands, is all that any one gentleman
can attend to. It is sufficient to oc-
cupy his whole time and attention.
And the interest is of that import-
ance, it strikes me, that demands
the attention of some gentleman well
qualified to fill that position; and, I
am opposed, as one individual mem-
ber of this convention, to throw up-
on the individual who shall have con-
trol and care of these lands, any oth-
er duties whatever. It is unwise to
encumber him with the performance
of any other duties, which would be
the case as this section now stands.

Mr. WOOLWORTH. Mr. Chair-
man. This is a very serious ques-
tion. It ought not to be acted upon
by the committee hastily at all. There
is more covered by thp amendment
of my colleague from Douglas than
the simple question whether we will
strike out these words, and will cre-
ate, by another section of another ar-
ticle, the office of land commissioner.
There is no broader and graver ques-
tion lying right at the foundation of
this report. It is one which ought to
be treated as a general question, and
we ought not to confine ourselves in
the consideration of it, to mere de-
tails. That question is — whether wo
shall go on and multiply these state
officers, to a very great extent. Now,
it is proposed to have a board of
Commissioners, of State Institutions
and Public Buildings. I suppose to
consist of at least three, possibly
four or five. The fourth section re-
quires one of these commissioners to
be elected from each judicial district
— possibly they may be four — pos-
sibly they may be five. And in
addition to them there will be the
Governor. Then it is proposed to
have, at any rate, a land commis-
sioner, and I do not know but it will
be proposed to have a recorder of
the land office. Then there are in-
spectors of State Prison, and there
are other boards which, it is curious-
ly thought by some gentlemen of this
convention, ought to be also made
members of this board. The gentle-
man from Lancaster (Mr. Cassell)
went on to state to you that there
are twenty men under pay by this
state for taking charge of these two
institutions. Now, that is a great

BOARD OF PUBLIC LANDS AND BUILDINGS

495

Thursday]

WOOLWORTH

[July 20

mistake. That is a state of affairs
that in this constitution, we ought
certainly to provide against by a di-
rect provision of the constitution in
that behalf. Now, I do not know
that I should strenuously oppose the
views suggested by the gentleman
from Lancaster, the chairman of this
committee, that there should be one
board, and one board only, which
should not be composed of officers of
the executive department, as men-
tioned in the executive article; not
to one board composed of a limited
number of persons, that shall have
charge of all these interests, but I
am decidedly, I am firmly opposed
to the creation of this board, and
then of any other board whatever.
I do not know, I say, that I should be
so strenuously opposed to the pro-
position of the gentleman from Lan-
caster, as he stated it, to create one
board that shall have charge of all
of the interests of the state outside of
what would only be placed upon the
officers of the executive department;
but I shall certainly be opposed to
the creation of any other board
whatever. And, therefore, I am op-
posed, if the section is to be adopted
at all, to the amendment of my col-
league from Douglas.

Mr. GRAY. Let me ask whether
you would have this board also take
the place of the board of education?

Mr. WOOLWORTH. So far as
the educational interests of the state
are concerned I am not prepared to
answer the question. I am not pre-
pared to say until I look more care-
fully into the article on education,
whether it would not be necessary
to have a Board of Education, to

have charge of the educational inter-
ests of the state separate from the
property of the state which is to be
used for the support of the schools.
I have had but little thought to be
able to state what my decisloa
would ultimately be. But I am in
favor of limiting this large number
of state officers, that we are likely,
unless we are careful, to create. Now,
see what you are doing. The com-
mittee of the whole upon the execu-
tive article, as it now stands, pro-
pose to create the office of Governor,
of Secretary of state, of State Audi-
tor of Public Accounts, of Treasurer,
of Superintendent of Public Instruc-
tion, and an Attorney General.
There are six officers. See what
you pay them. You pay your Gover-
nor $4,000. You pay each of three
of these officers $2,000 more which
makes $0,000. There is $10,000.
You pay your Treasurer $2,500, and
your Attorney General $2,500 more,
which makes $5,000. There is $15,-
000 for salaries of officers of the ex-
ecutive department. Now, gentle-
men, if you create this board, you
cannot give any gentleman who is
fit to be on this board any sum less
than $2,000 per year. If you leave
it to the legislature to fix the salary
of these commissioners, you will find
they will give them about $2, 000 each
and mileage; and if you will count
up what the mileage will be going
over the state to Peru to lo6k after
the Normal School and over here to
Lincoln, making one trip to consider
first the Capitol, then going back
home and coming back secondly to
inspect the states prison, and then
the University, and so on round

4'J4 BOARD OF PUBLIC LANDS AND BUILDINGS

Thursday]

SPEICE— ESTABROOK

everywhere over the state; and going
to Omaha to look after Deaf and
Dumb institution, you will find your
mileage will a good deal exceed
the salary you will give. If it is nec-
essary, in order to get good men,
and in order to have these interests
fairly taken care of, that the offices
should be created, and this expense
incurred, why, all right. We will
have to do it. But if we can avoid
It, it is very important we should
do it. It is very important in a great
many ways that we should do so. I
tell the gentlemen from Lancaster,
who are especially interested in the
progress and growth of this town;
I tell the gentlemen in Lincoln, in all
candor and fairness, that it becomes
them to be exceedingly careful about
these large expenses. The day may
come when the people of this state
will become a little restive under
these large expenses, and these pub-
lic buildings, in the erection of them,
will either be increased or the plans
very largely curtailed. I tell the
gentlemen of this convention, from
all parts of the state, that this mat-
ter is one that deserves the most im-
portant consideration at their hands.
I tell the gentlemen of this con-
vention that when they go back to
their constituents, and show them
the constitution on this plan it will
be rejected.

Now, J am opposed to the amend-
ment. I am in favor, if a board is
to be created, to have this board take
charge of all the property of the
state. I differ from the gentleman
from Lancaster, that it is not a very
material matter. I think is is very
material. I think we ought to make !

these commissioners, three.four, five
or six in number, as we may decide
— I think they should take charge
of all the property of the state, if
we create this board at all — pay
these state officers a good salary and
then make them earn their money.
But, leaving that matter out of the
question, I am decidedly opposed to
multiplying these offices. We will
run along here until we get, not only
these six offices, provided in the ex
ecutive article, but the twenty spoken
of by the gentleman from Lancaster.
It will not do.

Mr. SPEICE. Mr. Chairman. I
move to amend by striking out all
preceding the word "whose" in the
3rd line and substituting this:

The Secretary read the substitute
as follows:

That the Governor, Secretary of
State, and Auditor of State and the
Superintendent of Public Instruction
shall constitute a board, to be called
"Commissioners of State Institutions
and Public Buildings."

Mr. ESTABROOK. I think the
Attorney General should be included,
if the state officers are to go in.

Mr. SPEICE. I am willing'. Mr.
chairman, to have the name of the
Attorney General inserted. The sec-
tion will then read:

That the Governor, Secretary of
State .Auditor of State, the Superin-
tendent of Public Instruction and At-
torney General, shall constitute a
board to be called "Commissioners
of State Institutions and Public
Buildings," whose duty it shall
be to have the general supervision
and control of all state institutions
and public buildings, and the care
and sale of all lands appropriated for
and belonging there to.

BOARD OF rUBLIC LANDS AND BUILDINGS 495

Thursflay

NEWSOM— STRICKLAND— SPEAGUE

(July 20

If the name of the Superintendent
should not be there I am willing to
have it stricken out.

Mr. NEWSOM. Mr. Chairman. I
thinlv there is eminent propriety in
having the name of the Superintend-
ent of Public Instruction in that pro-
vision. It is iit and proper he should
be there on account of his knowledge
•of the business.

Mr. STRICKLAND. Mr. Chairman.
It seems to me that this board, sit-
ting as a board having supervision of
the schools can deputize one indi-
vidual to go and look after one in-
stitution while another would be sent
to look after another; the whole
board looking after the institutions
located here. I understand that in
the past year, the Regents of the Uni-
versity here, have rolled up very
large sums as claims for services ren-
dered. They will come from our
town, for instance, sit here one day.
and go back with seventy or eighty
dollars in their pockets. I think that
the proposed amendment will sub-
stantially guard against this. One
member of the board can attend to
the business to a great extent, when
It comes to visiting other institutions
than those located, and, except in
special cases, avoid this great ex-
pense. There was no more necessity
for the ten Regents to.our University
when we don't require more than
three or four, than there is for a
wagon- to have five or six wheels.

Mr. SPRAGUE. Mr. Chairman. I
am as much in favor of economy pro-
posed, as any gentleman can be, but
I am opposed to this amendment,
and for this reason; the committee
on schools have already adopted a

section which provides for a board
which shall have control of the Nor-
mal, University and other schools
named in this section. Now if we
adopt this which provides for anoth-
er board which shall have supervis-
ion of the same schools, it will neces-
sitate our doing away with one or
the other of these boards. At the
time this matter was discussed, in
connection with the report of that
committee, I presented a proposi-
tion which was voted down. It was
about the same as this, but it was
voted down; and all the committee
adopted a resolution that the state
officers and such others as the legis-
lature should provide, should consti-
tute that board. So far as the sale
and care of the state lands are con-
cerned, this section was fully dis-
cussed, and it was clearly the opin-
ion of the members of the convention
at that time, that there should be
another department for the sale and
care of these lands; and the report
was referred back to the committee
with instructions that they would
create this office. Now if we are to
review all that, when will we get
through? I don't think we had bet-
ter leave the report as adopted by the
committee, and let the legislative ar-
ticle remain as it is.

Mr. STEVENSON. Mr. Chairman.
I am as much in favor of economy
as any other member of this conven-
tion, but I don't see how we are going
to save expenses by imposing this on
the executive officers of the state. I
think that they have their hands
full without imposing on them
these additional duties. As I under-
stand it is not the intention of the

496

BOARD OF PDBLIC LANDS AND BUILDINGS

GRIGGS— MOORE— WAKELEY

[July 30-

gentleman offering this amendment
to impose these duties without addi-
tional pay, but the idea Is to give
them the same pay as other men.
Now then as far as these men run-
ning down here from Omaha and
collecting railroad fare, I believe
they will not be any more likely to
do so than the Governor and other
officers, in performing these duties.
I think before we adopt this amend-
ment we should take all these things
into consideration. I think these of-
ficers will have enough to do to at-
tend to the duties of their offices, and
I think this board should be men who
could give their whole attention to
the subject of education.

Mr. GRIGGS. Mr. Chairman. I
am in favor of the amendment for
several reasons, one on account of
expense. I believe it will be much
less it we leave all the matters of the
State Institutions in the hands of the
officers named in the executive ar-
ticle. We have already provided that
they shall live at the state capital,
where the most of these buildings are
and where most of this business must
be done and these being included in
the duties of their offices, they would
be already paid. I must differ from
the gentleman for Cuming (Mr.
Stevenson) when he says the salaries
of other men on this board will not
be much greater than to pay these
officers. These officers must reside
here, whereas :f we elect a board of
commissioners they may reside in
any part of the state and will have to
be paid for foming here to attend to
the business.

Mr. MOORE. Mr. Chairman. I
offer a substitute for the whole

amendment.

"That a Board of Commissioners
be chosen at the first general election
after the adoption of this constitu-
tion, one from each judicial dis-
trict, who shall have the general su-
pervision and control of state in-
stitutions and public buildings."

Mr. GRIGGS. Mr. Chairman. I
rise to a point of order, I believe that
the substitute is an amendment and
out of order.

The CHAIRMAN. The chair de-
cides that the substitute is in order.

Mr. WAKELEY. Mr. Chairman.
This perhaps is as proper an occasion
as any for members to express their
views on the subject under consider-
ation. The substitute proposes to
elect a board of commissioners. My
views are that we ought to have the
state officers to comprise that board,
the duties which it is proposed to de-
volve upon this board, can in the
main be discharged by the state ot-
ficers with very little additional ex-
pense to the people. In the mean-
time it seems to me that there is a
property by creating a head to the
Land Department, and I calculate
to favor a plan in substance like this;
that there shall he elected one land
commissioner, and that the other
members of the board shall consist of
the whole of the other state officers.

The reason for the election of a
land commissioner is that there is a
large body of land, and there should
be one officer whose special duty
should be to have supervision of the
landed interests of the state. The
governor, auditor and secretary of
state, each has a department, and
while they could give some attention

BOARD OF PUBLIC LANDS AND BUILDINGS

497

Thursday]

McC ANN- MAJORS

(July 20

to the disposal of the land yet no
one of them by reason of the duties
of his office is charged with the care
of the land of the state. I think by
reason of the great value of these
lands we can elect one officer who
shall have these special duties placed
upon him. The gentleman from Ne-
maha is preparing a section which
shall have special reference to this
matter. Again. I believe that this
board should not have the charge
of the educational interests of the
state. I believe it is improper to con-
nect the two subjects of the disposal
of the lands of the state, and the edu-
cational interests of the state. I
think they should be under separate
control and supervision. The care
and supervision of the public build-
ings is the material property and in-
terest of the state, but the manage-
ment of the educational interest of
the state, all questions connected
with the method of instruction in the
different schools and educational in-
stitutions is of an entirely different
nature and I think ought to be under
the charge of the Superintendent of
Public Instruction and such other
officers as the legislature may pre-
scribe. I therefore am opposed to
section three of this article. I think
we ought to avoid a multiplicity of
officers, on the other hand I think
our landed interests are of sufficient
consequence to have one officer
charged with the duties connected
with that department.

Mr. McCANN. Mr. Chairman.
This whole system is surrounded with
difficulties and I do not believe the
committee are prepared to either
adopt or reject the report of the com-
32

mittee this morning. I wish to avail
myself of this opportunity to state
to the committee that I am one of
the Regents of the University, and
have been so since February last.
I have attended three meetings of
the Board and have received, not a
salary, but what the law provides
shall be paid to the Regents living
I at a distance, that is twenty cents
per mile going to and returning from
j such meetings. I have received
1 twenty-two dollars and forty cents
for such services which does not in-
clude any time. The Regents are
not entitled to any greater compen-
', sation than this mileage. In this
I connection, Mr. Chairman, I believe
I that we should so provide that the
[expense of managing our educa-
[tional interests shall be economized,
and for the election of a Land Com-
missioner who shall manage all of
the lands belonging to the school
fund and the revenue arising there-
from, or provide that the educational
interests of this State shall not be
committed to a large number of indi-
viduals receiving mileage or large
salaries for their services. I hope,
Mr. Chairman, that this will be re-
committed to the Committee, not
with instructions as to what they
shall do. but an intimation that this
committee believes the State officers
should constitute a Board of Public
Instruction, and that a Land Com-
missioner shall be provided for who
shall manage the lands and the
moneys derived from the school and
other lands of the State.

Mr. MAJORS. Mr. Chairman.
This is a question to which I have
given some thought, and whilst my

498 BOARD OF PUBLIC LANDS AND BUILDINGS

Thursday]

iJuly 20

views may not benefit anybody else,
yet I will state them. I am opposed
to all the amendments and the origi-
nal article as it stands. In the first
place I am opposed to the manage-
ment of the entire interests men-
tioned here, by any commission that
may be brought about in this way,
and in the second place, as to the
amendment offered, I am of opin-
ion that every officer of the State
should have his duty assigned him,
that he cannot in any possible way be
mistaken as to what is his duty. You
take gentlemen grouped together and
put upon them general duties to per-
form, and as long as their minds run
parallel they may work smoothly,
but after a while there will be diff-
erences of opinion come up, and they
get a disposition to oppose each
other, thereby injuring the interests
of the people committed to them.
Human nature is human nature. As
has been justly remarked, we are
men and not angels. The best of
men who may be grouped together
■would be something out of the nat-
ural way of business if they should
all be pure minded. Obviate this
difficulty, and prevent our people
from getting into such trouble as
this. Let us fix definitely the du-
ties of the officers of the State, and
if we make provision for a Land
Commissioner, let us hold him in-
dividually responsible to Us for his
work, and not distribute the respon-
sibility among several State officers,
without having any one directly
bound to the people. Now. Mr.
Chairman, as to the public build-
ings, instead of having the multipli-
city of minds wo have now, let us

provide in this Constitution for one
individual to attend to that work,
put him under such bonds as shall
make it safe to the building interest
of the State, that he shall perform
his duty. So far as the educational
interests are concerned, I think it
would be wise to leave this matter
to the Legislature in a great measure,
to provide by law. So far as the
workings of the Normal School is
concerned, I will say that I am very
familiar with its workings. I have
been fortunate, or unfortunate, in
being a member of the Board of Edu-
cation of the Normal School from

its organization to the present time,
and if there has been any fault found
by any gentleman of the State in re-
gard to its workings, I have not
heard it. We are authorized by law
— five of us in number — to hold four
meetings in a year. We can draw
if we choose, three dollars per day.
The Board never has spent more than
one day at each meeting, which you
can multiply by three, and see what
the Board can draw in the ag.gre-
gate according to law. I believe
there has been no disposition to ask
or receive a cent beyond that, and
I will say right here, Mr. Chairman,
that there are interests arising in
the conducting and management of
the Normal School in particular, that
demand the attention of the Board
of Education. And I have spent
days, and I know others have done
the same, and we have never thought
of bringing a cents' charge against
the State for the extra services out-
side the four days. We have man-
aged the interests of that Normal
School in such a manner as that the

BOARD OF PUBLIC LANDS AND BUILDINGS 4'.tft

Thursday]

[July 20

entire appropriation of the State is
given to our work. And last win-
ter, when the members of the Legis-
lature were engaged in investigating
the wrongs which had been done the
State, they mentioned, as an lionor-
able exception, the State Normal
School. And, since this has worlced
so much good to the educational
interests of our State in the hands
of the present system of manage-
ment, why should we take it away
and place it in the Executive officers
of the state? I ask, gentlemen, to
consider this question carefully; to
act dispassionately, and cast their
vote on the^ide they believe is right.
And I believe that right economy
will be observed, and the interests
of the State better cared for, by hav-
ing each particular branch placed in
a particular body of men than by
placing the whole upon one body.

Mr. CASSELL. Mr. Chairman. I
will just state to the gentleman that
no reflections were intended to be
cast upon the managers of the
Normal School, or others who have
performed various duties in the State.
The gentleman thought it would be
better to leave it to the Legislature.
Now this :s what we want to avoid.
And why? Simply because the mat-
ter heretofore has been left to the
Legislature, and instead of having
one board created to attend to these
duties we have four or five separate
boards of .commissioners. I think
this body is just as competent to re-
gulate this matter here and now, as
the Legislature next winter will be.
And it is that we may regulate these
matters that we wish to create this
single board. The gentleman spoke

of one person as a commissioner. I
think this in itself is objectionable:
and that we ought to have several
individuals to attend to the letting
of contracts instead of one. It has
been said here that if parties are
desirous to corrupt one is much
easier corrupted than half-a-dozen.
And for that reason I argue that sev-
eral persons, and not one, should
have this in their charge, and be re-
sponsible to the state for the money
placed in their hands. The gen-
tleman from Douglas said he was
desirous that their servants should
earn their money. That is why we
ask so many duties to be performed
by this board. We cannot see why
five persons cannot perform all the
various duties required in this sec-
tion; and we do not expect there
is too much for them to perform.
We expect them to have work to do
for their salary; and It is in order to
save expense that we ask for them to
do( so much. It is my desire, if this
section is carried through, that no
other board shall be created. We
do not wish another board. We wish
this to take the place of all other
commissioners. Some may argue
that the Superintendent of Public
Instruction will come in the way. Mr.
Chairman, I wish that officer to be
one of this Board of State Commiss-
ioners. The same objection is argued
in regard to others — the Land Com-
missioner for instance. If we have
such an oflScer, why not let him be
a member of this board? Such Is my
desire. We have saved the salary of
two Commissioners whom we desire
to include in this section. So far as
the Board of Education is concerned.

500

BOARD OF PUBLIC LANDS AND BUILDINGS

Thursday]

HASCALL-CASSELL

[July SO

I consider that the Superintendent of
Public Instruction is all the board
we require. He will do it properly
and economically if we appoint a
proper man. It has been argued that
these gentlemen will not be prepared
to act as Regents of the University.
Well, we have a Chancellor and a
Board of Professors and they will
attend to the duties of that institu-
tion, and they will object when the
other gentlemen attempt to interfere.
The board we propose can attend to
all matters outside, and the Regents
atend to the finances, etc. The ob-
jections argued are here provided
against. I ^m decidedly in favor of
a board of this kind. And while
there is nothing directly upon this
question in the Constitution of the
United States, yet it is a good plan
and will save money to the State.

Mr. HASCALL. Mr. Chairman. I
am of opinion that we have no need
of any article which contains such a
section as this, in our constitution.
On a former occasion, we adopted a
section which is adequate for the
management of our common schools
and also for the University, Agricul-
tural college and Normal school.

Mr. CASSBLL. I believe that sec-
tion has not been adopted by this
convention .

Mr. HASCALL. May be, Mr. Chair-
man, that that was one of the mat-
ters which was referred back to the
committee on executive; but I am de-
cidedly in favor of conferring all
these duties upon the state officials.
We are making provision for five or
six state officers, expect to pay them
liberal salaries, and that they will
reside at the seat of government. The

duties of these state omcials are not
so great as to debar them from per-
forming these duties. They should
have the welfare of the state at
heart, and should take pride and de-
light in looking after the interests
of the state. Parties have argued
this question as though the board
would have to attend to all the de-
tails relative to these various institu-
tions. That is a mistake. The de-
tails are to be carried out by others.
The Superintendent of Public In-
struction has the management of the
schools throughout the state but the
details by others. So with the Nor-
mal school.,

There is a reason why we should
create a board separate from the
state officials. I am inclined to think
that t>is State Normal school has
been v.'ell managed but if the parties
who had charge of it had been in-
clined to abuse their privileges, the
state would have suffered for the
reason that they have had it in their
power to conceal their acts in refer^
ence to it. If you make the board
transact the business at the state
capital and have their actions a mat-
ter of public record at the seat of
government, the legislature will have
access to that record so as to cor-
rect abuses. This article is wrong
in theory. It attempts to take cer-
tain matters which are under the
control of the legislature, from out
of the control of that body. If we
attempt to put legislative matters in
the constitution, then we must go
into detail, and our constitution is a
failure. Further than that, if we un-
dertake to fix a matter in the con-
stitution for all time, or until the-

BOAKD OF PUBLIC LANDS AND BUILDINGS

501

Thursday]

EOBINSON— MOORE

(July a)

•constitution is amended we take it
out of the power of the legislature
to correct evils which may exist. We
propose to provide for an annual leg-
islature. Why do we do this? It is
In order that the representatives of
the people may meet at the capital
once a year and look after their in-
terests. There is no reason why
these state officers cannot attend to
all these duties. The Superintendent
of Public Instruction has general con-
trol of the educational interests of
the state, and he acts with the board,
in order to advise with regard to his
department, and if you create a Land
Department, we have another state
officer, and he is connected with this
board and has charge of matters
relating to the department. The of-
ficer who has charge of the Penitenti-
ary Is also a member of the board.
We may incorporate one section in
this constitution on the subject pre-
sented in this article, but when we
■step beyond that, we go beyond what
we ought to do in this direction.

Mr. ROBINSON. Mr. Chairman. I
am opposed to the section. I am also
opposed to imposing these duties up-
on the state officers. I think when
we require responsiblity at all, it
should be direct responsibility. Now
if we impose this upon the state offi-
cers, as this section proposes, the ex-
ecutive department will be over
crowded. I believe in multiplying
these boards. I think the expense is
lessened, for one thing, I believe di-
rect responsibility is attained, which
is another thing. I believe there is
enough material to create these
"boards of — that there are plenty of
capable men to fill the positions who

will not ask more than their mileage.
I believe that there are gentlemen
all ove'.- the state who will be proud
to occupy these positions, and who
will feel their responsibility more
than if the board were provided in
any other way. If the board is made
up in this way, and is found to work
badly, the legislature can abolish it.
I would renew, Mr. Chairman, a mo-
tion which was made here, but I be-
lieve was not seconded, to re-commit
this whole matter to the committee.

The CHAIRMAN. The chair is of
the opinion we cannot re-commit in
committee of the whole.

Mr. ESTABROOK. Mr. Chairman.
If the gentleman will change his mo-
tion, I will be willing to support it.
That is that it be committed to
special committee number 5.

Mr. ROBINSON. Now make that
motion, and I will second it.

Mr. MOORE. Mr. Chairman. I
move it be referred to the 3 standing
committees on education, school funds
and lands, state institutions and
public buildings and state lands other
than school lands, numbers 2 2, 6,
and IS.

The CHAIRMAN. Gentlemen. The
motion is that the Committee do rise
and recommend to the convention
that this whole subject matter be re-
ferred to committees number 22, 6,
and 18.

Mr. GRAY. Mr. Chairman. I
hope this motion will not prevail.
Now it is very evident that these
committees never would and never
could agree upon anything. Let
us have this referred to a special
committee of gentlemen chosen

502

STATE UNIVERSITY REGENTS

Thursday]

ROBINSON-MYERS— McC ANN

[July 20

with reference to this special mat-
ter, so that they can afterwards
come in and give to this house good
reasons for their action. I hope a
motion to refer this to a special com-
mittee of three or five, 'will prevail.

Mr. ROBINSON. Mr. Chairman. I
move that when this committee rise
and report this matter hacli to the
convention, that it be referred to a
special committee consisting of the
chairmen of committees 6, 18 and 22.

Tlie CHAIRMAN. That would be
Messrs. Estabrook, Cassell and Wool-
worth.

Mr. ESTABROOK. Mr. Chairman.
I move to add Mr. Thomas and Mr.
Wool worth.

The CHAIRMAN. Does the gen-
tleman from Yorlv, (Mr. Moore) ac-
cept?

Mr. MOORE. I do not.

The CHAIRMAN. The question is
on requesting that it be referred to
the three standing committees Nos.
22, 6 and IS.

The motion was not agreed to.

The CHAIRMAN. The question is
now upon the motion of the gentle-
man from Lancaster asking that it be
referred to the chairmen of the stand-
ing committees, Nos. 22. 6, and 18
Messrs. Myers, Wool worth, Thomas
and Curtis.

Mr. LAKE. Mr. Chairman. I
move to amend by inserting the
words "that we do now arise." j

Mr, STRICKLAND. ^ Mr. Chair- '
man. I move to amend by adding
Mr. Speice to that committee.

The amendments were accepted
and the motion was agreed to.

Mr. MANDERSON. Mr. President.
The committee of the Whole have had
under consideration the report of the
committee on State Institutions and
Public Buildings and have instructed
me to report that they recommend
that the subject matter under con-
trol of that committee be referred to
a special committee consisting of the
Chairmen of committees Nos. 22. 6,
and 18, and Messrs. Woolworth,
tee which I will read.

Mr. MYERS. Mr. President. I
move that the report be received and
the request granted.

The motion was agreed to.
Mr. MYERS. Mr. President. I
hold in my hand a proposition which
I ask to be referred to that commit-
tee which I will reau :

"The Supre'me Court shall appoint
five regents for the University and
Agricultural college and the same
number of Regents for every state in-
stitution which Boards shall con-
tinue in office for three years, or un-
til their successors in office are ap-
pointed: and said Boards shall report
annually to the governor, who shall
transmit the same to the legislature.
The PRESIDENT. The question is
on referring this proposition to the
special committee just raised.
The motion was agreed to.
Mr. McCANN. Mr. President. I
wish to offer the following resolution
and with the consent of the conven-
tion I will read it. (Leave.)

"Resolved, That the secretary of
the Board of Regents of the State
University be. and he is hereby re-
quested to inform this convention on
the following points, to-wit:

First. The amount of funds receiv-
ed by him belonging to the state and
from what sources.

UNIVERSITY REGENTS' EXPENSES

503

Thursday 1

McCANN— WOOLWORTH-KSTABROOK

[July 20

Second. The amount paid on ac-
count of buildings.

Tliird. The amount paid as mile-
age to members of the Bo^vd of Re-
gents and how much to each.

Fourth. The amount expended for
all other purposes."

Mr. SPEICE. Mr. President. I
move the adoption of the resolution.

Mr. McCANN. Mr. President. I
will state that I am here asking for
information which is in my own
knowledge, but I wish to come
before this convention officially. I
sir, acknowledge to have received
$22.50 for my expenses as a member
of that board. I will state that I do
not wish to sit here silent and hear
of large amounts being paid for the
services of the Board of Regents
without this convention knowing
just what those expenses are.
I undertake to say that I have
been astonished this morning that one
intelligent gentleman here, a lawyer
who says he didn't know just how to
get the information which I have
asked for. I think sir, there is a
great deal of buncomb connected with
this discussion. We all know how
how to reach these officers and know
just what funds are used.

Mr. WOOLWORTH. Mr. Presi-
dent. I made the inquiry of my
friend from Otoe (Mr. McCann) be-
cause at the end of the report of the
Regents of the University it was stat-
ed the mileage was paid out of the
general fund of the State because
there was no funds in the treasury.
I know but little about it, but as for
buncomb, he knows that is an arti-
cle I never deal in.

Mr. McCANN. I will state that I
did not refer to the gentleman on my

right (Mr. Woolworth) but did refer
to the other gentleman on my left
(Mr. Bstabrook). I will state for
the information of the gentleman on
my right (Mr. Woolworth) that there
is a large fund In the hands of the
treasurer of the University.

Mr. HASCALL. Mr. President. To
make the subject of the resolution full
I would propose to amend by adding
mileage "and other expenses."

Mr. McCANN. I accept the amend-
ment.

Mr. ESTABROOK. John Phoenix
said in leaving California he waved
his hand and said "good-bye Colonel"
and several men said "good-bye old
fellow. "When the gentleman (Mr. Mc-
Cann) remarked that a gentleman of
intelligence had remarked so and so,
several gentlemen rose to their feet
here. I inauire of a member of the
Board of Regents about the amount
of the pay. and he said to me "don't
you know the law?" I answered" no,
sir, that is just what I asked you
for." "Well," said my friend "if you
don't, it is time you did." That is
just what I thought. I said I sup-
posed they were appointed by the
governor. "No sir." said he, "they
are appointed by the legislature." I
do insist still that it is a little close
corporation, and I cannot tell today
where to go to find out what the
amount of the funds are.

The PRESIDENT. The Auditor
has informed me that the gentleman
is here who has the account of that
matter.

Mr. ESTABROOK. Who is he?
Mr. PRESIDENT. A Mr. Davis I
believe.

504

METHODIST CHURCH RESOLUTIONS

Thursday]

NEWSOM—PHII^POTT- MOORE

[July ao

Mr. McCANN. No sir, Mr. McCon-
Bell, is secretary of the board.

Mr. ESTABROOK. There is anoth-
er man (The President) that is ignor-
ant. (Laughter.)

Mr. McCANN. We furnish infor-
mation which cannot be obtained out
of Estabrook's Revised Statutes.

The PRESIDENT. The question is
on the passage of the resolution as
amended.

The resolution was agreed to.

Mr. NEWSOM. Mr. President. I
have a resolution and move its refe-
rence to the special committee just
appointed.

The secretary read the resolutibn
as follows:

There shall be elected at the first
general election provided for in this
constitution and every two years
thereafter, one Superintendent of the
penitentiary, one superintendent of
the insane asylum, one land commis-
sioner and these officers together
with the governor and attorney gene-
ral shall constitute a Board of Com-
missioners whose duties it shall be
the general supervision an 3 control of
all state institutions and public liuild-
ings and the care and sale of all lands
appropriated for and belonging there-
to.

The motion was agreed to.

Mr. PHILPOTT. I have a commu-
nication.

Communication read by the secre-
tary as follows:

To the Honorable, the Constitu-
tional Convention of the State of Ne-
braska:
Gentlemen: —

The following resolutions were
adopted by the Nebraska Annual Con-
ference of the Methodist Episcopal
church at its last sesson. held in
Lincoln, April 2d, l.STl.

In compliance with Ihe fourth

I resolution, we the committee appoint-
j ed by the Conference respectfully
present to your honorable body these
resolutions:

(Signed.) H. T. DAVIS.

Chairman of Com.
Lincoln, July 1.5, 1871.
Resolved, First. That we are op-
posed to any and all legislation for or
against the use of the Bible in the
Public Schools of the state.
! Second. That we are in favor of
equal taxation of all property other
than state, county and municipal pos-
sessions.

I Third. That we urge the members
I of the Constitutional convention call-
ed by the legislature of this state to
meet in .June next to secure the above
provisions by proper constitutional
enactments thus removing these
matters from the control of legisla-
tive action in the future.

Fourth. That a committee of
three be appointed to present to the
convention aforesaid the action and
resolutions of this Conference and if
opportunity is offered, to make a ver-
bal explanation of the reasons there-
for.

Mr. PHILPOTT. Mr. President. I
move that resolution number two
be referred to the committee on Fi-
nance, the rest to the committee
on miscellaneous.

The motion was agreed to.
■ Mr. MOORE. I have a petition.

The secretary read the petition as
follows:

To the Honorable Gentlemen com-
posing the Constitutional convention
of the stpte of Nebraska.
Gentlemen:

We the citizens of York and Ham-
ilton counties respectfully ask that
you engraft a clause into the con-
stitution prohibiting the county com-
missioners of any county in the state
from iss\iing bonds for the purpose
of building or assisting to build

AMENDMENTS TO CONSTITUTION

505

Thursday]

BOYD-HASCALL-MANDEKSON

[July 30

railroads in the same.

Signed by G. K. Baker and 36
others.

Mr. BOYD. I move it be referred
to the committee on state, county and
municipal indebtedness.

The motion was agreed to.

Adjournment.

Mr. HASCALL. Mr. President. J
move to adjourn.

The motion was agreed to, so the
Convention at eleven o'clock and fifty
minutes adjourned.

Afternoon Session.

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

Special Order.

The PRESIDENT. Gentlemen:
The special order of this hour is the
report of the committee on Bill of
Bights.

Mr. MANDERSON. Mr. Presi-
dent. In the same resolution that re-
quired the Bill of Rights should be
a special order at two o'clock, I be-
lieve the bill of the Committee on
Future Amendments was also a speci-
al order. I hope the Convention will
take the latter bill first as Judge
Wakeley is detained by business of
importance for ?. short time and ex-
pressed a desire to take part in the
discussion of the Bill of Rights. I
make a motion to that efect.

The motion was agreed to.

The secretary read the first section
of the Bill of Future Amendments
as follows:

Sec. I Any amendment oramend-
ments to this constitution may be
proposed in the .senate or house of

representatives, and if the same shall
be agreed to by a majority of the
members elected to each house such
proposed amendment or amendmsnts
shall be entered upon the journals,
with the yeas and nays taken there-
on, and the Secret?.ry of State shall
cause the same to be published week-
ly for three months immediately
preceding the next election in
at least one newspaper in every coun-
ty in which a newspaper shall be
published, and if in the legislature
next afterwards chosen such pro-
posed amendment or amendments
shall be agreed to by a majority ot
the members elected to each house,
the Secretary of State shall cause the
same again to be published for the
time and in manner aforesaid, and
such proposed amendment or amend-
ments shall be submitted to the elec-
tors of this state for adoption or re-
jection at the next election of mem-
bers of the legislature in such man-
ner as may be prescribed by law. and
if the psople shall approve and ratify
such amendment or amendments
by p majority of the qualified voters
of the state voting thereon such
amendment or amendments shall
become a part of the constitu-
tion; 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 separately
and distinctly.

The first section was adopted.

The secretary read the second sec-
tion as follows:

Sec. 2. Whenever two-thirds of
the members elected to each house
of the legislature shall by a vote en-
tered upon the journals thereof con-
cur that a convention is necessary to
revise, alter, or amend the Constitu-
tion the question shall be submitted
to the electors at the next general
election. If a majority voting there-
on at the election vote for a conven-
tion the legislature shall at the next
session provide for a convention

506

RELIGIOUS FREEDOM— PRESS

Thursday]

MYERS— GRIGGS

[July iO

and shall in the act calKns the
convention designate the day, hour
and place of its meeting, fix the
pay of its members and officers
and provide for the payment ot
the same together with the ex-
penses necessarily incurred by the
convention in the performance of its
duties.

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

The second section was adopted.

The PRESIDENT. It will be seen
by the 50th rule, that after the
amendments reported by the commit-
tee of the whole shall have been
acted on, it shall be open to amend-
ment by the convention, and we are
at that point now.

Mr. MYERS. Mr. President. I
now move that this bill be ordered
engrossed for the third reading.

The motion was agreed to and the
bill ordered engrossed.

Mr. MYERS. Mr. President. I
would enquire how long it will re-
quire to engross that bill, and wheth-
er any preparation has been made
for the engrossing of it.

The PRESIDENT. It will neces-
sarily have to be engrossed by an en-
grossing clerk, in a good round
hand, and it will be done immedi-
ately.

Mr. GRIGGS. 1 move that we now
proceed to the consideration of the
Bill of Rights.

The motion was agreed to.

The secretary read the first sec-
tion of the article, as follows:

"All by nature are free and inde-
pendent, and have lertnin inherent

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.

The first section was adopted.

The secretary read the next sec-
tion as follows:

} Sec. 2. Xo person shall be de-
prived of life liberty or property
without due process ot law.

The section was adopted.

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

Sec. 3. The free exercise and en-
joyment of religious profession and
worship, without discrimination,
J shall forever be guaranteed: and no-
person shall be denied any civil or
political right, privilege or capacity
on account of his religious opin-
iions: but the liberty of conscience
hereby secured shall not be con-
strued to dispense with oaths or
affirmations, excuse acts of licen-
tiousness, or justify practices incon-
s. stent with the peace and safe-
ty of the state. No person shall
be required to attend or support any
ministry or place of worship, nor
shall any preference be given by law
to any religious denomination or
mode of worship.

Section three was adopted.

The secretary read the next sec-
I tion, as follows:

j Sec. 4. Every person may freely
j 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
j be a sufficient defense.

Section four was adopted.

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

Sec. Ti. The right of trial by jury
as heretofore enjoyed, shall remain
inviolate; but the trial of civil cases:

TRIAL BY JURY

507

Thursday]

ROBINSON— GRIGGS— L A KE

[July 20

before justices of the peace by a jury
of less than twelve men, may be au-
thorized by law.

Mr. ROBINSON. Mr. President. I
move that the words "less than
twelve men" be stricken out and in-
sert "not less than six men."

The PRESIDENT. The question is
upon the amendment offered by the
gentleman from Lancaster.

Mr. MAXWELL. Mr. President. I
trust that the amendment will not
prevail.

The common law provides a jury
of 12 men, and now we provide that
a jury of less than 12 men may be
caller in inferior courts.

Mr. GRIGGS. Mr. President. I am
opposed to the amendment. I think
the original is good enough. I think
if we cannot trust the legislature to
say that it shall not exceed twelve
men, we cannot trust it with anything.
I believe the people will be satisfied
with it, as it is. It is not often less
than six men will be called.

Mr. ROBINSON. Mr. President. In
answer to the gentleman from Cass
(Mr. Maxwell) I will say that I
don't understand the provision will
compel the party to take a jury of six
men. If the parties to a suit can
agree to take less than six, or go to
trial without a jury at all, they can do
so. What I meant is that a party may
insist he will not go to trial with a
jury of less than six. I will remind
"the gentleman from Gage (Mr.
Griggs) that we are laying down
here, our rights — those rights which
we can insist upon. I don't think
that any legislature will ever dare
to change the law in that regard, but
sir, we are preparing a Bill of Rights,
in which we propose to assert what

we can claim. Let a man insist at
least upon a jury of six men, if he
desires it.

Mr. LAKE. Mr. Chairman. 1
think perhaps the object desired by
the gentleman from Lancaster is a
proper one. It seems to me the lan-
guage proposed would not authorize
a trial before a magistrate by a jury
composed of less than six men, even
if the parties themselves may agree
to a less number. How would it read,
"The right of trial by a jury of not
less than six men may be authorized
by the law." Now it seams to me
[his would preclude trial by a jury
of less than six. This would be pre-
cluded by law. We now have a pro-
vision of this kind which will give a
right to trial by a jury of less, even,
than six men, where the parties
agree. There is danger of that kind
of a. construction.

Mr. ROBINSON. (to Mr. Lake)
Supposing the legislature should pass
a law in pursuance of this resolution
authorizing the right of trial by jury
would a party have a right to waive
this, and go to trial without a jury?

Mr. LAKE. Yes sir, parties, I sup-
pose may agree to submit their differ-
ences to individuals; they may pro-
vide various ways to settle their dif-
ficulties; but the language here used
may be susceptible of more than one
construction, and if the gentleman
from Lancaster (Mr. Robinson) is
willing to leave the matter to the
legislature, why not leave it as
amended by the committee. I am
not particular as to this, but we find
there are gentlemen here upon this
floor, who differ as to what the lan-
guage may contain. I am willing to
leave this to the wisdom of the leg-

508

BOARDS OF INSANITY

Thursday]

[July ao

islature. I believe public sentiment, I
as reflected through the legislature '
will keep this matter where it ought
to run.

Mr. ROBINSON. Mr. President. I
withdraw my amendment.

Mr. MASON. I move to amend the
section by adding the words "provid-
ing that the legislature provide a
tribunal or board for the determina-
tion of the plea of insanity, where-
«ver interposed in a criminal case,
other than by a jury of twelve men."
Before this question is voted upon by
the Convention, I desire to submit
briefly the reason why this appar-
ently radical change" is sought to be
imposed in the law. First, insanity
has been determined, generally, on
no well settled principle and to call
attention to this subject, I desire that
the gentlemen of the Convention may
know what has been the rule laid
down heretofore. I read from Ray's
Medical Jurisprudence of Insanity
commencing on page 5.5.

Sec. 41. Criminal trials, in which
insanity was pleaded in defense, have
been generally so little known be-
yond the place of their occurrence
that it is difficult to ascertain on what
particular principles of the common
law the decisions of American courts
have been founded, though from all
that can be gathered, it appears that
their practice, like that of the Brit-
ish, has been diverse and fluctuating.
In the trial of Lawrence, at Wash-
ington, in 1S35, for shoooting at
President Jackson, the jury were ad-
vised by the court to regulate their
verdict by the principles laid down in
the case of Hatfield, which had been
stated to them by the district attor-
ney. In the case of Theodore Wilson,
tried in York county, Maine, in 1836,
for the murder of his wife in a parox-
ysm of insanity, the court charged
the jury that if they were satisfied
the Drisoner was not of sound mem-

ory and discretion at the time of com-
mitting the act, they were bound to
return a verdict of acquittal. This
is all that could be wished; and con-
sidering that two highly respectable
physicians had given their opinion in
evidence that the prisoner had some
consciousness of right and wrong,
and that the attorney general, though
he admitted the existence of insanity
in some degree, denied that it was of
sufficient extent to exempt him from
punishment, supporting his assertion
on the authority of the leading Eng-
lish cases relating to insanity, this
decision indicates an advance in
the criminal jurisprudence of insanity
that doe^ credit to the humanity and
intelligence of that court. In the
trial of Cory, for murdering Mrs.
Nash, in New Hampshire, 1S29, Chief
Justice Richardson, stated in his
charge to the jury that the only ques-
tion for them to settle was, "Whe-
ther ho was of the same mind when
the deed was done?"

Now Mr. President, I will not de-
lay the time of this Con .entiou in
reading a great number of cases, but
I desire to submit that the great num-
ber of judges in laying down the rule
oi law on this matter differ as wide-
ly as juries themselves, and when
great judges differ where are we to
look for a legal decision?

The same language was used hv
the same court on the trial of Pres-
cott, for the murder of Mrs. Coch-
ran, in 1S34. In State of Connecti-
cut V. Abbott (1S41), the jury were
instructed to acquit the prisoner if
they found "that he was insane — havl
not sufficient understanding to dis-
tinguish right from wrong, and did
not know that the murder of his wife
was an offense against the laws of
God and nature." In Commonwealth
of Mas.sachusotts v. Rogers (1S43K
the court Chief Justice Shaw, thus
stated the rule of law. "A man is

INSANITY OF CRIMINALS

509-

Thursday]

[July 20

not to be excused from responsibility
if he has capacity and reason suffi-
cient to enable him to distingush be-
tween right and wrong, as to the par-
ticular act he is then doing, and a
knowledge and consciousness that the
act he is doing is wrong and criminal,
and will subject him to punishment.
In order to be responsible, he must
have sufficient power of memory to
recollect the relation in which he
stands to others, and in which others
stand to him; that the act he is
doing is contrary to the plain dictates
of justice and right, injurious lo
others, and a violation of the dictates
of duty." "The question is whether
the disease existed to so high a de-
agree, that for the time being, it over-
whelmed the reason, conscience, and
judgment, and whether the prisoner
in committing the homicide acted
from an irresistible and uncontrollable
impulse." In People v. Kleim, Nev/
York, (1S4G), the court, Judge Ed-
monds, said that, to establish a def-
ense on the ground of insanity, ii.
must be clearly proved that the party
accused was laboring under such a
defect of reason from disease of the
mind as not to know the nature and
quality of the act he was doing, or
if he did know it, that he did not
know he was doing what was wrong.
Also, if he have not intelligence and
capacity enough to have a criminal
intent and purpose, and if his moral
or intellectual powers are either so
delicient that he has not sufficient
will, conscious, or controlling men-
tal power, or if, through the over-
whelming violence of mental desire,
his intellectual power is for the time
obliterated, he is not a responsible

agent. In State v. Spencer, New
Jersey, (1S46), the court. Chief
Justice Hornblowei', declared that "if
the prisoner, at the time of commit--
ting the act, was conscious that he
ought not to do it. the law holds
him responsible, and he cannot be
exculpated on the ground of insanity,
although on some subjects he may
have been insane at the time." In
People V. Freeman, New York.
(1S47), it was held that the prisoner
was responsible if capable of perceiv-
ing that the act was contrary to law.
In State v. Bender, Pennsylvania,
(1850), the court said that the pris-
oner, to be acquitted on the ground
of insanity, should have been so de-
ranged that he could not appreciate
the nature or consequence of the act
he was committing; his mind must
have been disturbed by disease or
other natural cause, to "an extent to
deprive him of the power of reason-
ing on the subject of the act he was
about to commit; and had not mind
enough to reflect, think and know
the difference between right and
wrong. In State v. Knepley, Penn-
sylvania, (1S50), the court said, that
before any man can be exempted or
relieved from responsibility for
crime, he must have such alienation
of mind as to entirely destroy his
perception of right and wrong in re-
gard to the particular act, or be
laboring under such delusions or hal-
lucination as controls his will and
renders the commission of his offence,
in his opinion a matter of duty or
necessity. In State v. Windsor, Dela-
ware, (1851), the court instructed
the jury that the question before
them was, whether the prisoner was

510

DETERMINATION OF INSANITY

Thursday]

[July 20

under the influence of a diseased

mind, and was really unconscious at
the time lie was committing the act
that it was a crime. In State v.
Clark, Connecticut, (1855), it was
held that the prisoner was not ac-
countable, if he had not capacity and
reason enough to enable him to dis-
tinguish between right and wrong in
this instance, to understand the nat-
ure, character, and consequence of
the act, and to apply his knqjvledge
to this case, not being overcome by
an irresistible impulse arising from
disease. In State v. Smith, Pennsyl-
vania, (1858), the court held that
the prisoner was irresponsible, if he
were governed by an uncontrollable
impulse, his will were no longer in
subjection to his reason, owing to
the excited and continued impetuosity
of his thoughts, and the confusion of
a mind impelled by disease and goad-
ed by a sense of grievous wrongs. In
People V. Thurston, New York,
(1851), People v. Pyler, New York,
(1855), State v. Shoo, Illinois,
(1857), United States v. Holmes.
Maine, (1858), the law as expounded
by Chief Justice Shaw in Common-
wealth V. Rogers, was adopted. In
State V. Hosier, Pennsylvania,
(1846), the court. Chief Justice Gib-
son, said that insanity, in order to
exempt a person from punishment
for criminal acts, must be so great in
its extent or degree, as to be blind to
the nature and consequence of his
moral duty, and entirely destroy his
perception of right and wrong. In
United States v. McGlue, Massachus-
etts, (1851), the court, Mr. Justice
Curtis, instructed the jury that the
question for them to settle was, whe-

ther the prisoner understood the nat-
ure of the act, and knew he was do-
ing wrong and deserved punshment.

The loose, vague, and contradict-
tory tests of that kind of insanity
which alone can be regarded as a
sufficient excuse for criminal acts, are
strongly illustrated in this summary
of American decisions. The cause
of this curious fact will be sutBcient-
ly apparent on a little reflection. If
metaphysicians who have made the
rational mind their special study,
widely differ in their accounts of its
operations, could it be expected that
men who have given little or no at-
tention to the phenomena of insan-
ity, should be more successful in
ascertaining the character and con-
nection of the thoughts and emotions
which occupy the irrational mind?
It is not strange that every step In
their analysis of motives and impul-
ses should be marked by hesitation
and distrust and that tests of re-
sponsibility once set up with
the strongest confidence, should
be either utterly abandoned, one after
the other, or limited by some indefi-
nite qualifications. To this course
our courts have been driven, more
easily perhaps, than the English, be-
cause their sense of justice has been
less controlled by authority and pre-
scription.

They see the miserable victim of
disease before them; they hear the
story of his freaks and fancies from
the lips of friends and neighbors, and
the testimony in his favor of disinter-
ested experts, with whom perhaps
they may be personally acquainted.
Thus the conviction of his insanity
becomes irresistible, and they feel

TESTS OF INSANITY

511

Thursday]

[July 20

constrained to construe the law in
such a manner as afford him its pro-
tection; and yet such a construction
might not have been thought of had
the general features only of the case
been presented to them in their
chambers. In this country as in
England, the insufficiency of the old
tests of responsibility has been gener-
ally recognized, and here all harmony
of opinion ends. What the true test
really is. remains as far from being
settled as ever. The actual question
in such cases is, how the various ele-
ments of responsibility have been af-
fected by the presence of disease. To
answer it correctly, there is implied,
not only some knowledge of the con-
stitution of the mind in its normal
condition, but also a thorough and
accurate knowledge ot its manifesta-
tions while under the influence of
disease. The former might be ex-
pected, in some degree, at least, in
most men of a liberal culture, but the
latter must necessarily be confined
to persons who have made insanity
their special study. It is, in fact, as
strictly a professional matter as the
effect of malaria on the nervous sys-
tem; and equally unfit to be present-
ed for investigation to a bench of
judges. Here lies the foundation
error of the courts, in supposing that
the question of responsibility may be
settled without the a-d of scientific
research and observation, — in sup-
posing that men who never in their
lives, perhaps observe very closely a
single case of insanity; who know
nothing of its various forms, nor of
the laws which govern their origin
and progress, are qualified to lay
down general principles touching the I

measure of responsiblity which Is left
after reason has been driven from her
throne, or reduced to share a divided
empire with the caprices and impul-
ses of disease. The results of this
error are painfully exhibited in the
summary of decisions given in the
j preceding sections. The loose and
indefinite phraseology where terms
I should be precise and well defined;
the frequent recurrence to the same
point, as if fearful of saying too
'much or too little; the confiicting
tests and the qualifications attached
to them, — all this inspires no confi-
dence, and consequently, leads to no
uniformity of opinion. It is a truth
which no assumption of superior
wisdom, no blind conservatism can
destroy, that with hardly a single ex-
ception, these "rules of law" on the
subject of insanity, are in conflict
with the well settled facts of mental
disease. They would never have
been made, we are quite sure, by per-
sons practically acquainted with the
operations of the insane mind. To
such it is well known, that in every
hospital for the insane all patients
capable of distinguishing between
right and wrong, knowing well
enough how to appreciate the nature
and legal consequence of their act
acknowledging the sanctions of reli-
gion, and never acting from unstable
impulses but deliberately and shrewd-
ly. Is all this to be utterly ignored
in courts of justice?

Sec. 43. The frequency with
which insanity Is pleaded in defense
of crime, the magnitude of its conse-
quence to the parties concerned and
the perplexity in which the discus-
sions it occasions involve the minds

512

EUROPEAN CODES ON INSANITY

Thursday]

[July 2a

of judges and jurors, are ample reas-
ons why the law relative to insanity
should be ample and easily under-
stood— a result that can only he ob-
tained by direct legislative enact-
ments. It is time for the legisla-
ture to determine what, amid the
mass of conflicting opinions on this
subject shall be the law of the land;
and thus no longer permit the lives
and liberties of people to be suspend-
ed on the dicta of men, whose knowl-
edge of insanity was exceedingly im-
perfect, and which have not even the
merit of uniformity and consisten-
cy. It may be well, therefore, to see
what has been the legislation of vari-
ous enlightened nations, in reference
to this subject. Inasmuch as it may
furnish valuable hints for our owtf.

In some the legislator has been
contented with indicating, by some
popular, general phrase, that condi-
tion of mind which the judge may
consider as freeing from responsi-
bility.

The Bavarian code (1S13) follows
this course, as well as the code of
Basle, promulgated in 1835. In the
latter we find the following words:
"Minors and those laboring under
general mania, or hallucinations, can-
not be punished as criminals, nor,
generally speaking, can any others be
punished, who have committed a
crime while deprived of the use of
their niiuds." Art. 2. Very nearly
the same language is used in describ-
ing suicides as are exempted from
punishment by reason of mental dis-
orders, in the code of Turin (1835),
Art. G3, and in the proposed Hanover-
ian code, Art. S3. In other codes,
general terms alone are used in de-

scribing the mental condition of such
as are irresponsible. Thus, in the
Saxon code we find these words:
"Responsibility is annulled in persons
who are deprived of the use of reason
by mental disease." Art. G5. It is
sufficient objection to such enactment
that, in any particular trial, no two
persons could be found to agree re-
specting the practical application of
such terms as. deprived of the use of
reason, bereft of understanding, etc.,
and how many judges and juries
would see in the unfortunate mono-
maniac before them, who, though
stained with the blood of a fellow
man whom some wild delusion has
prompted him to kill, is still correct
and coherent in his discourse, staid
and dignified in his demeanor, ready
and shrewd in his replies', a being de-
prived of the use of his reason, or be-
reft of his understanding? We have
seen too often the deplorable failure
of such general terms to protect the
miserable subject of disease, under
the operation of English common law,
to recommend their use to the legisla-
ture. In some codes an attempt is
made to avoid this objection to gene-
ral terms, by mentioning various
mental diseases as illustrations of the
meaning they are to convey. Thus,
the proposed Wurtemburg code con-
tains the following provisions: "An
illegal act is exempt from punishment
if committed in a state of mind
! in which the use of reason is
taken away; to this state be-
long, chiefly general mania, gene-
ral and partial hallucination, en-
tire imbecility, and complote confu-
sion of the senses or understanding."
.\rt. 91. In the code of the grand-

EUROPEAN CODES ON INSANITY

513

Thursday!

[July 20

duchy of Hesse, proposed in 1863, we
find the following provisions: "By
reason of their impaired responsibili-
ty, punishment cannot be inflicted on
those who commit fiendish acts in a
state of sleep, of somnambulism, of
general mania, of hallucination, of
imbecility, or of any other mental
disorder, which either takes away all
consciousness respecting the act gen-
erally and its relation to penal law, or
in conjunction with some peculiar
bodily condition, irresistibly impels
him while completely unconscious, to
violent acts." Art. 29 in the code of
the grand-duchy of Baden, it is en-
acted as follows: "Responsibility is
annulled in that condition, as the
former, for the difficulty will be as
great in the one as in the other, of
settling the exact meaning of the par-
ticular term."

Many a case will occur that will
not be unanimously referred to some
one of the above mentioned affec-
tions. To avoid the difficulties in-
cumbent on the use of such terms,
and to bring the wretched subjects
of mental disease under the protec-
tion of the law, without discrimina-
tion, in which, either a conciousness
of the criminality of the offense, or
the free will of the offender is taken
away.

Art. 6S. "To the condition which
annuls responsibility on the strength
of the 65th Art: belong chiefly im-
becility, hallucination, general ma-
nia, distraction, and complete confu-
sion of the senses or understanding."

Art. 67. Some what similar is the
phraseology used by the code of Lu-
cerne, in Switzerland. This method
is liable to precisely the same objec-
33

tion. the legislator has in some in-
stances, made the single fact of the
presence of disease, suflBcient to an-
nul criminal responsibility. In Liv-
ingston's code, it is provided that —
"No act done by a person in a state
of insanity can be punished as an
offense." The revised statutes of the
state of New York contain the same
words. The revised statutes of Arkan-
sas provides that a lunatic or insane'
persons without lucid intervals, shall
not be found guilty of any crime or
misdemeanor with which he may be
charged. The French penal code is
equally simple. There can be no
crime nor offense if the accused were
in a state of madness at the time of
the act. If we insert after the word
insanity, the following words, "or any
other condition of mind in which the
person is involuntarily deprived of
the consciousness of the true nature
of his act," in order to protect him
from the consequences of acts com-
mitted in a state of sleep or somnam-
bulism, it may be doubted whether
any other provision would better pro-
mote the purpose of justice, than
that of Livingston's code. Under
this law, when strictly applied, if the
existence of insanity is once estab-
lished, the responsibility of the party
is taken away, and all nice discus-
sions concerning the effect of this or
that kind of degree of mental derange-
ment, and the exact measure of reas-
on that has been left or taken away,
are thus effectually precluded. It
cannot bedeemed that an insane
person may be actually guilty of a
crimnal act. his insanity being very
partial, and the act not being within
the range of its operation, while by

514

EUROPEAN CODES ON INSANITY

Thursday]

[July SO

the letter of the law, he must be ac-
quitted. The only way of avoiding
this evil, would be to add something
like the following: "Unless, it can
be proved that the act was not the
offspring of the insanity." True, the
fact of insanity would be left, as it
now is, with the jury to decide, but
as they would no longer be puzzled
with metaphysical distinctions be-
tween tot?-l and partial insanity, and
engaged in nice estimates of the
knowledge of good and evil, of rights
and wrongs, of the power of design
possessed by the accused, their in-
qu'ries would be narrowed down to
the single fact of mental impairment
on a certain point — a duty much less
remote from the train of their ordi-
nary habits and pursuits. Thus a
great object would be gained, for the
more that is provided by statute and
the less that is left to judicial discre-
tion, the greater is the benefit afford-
ed by law.

Sec. 4 4. As the conclusions of
the jury relative to the existence of
insanity must necessarily be founded
on the testimony afforded by the
parties, it is a subject of the utmost
importance, by whom and in what
manner this testimony shall be giv-
en. If the decision of this point were
purely a matter of facts, the only
duty of the jury would be to see that
they were sufficient for the purpose,
and proceeded from authentic sources
but on the contrary, it is a matter of
inference to be drawn from certain
data, and this is a duty for which
our juries, as at present constituted,
are manifestly unfit. That a body of
nin tnUen promiscuously from the
foiiiiion walks of life should be re-

quired to decide whether or not cer-
tain opinions and facts in evidence
prove derangement of mind, or in
other words, to decide a professional
question of a most delicate nature
and involving some of the highest in-
terest of man, is an idea so prepos-
terous that one finds it difficult at
first sight to believe that it ever was
seriously entertained. Such however,
is made their business and in the
performance of it, there is but one
alternative for them to follow —
either to receive with the utmost
deference the opinions of those who
have a professional acquaintance with
the subject, or to slight them alto-
gether, and rely solely on their own

j Judgment of the facts. The latter
course has some times been adopt-
ed, though no one, probably, person-
ally concerned in the issue of the

icase would congratulate himself on
their choice, unless especially anxious

I to become a victim of ignorance and
obstinacy. But in a large proportion
of cases the medical testimony which
is given in the shape of opinions,
though ratheran anomaly in evidence
that courts have been sorely puzzled
at times whether to admit or reject,
is mostly relied upon, and deter-
mines the verdict of the jury. It is,
perhaps, of little consequence, who
testifies to a simple fact, that it re-
quires only eyes to see, or ears to
hear; but it is all very different with
the delivery of opinions that are to
shape the final decision. As this re-
quires an exercise of judgment as
well as observation, there ought to be
some kind of qualification on the part
of those who render such opinions,
not required of one who testifies to

BOARDS OF INSANITY

f>15

Thursday]

MASON— MYEKS

[July 20

mere facts. The understanding cer-
tainly is. that their habits, pursuits,
and talents have rendered them pe-
culiarly competent for this high du-
ty, for, in spite of the power of cross-
examinations, these constitute the
only pledge that can he had of its
correct and f.aithful performance.
But as the law makes no exclusion,
and the witness stand is open to any
one whom the parties may choose to
call, it frequently happens, that the
witness has nothing but his opinions
and the authority they ought to pos-
sess.And even when hemayhave been
preceded by the shadow of a great
reputation, the jury may not know,
nor be :?-ble to discover how much of
that reputation is factitious; and in
consequence may be induced to con-
fide in opinions which, from a differ-
ent quarter, they would have listened
to with feelings of doubt and dis-
trust. It is true the law requires
that such opinions should be founded
on facts, but who is to decide whether
the fact is a sufficient foundation for
the opinion, or, indeed, has any rela-
tion to it at all?"

In each of these states as well as
in France is established a physician
to whom the custody of the individu-
al is committed and they determine
the question of his insanity, and it is
not left for this uncertain determi-
nation by a jury who are not skilled
in this matter. I appreciate the fact
that a man may be insane when the
act was committed and sane the day
he is put upon trial, but how much
greater would be the satisfaction to
civil society if the individual who
sets up this plea was committed to
the custody of those who had charge

of the insane if you please, with elev-
en other learned physicians, there to
be retained a sufficient length of time
for them to satisfy their scientific
minds whether he was insane or not.
I move this amendment for several
reasons. I have been requested to do
so by the medical society of this
state, I have been requested to do so
by several distinguished medical men
of this state. Second, it meets with
my own judgment and approval.
Lastly, because I think society would
be more secure, crime more easily de-
tected and the specious plea of in-
sanity less frequently interposed.

Mr. MYERS. Mr. Chairman. I
had flattered myself we would be
able to get the Bill of Rights through
without having any more radical
amendments offered, least of all by the
honorable chairman of the commit-
tee who had it in charge, and who
has presented to this convention a
bill that has received less amend-
ments than any other of which I have
any knowledge. I did not suppose
that at the heel of its passage at this
late day, that a motion of this im-
portance would be thrust upon the
Convention, that no debate would be
provoked which had not been dis-
posed of by the Committee of the
Whole. Now this is a very great in-
novation upon the practice of courts,
establishing a new court for the trial
of individuals charged with crimes,
supposed to be insane, that they eith-
er have an ordinary affliction of lu-
nacy, or what has recently been dis-
covered in New York as kleptomania,
a partial degree of lunacy to get some
murderer from the gallows. I do not
think the records can furnish a

516

COUKTS OF INSANITY

Thursdayl

MYERS— GRAY

[July 2l>

case where an insane man has been
executed for a capital offense, but I
believe the records will show that
many murderers who were sane have
been dragged from the gallows on the
score of insanity. Mr. Chairman, I
am opposed to an increase of courts.
The whole jurisprudence of England
is done by about twenty-five or thir-
ty judges, and we are told that the
roll of her drum is heard in the four
quarters of the earth, and that the
sun never sets on her vast possessions
yet that great Empire, England, has
only about twenty-five or thirty
judges to transact its business, and
her courts have neither been increas-
ed or diminished to a time "when the
memory of man runneth not to the
contrary." When William the Con-
queror came, when the Battle of the
Boyne was fought in Ireland, when
the bloody Jeffrey sat upon the bench
down to the present day there have
been no additions to the regularly or-
ganized courts of that great Em-
pire. Why can we not pursue the
same steadfast old practice of law in
the courts that we have? Why don't
they do as they did in New York in
the case of Ruloff the learned mur-
derer? Why don't they pursue the
course adopted in Massachusetts
when Prof. Webster, another learned
murderer, assumed the protecting
cloak of lunacy, for the brutal mur-
der of Dr. Parker. I believe the emi-
nent and learned gentleman who
brought this forward did so in the
interest of humanity, and I do not
apply these remarks to him as a re-
flection upon his judgment, but I
differ with him as to the propriety
of instituting a new court for the

trial of a new disability that will pre-
vent a man from atoning to the laws
of his country for the commission of
crimes. I am not in favor of opening
a door for their escape. Let it be
referred to three gentlemen of the
medical profession, let them investi-
gate that individual philosophically"
and I believe truly.

Mr. GRAY. Mr. Chairman. I rise
not for the purpose of debating this
question which has been suddenly
sprung, but rather to call the atten-
tion of the Convention to a few facts
or principles, whichever they may be
called. It seems to me to create a
court for the determination of this
particular issue which may arise in
criminal cases is in fact, curtailing
the right of trial by jury, qualifying
that right which has been handed
down to us from time Immemorial.
The principles upon which the right
of trial by jury rests, as I under-
stand it, is that every man shall be
tried by his peers, hence he is not
to be tried by a learned lawyer pre-
siding upon the bench, nor by a num-
ber of them, nor should he in pursu-
ance of that principle be tried as t&
any one of these issues by a learned
physician. The jurors have the as-
sistance of experts upon every
branch. If questions of insanity
rise, they may and do have the as-
sistance of experts, the learned phy-
sicians upon that branch, they have
the assistance of the court itself up-
on every question that arises and
more especially upon questions of
law. Now then if the jury, with the
assistance they have, is incompetent
to determine upon the issue of in-
sanity, so they are incompetent to de-

BOARDS OF INSANITY

517

Thursday]

ABBOTT— TOWLE-GRIGGS

[July ao

termine upon an ordinary question of
law that may arise in the case. Mr.
President, I have said enough to call
to the recollection o£ the members of
this Convention this particular ques-
tion, and therefore I am disposed to
leave it. The question has been
sprung upon us so suddenly that I
am unprepared. But I hope gentle-
men will stop and reflect before they
make this innovation.

Mr. ABBOTT. I rather hope this
thing will prevail because no matter
tow frivolous a case I have I inter-
pose a plea of insanity and get it.

Mr. TOWLE. I hardly know
whether to vote for this amendment
or not. Why, it seems to me that
the views of the gentleman from
Dodge (Mr. Gray) should not deter
us from votng as we please. When
a plea of insanity is interposed we
may have the most scientific men
from all over the state; men who
have made it a life-long study; men
who are familiar with every phase
of insanity. Well, they are congre-
gated together, they take careful at-
tention and make a direct enquiry
into the particulars of this case; and
if they find that the person who is
accused is not insane, he is thrown
back to ths court again and tried by
an ordinary jury of twelve men.
Many criminals in late years, have
escaped the meshes of the law under
the plea of insanity. I believe, Mr.
Chairman, that this is an innova-
tion; but it is not for the best. It
is not making a new court as the gen-
tleman from Douglas says, because
it will be tried in our district courts
and other courts already established.
But the jury will be composed of men

who are calculated and presume to
know every particular, and every
phase of insanity. It is in fact, giv-
ing the prisoner another chance of
his life, and giving him trial before a
jury.

Mr. MANDERSON. Will the gen-
tleman inform us whether he is for
or against the amendment?

Mr. TOWLE. It is not particularly
necessary that I should say that if
the tendency of my remarks was fa-
vorable to the amendment I naturally
should be in favor myself.

Mr. GRIGGS. Will the gentleman
from Otoe (Mr. Mason) answer one
question? Will the jury of physi-
cians supplant the ordinary jury, or
would they, after the trial by this ju-
ry, go back to a trial by a common
jury?

Mr. MASON. If the article is
adopted without the amendment. If
the amendment prevail, the same rule
would apply unless the legislature in
their wisdom, should see fit to estab-
lish a board for a determination. It
would be a latent power, invested in
them by virtue of the constitution.
I do not urge this upon the conven-
tion. That is, I do not wish to in-
fluence the judgment of anybody be-
cause it is an innovation. I offered
this amendment out of respect for the
teaching and ability of the gentleman
who proposed it and sent it here with
the authorities, but few of which I
have submitted on this question. And
while I think it is a step in the right
direction and this plea of insanity
should always be determined by skill-
ed physicians, I am like my friend^
Mr. Myers, from Douglas, generally
opposed to change — rather abiding

518

JURIES— SEARCH WARRANTS

Thursday]

MASON— ESTABROOK— MYERS

by the evils that are than taking the
advantage of fleeing to evils we
know not of. It is sent here from a
very respectable authority. While I
think it would be well, yet I have
doubts whether it would work well
in practice.

Mr. ESTABROOK. I shall vote
with the gentleman from Otoe then,
simply for the reason that it is new.

Mr. MYERS. I now rise to the
previous question. I move the pre-
vious question.

The motion was agreed to.

The PRESIDENT. The question
now is upon the adoption of the
amendment of the gentleman from
Otoe.

The ayes and nays were demanded
and the secretary proceeded to call
the roll.

The President announced the re-
sult,— Ayes, IS; noes, 29; as follows:

AYES

Campbell,

Xewsoni,

Cassell,

Phil pott.

Estabrook,

Robinson,

Gibbs.

Stevenson,

Granger,

Stewart,

Hascall,

Surague,

Kilburn,

r^ piece.

.Mason.

Shaft,

Moore,

Towle. — IS

NAYS

Abbott,

Lvon,

Ballard,

Majors,

Boyd,

Manderson

Curtis,

Ma.xwell,

Eaton,

Myers,

Gray,

McCann,

Griggs,

Xeligh,

Kenaston,

Parchin^

Kirkpatrick,

Price,

Lake,

Reynolds.

Ley,

Scofield,

Thomas,
Thummel,
Vifquain,
Wakeley,

Weaver,
Wilson,
Woolworth.

Absent and Not Voting.

Grenell
Hinman,

Parker,
Tisdel.

lieave of Absence.

Mr. MANDERSON. Mr. President.
If I may be permitted, I will state
that I promised Mr. Tisdel I would
ask leave of absence until Monday
next.

Leave granted.

Special Order Resumed.

The PRESIDENT. The question
now is upon the adoption of the fifth
section.

The Secretary read the next section
as follows:

I Sec. 5. The right of trial by jury
as heretofore enjoyed, shall remain
inviolate: but the trial of civil cases
and misdemeanors before justices of
the peace and inferior magistrates by
a jury of less than 12 men, may be
authorized by law.

Section five adopted.

The Secretary read the next section
as follows:

Sec. G. The right of the people
to be secure in their persons, houses,
papers and effects against unreason-
able searches and seizures shall not
be violated and no warrant shall is-
sue without probable cause, support-
ed by affidavit, particularly describ-
ing the place to be searched and the
persons or things to be seized.

Section six adopted.

The Secretary read the next section
as follows:

Sec. 7. .Ml persons shall be bail-
able by sufficient securities, except for

BAIL— CKIMINAL PUNISHMENT

519

Thursday]

treason and murder, where the proof
is evident or the presumption great;
and the privilege of the writ of ha-
beas corpus shall not be suspended.,
unless when in case of rebellion or
invasion, the public safety may re-
quire it.

Section seven adopted.

The Secretary read the next section
as follows:

Sec. 8. No person shall be held
to answer for criminal offense, except
in cases in which the punishment 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 unless
on a presentment of indictment of a
grand jury on information of a public
prosecutor, and provision shall be
made by law for the empanelling of
grand juries whenever the respective
courts or judges shall order.

Section eight adopted.

The Secretary read the next section
as follows:

Sec. 9. In I'.ll criminal prosecu-
tions 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 iDehalf, and a speedy public trial
by an impartial jury of the county or
district in which the offense is alleged
to have been committed.

Section nine adopted.

The Secretary read the next section
as follows:

Sec. 10. No person shall be com-
pelled in any criminal case to give
evidence against himself, or twice
put in jeopardy for the same offense.

Mr. SPRAGUE. Mr. President. I
move to amend by inserting the word
"be" before the word "twice," in the

i second line.

Amendment agreed to and the sec-
tion as amended adopted.

The Secretary read the next section
as follows:

Sec. 11. All penalties shall be pro-
portioned to the nature of the of-
fense; 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 offense
committed within the same; nor shall
1 cruel and unusual punishment be in-
flicted.

! Mr. ROBINSON. Mr. President. I
move to amend the section by mak-
ing the word "punishment" in the 4th
line "punishments".

Amendment agreed to, and the sec-
tion as amended adopted.

The Secretary read the next section
as follows:

Sec. 12. No person shall be im-
prisoned for debt, arisin.g out of, or
founded on a contract express or im-
plied, except in cases where there is
strong presumption of fraud.

Section twelve adopted.

The Secretary read the next section
as follows;

Sec. 13. Private property shall
ever be held inviolate, but subservent
to the public welfare. When taken,
or damaged in time of war, or other
public exigency imperatively re-
quiring its immediate seizure, or for
the purpose of making or repairing
roads which shall be open to the pub-
lic without charge, a compensation
shall be made to the owners in money
and in all other cases a compensa-
tion shall be first made in money or
first secured by a deposit of money.
Such compensation shall in every case
be without deduction for benefits to
any property of the owner and when
not made by the state shall be assess-
ed by jury in such manner as shall be
prescribed by law. The fee of lands
taken for railroad tracks without the

520

DAMAGE— COMPENSATION

LAKE-ROBINSON-MASON

IJuly 20

consent of the owner thereof shall re-
main in such owners subject to the
use for which it was taken.

Mr. LAKE. Mr. President. I move

to amend Sec. 13, by inserting in

the phrase "without deductions for

benefits" the word "general" before

the word "benefits."

The PRESIDEXT. Gentlemen,
The question is upon the amendment.

The ayes and nays being demanded
the Secretary proceeded to call the
roll.

The President announced the re-
sult. Ayes, IG; nays, 30, as follows:

AYES.

Boyd,

Myers, —

Estabrook,

Neligh.

Griggs.

Reynolds,

Hascall,

Spiece,

Lake,

Stewart,

Ley,

Thumniel.

Lyon,

Thomas

Manderson.

Wakeley. — IG

NAYS.

Abbott,

Maxwell,

Ballard,

Moore,

Campbell,

Newsom,

Cassell,

Philpott,

Curtis,

Price,

Eaton,

Rob nson.

Gibbs,

Scofleld.

Granger,

Shaft.

Grenell,

Sprague,

Gray,

Stevenson,

Kenaston,

Towle,

Kilburn

Vifquain,

Kirkpatrick,

Weaver,

McCann,

Wilson.

Majors,

Woolworth. —

ABSENT

NOT VOTING.

Hinnian.

Parker,

Mason,

Tisdel,

Parchin.

Mr. President.-

So the amendment was not agreed
to.

Mr. ROBINSON. Mr. President. I
move to strike out the words "shall
be," in the fourth line, and insert the

word "are."

j Mr. HASCALL. Mr. President. I am
1 satisfied that it is right as it is. It
i relates to roads which, in the future
shall be opened.

The PRESIDENT. The question is
upon the amendment of the gentle-
man from Lancaster (Mr. Robinson.)

Mr. GRIGGS. Mr. President. I
think this relates to roads which shall
be opened in the future. I think it Is
right.

Mr. MASON. Mr. President. I
have just returned to the chamber,
having been absent when the last
vote was taken, in which the ayes
and nays were demanded. I desire
to vote against the word "general"
being inserted before the word "bene-
fits ' in the section last read.

("'Can't vote. Can't vote!")

The PRESIDENT. It seems the
gentleman is not granted leave. The
question is on the amendment offered
by the gentleman from Lancaster,
(Mr. Robinson.)

The amendment was not agreed to.

The PRESIDENT. The question
is on the adoption of section thir-
teen.

Section thirteen was adopted.

The Secretary read the next section
as follows:

Sec. 1-1. No ex post facto law, or
law impairing the obligation of con-
tracts, or making any irrevocable
grant of special privileges or immu-
nities, shall be passed.

The PRESIDENT. The question is
on the adoption of section fourteen.

Section fourteen was adopted.
The Secretary read the next section
as follows:

BILL OF RIGHTS

521

Thursday]

PRESIDENT- STRICKLAND-^ WAKELEY

July 20

Sec. 15. The military stiall be in
strict subordination to the civil pow-
er.

The PRESIDENT. The question is
■on the adoption of section fifteen.

Section fifteen was adopted.

The Secretary read the next section
as follows:

Sec. 16. 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 pre-
scribed by law.

The PRESIDENT. The question is
upon the adoption of section sixteen.

Section sixteen was adopted.

The Secretary read the next section
as follows:

Sec. 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 re-
dress of grievances.

The PRESIDENT. The question is
on the adoption of section seventeen.

Section seventeen was adopted.

The Secretary read the next section
;as follows:

Sec. IS. All elections shall be free
and there shall be no hindrance or
impediment to the right of a quali-
fied voter to exercise the elective
franchise.

The PRESIDENT. The question is
■on the adoption of section eighteen.

Section eighteen was adopted.

The Secretary read the next section
as follows:

Sec. 19. Treason against the state
shall consist only of levying war

-against the state, or in adhering to its
enemies, giving them aid and comfort.
No person shall be convicted of treas-
on unless on the testimony of two

•witnessed of the same overt act, or on

I confession in open court.
I The PRESIDENT. The question is
on the adoption of section nineteen.

Section nineteen was adopted.

The Secretary read the next section
t as follows:

: Sec. 20. The writ of error shall
j be a writ of right in all cases of fel-
ony, and in all capital cases shall ope-
rate as a supersedes to stay the
execution of the sentence of death un-
til the further order of the supreme
court in the premises.

The PRESIDENT. The question is
on the adoption of section twenty.

Section twenty was adopted.

The Secretary read the next section
as follows:

Sec. 21. The privilege of the debt-
or to enjoy the 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 liability.

Mr. WAKELEY. Mr. President. I
move to amend this section by strik-
ing out the letter "s" from the word
"debts."

The Convention was divided and
the amendment was agreed to.

The PRESIDENT. The question Is
on the adoption of section twenty-one
as amended.

Section twenty-one was adopted.

The Secretary read the next section
as follows:

Sec. 2 2. Aliens who are, or may
hereafter become bonaflde residents
of this state, shall enjoy the same
rights in respect to possession, enjoy-
ment and inheritance of property as
native born citizens.

The PRESIDENT. The question is
on the adoption of section twenty-
two.

Section twenty-two was adopted.

522

GOD IN THE CONSTITUTION

PRESmENT-STRICKLAND— GRIGGS

(July 20

The Secretary read the next section
as follows:

Sec. 2 3. All courts shall be open
and every person for an Injury done
him in his land, goods, person or repu-
tation shall have remedy by due
course of law, and justice adminis-
tered without denial or delay.

The PRESIDENT. The question is
upon the adoption of section twenty-
three.

Section twenty-three was adopted.

The Secretary read the next section
as follows:

Sec. 2 4. A frequent recurrence
to the fundamental principles of civ-
il government is absolutely neces-
sary to preserve the blessings of
liberty.

The PRESIDENT. The question is
on the adoption of section twenty-
four.

Section twenty-four was adopted.

The Secretary read the next section
as follows:

Sec. 25. The powers of the govern-
ment of this state are divided into
three distinct departments, the leg-
islative, executive arid judicial; and
no person or collection of persons,
being one of these departments, sliall
exercise any power properly belong-
ing to either of the others, except as
hereinafter expressly directed or per-
mitted.

The PRESIDENT. The question is
on the adoption of section twenty-
five.

Section twenty-five was adopted.
The Secretary read the next section
as follows:

Sec. 2G. This enumeration of
rights shall not be construed to im-
pair or deny others retained by the
people, and all powers not herein

delegated remain with the people.

The PRESIDENT. The question is
upon the adoption of section twenty-
six.

Section twenty-six was adopted.

The Secretary read the preamble
as follows:

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
for a blessing upon our endeavor to
secure and transmit the same unim-
paired to succeeding generations —
in order to form a more perfect gov-
ernment, establish justice, insure do-
mestic tranquility, provide for the
common defense, promote the general
welfare and secure the blessings of
liberty to ourselves and posterity, do
odain and establish this constitution
for the state of Nebraska.

Mr. ROBINSON. Mr. President. I
move to strike out all the parenthesis,
that is., commencing with the word
"grateful" to and including the word
"generations." It is a mere repeti-
tion and I desire to have it struck
out notwithstanding the example of
the great state of Illinois.

Mr. GRIGGS. Mr. President. I
am not in favor of striking that out.
When the people of Nebraska cannot
be thankful to Almighty God for his
blessings, I think they are pretty
hard up.

The PRESIDENT. The question
is on the motion to strike out.

The "ayes" and "nays" were de-
manded, the vote was taken and the-
result was announced. — "Ayes," 2 ;
"navs," 44. as follows:

FUTURE AMENDMENTS

523

GEIGGS— STEWART— MAX WKLL

[July so

Estabrook,

Abbott,

Ballard,

Boyd,

Campbell,

Cassell

Curtis,

Eaton,

Gibbs,

Granger,

Gray

Griggs,

Hascall,

Kenaston,

Kilburn,

Kirkpatrick,

Lake,

Ley,

Lyon,

McCann,

Mason,

Manderson,

Maxwell,

AYES.

Robinson.

NAYS.

Moore,

Myers,

Neligh,

Newsom,

Parchin,

Philpott,

Price,

Reynolds,

Scofield,

Shaff,

Sprague,

Spiece,

Stevenson,

Stewart,

Thummel,

Thomas,

Towle,

Vifquain,

Wakeley,

Weaver,

Wilson,

Wool worth. — 4 4.

Parker,
Tisdel,
Mr. President. — C.

ABSENT OR NOT VOTING.

Grenell,
Hinman.
Majors,

Mr. GRIGGS. Mr. President. I
move to insert "a" before the word
"blessing" in fourth line.

The motion was agreed to.

The PRESIDENT. The question is
on the adoption of the Preamble.

The Preamble was agreed to.
Mr. STEWART. Mr. President.
I move the article be engrossed for a
third reading.

The motion was agreed to.

Mr. MAXWELL. I move that the
Convention now go into Committee of
the Whole on the report of the Judici-
ary committee.

The PRESIDENT. The bill on
Future Amendments has been en-

grossed and is ready to be passed.

Mr. MAXWELL. I will withdraw
my motion.

The secretary read the article as
follows:

ARTICLE.

Sec. 1. Any amendment or amend-
ments to this constitution may be
proposed in the senate or house of
representatives and if the same shall
be agreed to by a majority of the
members elected to each house, such
proposed amendment or amendmenis
shall be entered upon their journal>!
with the yeas and nays taken thereon,
and the Secretary of State shall '';ii,use
the rp.mo to be published weekly for
three months :mm.5di.Al.'";l v preceding
next election in at least one newspa-
per in every county in vhich a news-
paper shall be published, and if in
the legislature next afterwards oiics-
en such proposed amendment or
amendments shall be agreed to by a
niajoriiy of the aiembers -ol-^rie,! to
each house, the Secretary of State
shall cause the same again to be
published for the time and in the
manner aforesaid, and such proposed
amendment or amendments shall be
submitted to the electors of this
state for adoption or rejection at
the next election for members of the
legislature, in such manner as may
be prescribed by law. and it the peo-
ple shall approve and ratify such
amendment or amendments by a ma-
jority of qualified voters of this state
voting thereon, such amendment or
amendments shall become a part of
the constitution; provided that if
more than one amendment be submit-
ted they shall be submitted in such
manner and form that the people may
vote for or against each amendment
separately and distinctly.

Sec. 2. Whenever two-thirds of
the members elected to each house
of the legislature shall by a vote en-
tered upon the journals thereof concur
that a convention is necessary to re-
vise, alter or amend the constitution.

524

ENKOLLING A'SD ENGROSSING

Thursday 1

ESTABROOK—McC ANN— MASON

[July 3<i

the question shall be submitted to the
electors at the next general election.
It a majority voting thereon at the
election vote for a convention, the
legislature shall at the next session
provide for a convention and shall
in the act calling the convention des-
ignate the day, hour and place of its
meeting, fix the pay of its members
and officers, and provide tor the pay-
ment of the same together with thfe
expenses necessarily incurred by the
convention in the performance of its
duties.

The law submitting the question
shall be published for the time and in
the manner provided in the preceding
section as to proposed amendments.

Mr. ROBINSON. Mr. President. I
move to strike out the word "the"
before "state" in fourth line.

Mr. BSTABROOK. Mr. President.
I object for one reason, that is for the
purpose of making a motion that this
lay on the table for the present until
we can have a committee on enrolled
bills. No one knows whether it is
correctly enrolled or not.

Mr. McCANN. Mr. President.
This committee on enrolled bills was
intentionally left out. In the Illinois
convention, bills were referred to the
Committee on Revision and Adjust-
ment. I therefore move that the
engrossing and enrolling be referred
to that committee.

The PRESIDENT. The bill hav-
ing been engrossed and read a third
time, the question is on its passage.

Mr. MASON. I suggest the import-
ance of having an engrossing and en-
rolling committee. I move to raise
such committee, and I would just say
that I do not want to be on that com-
mittee. I wish it could consist of
printers and proof readers so far as
there are any such in the convention.

and charge them with the special
duty of seeing that all amendments
made in the committee of the whole
are properly engrossed; and I have
found, in legislative bodies that this
class of individuals will detect an er-
ror quicker than I can myself. There-
fore I move that when the President
raise this committee he appoint this
class of men. I would say three.

Mr. MYERS. Mr. President. I
call for the order of the day. Unless
gentlemen go on regularly, we never
will get through. The motion of the
gentleman from Otoe, I understand,
is to lay this bill on one side in order
to appoint the committee.

Mr. MASON. It is proper now to
enroll or engross this bill before pass-
ing.

The PRESIDENT. It has been en-
rolled and is on its passage.

Mr. MASON. Then I would insist.

Mr. MYERS. Mr. President. I
make a. motion that I think will reach
the gentleman's object. That this
bill be laid aside now for the pur-
pose of allowing the gentleman from
Otoe to make his motion for the ap-
pointment of) a committee on enroll-
ment.

Mr. GRIGGS. It is my under-
standing that this bill has already
been engrossed, and that it could not
now go to an enrolling and engross-
ing committee, and I do not see how
that committee could have anything
to do with it.

Mr. MASON. Who knows It? I
can't say it is properly engrossed. I
want the committee to take this re-
port and carefully compare with the
amendments of the committee of the

LEGISLATIVE ARTICLE

525

Thursday]

MA SON— ESTABROOK— MYERS

■whole.

The motion of Mr. Myers was
agreed to.

Mr. MASON. Now I move that the
chair appoint a standing committee
to be called "The Engrossing and
Comparing Committee," to consist of
three.

Mr. ESTABROOK. I would sug-
gest that the committee be called En-
grossing and Enrollment Committee.

Mr. MASON. I accept that.

The motion was agreed to.

The PRESIDENT. The question is
upon referring this Article to the
committee named.

The motion was agreed to.

Committee of the Whole.

Mr. MYERS. Mr. President. I
move we now go into committee of
the whole to consider the report of
the Legislative committee.

The motion was agreed to.

So the convention went into the
committee of the whole upon the
Legislative Article, with Mr. Sco-
field in the chair.

ARTICLE.

liCgislative Authority and Election.

Sec. 1. The legislative authority
of the state shall be vested in the
senate and house of representatives,
both to be elected by the people. The
senate shall not exceed thirty-three
senators, nor the house of representa-
tives 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 general
election.

Enacting Clause.

Sec. 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 mem-
bers elected to each branch of the
legislature, and the question upon the
final passage shall be taken immedi-
ately upon its last reading, and the
yeas and nays entered upon the
journal.

No bill which may be passed by the
legislature shall embrace more than
one subject, and that shall be ex-
pressed plainly and clearly in the
title.

Enumeration and Apportionment.

Sec. 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 hun-
dred and seventy-flve, 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 contiguous territory, and
no county shall be divided in the for-
mation 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-

526

LEGISLATIVE ARTICLE

Thursday]

(July 20

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.

Sec. 4. The senators shall be chos-
en for three years, by the citizens of
the several senatorial districts, at
the same time, in the same manner,
and at the same place, where they
shall vote for representatives.

Sec. 5. The number of senators
shall, at the several per ods of mak-
ing the enumeration before mention-
ed, be fixed by the legislature, and
apportioned among the districts
formed as hereinafter directed, ac-
cording to the number of inhabitants
in each as shown by the United States
or state enumeration, and shall never
be less than one-fourth nor greater
than one-third of the number of rep-
resentatives.

Sec. 0. The senators shall be chos-
en in districts to be formed by the
legislature, each dstrict containing
such a number of inhabitants as shall
be entitled to elect not more than
three senators. When a district shall
be composed of two or more coun-
ties they shall be adjoining. No
city or county shall be divided in
forming a district.

Who are Eligible.

Sec. 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 business of
the United States or of this state, and
no person elected as aforesaid, shall
hold said office after he shall have
removed from such district.

Senatorial Classes.

Sec. S. Immediately after the
senators shall be assembled in conse-

quence of the first election, subse-
I quent to the first enumeration, they
shall be d vided by lot, as equally as
may be, into three classes. The seats
of the senators of the first class shall
be vacp.ted 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 expiration of the
third year.

Time of Meeting.

Sec. 9. The general assembly
shall meet in the capitol on the first
Tuesday of January in every year.
unless sooner convened by the gov-
ernor.

Legislative Oflftcers and Contested

Elections.

Sec. 10. Each house shall choose its
president and speaker, and other of-
ficers. Each house shall judge of the
qualiflcaf.ons of its members. Con-
tested elections shall be determined
by a committee to be selected, formed
and regulated in such manner as shall
be directed by law. A majority of
each hou-'e shall constitute a quo-
rum to do business, but a less num-
ber may adjourn from day to day
and be authorized by law to compel
! the attendance of absent members, in
such manner and under such penal-
ties as may be provided.

Disqualification of Senators and Mem-
bers.

Sec. 11. No person being a mem-
ber of congress, or holding any judici-
al or military oflice under the United
States, shall hold a seat in the legis-
lature.

If any person shall, after his elec-
tion as a member of the legislature,
be elected to congress, or appointed
to any office civil, or military, under
the government of the United States,
his acceptance thereof shall vacate
his seat.

Disqnaliflcntion for Office.

Sec. 12. No member of the legis-

LEGISLATIVE ARTICLE

5547

[July 20

lature shall receive any civil appoint-
ment within this state, or to the senate
of the United States, from the governor
the governor and senate, or from the
leg slature during the time for which
he shall have been elected; and all
«uch appointments, and all votes giv-
en tor any such member for any such
office or appointment, shall be void.

Pay and Jlileage of Members of the
liegislature.

Sec. 13. The members of the leg-
islature shall receive for their ser-
vices a sum not exceeding four dol-
lars per day. from the commencement I
of the session; but such pay shall not
exceed in the aggregate four hundred
dollars for per diem allowance, ex-
cept in proceed ngs for impeachment.
When convened in extra session by
the governor- they shall receive 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 capital,
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 Alenibeis of the
Legislature.

Sec. 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 ac-
counted for and paid over all sums
for which he may have been liable.

Crime and Disqualification.

Sec. 15. No person shall be eli-
gible 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 infamous
crime.

Inipeaclunent.

Sec. IG. The house of representa-
tives shall have the sole power of
impeachment, but a majority of all
the members elected must concur
therein.

All impeachments shall be tried by
the senate, and when sitting for that
purpose, the senators shall be upou
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.

Xo person shall be convicted with-
out the concurrence of two-th rds of
the senators elected, but judgment in
eases of impeachment shall not ex-
tend further than to removal from
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 accord-
ing to law. No officer shall exercise
his office after he shall have been im-
peached, until he shall have been ac-
quitted.

Sec. 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 office.

Oatb- of Office.

Sec. IS. Members of the legisla-
ture, and all other officers elective
and judicial, except such inferior offi-
cers as may be by law exempted,
shall, before they enter on the dut-
ies 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 sup-
port the constitution of the United
States, and the constitution of the
state of Nebraska, and that I will
faithfully discharge the duties of the
office of with fidelity, and ac-
cording to the best of my ability."

528

LEGISLATIVE ARTICLE

Thursday]

[July 20

Bills for Governor and Objections.

Sec. 19. Every bill which shall
have passed both houses shall be pre-
sented to the governor. If he ap-
prove tip siiall sign it, but' if he shall
not approve he shall return it, with
his objcct;ons. to the house in which
it shall have originated, who shall
enter the objections at large upon
their journal, and proceed to recon-
sider it. If. after such ro-considera-
tion, two-thirds of that house shall
agree to pass tho bill, it shall be seat,
with the objections, to the other
house, by which likewise it shall be
reconsidered, 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
persons voting for or against the bill
shall be entered on the journals of
each houso 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.

Sec. 20. Every order, resolution
or vote to which the concurrence of
both houses may be necessary (ex-
cept on a question of adjournment)
shall be presented to the governor,
and before it shall take effect be ap-
proved by him, or. being disapproved,
shall be rs-passcd by two thirds of
both houses, according to the rules
and limitations prescribed in case of
a bU.

Sec. 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.

Saltlands Vested Forever in the State.

Sec. 22. The legislature shall

never sell or dispose of the saline
lands belonging to this state, but may-
authorize the purchase of contiguous
lands thereto by authority of law, as
may be necessary for the convenience
and interest of the state.

Quorum for Each House.

Sec. 23. A majority of each
house shall constitute a quorum to
do business, (except in cases of im-
peachment.) Each house shall de-
termine the rules of its own proceed-
ings, and be the judges of the elec-
tions, returns and qualifications of
its own members and shall choose its
own offlcers.

Senate and House May Expel.

Sec. 2 4. Each house may deter-
mine the rules of its proceedings,
punish its members for disorderly be-
havior, 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 neces-
sary for a branch of the legislature
of a free state.

Joui'nal and Manner of Voting.

j Sec. 25. Each house shall keep a
journal of its proceedings and pub-
lish them, (except such parts as may
require secrecy) and the yeas and
nays of the members on any question
shall, at the desire of any two of them
be entered on 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-

j sent of the other, adjourn for more
than three days.

Freedom of Debate.

Sec. 2 0. For any speech or debate
in either house of the legislature the
members sh.ill not be questioned in
any other place.
I Sec. 27. The legislature shall pro-

LEGISLATIVE ARTICLE

529

Thursday ]

IJul.v 20

vide by law that all stationery re-
quired for the use of the state, and
all printing authorized and required
by them, to be done for the'r use or
for the state, shall be let by contract
to the lowest bidder: but the legis-
lature may establish a maximum
price.

Xo member of the legislature or
other state officer shall be interested,
either directly or indirectly, in any
such contract.

Sec. 28. The mode of organiz-
ing the house of representatives at
the commencement of each regular
session, shall be prescribed by law.

Sec. 2 9. Each bill and concurrent
resolut'on, shall be read at large in
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.

Sec. 30. The legislature shall have
no power to release or relinquish in
whole or in part, the indebtedness,
liabili*y or obligation of any corpora>-
tion or individual to this state, or to
any municipal corporation therein.

Sec. 31. Any person holding of-
fice under or by virtue of the laws of
the state, who, except in payment of
salary, fees, or perquisites, receives,
directly or indirectly, anything what-
ever of value, or of personal advant-
age, or the promise thereof, for per-
forming or omitting to perform any
official act or, with the express or im-
plied understandiv.g 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.

Sec. 32. Any person or persons
34

offering a bribe, if the same shall be
accepted, 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 :s
tendered, shy.ll be deemed guilty of
an attempt to bribe, which is hereby
declared to be a felony, and on con-
viction shall be punished as provid-
ed by this article.

Sec. 3 3. Any person charged
with receiving a bribe, or with offer-
ing or promising a bribe that is re-
jected, shall be permitted to testify
in his own behalf in any civil or
criminal prosecution thereof.

Privileges of Senators and Members.

Sec. 34. Members of the legisla-
ture shall in all cases except treason,
felony or breach of the peace, be pri-
vileged from arrest, nor shall they
be subject to any civil process during
the session of the legislature nor for
fifteen days next before the comi-
mencement, and after the termina-
tion of ^ach session.

Divorce.

Sec. 35. 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.

Sec. 3 6. When vacancies occur in
either house the president of the
senate or speaker of the house in
which the vacancy may occur, shall
issue writs of election to fill such va-
cancies.

Revenue.

Sec. 37. All bills for raisingrevenue
shall originate in the house of repre-
sentatives, but the senate may pro-
pose amendments, as in other bills.
Xo money shall be drawn from the
treasury but in consequence of ap-
propriations made by law.

530

LEGISLATIVE ARTICLE

[July SO

Vice and Immorality.

Sec. 38. The legislature shall pro-
vide by law for the suppression of
vice and immorality in this state, and
shall never authorize any games of
chance, lottery or gift enterprise, un-
der any pretense or for any purpose
whatever.

Public Money and Appropriations.

Sec. 3 9. 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
legislature 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.

Sec. 40. No money shall be
drawn from the treasury except in
pursuance of an appropriation made
by law, and on the presentation ot
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
separate resolution. The auditor
shall, within sixty days after ad-
journment of each session of the leg-
islature, prepare and publish a full
statement of all money expended at
such session, specifying the amount
of each item, and to whom and for
what paid.

Sec. 41. Each legislature shall pro-
vide for all the appropriations nec-
essary for the ordinary and contin-
gent expenses of the government until
the expiration of the first fiscal quar-
ter after the adjournment of the next
regular session the aggregate amount
of which shall not be increased with-
out a vote of two-thirds of the mem-
liers 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 belong-

ing to the state, shall end with such
I fiscal quarter: Provided, that the state
may, to meet casual deficits or fail-
ures in revenues, contract debts never
to exceed in the aggregate $250 000:
and monies thus borrowed shall be
applied to the purpose for which they
were obtained, or to pay the debt
thus created, and to no other pur
pose: and no other debt but tor the
purpose of repelling invasion, sup-
pressing insurrection or defending
the state in war, (for payment of
which the faith of the state shall be
'pledged) shall be contracted unless
the law authorizing the same shall,
at a general election have been sub-
mitted to the people, and have re-
ceived a majority of the votes cast
for the members of the legislature at
such election. The legislature shall
provide for the publication of sa d
law for three months at least, before
j 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 annu.ally as it shall
' accrue, by a tax levied for the pur-
' pose, or from other sources of reve-
nue, which law providing for the
payment of such interest by such tax
shall be irrepealable until such debt
be paid. .And provided, further, that
I the law levying the tax shall be sub-
mitted to the people with the law
authorizing the debt to be contracted.

Sec. 42. The legislature shall nev-
er grant or authorize extra compensa-
ition, 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 agree-
ments or contracts shall be null and
void. Provided the legislature may
make appropriations tor expenditu^e^
incurred in suppressing insurrection
or repelling invasion.

Sec. 43. The state shall never pay.
assume or become responsible for the
debts or liabilities of or in any man-

REPRESENTATIVE DISTRICTS

531

Thursday]

HASCALL— MASON

[July 20

ner give, loan or extend its credit to ! Sec. 50. The legislature shall pass
or in aid of an.v public or other cor- liberal homestead laws and exemp-
poration, association or individual. tion laws.

The secretarv read the first section
Miscellaneous. as follows:

Sec. 44. The legislature shall
provide by law that the fuel, station-
ery and printing paper furnished for
the use of the state, the copying,
printing, binding and distributing the
laws and journals, and all other
printing ordered by the legislature,
shall be let by contract to the low-
est responsible bidder: but the legis-
lature shall fix a maximum price; and
no member thereof, Or other officer
of the state, shall be interested di-
rectly or indirectly, in such contract.
But all such contracts shall be subject
to the approval of the governor, and
if he disapproves of the same there
shall be a re-letting of the contract
in such manner as shall be prescrib-
ed by law.

Sec. 4 5. The State of Nebraska
shall never be made defendant in any
court of law or equity.

Sec. 4 6. No law shall be passed
■which shall operate to extend the
term of any public officer after his
election or appointment.

Sec. 47. 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
required, and the construction of es-
capement shafts, or such other appli-
ances as may secure safety in all coal
mines, and to provide for the enforce-
ment of said laws by such penalties
and punishments as may be deemed
proper.

Sec. 48. The legislature shall pro-
vide for the establishing and opening
roads and cart ways connected with a
public road for private and public use.

Sec. 4 9. The legislature may pass
laws permitting the owners or oc-
cupants of lands to construct drains
and ditches for agricultural and sani-
tary purposes across the lands of
others.

Sec. 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 representa-
tives for the term of one year from
the day next after their general elec-
tion.

Mr. HASCALL. Mr. Chairman. I
move to strike out the word "county"
in the 5th line and insert "repre-
sentative district."

The committee divided and the
amendment was not agreed to.

Mr. MASON. Mr. Chairman. It
is well for us to consider the lan-
guage we put in our constitution.
Certainly representation should bear
some relation to population. Let me
say that I, for one, would be in favor
of giving western counties a larger
representation than their present
population would entitle them to,
in view of their rapid increase in
the number of their inhabitants. But
I am not in favor of giving repre-
sentation to every county. I might
illustrate the result by citing a case
in Iowa, where every strip of land
of a certain size made a school dis-
trict. In one there was but one man
lived, and he elected himself school
director; voted for a school house,
worth $3,000; carried the election;

532

REPRESENTATIVE DISTRICTS

Thursday]

GRIGGS— MYERS

[July 20

got his money; built the house and
had his wife appointed teacher, using
part of the school house for a resi-
dence, (laughter). Are counties to
furnish the basis for districts here?
Take my own county, for instance.
We have a town in it, which if it sees
fit, can take to itself the entire rep-
resentation of the county. Now shall
we say that the constitution shall give
a representation to each county?
Soon there will be a large town in the
county, which will control the whole
county. Then the counties will say
"we prefer to have the county set off
in districts." If I am correctly inform-
ed, there are some counties in this
state. In which there is not a man.
I hope this amendment offered by the
gentleman from Douglas (Mr. Has-
call) may not be so summarily dealt
with. It is worth while to pause be-
fore you vote it down. If the gentle-
men desire to say that every coun-
ty of a certain population, shall have
a certain representation, that will do.
Now while I don't live in the Immedi-
ate confines of that city which con-
trols our county, I am not one of
those who say that all the learning,
all the ability, all the talent concen-
trates in the large towns. There-
fore I ask the gentlemen to pause and
consider, before the amendment of-
fered by the gentleman from Doug-
las (Mr. Hascall) is thus summarily
dealt with. I hope the amendment
will prevail. It the legislature shall
see fit to district up counties, they
will so order, if they see fit to district
in some other way, they will so order.
Mr. GRIGGS. Mr. Chairman. I
am in favor of this amendment. I
can say that although I represent
Cage county in this convention, I al-

so represent other counties that are
sparsely settled I cannot vote nor
will I vote to have all the power of
carrying the elections left with the
large towns. Suppose in our county
we have three representatives. Be-
atrice would get all three, and the
other parts of the county would get
nothing. I don't believe that because
there are 150 men living in the town
that they shall have the three repre-
sentatives and the 100 men who live
in the country shall have nothing. I
am in favor of representative dis-
tricts, leaving it in the hands of the
legislature to say what those districts
shall be.

I don't believe that there is any
gentleman on this floor believes that
this is fair or just. I hope that the
amendment will prevail, I believe
that when it prevails that justice
thereby prevails and we will avoid
these swindlers and cheats. Suppose
that if we have a representative dis-
trict composed of two counties, one
populous and the other weak. We all
know that this will leave the sparsely
populated county whose votes amount
to almost nothing — without a repre-
sentative. I hope the friends of the
welfare of the unpopulated part of
of our country, will vote for this
amendment.

Mr. MYERS. Mr. Chairman. I
do not concur in the objections that
have been made to this section. Wo
must have a starting point, and we
cannot recognize precincts, city, town
or parts of towns. We must have the
section state how the legislature may
have the representatives chosen by
the people. It certainly must be done
by counties first, by apportioning the
number of legislators to each coun-

REPRESENTATIVE DISTRICTS

533

Thursday]

WEAVER— MASON

[Jul? 20

ty. In a subsequent portion of this
Article it is provided that the several
members of the legislature shall be
apportioned by that body according
to the number of inhabitants of each
district. That is in harmony with
the declaration in the 1st section. I
don't know as to the propriety of
forming the single representative dis
trict of our state. It is true that
the county of Douglas has a large
city with in it, which is also the case
with Otoe county, and that they ab-
sorb all but one of the members from
those counties. Douglas county has
eight members. Xow would you di-
vide that city into eight parts and
the county into as many? If you do
that part of the city would still con-
trol the portion outside of the city.
I think it is better to get one member
from the rural districts. Why not
have the voice of the people of the
whole county centered upon the
number of delegates that they are
entitled to have. Let the whole
people of the county vote for the
whole numbiir of their representa-
tives. It is not too big a cherry for
the inhabitants of any town to swal-
low. I therefore hope, unless this
convention should agree to have lit-
tle representative districts, that this
section may be adopted as reported
by the committee.

Mr. WEAVER. Mr. Chairman. I
cannot see the force of the objections
that are expressed against the adop-
tion of this section. I think the two
fears of the gentleman from Otoe
(Mr. Mason) are not consistent,. He
first fears that the county would get
all and in the next place he fears the
city would get all the representation.
I can see no reason why this amend-

ment should prevail.

Mr. MASON. Mr. Chairman. I
failed to make myself understood. I
would strike out the word citizens in
the fourth line and insert the words
"electors of the state." I am not one
of those who believe in exclusive rep-
resentative districts, I would have
some elected from the whole state at
large; and why? It is a principle of
our nature that we look first to the
interests of those who are nearest to
us, our families, town, city or coun-
ty which we represent. When we
reach that matter I shall favor the
election of a limited number of rep-
resentatives from the whole state.
Let no gentleman misunderstand me
and think that I advocate single rep-
resentative districts, or that I ad-
vocate a representative from a county
whether it has a population or not.
This section will meet my views if we
strike out the words "of each citizen"
in 4th line and "county respectively"
in fifth line, and insert the words
"electors of the state." I have look-
ed over the bill and see in every step
such barriers in the way of carrying
out the views here foreshadowed
that it is impossible for me to amend
it so as to meet these views if they
should receive the approbation of the
committee of the whole, and sooner
or later we must reach a point where
I trust it may be committed to the
smaller committee from whence it
came to make certain corrections.
Now sir, why should you elect your
senators for three years inste-"! of
two? I believe that the law making
power should come first from the
fountain of all power, fresh from the
people, and your senators should be
elected for two years and your rep-

534

'ELECTORS" AND "CITIZENS"

Thursday]

[July 20

resentatives for one year if you are
to have annual sessions of ttie legis-
lature. There are other objections
which in the present state of this bill
I do not care to urge. I ob.iect to
that word "citizen" there. The new
born babe is a citizen; the maniac Is
a citizen; the criminal in the peniten-
tiary is a citizen; all are citizens, yes
sir, and woman is a citizen, and
when we are making constitutions let
us use language that has a specific
meaning. It is not eveiT citizen
that is an elector, or ought to be an
elector; the word "citizen" should be
stricken out and the word "elector"
substituted in its stead. You have
defined what makes an elector in
one other provision that has been un-
der consideration, hence I would not
say that the new born babe, resting
on the mother's bosom should help
elect these representatives. I would
not say that the maniacs in the insane
asylum should elect these represen-
tatives, and for this reason I would
strike out the word "citizen" and
say "electors," and I would say elec-
tors of the state, so as to fix it that
the election should be held on the
same day in all the counties. It seems
to me this obviates this difficulty.

Mr. MYERS. Mr. Chairman. The
gentleman from Otoe (Mr. Mason) is
right in his definition of who are citi-
zens, that they are all the people of
the state. I agree to that, but this
bill provides for the recognition of
that portion of its citizenship who
shall control its government, who
shall be its electors, it does not ostra-
cize any portion of them, it does not
introduce an hypercritical difficulty
among any class of our fellow citizens

but we are recognizing here as the
old Roman did, every man a citizen,
entitled to the protection of the state,
whether he be rich or poor, sane or
insane, but out of the body of all the
citizens we define by constitutional
law which portion of them should
control the government. We have
heretofore decided which class they
shall be. We did not take the ne-
groes in for a long time, although
they were citizens, we do not take in
felons, convicts or lunatics, but we
have taken in four or five millions
which were disfranchised since the
organization of government. The
Romans did not allow their negroes
to vote but they were taken and em-
bodied in the Roman Republic, they
were citizens to all intents and pur-
poses. The British government en-
franchises nine-tenths of its subjects,
they are all called subjects there, here
we have no nobility, no such distinc-
tions and hence this bill is perfectly
logical and correct in selecting from
the mass of the people those who
shall be vested with the right of be-
ing its electors. The gentleman says
we have a right to say who shall vote
here, rather we have the right to say-
no man shall vote unless he is a natu-
ralized citizen, that will keep out the
Chinese. Mr. Chairman. I have a
word to say in regard to the senators
whom this committee have provided
to be elected for a term of three
years. I am in favor of going as close
as you can to the minds of the peo-
ple. Let me say the senate is a dif-
ferent body to the house of represen-
tatives, it is a conservative body, and
here is the distinction made in the or-
ganization of the Federal Govern-
ment, their senators are elected, not

THE STATE SENATE

535

Thursday]

MYERS— WKAVER

[July sa

directly by the people at the ballot
boxes, but by the state legislature for
a period of six years. I want the
gentleman from Otoe to take notice
of the facti that the senate of the
United States is a conservative body.
Should the senate be subject to the
caprice of the leaders of the com-
munity the same as the house of rep-
resentatives, elected here each one
from his little county to carry out a
particular object? We want the sen-
ate there as a restraint upon the
house of representatives.

Mr. WEAVER. Mr. Chairman. I
rise to a point of order. There is
no motion touching this question the
gentleman Is discussing.

Mr. MASON. The gentleman is
in order, the whole article is before
the committee.

The CHAIRMAN. The gentleman
is in order.

Mr. MYERS. I am a conservative
man, and have the great credit of
coming from a conservative state, and
1 desire that those principles which
have been established by our revolu-
tionary fathers should be loved and
cherished by their children. I be-
lieve I do not address a single indivi-
dual in this convention who has the
honor of having been born upon the
soil of Nebraska. Let us listen to the
voice of wisdom from the old states
when they laid the superstructure of
their state governments down deep,
strong and broad in the bosom of
their hearts. Let us make no hasty
departures from those grand princi-
ples which they have so established.
I have provided by the consent of
this committee, a senate which shall
be elected for three years, one portion

of it to go out every year, by which we
will have a fresh infusion from the
people sufficient to keep the body in
order. I do not propose to establish
gentlemen in a position where they
shall be deaf to the voire of the peo-
ple, where the people shall have no
means of approaching them. I at
least want that spirit of stability es-
tablished that will give the people a
sense of security in the pursuit of
their business, the establishment of
their corporations, and in the em-
bodiment of their laws, hence I want
the senate to sit there free from the
restraints and restrictions of their
first election. They are there for the
second time, their minds clear and
unembarrassed, where they can act
impartially and justly. The senators
are separate from the house of rep-
resentatives, having a restraint up-
on that body. Owing to inexperience
men come here passing laws that are
the cause of confusion in the enforce-
ment of laws by the courts, they are
passed by gentlemen inexperienced in
deliberative bodies.

Now get your men of experience
into the senate, let them first draw
their lesson of wisdom in the house
of representatives, and after their
wisdom has been drawn here, and they
have been found honest, send them to
the senate with their increased wis-
dom, and then you will have faith in
your senatorial body, and then gen-
tlemen will not rise as they have in
this body, and denounce a former
legislature over which they had no
control. If you make them all mem-
bers of the house of representatives,
elect your senators for the same term
that you do for the house. Why

536

LEGISLATIVE DISTRICTS

Thursday]

[JuJySO

your senator is all bosh; it means
nothing, and is a contradiction of
language. I hope this convention
then in its wisdom will see the pro-
priety of making a difference in these
two points.

Mr. HASCALL. As I made this
motion I will give my views of this
section. By looking at the fourth
section you will discover it reads in
this way — "the senators should be
chosen from the several senatorial
districts". Now.. I propose to make
the reading in reference to the rep-
resentatives read in the same way —
"that the representatives should be
chosen from the several represen-
tative districts." Now, I am
not opposed to putting the word
"elector" in the place of "citizen."
But that is not the question. Now
with regard to these representatives,
we will put in the const'tution, un-
doubtedly a section defining the seve-
ral senatorial and representative dis-
tricts in the state, and will also ap-
portion senators and representatives
to those districts. The idea that the
gentleman had. and also the com-
mittee, in framing this article was
that the representatives should be
chosen from the counties and that
the senators should be chosen from
districts. The reading of the whole
article would seem to convey that
idea, and the argument of the gen-
tleman with regard to keeping coun-
ties together for the purpose of elect-
ing representatives would seem to
confirm me in the idea I have con-
veyed as to what they intended. Now,
I am in favor, so far as practicable,
of bringing the representatioi. clause
to the people as far as my voice

goes in this convention, I shall advo-
cate that no more than one senator
shall be elected from one district,
and if more than one is to be appoint-
ed from one county I shall advocate
cutting up that county into several
districts. If there is a single county
in the state entitled to three or less
representatives, and they desire to
have that in one representative dis-
trict, in forming these representative
districts we can say, perhaps that
a certain district shall have one or
two representatives.

When my colleague says there is no
way of arriving at the number of citi-
zens of Douglas county outside the
city, I can very readily arrive at it.
I can give the population of the city
of Omaha, which is about 1G,000, and
there are about 4,000 outside. And
I can say to the gentleman that they
have a population under our present
; constitution, and considering the
j present number we are entitled to
I in the house of representatives
that would entitle Douglas county,
outside of Omaha, to more than one
representative. The gentleman could
have the representatives from the
country, and also have a voice in the
float. I think it would be improper
to say these should be elected by the
citizens of the state. I do not see
why we should not use the same lan-
guage in regard to the representa-
tives as to the senators. That obvi-
ates all difficulty. With regard to
representation at large I am satis-
fled this convention will not conclude
to allow senators to be elected by the
state at large. Because you make
the state at large a district. And, then
you can make a county a district —
one-half or two-thirds of a county a

LEGISLATIVE DISTRICTS

537

Thursday]

ROBINSON— LAKE

[July SO

district. Ttiis thing can be arrived at
in a satisfactory manner. We have
our counties cut up into precincts,
and it is easy to say this senatorial
district shall consist of precincts, or
you can say it shall consist of wards.
and our wards in cities are called
precincts in the counties. Conse-
quently, I think it is well enough to
start out at this time, and say the
representatives shall be chosen annu-
ally by the electors of the several rep-
resentative districts on the Tuesday
succeeding the first Monday. And
when we reach those other questions
that have arisen it is a matter we can
soon determine by the vote of this
committee.

Now, with regard to the senators
I am not in favor of the proposition
■of the gentleman from Otoe or my
colleague. I shall sustain a proposi-
tion to elect senators for two years,
and let one half go out every year.
I think that is the most sensible plan.

Mr. ROBINSON. I move that this
•committee now rise and report this
article back to the convention with
the recommendation that it be recom-
mitted to the legislative committee,
with instructions to prepare an arti-
cle as nearly conformed to the con-
stitution of .the state of Illinois as
iDur circumstances will allow.

Mr. LAKE. I do not know wheth-
er we want the article of Illinois or
not. It seems to me a strange pro-
cedure. Let him see what it is. If
any plan is to be adopted that will
conform to the plan we have been liv-
ing under for a number of years.
which has worked very well. Now,
most certainly, the constitution we
liave been living under for the past

four years, so far as our legislature
is concerned, ■yfould be far more suit-
able to our wants and tastes than that
of Illinois. And it seems to me that
if there is any serious difficulty or
embarrassments in the way of modi-
fying this which has come from the
committee to whom this subject has
been entrusted, that we have not yet
met with any serious impediment.
Now, I would like to hear from gen-
tlemen who propose this mode of dis-
posing of the committee. Why not
conform to any other model that
would be. just and proper and right?
Why not resort to the constitutions
of the several states for the purpose
of getting up some plan for an arti-
cle of this kind? And why confine
the committee to the state of Illinois?
Is this committee prepared to say
that the constitution of the state of
Illinois, in this regard, is just the
thing we need, or that light cannot
be drawn from the experience of some
other state? Why force this mat-
ter upon this convention in this shape
at this time? We have had under
consideration but one section of this
Article. Now in respect to the dif-
ficulty that we have met right here at
the threshold, this is not a serious
one, and there can be no serious ob-
jection to taking the language pro-
posed in the report, or the language
of the amendment offered by my col-
league (Mr. Hascall) . I don't think
the language in which the gentleman
from Otoe (Mr. Mason) proposes to
clothe this thing, is appropriate. I
think the language in our old consti-
tution is better. We know that in
this matter the people of the state are
satisfied with that, we have not heard
one complaint with respect to this

538

LEGISLATIVE DISTRICTS

Thursday]

LAKB-TOWLE

(July 20

branch of our old constitution. It
leaves it with the legislature and if
the legislature, under the old consti-
tution, should see fit to make single
districts in each county, they would
have authority to do so; and they
would be authorized to do so under
the provision of my colleague, (Mr.
Hascall) or the gentleman from Otoe,
(Mr. Mason) or under the section
as reported by the committee. Leave
the legislature to determine what
these districts should be. If the leg-
islature should see fit to say that
counties should be the largest, or
smallest of these districts, it would
have the authority so to do. I am in
favor of leaving it just as it was left
in our old constitution. I'am opposed
to re-committing this to the commit-
tee from which it came with instruc-
tions to make it conform to the Illi-
nois constitution. In that constitu-
tion, there are many things inapplic-
able to our wants. It seems to me
it is tying the hands of the commit-
tee. For what reason is this motion
made? Is it for the purpose of in-
sulting the committee? This section
can be amended here; why return it
to the committee? If the gentleman
can give any good reason why it
should be re-committed now, upon
this cursory view of the Article, be-
fore we have fully considered one sec-
tion, I would like to know what those
reasons are. I would like the gentle-
man to give reasons why they would
resort to the Illinois constitution. We
have a great many constitutions, that
can be resorted to; we have consti-
tutions which have borne the test
of experience of time, that can be re-
sorted to. What is this Illinois con-

stitution? Have we had experience
in it? Has Illinois had experience in
it? If we are to take any constitu-
tion for a model, I would say, take
the constitution under which we have
lived up to the present time. Why
throw overboard that which has been
to us, in this respect, a good pilot,
and seek that "which we know not
of?" It seems to me that we should
gather some information from the
experience of the past, and if the ex-
perience of the past shows us that
representative districts such as we
have had, are good, let us conform,
as nearly as practical to that. Let us
not go and take up that system, the
workings of which we know nothing
of. I am not willing to return this
Article without first considering it.
For these reasons, Mr. Chairman, I
am opposed to the proposition.

Mr. TOWLE. Mr. Chairman. I
would ask the gentleman from Doug-
las (Mr. Lake) whether if the resolu-
tion was so amended as to Strike out
that portion which relates to the con-
stitution of Illinois, he would sup-
port it?

Mr. LAKE. I would ask the gen-
tleman from Richardson (Mr. Towle)
why this tirade — why this haste. We-
have merely, thus far, read the first
section, and there seems to be a con-
flict of opinion as to changing a
word or two in this section.
There does not seem to be any great
difficulty there. I am in favor of
giving the report of any committee a
fair consideration. The committee
which has been selected for this busi-
ness, have had this matter under con-
sideration and have given a .good re-
port. Until we have found some dif-

LEGISLATIVE DISTRICTS

539

Thursday]

ROBIN SON-MYERS-GRA Y

[July 20

Acuity that it is impossible to over-
come, we should consider their report
in the same manner we have consid-
ered the reports of other committees.

Mr. TOWLE. Mr. Chairman. In
looking into the report and after
talking with other members of this
convention, I have found that it is
glittering all over with imperfections.
We find objections piled, one upon
another. It must be re-committed
back, or it will take us days, weeks
and months to trim it into proper
shape. I believe, sir, that this propo-
sition is not a fair expression of this
committee. I believe this commit-
tee has allowed an overshadowing
influence to control its actions in this
respect. I think if they are allowed
to, they will give us a report which
will be satisfactory. The gentleman
has alluded to the constitution of the
state of Nebraska. I would take the
corresponding article in it, and place
it in place of the report of this com-
mittee. I would take the legisla-
tive Article in the constitution of
Kansas, in preference to this report.
Now my conviction upon this report
as it stands here today is that if we
go on considering it, it will be many
days before we adopt it. I will make
an amendment to the resolution of
the gentleman from Lancaster (Mr.
Robinson I which is that that portion
relating to the constitution of Illi-
nois be stricken out.

Mr. ROBINSON. I accept the
amendment. Mr. Chairman. I rise to
answer the gentleman from Douglas.
I made that motion because I wanted
to and had a right to, and because
I think it is a poorly digested article.
We find an objection right at the be-

ginning and I don't believe we will
agree in the three questions raised. In
making that motion I meant to
throw no insult upon the gentlemen
reporting that article.

Mr. MYERS. Mr. Chairman. I
am not at all tenacious about having
this report adopted as reported. I
don't propose to thrust it down the
throats of this convention. I know
that other reports come into this con-
vention just as erroneous and defect-
ive as this report which required
amendinents to make them perfect,
and I don'.t suppose that an article
like this could escape objections. If
there is an absolute necessity of re-
committing this bill, why let it be re-
committed. I shall not take it as an
affront, but I think the particular
section under consideration can be
amended as others have been.

Mr. GRAY. Mr. Chairman. I hope
the motion will not prevail. I pre-
sume every member of this house has
been at work preparing amendments
for the different sections of this re-
port and is ready now to enter upon
the consideration of it, and sir, why
the re-commitment? A number of
days will pass before it is again re-
ported and then it will require some
time to examine it before we are
ready for action upon it. No sir, as
has already been said there are only
a few questions on which differences
of opinion will exist, and they will
still exist and be discussed if the bill
is re-committed, until they are passed
upon by this committee. I defy that
committee or any other committee to
make a report that will suit every
one here on the questions raised un-
der the consideration of this bill .

540

ELECTION OF LEGISLATORS

Thursday]

WAKELEY— MOORE

[July 20

There is too wide a difference of
opinion upon the subjects. For my
own part I desire to see every county
of this state have a representative
in one branch of the legislature. It
may be to say every county is go-
ing too far. I desire to see a limit
fixed, but as a genera! rule I would
prefer to see such a provision made.
Other gentlemen here will prefer our
present system of representation in-
cluding the "floats" and all, but we
will have to decide the matter for
ourselves and no report of any com-
mittee can decide them. I am oppos-
ed to this going back at all to any
committee.

Mr. WAKELEY. Mr. Chairman. I
desire that some action may be taken
that shall expedite the consideration
of this article. It seems to me if we
re-commit it to this committee before
any expression of the minds of the
convention as to all main features of
the aj-ticle is had, the committee
will have no guide as to the desire of
the convention. If they have no
guide in that matter, what have we
gained. It seems to me there are a
great many practical objections to
re-commit this article at this time. I
think we should proceed with the ar-
ticle now before us as well as we can,
and go on with it until we have set-
tled the main features of the legisla-
tive article, we should decide what
shall be the limit to the number of
senators and representatives, what
shall be their term, whether we shall
have an annual or biennial sessions,
what we will propose as to senatorial
and representative districts, what is
to be the compensation and I might
enumerate a great many other par-

ticulars. I think we ought to arrive

at conclusions before the article is
re-committed. When we have done
this, if we think the arrangement of
the article might be bettered, that
portions of it may be dispensed with,
the committee will have some guide.
In regard to this amendment Mr.
Chairman, my opinion is there is no
necessity in this first section of say-
ing anything about this. Suppose we
were to strike out "by the citizens of
each county respectively," would not
that obviate all the difficulties we
have encountered thus far? At some
appropriate place in this article we
ought to make provision as to the
districts, there is no necessity of
providing for it in this section, say
simply representatives shall be chos-
en annually, that is enough. The
suffrage article fixes the qualifica-
tion of an elector. They cannot be
chosen by anybody but electors. I
see no necessity for it. Simply say
how often they shall be chosen and
on what day. Certainly you have not
got to stop whenever you speak of a
senator or representative to say it
must be by qualified electors. It
seems to me we can go along and
take these provisions as they come
and express our views upon
them in this committee, un^til we
have at least blocked out the main
features of the legislative article as
we desire to make it.

Mr. MOORE. Mr. Chairman. As a
member of that committee I shall like
to seethe report re-committed. 1 think
it will do no harm whatever for us
to look over it again. Through cer-
tain circumstances I did not 'get to
meet with the committee but once
and that was but a very short time.

LEGISLATIVE ARTICLE

541

Friday]

SCOPIELD— MASON— BOYD

the next thing I heard was that it
was passed upon and ready to be
presented to the convention. I
asked the privilege of reading the
manuscript, but could not, so that I
never saw it until it was read in the
convention. Several members of the
committee are anxious for re-com-
mitment. We do not mean to cast
any reflections on the chairman of the
committee at all, we wish to have
another chance of getting at some-
thing that will satisfy this conven-
tion.

The CHAIRMAN. The question is
that the committee rise and report
ihe article back to the committee.

The motion was not agreed to.

Mr. GRAY. Mr. Chairman. I move
that the committee now rise, report
progress and ask leave to sit again.

The motion was agreed to.

Mr. SCOFIELD. Mr. President.
The Committee of the Whole have
had under consideration the article
reported by the legislative committee,
and have instructed me to report pro-
gress and ask leave to sit again.

The report of the committee was
accepted.

Adjoumment.

Mr. WAKELEY. Mr. President. I
move that when we adjourn we ad-
journ to meet at eight o'clock this
evening.

Mr. GRIGGS. Mr. President. I
move we adjourn to meet at nine
o'clock to morrow morning.

The convention divided and the
motion was agreed to, so the con-
vention at five o'clock and fifty-five
minutes adjourned.

TWENTY-FIFTH DAY.

Friday, July 21, 1871.

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

Prayer.

Prayer was offered by the Chap-
lain, as follows:

Our Father, may it please Thee to
take care of us this day. Bless all
our doings. Grant that we may have
Thy favor in the glory of righteous-
ness. Give light to all the land that
there may never again be battle un-
to blood. Continue the Nation's life
and may prosperity, through intelli-
gence and virtue extend to our broth-
erhood. May freedom reign through-
out all our borders. Amen.

Reading of the Journal.

The Journal of the last day's pro-
ceedings was read and approved.
Privilege.

Mr. MASON. Mr. President. I
desire now to ask the consent of the
convention to record my vote on Sec-
tion 13 of the Bill of Rights, against
the amendment for the insertion of
the word "general," as I was out
when the vote was taken. (Leave,
Leave.)

Reports of Committees.

Mr. BOYD. Mr. President. Your
committee on Railroad Corporations
beg leave to report that they have
had under consideration the various
resolutions referred to them and
would respectfully submit the follow-
ing report. I move that it be read
twice by its title, ordered printed and
referred to the Committee of the
Whole House.

The report is as follows:

642

KAILROAD CORPOKATIONS

[July 21

ARTICIiE.

Railroad Corporations.

Sec. 1. Every railroad corporation
organized or doing business in this
state under the laws or authority
thereof, or by the authority of the
general government shall have and
maintain a public office or place in
this state for the transaction of its
bus:ness, 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 capital 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
names and place of residence of its
officers.

The directors of every railroad
corporation shall annually make a re-
ports, under oath, to the auditor of
public accounts, or some officer to be
designated by law, of all their acts
and doings, which report shall in-
clude such matters relating to rail-
roads as may re prescribed by law
And thelegislature shall pass laws en-
forcing, by suitable penalties, the pro-
visions of this section.

Sec. 2. The rolling stock and all
other movable property belonging to
any railroad company or corporation
in this state, shall be considered per-
sonal property, and shall be liable
to execution and sale in the same
manner as the personal property of
individuals. And the legislature shall
pass no law exempting any such pro-
perty from execution and sale.

Sec. 3. No railroad corporation
shall consolidate its stock, property
and franchises with any other rail-
road corporation owning a parallel or
competing line; and in no case shall
any consolidation take place except,
upon public notice given of at least
sixty dao's to all stockholders, in
such manner as may be prescribed
bv law. A majority of th« directors

of any railroad corporation now in-
corporated, or hereafter to be incor-
porated by the laws of this state,
shall be citizens and residents of
this state.

Sec. 4. Railways heretofore con-
structed, or that may hereafter be
constructed in this state, are hereby
declared public highways, and shall
be free to r.ll persons for the trans-
portation of their persons and pro-
perty thereon, under such regula-
tions as may be prescribed by law.
And the legislature shall from time
to t:me pass laws establishing reas-
onable maximum rates of charges for
the transportation of passengers and
freight on the different railroads in
this state.

The liability of railroad corpora-
tions as common carriers shall never
be limited, but the same shall be and
remain as fixed by the common law.

Sec. 5. No railroad corporation
shall issue any stock or bonds except
for money, labor or property actual-
ly received and applied to the pur-
poses for which said corporation was
created; and all stock, dividends
and other fictitious increase of the
capital stock or indebtedness of any
such corporation shall be void. The
capital stock of no railroad corpora-
tion shall be increased for any pur-
pose except upon giving sixty days
public notice in such manner as may
be provided by law.

Sec. G. The exercise of the power
of right of eminent domain shall nev-
er be so construed or abridged as to
prevent the taking by the legislature
of the property and franchises of in-
corporated companies already organ-
ized, or hereafter to be organized,
and subjecting them to the public
necessity the same as of individuals.
The right of trial by jury shall be
held inviolate in all trials of claims
for compensation when in the exer-
cise of said right of eminent domain,
any incorporated company shall be
interested either for or against the
exercise of said right.

Sec. 7. The legislature shall pass

MUNICIPAL INDEBTEDNESS

543

Friday]

KIRKPATEICK

[July 21

laws to correct abuses and prevent
unjust discriminations and extortion
in the rates of freight and passenger
tariffs of the different railroads in
this state, and enforce such laws by
adequate penalties to the extent, if
necessarry for tnat purpose, of forfei-
ture of their property and franchises.
Sec. S. All lands in this state here-
tofore granted or that may here-
after be granted by the United States
to any railroad corporation and to
which any railroad coroporation is
now or hereafter may become enti-

the qualified electors voting on said
propos.tion shall be in favor of the
same.

Such indebtedness, inclusive of any
and all similar indebtedness whenso-
ever created, shall not at any time
exceed ten per cent, of the valuation
for taxable purposes of such city,
county, town, precinct orother muni-
cipality or sub-division of the State
contracting such indebtedness.

Sec. 2. Nor shall any aid be given to
any ralroad company or for ,the con-
struction of any railroad, or any

tied by the building thereof, shall be i debtedness be created or contracted

subject to taxation from the time
the same are designated and set apart
or surveyed and set off by the United
States for said corporation.

Sec. 9. No county, city, town,
township or other municipal corpora-
•tion shall ever make any donation
to, or loan its credit in aid of, any
corporation that has received or may
hereafter receive a grant of land
from the United States, or to any
railroad corporation whichhas orshall
hereafter construct its road in whole
or in part from the proceeds of land
grants made or hereafter to be made
to any corporation or company by the
United States.

Mr, KIRKPATRICK. Mr. Presi-
dent. Your committee on State,

for such purposes, unless the line ot
the railroad shall have been definitely
located and shall be specified in the
proposition voted upon.

Your committee desires to make
another report on the same subject.
I will state that th:s is a minority
report:

ARTICLE

Section 1. No county, city, town,
precinct Or other municipality shall
ever become subscribers to the capi-
tal stock of any railroad or private
corporation, or make donation to or
loan its credit in aid of such corpora-
tion; PROVIDED, That the adoption
or rejection of this article shall not
affect in any manner the question of

County, and Municipal Indebtedness (the legality or illegality of any dona-

■beg leave to report as follows: I
ask leave to read the report, as it is
short, (Leave).

ARTICLE —

Sec. 1. No city, town, county, pre-
cinct, or other municipality or other
subdivision of the state shall ever be-
come a subscriber to the capital stock
of any railroad or private corpora-
tion, or make donation thereto, or aid
in the construction of any railroad or
work of internal improvement or
create or contract any indebtedness
for any purpose herein specified, un-
less a proposition so to do shall have
been submitted at an election held
by authority of law and three-fifths of

tions already made to any railroad
company or other private corporation.

I ask that they be read twice by
the title, ordered printed and refer-
red to the Committee of the Whole.

The reports were read the first and
second time by their title and refer-
red to the Committee of the Whole.

Mr. CAMPBELL. Mr. President.
Your committee on Printing and
Binding submit the following report:

The Secretary read the report as
follows.

ARTICLE

Section 1. The printing and bind-

544

LIMITATION ON DEBATE

Friday]

SCOFIELD-STEWABT— MYERS

(July 21

ing of the laws, journals, bills, legis-
lative documents and papers for each
branch of the Legislature, with the
printing required for the Executive
and other departments of State, shall
be let on contract to the lowest re-
sponsible bidder by the State Execu-
tive officers, and in such manner as
shall be prescribed by law; PROVID-
ED, The printing and binding shall
be done in the State.

Mr. CAMPBELL. Mr. President. I
move the report take the usual
course.

The report was read the second
time by its title and referred to the
Committee of the Whole.

Mr. SCOFIELD. Mr. President.
The Special Committee, to whom was
referred the report of the Standing
Committee on State Institutions and
Public Buildings, together with the
several amendments proposed there-
to, respectfully report that it has had
the subject under consideration and
submit the following and ask that it
be embodied in the Constitution.

The Secretary read the report as
follows;

Section. — . The Superintendent
of Public Instruction and the Land
Commissioner shall be elected at the
first general election provided for In
this Constitution and at the general
election every two years thereafter;
and these officers, together with the
Secretary of State, the Treasurer and
the Attorney General shall have the
supervision and control of all the
public buildings, institutions, grounds
and lands of the State, subject to such
rules and regulations as may be pre- ■
scribed by law, and your Committee
recommend that the same be made a
part of the article on Executive.

Mr. MASON. Mr. President. I
move that report be referred to the
Committee of the Whole House.

The motion was agreed to. i

Resolutions.

Mr. WAKELEY. Mr. President. I
move the adoption of this resolution:
"RESOLVED. That the report of
the Committee on Electoral and Rep-
resentative Reform be made tho, spec-
ial order and considered on Tuesday
evening of next week at S o'clock,
and each evening thereafter at the
same hour nutil otherwise ordered.
The resolution was adopted.
Mr. STEWART. Mr. President. I
offer a resolution.

The Secretary read the resolution
as follows:

RESOLVED. That no member of
the Convention shall, while in Com-
mittee of the Whole, speak more than
twice upon the same subject, and
then not more than ten minutes at
j any one time."

Ml*. HASCALL. Mr. President. I
move to amend by inserting fifteen
minutes instead of ten.

Mr. STEWART. I accept the
amendment and move that rule forty-
three be suspended so that the resolu-
tion can pass.

Mr. MYERS. Mr. President. I am
certainly in favor of restricting the
time alloted to each gentleman in the
discussion in Committee of the
Whole. I believe it is expedient to
abridge the time. I shall vote for
the proposition with this restriction,
that the chairman of committees be
allowed the same length of time but
to take the floor oftener in explana-
tion of their several propositions. I
am unfortunately in charge of a bill
which is open to much criticism, as
it contains a large number of provis-
ions which are susceptible of amend-
ments, and I would like the opportun-
ity to explain my own views and the
views of the committee without limit
as to the number of times. I there-

LIMITATION ON DEBATE

545

Friday]

GRAY- PHIDPOTT— MOORE

[July 21

fore move to add, "except the chair-
man of the committee who shall be
privileged to speak more than twice."
Mr. GRAY. Mr. President. I de-
sire to offer a substitute for the re-
solution. "That no member be al-
lowed to speak more than once, and
only fifteen minutes on a question
either in Convention or Committee
of the Whole."

Mr. PHILPOTT. Mr. President. I
am opposed to the substitute and the
suspension of the rule, in order that
parties may be enabled to pass either
amendment or substitute. I believe
we ought to have a fair opportunity
to express our opinions. I believe no
gentleman in the Convention will in-
tentionally consume, in a needless
manner, the time of the Convention.
Now it is a parliamentary rule that
in Committee of the Whole persons
shall not be limited to time or a num-
ber of times. Who have been con-
suming the time here? Everyone
must admit that the gentlemen who
have consumed the most time are
persons acknowledged throughout the
State to be men of the greatest abil-
ity, and I know I have been greatly
benefitted by all they have said. In
some cases my opinions have entirely
changed from the sound reasoning of
those gentlemen. If any gentleman
does not want to remain here let him
resign, and his constituents send
somebody who can devote the time.
I speak not for myself but for men
of ability who ought to lead.

Mr. MOORE. Mr. President. If I
remember correctly, we are assem-
bled around the desk and took upon
ourselves a solemn oath to perform
our duties as constitution makers
35

In that oath is embraced this, that
we apply ourselves to the gaining of
such information as shall enable us
to form the best constitution we are
able to. We have two ways to gain
information, one from books in our
library, the other from men of ex-
perience. I can gain a deal of infor-
mation from the speeches made here,
there is but very little repetition from
gentlemen who speak here, they are
men of experience, and we ought to
give them time to express their views.

Call of the House.

Mr. PHILPOTT. Mr. President. I
move a call of the House.

The Secretary called the roll.

Absent on leave, Messrs. Grenell,
Parker, and Tisdel.

Resolutions Again.

Mr. MASON. Mr. President. I rise
to speak of a question which must
necessarily come before this Conven-
tion. For instance, the question of
minority representation to which
some gentlemen have addressed
themselves; and it is a question upon
which I must express myself com-
paratively lengthy. And there are
other questions to which I desire to
listen. It may be true that the gen-
tleman from Dodge (Mr. Gray) and
others, owing to activity of their
brain, can comprehend a question in
fifteen minutes. I sit here some-
times, and am in doubt at the end of
an hour as to what my duty is. I am
opposed to this resolution at this
time. If in the future, it should be-
come absolutely necessary to do it I
shall be in favor of it. We are not
here to make a law which may be re-

54fi

LIMITATION ON DEBATE

Friday 1

STEWART— GRAY— KIBKPATRICK

[July 21

pealed next winter, or modified, or
changed when it shall be found to
work bad in practice. Hence it be-
comes necessarj- to weigh carefully
all words used and the general char-
acter of the proposition, before it is
embodied in the constitution. I be-
lieve there is a time when great haste
is great waste, and I also believe
there is a time when great caution
and slow speed is progress itself.

Mr. STEWART. It is a little pecu-
liar to me that those gentlemen upon
this floor, who make long speeches,
are the poorest informed in relation
to the articles in the constitution. If
I remember right those gentlemen
who oppose this resolution are the
ones who are most up, and then fail
to understand the question. I, for
one., do not propose to sit here and
listen to speeches of this kind. I ad-
mit there are some gentlemen I can
listen to for an hour; but there are
others who make undigested speeches
of an hour's length, and when they
get through we cannot tell what they
have said. I am opposed to this wast-
ing two or three hundred dollars of
the peoples money per day in listen-
ing to long speeches. There is not
a gentleman in this house who could
not make all the remarks he wants to
in thirty minutes. The people of
this state are tired of it and already
beginning to complain. I feel some-
times it might be my duty to express
myself; but I do believe some men
speak for the sake of hearing them-
selves speak, and for my part I am
not going to sit here and be tortured
with their speeches.

Mr. GRAY. Mr. President. It is
with no disposition on my part to

abridge discussion that I favor this
resolution. But, as I have said here-
tofore, gentlemen can express them-
selves intelligibly upon any question
that is likely to arise before this body
in 15 minutes. It seems to me some
gentlemen entertain strange views
upon this subject. I desire to hear
all pertinent discussion on the ques-
tions before this house, but I do not
desire the time to be spent in the de-
livery of buncombe speeches. It is
not consistent with my notions of du-
ty to spend the time of this conven-
tion with tragical displays and such
expressions as "The Pale Horse and
His Rider." and others pertinent to
Knight Errantry. When I desire to
see a play I will go to the Academy
of Music in Omaha and pay my money
for the entertainment, but here I de-
sire to discuss the practical questions
of the day, which interest the people
of the state, and not to listen to idle
declamations. I trust every gentle-
man who is disposed to crowd on the
action of this convention to a conclu-
sion will support the amendment.

Mr. KIRKPATRICK. I am op-
posed, on general principles, to gag
rules, and this is a highly restrictive
rule which applies to limiting dis-
cussion in committee of the whole to
fifteen minutes. It is in committee
of the whole we do our work; where
we complete the article proposed to
be placed in the constitution; and we
must have time to mutually confer
together. Now, I think there are
some gentlemen in this convention
more able to give advice than others.
It is so in all deliberative bodies. For
my part, I desire to do my duty hon-
estly. There are some men who seem

LIMITATION ON DEBATE

547

Fridsy]

STEVENSON-BALLABD— CAMPBELL

[July 21

to intuitively grasp certain proposi-
tions. I heard one gentleman here
say his mind was already made up on
certain questions. Why, that is not
right. I hope there is not another
gentleman who will say so. The rule,
if carried, would not be enforced, for
you will not wish to choke a man
down. We have a rule which prohib-
its smoking. Now that is a democrat-
ic habit. I have seen half a dozen
men smoking here, but I am not in
favor of stopping them.

Mr. STEVENSON. Gentlemen, we
have spent over thirty dollars of the
state's money in the argument of this
question, and for the love of God,
let's us come to the question.

Mr. MASON. In an experience of
some years, I have never known it to
fail that those who make the most
frequent reference to the interests
of the people, are loudest in their
professions of devotion to their inter-
ests, are always talking of the pro-
priety of saving the people's money,
are least devoted to their interests,
and their professions are but the step-
ping stones to the throne of a first-
class demagogue.

Mr. BALLARD. I rise to offer an
amendment — ■

Mr. GRAY. With permission, I de-
sire to withdraw the substitute.

Mr. BALLARD. I was going to
remark that it might happen to me,
at a very unexpected moment, that I
should desire to make a very great
speech on very small things; and in
order to do that I might want more
than fifteen minutes, and I move to
add the words "unless permission be
granted."

Mr. CAMPBELL. Mr. Chairman. I
think it is very desirable that every
member here should have the privi-
lege of handing down his name and
the record of his actions to the un-
born babes of future generations. I
also think that every omnium gather-
um, and every omnium scatterum
should have the privilege of handing
down his name to posterity (Laugh-
ter) and of course they should be al-
lowed to talk as often, and as long
as they wish.

Mr. ESTABROOK. Mr. Chairman.
This sir, is not a' new thing to me.
Perhaps, in the ways of Providence,
I am the only one in this body who has
been in a like body before. In this,
the same subject was handled in the
very same way, and three individuals
in that very able body declared that
they did not want their names handed
down to posterity, so that you will
find, in the debates and proceedings
of that body, which I have at my desk
that when Judge Whiton argued a
question it simply reads "Mr. Whit-
on spoke." Now I ask any lawyer,
or any man capable of being a juror
— I ask the gentleman from Dodge
(Mr. Gray) if he ever argued upon
the question as to what shall be the
exact signification of any particular
passage in the constitution, if these
published debates upon those points
are not of the greatest service to him
in coming to a decision as to the ex-
act meaning intended? Now I un-
flertake to say that the debates of this
body are of the utmost importance
atad value to the inhabitants of this
state. Now, speakers may abuse
these privileges of debate; there are
such things as talking for "bun-

548

LIMITATION ON DEBATE

EST A BROOK— PHILPOTT

IJulylai

combe" — of talking against time.
There are men who have a very high
appreciation of their abilities, and
■who love to hear the sweet sound
of their own voices. But, sir, we
have men in this body who are not
of that character — men of ability and
talent. It has been well said here
that most of those who have spoken
upon importantquestionshave thrown
light upon those matters. Let no
man undertake to say that he was
not enlightened by the able speech
of Judge Mason a few days since.
Why, sir, he swayed and carried with
him almost every man in the house.
In that speech there was not one
word or syllable more than was nec-
essary. I demand that this gag shall
not be placed in the mouths of the
members here. I ask this not only in
the name of my constituents, but in
the name of the people of Nebraska,
who are to be governed by this con-
stitution. Tell me where you are to
go to nulock the mysteries of this con-
stitution? Why, I have found in my
local practice, that I often want to
know what a particular provision
means. In the debates on the Wis-
consin constitution, when I wish to
find what three or four of the ablest
members of that convention had to
say with regard to a certain import-
ant point, I find that Mr. Whiton
spoke and Mr. Judd spoke or Mr.
Beal spoke, but I find no record of
what they said. If you cut off debate
here, I know you will always regret
it. It is an impeachment of the ca-
pacities and motives of every member
here, when you say he don't know
how long to talk. Otoe county sent
our friend Mason here, because he Is

a talker — one of the ablest talkers

in the state. Shall you deprive his
constituency of his ability in that
direction? The only two things per-
haps which will cause much debate is
the question of minority representa-
tion and the right of counties and
municipalities to issue bonds. Here
are men who have made this a study,
do you think they can establish these
principles in fifteen minutes? Do
you think the people sent Judge
Wakeley (who has made a study of
the principles of minority representa-
tion) here to allow of his being gag-
ged upon these questions after he has
spoken fifteen minutes? If any man
here, has business at home which re-
quires his attention, I would advise
him to ask leave of absence until the
end of the session, and I am sure it
will be granted him, gladly. Why
do you pay thirty dollars per day to-
those reporters, if you do not want
debates upon these important ques-
tions. If we are here for the purpose
of gaining that information which
comes from the attrition of mind with
mind, let us derive some benefit from
it.

Mr. PHILPOTT. Mr. Chairman. I
have but a few words to say. I wish
to call the attention of the gen-
tlemen to three points. When we are
in committee of the whole, any mem-
ber can cut off debate by moving to
rise and report progress. When we
are sitting in convention, debate can
be cut off by moving the previous
question. This has been called but
once in this convention, and then
fifteen gent'emen rose. I am oppos-
ed to the >■ reposition. I came here
to do mv luty by my constituents.

LIMITATION ON DEBATE

549

Frida

GRAY— MAXWELL^ WOOLWORTH

and you never will, so help me God,
tie my tongue here. I will be bound
by the ordinary rules which rule
bodies of this kind, but not other-
wise. I am sur^ to be heard, and I
will be heard.

The CHAIRMAN. The question is
upon the motion to suspend the rules,
in order to pass this resolution.

Mr. PHILPOTT. Mr. Chairman. I
call for a division of the question.

Mr. GRAY. Mr. Chairman. It
seems there can be no difficulty about
suspending the rules.

The PRESIDENT. The question
is on the motion to suspend the rules
In order to consider this resolution.

The "ayes" and "nays" were de-
manded. The result was announced
— "Ayes," 25, "nays," 22 — as fol
lows:

AYES.

Abbott,

Manderson,

Campbell

Myers,.

Curtis,

Newsom,

Eaton,

Parchin,

Gibbs,

Reynolds,

Granger,

Scofleld,

Gray,

Speice,

Griggs,

Stevenson,

Hascall,

Stewart,

Hinman,

Thummel,

Ley,

Thomas,

Lyon.

Woolworth. — 25

McCann,

NAYS.

Ballard,

Moore,

Boyd,

Neligh,

Cassell,

Philpott,

Estabrook,

Price,

Kenaston,

Shaff,

Kilburn.

Sprague,

Kirkpatrick,

Towle,

Lake,

Vifquain,

Majors,

Wakeley,

Mason,

Weaver,

Maxwell,

Wilson.— 22.

ABSENT OR NOT VOTING.

Grenell, Tisdel,

Parker, Mr. President. — 5.

Robinson,

So the motion to suspend the rules
was not agreed to.

The PRESIDENT. The question is
on the adoption of the resolution.

Mr. MAXWELL. Mr. President. I
understand that the vote just taken
disposes of the question for today.

The PRESIDENT. The gentleman's
point of order is well taken. The mo-
tion to adopt the resolution is not in
order.

Mr. WOOLWORTH. Mr. Presi-
dent. I hope the convention will go
into the committee of the whole this
morning to consider the report of
the select committee on State Insti-
tutions and Public Buildings.

Mr. NELIGH. Mr. President. 1
move that when we adjourn at noon,
we adjourn until Tuesday next at 2
p. m.

Mr. HINMAN. I hope this motion
will not prevail. An adjournment of
this kind will do them no good. It
appears to me these adjournments
are getting too frequent. We are
squandering the people's money.

Mr McCANN. Mr. President. I
am very anxious to go home as I have
business to attend to; but I do
think there is the greatest injustice
in these adjournments.

The PRESIDENT. The question is
on the motion to adjourn from noon
today until Tuesday at 2 o'clock p.
m.

The motion was not agreed to.

Iieave of Absence.

Mr. WAKELEY. Mr. President. I

550

QUESTION OF ADJOURNMENT

Friday]

BALLARD-ESTABROOK— HINMAN

[July SI

believe the convention will cheerfully
vote a leave of absence to any that
' have to go home.

Mr. McCANN. Mr. President. It
is absolutely necessary for me to go
home to day. I will ask leave until
Monday noon.

Leave granted nem. con.

Mr. STEVENSON. Mr. President.

1 ask leave of absence until Tuesday
at 2 o'clock.

Leave granted nem. con.

Leave of absence was granted to
the following gentlemen until Tues-
day at 2 o'clock p. m.:

Messrs. Majors, Thomas, Esta-
brook, Parchin, Towle, Scofield, Ne-
ligh, Kirkpatrick, Newsom and My-
ers, and to Mr. Speice until Wednes-
day morning.

Mr. BOYD. Mr. President. I
move that when we adjourn tomor-
row noon, it will be until Monday at

2 o'clock.

Mr. BALLARD. Mr. President. I
do hope that motion will not prevail,
but that if we must have an adjourn-
ment, it will be until such time as a
majority of those who have asked
leave of absence shall return.

Mr. ESTABROOK. Mr. President. I
think this proposition an injustice to
those living at a distance, that those
who live within easy range make this
adjournment every week, and leave
others to suck their fingers. My idea
in voting for the original proposition
was to enable those who lived at a
distance to spend Sunday with their
family and get back here by Tuesday.
Another thought, is this lost time,
i.s it time spent in vain? I do not
know how it is with others, but I

think we are submitting this matter
to the people now as far as you have
gone. You come back here with new
and better inspiration. It is not time
lost, but, in my opinion, time gained.
I am at work in my capacity as a
member of the Constitutional conven-
tion every hour that I am at home. I
am at work in the midst of my con-
stituents, they ask me at every corner,
"what are you going to do in regard
to municipal bonds?" and every oth-
er important proposition suggested
here, and the interview indicates
their views upon the subject. Thus
I become better prepared than before.
Mr. HINMAN. Mr. President. I
would like to ask what time 1 have to
confer with my constituents? If I
started today noon, by travelling day
apd night I could get there and
spend a part of Sunday, and have to
leave Sunday night to arrive here
Tuesday noon. My friend from Hall
(Mr. Abbott) is in the same predica-
ment. We have got to travel 365
miles to get home and the same in
returning.

Mr. ESTABROOK. I move to
amend that we adjourn from noon to-
day until Tuesday noon.

Mr. PHILPOTT. I would like to
know before I vote, if there will be a
quorum left after the gentlemen leave
who have been granted leave of ab-
sence? If so I shall vote aye.

Leave of Absence.

Messrs. Weaver, Mason, Boyd, and
Wilson asked for leave of absence un-
til Tuesday noon.

Leave granted nem. con.

The PRESIDENT. The question Is

ADJOUKNMENT

551

Friday]

VIFQUAIN— GRIGGS— GRAY

[July 21

on adjournment until Tuesday noon.

The "ayes" and "nays" were de-
manded.

The Secretary called the roll.

Mr. KIRKPATRICK (when his
name was called). Mr. President. -I
ask to be excused from voting.

Leave not granted.

Mr. WOOLWORTH. (when his
name was called.) Mr. President. I
ask to be excused from voting.

Leave not granted.

The President announced the re-
sult: "yeas," 25, "nays," 23, — as fol-
lows:

YEAS.

Boyd.

Parchin.

Cafsell,

Philpott

Eaton,

Reynolds,

Estabrook,

Robinson,

G bbs.

Scofield,

Griggs,

Shaff,

Hascall,

Spiece,

Kenaston,

Stevenson,

Majors,

Thomas,

Mason,

Towle,

Myers,

Weaver,

Neligh,

Wilson. — 25.

Newsom,

NAYS.

Abbott,

McCann,

Ballard,

Manderson,

Campbell,

Maxwell,

Curtis,

Moore,

Granger,

Price,

Gray,

Sprague,

Hinman,

Stewart

Kilburn,

Thummel,

Kirkpatrick,

Vifquain,

Lake,

Wakeley,

Ley

Wool worth. —

Lyon,

ABSENT

AND NOT VOTING

Grenell,

Tisdel,

Parker,

Mr. President

Leave of Absence.

Mr. STEWART. I would ask leave
of absence until next Tuesday week.

Leave granted.

Mr. HINMAN. I would ask leave,
in case It should be necessary for me
to be absent, until Thursday noon.

Leave granted.

Resolutions Again.

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

The secretary read the resolution
as follows:

Resolved, That the raemb?rs of
this convention, while on leave or
without leave of absence, or during
the adjournment will not be aflowed
pay.

Mr. GRIGGS. While I am in favor
of the main features of that resolu-
tion, I do not think it is fair. There
aVe some who are not able to go
home. They are left here to pay
their board, and as they cannot go
home it is unjust to withhold their
pay. I would vote for a resolution
that all who are absent or on leave
should not receive pay.

Mr. GRAY. I think I can offer an
amendment which will satisfy the
gentleman from Gage (Mr. Griggs.)
I move to amend the resolution by in-
serting, in its proper place "those
who voted for the adjournment."

Mr. STEVENSON. I offer an
amendment to the amendment —
"that those who voted against ad-
journment be not allowed to vote on
this question."

Adjounuuent Again.

Mr. TOWLE. I move to adjourn.

552

ADJOURNMENT

Friday]

TOWLE-VIPQUAIN-WEAVER

[July 21

The ayes and nays were demanded. The PRESIDENT. The motion is
and the secretary proceeded to call :to indefinitely postpone,
the roll. I The ayes and noeS were demanded.

The President announced the re-
sult— yeas, 8, nays, 39, as follows:

Abbott,
Estabrook,

Neligh,
Newsom,

Ballard,

Boyd,

Campbell,

Curtis,

Eaton,

Gibbs,

Granger,

Gray,

Griggs,

Hascall,

Hinman,

Kenaston,

Kilburn

Kirkpatrick,

Lake,

Ley,

Lyon,

McCann,

Majors,

YEAS.

Parcbin,
Scofleld,
Speice,
Towle. — S

NAYS.

Mason,
Manderson,
Maxwell,
f Moore,
Myers,
Philpott,
Price,
Reynolds,
Robinson,
Shaff,
Sprague,
Stewart,
Thummel,
Thomas
Vifquain,
Wakeley,
Weaver,
Wilson,
Woolworth.-

The secretary proceeded to call the
roll.

The President announced the re-
sult: ayes, 19; nays, 29; as follows:

ABSENT AND NOT VOTING.

Grenell, Stevenson,

Parker, Tisdel.

So the motion to adjourn was not
agreed to.

Postponement.

Mr. TOWLE. I move that the fur-
ther consideration of the resolution
be postponed until next Tuesday, at
two o' clock.

Mr. ;VIPQUAIN. I move to make it
eleven o'clock today. It is now fif-
teen minutes to that hour.

Mr. WEAVER. I move to indefi-
nitely postpone the resolution.

Abbott,

Parcbin,

Campbell,

Robinson.

Estabrook,

Scofield,

Gibbs.

Stevenson,

Granger.

Thummel,

Kenaston,

Towle,

Mason,

Wakeley,

Myers,

" Weaver,

Neligh,

Wilson. — 19

Newsom,

NAYS.

Ballard.

Majors,

Boyd,

Manderson,

Cassell,

Maxwell,

Curtis,

Moore.

Eaton,

Philpott,

Gray,

Price,

Griggs.

Revnolds,

Hascall,

Shaff,

Hinman,

Sprague,

Kenaston,

Spiece,

Kirkpatrick,

Stewart,

Lake,

Thomas,

Ley,

Vifquain,

Lyon,

Woolworth.-

McCann,

ABSENT

AND NOT VOTIN

Grenell,

Tisdel.

Parker,

So the motion to indefinitely post-
pone was not agreed to.

Mr. SPIECE. I move to adjourn.

Motion to Re-Consider.

Mr. KENASTON. I move to re-
consider the vote by which the con-
vention decided when it adjourned
today to do so until Tuesday next.

ADJOURNMENT

553

Priaay ]

KENASTON— WOOLWORTH

[July 21

at two o'clock.

Mr. SPIECE. I move to adjourn.

Mr. TOWLE. I call for the origi-
nal amendment.

The PRESIDENT. The motion to
adjourn is in order,

Mr. MAXWELL. I think not. The
gentleman from Cass (Mr. Kirkpat-
rick) has the floor.

Mr. BALLARD. I made a motion
previously.

The PRESIDENT. The question
Is upon the adjournment.

The yeas and nays being demand-
ed, the secretary proceeded to call the
roll.

The President announced the re-
sult— yeas, 23; nays, 25, as follows:

YEAS.

Abbott,

Ballard,

Boyd,

Cassell,

Eaton,

Estabrook,

Gibbs,

Hascall,

Myers,

Neligh,

Newsom,

Campbell,

Curtis,

Granger,

Gray.

Griggs,

Hinman,

Kenaston,

Kilburn.

Kirkpatrick

Lake,

Ley,

Lyon,

McCann,

Parchin,

Reynolds,

Robinson,

Scofield,

Shaft,

Spiece,

Stevenson,

Thomas,

Towle,

Weaver,

Wilson. — 2 3.

Mason,
Manderson,
Maxwell,
Moore,
Philpott,
Price,
Sprague,
Stewart,
Thummel,
Vifquain,
Wakeley,
Woolworth.

So the motion to adjourn was not
agreed to.

Mr. KENASTON. Mr. President. I
move to reconsider the vote for ad-
journment until Tuesday at 2 o'clock.

Mr. WOOLWORTH. Mr. Chair-
man. Is not the motion of the gen-
tleman from Saline (Mr. Vifquain)
before the house?

The CHAIRMAN. Yes sir, but the
motion to re-consider takes prece-
dence, because it can be made but
once upon that day. The question
is upon the motion to re-consider the
vote by which we voted that when
we do adjourn today, we adjourn un-
til Tuesday next, at 2 o'clock.

The ayes and nays being demanded
the secretary proceeded to call the
roll.

The President announced the re-
sult— ayes, 24; nays, 2 5 — as follows:

YEAS.

ABSENT AND NOT VOTING.

Grenell,
Parker,

T sdel,

Mr. President.

Abbott,

Cassell,

Curtis,

Gray„

Hinman,

Kenaston,

Kilburn.

Kirkpatrick,

Lake,

Ley,

Lyon,

McCann,

Ballard,

Boyd,

Campbell,

Eaton,

Estabrook,

Gibbs,

Granger,

Griggs,

Hascall,

Mason,

Myers,

Majors,

Manderson,

Maxwell,

Moore,

Price,

Sprague,

Stewart.

Thummel,

Vifquain,

Wakeley.

Wilson,

Woolworth. -

Neligh,

Newsom,

Parchin.

Philpott,

Reynolds,

Robinson,

ScoflPld.

Shaff,

Spiece,

Stevenson,

Thomas. — 25.

554

ADJOURNMENT— PRAYER

CASSELL— SPRAGUE

Towie, Mr. President. — 25.

Weaver,

ABSENT AND NOT VOTING.

Grenell, Tisdel. — 3.

Parker,

So the motion to reconsider, was
not agreed to.

The PRESIDENT. The question
now is upon the postponement of the
resolution of the gentleman from
Saline (Mr. Vifquain) until Tues-
day next at 2 o'clock.

Mr. CASSELL. Mr. Chairman. I
rise for explanation. There are sev-
eral members here who have asked
leave of absence — I would ask if they
can vote?

The PRESIDENT. (Emphatical-
ly) Yes, sir. This question has been
decided over and over again in the
affirmative — the books are full of it.
The motion is upon the postponement
of the resolution.

The convention divided, and the
motion was agreed to.

Mr. SPRAGUE. Mr. Chairman. I
think the members of the convention
are all satisfied that we can do no
business today, I therefore move that
we adjourn.

The ayes and nays being demanded
the secretary proceeded to call the
roll.

The President announced the re-
sult— ayes, 2S; nays, 20 — as follows:

Robinson,

Stevenson,

Scofield,

Thomas.

Shaff,

Towle.

Sprague,

Weaver,

Spiece.

Wilson. — 28.

NAYS.

Campbell,

Manderson,

Eaton,

Maxwell,

Gray.

Moore.

Hascall.

Philpott,

Kirkpatrick,

Price.

Lake,

Stewart,

Ley,

Thunimel,

Lyon.

Vifquain,

McCann,

Wakeley,

Mason,

Woolworth. — 20

ABSENT

AND NOT VOTING.

Grenell,

Tisdel,

Parker,

Mr. President.

AYES.

Abbott,

Ballard,

Boyd,

Cassell,

Curt'S,

Estabrook,

Gibbs.

Granger.

Griggs,

Hinman,
Kenaston,
Kilburn,
Majors,
Myers,
Nelign.
Newsom,
Parch in.
Reynolds,

So theconvention.(at eleveno'clock
and seventeen minutes) adjourned.

TWENTY-SIXTH DAY.

Tuesday, July 25, 1S71.

The Convention met at 2 o'clock
p. m., and was called to order by the
president.

Prayer.

Prayer was offered by the chaplain
of the convention. Rev. L. B. Fifield,
as follows:

O Lord, our God. with confession
of sin and with prayer for pardon,
nay we honor thy law, thy goodness
and thy great love. May it please
Thee to give wisdom to all who are in
high places; to all who are builders
of state; to all who are makers of
law: and give to all people liberty
everywhere. Amen.

Leave of Absence.

Mr. LEY. Mr. President. I ask
leave of absence for Mr. Philpott and
Mr. Robinson until tomorrow morn-
ing and for Mr, Price until tomorrow

PETITIONS— TAXATION— TEMPERANCE

555

Tuesday]

BALLARD— McC ANN

[July 85

at two o'clock.

Leave granted. XEM. CON.

Mr. WEAVER. Mr. President. I
ask leave of absence for Mr. Parchin
and Mr. Towle until tomorrow noon.

Leave granted. NEM. CON.
Reading of the Journal.

The journal of the last day was
read and approved.

Petitions.

Mr. BALLARD. Mr. President. I
have a petition from several citizens
of Washington county, which I wish
read and referred to committee No.
12 (State, County and Municipal In-
debtedness).

The Secretary read the petition as
follows:

To the Hon. S. A. Strickland, Pres.
of the Constitutional Convention of
the state of Nebraska.

We, your petitioners would re-
spectfully request your Honorable
body to insert such a clause in the
constitution as shall in your judg-
ment prevent the taxing of counties,
cities, towns and precincts for the
benefit of railroads or other incorpo-
rated monopolies.

Signed by Joseph Thompson and
fifty-nine others.

Referred to the committee on
State, County and Municipal Indebt-
edness.

Mr. McCANN. Mr. President. I
•wish to present a petition from the
Grand Lodge of the Sons of Temper-
ance of the State and ask that it be
referred to the special committee of
■which Mr. Philpott is chairman.

The Secretary read the petition as
follows:

To the Honorable, the President
I and members of the Constitutional
j convention of Nebraska.
I Gentlemen: — The undersigned,
jyour petitioners would respectfully
[represent that we are the officers of
j the Grand Division of the Sons of
Temperance of Nebraska represent-
j ing as we do hundreds of among the
, most respectable citizens of the state,
and feel confident we reflect the senti-
ments of the majority of the members
of our subordinate divisions when we
respectfully, vet earnestly, pray that
your honorable body will insert a
clause in our constitution so that it
willrequire a majorityof ihequalified
voters in any precinct or ward in this
state, before persons are permitted to
vend intoxicating liquors to be used
as a beverage in such precinct or
ward. After mature deliberation we
are of the opinion that it would be
better to have it referred to the pre-
cincts or wards instead of counties.
Our prayer being for carrying out a
cardinal principle in our form of gov-
ernment, that the majority should
rule, we trust it will receive the fa-
vorable consideration of your honor-
able body.

THOMAS GIBSON,

Grand Worthy Patriarch.
JOHN GRAY,

Grand Worthy Associate.
M. T. ANDERSON,

urand ScrlDe.
W. N. McCANDLISH,
[SEAL] Grand Treasurer.

JOHN BYERS,

Grand Chaplain.
JOHN SHILL,

Grand Conductor.
JAS. C. MAILER,

Grand Sentinel.
Hall of North Omaha Division No. 5,
Sons of Temperance.

Omaha. July 18, 1871.
At a regular meeting of North
Omaha Division No. 5. Sons of Tem-
perance held the date above mention-
ed on motion the above petition of

656

WOMAN SUFFRAGE— RAILROAD BONDS

Tuesday ]

ESTABROOK— MOORE

[July 25

our Grand Officers was unanimously
approved.

WILLIAM TURTLE,

Worthy Partriarch.
GERRIT VANDENBURG,
Recording Secretary.
Hall of Union Division No. 1, Sons
of Temperance.

Omaha, Neb., July 19, 1871.
This is to certify that at a regular
meeting of Union Division No. 1, Sons
of Temperance, held .Tuly 19, 187 1,
on motion the above petition of our
Grand Officers was unanimously ap-
proved.

DAVID ROBINSON,

Worthy Patriarch.
H. W. BELLOWS,

Recording Scribe.
Referred to the special committee
on temperance.

Mr. ESTABROOK. Mr. President.
I have a petition.

The petition was read by the sec-
retary as follows:

To the Constitutional Convention
of Nebraska.

The undersigned citizens of Oma-
ha, Nebraska, respectfully ask that
the right of suffrage be conferred
upon women upon the same condi-
tions and to the same extent as upon
men.

Signed by Mrs. J. W. Pickard and
thirteen others.

Mr. ESTABROOK. I move the pe-
tition be referred to the committee
on rights of Suffrage.

The motion was agreed to.

Mr. ESTABROOK. I have two
other petitions.

The Secretary read the petitions
as follows:

To the Constitutional Convention.

The undersigned citizens of Oma-
ha. Nebraska, respectfully ask that
the rights of suffrage be conferred up-

on women upon the same conditions
and to the same extent as upon men.

Dated June, 1S71.

Signed Mrs. H. A. Davis and twen-
ty-one others.

To the Constitutional Convention
of Nebraska.

The undersigned citizens of Omaha
ha, Nebraska, respectfully ask that
the right of suffrage be conferred
upon women upon the same condi-
tions, and to the same extent as up-
on men.

Dated June, 1871.

Signed by Mrs. D. C. Sutpher and
SO others.

Mr. ESTABROOK. Mr. President.
I move the reference of the petitions
to the Committee on Rights of Suff-
age.

The motion was agreed to.

Mr. MOORE. Mr. President. I
have a petition.

To the Honorable, the State Con-
vention, Lincoln, Nebraska.

We the undersigned citizens of the
county of York, believing the people
of the respective counties to be the
best judges of their own wants re-
spectfully petition your honorable
body to leave them free to exercise
their own pleasure in voting for or
rejecting propositions to grant bonds
to railroad companies.

Signed by J. R. Gilmore and 42
others.

Mr. MOORE. I move its reference
I to the Committee on State, County
and Municipal Indebtedness.
j The motion was agreed to.

j Committee of the Whole.

! Mr. MYERS. Mr. President. I
I move that the convention resolve
itself into Committee of the Whole
for the purpose of considering the re-
port of the Legislative Committee.
1 The motion was agreed to, so the

ENACTMENT OF LAWS

S57

Tuesday]

MYERS— WOOIiWORTH—HASCALL

[July 25

Convention resolved itself into Com-
mittee of the Whole, Mr. Scofield in
in the chair.

The CHAIRMAN. The Commit-
mittee now has before it section one
of the article entitled Legislative.
An amendment has been proposed by
the gentleman from Douglas (Mr.
Hascall) to strike out the word
"county," in fifth line, and insert
"representative district." An amend-
ment has also been offered by the
gentleman from Otoe (Mr. Mason)
to strike out the words "citizens of
each county respectively" in fourth
and fifth lines, and insert the words
"electors of the state."

Mr. MYERS. Mr. Chairman. I
would ask the gentleman from Otoe
to withdraw his amendment in order
that I mayoffer an amendment which
will reach the whole subject, and be
In accordance with the understanding
of the committee.

Mr. MASON. Mr. Chairman. With
the consent of my second I withdraw
the amendment.

Mr. MYERS. Mr. Chairman. I
move that the word "representatives"
In the second line be stricken out.

The motion was agreed to.

Mr. WOOLWORTH. Mr. Chair-
man. I move that the word "the"
In the first line be stricken out and
"a." inserted.

The motion was agreed to.

Mr. WOOLWORTH. Mr. Chair-
man. I move the adoption of the
section as amended.

The motion was agreed to.
The Chairman read the next sec-
tion as follows:

Sec. 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 up-
on the final passage shall be taken
immediately upon its last reading,
and the yeas and nays entered upon
the journal.

No 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.

Mr. MYERS. Mr. Chairman. I
move to strike out in seventh line
the words "which may be passed by
the legislature" and in eighth line
the words "plainly and clearly." The
committee have had this matter un-
der consideration, since it has been
before the Committee of the Whole,
and I make this amendment at the
suggestion of the committee. They
do not think it advisable to draw
the entire bill, as we could not agree
upon many of the suggestions pre-
sented. I however, am perfectly
content to let one of those words re-
main. I would prefer "clearly." And
I modify my amendment to "shall be
expressed clearly in the title."

Mr. HASCALL. In the provisions
of the New York constitution on the
subject, commencing at the seventh
line of the article as reported it would
be better in my judgment to read this
way: "No law shall embrace more
than one subject which shall be
named in the title; but if the title
contain only one subject the law shall
be valid as to that, and void as to all
other subjects." I think that is a

558

TITLES AND AMENDMENTS

Tuesday]

HASCALI/-MYERS— WAKELEY

[July !5

better expression than the one used
here; and I therefore move to amend
it by inserting the words I have read,
in the place of those reported in the
Dill.

Mr. WOOLWORTH. I would like
the word "clearly" myself, but I am
not very tenacious about it.

Mr. HASCALL. At the suggestion
of the chairman of the committee,
and as there is no provision contained
in the report that is contained in the
latter part of the section, I will add
what follows, so that it will read:

"No law shall embrace more than
one subject which shall be named in
the title: but if the title contain only
one subject, the law shall be valid
as to that, and void as to all other
subjects. No law shall be revised,
altered or amended by reference to its
title only, but the act revised or the
section or sections thereof, as altered
or amended, shall be re-enacted and
published at length."

Mr. WOOLWORTH. Does the gen-
tleman propose to offer that as a
separate section?

Mr. HASCALL. I am not particu-
lar. By striking out all that relates
to it in the second section and adopt-
ing an additional section which gov-
erns the case.

Mr. MYERS. That will be satis-
factory to me.

The CHAIRMAN. Will the gentle-
man from Douglas state his motion
again?

Mr. HASCALL. That all after the
word "no," in the seventh line be
stricken out, and the amendment sent
up by me be adopted as a separate
section.

The amendment was agreed to.

Mr. WAKELEY. Mr. Chairman. I

move to add after the word "Journal"
in the sixth line, the following: "only
one bill shall be put upon its passage
at the same time."

Mr. MYERS. Mr. Chairman. I
would like to know the object of this
amendment. I do not know how two
bills could be passed at one time,
unless they were embraced in the
same bill, and then they would still
constitute the same bill.

Mr. WAKELEY. Mr. Chairman.
I will admit that, without reflection,
such an amendment would seem un-
necessary. But when the gentleman
says he would like to know how two
bills could be passed at one time, I
answer him as General Estabrook
answered some one the other day,
I think it was Gen. Manderson, that
someone didn't see how the justice of
the peace could try a slander suit,
but he did try it. Now, sir, it is a
fact in legislation, that in some States
of this Union, an entire batch of bills
have been put on their passage at
once. I know, that it has been done.
1 do not know but it is fair to presume
a legislature would never do that.
But I merely desire to call attention
to it, I have heard of it being done
in Wisconsin and also in Illinois.

Mr. MYERS. Mr. Chairman. There
is another clause in this bill which
requires that "each bill pending in
the legislature shall be read on sepa-
rate days." I am not aware of leg-
islatures passing bills by omnibus
loads. I do not see how it can be
practiced if the ordinary rules which
govern parliamentary bodies are en-
forced in those bodies. I have not.

MODE OF PASSING BILLS

559

Tuesday]

S TRICKL A NO— ES T A BROOK

[July 85

in all my existence, it may be limited,
known of a legislature passing more
than one at a time. They have, in
some states, a private calendar, where
bills are read in the forenoon at
length, and in the afternoon simply
the title, and the clerk reads the ti-
tle of each bill, which has been read
in the forenoon, and then those bills
are passed on their title. I have
known of eighty bills passing in a
single afternoon; but they were pri-
vate bills; no public bills could pass
on that calendar. It was done to fa-
cilitate business. Those private bills
were simply enabling acts — remedial
acts, and bills of that kind, incident
to Pennsylvania. I do not see the
necessity of adopting the amendment
of my colleague.

Mr. STRICKLAND. I would have
to enquire how that could be done.
It would be putting two proper ques-
tions to a legislative hodv at the
same time. I cannot see what could
be done, unless he explains it to me.
It might be in diiferent stages. It is
unnecessary to say you could not
pass a bill one moment and another
the next.

Mr. ESTABROOK. I was in hopes
to get a little light on the subject
from the honorable president, be-
cause if I am not mistaken, sir, about
the time he used to figure conspicu-
ously in the legislative matters of the
state, just that thing he says cannot
be done' was "did." And I have
known it to be done. Here is a
pigeon hole full of bills; the clerk
hands them up, they are read by their
title, and then put on their passage,
or whatever stage of progress is in
order, and the whole omnibus load

put on their passage. That was done
in the early days of this territory,
and in view of that style of procedure
which has come under my own obser-
vation, and the fact that it may be
done, as it is only a word, to add,
as a preventative, it seems to me the.
amendment ought to prevail.

Mr. STRICKLAND. Mr. President.
I have had the honor of being con-
nected with several legislative bodies
and never heard of the like in my life
in any body where I was sitting, I
don't see how it could occur. It is
an unheard of thing to me. It seems
to me no legislature that ever sat
would allow two or three matters to
come up at one time to be put
through and ground through the hop-
per like wheat. The books are full
of this; that things are often done,
in legislative bodies, by common con-
I sent. It is true that hundreds of bills
are passed by legislatures, in closing
up a session^ and by congress also,
without the ayes and nays being
taken, but are passed by common
consent — no objection being had. It
is done in order to dispatch business.
It is necessary that when consider-
ing propositions when no one objects,
they go through at once. If my two
friends on the other side of the house
can cite me a single instance where
a legislative body has passed two
bills at the same time or would dare
to pick up two subject matters at the
same time, I would like to have
them do it. Suppose the legislature
were considering two bills; one is
for the relief of John Smith, who may
have rendered the state some service,
and the other is a bill for an appro-
priation, how could both be put upon

560

MODE OF PASSING BILLS

L A ICE— ES T ABROOK— M A X W ELL

IJuly 2.i

their passage at once? I don't know
but it is possible for such an anomaly
to exist, but I certainly never heard
of two bills or two matters being
passed upon at the same time by a
deliberative body. It would be as
great an anomaly as two heads to be
growing from the shoulders of my
friend from Johnson (Mr. Wilson.)

Mr. LAKE. Mr. Chairman. It
seems to me that the section as it
now stands, renders the amendment
unnecessary. It seems to me it is
hardly possible that laws, or bills
should meet with the unanimous con-
sent of the whole legislature accord-
ing to this, the ayes and nays must be
called after the reading of the bill.
It would hardly be possible for all the
members to agree. It would result,
necessarily, in a division of the
question. I think that the section as
it now stands is a sufficient protec-
tion against procedure which it is
proposed to guard against in this
amendment.

Mr. MYERS. Mr. Chairman. I
would like to call the attention of
the members of the convention to the
first part of Sec. 29, it reads as fol-
lows: "Each bill and concurrent
resolution shall be read at large in
three different days in each house."
No one can introduce two bills in a
legislative body at once.

Mr. ESTABROOK. Mr. Chairman.
I can prove that it can be done, and
has been done in our Territory. In
order to ridicule a proposition which
was being passed a Mr. Goodwin in-
troduced a bill in which he was giv-
en a charter to establish ferries and
^ridges at all points along the Elk-

horn river where they were not al-
ready established, and the bill was
passed. So that today Mr. Goodwin
and his heirs have a charter to locate
ferries or bridges at all points along
this stream where they are not al-
ready established.

Mr. MAXWELL. Mr. Chairman.
It does seem to me that such a state
of facts as that referred to by the
gentleman from Douglas, (Mr. Esta-
brook) cannot occur. In this pro-
vision the ayes and nays must be
called, so that it is impossible to
pass two bills at once. In the laws of
our Territory, there was no provision
of that kind. The ayes and nays were
not required unless some member
called for them. It seems to me the
provision of my friend from Douglas
is like adding a fifth wheel to a wag-
on.

Mr. LAKE. Mr. Chairman. I
would like to have my colleague ex-
plain to this convention how the dif-
ficulty could occur under this section?
The section provides that the ques-
tion upon the passage of a bill shall
be had immediately upon its last
reading. Now with a constitutional
provision of that kind could the sen-
ate or house of representatives take
up and read another bill? Here Is
a safeguard which is ample, and It
provides that no bill should be passed
without the assent of a majority of
all the members. I am In favor of
throwing the safeguards that are nec-
essary around the action of the legis-
lature, but I am opposed to useless
amendments.

Mr. WAKELEY. Mr. Chairman.
I do not desire to take up any fur-

LEGISLATIVE APPORTIONMENT

561

Tuesday]

WAKELEY-STRICKLAND— MAX WELL

[July S5

ther time in explaining the object of
my amendment. I do certainly admit
that under this section it will allow
more than one hill to be put upon its
passage at one time. I have no sort
of concern about what is done with the
amendment; but in as much as the
gentleman on the floor have slated
til at such iiiiiicliii-f' cniild[r.(ii](iccur. I
will state for myself that I have seen
In a state, not having perhaps the leg-
islative rule that we have, a large
batch of bills read by their titles and
the speaker would rise in his place
and holding up the bills and saying
"these bills having been severally
read by their titles and put upon their
passage the question is upon their
adoption" and the vote is taken.

Mr. LAKE. Was that in a state
■where the "ayes" and "nays" shall
be taken?

Mr. WAKELEY. No sir, it was not,
and I don't see that there would be
any diflBculty of taking the "ayes"
and "nays" in the same way.

Mr. LAKE. I would like to ask
the gentleman how he would get over
the words in this section "immediate-
ly after the reading of the bill."

Mr. WAKELEY. I don't know as
it is likely under that to occur; but I
think this would be a safe provision
to put in and it would do no harm.

The CHAIRMAN. The question is
on the amendment offered by the
gentleman from Douglas (Mr. Wake-
ley.

The amendment was not agreed to.

Mr. STRICKLAND. I move the
adoption of the section.

The section was adopted.
36

The Chairman read the next sec-
tion as follows;

See. 3. An enumeration of the
inhabitants of the state shall be ta-
ken under the direction of the legis-
lature in the year one thousand eight
hundred and seventy-five, and at the
end of every ten years thereafter, and
the districts shall be altered by the
legslature at the first session after
the return of every enumeration so
that each senatorial district shall con-
tain, as nearly as may be, an equal
number of inhabitants, excluding
aliens and Indians not taxed, and
shall remain unaltered until the re-
turn of another enumeration, and
shall at all times consist of conti-
guous territory, and no county shall
be divided in the formation of a sen-
ate district.

Mr. MAXWELL. Mr. Chairman. I
move to strike out all of the section
after the word "thereafter" in the
third line, and inserting in lieu there-
of the following:

"And at their first session after
such enumeration, and also after
each enumeration made by the au-
thority of the United States, the leg-
islature shall apportion and district
anew the members of the senate and
house of representatives, according
to the number of inhabitants, ex:clud-
Ing Indians not taxed, and soldiers

562

GKAY'S APPORTIONMENT PLAN

Tuesday]

lJuU»

and officers of the United States ar-
my and navy."

Mr. GRAY. Mr. Chairman. I have
drawn a substitute for the entire sec-
tion which I will read.

At the first session of the legisla-
ture after the adoption of this consti-
tution and every two years there-
after the legislature shall apportion
legislative representation by the fol-
lowing rule, to-wit:

As a general rule each organized
county shall be a representative
district, in which one or more repre-
sentatives shall be elected.

The maximum number of inhabi-
tants, for a member of the house of
representatives shall be ascertained
hy dividing the whole number of in-
habitants in the state by the whole
number of members of the house of
representativesand the quotient shall
be the maximum; each county having
one-halt or more of the maximum
number of inhabitants, ascertained
as aforesaid, shall have one represen-
tative, each county shall have one
representative for the maximum num-
ber of inhabitants and one represen-
tative for an excess of one-half or
more of the maximum number.

Those counties having less than one
half of the maximum number shall
be included in representative dis-
tricts, to consist of two or more coun-
ties of about equal number of in-
habitants and of contiguous territory
and such districts shall have one rep-
resentative.

The maximum number of inhabi-
tants for senatorial representation
shall be ascertained by dividing the
whole number of inhabitants in the
state by the whole number of mem-
bers of the senate and the quotient
shall be the maximum for senatorial
I'epresentation.

Each county having one-half or
more of such maximum shall have
one senator, each county shall have
one senator for such maximum num-
ber and one for an excess of one-half

Or more of such maximum.

Those counties not having one-
half of such maximum shall be in-
cluded in senatorial districts, to con-
sst of two or more counties of about
an equal number of inhabitants and
of contiguous territory and such dis-
trict shall have one senator.

There shall be no float districts
nor shall counties be included in dis-
tricts for either representative or
senatorial representation of a dis-
proportional number of inhabitants.

When no enumeration of the in-
habitants of the state shall have been
taken by an actual census within
one year and a half previous to any
apportionment, as hereinafter pro-
vided then the number of inhabitants
shall be ascertained by allowing five
inhabitants for each vote cast at the
last election for members of the
house of representatives just preced-
ing the apportionment.

The number of representatives and
of senators shall be fixed by the leg-
islature at the time of each appor-
tionment.

I move the adoption of the substi-
tute.

Mr. GRAY. Mr. Chairman. It is
proper that I should explain the sub-
stitute. One of the leading objects
I had in view in drafting it was to
find some way to avoid the present
and past inconvenience growing out
of our peculiar way of making legis-
lative apportionments. For instance,
it has been quite common within the
last few years in this state, for the
legislature in making an apportion-
ment of legislative representatives to
create its districts, both repre-
sentative and senatorial, so that
one county with a very large popula-
tion, almost enough for a represen-
tative would be Included in a dis-
trict with a very small county, having

GRAY'S APPORTIONMENT PLAN

563

Tuesday]

(July 35

perhaps less than one-fourth the num-
ber of inhabitants. The result of
such an apportionment has been, has
shown that the county with the less-
er proportion of inhabitants gets no
actual representation. It has been
quite common to create what has here
been known and denominated as
float districts. For instance, talie
the float district which includes
Douglas county with three or four
smaller counties. Perhaps the ex-
cess that entitles Douglas county to a
portion of that float district may be
less tor Douglas than in smaller
counties, yet it has the power to take
and hold the representative, and by
this rule the representative from that
float district is in fact a representa-
tive of Douglas county, and not of
any other of the counties. It is the
same with the other districts, if you
place a large county with a small one
in one district, it enables 'the larger
county to have the representative,
and the smaller county gets no repre-
sentation at all. The trouble is that
such representation as we had here-
tofore Is not impartial but very par-
tial, and the benefits, if benefits they
be, are given to the stronger counties,
while the weaker ones are left with-
out representation. It seems to me
that as an act of justice we ought to
find some rule by which to make the
legislative apportionments in this
state, so that those weaker counties
would have some kind of representa-
tion. Go out to the west of the state
where counties on an average have
an average of a hundred voters, per-
haps less, and all have about an
equal number of inhabitants, put
them together into a representative

district, each county will have an
equal voice in that district, and have
as near a fair representation as It is
possible to give them. I suppose it
would be utterly impossible to give
an exactly even representation, but
we can certainly get nearer to it than
we have heretofore. That was the
object I had in view in drawing the
substitute. The proposition contain-
ed in the substitute is to take the
whole number of inhabitants in the
state, then ascertain the number of
representatives for that given time,
which will have to be fixed either
directly by the constitution or by the
legislature. Take that county which
has one, two or three thousand, it
will have one representative, twice
that number two representatives.
Take the counties with less than one-
half, group them together in a dis-
trict and give that district one mem-
ber, and the same rule with reference
to senatorial districts. By the ar-
rangement there would be some coun-
ties that will have more than one
senator, some more than one repre-
sentative, but so far as I am able to
judge, it will not be a very popular
■ theory to undertake to divide the
counties. I do not believe there is
anybody in my county who would like
to have it divided into separate dis-
tricts. I may say Mr. Chairman,
that I have drafted the section some-
what hastily and it may be its verbi-
age is defective, it may be that the
apportionments provided for in the
substitute come oftener than is pro-
per or necessary. I am willing it
should be changed to suit members,
but I want to see every part of the
state fairly and justly represented

564

LAKE OPPOSES GRAY'S PLAN

Tuesday]

ABBOTT— LAKE

(July 25

in all legislative bodies hereafter.

Mr. ABBOTT. Mr. Chairman. I
move to strike out the entire section.
I do not think this committee of the
Whole have anything to do with it
until after the Committee on Appor-
tionment report and the question of
minority representation is decided. It
will find its appropriate place in the
legislative article when it comes into
the hands of the Committee on Revis-
ion and Adjustment.

Mr. LAKE. Mr. Chairman. I can
say for one I am opposed to the sub-
stitute offered by the gentleman from
Dodge (Mr. Gray). In the first place
I think it is altogether too lengthy,
secondly, it is better to leave this
matter of the apportionment entire-
ly to the legislature. If we should
lay down a rule which should be
found to be oppressive, and not to
work well, it must be adhered to until
there could be an amendment to the
constitution. I have no doubt the
committee on legislation will adopt a
just rule of apportionment, and
such a rule as will operate favorably
to all portions of the state alike. We
may, perhaps, lay down some general
rule as is provided in the section as
it came from the committee, that the
representative and senatorial dis-
tricts shall be composed of con-
iguous territory, that counties shall
not be divided in the forma-
tion of those districts, and that they
shall contain, as nearly as possible
an equal number of inhabitants. A
general rule of that kind, is a suffici-
ent safeguard. In my opinion. That
Is the same provision, substantially
although, perhaps, not so fully as in
our old constitution. I think the

provision we find in the report of the

committee better than the amend-
ment of the gentleman from Cass.
I prefer either the one from the
hands of the committee or that of-
fered by the gentleman from Cass, to
the one which has been offered as a
substitute by the gentleman from
Dodge (Mr. Gray.) I am opposed to
laying down any rule which shall be
binding on the legislature in this re-
gard. I do not see that the substi-
tute offered by the gentleman from
Dodge obviates one of the difficulties
he has spoken of — that is the union
of several counties into one district,
in what has heretofore been termed
a float district. His substitute pro-
vides that those which have a frac-
tion less than one-half shall be
grouped together in several districts,
after they have their apportionment,
by giving them the whole- number
they are entitled to individually, to
be grouped together for the purpose
of giving a certain number of them a
representative.

Mr. GRAY. If you will read care-
fully the substitute you will see that
no such thing is attempted to be
done. It is only those counties that
have actually less than a maximum
that can be included in a district
with others.

Mr. LAKE. I may have misunder-
stood the section, and that Is
one objection — it is so lengthy.
If I misunderstood that provision of
the gentleman's amendment, of
course I have nothing to say in re-
spect to that. As far as float dis-
tricts are concerned, judging from the
past in this state, they have not work-
ed disadvantageously to those coun-

LEGISLATIVE APPORnONMENT

565

Tuesday]

LAKE-GRAY

[July 25

ties having the least number of in-
habitants. I think gentlemen who
liave been members of legislative
bodies in this state, not only since we
have been a state but during our ter-
ritorial existence, upon examination,
will find, in a majority of cases, that
a float has been given one of the out-
side counties. I recollect that has
been the case with respect to Lancas-
ter county. For several years the
float which was given to Cass. Cass
being the most populous county, con-
ceded the float to some other county.
I recollect that Mr. Cadman repre-
sented the float district one or more
times in the territorial legislature,
and, perhaps, in the state legislature;
and I recollect, in the majority of
instances, that the float has been giv-
en to one of the weaker counties. We
find that has been the case last win-
ter. So that, judging from the past,
the way it has been operated under
our former constitution, there is no
great hardship in leaving it to the
legislature. At any rate, I am in fa-
vor of leaving to the legislature
the fixing of any rule which
shall be satisfactory. No legislature
will do wrong to any one of the coun-
ties of the state. Now, what is pro-
vided in this section which came from
the committee. "An enumeration of
the inhabitants of the state shall be
taken in 1S75." That fixes a rule
which shall be a basis for the legis-
lature to form these districts upon
once in five years, we having an enu-
meration by the state authorities in
187 5 and every ten years thereafter.
and in 18'80 and thereafter an enu-
meration by the U. S. authorities.
And it goes on further to provide

that "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, exclud-
ing aliens and Indians not taxed, and
shall remain unaltered until the re-
turn of another enumeration, and
shall , at all times, consist of conti-
guous territory, and no county shall
be divided in the formation of a sen-
ate district."

I am not altogether certain but I
should prefer that the substance of
this section, and, perhaps, of the
next clause of the section should be
couched in somewhat different lan-
guage: but that the substance of this
section should remain as it is — that
all the restraint that shall be put
upon the legislature should be that
which is contained in this section;
that they should make the enumera-
tion once in five years, and that the
districts should be of contiguous ter-
ritory and have the population as
nearly equal as possible.

Mr. STEWART. Mr. Chairman —

Mr. ABBOTT. I insist on my mo-
tion. I think it has precedence.

Mr. STRICKLAND. I understand
the motion to be to strike out this
section.

Mr. GRAY. I desire to say that my
motion was not only to strike out
the section, but to substitute. There
is another motion to strike out that
can take precedence to my motion.
I am willing the question should be
divided.

Mr. ABBOTT. Then I move a di-
vision of the question.

566

"FLOAT" DISTRICTS

Tuesday]

STEWART— BALLARD

[July 25

Mr. STEWART. I was going to
say a few words in reply to Judge
Lake in regard to float representa-
tion. He seems to thinlc it lias not
worlied any liardships in this state.
I wish to refer him to one Instance
why I do not wish this left to the leg-
islature. In my own district the sen-
atorial district is composed of Otoe,
Johnson and Pawnee. The popula-
tion of Otoe is 12,345, leaving an
excess of 2,880. This excess is placed
to Pawnee and Johnson counties.
Pawnee has 4,180 and Jolinson 3,-
426, making a total of 7,006, giving
virtually, two senators to a popula-
tion of 12,000. That is one reason
I am opposed to leaving this to the
legislature. I shall stand here, if
need be, for the next six months, be-
fore I will submit to anything being
adopted which will permit the legis-
lature to make this unjust apportion-
ment.

Mr. BALLARD. I do not know,
sir, that I am altogether in favor of
Mr. Gray's substitute, but I certainly
am in favor of the spirit and intent
of it, as I understand him. I am op-
posed to the word "float," with all
its meaning in reference to senators
and representatives. I know, sir,
injustice has been done to some peo-
ple in the state of Nebraska. In the
first place I am opposed because my
constituency is, in the second place,
because of the injustice I know has
been done. I wish the liounds of the
legislature to be fixed in this consti-
tution as far as districts are con-
cerned. I am willing to go further
than Mr. Gray. I am willing to have
Washington county divided if it be-
comes necessary rather than have a

float. How has it been? When it
was ascertained by the people of
Washington county last fall that
Washington, Douglas and Dodge,
and other counties, had a float, they
said, Douglas would get it; they were
certain she would get it. We are
well satisfied with the gentleman who
represents us. but we knew nothing
about him then. I say maKe small
representative districts, and let the
people come together and elect those
whom they want to serve them. In
smaller districts, the people are bet-
ter acquainted with the men who rep-
resent them.

The CHAIRMAN. The question Is
upon the motion to strike out section
Three.

The motion agreed to.

Mr. HASCALL. Mr. Chairman.
The gentleman from Washington
(Mr. Ballard) says he is in favor of
small representative districts. Now
the substitute offered by the gentle-
men from Dodge (Mr. Gray) does not
provide for that. I believe, it makes
counties, districts, I am in favor of
doing away with float districts, but
I don't think the substitute accom-
plishes that end.

Mr. GRAY. Mr. Chairman. This
substitute proposes to do away with
float representatives. The substi-
stitute does not propose to divide
counties. It does propose to make
districts out of counties when it can
be done. It does not propose to in-
clude in one district any two coun-
ties where one of tljese counties is
large enough to be entitled to a rep-
resentative. Take the county of
Washington, for instance, it would

MAXWELL'S PLAN

567

Tuesday]

STRICKLAND— MAXWELL— NEWSOM

[July 25

make a district of itself. It is impos-
sible for the legislature to include
Washington county with any other
county under this substitute.

Mr STRICKLAND. Mr. Chair-
man. It is necessary something
should be inserted in the place of the
section we have just voted to strike
out. I apprehend the necessity of
empower:ng the legislature to make
these apportionments, will be seen.
I have no proposition to offer, but
merely call the attention of the mem-
bers to this point.

Mr. MAXWELL. Mr. Chairman. I
am in favor of anything which does
away with float districts. It might
be questioned, however, whether
this be the place to provide for the
districts. I think it is not. I think
some other section should be insert-
ed afterwards, in the constitution,
as to the character of the districts.
Now, Mr. Chairman, in order to bring
the matter before the convention, I
move to insert this in the place of
section 3.

"The legislature shall provide by
law for an enumeration of the inhabi-
tants of the state in the year one
thousand eight hundred and seventy-
five, and at the end of every ten
years thereafter: and at their first
session ?.ftpr such enumeration, and
also after each enumeration made by*
the authority of the United States,
the legislature shall apportion and
district anew the members of the
Senate and House of Representatives,
according to the number of inhabi-
tants, excluding Indians not taxed,
and soldiers and officers of the United
States army and navy."

Mr. GRAY. Mr. Chairman. I will
have to call the gentleman to order.
The question before the house is the

striking out of this section and the
adoption of the substitute offered by
myself. The question was divided
and the motion put to strike out Sec-
tion 3. It seems to me nothing more
can be done until the balance of the
question is put. I insist that the bal-
ance of the question should be put.

The CHAIRMAN. The question
is upon the adoption of the substi-
tute.

Mr. NEWSOM. Mr. Chairman.
The substitute offered by the gentle-
men from Dodge (Mr. Gray) is a
complicated thing. I don't understand
it, nor do I believe any gentleman
here understands it, but the gentle-
man from Dodge. I would like to
have it printed, and have it in shape,
so that I can understand it. To obvi-
ate this difficulty the substitute may
be referred to the committee on ap-
portionment. It may then be printed
so that members could act upon it
advisedly. We are now engrafting
upon this constitution a provision to
stand.

Mr. ESTABROOK. Mr. Chairman.
I move that the subject be referred
back to the house, with a recommen-
dation it be referred to the commit-
tee on legislative apportionment.

Mr. GRAY. Mr. Chairman. I
would like to inquire whether any
motion, or debate is in order until
this question is voted upon.

The CHAIRMAN. The motion to
strike out — •

Mr, ESTABROOK. Mr. Chairman.
I did not move that the committee
rise, but that this substitute be report-
ed to the house with a recommenda-
tion it be referred to the committee

568

MAXWELL'S SUBSTITUTE

Tuesday)

GRAY— McCANN-M AX WELL

[July !

on legislative apportionment.

Mr. STRICKLAND Mr. Chairman.
I regard the question is upon the sub-
stitute offered by the gentleman from
Dodge (Mr. Gray). I don't think
anything else can come up between.

(" 'Question," "question.")

The CHAIRMAN. The chair so
decides.

Mr. STRICKLAND. Mr. Chair-
man. Before the vote is taken, I
ask to be excused from voting.

Mr. GRAY. Mr. Chairman. I
would like to say a few words.

"Leave," "leave.")

Of course I can't withstand the
judgment of so many gentlemen who
don't seem to understand the ques-
tion. Still I desire to say that the
draft is no longer, in my opinion,
than was necessary in order to en-
graft the proposition.

Mr. MYERS. Mr. Chairman. It
the substitute of the gentleman from
Dodge (Mr. Gray) as now proposed.
Is voted down, then the amendment
of the gentleman from Cass (Mr.
Maxwell) is in order.

Mr. WILSON. Mr. Chairman. I
ask to be excused from voting.

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

The committee divided, and the
substitute was not agreed to.

Mr. McCANN. Mr. Chairman. I
now aslc the gentleman from Cass
(Mr Maxwell) to prefix to the
amendment offered by him the fol-
lowing words:

"The legislature shall provide by
law for the enumeration of the in-

habitants of the state In the year
IS 72 and in 1875, and every ten
year thereafter."

Mr. MAXWELL. Mr. Chairman.
With the amendment as suggested
by the gentleman from Otoe (Mr. Mc-
Cann) I now propose a substitute
for the third section which has been
stricken out.

The Chairman read the substitute
as follows:

"The legislature shall provide by
law for an enumeration of the inhabi-
tants of the state in the year 1872,
and 1S7 5 and every ten years there-
after, and at their first session after
such enumeration, and also after
each enumeration made by the au-
thority of the United States, the leg-
islature shall apportion and district
anew the members of the senate and
House of Representatives, according
to the number of inhabitants, exclud-
ing Indians not taxed, and soldiers
and officers of the United States ar-
my and navy."

Mr. BALLARD. Mr. Chairman. I
hope the substitute will not prevail,
for it does not fix the float matter
but leaves it to the legislature to fix
as they please.

Mr. WAKELEY. Mr. Chairman. I
think there is some misunderstanding
here. I don't think the insertion of
this affects the matter of apportion-
ment. It seems to me it is better to
insert the section without any ref-
ference to that but leave it to the
committee on apportionment. I think
it will expedite the business of the
committee if we adopt this substitute.
It only provides the times when an
apportionment shall be made by the
legislature. The language of the
substitute is general and does not tie
us to any particular manner of ap-

MOORE'S SUBSTITUTE

569

Tuesday]

HASCALL— MOORE— GRA Y

[July 25

portlonment in the state.

Mr. HASCALL. Mr. Chairman. I
move to strike out that portion of the
substitute that provides for an enu-
meration in 1S72. The reason I do
that is that there is a large expense
connected with an enumeration by the
•state, and this convention has the
power to apportion the state until the
year IS 7 5. If necessary we can pro-
vide that in case any new counties
organized have a population entitled
to a representative, that one might
be elected and sent up to the legis-
lature where he shall have a seat. It
would be folly for us to proceed to ap-
portion the state and the next year
go on to take an enumeration of the
■state. We can leave this so the leg-
islature can provide for an enumer-
ation once in five years if the rapid
growth of our state will require it.

Mr. McCANN. Mr. Chairman. I
would accept that amendment to
■strike out that part of the substitute
providing for an enumeration in
1872, if the gentleman from Cass
(Mr. Maxwell) is willing.

Mr. MAXWELL. I accept the
amendment.

Mr. MOORE. Mr. Chairman.
I have a substitute to offer, if it is in
order.

The Chairman read the substitute
as follows:

"An enumeration of the inhabi-
tants of the state shall be taken under
the direction of the legislature in the
Tear 1872 and 1875 and every ten
years thereafter and this enumera-
tion together with the census that
may be taken under the direction of
congress of the United States, shall
serve as a basis of representation in

both Houses of the legislature."

Mr. Moore. I move the adoption
of the substitute.

Mr. GRAY. Mr. Chairman. It
is quite apparent that we are mak-
ing no progress on this section, there-
fore I move you that this whole sub-
ject matter of legislative apportion-
ment be referred to the appropriate
standing committee on legislative ap-
portionment, that is that when the
committee rise that it be reported
back with the recommendation that
it be so referred. I think that is just
what a majority of this committee de-
sire. That is all that is proposed by
this section — the subject matter of
the division of districts, as has been
before remarked is to be left to the
future consideration of this body and
it may be deferred until we get a re-
port of the appropriate committee,
the committee which has been charg-
ed with the consideration of the sub-
ject of representative districts. It
seems to me we can go on with this
because there is no objection, I
take it to the making of an enumer-
ation as indicated here, as also di-
viding the state into districts anew
once in five years.

Mr MYERS. Mr. Chairman. It
seems to me that we ought to clothe
the legislature with power to make
this enumeration separate and dis-
tinct from that of the United States
and that we ought to make it in the
intermediate cycle of time, five years.
What is the necessity of an enumera-
tion, what is the object of a state
enumeration separate from that of
the United States, except to furnish
the legislature every five years an op-

570

STATE CENSUS

Tuesday]

MYERS-MA X WELL— MOORE

[July 35

portunity of apportioning the state?
The apportionment of the United
States is taken for general purposes,
to ascertain the number of people,
their resources, their advancement in
arts, commerce, trade, manufacture
and agriculture, but the state enu-
meration takes no such object in
view, simply the number of inhabi-
tants, for the purpose of making an
apportionment to constitute your Sen-
ate and House of Representatives.
The course taken by this committee
seems to me to be strange, I think
the two are indissolubly connected
together, the apportionment with
enumeration, and that the apportion-
ment belongs directly to the legis-
lature. I know of no other plan in
our system of government than for
that apportionment to be made every
five or ten years upon the basis of a
state enumeration. I am perfectly
satisfied to adopt the clause as it ex-
ists in the present constitution, but
I would 1-ke to have the two go to-
gether in order to be sustained.

Mr. MAXWELL. Mr. Chairman.
It seems to me it would be much bet-
ter to divide this question. There
are parties here who would be will-
ing to vote for 18 72, because many of
these new counties are almost cut off
from representation. I could not
vote for the whole article as it is pre-
sented by the committee. Now, Mr.
Chairman, in regard to the state-
ment of my friend from Douglas
(Mr. Myers) that the apportionment
and the enumeration ought to go
together. I understand the object
of taking the enumeration is to form
a basis to make the apportionment
by. Supposing the uuniber of in-

habitants of the state should be 120,-

000, and it is now over that at this
time, and we should agree upon six-
ty representatives for the House there
would be no difficulty in ascertaining^
the number of people entitled to rep-
resentation, we can fix upon just
principles so that all will fare alike.

Mr. MOORE. Mr. Chairman. It
seems to me this is not an appropri-
ate section in which to apportion the
state. I think it will come up proper-
ly hereafter. I will say something
with regard to the census to be tak-
en in 1872. It may strike some that
it is an unnecessary expense. Now I
avoid all expense that is possible, I
know that the men who do the voting
in this state have to live by the
sweat of their brow, and have to
make every dollar they have by hard
toil, and I would avoid paying money
unnecessary, yet we in the west want
to come' here fully and properly rep-
resented if it is possible to be so, and
there is no way to obtain it than by
a census to be taken in 1872. The
western portions of the state are in-
creasing much faster than the eastern
portions. Those counties that only
had from twenty to thirty population
in 1S70 will have some 2,000 In 1875
and we do not wish those counties
to go unrepresented all that time.
They have instructed members here
to get them that representation, and
we will do all we can for that pur-
pose, they are willing to pay their
proper proportion of the expense. It
will not necessarily be very much,
we have assessors in our precincts in
this state, those assessors have to
pass to every farm dwelling in each
respective county, and in that way.

STATE CENSUS

671

Tuesday]

[July 85

if they -will take the enumeration as
they go along, It need not be any
great additional expense. Then In
1875 take it again, then we can pass
every five years and do the best we
can under the circumstances.

Mr. LAKE. Mr. Chairman. It
seems to me that the same reasons
that obtain now for the census will
.recur within two years after 1875. If
it is necessary in order that all the
newcomers into the state be repre-
sented, that a new census be taken in
1872, then in 1877 the same thing
will have to be repeated I prefer to
take the course indicated by my col-
leagues. This body understands
about what the proportion has been
of emigration to the state. In mak-
ing up the districts that are to ob-
tain until 1875 a liberal allowance
can be made for this emigration, and
the new counties can be given the
benefit of all this supposed emigra-
tion to their borders. Now, it cannot
be said that the necessity will cease
at 1875; for there is no member of
this body, Mr. Chairman, but what
believes that the emigration to the
state will be greater from 1875 to
1880 than it has been since the cen-
sus which was taken by the General
Government in 1870. Now, It should
be borne in mind that the census of
1870 has been but recently taken,
only last year, and has just gone out
to the world what the population of
the different counties were at the
time. We know, from various sour-
ces, about what proportion of emi-
gration to each of these new coun-
ties has been. Representation has
been made by gentlemen upon this
floor in reference to it, and from those

facts an enumeration will be rendered
unnecessary, and need not be taken
at the time indicated by the gentle-
man from York (Mr. Moore). His
mode of taking the census would be &
novel one indeed. He says it would
be done without expense. Now, to
take a census which ought to be a
basis of representatives and senators
should be taken with care. If it is
of sufficient importance to be called
for at all, it is of sufficient import-
ance to be taken with care; and the
persons must be paid for so doing
in order to secure that result.. What
would it cost? It would cost a good
round sum to take a census of this
state in such a manner that it would
be at all valuable, so that it would
be anywhere near as valuable as that
taken last year. It would be as well
to take the representations of gentle-
men from this floor as to refer to
any such basis as that proposed by
the gentleman, and if there has been
so large an increase within one year,
or a year and a half, since the census
was taken in 1870, as to require a
new census in order to form a proper
basis for an apportionment of repre-
sentatives and senators, there will be
just as much reason for a new ap-
portionment in 18 7 4, before the elec-
tion of representatives to the legisla-
ture the fall following, or the suc-
ceeding session. And this same reas-
on would obtain at each annual elec-
tion, because our state is growing
rapidly; these new counties are fill-
ing up constantly, imrl we must
adopt some new basli toi- taking the
census which shall be just ;;.rid taken
oftener than five years. If we come
to that conclusion then provide that

572

STATE CENSUS

Tuesday]

LAKE— MANDERSON

[July 25

SO long as the constitution shall last,
and while it is possible there shall
be this increase in population every
year, then have the census taken
every year. Because no other plan
could obtain. The difficulty is that
the sparcely settled country will b •
subject to a more frequent census
than gentlemen upon this floor would
contemplate or be willing to provide
for. Now, five years, I think, is often
enough. It is sufficient time when
the apportionment is made for all
practical purposes. Now, the census
being taken in 1870, and I believe
an apportionment was had, based up-
on that census. Now, the probabili-
ty is that ample justice was done to
the new counties in that apportion-
ment. If not, let gentlemen upon
this floor point out wherein they have
been prejudiced and their rights not
respected, and I am sure there will be
a sufficient desire upon the part of
every member of this body, to recti-
fy that wrong. I desire that all parts
of the state should be properly rep-
resented, and as nearly as practic-
able alike. But I do not believe in
subjecting the state to an unneces-
sary burden. In order to reach this
desirable end, let us approximate, as
nearly as is practicable, all things
concerned, taking into account the
expense, the rapidly increasing popu-
lation of the state, and let us do what
shall seem to be best, and determine
what periods of time shall elapse be-
tween each separate census, and when
we have determined that let that suf-
fice for the first as well as the second
division of the state into districts.

Mr. MANDERSON. Mr. Chair-

man. I agree with much that has
been said by my colleague who has
just sat down, and also by the gentle-
man from York (Mr. Moore). I do
not think a state census should be ta-
ken oftener than once in ten years,
and I think the one taken by the
state authorities should alternate
with the one taken by the Federal
government. Yet, we cannot but rec-
ognize the fact that great injustice,
by deprivation of representatives will
be worked to many new counties that
are filling up. For instance, say that
in 187 5 we take the state census, the
legislature which meets afterwards
makes an apportionment, there may
be one-half dozen counties carved out
on our western border, and under
this system of emigration by colonies,
it may be that some of these newly
organized counties may run up be-
yond what is required for the repre-
sentative in the lower house, but they
are compelled to go on until the cen-
sus of 1880. How shall we rid our-
selves of this injustice? By making
a general census more frequent? No.
That would not be proper, and would
make an expense to the state which
should not be required. At an early
day, in the sitting of this convention
I introduced a resolution here, and I
am sorry I am not able to secure a
copy of it as presented. The Chair-
man of the committee (Mr. Towle)
has a copy of it but he is absent. It
seems to me it meets this difficulty:
"The number of senators shall be
, and the number of represen-
tatives shall be . which num-
ber may be increased every five years
by the legislature, and shall be ap-
portioned according to the Federal or
state census last preceding such ap-

APPORTIONMENT— MANDEKSON'S PLAN

573

Tuesday]

MANDERSON-GRAY

[July 25

portionment, provided, however, that
any county may, upon application
through its board of county commis-
sioners to the governor of the state
procure by him the appointment of
a board of three census talsers, whose
duty it shall be at the expense of
the county to take the census of such
county, and under oath return the
same to the governor, and if it ap-
pears that the population of said
county is equal to the number requir-
ed for one member of the lower
house of the legislature then such
county shall be entitled to one mem-
ber thereof."

Now I suggested that this meets
this difficulty. I do not know that it
properly comes here, and therefore
I will not propose it as an amendment
to this or any portion of the Legisla-
tive Article. Because I think the
committee on legislation should first
suggest and report something in re-
gard to it. This course avoids the
necessity of frequent taking of the
census. The practical working of
this scheme is apparent. A new coun-
ty is formed or organized, and finds
a great amount of its population un-
represented. It would be unfair for
it to wait until the next Federal cen-
sus. But upon application being
made through the county commis-
sioners to the governor it shall re-
ceive its apportionment after the cen-
sus takers have made their returns,
which shall be done at the expense of
the county, and if it is found they are
entitled to a representative, a special
election is called and a member elect-
ed.

Mr. GRAY. I think the motion
now is to refer the article hack to
the committee which reported it.

The CHAIRMAN. I do not so un-

derstand it.

Mr GRAY. Do I understand the
chair to recognize that motion now?

The CHAIRMAN. Yes. Such a
motion was made.

Mr. GRAY. It has been urged
here by the gentleman from Cass, and
I think one or two others on the
floor, that this question about rep-
resentative districts, about the ap-
portionment can be deferred until
some day, and referred to some other
part of this article. It seems to me
if these gentlemen will reflect for one
moment they will see we have no
business to refer these to any other
article in this constitution. Here is
where it belongs. Why divide one
subject matter into two sections.
There is no propriety in it, there is
no necessity for it. The whole sub-
ject should be settled in this one sec-
tion, right here. But gentlemen say
they are not prepared for it at pres-
ent. Was not the substitute I of-
fered voted down solely upon this
ground? The fact is if we are not
prepared to act upon this, it seems to
me the only way we can get along, is
to have the whole matter referred.
The members of the committee, after
they have already learned the theo-
ries and notions of the members of
this convention, it seems to me that
they will address themselves to the
subject in hand until they draft some-
thing which will be satisfactory to
the majority of the members of this
convention. I trust therefore that
this particular subject matter may be
disposed of in that way.

Mr. MYERS. Mr. Chairman. I
rise to object to the postponement of

574

MAXWELL'S SUBSTITUTE

Tuesday]

MYERS— HASCALL— LAKE

[July »

this matter by referring it to the com-
mittee who have had It in charge, or
to the committee on apportionment.
I concur with the gentleman who last
spoke in the w^ish to have this mat-
ter settled here at once. I know it
is the most difficult matter in the
whole constitution to settle satisfac-
torally. No matter what proposition
this committee had incorporated in
their report, it would have met with
opposition. It is a difficult matter for
adjustment. Let it be settled here.
The gentleman from Douglas (Mr.
Manderson) has just made a propo-
sition. Now are we prepared to vote
for having the census taken in one
county but not in another? While
the western counties are increasing
so rapidly in population, are the east-
ern counties to stand, still? If the
new comers will only come into only
one county, it might do, but if they
are to come into the entire state, the
census must be general.

Mr. HASCALL. Mr. Chairman.
The gentleman from Dodge (Mr.
Gray) states that this question is
not understood. This proposition is
the same under which we have been
acting in the old constitution, and
we ought to understand it . I see no
way of getting out of this difficulty
or adopting the proposition of my col-
league (Mr. Manderson) but I think
we ought to adopt a section at this
time. The apportionment commit-
tee cannot do anything, because this
convention has not yet determined
upon the number of senators and rep-
resentatives wanted. After this mat-
ter has been attended to by the con-
ve.ition, then the committee can get

together and go to work. Whether
or not we have float districts does
not properly come up now.

The CHAIRMAN. The question is
upon the motion that when this com-
mittee rises, they report this matter
back to the convention with a recom-
mendation that it be referred to the
committee whence it came.

The motion was not agreed to.

The CHAIRMAN. The question is'
upon the substitute offered by the
gentleman from York (Mr. Moore),
which reads: "The legislature shall
provide by law, for the enumeration
of the inhabitants of the state, in the
years 18 72 and in 1875, and every
ten year thereafter."

Mr. LAKE. Mr. Chairman. I would
like to have the proposed section of-
fered by the gentleman from Cass
(Mr. Maxwell) for which this is pro-
posed as a substitute, read.

The Chairman read as follows:
"The legislature shall provide by law
for an enumeration of the inhabitants
of the state in the year 1875, and at
the end of every ten years thereafter,
and at the first session after such
enumeration, and also after each enu-
meration made by the authority of
the United States, the legislature
shall apportion and district anew the
members of the senate and house of
representatives, according to the
number of inhabitants, excluding In-
dians not taxed and officers of the
United States army and navy."

Mr. MOORE. Mr. Chairman. 1
first wish to call attention to one
thing. By the substitute. I take it.
the legislature may apportion the rep-
resentatives at any time they may see
fit. and also take for a basis the cen-
sus of the TTnlted States or of this

LEGISLATIVE TERMS

575

Tuesday]

MOORE-MCCANN-CASSELL,

[Julys

State; whereas, by the amendment of-
fered hy the gentleman from Cass
(Mr. Maxwell) we must do it at the
first session after the census is taken.
Now for some reason, the legislature
may fail to consider this matter at
the first session, and if they don't do '
it at this first session, then the cen-
sus is lost. I think the amendment I
of the gentleman from Douglas (Mr.
Manderson) is a good thing. I would
not wish to have the responsibility
of giving the apportionment of those
new counties according to my judge-
ment. I might give a guess but I
would not like to have the legisla-
ture act upon my judgment. I think
it would be but a small additional
cost to take this enumeration in
1872. It has been done in other
states when they have adopted a new
constitution and they have started
with a clean start. I am not particu-
lar about anything. I want some-
thing that is good for us all, and
nothing that is good for one portion
and bad for another.

The CHAIRMAN. The question is
on the substitute offered by the gen-
tleman from York (Mr. Moore.)

The substitute was not adopted.

The CHAIRMAN. The question is
on the substitute offered by the gen-
tleman from Cass (Mr. Maxwell.)

The substitute was adopted.

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

Sec. 4. The senators shall be cho-
sen for three years, by the citizens of
the several senatorial dstricts, at the
same time, in the same manner, and
at the same place where they shall
vote for representatves.

Mr. SPRAGUE. Mr. Chairman. I

move to strike out the word "three"
in the first line and insert the word
"two."

Mr. McCANN. Mr. Chairman. If
the gentleman from Saunders (Mr.
Sprague) will allow me I will read an
amendment or modification of this
section which was considered in the
committee as follows:

"Representatives shall be elected
for the term of one year, and sena-
tors for the term of two years."

Mr. SPRAGUE. That suits me Mr.
Chairman.

Mr. McCANN. Then Mr. Chairman
I move that the fourth section be
struck out and this be substituted in
lieu of it.

Mr. CASSELL. Mr. Chairman. I
offer a substitute.

The Chairman read the substitute
as follows:

"Senators in the odd districts shall
be elected for the term of two years,
the senators in the even districts
shall be elected at the first election
for the term of one year and there-
after once in two years. The repre-
sentatives from the even districts
shall be elected for the term of two
years and representatives from the
odd districts shall be elected, at the
first election for one year and there-
after once in two years."

The CHAIRMAN. The question is
on the adoption of the substitiitJ of-
fered by the gentleman from Otoe
(Mr. McCann.)

The substitute was adopted.

The CHAIRMAN. The question is
on the substitute offered by the gen-
tleman from Lancaster (Mr. Cassell.)

Mr. CASSELL. Mr. Chairman. It
is plain that the object of the substi-
tute is to have one-half of the mem-

576

LEGISLATIVE APPORTIONMENT

Tuesday]

McCANN— WAKELEY-SPRAGDE

[Julj

bers of each house hold over each
time.

Mr. McCANN. Mr. Chairman. So
far as the senators are concerned I
believe that it is wise to provide that
they should hold over, but as to the
repretentatives I think it is better
that the people shall have the oppor-
tunity of voting for them each year,
many of my constituents have so ex-
pressed themselves, and by an ar-
rangement of that kind we would
have one sixth of the members hold-
ing over.

The substitute offered by Mr. Cas-
sell was not agreed to.

Mr. McCANN. I move that section
four be adopted as amended.

The section was adopted.

The Chairman read the next section
as follows:

Sec. 5. The number of senators
shall, at the several periods of mak-
ing the enumeration before mention-
ed, be fixed by the legislature, and ap-
portioned among the districts formed
as hereinafter directed, according to
the number of inhabitants in. each
■^ -^hown by the United States or
sta.e enumeration, and shall never be
less than one-fourth nor greater than
one-third of the number of represen-
tatives.

Mr. MAXWELL. Mr. Chairman.
I move to strike out section five. Sec-
tion three which we have already
adopted provides for the same thing.

Mr. MYERS. Mr. Chairman. I
move to amend this section so as to
read as follows:

"The number of senators shall
never be less than one-fciurth or
greater than one-third of the num-
ber of representatives."

Mr. WAKELEY. Mr. Chairman.

The first section as originally report-
ed by the committee provided for
the number of representatives and
senators, but all that part was struck
out and so far we have made no pro-
vision as to the number. It seems to
me that we should now fix that num-
ber, for no apportionment can be fix-
ed until we have fixed that number.

Mr. HASCALL. Mr. Chairman. I
will say that I believe that the new
constitution of the state of Kansas
will meet the approval of this com-
mittee. I have sent to the library for
it.

Mr. SPRAGUE. Mr. Chairman. I
have a rough draft here which I
think will meet the wants of the com-
mittee, if in order?

The CHAIRMAN. There is a mo-
tion before the committee to strike
out this section.

The motion was not agreed to.

Mr. SPRAGUE. Mr. Chairman. I
now move to substitute the follow-
ing to come in after section four:

"And the legislature at its first
session after the adoption of this
constitution shall apportion the mem-
bers thereof among the several coun-
ties of the state by dividing the
whole number of the inhabitants of
the state for the ratio of represen-
tation for members of the house of
representatives and shall give to each
county one representative as often
as it shall have the number required
by the ratio, and for every fraction
thereof of one-half or more and
every county which shall not have
one-half of the required ratio shall
be joined with other like counties
which will entitle them to at least
one representative."

Mr. HASCALL. Mr. Chairman. I
have this constitution in my hand. If

NUMBER OF LEGISLATORS

577

Tuesday 1

HASCALL-VVOOLVVORTH— SPRAGUE

[July

there is no objection I will read an
extract for the benefit of the com-
mittee.

"The first house of representatives
under this constitution shall consists
ot seventy-five members who shall
be chosen for one year. The first
senate shall consist of twenty-five
members, who shall be chosen for
two years. After the first election,
the number of senators and mem-
bers ot the house of representatives
shall be regulated by law; but shall
never exceed one hundred represen-
tatives and thirty-three senators."

I think those ideas may be incor-
porated in the section just passed.

Mr. WOOLWORTH. Mr. Chair-
man. I see a difficulty in the plan
proposed by the gentleman from
Saunders (Mr. Sprague.) He pro-
poses to fix the number of represen-
tatives, then he proposes to find out
what the ratio of representation
should be by dividing the whole num-
ber of the population by that number
of representatives. So far that goes
along all very well but he proposes
to give fractions of the ratio in
counties not having the full number
a representative. There is a practi-
cal difficulty in the way we had better
look out for. I have heard it sug-
gested here that counties not having
the full number ought to be repre-
sented, because every county ought to
have its representative. There is
considerable force in the proposition,
I can see a good deal of propriety in
that thing, but when you come to say
you will apportion your representa-
tives among the whole population,
according to a certain ratio, you will
necessarily exclude the idea of the
representation of counties.

Mr. SPRAGUE. It strikes me the
37

gentleman does not understand the
proposition as I presented it. It is
true that it is necessary to fix upon
some certain ratio to divide the
whole population by. It strikes me
that there would be no difficulty In
finding out what the number would
be, the moment you have the census
you know whether a county is enti-
tled to a representative or not. I
would also include in that provision
that the legislature should have the
power to increase the number of eith-
er house as they see fit.

Mr. WOOLWORTH. I am precise-
ly right. The gentleman says the
number of members of the house is
to be fixed, say that is ten. Each of
those ten men are to represent a
hundred people, but if there is a
county that has got only a fraction,
you use up more than the proper pro-
portion, if you are going to have a
certain specific settled number of
members of the house.

Mr. SPRAGUE. The number ii
not fixed.

Mr. WOOLWORTH. I would like
to ask the gentleman what the blank
is for.

Mr. SPRAGUE. For what num-
ber you please.

Mr. McCANN. Mr. Chairman. Al-
low me to correct the gentleman from
Douglas (Mr. Woolworth) by
supposing the population of Nebras-
ka to be 125,000, the divisor of that
number is what we term our ratio
of representation. How do we arrive
at that? First we have to decide
what shall be the number of mem-
bers of the senate, second, what shall
be the number of members of the

578

NUMBER OF LEGISLATORS

Tuesday!

WOOLWORTH—Ml'C ANN-MAXWELL

[July 25

house. As soon as we arrive at this
number we divide 125,000 by fifty,
supposing that is the number of rep-
resentatives: that gives us 2,00. That
would be the ratio.

Mr. WOOLWORTH. You intend
that every member of the house shall
represent 2.500 people. Now sup-
posing you have in out counties 1,500
people, there every representative
will represent 1.500 people instead of
2,500. If you are to give fractions
a representative on the plan proposed,
are you going to have enough to go
round. If you go on the basis that
your representative is to represent
a whole number, and then go on and
let some of your representatives rep-
resent a fraction, you are not going
to have enough to go round.

Mr. McCANN. Mr. Chairman. I
apprehend it will take a better arith-
metician than the gentleman from
Douglas and Saunders or myself to
work this out with mathematical ac-
curacy. We cannot provide a num-
ber as a ratio of representation which
will work in every instance. We
must approximate that number and
then say that Otoe county for in-
stance, shall have two senators, that
is an approximation. It is not nec-
essary that the number of inhabitants
of Otoe county shall be limited at all.
When it exceeds one-half I take It
the object of the gentleman from
Saunders is to give the fraction to
another member. We cannot provide
in a state growing as rapidly as Ne-
braska that2.500or3,000 people shall
be represented by a single member,
sometimes it will be as low as 1,500,
and again it will be above 2,500.

You cannot provide for it. You
must adopt some such principle as is
foreshadowed in the gentleman's
resolution in order to arrive at it.

Mr. MAXWELL. The principle
proposed by the gentleman from
Saunders is just. As I understand
the basis for the apportionment of
the members of the house of repre-
sentatives, a certain number is fixed
upon for the purpose of making the
apportionment. For instance, 250,
that is for the purpose of making an
apportionment. Then you take the
whole number of the people in the
United States; that gives the appor-
tionment for each member, and is the
principle adopted by the house of rep-
resentatives of the United States.
Now you apply this principle to our
state and fix upon the number of
the members of the house and sen-
ate, and supposing there was a mo-
iety, unless a representative was al-
lowed to the fraction, that portion of
the people is unrepresented. This
is. in substance, the theory of the
gentleman from Saunders. I think it
would give satisfaction to the state.
We may agree upon any number.
If it was 60 it would not be far from
2,000. It is very easy to adjust the
representatives in this way, and it
is only for the purpose of obtaining
a number to divide by that you fix the
number. It does seem to me that a
proviso of this kind, or one similar,
would give satisfaction to all parties
concerned, and do justice everywhere.

Mr. LAKE. Mr. Chairman. I do
not see the difficulty which seems to
be apprehended by my colleague (Mr.
Woolworth). I suppose the inten-

NUMBER OF LEGISLATORS

579

Tuesday 1

WOOLWORTH-IjAKE-ABBOTT

[July 25

tion is to limit the number of repre-
sentatives and senators in the con-
stitution, beyond which the legisla-
turo in no case can go. Now, the
only way in which the ratio can be
made up by this plan is to take the
whole number of the inhabitants of
the state, and, by selecting divisors
and using the number of inhabitants
as a dividend^ and make trials, and
ascertain what the quotient shall be,
and taking that quotient and add to
it the several fractions which may be
found in the several counties if they
do not exceed the number granted in
the constitution, will constitute the
number to which any county or dis-
trict shall be entitled. For instance,
we select a divisor, and divide the
number of inhabitants. If it is found
that the quotient together with these
several fractions, exceeds the number
the constitution provides for then
a larger divisor must be provided, so
that the number which is found by
that process, together with the frac-
tions found throughout the whole
state shall not exceed the number
provided in the constitution. I be-
lieve the proposition of the gentleman
from Saunders is entirely practic-
able. He merely adopts a plan for
arriving at the number which each
county shall be entitled to. If we
come to the conclusion that every
fraction of one-half the ratio of rep-
resentation shall be given a member,
so be it; and so with the senatorial
districts. If the fraction of one-half
is too small, why name a higher one.
In Illinois they provided that no dis-
trict shall contain any less than four-
fifths of the senatorial ratio. Sup-
pose we provide that four-fifths of the

ratio shall be entitled to a represen-
tative or senator, in every instance,
when an apportionment is made, it
will be necessary to select your di-
visor, make a trial of it, count up
your units and the number of frac-
tions you have in order to ascertain
whether you are giving the consti-
tutional number. And if the divi-
sion makes a quotient which, together
with the fractions which shall be
agreed upon, exceeds the constitu-
tional number then, of necessity, the
number used as a divisor must be in-
creased to make the number of mem-
bers less.

Mr. WOOLWORTH. I would like
to enquire of my colleague, or of the
gentleman from Saunders who pro-
posed this substitute, whether, when
this plan is followed, it will indicate
the number of the members of the
house.

Mr. LAKE. No sir, not at all. It is'
merely an arbitrary number, used for
the purpose of ascertaining the ratio
which shall entitle any district to a
representative, and in addition to
that, any district which contains a
fraction in excess of one-half of this
number shall be also entitled to a
representative.

Mr. WOOLWORTH. I see now.

Mr. LAKE. I see no reason for
adopting any idea different from the
one offered by the gentleman from
Saunders. If the fraction is too small
then some gentleman can move to in-
crease it, so that it may be made to
meet the approval of this committee.

Mr. ABBOTT. We are now talking
on the same question which we voted,
a little time ago, to go to the com-

580

NUMBER OF LEGISLATORS

Tuesflay]

HASCALL— ABBOTT-WOOLWORTH

[July

mittee. If the gentleman will with-
draw this thing I will make a substi-
tute which I think will meet the
wishes of the entire house. Until
the year 18S0 the Senate shall con-
sist of twenty members, and the
House of Representatives shall con-
sist of sixty members. After the year
ISSO the Legislature may Increase
the members in each house, but said
increase shall not exceed ten sena-
tors or thirty representatives.

Mr. HASCALL. I have a proposi-
tion I wished to submit to the gentle-
man. It is this — -"The House of Rep-
resentatives shall consist of 57 mem-
bers, and the Senate of 19 members,
provided, that the number of each
may be increased by law after each
enumeration of the inhabitants of the
State taken under the authority of
the State or the United States; but
the number of the members of the
Senate shall not exceed twenty-five
or for the members of the House of
Representatives 75.

Mr. ABBOTT. I have an article
here which is better, I think, than
either one of them. I offer this as
a substitute, if the gentleman will
accept it. There is no need of debate
on this question of apportionment
in committee of the whole. We want
something each member can look at.
I want the question of apportionment
fairly discussed in committee, print-
ed, and then laid before the house.

Mr. WOOLWORTH. Mr. Chair-
man. I think it is very unfortunate
we have not some plan before us that
has been carefully matured and print-
ed and laid before us so that we can
read it, each of us, and understand

it. And, in saying that I beg to say
I mean no disrespect whatever to the
committee which reported the article
nor to the gentlemen who have
spoken. It seems to me that we are
going to meet with difficulties in the
consideration of this article. It is
true, as stated by my colleague from
Douglas, that this matter of appor-
tionment is a difficult and trouble-
some one; perhaps more so than any-
thing we have had before us; and it
is for precisely that reason, as was
stated by the gentleman last upon the
floor, that we ought to have some-
thing before us, that we, each one,
can read over and consider. Now, if
we had no other business ready for
our consideration in the committee of
the whole or in the Convention, but
this single article, I should think we
were constrained to go on with this
work as we are now doing; but there
is the Judiciary Article ready to be
considered in the committee, and the
Executive Article to be passed upon
by the Convention. And I would,
therefore, suggest without, as I have
said before, the least reflection upon
anybody, — such an idea is the farth-
est possible from my mind — I would
suggest that the committee that has
had this matter in charge take this
Article back to their room and try
to harmonize their own views; try to
mature the article that it may be
printed again; and we occupy our-
selves while the committee is thus
engaged in the other business of the
committee of the whole. Now I think
the house has already seen the great
difficulty of understanding these prob-
lems thus suddenly brought to our
attention by the stumbling I was

NUMBER OF LEGISLATORS

581

HASCALL-SPEAGUE-MYERS

[July 23

guilty of myself in considering the
proposition of the gentleman from
Saunders (Mr. Sprague). I confess
that it was hard for me to understand
the proposition clearly — as clearly
as I would if I had read it over by
myself in my room. I hope this arti-
cle will take some direction that
when we come to consider it, we can
consider it more fairly than under the
present circumstances. After we have
considered the article, it has got to
be entirely gone through with and re-
arranged.

Mr. HASCALL. Mr. Chairman. I
am on two committees, Schedule and
Apportionment. These two commit-
ties have been unable to do anything
up to this time. The matter you are
discussing here, is a matter which
should come from the Apportionment
Committee, and the reason the com-
mittee have not tried to harmonize
their ideas upon this, is because you
have not said how many Senators and
Representatives you want. I coincide
with the gentleman from Hall, (Mr.
Abbott) that we should consider the
number of Senators and Representa-
tives, that we may reach a solution
of this difficulty. I will read again
my proposition. I hope that the gen-
tleman from Saunders (Mr. Sprague)
will withdraw his proposition fso
that the one] I submit and that of the
gentleman from Hall (Mr. Abbott)
may be acted upon. I read my pro-
position.

The House of Representatives shall
consist of fifty-seven members and
the Senate of nineteen members; pro-
vided that the number of each may be
increased by law after each enumera-
tion of the inhabitants of the state to
be taken under the authority of the

state or of the United States; but
the number of the members of the
Senate shall not exceed twenty-five
nor the members of the House of Re-
presentatives seventy-five.

Now I think that this proposi-
tion, or that offered by the gentle-
man from Hall (Mr. Abbott) will
settle the matter.

Mr. SPRAGUE. Mr. Chairman. It
was not for the purpose of taking
from the Committee on Apportion-
ment any of their duties, that I offer-
ed this amendment as an independent
section. As it seems to be the wish of
the members of the committee to
have the matter left for their com-
mittee to act upon, I withdraw my
proposition.

Mr. ABBOTT. Mr. Chairman. I
will offer a part of the proposition
offered by the gentleman from Doug-
las (Mr. Hascall) as a substitute,
with mine.

Mr. MAXWELL. Mr. Chairman. I
move we refer the entire matter to
the Committee.

Mr. MYERS. Mr. Chairman. I
was going to make the same motion;
for the reason that we have now
heard something of the views of the
house. It is therefore proper now,
that the matter should go back to the
committee. I move that the Com-
mittee rise, and refer this matter
back to the committee.

Mr. GRAY. Will the gentleman
amend by recommending the com-
mittee to take into consideration the
amendments and propositions offered
here. I desire to know whether the
gentleman will include these in his
motion.

Mr. HASCALL. Mr. Chairman. I

582

NUMBER OF LEGISLATORS

Tuesday]

ABBOTT— MYERS— WAKE LEY

[July 85

don't think this committee has yet
indicated the number of Senators and
Representatives they want. This is
a material point, as I remarked be-
fore. If this matter is postponed
until the last, the committee will
move to act hastily, and they cannot
do it justice. This is a straight pro-
position and can be voted upon as
well now as at any other time. Of
course I appreciate the spirit of my
colleague (Mr. Myers). I admire
the spirit in which he is willing to
take hold of this proposition again,
but I see no benefit that can be de-
rived from the reference.

Mr. ABBOTT. Mr. Chairman. I
would like to have the proposition I
made, read and acted upon.

The Chairman read the proposi-
tion, as follows:

"The house of representatives shall
consist of sixty members and the sen-
ate shall consist of twenty members,
provided that the number of each
may be increased by law after each
census taken by the state or United
States, but the number of represen-
tatives shall not exceed ninety or
the number of senators thirty."

Mr. STRICKLAND. Mr. Chair-
man. I move that where it reads 2 0
members we insert 19 and where It
reads GO members, we insert 57.

Mr. THOMAS. Mr. Chairman.
Was not a motion made that the com-
mittee rise?

The CHAIRMAN. There was; but
there were other propositions con-
nected with It and therefore it does
not take precedence.

Mr. MYERS. Mr. Chairman. I
move that the committee rise and
recommend to the convention to re-
commit the bill.

The mot'.on was agreed to.

Mr. SCOFIELD. Mr. President. I
The Committee of the Whole have
had under consideration the article
reported by the legislative commit-
tee, and recommend that it be recom-
mitted to that committee for correc-
tion.

Adjournment.

Mr. MAXWELL. Mr. President. I
move that we now adjourn.

Mr. HASCALL. Mr. President. I
move to amend that we adjourn un-
til 8 o'clock this evening.

Mr. WAKELEY. Mr. President.
Upon my motion the report of the
committee on electoral and repre-
sentative reform was made the spe-
cial order for this evening and each
evening this week. There are some
members absent who are interested
in this report and others who can-
not be here this evening, if there is
no objection I would suggest that the
special order be postponed until to-
morrow evening.

Mr. HASCALL. I will withdraw
my motion to adjourn until S o'clock.

Mr. WILSON. Mr. President. I
move we adjourn until tomorrow
morning at 9 o'clock.

The motion was agreed to, so the
convention (at six o'clock and five
minutes) adjourned.

. 1

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