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GENEALOGY COL.L.ECTION
N27P,
V.13
Nebraska State Historical-
Society .
f-'ubl.ications of the nebraska
State Historical. Society
Digitized by the Internet Archive
in 2013
http://archive.org/details/publicationsofne1328nebr_0
JOHN LEE WEBSTEK.
PRESIDENT NEBRASKA CONSTITUTIONAL
CONVENTION OP 1875.
-lohii Ia'o Wt'bj^tor, lawyer, (Jiiialia, Nob., was bom March IS, 1847, in
Harrison (<jiiiity, Ohio: settled in Omaha in ^S^l'J and bo{>'an tlie piaetiee
of law; nieuiber of the Nebraska state legishiture fi'oni Douglas county
in 1873; president of Nebraska constitutional convention in 187r>; a re-
publican in politics and active in j»aity affaii's; elected ciiairnuni of tiie
state delegation to the ie))ublican luitioiuil convention whicii jioniinated
(.'(neial llanison foi- ]>resident and also ciniii'nian, of tiie state delegation
to tlie I'cpubhcan national convention in ISIMI; in 1!)<U a prominent
candidate hefoic tlie icpublican national convention for nomination as
\icci>i-esi(ienl of tlie Uin'ted States.
OFFICIAL REPORT
OF THE
Debates and Proceedings
IN THE
NEBRASKA CONSTITUTIONAL CONVENTION
ASSEMBLED IN LINCOLN, JUNE THIRTEENTH, 1871, CONCLUDED;
THE JOURNALS OP THE CONVENTION OP 1875; A HISTORY
OP THE ATTEMPT TO PORM A STATE ORGANIZATION IN
1860, OP THE ABORTIVE CONSTITUTIONAL CON-
VENTION OP 1864, OP THE FORMATION AND
ADOPTION OP THE CONSTITUTION OP 1866,
AND OP THE ORIGIN OP THE CONVEN-
TIONS OP 1871 AND 1875.
Published by the Nebraska State Historical Society pursuant to resolu-
tion of the Twenty-Ninth Session of the Nebraska
State Legislature.
VOLUME III
Revised and edited by
J ALBERT WATKINS
Historian Nebraska State Historical Society
Volume Thirteen, Nebraska State Historical Society Publications
(Series IL Volume VIII.)
1237393
NEBRASKA STATE HISTORICAL SOCIETY
EXECUTIVE BOARD
ELECTED MEMBERS.
President — John Lee Webster Omaha
1st Vice-President — Robert Harvey St. Paul
2nd Vice-President — Samuel C. Bassett Gibbon
Secretary — Clarence S. Paine .....Lincoln
Treasurer — Stephen L. Geisthardt Lincoln
Rt. Rev. J. Henry Tihen, D.D Lincoln
Hamilton B. Lowry Lincoln
George W. Hansen Fairbury
Frank L. Haller Omaha
Charles^ B. Letton Lincoln
Horace S. Wiggins.... Lincolij
EX-OFFICIO MEMBERS.
John H, Morehead - Governor of Nebraska
Samuel Avery Chancellor of University*of Nebraska
Charles W. Pool President of Nebraska State Press Ass'n.
Howard W. Caldwell Head of the Department of American
History, University of Nebraska.
Manoah B. Reese Chief Justice of the Supreme Court of Nebraska
Grant G. Martin Attorney General of Nebraska
(JFFICE STAFF
Clarence S. Paine Secretary
Albert Watkins - - Historian
Melvin R. Gilmore Curator of Museum
Minnie P. Knotts Librarian
EDITOR'S PREFACE
That an apology to the manes of most of the participants in the
debates of the convention of 18 71 and to the corporeal persons of the
few who still survive is due from those instrumental in publishing their
unrevised speeches is, I think, obtrusively obvious. After very tedi-
ous, and by no means triumphant wrestling with the imperfect manu-
script, I felt expectant of some such remark as this of Mr. Robinson's,
when the question arose at the close of the convention: '!! am confi-
dent that if the debates are published as they are written, no gentleman
in this convention will ever want to see that book, and will not want
his neighbors or friends to see it. It is not because the reporters have
not done their duty; I think they have done it very faithfully."
In the sharp discussion as to the propriety of permitting members
to revise their remarks for publication, which was decided in the affirm-
ative, it appears to have been conceded that if the constitution should
be rejected by the people it would not be worth while to publish the
debates. This inference of the members seems to explain and excuse
their neglect to revise their speeches; it does not, however, excuse the
obvious neglect by the secretary of his duty carefully to revise or edit
the stenographer's extended notes, inasmuch as they constituted an
official document to be preserved among the state's archives. Though,
according to the assurance of Mr. Robinson and Judge Wakeley, the
stenographers were faithful, they unfortunately lacked the training
and breadth of information requisite for their difficult task; hence
the frequent hit-or-miss and unintelligible quality of their work. In
these cases of unintelligibility I have of course, followed the manu-
script; but wherever proper words have been obviously omitted, or
misplaced by improper ones, I have supplied the right words in
brackets. In several cases members formally submitttd manuscripts
of their speeches in very illiterate form, in their own handwriting,
and in one instance with the signature of the speaker attached. With
the promise of Mr. William James to show if possible the practicability
of communication with departed spirits as yet unfulfilled, I was reluct-
antly compelled to "follow copy" and let the responsibility rest on those
who neglected their duty when it was possible to perform it.
The journals of the conventions of 18 71 .and 18 75 are the only
official records of constitution-making in Nebraska, successful or other-
wise, which were preserved. The publication of these records, and — in
this volume — of extraneous information about those conventions, or
the account of the attempt to have a convention in 18 60, of the abortive
convention of 18 64, and of the attempts, successful and unsuccessful,
to amend the present constitution, all based upon data derived from
miscellaneous sources, seems to fulfill the purpose of the act of the
legislature which provided the means for the enterprise.
ALBERT WATKINS.
NEBRASKA CONSTITUTIONAL
CONVE NTION OF tdlt.
VOL. Ill
FORTIETH DAY.
Thursday, August 10, 1871.
The convention met at eight
o'clock, and was called to order by
the president.
Prayer.
Prayer was offered by the chaplain,
as follows:
O, Thou who art the source of all
wisdom, may it please Thee to guide
the convention today, and teach us
to teach all men to study Thy holy
will; that the best government pos-
sible may be instituted and estab-
lished, and enjoyed everywhere.
Amen.
Leave of Absence.
Mr. GRIGGS. I ask leave of ab-
sence for Mr. Price until tomorrow
morning.
Leave granted.
President Pro Tern.
The PRESIDENT. Will the gen-
tleman from Douglas, (Mr. Hascall)
please take the chair for a little
while.
Reading of the Journal.
The secretary read the journal of
the last day's pro.eedings.
Mr. MYERS. Mr. President. I
move the convention proceed to the
further consideration of the Legisla-
tive Article.
The motion was agreed to.
So the convention proceeded to the
consideration of the Legislative Ar-
ticle, with Mr. Hascall in the chair.
Mr. STRICKLAND. Mr. Presi-
dent. I suppose this subject will be
resumed from where it was left last
night, at which time we were consid-
ering an amendment offered by your-
self, and also an amendment offered
by the gentleman from Douglas
(Mr. Wakeley) relative to the inser-
tion of the v/ords "single" before the
word "districts." I protest against
the single representative districts, I
remember that, a few days ago it was
proposed to divide this state into three
grand divisions for the purpose of
electing judges of the supreme court.
The gentleman from Douglas (Mr.
Wakeley) was exceedingly nervous at
that time. I remember the gentle-
man who moved this proposition ap-
peared more nervous at that time
than upon any other occasion. Why
was it? His argument was this, that
he wanted to have the whole state
at large to select these three men,,
because no part of the state afforded
three men of sufficient ability for this
place. It was not very flattering,
considering the many men of ability
in the state. If the argument used
was good in that case it is good now.
Now, sir, I protest in the name of the
good people of Douglas county, and
I bring up an example. There are of
the representatives upon this floor
from that county four gentlemen
here from one little ward of the city
of Omaha. Why? Simply because
the people of that county wanted
such men to represent them. Aye^
10 SINGLE LEGISLATIVE DISTRICTS
Thursday] STRICKLAND-MYERS
sir, they ignored politics for this pur-
pose. If you had this single district
system, you would be denied the pres-
ence and aid of three of these men.
If you adopt this system, one man, a
political trickster, may work up a
neighborhood and get the nomina-
tion while a good man in the county
would remain at home. Look you,
Mr. President, at the election in
Douglas county last fall. I see a
gentleman here, Col. Myers, from that
county who steadily refused to be
nominated to represent the people,
and I do know that the city of Oma-
ha and the entire country demanded
hip services, as it did yours, Mr.
Pn^sident. I am proud to say that al-
though I had never seen his face be-
for3 he was nominated, that I was
on3 of the delegates who made that
romination. How was my friend
Gen'l Manderson nominated for this
convention? He refused to be a
candidate and yet the people nomi-
nated him unanimously, and he is
here today for what he is worth, and
the county is proud of him as a rep-
resentative. Another instance, my
friend Mr. Estabrook lived up in a
ward of our city where people
obtained a prejudice against him
on account of some conduct of
his in reference to taxes and
sidewalks, and they cried mad-dog,
but the old General held up his head
and snuffed the breeze from afar,
stood on his rights and bid defiance,
and he is here, was nominated by ac-
clamation.
Mr. MYERS. By both conventions.
Mr. STRICKLAND. Now, I do pro-
test to tying the election down to the
single district system. Why, in giv-
[ August la
ing this you will simply give us a
just principle, the high privilege of
the elector to say I will select any
representative I want. I will support
A, B or C if I like if he lives in the
county. Does their living in another
ward affect their ability and useful-
ness, simply because they don't live
in Falkinsville or Jones' Corner are
you going to say we shall not vote for
them? Why, that will deprive many
counties and the state of some of our
very best men. You cut a county
right in two and just on one side of
the line lives two of the best men in
the county, but you cannot take one
of them, you must leave him and go
over into the next nook or corner
where perhaps there is not a man
who can represent the interests of the
county, or who would be the choice of
the people. You must go there where
you must exercise a Hopkins choice.
Of course if you take a large city like
Cincinnati, for instance, where each
ward has its local interests and rep-
resents thousands of people, there
you might have the single district
system, and the man from there
would represent the interests of its
thousands. But where are the thous-
ands in a single ward of any city in
this state? You can't find It. As we
progress in years in this j^oung state
we gain in general intelligence and
higher order of ability; we find the
number of our representatives have
been increasing every year in talent,
respectability and brain. Now, is it
wise for any county to deprive itself
of the very best ability that they have
to follow this principle? We want the
people of the whole county to choose
their representatives that your leg-
3 1833 02595 0574
SINGLE LEGISLATLYE DISTRICTS
11
Thursday]
islature may no longer he weak or
corrupt. Why, what would you do
with the man who comes up from a
single district, where he has gained
foot hold, and can bid defiance to the
people of the district for any mis-
use of his representative authority?
He does as he pleases, and you can-
not help yourself. But, now, let a
representative from Richardson,
Douglas, Otoe or any of these coun-
ties misbehave himself in any way
whatever and he brings the veto of
the entire county upon himself, and
Tie hunts his retirement forever. It
will not do to say that this is a step
towards minority representation and
that it is fair. It is unfair. The gen-
tleman will remember that two years
ago, the representative we sent here
was a democrat, elected and sent by
a county having a republican majori-
ty of 200 votes. Why was it done?
He was a good man, and commanded
the support of the county. I can see
Mr. President, how this will work, that
IS, how there will be a struggle in our
county. In all parties there are men
who make it their business to form
Tings for the election of county and
state officers. Now, we go to work
and take this city of ours and cut it
Tip ihto small districts. A small poli-
tician goes to work and endeavors to
secure his nomination as a represen-
tative of said county when, probably.
Tie is neither the choice of the ward
nor a fourth of the intelligent voters
of the county; having neither ability
nor integrity to represent, creditably,
an intelligent constituency. I sub-
mit, Mr. President, this simple pro-
position. If the counties, most of
them sparsely settled in this new state,
[August 10
are not small enough, for representa-
tive districts, without cutting them
up into still smaller sections, there-
by depriving the electors of the whole
county of the privilege of having the
county as an entirety from which to
select the best material in men to
represent them. Why bind and tie
the hands of the electors of the vari-
ous counties to this most impracti-
cable system of single districts when
we know it would work adversely to
the interests of every county in the
state and the state at large?
Mr. WAKELEY. Mr. President.
As I had the honor of offering the
amendment under consideration, and
as it seems to have been attacked
with unusual force — my eloquent and
distinguished friend coming down
from the president's chair to use his
voice upon this floor to oppose it,
it may be expected that I will say a
few words in reply to his argument
against it. In the first place he
thinks it strange, that I who stood
upon this floor to claim that in se-
lecting judges for the high tribunal
of the supreme court of this state,
localities should be ignored, — that I
am in favor of constituencies being
represented in the legislature by lo-
cal members. Sir, I am amazed that
a gentleman who belongs to the same
profession as I do, can, for one mo-
ment, confound the qualiflcations oi
judges; the principles upon which
judges are elected, and with the
qualifications of local representatives,
and the principles upon which they
are elected. For what purpose do
you elect a representative to come
here and legislate? Sir, you elect
him to represent your views. He is
STRICKLAND- WAKELEY
12 SINGLE LEGISLATIVE DISTRICTS
Thursday] WAKELEY
elected to reflect the political, local
or other views of the counstituents
who send him. In electing judges
of the supreme court do you chose
them to reflect any party views? to
defend any local interest? God for-
bid. You chose them, sir, on the
priuuple that they must come here
forgetting localities, forgetting party
and personal interests, and disre-
garding everything but the law which
they are sworn to interpret truly.
Now, sir, I discard the comparison as
unworthy of one moment's reflection.
The gentleman refers to the county
of Douglas where he and I reside. He
appeals to the history of party ac-
tion in that county, and the results
of it in sending representatives upon
this floor. I accept the illustration.
I go back only six montbs in the po-
litical history of this state, and call
to the attention of gentlemen upon
this floor, that, by this very system of
electing all the representatives from
the entire county, upon one ticket;
in consequence of this system cer-
tain gentlemen set themselves to
work in that city, and, by manipulat-
ing the wards, and electing ward
delegations to a county convention,
and I do not hesitate to say, by the
most unscrupulous and disgraceful
transactions that have marked the
history of political parties in this
state, they succeeded in sending an
unbroken delegation from that coun-
ty in favor of olie man for the high
office of United States senator. Mr.
President, you had the honor, and
my colif^ague, Mr. Myers, had the
honor, to be nominated by that con-
vention, and elected by the people;
and, in any thing I say, I hope it
[August 10'
will not be understood that I reflect
upon any single member sent here on
that occasion. Far from it. They
succeeded in sending able and ex-
perienced men here, — men who ac-
quitted themselves well, and did the
special duty for which they were
elected, and supported their candi-
date to the utmost. Take the illus-
tration. Had the eight members who-
represented Douglas county been
elected by districts, does it follow
that there would have been an un-
broken delegation in behalf of one
candidate from Douglas county? I
think not, sir. By figuring and engi-
neering, a majority in a political con-
vention may dictate a delegation for
the entire county; the delegation so
elected will ignore the views of a re-
spectable and large minority. It is
that very mischief I would remedy
in part by the single district system^
Let me not be misunderstood. I be-
lieve the true remedy for the evil,
we are seeking to reach, is cumula-
tive voting, or minority representa-
tion. I believe, if the county of
Douglas shall be allowed three sena-
tors under the coming apportionment,
I believe it should be divided inta
three senatorial districts; I believe
each of those districts should be en-
titled to elect three members to the
legislature, and I believe a minority
should be able to elect one man. But,
I see no prospect that that system
will meet the favor and approval of
this convention. It is a thing far
in the future. If adopted at all, it is
to be by the direct action of the peo-
ple. But, as an approach to giving
the various portions of an entire
county their due voice in the legis-
SINGLE LEGISLATIVE DISTRICTS
13
Thursday 1
lation of the state, I would seek to
make single districts, and bring the
representative nearer to his consti-
tuents, than he is under the present
system. Is this an untried system?
No. It is in force in New York, and
has been for many years; it has been
in force in Wisconsin twenty years;
it is in force in Michigan and has
been for a long time; and is in force
in many other states in this union;
and I have never heard that it was
objected to where it was tried. I
think the people, everywhere, are
glad to have the opportunity of elect-
ing a representative from their im-
mediate vicinity; and I see no objec-
tion to it in principle. It is not an
answer to say that you will get better
men if you have the entire county
to choose from. That may be theo-
retically so. But, practically, I do
not think it is so. I say tp my col-
league (Mr. Strickland) he may di-
vide Douglas county into* six, eight
or ten districts, and there will not
be a single district which will not
contain men of both political parties,
and all shades of political opinion,
able, fit and capable to represent
their constituents. I say there is not
a ward in the city of Omaha, which
lhas not residents of both political
parties who would do honor to their
constituents upon this floor. While
I would prefer a system by which
these representatives could be spread
over somewhat larger area, and the
rights of all parties, majorities and
minorities represented, I think that
the principle of single districts is an
approximation to justice. It is, Mr.
President, but an arbitrary and arti-
ficial system, under which Douglas
[August 10
county electing their senators is
made one entire representative dis-
trict. I say it is unphilosophic, un-
just, and unfair, unless we adopt a
principle by which any number of
voters within the county, equal to the
number which sends a representa-
tive to this floor, shall have the privi-
lege of voting for and electing one
man. Give us that system, and I
care not how large you make your
districts; because you put it in the
power of localities to enforce justice
in their representative. I do not
care to protract this argument. 1
have thrown out these views hurried-
ly. I have stated, in the main, my
position upon this question. I be-
lieve that, taking it as practically set-
tled, that minority representation will
no't be secured, electing one repre-
sentative from a district containing
a population which entitles it to a
representative, will come nearest to
doing justice.
Mr. MANDERSON. Mr. President.
I rise more for the purpose, perhaps,
of explaining the vote I propose to
give upon this subject than to make
an argument. I sat here a few even-
ings since and listened with much
pleasure to the able argument of
my colleague from Douglas (Mr.
Wakeley) upon the subject of minori-
ty representation. Previous to listen-
ing to his able speech, I read that
portion of the debates of the Illi-
nois constitutional convention, hav-
ing reference to this subject, and
read with considerable interest the
report of the minority on the subject
of proportional representation, and
the more I thought upon the subject,
the more I was impressed with the
WAKELEY— MANDERSON
14
SINGLE LEGISLATIVE DISTRICTS
Thursday]
MANDERSON-WAKELEY
[August 10
justice of the principle advocated by
the minority. I thought that most
potent and excellent reasons were
presented by my friend and colleague
in favor of that rule, and I announce
myself here as a convert to that prin-
ciple. I believe it to be correct. I
believe it to be democratic. I be-
lieve it to be in strict concordance
with the spirit of our republican in-
stitutions, and I am forced to this
conclusion, Mr. President, by this
fact as much as by any other. Look-
ing back over the history of our coun-
try I find this remarkable position oi
things; that while claiming that ma-
jorities should rule, majorities have
not ruled, that the fact is that the
majority of Presidents of the United
States, I think I do not exceed the
estimate, when I say two-thirds of
the gentlemen elected to that high
office, have been placed in the White
House by minorities; frequently one-
third of the voting population of the
United States have succeeded in elect-
ing a president in opposition to the
wishes of two-thirds of the voters of
the United States, and I believe, sir,
that minority representation, where it
can be applied — I believe it can be
applied in the electoral college of the
United States, that it would remedy
very largely this evil. But I do not
propose to make any argument upon
the subject. I made up my mind
that when the question of minority
representation came to be voted
upon here, that doing to others as I
would have others do to me, I would
vote for it. I made up my mind I
would vote to submit it as a sepa-
rate proposition to be voted upon by
the people of this state, and to my
surprise I find that the strongest
advocates of this measure, the advo-
cates of this great principle, the
Christs' who have gone forth to make
converts, have deserted that great
fundamental principle, I do not like
it. I want to vote for it. I want
the people of this state, as the peo-
ple of Illinois, to pass upon that
question; and how fruitless it would
be for them to adopt the principle
of minority representation, if you
make no place for them to apply that
great principle. Where can they ap-
ply it? Suppose the people of the
state of Nebraska wished to apply
this principle, how could they?
Mr. WAKELEY. I propose, Mr.
President, that when the people vote
upon minority representation it
should be accompanied with the pro-
position that each senatorial district
shall elect three members. This is a
minority principle. I do not abandon
the principle.
Mr. MANDERSON. Then the gen-
tleman proposes to strike a death-
blow to the single district idea. Sup-
pose we adopt Mr. Hascall's amend-
ment or Judge Wakeley's, it leaves
us the single district system, pure
and unadulterated. If the people
should vote upon minority represen-
tation where can they apply it? They
cannot apply it to the board of county
commissioners, if we retain that
board, because that, we have decreed,
shall be a continuing board. They
cannot apply it to the supreme judg-
es of the state, neither the board of
three, because we have decreed that
shall be a continuing bench, and one
elected for six years. How can you
apply the principle, when but one
SINGLE LEGISLATIVE DISTRICTS
15
PHILPOTT— WILS ON
[August 10
Thursday]
man is to be elected? Now, I pro-
pose to vote against this single dis-
trist system. If the gentlemen v/ill
prepare a section that shall incorpo-
rate within it some proper minority
representation idea, I will vote for it,
Dut I will vote against the single dis-
trict system because I do not propose
to abandon the faith to which I have
so lately been converted.
Mr. PHILPOTT. It occurs to me
that many side issues may spring out
of this question. Shall we divide the
counties into single districts or shall
we not? If there is any necessity for
it; if right and justice demand it,
then every man here ought to sus-
tain the proposition. If there is no
real necessity for it, no occasion for
it, but by having a county divided
into districts, with enough represen-
tatives to represent the whole popu-
lation, then, we should have it in that
manner. Is it proposed by this con-
vention to so regulate and divide
counties that you will divide a house
against itself? I have heard that if
you divide counties into separate dis-
tricts, that you are liable to array
one portion of the county against an
other portion. I say that counties are
so small in their boundaries, such
small communities, that the interest
of one portion of the county is the
interest of the whole county. I have
heard that if you divide a county into
single districts you will do positive
injury to the county; that there is
strength in unity, and that in order
that the whole county may be well
represented, and all interests pro-
perly guarded with a full representa-
tion of delegates so that they may
confer together. Persons who may
have a desire to divide the interests
of a party may form a union with
delegates from the same county, in
order to oppose the interests of some
other portion of the county. I main-
tain this — that any man in a county
who is fit to be a representative at
all, is one who should know all about
the interests of that county, and be
well qualified to represent any part
of it. And, for my part, I do not see
any just reason, or any good ground
at all for making those little coun-
ties into single districts, and I do be-
lieve that we ought not to proceed
in such a manner as will show we
intend to legislate upon this mat-
ter. I am in favor that this question
should go out to the people and be
considered. It has not yet been con-
sidered by the people of the state
at large. It is new to me. The more
I consider it, the more I am persuaded
we ought not to have them. I now
move the previous question.
Mr. WAKELBY. Mr. President. I
admire the chivalry of gentlemen
who make a speech, and then move
the previous question.
Mr. PHILPOTT. I withdraw the
motion for the previous question. I
thought I had talked long enough.
(Laughter.)
Mr. WILSON. Mr. President. I
think it is time this convention
broke up, and let out. Members do
wrong to make a speech and then
move the previous question. I la-
bored hard in the committee room
with Judge Wakeley, and I deny the
charge which has been made of par-
tisanship.
The PRESIDENT (pro tempore.)
The question is upon adopting the
16
SINGLE LEGISLATIVE DISTRICTS
Thursday]
STEWART
[August 10
amendment to the amendment.
Mr. WAKELEY. Mr. President.
I move a call of the house.
The secretary proceeded to call the
roll.
The President (pro tempore) an-
nounced the results, — present, 39;
absent 13, — as follows:
PRESENT.
Abbott,
Boyd,
Curtis,
Cassell,
Eaton,
Estabrook,
Gibbs,
Granger,
Gray,
Griggs,
Hascall,
Kenaston,
Kilburn,
Kirkpatrick,
Lake,
I/yon,
Majors,
Mason,
Manderson, Mr. President — 39,
Maxwell,
Ballard,
Campbell,
Grenell,
Hinman,
Ley,
Moore, Woolworth. — 13
Parchin,
Mr. STEWART. Mr. President. 1
move that the further consideration
of the business under the call of the
house be dispensed with.
The secretary proceeded to call the
roll.
The president (pro tempore) an-
nounced the result — ayes, 20; nays,
17. — as follows:
Myers,
McCann,
Neligh,
Newsom,
Philpott,
Reynolds,
Stevenson,
Stewart,
Sprague,
Scofield,
Shaff,
Thomas,
Thummel,
Towle,
Vifquain,
Wakeley,
Weaver,
Wilson,
Mr. President-
ABSENT.
Parker,
Price,
Robinson,
STDeice,
Tisdel,
Woolworth.
Lyon,
Myers,
McCann,
Neligh,
Philpott,
Reynolds,
Stewart,
Thummel,
Towle,
Weaver,
Wilson. — 2 0.
NAYS.
Newsom,
Stevenson,
Sprague,
Scofield,
Shaft,
Thomas,
Vifquain,
Wakeley. — 17.
Abbott,
Cassell,
Gibbs,
AYES.
Gray,
Griggs,
Lake,
Eaton,
Estabrook,
Granger,
Hascall,
Kilburn,
Kirkpatrick,
Majors,
Mason,
Manderson,
So the motion to dispense with the
further consideration of the business
under the call of the house was
agreed to.
The PRESIDENT (pro tempore.)
The question is upon the adoption
of the amendment offered by the gen-
tleman from Douglas (Mr. Wakeley)
to the amendment of the gentleman
from Douglas (Mr. Hascall.) The
amendment reads:
"In any county electing three or
more representatives, each elector
may cast as many votes for any can-
didate as there are representatives to
be elected, or may distribute the
same or equal parts thereof among
the candidates, not exceeding the
number to be elected, as he may see
fit, and the candidates highest in
votes shall be declared elected."
The secretary proceeded to call the
roll.
The President (pro tempore) an-
nounced the result — yeas, 18; nays,
22, — as follows:
YEAS.
Boyd,
Eaton,
Estabrook,
Gibbs,
Hascall,
Kilburn,
Mason,
Newsom,
Stp'vensoti,
Sprague,
Scofield,
Shaff,
SINGLE LEGISLATIVE DISTRICTS
17
Thursday]
HASCALL
[August 10
Thomas, Wakeley,
Towle, Mr. President. — 18.
Vifquain,
NAYS.
Abbott, Manderson,
Curtis, Maxwell,
Cassell, Myers,
Granger, McCann,
•Gray, Neligh,
Griggs, Philpott,
Kenaston, Reynolds,
Kirkpatrick, Stewart,
Lake, Thummel,
Lyon, Weaver,
Majors, Wilson. — 22.
ABSENT OR NOT VOTING.
Ballard, Parchin,
Campbell, Parker,
•Grenell, Price,
Hinman, Robinson,
Ley, Speice,
Moore, Tisdel. — 12.
So the amendment of the gentle-
man from Douglas (Mr. Wakeley)
was not agreed to.
The PRESIDENT (pro tempore)
The question is upon the amend-
ment offered by the gentleman from
Douglas (Mr. Hascall) which reads:
"Sec. 20. Representatives shall be
'Chosen by districts of convenient, con-
tiguous territory, as compact as may
be defined by law. A county not hav-
ing the requisite population to en-
title it to a representative, shall be
joined to oine or more like counties,
and made a representative district —
■such district shall contain the popula-
tion necessary for a representative,
and no county thereof shall be includ-
ed in any other representative dis-
trict. But no county shall be divided
in the formation of a representative
district.
The PRESIDENT (pro tempore)
The question is on the adoption of the
amendment offered by the gentleman
from Douglas (Mr. Hascall). The
ayes and nays are demanded; sec-
retary call the roll.
The vote was taken and the re-
sult announced — ayes, 15; nays, 25,
— as follows:
AYES.
Boyd, Newsom,
Eaton, Stevenson,
Estabrook, Scofield,
Hascall, Shaff,
Kilburn, Thomas,
Mason, Towle,
Manderson, Vifquain,
Wakeley. — 15.
NAYS.
Abbott, Myers,
Curtis, McCann,
Gibbs, Neligh,
Granger, Philpott,
Gray, Reynolds,
Griggs, Robinson,
Kenaston, Stewart,
Kirkpatrick, Sprague,
Lake, Thummel,
Lyon, Weaver,
Majors, Wilson,
Maxwell, Mr. President. — 25.
ABSENT OR NOT VOTING.
Ballard, Parchin,
Campbell, Parker,
Grenell, Price,
Hinman, Speice,
Ley, Tisdel,
Moore, Woolworth. — 12.
So the amendment was not agreed
to.
The PRESIDENT (pro tempore)
The question now arises upon the
original section.
Mr. McCANN. Mr. President. I
offer the following amendment, to
add to the section the following:
"And no county shall be divided
in the formation of a representative
district."
Mr. President. It is clear to my
mind that no one county should be
divided. I want my county to say
who shall be her representatives, as
a whole, we have heretofore worked
harmoniously. We generally take
one half in the city and the other half
18
SINGLE LEGISLATIVE DISTRICTS
Thursday]
M A SON— EST ABROOK
[August 10
in the county, about as we are en-
titled. I think this should be so plain
that the wayfaring man may read
though he runs. This amendment
will work no hardship and will set
this matter at rest.
The PRESIDENT (pro tempore)
The question is on the amendment of
the gentleman from Otoe (Mr. Mc-
Cann.) The ayes and nays are de-
manded. Secretary, call the roll.
The vote was taken and the re-
sult announced,— ayes, 22; nays, 17.
— as follows:
AYES.
Abbott,
Curtis,
Cassell,
Granger,
Gray,
Griggs,
Kenaston,
Kirkpatrick,
Lake,
Majors,
Manderson,
Boyd,
Eaton,
Estabrook,
Gibbs,
Hascall,
Kilburn,
Lyon,
Mason,
Maxwell,
Myers,
McCann,
Neligh,
Philpott,
Reynolds,
Robinson,
Stewart,
Thummel,
Weaver,
Wilson. — 22.
NAYS.
Newsom,
Stevenson,
Sprague,
Scofield,
Shaff,
Thomas,
Towle,
Vifquain,
Wakeley. — 17.
ABSENT OR NOT VOTING.
Ballard, Parchin,
Campbell, Parker,
Grenell, Price,
Hinman, Speice,
Ley, Tisdel,
Moore, Woolworth,
Mr. President. 13.
So the amendment was agreed to.
Mr. MASON, (when his name was
called.) Mr. President. I understand
that proposition cuts out the possi-
bility of a county which has less than
three-fifths, having any representa-
tative at all. I therefore vote "nay.'*
Mr. ESTABROOK. Mr. President.
It seems to me from some experience
I have had in the matter, this new
state is doing itself a great injustice
in opposing single districts, and as
this comes next to it, I desire to
change my vote and vote "nay."
The amendment was agreed to.
The PRESIDENT (pro tempore)
The question is on the adoption of
the section.
The yeas and nays are demanded.
The secretary called the roll and
the president announced the result,
— yeas, 25; nays, 14, — as follows:
YEAS.
Abbott,
Manderson,
Curtis,
Mnxwell,
Cassell,
Myer'^,
Gibbs,
Me Can n,
Granger,
Npligh,
Gray,
PhiJpott,
Griggs,
Reynolds,
Hascall,
Robirjson,
Kenaston,
Stewart,
Kirkpatrick,
Thummel,
Lake,
""A'eaver,
Majors,
Wilson,
Mr. President.-
NAYS.
Boyd,
Sprague,
Eaton,
Scofield,
Estabrook,
Shaff,
Kilburn,
Thomas,
Mason,
Towle,
Newsom,
Vifquain,
Stevenson,
Wakeley. —
-25.
14.
ABSENT OR NOT VOTING.
Ballard. Moore,
Campbell, Parchin,
Grenell, Price,
Hinman, Tisdel,
Ley, Woolworth. — 13.
Lyon,
Mr. GRAY. Mr. President. I
EXECUTIYE ARTICLE
19
Thursday]
STRICKLAND
[August 10
move the ariticle be engrossed for a
third reading.
The ayes and nays were demanded.
The Secretary called the roll and
the President announced the result
— yeas 30; nays, 10, — as follows:
YEAS.
Abbott,
Curtis,
Cassell,
Gibbs,
Granger,
Gray,
Griggs,
Hascall,
Kenaston,
Kilburn,
Kirkpatrick,
Lake,
Lyon,
Majors,
Manderson,
Boyd,
Eaton,
Estabrook,
Mason,
Newsom,
Maxwell,
Myers,
McCann,
Neligh,
Philpott,
Reynolds,
Robinson,
Stewart,
Sprague,
Shaff,
Thummel,
Towle,
Weaver,
Wilson,
Mr. President. — 30
NAYS
Stevenson,
Scofield,
Thomas,
Vifquain,
Wakeley, — 10.
ABSENT OR NOT VOTING.
Ballard, Parchin,
Campbell, Parker,
Grenell, Price,
Hinman, Speice,
Ley, Tisdel,
Moore, Woolworth, — 12.
So the motion was agreed to.
Executive Article.
Mr. STRICKLAND. I move that
we take up the Executive Article.
The PRESIDENT (pro tempore.)
The Executive Article is now on its
third reading.
The secretary read the article, as
follows:
ARTICLE
EXECUTIVE ARTICLE.
Sec. 1. Officers of Department.
S'ec. 2. Of the State Treasurer.'
Sec. 3. Time of electing State Of-
ficers.
Sec. 4. Returns — Tie — Contested
Elections.
Sec. 5. Eligibility for Office.
Sec. G. Governor — Power and Du-
ty.
Sec. 7. His Message and State-
ment.
Sec. 8. Convening the Legisla-
ture.
Sec. 9. Proroguing the Legisla-
ture.
Sec. 10. Nomination by the Gover-
nor.
Sec. 11. Vacancies may be filled
Sec. 12. Removals by the Gover-
nor.
Sec. 13. Reprieves — Commuta-
tions — Pardons.
Sec. 14. Governor as Commander
in-Chief.
Sec. 15. Impeachment for Misde-
meanor.
Sec. 16. Veto of the Governor.
Sec. 17. Lieutenant Governor as
Governor.
Sec. 18. As President of the Sen-
ate.
Sec. 19. Vacancy in Governor's
office.
Sec. 20. Board of Supervisors of
Public Buildings.
Sec. 21. Vacancy in other State
Offices.
Sec. 22. Reports of State Officers.
Sec. 2 3. Great Seal of State.
Sec. 2 4. Fees and Salaries.
Sec. 2 5. Definition of "Office."
Sec. 2 6. Oath of Civil Officers.
Sec. 27. Bonds.
Sec. 2 8. No new office to be creat-
ed.
EXECUTIVE DEPARTMENT.
Sec. 1. The executive department
shall consist of a governor, lieu-
tenant governor, secretary of state,.
20
LEGISLATIVE ARTICLE
Thursday]
auditor of public accounts, treas-
urer, Superintendent of public in-
struction, attorney general, and
commissioner of public lands and
buildings, who shall each hold his of-
fice for the term of two years from
the first day of January next after
his election, and until his successor
is elected and qualified; provided,
however, that the first election of said
officers shall be holden on the Tues-
day succeeding the first Monday in
T^ovember, 1871, and the officers then
elected shall each hold his office for
one term of one year, and until his
successor is elected and qualified.
They shall, except the lieutenant
governor, reside at the seat of gov-
ernment during their term of office,
and keep the public records, books
and papers there, and shall perform
such duties as may be prescribed by
law.
Sec. 2. The treasurer shall be in-
eligible to the office for two years
next after the expiration of two con-
secutive terms for which he was elect-
ed.
ELECTION.
Sec. 3. The officers of the execu-
tive department after the first elec-
tion herein provided for, be elected
at the general election for members
of the house of representatives to
be held in the year 1872, and every
two years thereafter, at such time
and places as may be prescribed by
law.
Sec. 4. The returns of every elec-
tion for the above named officers
shall be sealed up and transmitted
by the retiring officers to the secre-
tary of state, directed "To the Speak-
er of the House of Representatives,"
who shall, immediately after the or-
ganization of the house, and before
proceeding with other business, open
and publish the same in the presence
of a majority of each house of the
legislature, who shall for that pur-
pose assemble in the hall of the house
of represenatives. The person having
the highest number of votes for eith-
er of said offices shall be declared
duly elected; but if two or more have
[August 10
an equal, and the highest, number of
votes, the legislature shall, by joint
ballot, choose one of said persons for
said office. Contested elections for
all of said offices shall be determin-
ed by both houses of the legislature,
by joint ballot, in such manner as
may be prescribed by law.
ELIGIBILITY.
Sec. 5. No person shall be eligible
to the office of governor or lieuten-
ant governor who shall not have at-
tained the age of twenty-five years,
and been for two years next preced-
ing his election, a citizen of the Unit-
ed States and this state. Neither
the governor, lieutenant governor,
auditor of public accounts, secretary
of state, commissioner of public lands
and buildings, state superintendent
of public instruction nor attorney
general shall be eligible to any other
office during the period for which
he shall have been elected,
GOVERNOR.
Sec. 6. The supreme executive
power shall be vested in the governor,
who shall take care that the laws
be faithfully executed.
Sec. 7. The governor shgjl, at the
commencement of each session, and
at the close of his term of office,
whenever the legislature may re-
quire, give to the legislature informa-
tion, by message, of the condition of
the state, and shall recommend such
measures as he shall deem expedi-
ent. He shall account to the legis-
lature, 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 session, present esti-
mates of the amount of money requlr-
-^d to be ravsed by taxation for all
purposes.
Sec. 8. The governor may, on ex-
traordinary occasions, convene the
legislature, by proclamation, stating
therein the purposes for which they
are convened; and the legislature
1 shall enter upon no business except
EXECUTIYE ARTICLE
21
Thursday]
tnat for which they were called to-
gether.
Sec. 9. In case of a disagreement
between the two houses with respect
to the time of adjournment, the gov-
ernor may, on the same being certi-
fied to him by the house first moving
the adjournment, adjourn the legis-
lature to such time as he thinks pro-
per, not beyond the first day of the
next regular session.
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 offi-
cers whose offices are established by
this constitution, or which may be
created by law, and whose appoint-
ment or election is not otherwise pro-
vided for; and no such officer shall be
appointed by the legislature.
Sec. 11. In case of a vacancy, dur-
ing the recess of the senate, in any
office which is not elective, the gover-
nor shall make a temporary appoint-
ment until the next meeting of the
senate, when he shall nominate some
person to fill such office; and any
person so nominated who is confirmea
by the senate (a majority of all the
senators elected concurring, by yeas
and nays,) shall hold his office during
the remainder of the term, and un-
til his successor shall be appointed
and qualified. No person, after be-
ing rejected by the senate, shall be
again nominated for the same office
at the same session, unless at the re-
quest of the senate, or be appointed
to the same office during the recess
of the legislature.
Sec. 12. The governor shall have
power to remove any officer whom he
may appoint, in case of incompe-
tency, neglect of duty, or malfeas-
ance in office; and he may declare his
office vacant, and fill the same as
herein provided in other cases of va-
cancy.
Sec. 13. The governor shall have
the power to grant reprieves, commu-
tations and pardons after conviction,
[August 10
tor all offenses, except treason and
impeachment, upon such conditions
and with such restrictions and limita-
tions, as he may think proper, subject
to such regulations as may be provid-
ed by law, relative to the manner of
applying for pardons. Upon convic-
tion for treason, he shall have pow-
er to suspend execution of the sen-
tence, until the case shall be reported
to the legislature at its next meeting,
when the legislature may either par-
den or commute the sentence, di-^
rect the execution of the sentence, or
grant a further reprieve. He shall
annually communicate to the legis-
lature each case of reprieve, commu-
tation or pardon granted, stating the
name of the convict, the crime of
which he was convicted, the sentence
and its date, and the date of the re-
prieve, commutation or pardon. In
cases of conviction upon impeach-
ment, the legislature may remit so
much of the sentence as shall dis-
qualify the convicted person from
holding office.
Sec. 14. The governor shall be the-
commander-in-chief of the military
and naval forces of the state (except
when they shall be called into the ser-
vice of the United States) ; and may
call out the same to execute the laws,
suppress insurrection, and repel in-
vasion.
Sec. 15. The governor and all civ-
il officers of the state shall be liable
to impeachment for any misdemeanor
in office.
VETO.
Sec. 16. Every bill passed by the
legislature shall, before it becomes a
law, be presented to the governor. 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 objec-
tions at large upon its journal, and
proceed to re-consider the bill. If,
then, two^thirds of the members
elected agree to pass the same, it
shall be sent, together with the ob-
■22
EXECUTIVE ARTICLE
Thursday]
jections, to the other house, by which
it shall likewise be re-considered;
and if approved by two-thirds of the
members elected to that house, it
shall become a law, nothwithstand-
ing 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
journal. Any bill which shall not be
returned by the governor within five
days (Sundays excepted) after it
shall have been presented to him,
shall become a law in like manner as
if he had signed it, unless the legis-
lature shall by their adjournment,
prevent its return; in which case it
shall be filed, with his objections, in
the oface of the secretary of state,
within five days after such adjourn-
ment, or become a law.
LIEUTENANT GOVERNOR.
Sec. 17. In the case of the death,
Impeachment, and notice thereof to
the accused and the senate, failure to
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 disa-
l)ility shall be removed, shall devolve
upon the lieutenant governor.
Sec. 18. The lieutenant governor
shall be president of the senate, and
shall vote only when the senate is
equally divided. The senate shall
choose a president pro tempore to pre-
side in case of the absence or im-
peachment of the lieutenant gover-
nor, or when he shall hold the office
of the governor.
Sec. 19. If there be no lieuten-
ant governor, or if the lieutenant
governor shall, for any of the causes
specified in section 17 of this article,
become incapable of performing the
duties of the office, the president of
the senate shall act as governor until
the vacancy is filled, or the disability
removed; and if the president of the
senate, for a'ny of the above named
causes shall become incapable of per-
forming the duties of go^^3rnor, the
same shall devolve upon the speaker
of the house of representatives.
August 10
Sec. 20. The commissioner of pub-
lic lands and buildings, the secretary
of state, treasurer, and attorney
general shall form a board which
shall have general supervision and
control of all the buildings, grounds
and lands of the state, the states pris-
on, asylums, and all other institu-
tions thereof, except those for edu-
cational purposes; and shall perform
such duties and be subject to such
rules and regulations as may be pre-
scribed by law.
OTHER STATE OFFICERS.
Sec. 21. If the office of the audi-
tor of public accounts, treasurer, sec-
retary of state, attorney general, com-
missioner of public lands and build-
ings, or superintendent of public in-
struction shall be vacated by death,
resignation or otherwise, it shall be
the duty of the governor to fill the
same by appointment, and the ap-
pointee shall hold his office until his
successor shall be elected and quali-
fied in such manner as may be pre-
scribed by law. An account shall be
kept by the officers of the executive
department, and of all the public in-
stitutions of the state, of all monies
received or disbursed by them sever-
ally, from all sources and for every
service performed, and a semi-annual
report thereof be made to the gover-
nor, under oath; and any officer who
makes a false report shall be guilty
of perjury and punished accordingly.
Sec. 2 2. The officers of the execu-
tive department, and of all the public
institutions of the state, shall, at least
ten days preceding each regular ses-
sion of the legislature, severally re-
port to the governor, who shall trans-
mit such reports to the legislature,
together with the reports of the judg-
es of the supreme court of defects
in the constitution and laws; and
the governor or either house of the
legislature may, at any time, require
information, in writing, under oath,
from the officers of the executive de-
partment, and all officers and mana-
gers of state institutions, upon any
subject relating to the condition,
EXECUTIYE ARTICLE
28
Thursday]
management and expenses of their re-
spective offices.
THE SEAL OP THE STATE.
Sec. 2 3. There shall he a seal of
the state, which shall be called the
''Great Seal of the State of Nebras-
\si," which shall be kept by the sec-
retary of state, and used by him
officially, as directed by law.
PEES AND SALARIES.
Sec. 2 4. 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 consti-
tution, receive to their own use any
lees, costs, perquisites of office or
other compensation. And all fees
that may hereafter be payable by law
lor any service performed by any of-
ficer 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 salaries of the secretary
of state, of the auditor of public
accounts and of superintendent of
public instruction, treasurer, commis-
sioner of public lands and buildings
and attorney general shall each be
$2,000. The lieutenant governor
shall receive twice the compensation
of a senator, provided, that at the
expiration of five years from the
adoption of this constitution, and
every five years thereafter the legis-
lature may, by general law, readjust
the said salaries, but the salaries of
the officers named in this section
shall not be increased or diminished
during their official terms.
DEPINITION AND OATH OP OP-
PICE.
Sec. 2 5. An office is a public posi-
tion created by the constitution or
law, continuing during the pleasure
of the appointing power, or for a
fixed time, with a successor elected
or appointed. An employment is an
agency, for a temporary purpose,
which ceases when that purpose is ac-
complished.
Sec. 26. All civil officers, ex-
[August 10
cept members of the legislature, and
such inferior officers as may be by
law exempted, shall, before they en-
ter on 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, the constitu-
tion of the state of Nebraska, and
that I will faithfully and impartially
discharge the duties of the office of
to the best of my ability;
and that I have not, directly or indi-
rectly paid or contributed anything,
or made any promise, in the nature of
a bribe, to directly or indirectly in-
fluence any vote at the election at
which I was chosen to fill the said of-
fice; and have not accepted, nor will
I accept or receive, directly or indi-
rectly, any money or other valuable
thing from any corporation, company
or person, for any official act.
The secretary of state shall file and
record the oath, subscribed by each
officer. Any officer refusing to take
the oath herein prescribed, shall for-
feit his office, and after conviction of
lhaving sworn falsely to, or of violat-
ing his said oath, shall forfeit his of-
fice, and shall be disqualified from
holding any office of trust or profit
in the state.
No other oath, declaration or test
shall be required as a qualification.
BONDS.
Sec. 2 7. The officers mentioned in
this article shall give bonds in doub-
le the amount of money which may
come into their hands, with such pro-
visions as to sureties, and the appro-
val thereof, and for the increase of
the penalty of such bonds, as may be
prescribed by law.
Sec. 2 8. No other executive state
office shall be created.
The PRESIDENT. This is the
third reading of the proposition. The
question is upon its adoption. The
secretary will call the roll.
The vote was taken and the result
24
AID TO CORPORATIONS
Thursday]
HASCALL— GRAY
[August 1ft
anuounced — ayes, 3 5; nays, none, —
as follows:
AYES.
Abbott, Maxwell,
Boyd, Moore,
Curtis, Myers,
Cassell, Neligh,
Eaton, Newsom,
Estabrook, Philpott,
Gibbs, Reynolds,
Granger, Robinson,
Gray, Stevenson,
Griggs, Stewart,
Hascall, Sprague,
Kenaston, Shaft,
Kilburn, Thomas,
Lake, Thummel,
Lyon, Vifquain,
Majors, Wakeley,
Manderson, Weaver,
: Wilson. — 35.
None voting in the negative,
ABSENT OR NOT VOTING.
Ballard, Parchin,
Campbell, Parker,
Grenell, Price,
-Hinman, Scofield,
Kirkpatrick, Speice,
Ley, Tisdel,
Mason, * Towle,
McCann, Woolworth,
Mr. President. — 17.
So the article was adopted.
The PRESIDENT. The question
is now on referring to the committee
on revision and adjustment.
The motion was agreed to and the
proposition was so referred.
Mr. HASCALL. Mr. President. I
move to go into committee of the
whole on the report of the committee
on miscellaneous corporations.
Mr. GRAY. Mr. President. I move
to amend that we go into commit-
tee of the whole on the subject of
state, county, and municipal indebt-
edness.
Mr. HASCALL. I will withdraw
my motion.
The PRESIDENT. The question
is on going into the committee of the
whole on state, county, and munici-
pal indebtedness.
The motion was agreed to.
So the convention went into the
committee of the whole, the gentle-
man from Richardson (Mr. ShafC)
in the chair.
The CHAIRMAN. The committee
have under consideration the report
of the committee on state, county^
and municipal indebtedness.
The secretary read the first sec-
tion, as follows:
Section. 1. No city, county, town,,
precinct or other municipality or oth-
er sub-division of the State shall
ever become subscriber to the capital
stock of any railroad or private cor-
poration, or make donation thereto,
or aid in the construction of any rail-
road or work of internal improve-
ment, or create or contract any in-
debtedness for any purpose here
specified, unless a proposition so to
do shall have been submitted at an
election held by authority of law and
three-fifths of the qualified electors
voting on said proposition shall be in
favor of the same.
Such indebtedness, inclusive of
any and all similar indebtedness
whensoever created, shall not at any
time exceed ten per cent, of the valu-
ation for taxable purposes of such
city, town, county, precinct or other
municipality or sub-division of the
state contracting such indebtedness.
Mr. GRAY. Mr. Chairman. I
move that when the committee arise
it report the majority and minority
reports back to the convention and
recommend that both propositions
be submitted as separate articles,
and the one receiving the largest
number of votes be inserted in the
constitution.
AID TO CORPOKATIONS
25
HASCALL— GRAY
[August 10
Thursday]
Mr. HASCALL. ' Mr. Chairman.
The Illinois convention embodied a
certain proposition in the constitu-
tion and submitted the other sepa-
rately, and if the one submitted sep-
arately was carried it displaced the
one inserted in the constitution, and
if that is carried it stands. That is
the correct way.
Mr. GRAY. Mr. Chairman. The
motion called for the submission of
both propositions to the voters of the
state; the one receiving the highest
number of votes to be inserted in
the constitution. The gentleman from
Douglas (Mr. Hascall) suggests that
one of these propositions ought to be
embodied in the constitution and the
other submitted separately. It seems
to me that mode is not the most con-
venient or proper; if you are to send
out both these propositions to the
people, send them out untrammel-
ed, so that every voter may have an
opportunity to choose which one he
will adopt, then shall we get a fair
and proper expression. Let the gen-
tleman reflect that the most consis-
tent way is to submit this as pro-
posed to the motion. I hope the
motion will prevail. I have no dis-
position to cut off discussion on the
subject, but I did suppose that this
question of donations to railroads
had been thoroughly and completely
considered ever since we met. And
the whole question has been can-
vassed and considered by members
of this convention from the time
we first came in session until now.
It seems to me discussion will not
throw any further light upon the
subject.
Mr. HASCALL. I am sorry I did
not make myself understood in the
first instance; and if I had made my-
self understood I am certain the gen-
tleman from Dodge would have with-
drawn his motion. I referred to the
Illinois constitution for the purpose
of calling his attention directly to
the plan which would probably be
adopted by the schedule committee
in this convention. I meant to say,
however, that it was absolutely
necessary, under the law we are
acting, that that must be the plan
here, and to show that the motion of
the gentleman is in conflict with
the law now in force for submitting
this constitution, and the separate
sections to the people, I will read
from section ten of the law calling
this convention:
"Sec. 10. The amendments, al-
terations or revisions of the consti-
tutions, shall be submitted to
the people fo'r their adoption or
rejection, at an election to be
called by said convention, and every
person entitled to vote by the laws
in force at the time such election is
held, may vote on the adoption or re-
jection of said amendments, altera-
tions or revisions of the constitu-
tion, and said amendments, altera-
tions or revisions of the constitution
shall not take effect unless adopted
by a majority of the electors voting
at such election."
Now, what is it I propose here—
that we will submit two separate
propositions upon the same subject,
and the proposition getting the most
votes is to stand as the proposition.
Now, no proposition we submit to the
people can be adopted by this law un-
less it receives a majority of all the
votes cast at that election. Both
propositions might get a majority of
all the votes. Farther than that, the
2
26
AID TO COKFORATIONS
Thursday] McCANN-GIBBS [August 10
plan contemplates that if one propo-
sition has more votes than another,
notwithstanding it may not have a
majority, it is adopted. We will in-
sert one proposition in the constitu-
tion, and that is voted upon when the
constitution is voted on, but that
does not necessarily adopt it unless
the section that has been submitted
separately does not receive the en-
dorsement of a majority of the quali-
fied voters, but if a majority of the
qualified voters vote in favor of the
separate proposition, it does take the
place of the one in the constitution.
That is plain, and when you refer to
section ten you see that the motion
the gentleman made, if it should pre-
vail, will avail nothing. I also re-
fer to section eleven:
"Sec. 11. The amendments, al-
terations or revisions shall be so
prepared and distinguished by num-
ber or otherwise, that they can be
voted upon separately, unless the con-
vention shall deem the s?.me unnec-
essary or impracticable. The conven-
tion shall prescribe the form or man-
ner of voting, the publication of the
amendments, alterations or revisions,
the notice of elections, and such other
matters as in their judgment the
best interests of the state may de-
mand."
The only way you can make this
submission valuable is to put one or
the other of these propositions in the
constitution. If one is submitted sep-
arately, and is ratified, it then takes
the place of the one submitted in the
constitution. But, we may make
additional regulations when they
do not conflict with the law.
Therefore, as the gentleman's mo-
tion does conflict with this law, I
shall be under the necessity of oppos-
ing it.
Mr. McCANN. This plan of throw-
ing a number of propositions together
and taking your chances as to how
they come out, may be an easy mat-
ter to get rid of a very important
question; but I apprehend, sir, it
would not be a very regular proceed-
ing. I move to amend the motion of
the gentleman from Dodge as fol-
lows: "The report of the majority of
the committee is hereby adopted as
an article of the constitution, and the
report of a minority of the said com-
mittee, shall be submitted separately,
and, if adopted, shall take the place
of the article inserted herein." I
think that nothing can be plainer
than this general proposition — that
every voter in the state is either in
favor of one or the other. Now, then,
incorporate one, either the majority
or the minority, and submitting them
separately gives this privilege to
every qualified elector of the state.
If he is opposed to the report of the
majority which would be in the con-
stitution, he simply votes to adopt
the vote of the minority, and there-
by has a voice. If a majority were in
favor of this majority report, it is al-
ready a part of the constitution and
the other article, which is separately
submitted falls to the ground. I be-
lieve this is the only mode by which
we can reach this. I believe a ma-
jority of the people of the state have
made up their minds upon this ques-
tion, and are only waiting for an
opportunity to vote upon it.
Mr. GIBBS. We will suppose that
there are 10,000 votes cast for the
(constitution, which of course includ-
ed the majority report, and 6,000
votes for the minority report, which
SUBMISSION OF AMENDMENTS
GRAY-KIRKPATRICK f August U)
Thursday]
is more than half the number cast
lor the constitution, which will car-
ry?
Mr. McCANN. I think I can satis-
fy the gentleman. If 10,000 persons
are voting and 6,000 vote for the
minority report, it certainly takes
the place of the majority report, and
becomes a part of the constitution,
because 6,000 is clearly a majority
of the voters.
Mr. GRAY. The gentleman from
Douglas (Mr. Hascall) thinks, by this
section, if the two propositions are
submitted, the one will run against
the other, and if both propositions
get a majority of all the votes cast
both propositions would prevail.
Now, I do not think so, in this case
any more than in the other. If that
were true it would also be true that
if you submitted the majority report,
together with the constitution itself,
and the minority report independent-
ly, the constitution itself would un-
doubtedly receive a majority of all
the votes cast. Both would have re-
ceived a majority and the same rule
would have to apply in one case that
does in the other. Now, how does the
gentleman from Otoe propose to get
along with this? He makes a practical
proposition — simply to provide in
the schedule that if the proposition
submitted independently — the mi-
nority proposition — receives a ma-
jority of all the votes cast, that that
shall take the place of the proposition
contained in the constitution. The
proposition contained in the consti-
tution should receive 5,000 votes
more than the otae submitted separ-
ately. Now, if that mode of proceed-
ing is good in the one case is it not
in the other? Of course it is. Be-
cause, if it can be arranged by the
schedule in the one case it can in
the other. We can just as well pro-
vide in the constitution that the pro-
position receiving the largest number
of votes shall be the constitutional
provision, beyond all question. The
only difference I can see is, that one
is embodied in the constitution, and
has some advantage over the one
which is submitted independently.
Still I am inclined to think there is
not much in this, one way or the
other. I am inclined to think that
the proposition of the gentleman
from Otoe (Mr. McCann) would ac-
complish about the same result as my
proposition.
Mr. KIRKPATRICK. Mr. Chair-
man. I will take the opportunity of
making a kind of general explanation
on the subject of these reports. I
will start out by saying that the ma-
jority report was the report of the
committee. The minority report
was not concurred in, of course, by
the majority of the committee, but
leave was given to make the report.
Now, sir, if I understand the motion
of the gentleman from Otoe (Mr.
McCann) I see no objection to it. I
deem his proposition very fair and
just. The committee simply report-
ed, asking that a certain proposition
be submitted to be voted upon, at
the same time the constitution was
voted upon. If the majority vote in
favor of it, then it should become a
part of the constitution. If the ma-
jority do not vote in favor of it, then
of course the majority report becomes
a part of the constitution. It has
28
SUBMISSION OF AMENDMENTS
Thursday]
been said here, that most people have
already made up their minds upon
this question. I desire they shall
have a full opportunity to express
themselves.
Mr. ROBINSON. Mr. Chairman.
I would like to make a motion, to
amend the section in the majority re-
port if it is in order.
Mr. GRAY. I think it will not be,
Mr. Chairman, until this amend-
ment is disposed of.
Mr. MAJORS. Mr. Chairman. I
understand the proposition to be that
one of the reports is to be embodied
in the constitution and the other is
to be submitted separately. I have
some little objection to the majority
report being embodied, which is this,
it appears to me that if the majority
report is submitted in the constitu-
tion, and I am called upon — as of
course I will be — to support that con-
stitution, I would vote upon the pro-
position as it stands in the constitu-
tion. Then there is the report of the
minority, which I will vote for too.
Now, the question is, if I vote for the
constitution with the majority report
in it, don't I vote for the majority re-
port? Then if I vote for the minority
report, have I done any more for the
minority than I have for the ma-
jority? I cannot comprehend the
logic of those who say this is the way
to dispose of the matter. I don't like
to be placed in a position where I
must support a measure, and yet not
support it. Believing as I do, not-
withstanding the arguments that I
have heard on this subject, I am not
satisfied in my own mind with re-
gard to it. Suppose a thousand votes
are cast for the constitution with the
[August 10
majority report in it. Then six
hundred of these voters vote in favor
of the minority report as it is submit-
ted as a separate article. Do the
thousand votes count as cast for the
majority report, or do only the four
hundred, which were not cast for the
minority report?
Mr. HASCALL. Mr. Chairman. I
am sorry that a gentleman who has
had so much experience cannot com-
prehend this proposition. He has
been furnished with a copy of the
new constitution of the state of Illi-
nois. By referring to that he will
see that this matter is made very
plain. One proposition is embodied
in the constitution; the people vote
for the constitution, but they vote
with a qualification. They can vote
for the constitution, and for the ma-
jority report, which is embodied
therein, or they can qualify that vote,
by not endorsing or voting for this
particular proposition. Then he can
vote for the proposition contained in
the minority report, and if it receives
a majority of all the votes cast, it
will become a part of the constitution,
insead of the majority report. The
ticket he puts in the box in favor of
the adoption of the body of the con-
stitution, is qualified so that he
does not vote to retain every sec-
tioin therein, but he does vote abso-
lutely for every section which is not
submitted separately, and then he
votes that the separate proposition
shall go in the place of the one em-
bodied in the article. T will take
the illustration used by the gentle-
man from Nemaha, (Mr. Majors) a
thousand voters vote on the main
body of the constitution, but there
ROBINSON-MAJORS— HASCALL
AID TO CORPORATIONS
29
Thursday]
HASCALL— WAKELEY
are six hundred of the thousand, who
say they will take the constitution
with the exception of this one section,
and they vote for the proposition
which was submitted separately,
-while the four hundred vote for the
proposition embodied in the constitu-
tion. Therefore, the section submit-
ted separately receives a majority of
the votes cast, and it is put into the
-constitution, and the other proposi-
tion is rejected. This form of sub-
mission was proposed at the time the
law was drawn calling this conven-
tion. You vote on the different pro-
positions, and if the voter strikes out
one, that is a vote against it; if he
leaves it upon the ticket he votes for
it.
Mr. WAKELEY. Mr. Chairman.
If the committee will give me their
attention for a few minutes, I will of-
fer to explain the view which the
committee took of the matter as I
was the member that drafted the sec-
tion which it is proposed to submit.
It will be remembered in the first
place that this section simply con-
tains the provision upon which bonds
are to be given. Mark the reading of
the section.
ARTICLE
"Sec. 1. No city, county, town,
precinct or other municipality or oth-
er sub-division of the state shall ever
become subscriber to the capital stock
of any railroad or private corpora-
tion, or make donation thereto, or
aid in the construction of any rail-
road or work of internal improve-
ment, '^^ nvoQto nr onr\fmof any iti-
debtedneSS f'^T^ anv niivnr»c50 harfiin
specified, unless a proposition so to
do f?hall have been submitted at an
election held by authority of law and
three-fifths of the qualified electors
[August 10
voting on said proposition shall be
in favor of the same.
Such indebtedness, inclusive of any
and all similar indebtedness when-
soever created, shall not at any time
exceed ten per cent, of the valuation
for taxable purposes of such city,
county, town, precinct or other mu-
nicipality or subdivision of the state
contracting such indebtedness.
No,r shall an aid be ?<iyeij to r>ny
railroad company or for the contitruc-
tion of any railroad, or any indebted-
ness be created or contracted for such
purposes, unless the line of the rail-
road shall have been definitely lo-
cated, and shall be specified in the
proposition voted upon."
Now, sir, we specify in this sec-
tion the limitation under which this
matter may be extended, the terms
and conditions, then we propose to
submit to the people a proposition to
vote whether they will issue bonds or
no bonds, aid or no aid, and if a ma-
jority voting on this question vote for
the issuing of bonds, or giving aid,
then this section fixes the manner 'n
which they shall be issued; but if a
majority vote against it, then none
shall be issued. In voting for the con-
stitution we vote for it as a whole,
but if a majority vote against the
issuing of bonds then this section will
not go into effect, or becomes inope-
rative. I don't see how it can be sub-
mitted in any other way. Let us
make this perfect and then submit
the question separately whether It
shall be the law or not. Suppose on
the question of adopting the consti-
tution there are 15,000 votes cast
and 10,000 of them should vote on
the separate question to permit the
issue of bonds, a majority of the votes
cast, then this section will be of full
30
AID TO CORPORATIONS
Thursday] MASON-BOYD— ROBINSON [August 10
lorce, it must be decided by the votes
of the people.
Mr. MASON. Mr. Chairman. I
don't see any difficulty in submitting
this question according to the propo-
sition of Judge Wakeley. Before this
question is voted on there are gentle-
men here who desire to move certain-
amendments. I therefore hope the
motion will be voted down until we
have some opportunity of offering
amendments.
It is well understood this ques-
tion directs some attention, and ex-
cites some interest in the state. That
is evidenced by the various memori-
als presented to this convention. I
want to have an expression of the
people on this subject.
Mr. BOYD. Will the gentleman
from Dodge (Mr. Gray) withdraw his
motion and let us amend the pro-
position?
Mr. GRAY. Mr. Chairman. I
withdraw my motion.
Mr. ROBINSON. Mr. Chairman.
I move to insert at the end of the
section these words, "Such indebted-
ness shall never exceed $5,000 per
mile of the proposed railroad, and
shall in no event be payable until
such railroad or a part thereof is
completed and ready for the rolling
stock, and only in proportion to the
part so completed."
Mr. BOYD. Mr. Chairman. If
this amendment is adopted it is giv-
ing more than any friend of the meas-
ure asked for. It will allow railroads
to receive $5,000 per mile. I think
all the friends of county aid to rail-
roads ask for is about ten per cent
under certain restrictions, and limi-
tations, therefore I oppose the amend-
ment of the gentleman from Lancas-
ter (Mr. Robinson.)
Mr. ROBINSON. Mr. Chairman.
What I desire to do is to obviate the
difficulty heretofore felt. When the
Midland Pacific Railroad proposed
to come through this county they
claimed they were unable to complete
their railroad before receiving aid,
and this county was determined not
to give it. What I desire is that
counties may vote in such manner as
to pay them when they desire. For
instance, when they have completed
five miles let them take their bonds
in proportion to the amount of road
completed. I am unwilling that any
county should ever vote one dollar
aid and hand it over until they get
value received for the amount they
pay.
Mr. MASON. Mr. Chairman. I
move to amend the amendment by
adding, "and the aggregate amount
of such indebtedness shall never ex-
ceed ten per centum of the assessed
valuation of the county."
Mr. ROBINSON. Mr. Chairman.
I accept the amendment.
Mr. MASON. Mr. Chairman. I in-
sert this so as to say specifically that
the entire aggregate aid to all the
roads shall never exceed that amount.
All I desire, in the amendment is to
put it beyond question of judicial
counteraction. That is all. It may,
I think, as I said to the gentleman
from Lancaster, be construed. And
to make it perfectly safe, I express it
in so many emphatic words, so that
this question might never be raised.
Mr. TOWLE. The amendment, as
AID TO COEPORATTONS
31
Thursday]
offered by the Chief JiiKtice. would
conform with the wishes and desires
of gentlemen who are in favor of this
general proposition to railroad cor-
porations. I do not think there will
be any probability of any county glv
ing aid to any company before they
have value received. I would give my
adherence and vote to the amend-
ment of the gentleman from Otoe.
Mr. HASCALL. It will not do to
adopt that amendment of the gentle-
man from Otoe, for this reason — that
this indebtedness is contemplated
for other purposes than the construc-
tion of railroads. I call the atten-
tion of gentlemen to the reading of
this section:
"Sec. 1. No city, county, town,
precinct or other municipality or oth-
er sub-division of the state shall ever
become subscriber to the capital
stock of any railioad or private cor-
poration, or make donation thereto,
or aid in the construction of any rail-
road or work of internal improve-
ment, or create or contract any in-
debtedness for any purpose herein
specified, unless a proposition so to
do shall have been submitted at an
election held by authority of law and
three-fifths of the qualified electors
voting on said proposition shall be in
favor of the same.
Such indebtedness, inclusive of any
and all similar indebtedness when-
soever created, shall not at any time
exceed ten per cent, of the valuation
for taxable purposes of such city,
town, precinct or other municipality
or sub-division of the state contract-
ing such indebtedness."
Now, that contemplates aid for a
canal company just as much as it
does for a railroad; also to a private
corporation for other purposes. Now,
when he adds that clause and says
"such indebtedness," it applies to
[August 10
indebtedness for all these purposes.
If he would commence the amendment
by saying "any such indebtedness
contracted for the construction of a
railroad," then it would be satisfac-
tory. If he does not do so, then I
would move to amend. I do move to
amend so that it commences "Any
such indebtedness contracted for the
construction of a railroad."
Mr. STRICKLAND. I move the
committee rise, report progress, and
ask leave to sit again.
The motion was agreed to.
Mr. SHAFF. Mr. President. The
committee of the whole have had un-
der consideration the report of the
Committee on State, County and Mu-
nicipal Indebtedness, report progress
and ask leave to sit again.
Mr. LAKE. I move we adjourn.
The motion was agreed to.
So the convention, at twelve o'clock
and ten minutes adjourned.
AFTERNOON SESSION.
The convention met at 2 o'clock
and was called to order by the Presi-
dent.
* Resolutions.
Mr. BOYD. Mr. President. I de-
sire to offer a resolution.
The secretary read the resolution,
as follows:
Resolved, That this convention
takes pleasure in extending the privi-
leges of the floor to the Hon. J. Ster-
ling Morton, of Nebraska City, also
Mr. Morton, of Michigan and Mr. No-
ble.
The resolution was adopted.
HASCALL— SHAFP—LAKP]
i
32
AID TO CORPORATIONS
Thursday]
Committee of the Whole.
State, County and Municipal Indebt-
edness.
Mr. GRAY. Mr. President. I
move we go into committee of
the whole for the con bid-ration of xhe
article on State, Conrtv and Muni-
cipal Indebtedness.
The motion was agrecH to.
So the convention went into the
cominittee of the whole, with Mr.
ShafU in the chair.
The CHAIRMAN. When the com-
mittee rose we had under considera-
tion, the amendment offered by the
gentleman from Lancaster iMr. Rob-
inson) which reads:
"Such indebtedness shall never ex-
ceed $5,000 per mile of the proposed
railrolad and shall in no event be
payable until such railroad or a part
thereof is completed and ready for
the rolling stock, and only in propor-
tion to the part so completed."
The question is upon the adoption.
The amendment was agreed to.
Mr. WILSON. Mr. Chairman. I
move to strike out the words '"three-
fifths," in the fifth line, and insert
the word "majority,"
Mr. SPRAGUE. Mr. Chairman. I
move to amend the amendment, by
inserting the words "three-fourths."
Mr. KIRKPATRICK. Mr. Chair-
man. I hope the amendment will not
prevail. I think it would be better,
really, to vote down, both the amend-
ment, and the amendment to the
amendment.
Mr. MAXWELL. Mr. Chairman.
It seems to me it would be better to
adopt the article reported by the com-
mittee. I am not prepared to say,
that in localities where they have no
[August 10
railroads, and where roads should be
encouraged in order to have them
built, that the people should not be
permitted to vote them aid. I think
that if three-fifths of the community
are in favor of the proposition, I
think we should not object. While I
am opposed to all monopolies, I say
that railroads ought to be encour-
aged. The counties west and south
of us must have railroads, and the
people had better give ten per cent,
of the profits on their labor than to
go without railroads. They increase
the value of property, and the men
who encourage railroads to pass
through their section of country, are
repaid ten fold.
Mr. PHILPOTT. Mr. Chairman. 1
hope the amendment may not prevail.
I can vote for the article as report-
ed by the committee, but I can barely
vote for it. I have an objection to
the whole matter, and that is this:
I believe that the whole thing is
wrong in principle, I deny the right
of this convention or the people them-
selves to form a provision whereby
somebody may be able to vote away
a person's money to give to somebody
else. I say this thing is wrong in
principle. I know that long ago it
was settled by the people of this
government to give the government
a right to tax the people in order to
sustain itself, and supply the means
of defraying the expenses of carry-
ing it on. It might be said here that
this thing of voting money out of
other people's pockets, was done for
the general benefit. Suppose a man
has a large tract of land. This land
is taxed for the benefit of railroads.
He sells his land and leaves the coun-
GR A Y -M A X WE LL- t»HILPOTT
AID TO CORPORATIONS
33
Thursday]
SPRAGUE— ROBINSON-BO YD
[Auprust 10
try. He has derived no benefit from
the railroad, but has had to pay his
proportion of the tax which helped to
l)uild.
Mr. SPRAaUii. Mr. Chaiima?: I
think there should be a grea'.er nurp-
ber required to vote taxes for bonds
than a simple majority, but if the
gentleman from Johnson (Mr. Wil-
son) will withdraw his amendment, I
will withdraw mine.
Mr. WILSON. I withdraw my
amendment, Mr. Chairman.
Mr. ROBINSON. Mr. Chairman.
I would like to renew that motion to
insert "majority." If it is wrong, the
only way to cure that is to require a
universal vote, if it is not wrong
why require three-fifths? In this
new country where we desire this
aid, and where this aid conduces so
much to the building up of our coun-
try, I believe we should only place
sufficient guards around this to pro-
tect the interests of the people. I
am willing to support this amend-
ment.
Mr. SPRAGUE. Mr. Chairman.
'The amendment has been renewe •
and I again move to insert "two-
thirds" instead of "majority."
Mr. BOYD. Mr. Chairman. I am
in favor of ingrafting the section as
reported by the committee in the
bo'^y of the constitution and against
submitting it as a separate proposi-
tion, and hope none of the amend-
ments will prevail.
The subject of state, county and
municipal aid to railroads is one that
interests the people of Nebraska, at
this time, probably more than any
other that has claimed the attention
of this convention, and our final de-
cision in the premises will affect the
future prosperity of the state to a
greater degree than any other. How
necessary is it. then that we consider
well our action and do nothing that
will have a tendency to retard the
growth of our young and prosperous
state.
In considering the report before us
the only question at issue, is, whether
a county, city or other municipality,
have the right under and by virtue of
the power as corporations to vote
money or credit in aid of railroads.
I claim they have the right, and
to bear me out in that assertion I
will state, that the supreme courts of
seventeen states in the union have so
decided, and the supreme court of the
United States has re-asserted the
principle that there existed by law the
right in counties, cities and town-
ships to tax the people for railroads.
Having the right to aid railroads
the people who are directly interested
should be the judges whether it is
wise or not, and they should be allow-
ed to levy a tax for that purpose as
much so as for any other if a ma-
j jority desire to do so.
I The matter of building railroads is
a matter of great interest both to
the public and to individuals, and it
is for us to consider whether those
municipalities which are most im-
mediately interested ought under
reasonable restrictions be allowed to
grant such aid as they may deem
p-oper; or whether on the other hand
they should be prohibited with an
iron rule in the fundamental law of
our state from granting any aid
whatever.
34
BOYD'S SPEECH ON RAILROADS
Thursday]
There is nothing in our present
constitution on the subject, but the
legislature enacted a law allowing
counties, cities and other munici-
palities to aid any railroad or other
work of internal improvement to an
amount not exceeding ten per cent,
of their assessed valuation. This
has been construed in some instances
by good lawyers to mean that a coun-
ty could vote and issue bonds to the
amount of ten per cent of its valua-
tion to one company, afterwards vote
and issue bonds to the amount of ten
per cent, of its assessed valuation to
another company and so on to every
company it chose. Equally good law-
yers have given as their opinion that
bonds issued under that law are
worthless, but I have not the least
doubt but all bonds issued will be
paid if they are held by a third and
innocent party. We should settle this
question in our constitution and say
whether bonds can be issued or not.
Then if allowed to be issued they will
bring a higher price in the market,
enabling the company receiving them
to put one dollar in value in the
county for every dollar's indebted-
ness created.
Men well versed in the manage-
ment of railroads have estimated
that a strip of land ten miles in width
with settlements like some of the
older states will support one; but
suppose we say twenty miles wide,
that would give every county in our
state a railroad and I believe if we
adopt the liberal policy we should,
in the next ten years every county in
the eastern half will have a railroad.
It is well known to every gentle-
man present that the greater portion
[Augrust 10
Of our state is a vast prairie, with
timber in very limited quantities, and
I have not yet learned of coal being
found sufficient to pay for working.
The greater portion of the interior Is
also without stone, so that all we can
boast of with which to build up a
great state is our agricultural
and pastoral resources — our living
streams of pure water, and a climate
that cannot be surpassed. Almost
every other state in the union, has
had the advantages of timber, stone,,
and coal in abundance, and very
many have had navigable streams and
lakes to bring their supplies and car-
ry their produce to market, and the
early settlers managed to get along
comfoTtably, as they then thought,
without railroads; but the case is
quite different with us, we are de-
pendent upon them for our future
prosperity and a great measure owe
all we are today to them. We need
railroads to develop our resources,
build up our cities and towns, our
churches and schools. They are the
great civilizers of the age. Take the
river tier of counties in our state
and nearly every one of them have
loaned their credit in aid of rail-
roads: Richardson, Nemaha, Otoe,
Cass, Douglas, Washington, Dodge,
Lancaster and many other counties
have bonded themselves in aid there-
of and I am sure they have all been
benefitted by the operation. Burt,
Dakota, Dixon and other counties
have offered and are anxious to loan
their credit could they secure the
advantages and benefits of a rail-
road by so doing.
Do the members of this convention
who rei)resent the most populous
BOYD
BOYD'S SPEECH ON RAILROADS
35
Thursday]
counties in the state — counties that
have voted aid — in many instances
I admit — to a greater extent than
they should have done; do they wish
to prohibit other counties that need
railroads, and are today suffering
for the want of them from aiding
them if a majority of the voters so
wish ?
Mr. Chairman. I am not in favor or
prohibiting the people from exercis-
ing this right — the same right that
nearly all the older counties have
availed themselves of. Neither am I
in favor of allowing them to involve
themselves in what might be a dan-
gerous expenditure, but I am in fa-
vor of adopting some middle ground,
say to an amount not exceeding ten
per cent, of the assessed valuation, if
a majority of the voters vote therefor
at a general election.
We are all aware that large quan-
tities of land (especially in the new
counties of the state) is owned by
non-residents and speculators, wait-
ing to have the public spirited citi-
zens who are residents, build church-
es, school houses, bridges, wagon
roads and railroads in order to en-
hance the value of their property
which in many instances it does from
fifty to one hundred and even three
hundred per cent. They will not im-
prove their land neither will they sell
it, and I would like to know in what
way we can reach such, only by
equal taxation. Gentlemen say let
those persons build railroads that de-
sire to do so. That the majority
have no right to vote money out of
the pockets of the minority for that
purpose. The non-resident receives
no direct benefit from the schools you
[August 10
build, he cannot send his children to
them; he receives no direct benefit
from the wagon roads and bridges
you build, he never passes over them,
still you tax him for it; but he does
receive benefit from all such improve-
ments by the increase in the value
of his land and he should be made to
pay his proportion of the expense and
the only way you can make him is
by taxation.
Gentlemen who oppose giving aid
are quick to preceive and point out
all the supposed injuries arising from
the policy and are so blinded with
hatred towards anything bearing the
name of railroad that they cannot
see any of the benefits. Now, Mr.
Chairman, I would like to ask what
would our state be today had a clause
prohibiting counties, cities and other
municipalities from aiding works of
internal improvement been engrafted
in our constitution? Why, sir, had
it not been for the liberal policy pur-
sued we would not have had a mile of
railroad in our state except those
which received aid from congress. A
short time since Gov. Dennison of
Ohio in a public speech in this city
stated that Ohio had a prohibitory
clause in her constitution, and that
from the day of its adoption, im-
provements in the way of railroads
had ceased. That unfinished lines
had never been completed and the
people are clamorous for relief from
that restriction. He is a non-
resident of our state, a large land-
holder, and desires to be taxed to aid
in building railroads.
But, sir, let us look at the benefits
to be derived. By building railroads
our land is more than doubled in val-
BOYD
36
BOYD'S SPEECH ON RAILROADS
Thursday]
BOYD
[August 10
lie; the grain raised is worth to the
farmer from five to ten cents per |
bushel more; there is a saving on the ;
lumber in his buildings from five to
ten dollars per thousand feet. He
saves on all the necessaries of life
and receives more for what he pro-
duces by having cheap transportation.
And it has been decided by some of
the best financiers and railroad man-
agers in the country that one cent
saved to the farmer on each bushel
of grain increases the value of his
land one dollar per acre.
The majority of the railroads in
the west do not pay. it is only the
grea" trunk lines that are making
money. Very few roads are now
bu'lt with the expectation of mak-
ing them pay at first. With all the i
aid our local roads received, we have I
found it very difiicult to complete \
them, and I know there is not one I
of them paying more than running [
expenses, and that it will be ten years I
before some of them will pay inter-
est on the money invested. The ques-
tion may be asked why are they .
built if they do not pay? Well, sir, j
I will explain that. In the first place I
the approximate estimate of the cost
of the work is ascertained, the coun-
try through which the road is to pass
is examined, the amount of grain and
produce that will necessarily find a
market over it. the freight and pas-
senger traffic is ascertained as near :
as possible. An estimate is then
made of the aid they expect to re-
ceive, and if it is found that the
amount expected to be received
for freight and passenger, together :
with the aid, is sufficient to oaj ,
a per centage on the cost, until such \
time as the receipts will; the road
will be built, otherwise not.
It is sheer nonsense to talk of rail-
roads being built through a country
like ours as fast as required. Capi-
talists will never put their money in
any enterprise unless they see or
think they see a corresponding bene-
fit, and there is no gentleman in this
convention, how little soever he knows
of the management of railroads, but
must know there is not a local road
in our state thai" i.s p:^.ving. \s I said,
before, capitalists must see or think
they see a fair profit on their invest-
ment before they put money in it and
unless they receive an amount of
aid sufficient together with the
amount they expect to receive from
freight and passengers to remunerate
them they will never build our rail-
roads. Why, sir, you cannot point
to a single mile of railroad that has
been built for the last ten years, with-
out aid. either from the United
States, county, city or otherwise.
Not long since a gentleman own-
ing over 16,000 acres of land in this
state remarked to me that he hoped
the members of this convention
would not alio v.- -heir urejudice.?
against railroads to blind them to
the best interests of the state as to
prohibit counties from aiding them
and that unless they were permitted
to do so he was afraid no railroads
would be built and that he would
willingly pay any tax imposed upon
him for that purpose.
It may be all very well for the
state of Illinois, now that she is cov-
ered with a perfect net work of rail-
roads to prohibit aid to corporations.
BOYD'S SPEECH OK RAILROADS
37
Thursday]
but had she adopted such a policy-
twenty years ago what would she be
now? Do you think she would be the
fourth state in the union? No, sir,
she would not have attained the
proud position, she now occupies, I'or
fifty years to come. Shall Nebraska
then pursue such a suicidal po'icy, or
shall she foster and aid railroads and
other works of internal improve-
ments, and take the proud position
at an early day among her sister
states she is one day destined to at-
tain?
People will not settle in our prai-
rie country unless there are lines of
railroad near them or unless lines are
contemplated and expected to be com-
pleted very soon. Do you think, Mr.
Chairman, that the settlements in our
state would be as widely extended as
they are did the hardy sons of toil
think they would not soon have a
railroad near them? No, sir, and ^lieir
unanimous wish is for railroads, and
that as soon as possible. If we do
not allow the counties that are with-
out rairoads to aid in building them,
it will retard their growth for an in-
definite period of time, and I am well
satisfied it will be several years be-
fore many of them will have the ad-
vantages of cheap transportation.
Suppose a large majority — say
three-fourths if you please — of the
voters of a county were in favor of
loaning their credit in aid of rail-
roads or any other work of internal
improvement, and that a large
amount of the land in the county was
owned by non-residents, would it be
justice to compel so large a majority
to do without the convenience and
benefit of railroad communication or
[August lO'
subscribe themselves, and allow those
who are equally benefitted to pay
none of the expense? What kind of
justice would there be in that mode
of procedure?
When I look back to what the Ter-
ritory of Nebraska was fifteen year&
ago when I first put foot on her soil
— when her population was less than
12,000 — when the only inhabitants of
her broad prairies was the untutor-
ed Indians — when there was not a
railroad within two hundred miles of
her borders, and see what she is now,
with her 200,000 people, her eigbTi
hundred miles of railroad — the vast
extent of her rich prairies already
yielding the bountiful harvest; it
is so far in advance of my most san-
guine expectations that I am filled
with wonder. Especially so, Mr.
Chairman, when I take into consider-
tion that eight years ago her popu-
lation was not over 2 5,000. But if
our state has advanced with such
lightning strides during the past
eight years, now that she is becoming
known and appreciated, how much
more rapid will be her progress in the
next ten years.
It has been frequently stated by
members of this convention that we
have the most munificent school fund
of any of the states. If we invest it
judiciously Nebraska must soon be
celebrated for her educational insti-
tutions. And next to our institu-
tions of learning", I consider rail-
roads the great civilizers and educa-
tors of the age. I regard works of
internal improvements to be funda-
mental in character and that our so-
cial and national prosperity, our in-
tellectual and moral progress, depend
BOYD
38
MASON'S SPEECH ON RAILROADS
Thursday]
upon, and in a great measure is due
to them. History teaches us that
those nations that engaged in works
of internal improvements and foster-
ed the material interests of the coun-
try have always advanced most in in-
tellectual, social and moral progress.
If we will only then pursue a liberal
policy towards our works of internal
improvements, our course will still
be onward, and the rapidity of our
progress will excite the astonishment
and admiration of our sister states.
Mr. MASON. Mr. Chairman.
There was a time when the name
of King was hateful to the whole
American people. When our fore-
fathers rebelled against British ty-
ranny, they came to couple in their
minds, with their dislike of oppres-
sion, an aversion to the very title un-
der which tyrannical power had been
personified.
But now we hear constantly of
Railroad Kings, just as if Railroad
Kings were any less odious than poli-
tical kings.
We want no kings of any kind in
America; neither political kings nor
railroad kings.
if the power of the great railway
corporations be not curbed, and re-
pressed and lessened — and ]that right
speedily — we fear it will be difficult
to preserve the liberties of the people
in opposition to them.
Such aggregations of capital are
always, naturally and inherently, un-
favorable to popular interests and
rights. We do not say that the col-
lection and concentration of capital
may not sometimes be made to con-
tribute to the public good; but then
[August 10
it should be regulated and controlled
by the strong hand of law. It should
also be vigilantly and always watch-
ed, as liable, at all times, to assume
the character of a public enemy.
Our great railway corporations al-
ready elect state legislatures. These
legislatures make laws, and exert
more or less power over state judges..
At any election of president they
may be able to turn the scales, in
favor of the one candidate or the
other. Presidents appoint Federal
Judges, and thus the National courts
may be reached.
The Railway power is the most
dangerous power existing in this
country today. To make this fact
generally realized, is the first step
toward effecting the reduction of that
power.
I start with this fundamental pro-
position and admit it is for the pub-
lic good to build a railway. It is
said by the gentleman (Mr. Boyd)
it enhances the value of real estate.
Does it not likewise enhance the value
of real property in j^our midst to
build a manufactory of agricultural
implements? Does it not increase
the aggregate wealth of the state,
and is it not a real benefit to the com-
munity when the same is located,
and because it does this shall you
take the property of individuals by
taxation to accomplish this result?
Is it right to do so? Why, sir, I un-
dertake to say today if Otoe county
had given her $400,000 in bonds
that she has given to railroads, and
secured a manufactory of agricultu-
ral implements upon her hillsides,
and woolen mills and plo\w factories
MASON
MASON'S SPEECH ON RAILROADS 39
MASON [Auffust 10
Thursday!
within her borders that enter into
the daily consumption of life, she
would have been richer by far than
she is with her railroads. What man
is there so bold that he would take
the private property of the individu-
al to build one of these manufacto-
ries. No such individual can be
found. The only argument used by
the gentleman is that railroads en-
hance the value of property, so also
does the woolen mill and manufac-
tory of implements, so also does the
hotel that is built in a town, and
whoever heard of taking individual
property to accomplish this result.
Again, it is either right or wrong,
one of the two must be self evident,
and if wrong it has its origin in the
brain of selfish and interested mortali-
ty and must eventually die. If it is
right it must live. If it is wrong it
must die. Now, sir, experience in
Illinois shows it was wrong, and it
died there the death of the fallen. It
is dying everywhere where communi-
ties have felt the power of this evil;
and because we are young they say
you should engraft this evil upon us
in all its injurious consequences, and
without restriction. Why, sir, where
do you get the right to tax me to
build a railroad, and then charge me
for every mile I ride over it, and for
every pound of freight I send across
it? The gentleman says we are tax-
ed for schools, the railroads are edu-
cators and civilizers, and therefore
we should be taxed to build them.
Are not our schools free to the rich
and the poor, the high and the low?
Are your railroads free to all? What
sophistry is here resorted to? Why,
sir, we make our schools free to
everybody. Because we say tnai
education makes the man and wo-
man and men m-l women make the
state. Now, Mr. Chairman, tell me
where you get the right to tax for
private railroads and for pri-
vate purposes, for taxes are property,
nothing else, you take my property
and you give to a corporation, or
you give it to an association of men
against my will. How do you propose
to do this? By a majority vote of
my neighbors. Why, sir, this is an
invasion of the rights of private pro-
perty that can find no foundation in
truth and justice. Suppose that a
majority of my neighbors should con-
ceive the idea that they would tax
me out of existence to improve our
county or build a railroad, they each
being worth a hundred thousand, and
I but a fourth of the sum and in dis-
tress for money. They vote the tax
and I am compelled to sell to them
to realize the money and am thus
taxed out of existence. Besides, sir,
go back to the state of Iowa, look at
her history for the last year; where a
majority vote was enabled to pass
upon the people just as much rail-
roads bonds as they choose. What
is the condition of things there? The
state is in open war and rebellion
against the burden of taxation. Why,
sir, on the line of one county, a farm
situated within the county thus bur-
dened with debt will scarcely sell
for ten dollars per acre, and just
across the street, with like improve-
ments or ^similarly situated is worth
one hundred and fifty dollars per
acre, and yet the proposition is to let
the majority carry this question.
Again, who is it that votes these tax-
40 MASON'S SPEECH ON RAILROADS
Thursday] MASON
es? What proportion of the people
who pay, vote at these popular elec-
tions to carry these questions of
bonds or no bonds? Is it the men
who pay, or the men under the di-
rect control of the proposed improve-
ment, that never expect to pay one
dollar, that fastens this debt upon the
tax payers? It seems to me this
reason alone should induce this con-
vention to put a safe restriction of
not less than three-fifths of all the
votes cast upon that proposition. I
do not expect my views will be
written in this constitution upon
this subject and upofQ that as a
question of improvement. I may
be wrong, I do not propose to de-
bate it. I plant myself upon the
eternal right that you have no right
to take the property of A and give it
to B to enable G to build a railroad
and give him the entire and supreme
control of that road, and tax Mr. A
whose money you have taken to con-
struct it, let Mr. B charge what price
he pleases for carrying A, his family,
and freight over it. You have no
right to do it simply because it de-
velops and improves the country. I
do not stand here to deny that rail-
roads improve the country, I stand
here to admit it and assert that so
also does every work of internal im- i
provement. So does the building of
farm house, the store house, the
erection of manufactories and, in
short, every single stroke of labor
that adds material wealth to the soil
or develops the country, adds to the
aggregate wealth and development
of the state, but because it does that
must we take the private property of
A to accomplish this result? No, sir.
[August 10
it is wrong. It is wrong in principle.
Show me where it is right. You tell
me I can ride over a railroad if I
pay my money, so I can in the stage
coach. And would you tax me, and
take my money to buy the coach and
horses, and then give it to A or B?
No, sir, I think not. But let me
turn to the proposition now in hand.
Take this question in my own coun-
ty, if you please. About two-thirds
of the people live in the country, and
one third in the town. The town
always casts a larger vote. Why,
sir? When, then, there is a proposi-
tion to carry bonds, before the peo-
ple, every dram shop sends out its
members who are waiting there anx-
iously to secure the cursed drink, just
like the young robin waiting for the
old bird coming home with the
worm ; and when the proposition is
submitted you always find these men
I at the polls to vote. And where are
the men who have to pay? Frequent-
ly upon their farms, or attending to
their business. They are not of those
who come and go at the beck and call
of these money powers. Now, ought
not we to give to these men the safe
guarantee of a three-fifths vote? I
ask the convention to do this. I de-
sire to expose another specious argu-
I ment offered by the gentlemen.
River towns have but one interest to
serve, and that is to extend the lines
of their railways into the far west,
that they may bring the commerce
of the west into their laps. Hence
every county bordering on the river
naturally would be in favor of tax-
ing those western counties to the last
dollar to extend these loans to rail-
roads, and, sir, instead of their in-
MASON'S SPEECH ON RAILROADS
41
Thursday]
terest lying and being opposed to,
every interest they have in the world,
it is directed to secure the greatest
amount of municipal aid on the part
of the western counties. Why? Be-
cause they are extending these rail-
roads to the western counties and
they are adding to their own inter-
ests. This, sir, was an unfortunate
argument for the gentleman from
Douglas; and I only name this to ex-
pose the fallacy, and illustrate the fact
that the interests of Otoe and Doug-
las counties alike are used to extend
the lines of railway into the western
country; and I shall not resist the
submission of this question, but leave
it to the people, hoping that the
three-fifths vote may be required and
submit the single proposition. And
I defy any gentleman upon this floor
to show me the abstract right to take
the property of a private individual,
and give it to a corporation. It is
not right.
Mr. McCANN. Do I understand my
colleague to say that moneys have
never been used by any corporation
or private individuals to secure votes
in favor of aid to railways?
Mr. MASON. I say no such thing.
Mr. McCANN. Then, do I under-
stand him to say that suppose Otoe
county has given all the aid to rail-
ways she can it is to her interest to
extend grants to western counties.
Mr. MASON. Yes, sir, you do un-
derstand me to say so exactly. There
is not a banking house or a little
store but sees the necessity of it. It
is so plain that it needs no illustra-
tion at my hands. We have voted
the last dollar. It would be impos-
sible to carry another. And, now, sir,
[August 10
we want to vote all the spoils of
somebody else.
Mr. McCANN. I differ from my
colleague on this one point to this
extent. Supposing my county has
granted all the aid to railroad corpo-
rations that she will grant, or may be
permitted to vote. I do not believe
it is to the interest of my county or
any other river county to unduly in-
fluence a western or new county, to
do the same thing. All I wish to
submit in this proposition, is shall
we grant to counties these same
privileges that we have heretofore
enjoyed. I would grant the same
privilege to every county in regard to
municipal aid, that we have had. I
prefer to have a majority vote, but I
cheerfully accept the three-fifths.
Douglas county has granted aid, to a
great extent, to the Union Pacific rail-
road; to the Omaha «fe Northwestern
railroad in Nebraska; to the Omaha
& Southwestern railroad in Nebras-
ka; and if I recollect, the last session
of the territorial legislature in the
old capitol at Omaha passed an act
authorizing the city of Omaha to
grant $75,000 in bonds to the Chi-
cago & Northwestern railroad for the
purpose of inducing them to com-
plete their road to the river. The
amount given was a much less sum
than that provided. I recollect dis-
tinctly, at that time, urging upon
the delegation from my own county
to unite with the delegation in Doug-
las county, if it was to their interest
so to do. Now, I would say to every
county and town in the state that I
wish them to enjoy the same privi-
lege. Here we have the Nemaha Val-
ley road and railroads being built
MASON— McCANN
42
MUNICIPAL AID TO EAILROADS
Thursday]
up the Republican and through the
Elkhorn valley and along the Platte
river; and the next twenty years
will be running, and what I wish
these people to enjoy during the next
twenty years is just what I and my
fellow citizens of Otoe county have
enjoyed during the last ten years. I
hope this may go to the people that
they may decide for themselves. I
hope this amendment may be adopted
and the question submitted to the
people.
Mr. WAKELEY. T am most thor-
oughly convinced that no argument
upon the abstract question whether
it is right or proper to extend mu-
nicipal aid to railroad corporations,
no discussion upon that subject could
result in any practical good. It is
a question which has been propound-
ed and discussed in court by the bar
and discussed by the judges of the
court. And it would take more time
than this convention has to spare to
exhaust the argument on either side.
For myself, I do not propose to en-
ter into the argument at all. It seems
to be conceded that we will submit
this matter to the people, and let the
argument take place before the great
tribunal — the people of the state.
My own conviction is that we ought
to address ourselves to the practical
question of what shall be the particu-
lar form of this provision in the con-
stitution. Taking that view of it I
leave all discussion of the proposition
spoken to by my friend and colleague,
Mr. Boyd, and by the distinguished
gentleman, the Chief Justice, from
Otoe. The question before the con-
vention is on striking out three-fifths
and inserting, according to one mo-
[ August 10
tion "a majority," and according to
another "two-thirds." Mr. Chair-
man, it is urged with considerable
force by the gentleman from Otoe
that the friends of this proposition
should be willing to require three-
fifths vote of the people, and he gives
good reasons for it. Among them
that the friends of the proposition
are more active in working in its
favor than the opponents of it are
against it; that some votes will be
recorded which do not represent the
taxpayers of the locality; and other
practical reasons are suggested which
lead to the result that the majority
of the votes may obtain, and their
numbers may not be an actual ma-
jority of all the prominent citizens
of the town, district, or county in its
favor. For that reason, Mr. Chair-
man, the committee thought it pro-
per to require, not only an absolute
majority, but a three-fifths vote of
the people of the county. If the pro-
position is submitted to the people
and shall receive a three-fifths vote
it may be taken as a fair representa-
tion of the wishes of all the perma-
nent residents of the precinct. We
are to submit this article to the peo-
ple, and I think that the more we
can keep these corporations within
bounds, the more votes we will re-
ceive for the article. The people
will say that this is keeping- railroad
corporations within bounds; it re-
quires that a railroad shall define its
lines and specify them in the propo-
sition; before the bonds shall be giv-
en. For these reasons, I shall vote
steadily for the three-fifths propo-
sition. On the other hand, Mr.
Chairman, I don't think it is right
W.^KELEY
MUNICIPAL AID TO RAILROADS
48
GRIGGS
[August 10
Thursday]
to require a two-third vote in order
to carry the proposition to give aid
to railroads. Undoubtedly the true
principle is that the majority have
the right to extend this aid, but,
as a matter of expediency, it is no
more than right to say that it shall
. take more than a bare majority to
carry a proposition; but when you
say it shall take a two-thirds vote to
give aid to railroads I think you are
not giving to these corporations or
the majority, their power rights. A
two-thirds vote is such a very large
vote that I think it will override the
rights of the majorities, I think the
three-fifths is a fair medium between
the two. It neither takes from the
people the proper protection which
should be given them, nor does it in-
fringe upon the rights of those who
favor giving aid to railroads.
Mr. GRIGGS. Mr. Chairman. I
don't wish to occupy the time of the
convention in discussing this question,
because I feel satisfied that how-
ever much any member may say, it
will not change a single vote in this
body, for I think every member here
has already made up his mind how he
shall vote, as far as the question of
a majority voting taxes upon the
minority for aid to railroads is con-
cerned; that is a question we will not
argue, as to the abstract right we
might, perhaps, come to the conclu-
sion that the majority, in all cases,
has no right to vote money out of the
pockets of the minority. For in-
stance, we might say that the ma-
jority has no right to vote money to
huild bridges, because there may be
money taken out of the pockets of
those, who, object, or who will de-
rive no advantages from these bridg-
es; as they never travel over the
same. They may live in a foreign
country and yet their land is taxed
in order to build bridges, from which
they receive no benefit. Yet this is
done, and no one attempts to deny
that it is right. Again, it is said by
the gentleman from Douglas (Mr.
Boyd) that we are continually vot-
ing money out of the pockets of non-
residents in order to build school
houses, and this, perhaps, is in op-
position to the principle of abstract
right. But leaving the theory of ab-
stract right out of the question en-
tirely, we do say, that this is noth-
ing more than the same right we ex-
ercise in other ways. We vote money
out of the pockets of the minority,
and they cannot help themselves.
Again, I don't believe that we have
the right to say, that those who wish
to vote aid to railroads shall not be
allowed to do so. We have no more
right, on the other hand, to say that
a vote of three-fifths, shall vote aid
to railroads, than we have to say that
a majority may do so. If three-fifths
have the right to vote money out of
the pockets of the other two-fifths,
then a majority has the same right.
I don't see how we can divide the
line, and say just how many votes, or
what proportion shall be required to
vote money out of the pockets of the
minority. There is no dividing line
that no one has the right to vote
money out of the pockets of the
minority. There is no dividing line
-there can be none, sir. Where do you
find the opposition to voting bonds
to railroads? We know we must have
railroads in the southern and west-
44
MUNICIPAL AID TO RAILROADS
Thursday]
ern portions of the state, or to use
a common phrase, "we are gone up."
Without railroads our emigration
ceases, our trade is ruined — we have
no market for our produce. When my
colleague, Mr. Reynolds, and I come
up to this convention, we are compel-
led to travel forty miles in a stage
coach. I think, if my friend, the
Chief Justice (Mr. Mason) had to
ride forty miles in a stage coach
every time he came here, he would
"cry out of the other corner of his
mouth." (Laughter.) I say that we
should have the same right in the
west that has been given to those in
the east. Mr. Mason comes from a
part of the state, where there ha^
been no aid, as yet given to railroads,
and I undertake to say, that out of
the three delegates who come from
the district he represents, not one of
them is in favor of this three-fifths
proposition, yet the honorable gentle-
man who represents the district (Mr.
Mason) comes here and attempts to
keep these counties out of the rights
that his own county, Otoe, has en-
joyed.
Leave the matter so that we shall
have the right to vote aid to railroads
to a certain amount, say ten per cent
on the valuation of the property in
the county, under certain conditions.
Submit this proposition to the peo-
ple, together with another of entire
prohibition, leave the people to say
which they will have. I believe
that actual prohibition will be car-
ried in the state. It will be carried
by such men as the Chief Justice,
who lives in a county where their
railroads are all built — where they
don't expect to have another mile of
[August 10
railroad laid. The gentleman from
Dodge (Mr. Gray) is also opposed to
granting aid to railroads. Look at
the county he represents, — look at
the town in which he lives — (Fre-
mont,) you will find that his place of
residence has three railroads, the
Union Pacific, running east and west^
the Sioux City from the east and an-
other running north — and those are
all the roads they expect. Those are
the men, who will support the propo-
sition which prohibits counties from
giving aid to railroads. They come
here and say that we, who have no
railroads, cannot aid in building them
unless we get a vote of three-fifths
of the voters in the county in favor
of it. I say, leave it so that the ma-
jority can vote aid to railroads, if
they wish to.
Mr. MYERS. Mr. Chairman. I
will not make a long oration on this
subject. We have been following
in the wake of the Illinois constitu-
tion. Certain gentlemen have adopt-
ed it in every emergency. There is
one section here, which presents it-
self to me with particular favor. It
has escaped the Argus eyes. Those
gentlemen who have worshipped its
provisions seem to have omitted
one, which was adopted by the peo-
ple of that state. I will read it, just
for my own private information.
The gentlemen to whom I have al-
luded need not listen, if they don't
want to.
"No county, city, town, township,
or other municipality, shall ever be-
come subscriber to the capital stock
of any railroad or private corpora-
tion, or make donation or loan its
credit in aid of, such corporation:
Provided, however, that the adop-
GRIGGS-MYERS
AID TO RAILROADS
45
Thursday]
MYERS— STRICKLAND
tion of this article shall not be con-
strued as affecting the right of any
such municipality to make such sub-
scriptions where the same have been
authorized, under existing laws, by a
vote of the people of such municipali-
ties prior to such adoption."
Now, Mr. Chairman, I believe that
this clause contains a good deal of
the experience of the older states,
including Illinois. I believe that it
contains the experience of old men
who have been burnt in the fire by rail-
road bonds, and railroad subscrip-
tions. From 1834 down to 1847, all
the railroads in the United States
were built and equipped from the
rich coal mines in the old states; and
from one city to another, in the
eastern states. They connected dis-
tant cities by iron bands, and this was
done without calling upon the little
villages for their loose change to
help do the work. They do not call for
the offalls of the specie to build and
improve, which everybody believes
to be necessary for the good of the
state, city or county, but every gen-
tleman who was convinced of the
good puts his hand into his pocket
and subscribes for these improve-
ments; and when these improvements
outrun the needs of the country and
they were going to build them the
Lord knows where, only somewhere,
and they resorted to artificial means
to get money to aid them. They
could not get anything through if you
was to read the ten commandments,
the Lord's prayer and the eloquent
speech of my colleague from Doug-
las (Mr. Boyd). We have many rail-
roads in this state, and the end is
not yet, and they are very expensive
toys. There is a rumbling and
grumbling in the community; the
[August 10
farmer is beginning to inquire as to
their interests. Gentlemen tell us
we are getting into trouble. Now,
I am going to give up my rights and
I will give them all the rights that I
have, and to be generous to these
gentlemen, I will give them about five
per cent, to go to ruin on. I don't
believe in voting this money. It is not
right. The objects of government are
simple and pure, and simply to con-
trol the state affairs. To control all
those interests are the legitimate ob-
jects of the governments without run-
ning into all these various minutia.
Now, Mr. Chairman, I have a kind of
attachment for this one principle, and
I hate to give it up. I know that in
the state of Iowa the Hon. Judge
Kinney decided that the voting of
these bonds was unconstitutional, that
was re-affirmed by the supreme court
of the United States.
Mr. STRICKLAND. Mr. Chair-
man. I do not intend to make a
speech, but rise simply to explain my
vote. I live in a county where we
have railroads. I think we now have
about as many railroads as we want,
but, I say that there are counties west
clamoring for railroads and I am
willing to give them the same privi-
lege which we have enjoyed. I have
watched closely the argument of the
gentlemen. Why, sir, the great Pa-
cific railroad is built upon your land
and mine. The United States govern-
ment has given away your property,
and given bonds that you will have
to pay for the building of that road
and other great improvements. Why,
you have to help pay for exploring
the Amazon river, and isn't it right?
What is a railroad? It is a superior
46
AID TO KAILROADS
Thursday]
kind of road. Does one man build
the cliurch? Not so, but the com-
munity for the community, and so
with school houses. Now, the argu-
ment of the gentleman who has just
taken his seat is not an argument
that will bear examination. It is
true, in the old settled states, when
two great cities want to open up a
highway of this kind between them
they can do it. But, today in the west
the railroad is the pioneer. There
were some communities in Indiana
where corn was worth only ten cents
a bushel, they could not get it to
market, and what was the land
worth? $1.25 per acre, and wild hogs
running around eating acorns, but
today the great Ohio & Mississippi
railroad runs through that country
and produce is worth as much there
as it is any where. Fine school hous-
es are dotted all over it, and churches
with their spires pointing towards
heaven. Why, a gentleman was writ-
ing from Canada to a Chicago paper
and it was published in the Omaha
Tribune, and he complained of some
parts of Nebraska because it was too
far from the railroad, and don't we
need to encourage railroads? Don't
we understand how this is to be had?
It was wanted to dig a ditch through
the state of New York. It was done,
and now seventeen grand manufac-
turing cities stand upon the borders
of that ditch. When the people un-
dertook to open this line running
from east to west through the state
of New York, they put their hands
into their pockets and built it, and
does it not add to the worth of the
country? Why, what has made Oma-
ha what she is today? The men of
[August 10
Omaha went down into their pockets
to retain the capitol there. When the
Pacific railroad was to be built they
went down, deep, down to make that
the initial point of that great thor-
oughfare, and again they went down
for the bridge. For the Southwest-
ern, and the Northwestern railroads.
These are great enterprises that no
one man can build. Or if he could
'he would not without help from the
people, and he ought to have it.
W^hy, sir, the gentleman talks
about the old state roads which the
people make and he can pass over
them without having to ask, or pay
any man. If the gentleman wants
to he can ride in the old covered wag-
on, or he can go afoot if he wants to,
but it is pleasanter to go in your
nice carriage, perhaps you think, with
your fine horses, but I think it is
much nicer to have the "iron horse"
hitched to your carriage. Is it finer
to ride with a nice horse and buggy,
or go in the cars forty miles an
hour? How are we to get these en-
terprises? Let the community, if it
wants to, exercise its own discretion,
its own judgment, its own good will.
I say there is no power on the face
of God's green earth that goes along
parallel with civilization, that we
have a right to tie the hands of a lit-
tle county with 150 voters, that will
have 1000 a year from today; throw
around rules; prescribe regulations;
so that they can never let the day-
light of civilization in by having a
railroad through their county. What
right has the gentleman from Otoe
(Mr. Mason) to tie the hands of the
coming millions? I believe in be-
STRICKLAND
AID TO COKPORATIONS
47
STRICKLAND-HASCALL
[August 10
Thursday]
ing a little modest about this thing.
After the county, I, in part represent
has had the benefit of this system, I
am willing to leave those gates open
to the people in coming time, who
will have as good judgment as we
have today. Let them say for them-
selves what they want. For. that
reason and one hundred thousand
others I could give, if time permitted.
I am for railroads and progression,
for school houses and churches, and
for every other enterprize I see going
on today in a civilized land.
Mr. HASCALL. Mr. Chairman. I
am not able to express myself as
clearly and eloquently as gentlemen
who have preceeded me upon this
subject, but consider it my duty prior
to voting to make a few remarks in
explanation of the vote I shall cast
on this occasion, I think, as has
been remarked, it is conceded by a
majority of the members present,
that this question will be submitted
to the people and probably submit-
ted in about the shape the committee
reported the article to the conven-
tion, and, with the decision of the
people on that point, we ought all
to feel content. I am opposed to
inserting this two-thirds provision in
this article. I think three-fifths is a
safe rule, it is as 'legal and proper
if decided by a majority as if decid-
ed by three-fifths, or two-thirds or
three fourths. This has been spoken
of as not containing an abstract
right. Who has claimed there is any
abstract right connected with it?
Who lias argued it upon that princi-
ple? When we speak of abstract
rights we refer to inherent rights,
, and government gets such rights as
the community that forms the gov-
ernment gives them, and no more.
There are certain inherent rights of
individuals, but governments are
formed by individuals yielding some
of their inherent or abstract rights
for the benefit of the community in
which they live. With regard to the
right of government to be so formed
as to tax for the general advance-
ment of the community. When we
put in our constitution a provision
that a majority of the people for the
benefit of the community or govern-
ment, or for the advancement of the
state may vote taxes, then it is a le-
gal right the government has to en-
force the collection of those taxes,
imposed as a question of policy by a
majority of the people composing
the state. Now, if a majority of the
people have adopted a form of gov-
ernment, who is going to rise up here
and talk about abstract rights of in-
dividuals? It is useless to talk of that,
because, if those individuals are part
of the state, members of the state,
and that government is formed up-
on true republican principles, that
is by the voice of the majority, they
must acquiesce in its legal right to
impose it. This is a question of poli-
cy for us to determine, and then sub-
mit our determination to the quali-
fied voters of the state to say wheth-
er we have incorporated the right
policy. I claim that it is a right poli-
cy to give three-fifths of the inhabi-
tants of a county or a municipality
the right to tax themselves for the
advancement of the community and
the state in which they live, under
proper restrictions. Now, I claim this
section does place proper restric-
48
AID TO CORPORATIONS
Thursday]
HASCALL
tions and in that light I claim we
have pursued tihe right policy. I
would be opposed to the state giv-
ing a bonus, as a state, because one
portion of the state might see fit to
require a bonus from the whole state
to advance a locality; therefore, I like
this principle better, because it re-
quires the money to come from the
locality that is benefitted. This New
York and Erie railroad has been re-
ferred to. That was a local work.
That concerned the southern part of
the state of New York and is 400
miles in its extent, and the state gave
a bonus of three million out of its
treasury, and we never heard of the
people there groaning over it. They
have done by themselves just as they
do when they bring their capital
into western country, and when they
come they ought to have the same
inducements, and if localities wish to
vote this aid, they should have the
right under proper restrictions to
give that aid. Every town and
every county of the state is seeking
for railroads, they believe it to be a
good thing and are not private corpo-
rations in the strict sense of the term.
It is true the individuals that com-
pose it are private individuals and
from what is termed a private corpo-
ration, still in the construction of the
road and running it it is quasi pub-
lic and has been regarded as such by
all the jurists in the land. Indivi-
duals have certain rights to go upon
the cars; legislators take the liberty
to regulate these things. Why?
Because it is quasi public. We in-
duce capitalists to come here and
build their roads, and we induce rail-
road companies to come here and
[August 10
start these enterprizes, and the mo-
ment they start a few miles of road
you try to create a feeling against
them. I will go as far as any one to
keep corporations or rich men in
their proper places, and have the
courage to do it under all circum-
stances, and while I am in that situ-
ation and entertain those views I will
never do a rich man an injustice, be-
cause he is a rich man. A railroad
company, simply because they hap-
pen to be a corporation, as the gen-
tleman from Otoe (Mr. Mason) says
without a soul and a heaven to attain
or a hell to shun. The gentleman
has a very happy figure he often re-
fers to, sometimes it comes in very
nice. I like it here, "If you catch
a dog, clip his ears, furnish him with
a brass collar and his name on it, and
set him up as a doggish production,
are you not bound to stand by the
dog?" That is a good proposition
and I admire it. If you induce rail-
roads to come here, set up in busi-
ness, establish an office, get a name
and build the road, as long as they
are not biting anybody, are you not
bound to stand by them, just as a
man is bound to stand by the dog
if the dog does not bite anybody? We
have proposed restrictions here up-
on railroads, probably as safe as any
restrictions ever imposed by any
state upon railroads, and I undertake
to say what we put in this constitu-
tion are restrictions, and not provis-
ions to aid railroads. My colleague
(Mr. Myers) has often referred to
the beauty of majorities, he seems
to take a little different track now.
He has often suggested here he felt
bound by the action of majorities,
AID TO COKPORATIONS
49
Thursday]
and when we propose that anything
should be carried by more than a
majority he says it is against the
principle of our republican institu-
tion. The gentleman from Otoe (Mr.
Mason) tries to get the good will of
the poor man, and, after, will kick the
poor man for the prospects of getting
the good will of the rich man. In
the first place he says if you allow
this proposition, some man worth a
hundred thousand dollars will only
impose a tax upon money and pro-
perty, and skin him of all his pro-
perty, take away all he has and send
him forth into the world as a beggar.
Then, in almost the same breath he
turns round and speaks of the poor,
lazy, drunken men in Nebraska City
who would be the only men to vote
for bonds. I do not regard it in that
light, but that every man is interested
to the extent of his property, and be-
cause a rich man is worth one hund-
red thousand dollars there are no
more burdens put upon him than
there is upon a man worth ten dol-
lars. I know that the gentleman,
upon a former occasion, said it was
almost as great a burden in referring
to the tax on the poor widow who had
property on a street opposite the
rich man. If you levied the tax on
her, her all was gone, she was in
poverty and rags, and she and her
children were thrown upon the world,
outcasts. He shed crocodile tears
and looked around for sympathy;
then more tears followed, and in a
little while that ,part of the hall
where he stands was all wet. (Laugh-
ter.) It is not necessary for me to
follow the gentleman through all his
argument. He is eloquent and we all
August 10
like to hear him, but like other
great men he has great faults.
(Laughter.) But he is so inconsis-
tent that if we follow him we all go
down. Therefore, we tolerate him
and thank him for his glittering sci-
ence. But when he gets into details
he goes by the board. (Laughter.)
And the convention has to take the
counsel of we dull, slow-plodding
men, for the details. But when we
want the sparkling jewels we send
for the great orator from Otoe.
(Laughter.)
Mr. SPRAGUE. There has been
a great deal said upon this question,
althougih I had supposed, from the
action first taken by the committee
that these questions were to be sub-
mitted without discussion, but I have
been disappointed and therefore have
a few thoughts to offer, and for fear
my people might think I sat by si-
lently and did not raise my voice in
behalf of what they believed to be
right, I propose to make a few re-
marks for that reason. It has been
urged here by several members, the
gentleman from Douglas, (Mr. Strick-
land,) being one, that you might just
as well say you could not tax the peo-
ple for the purpose of building a
bridge as to say you had no right to
tax them for building a railroad.
Now, let us see whether those cases
are parallel. I stop and ask the
gentleman when they tax for the pur-
pose of building a bridge, who owns
that bridge? Is it a private corpora-
tion, or a quasi-corporation, or any-
thing of that kind? Or is it the en-
tire public who own that bridge? If
so large a body has an interest and
everybody has the right to pass. But
HASC ALL— SPRAGUE
50
AID TO CORPORATIONS
Thursday]
how is it with the railroad? Is such
the case with that? Not at all. The
rule does not work, gentlemen.
And the gentleman, my friend Irom
Gag"e (Mr. Griggs), sets it upon the
question of abstract right of taxation
of the people. You might say we
had no right to tax people for build-
ing school houses. He, as a member
of a certain school district, owns a
part of a school house. He has a
voice in saying who shall teach and
who shall not.
Mr. GRIGGS. I do not say that
those who live in the district have
no right to tax; but those who live
in another state who have no voice
in the management of the school.
Mr. SPRAGUE. If the gentleman
would say we had no right to tax
anybody who did not live in the dis-
trict, or own property, then the il-
lustration would be parallel, but not
otherwise. As a member of that dis-
trict he has to say whether the peo-
ple shall go together and tax them-
selves for the purpose of building
their own property, but they know no
right that persons living outside, or
have no property in that district,
shall be taxed for the purpose of
building a school house for them.
And so it is with the railroad ques-
tion. The people have no right to
say whether I shall engage in a cer-
tain kind of business with my capital
or not. If they have not that right
shall they say money shall go for the
purpose of building a railroad for
somebody else to manage, in which
I can have no voice, lot, management
or control whatever. If they cannot
say what business I shall engage in
v/ith my own money, shall they have
a right to take my money and put it
August 10
under the control of others among
whom I can have no voice? These il-
lustrations are the reverse. In the
one case I have the right to say, as
much as anybody else, what shall be
done with the school house which
we tax ourselves to build; in the
other case, the man is taxed for the
building of these roads and has no
voice. These cases should not be
used when they are not parallel.
Mr. Hascall says we are not arguing
these questions upon abstract right.
Now, sir, I think that is the exact
ground upon which we should argue
this case. We are either recognizing
or not recognizing abstract rights
in this, the fundamental law, which
we propose the people of this state
shall adopt; and if we do not recog-
nize, in this fundamental law, these
questions of abstract right, the peo-
ple will put their veto upon the con-
stitution. I ask any gentleman to
tell me whether one or two or a doz-
en persons shall vote to compel me
to place my means into that which I
do not wish. That is the question of
abstract right; and the question we
should talk about. I want that this
question should be recognized here,
and the people understand and say
that you have no right to compel a
man to place his means where he does
not want. Hence, I am in favor of
the two-thirds rule. ,
Mr. KIRKPATRICK. I, as a friend
to the report of the committee, de-
sire to say a few words. I first say
that I believe the i)ropositions submit-
ted by the committee are fair and
right. There are two reports, one is
placing in the constitution a provision
to regulate the voting or granting
SPRAGUE-GRIGGS
AID TO COKPORATIONS
51
Thursday]
municipal aid to corporations with
certain restrictions. The simple pro-
position is, that no aid shall he
voted to a private corporation to
make works of internal improvement
unless by a vote of the people. That,
sir, puts it beyond the power of of-
ficial officers of a city or the board
of commissioners of a county to
grant aid without having been sub-
mitted to the voters. And it also
requires, before it could be voted
to a railroad that the line of the road
shall be definitely located. Now,
that is certainly a wise provision and,
I would, at any rate, go the length of
this, sir.
This provision requires that three-
fifths of those voting upon the propo-
sition shall vote in favor of it. It is
found that those in favor of a propo-
sition to be submitted to the people
are always active workers. They
canvass among the people, and show
them why their proposition should be
carried. It may be said, sir, that
those opposed to the proposition may
work, but, sir, they never do. These
men are generally luke warm. They
don't feel the interest in the matter
that those in favor of carrying it do.
You submit a proposition to vote
bonds, as was the case in this city a
short time since; why, sir, those in
favor of voting these bonds flocked
to the polls and those opposed did
not. Why, a gentleman upon this
floor said he was strongly opposed to
these bonds and was anxious that
they should not be carried, yet, he
forgot to go and vote.
Now, sir, there is another reason
why this proposition is just. No
^railroad that has been built or ex-
August 10'
pecting to be built shall receive aid
from counties except by a three-fifths
vote. There are some who are only
benefited by railroads being built, to
the extent of this general benefit
which accrues to all, while some are
especially benefited. I have but lit-
tle to say upon this question of ab-
stract right. This question has been
discussed by other and abler men.
One side takes the position that you
have no abstract right to vote money
out of a man's pocket, and put it in-
to another man's pocket. Then an
other who take the position that you
can do this. It is claimed here, that
railroads develop the country. I sup-
pose, sir, there is a general concur-
rence upon this question; but. Sir, be-
cause they do all this, because they
build up the country, and help the
country, is that any reason why
I should be taxed to build them? I
am willing to concede all that these
railroads have done to build up this
great west; but sir, I want to examine
this proposition that these gentlemen
have brought up here; that if a ma-
jority have no right to force the mi-
nority to build railroads they have no
right to force them to build up school
houses, jails, or bridges. Now, sir,
it has been shown by the gentleman
from Saunders, (Mr. Sprague) that
these school houses, court houses,
jails, etc., are the property of the
county. They are necessary to the
county — improvements which every
citizen has a right to have made, and
by which all are benefited. In the
other case you take money from a
man's pockets and give it to others. I
am willing, sir, that the people of
this state shall decide this question
KIRKPATRICK
62
AID TO RAILROADS
Thursday]
and am in favor of submitting two
propositions — one prohibitory, and
the other to allow the people to vote
bonds. I believe that is Mr. Boyd's
proposition.
Mr. BOYD. No, sir. That is a mis-
take. I said I was willing to submit
a proposition to vote 10 per cent, of
all the valuation of the county and
let the majority of all the legal vo-
ters in the county settle the question.
Mr. KIRKPATRICK. Mr. Chair-
man. I will say right here that I
have helped carry bonds for a rail-
road company, and I have regretted
it ever since I helped carry bonds in
the county I lived in, in Iowa. Sir,
that county owes today about $300,-
000, and, sir, it is a lien of $7.00 per
acre of land in the county, imposed
by the railroad company. I also vot-
ed for bonds in my own county —
Cass. There was only two votes in
our county against the proposition to
give the B. & M. railroad aid. But
then some people have been benefit-
ed very much by this raid, and I
ask, is it fair to tax us all alike to
build the road? I think the propo-
sition subrhitted by my friend from
Douglas, (Judge Wakeley) is a fair
one, and I shall support it.
Mr. ROBINSON. Mr. Chairman.
I have been told here about half a
dozen times that nothing which may
be said will change a single vote in
this convention. This may be true,
but I have a few words to say, for
all that. We are told here, that the
levying of this tax is not similar to
levying a tax to build school houses.
Now, sir, I claim the cases are ex-
actly similar. Sir, it is perfectly com-
petent to tax people to repair a
August 10
bridge, or to build a new one. But
put it in another shape. Instead of
levying this tax to keep a bridge in
repair, you say to A "you may take
this bridge and charge a certain
fee of all who cross, on condition
that you keep it in repair." He takes
charge of the bridge, and those who
cross — those who are benefited pay
for crossing. No man who pays the
fee can be prohibited from cross-
ing, and, sir, this is true of a rail-
road — every man who is able to pay
his fare is allowed to ride over the
railroad. They cannot refuse. I
dton't think there is any doubt but
that the government has a right to
build bridges, and say to this man,
or that, "you take charge of this
bridge, keep it in repair and charge
the people who use the bridge for the
privilege." ,
If I have been told once during the
progress of this discussion, I have
been told a dozen times, that nothing
could be said upon this subject which
would have the effect to change a
single vote. That may be so. But
notwithstanding gentlemen have
made up their minds, I think there
are some positions taken by gentle-
men here, that ought to be refuted,
and some additional considerations
why the section as reported should
not pass, that ought yet to be offered,
for the especial benefit of gentlemen
representing the western and unset-
tled counties. I shall proceed first
to the business of refutation. The
question is, whether it shall require
three-fifths of the electors to vote aid
to railroads, as the reported section
proposes, or a majority only, accord-
ing to the amendment. Some gentle-
BO YD— ROBINSON
TAXES FOK INTERNAL IMPROVEMENTS
53
Thursday]
ROBINSON
August 10
men here, who oppose the amend-
ment with much bitterness, take a
radical ground, hostile alike to the
amendment and the original section.
They maintain that it is wrong in prin-
ciple for a majority however great to
vote a tax upon a dissenting minori-
ty however small. They take a high
moral ground, abandoning altogether
the humble and vulgar walk of ex-
pediency. If this be true, if it be
wrong in principle as they assume,
then, there is an end of argument.
But, it seems to me, it ought to have
occurred to these moral philosophers
that a matter so material, and so
decisive of the question of debate,
might need some proof to minds less
susceptible to the influence of moral
truth. If frequent repetition and loud
reiteration are to pass for proof then
this position has, I admit, been made
invulnerable. But I am not quite
ready to concede so much.
Taxation, we are told, can only be
rightfully exercised for the necessary
purposes of government, and that
every extension of the taxing power
beyond this object is tyranny, how-
ever speciously disguised. This is a
beautiful generality and glitters with
the best of them. By this quality of
necessity which is required to enter
into the purposes of government in
order to make taxation legitimate,
are we to understand strict, absolute
necessity? Is that what gentlemen
mean? Or, are we, on the other
hand, to understand a relative or con-
ventional necessity? Now, relative
or conventional necessity is but an-
other term for expediency. So if the
proposition is to have any force at all,
strict necessity must be meant. But
if strict, absolute, necessity must en-
ter into all the legitimate purposes
of taxation, what are we to do with
roads, highways, bridges, public
buildings, schools, school houses?
Are we to dispense with these? Can
it be maintained that a public high-
way is a necessity in this sense? I
apprehend not. Let those who desire
to travel, make their own roads. I
do not desire to travel. So with bridg-
es — when I desire to cross the stream
I will find the means. It is not right
to tax me to support a bridge for the
convenience of other people. Let
government afford me a sufficient pro-
tection from thieves and robbers, en-
able me to collect my debts and keep
out foreign invaders. For this I will
pay taxes, but nothing more. Now,
sir, this is the argument so vaunt-
ingly displayed, pushed to its legiti-
mate results. I am of course willing
to admit that, in a certain state of
progress, a common highway is more
indispensable, more necessary than a
railroad. A small amount of travel,
a low state of commerce would not
demand a railroad, while it might de-
mand a highway. Again travel and
trade might be so low as to make
even a highway unnecessary. In the
one case it would be inexpedient to
build a railroad, in the other to
build a highway. This, I think, is
sufficient to show that the quality of
the necessity which ought to enter
into the purpose of taxation is whol-
ly conventional, and the question
whether or not the tax ought to be
levied for a given purpose wholly a
question of expediency. Where a tax
is levied upon all for a purpose which
is exclusively for the benefit of a
54 TAXES— INTERNAL IMPROVEMENTS
Thursday]
portion of the community — that is
wrong; but that case is not this case
nor resembles it. This if not suf-
ficient to rebuke those who maintain
that this section is radically wirong,
is at least sufficient to suggest how
it may be done. It is sufficient to
show that what is necessary in re-
spect of the purposes for which tax-
es may be levied varies in different
communities and in the same com-
munity in different stages of progress.
That if a highway is necessary today
for the purpose of trade and travel
so as to justify a tax for the purpose
of making one and keeping it in re-
pair, next year, or in fifty years, a
railroad may be just as necessary.
And, now, sir, I propose to examine
another position which has been ta-
ken here. It is maintained by those
who hold with me that this is a ques-
tion of expediency, of local policy,
that if it is right to levy a tax to
build and maintain a bridge then it is
equally, right to levy a tax to build
or maintain a railroad. The gentle-
man from Saunders (Mr. Sprague)
contends, on the other hand, that
there is a radical difference, that a
bridge is a public matter, is for the
benefit of all, and free to all who wish
to use it; while he who travels on a
railroad is bound to pay the company
a fee for the privilege. I appre-
hend that this view is superficial,
that the distinction between a bridge
and a railroad in respect of their pub-
lic character is in a great measure
accidental. I think wholly so. Sup-
pose, sir, that the travel between here
and Omaha or any other point would
justify the building of a gravel turn-
pike. Would it not be competent, sir,
August 10
foT the government to levy a tax to
build such a road for the convenience
of the public; and equally competent
for the government to charter a com-
pany and give to that company the
right to levy a toll upon every person
who traveled over the road, upon
condition that the company would
keep such road in repair. This is
not an imaginary case, it is a common
one in some countries where good
roads are a luxury on account of
a heavy travel. Now, sir, it must al-
ways be a simple question of expedi-
ency whether government will build
and maintain its own roads or give it
in charge to individuals or corpora-
tions to do this. It is simply a ques-
tion of dollars and cents. It would
be competent, no gentleman here will
deny, for the government to build and
maintain a railroad and levy a tax for
that purpose. Why does not govern-
ment do so? Simply, because pri-
vate corporations give us better
roads for less money. A railroad
built and maintained at the public
expense would be a costly thing in-
deed. It sounds well, to say a man
could travel over it free of charge,
but when tax paying time came he
would find that he had not only to
pay for his own rides, but for the
rides of many others who pay noth-
ing. So to say that a bridge or a
highway is free when I am taxed to
build and maintain it is untrue. What
is the difference whether I pay a fare
every time I pass (as on a railroad)
or buy a ticket for a year in the form
of a tax receiptby paying a round sum
On the first of May, and that, too,
whether I travel or not? The dif-
ference, if any, is in favor of rail-
ROBINSON
TAXES— INTERJSAL IMPROVEMENTS 55
ROBINSON August 10
Thursday]
roads. There only the traveling pub-
lic pay the fees. It may be urged
that the railroads charge more than
enough to maintain the road; and
this I am ready to admit. The capital
Invested is enormous and not only the
expenses of running and repair must
be earned by the road, but a profit
on the capital invested. But so it
would be, if the public built the road
and maintained it. For I know of
no essential difference to the public
"between investing capital of its own
on which it receives no profit and
paying to another a profit on an
equal capital of his. Suppose, for in-
stance, a public bridge is built for
five thousand dollars and - that it
costs the public one hundred dollars
a year to maintain it. The public is
out each year, not one hundred dol-
lars merely, but this and the profit
which five thousand dollars would
earn. So the public loses nothing by
paying the railroad a profit on Its
capital in the way of fees unless that
profit be exorbitant. Now, not to
make too many side-issues to this dis-
cussion I would simply remark that
the public may protect itself against
paying an exorbitant profit by pro-
per legislation. So much for the
bridge business of my friend from
Saunders.
And now having done with the
business of refutation, and having, I
think, shown this to be a matter of
expediency only, involving no moral
considerations, I shall proceed brief-
ly to show why this power with cer-
tain limitations ought to be granted
to the counties, and left to a ma-
jority of the voters. I shall do this
^ indirectly, rather than directly. I
shall postulate that railroads are
great public benefits, and shall at-
tempt to show that to secure these
benefits the counties of this state,
especially the western counties, may
well afford to levy taxes which in
other countries would indeed be ruin-
ous.
Sir, without a great financial crash
like that which smote the land in
'57, which came so near depopulat-
ing- many of the more westfern
states, I think, I may safely say, that
population in the western half of our
state will double every year for the
next ten years. Capital v/ill increase
at a more rapid ratio. Now, al-
though ten per cent on the valuation-
is an enormous tax for any purpose,
tv/o things are to be borne in mind
which should lessen our fears. The
first is that ten per cent, is only the
potential assessment. We do not
provide that it shall be ten per cent,
but that it shall not be more. Few
counties will go so far as ten per cent.
Second, whatever tax may be levied,
whether five or ten per cent, will be
that only for a moment and will be
constantly growing less by the infiux
of immigration and capital.
Mr. Mill, in the fifth edition of his
work on political economy, in illus-
trating the distinction between pro-
ductive and unproductive labor says
that even productive labor may ren-
der a nation poorer if what it pro-
duces is not wanted, as when men
build docks and warehouses when
there is no trade. He says (alluding
to Ohio, Indiana and Illinois) "the
bankrupt states of North America
with their premature canals and rail-
ways have made this mistake," and
56
RAILWAYS- IMMIGRATION
Thursday]
ROBINSON
(alluding to the number of railroads
which obtained the sanction of parlia-
ment in 1845, but which were never
built) "it was for some time doubt-
ful whether England had not follow-
ed the example." Now, sir, there is
no doubt that had all the railroads
sanctioned and contemplated in Eng-
land in 1845 been constructed with-
in the time fixed, inevitable ruin
would have been the result. Mr.
Mill's prophecy would have been veri-
fied. Neither is it to be doubted that
the number of railroads projected
and actually completed in "the bank-
rupt states of North America," men-
tioned by Mr. Mill, far exceeds the
projected railways of 1845 in Eng-
land, in proportion to the wealth and
population of the two countries. Yet
Mr. Mill's prophecy as to these states
was wholly refuted. Now, what was
the reason of this? Why was it that
Illinois could compass an enterprise
greater in proportion to her resources
than England could? There is but
one answer. Immigration. She was
not obliged to wait upon the slow pro-
cess of production to which the weal-
thier country was confined. The
stream of immigration was a stream
of wealth on which she confidently
relied and the event justified that
confidence. Her railroad enterpris-
es gave impetus to immigration, im-
migration gave impetus to railroad
enterprise. Today the face of the
country in that state presents a per-
fect network of railroads that indi-
cate the veins in which her rapidly
increasing commerce flows, Mr.
Mill, with all his knowledge, gave too
little weight to this circumstance.
It made all the difference in the-
August 10
world. Without it no doubt these
states would have been bankrupt.
The projected railroad enterprises of
this county or this state are not nu-
merous nor heavy; yet, I venture to
say, that without the prospect of im-
migration, they never would have
been proposed, and without its com-
ing never can be completed. Certain
bankruptcy would swallow us in two
years, should immigration cease. But
it will not cease. The stream is
steadier than ever it was before. We
can afford to draw upon this prospect,
a tax of ten per cent, now will soon
be but five per cent, and will go
on decreasing. The very fact that
such enterprises are in progress will
increase immigration and insure the
speedy liquidation of the debt. We
are told that railroads will come when
they are v/anted, will come as soon
as the state of the country justifies
it. Yes, sir, they will, but not till
then. If we had nothing but our
ov/n resources to rely on, such an ar-
gument would be conclusive. But,
I insist that having other resources,
we are enabled to anticipate and are
blind and false to our best interests
when we fail to do so, Illinois it is
said has tried the aid system, has at
last got sick of it and has solemnly
interdicted it in her organic law.
Does such, an argument need refuta-
tion? If so, then first, the stream of
immigration into Illinois has well
nigh ceased, aid, if granted must be
granted by those who are there, not
by those who are coming there. Sec-
ond her capitalists, numerous and able
stand ready to supply her when she
needs another railroad. Third, it is
easier to build one there and cheap-
TAXES— COKPOEATION AID
57
Thursday] ROBINSON— ESTABOOK [Augusfc 10
er because she has so many to trans-
port materials. Fourth, her future
railways will be but branches — ours
must be independent lines, enter-
prises of more Tisk and of slower re-
turns. So much in favor of the pro-
position generally. And now, sir, a
few words in favor of my amendment,
to strike out three-fifths and insert a
majority, and I have done.
In the first place Mr. Chairman, let
me remark that I am astonished, that
gentlemen, Christian gentlemen of
the 19th century, who maintain that
it is morally wrong to vote aid at all,
unless unanimously, are yet willing
to compromise their scruples, are
more anxious to have the wrong done
by three-fifths or two-thirds than a
majority. Why, sir, if morally
wrong in a bare majority, is it not
equally wrong for any number, short
of the whole? If three-fifths are re-
quired to vote for a proposition before
it is to carry, why not hold, that one
dissentient voice shall defeat the pro-
position? If it be unjust for two
thousand five hundred and one men
to vote a tax on two thousand four
hundred and ninety-nine, is it not
equally wrong and unjust for four
thousand nine hundred and ninety-
nine to vote a tax on one? I con-
tend that there is no difference in
principle. Between a majority and
an unanimity, no number can be hit
upon for which any good reason can
be given. I am accused, sir, of hav-
ing changed my views on the subject
of railroads. A few days ago, it is
said, I was in for binding them up
and for making them pay damages.
I apprehend Mr. Chairman, that there
is no inconsistency in requiring these
corporations to be kept within bounds,
in compelling them to obey the
law and in proscribing their extor-
tions on the one hand, and on the
other hand in favoring and fostering
them so far as it can be done with
these limitations. If so, then let it
be. And, now, sir, let me call upon
gentlemen from the west to nt)te who
they are that talk so loud against the
amendment. Find me a man who is
opposed to the amendment and I will
insure him to be opposed to aid al-
together. On the day when this con^
stitution is to be voted up or voted
down, you will find him and his
friends, voting in solid, for the ma-
jority proposition, the separate arti-
cle which prevents any aid, and you
will find him a resident of the river
counties where they have their rail-
road enterprises for the present com-
plete.
Mr. ESTABROOK. Mr. Chairman.
As far as I am concerned I have no
desire to grapple with the idea of
whether a county can, according to
the spirit of the constitution of the
United States, or the constitution of
this state, as it is and as it ought to
be, enforce a provision of this
kind. This voting away money of the
county to railroad corporations to
run their railroads in the vicinity,
commenced I think, in Iowa. I think
perhaps that the effort to ire-examine
the ground of paying these bonds was
commenced in Michigan. Judge Coo-
ley gave a very convincing argument
upon this subject and I am satisfied
his ground is correct. I subsequently
had a long rambling conversation
with Judge Dillon on the subject and
he deemed the opinion to be correct.
4
58
AID TO RAILROADS
Thursday]
When I am constrained against my
will to give up my substance, pay
taxes to aid these railroads, it,iu my
estimation does violation to the spir-
it of constitutional law. The consti-
tution of the United States provides
that "private property shall not be
taken for public use without just
compensation." If this matter can
be so arranged in our constitution as
that we might peradventure lend our
credit, or bonds, if you please, for
these roads, I wish to throw no ob-
stacle in the way of these great en-
terprises myself, I will leave that
with the people. I shall vote against
the whole thing as I consider it un-
constitutional.
Mr. THOMAS. Mr. Chairman. I
merely wish to say something in ex-
planation of the vote I shall give. I
agree with the gentleman who last
spoke that this mattet is wrong in
principle, it seems to me that gov-
ernments were not instituted for any
such purpose, only for the purpcee of
governing, I cannot see where gov-
ernments can derive the right to tax
people for the purpose of building
up private corporations. I can see
no difference in taxing a whole coun-
ty for building a mill, manufactory
or hotel. It does not follow that be-
cause a railroad is a benefit to a coun-
ty, that, therefore, the taxing power
can be exercised for that purpose. I
understand that a railroad is so far
for public use that the right of emi-
nent domain may be exercised for the
purpose of condemning property for
the right of way for a railroad, but
I do not believe that it is so far for
public use that the power to tax may
be exercised for the purpose of build-
[ August 10
ing that railroad, but, as has been
said, it would take a long time to
present all the arguments for or
against this power of granting aid
to railroads; the only question is
whether it is better we should require
a vote of three-fifths of the voters or
a vote of a majority. I would be in
favor of requiring a larger vote than
a majority, if it was more than three-
fifths. I would be in favor of it as
the report came from the commit-
tee. For these reasons I shall vote
for three-fifths.
Mr. LAKE. Mr. Chairman. I be-
lieve that the report of the committee
is as near right as the article can be
made. I think it is too late, Mr. Chair-
man, to take the ground that it is
not legal to authorize municipal aid
to railroads or other corporations. It
has been d-^r-ided over and over again
that such ri;l may be collected, such
promises m?y be enforced, taxes as-
sessed for the purpose of paying in-
terest on the bonds and for the pur-
pose of paying the bonds themselves,
may be levied and legally collected.
All this is true, the only question for
this convention to determine is
whether it is best to permit the peo-
ple of the state to extend this aid.
Now, sir, in the eastern portion of
the state most of the counties have
extended aid in various ways either
by the people of the counties them-
selves taken as an entirety, or in
cities instituted therein, to railroad
companies aid. I say, aid of this kind
has been extended to the people,
and in consequence of extending such
aid they have secured to themselves
loans of importance to themselves
and to the people of the entire
THOMAS— LAKE
AID TO CORPOKATIONS
59
LAKE
[August 10
Thursday]
state. There is no question about
the legality and constitutionality of
the proposition, if we provide for it in
the constitution itself. I take it there
is no lawyer upon this floor although
he may take the grounds that it is
against the public policy and against
morality, etc., to extend this aid or
to permit municipalities to extend
this aid — I say there is no lawyer
who will take the ground that it is
not perfectly legal and constitutional
to do so, and that its constitution-
ality and legality are sustained by
the decisions throughout the United
States. The weight of authority is
decidedly in favor of that proposition.
That being so, I think the case is
well put by the gentleman from Ne-
maha, when he says the question as
to what is best in respect to the limi-
tation upon this authority as to what
restrictions shall be imposed upon
municipalities, whether a three-
fifths majority vote, or a larger ma-
jority than three-fifths shall be re-
quired in order to authorize the giv-
ing of the aid. I believe, myself, that
a majority ought to be in favor of a
proposition in order to permit the
levying of a tax for these purposes. I
think that a majority is sufficient for
the very good reason mentioned by
the gentleman from Cass. It is well
known there are a great many in
-every community who do not pay a
dollar or a penny tax, who are will-
ing to vote burdens upon the taxpay-
ers of a community ad libitum, be-
cause they are not affected thereby,
and they may be benefitted by one
way or another by the imposition of
the tax. Therefore, I am in favor of
requiring more than a mere majori-
ty of the people in favor of a propo-
sition before it shall be considered
carried. This will, in a measure,
obviate the difliculty which commu-
nities labor under by reason of these
irresponsible voters. It will enable
the people to obtain an expression
of the tax payers, of those who are
most interested in the vote of the
tax. I am inclined to think, how-
ever, that a three-fifths majority is
sufficient for these parties, and that
having been agreed upon in commit-
tee and that being the terms of their
report, I am in favor of sustaining
their report, and believe that all
safeguards which are required in
this respect are provided for in this
section. There is one idea further
that I find expressed in this section
that I am not entirely satisfied with.
The section would suit me better if
it provided absolutely that no city,
county, town, precinct or other mu-
nicipality or other sub-division of the
state should ever become subscriber
to the capital stock of any railroad
or other private corporation. If I
could have it my own way I would
have this provision absolute. I would
not permit any municipality, city,
county, o,r sub-division of the state to
become a subscriber to capital stock
whatever, not even by a vote of the
people. But this is placed upon the
same footing with the extending of
aid, and although, personally, I have
objections to it I will not urge them
here. If it is the sense of the ma-
jority of this committee that they
should be permitted to subscribe to
the capital stock of private corpora-
tions, so be it. I trust, therefore, Mr.
Chairman, that the proposition of
60
AID TO RAiLKOADS
Thursday]
tlie gentleman from Lancaster (Mr.
Robinson) who proposes to amend
this section by allowing a majority
to vote this aid, will be voted down,
and that we will adhere closely as
possible to the provisions of the arti-
cle as reported by the majority of the
committee. I am in favor of the re-
port of the majority of the commit-
tee, as I find it here.
The amendment to the amendment
was not agreed to.
The amendment to strike out
three-fifths and insert a "majority"
was not agreed to.
The section was adopted.
The Chairman read the next sec-
tion, as follows:
Sec. 2. Nor shall aid be given to
any railroad company or for the con-
struction of any railroads, or any in-
debtedness be created or contracted
for such purposes, unless the line of
the railroad shall have been definite-
ly located, and shall be specified in
the proposition voted upon.
Mr. LAKE. I move to strike
out the word "or," in the first line,
and insert "nor."
The motion was agreed to.
Mr. ROBINSON. I move that
the amendment I offered be attached
to section two instead of one, and
that it shall all remain one section.
Mr. MYERS. I move that the
committee rise, report progress and
ask leave to sit again.
Mr. GRAY. We have now come
to section one of the minority report,
and I move "that the committee of
the whole, when it rises, report the
minority report of the committee on
state, county and municipal indebt-
edness, with the recommendation
that it be submitted as a separate
article and If the same shall receive
[August 10-
a majority of all the votes cast for the
constitution, then said article shall
be an article, part of the constitu-
tion on the subject, and take the
place of the article reported by the
majority of said committee, the said
article reported by the majority of
the committee to become a nullity,
but if said article to be independ-
ently submitted shall not receive a
majority of the votes then said article
so reported by a majority of the said
committee shall be and remain in full
force and effect."
Mr. HAS CALL. I claim that that
resolution is out of order for the rea-
son that all propositions looking to
the frame of the constitution shall be
referred to a standing committee, and
referred through that committee to
the convention and acted upon by
the convention; and if that motion
seeks to regulate the framing of the
constitution then it must be referred
to the schedule committee.
The committee divided and the
motion of Mr. Gray was ag-reed to.
Mr. MASON. I now move you that
when the committee rise it recom-
mend to refer this separate article,
together with thie resolution whicli
has been adopted by the committee
offered by the g"entleman from Dodge,
to the committee on schedule.
The motion was agreed to.
Mr. MAXWELL. I move that the
committee now rise, report the article
back to the house, and recommend
its adoption.
The motion was agreed to.
Mr. SHAFF. Mr. President. The
committee of the whole have had
under consideration the report of the
committee on state, county, and mu-
LAKE— GRAY— HASCALL
MUNICIPAL AID TO CORPORATIONS 61
GRAY-ABBOTT [August 10
I
Thursday]
nicipal indebtedness, and report that
the article with the resolution be re-
ferred to the committee on schedule.
In Convention.
Mr. GRAY. Mr. President, T
move that the convention now take
up the report we have just had un-
der discussion in the committee of
the whole.
Motion was agreed to.
The secretary read the article, as
follows:
ARTICLE
Section. 1. No city, county, town,
precinct or other municipality or oth-
er sub-division of the state shall ever
become 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
the qualified electors voting on said
proposition shall be in favor of the
same.
Such indebtedness, inclusive of any
and all similar indebtedness when-
soever created, shall not at any time
exceed ten per cent, of the valuation
for taxable purposes of such city,
county, town, precinct or other mu-
nicipality or sub-division of the state
contracting such indebtedness.
Nor shall any aid be given any rail-
road company or for the construction
of any railroad, or any indebtedness
he created or contracted for such
purposes, unless the line of the rail-
road shall have been definitely locat-
ed, and shall be specified in the pro-
position voted upon.
Mr. ABBOTT. Mr. President. I
move to amend by striking out all
from the word "railroad" in the 3d
line, down to the word "or," in the
same line.
The PRESIDENT. The question
is upon the motion to strike out.
The amendment was not agreed
to.
. The PRESIDENT. The question is
upon the amendment offered by the
gentleman from Lancaster (Mr. Rob-
inson) adopted in committee of the
whole, which is to be added to the
section, and which reads as follows:
"Nor such indebtedness exceed $5,-
000 per mile for any proposed rail-
road and in no event to be payable
until such railroad, or a part thereof
shall be completed, ready for the roll-
ing stock and only in proportion to
the part so completed."
The amendment was agreed to.
Mr. ABBOTT. Mr. President. I
move to amend by inserting after the
word "improvement," in the third
line, the words "owned or controlled,
in whole or in part, by any person,
association, or private corporation."
The PRESIDENT. The question
is upon the amendment offered by
the gentleman from Hall (Mr. Ab-
bott).
The amendment was not agreed to.
Mr. ROBINSON. Mr. President. I
move to amend by inserting after the
word "improvement" in the 3rd line,
the words "owned or controlled in
whole or in part by any individual,
or private corporation, or associa-
tion."
The amendment was agreed to.
The PRESIDENT. The question is
upon the adoption of the section as
amended.
The secretary read the section, as
follows:
Section 1. No city, caunty, town,
precinct or other municipality or oth-
er sub-division of the state shall ever
62 MUNICIPAL AID TO COKFORATIONS
Thursday] THOMAS-WAKELEY— HASCALL [Au
become subscriber to the capital
stock of any railroad or private cor-
poration, or make donation thereto,
or aid in the construction of any rail-
road or work of internal improve-
ment owned or controlled in whole,
or in part by any individual or pri-
vate corporation or association, 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 the qualified electors voting on
said proposition shall be in favor of
the same.
Such indebtedness, inclusive of any
and all similar indebtedness when-
soever created, shall not at any time
exceed ten per cent, of the valuation
for taxable purposes of such city,
county, town, precinct o,r other mu-
nicipality or sub-division of the state
contracting such indebtedness.
Sec. 2. Nor shall any aid be given
to any railroad company or for the
construction of any railroad, or any
indebtedness be created for such pur-
poses, unless the line of the railroad
shall have been definitely located,
and shall be specified in the propo-
sition voted upon. Nor such indebt-
edness exceed $5,000 per mile for
any proposed railroad, and in no
event to be payable until such rail-
road or a part thereof shall be com-
pleted, ready for the rolling stock,
and only in proportion to the part so
completed.
The section was adopted.
Mr. THOMAS. What I wish to
know is whether this means to refer
to the county building bridges or to
corporations only.
Mr. KIRKPATRICK. I think it
was the intention of the committee to
refer to corporations.
The PRESIDENT. The question is
on the amendment offered by the gen-
tleman from Lancaster (Mr. Robin-
son) adopted in the committee of the
whole.
RUSt 10
The convention divided and the
amendment was agreed to.
The PRESIDENT. The question
is on the adoption of the article as
amended.
Mr. WAKELEY. I am inclined to
think that the suggestion made by
the gentleman from Hall (Mr. Ab-
bott) is worthy of some considera-
tion. With a view to examining that
I would favor a postponement until
tomorrow morning. The object was
not to compel a vote upon the build-
ing of bridges or any of that kind of
improvements. I move that the ar-
ticle be postponed until tomorrow
morning.
The motion was not agreed to.
Mr. MANDERSON. I move to in-
sert the words "other like" before
the word "work" in the third line.
Mr. ROBINSON. I move an amend-
ment to to be inserted after the
word "improvement," the words
"owned or."
Mr. MANDERSON. I will with-
draw my motion.
The PRESIDENT The question is
on the amendment offered by the
gentleman from Lancaster (Mr. Rob-
inson.)
The amendment was agreed to.
The PRESIDENT. The question is
on the adoption of the section.
The section was adopted.
Mr. HAS'CALL. I move that the
minority report of the committee on
the state, county, and municipal in-
debtedness together with the resolu-
tion offered by the gentleman from
Dodge (Mr. Gray) be referred to the
committee on schedule to be submit-
ted as a separate article.
The PRESIDENT. I think this
MUNICIPAL AID TO CORPOKATIONS 63
MASON— HASCALL-BOYD [August 10
Thursday]
ought to be acted upon in the conven-
tion before being referred to that
committee.
Mr. HAS'CALL. It will come up
for action when reported from the
committee on schedule.
The PRESIDENT. The question is
on the reference to the committee on
schedule.
Mr. MASON. I hope that this ar-
ticle will be considered now in con-
vention. I think we have arrived
at the conclusion that it should be
submitted as a separate section. It
may die for want of time if referred
to that committee.
Mr. HASCALL. Mr. President. If
I recollect aright the gentleman was
the very first to vote for the resolu-
tion of the gentleman from Dodge
(Mr. Gray). Now the object is not
to kill this- but it simply goes to the
committee on schedule and is report-
ed back here for the action of this
convention, and it is not to be sup-
posed that this convention is going
to adjourn until it has fully con-
sidered the propositions reported by
the committee on schedule.
I move to commit the gentleman's
motion to that committee, and, sir,
!had I the agility of some gentlemen
to belong to two political parties in
the same year and enjoy the confi-
dence of each, I might manifest much
agility on some occasions, but, sir, I
simply move to commit the resolu-
tion of the gentleman from Dodge
(Mr. Gray) to the committee on
schedule for their consideration. I
do not move to carry with it this
proposition until it is perfected in
this committee. When it is so per-
^fected then I desire to see it
go along with the resolution to the
committee on schedule in order that
it may come back in good time to
receive the votes of the people there-
to.
Mr. HASCALL. Mr. Chairman. I
have the authority of the gentleman
from Johnson (Mr. Wilson) that the
gentleman (Mr. Mason) has already
straddled his pale horse and is rid-
ing not only one, but two and three
political parties.
Mr. MASON. Mr. Chairman. My
attention has been called to the pro-
viso and I move to strike out all after
and including the word "provided."
I do not want to see it there. It
mars the beauty of the proposition if
it has any beauty in it, and serves
no good.
The motion was agreed to.
Mr. BOYD. Mr. Chairman. I move
to strike out the whole section, and
offer the following as a substitute.
"No county, city, town, township,
or other municipality, shall ever be-
come subscriber to the capital stock
of any railroad or private corpora-
tion, or make donation to or loan its
credit in aid of. such corporation:
Provided, however, that the adoption
of this article shall not be construed
as affecting the right of any munici-
pality to make such subscriptions
where the same have been authorized,
under existing laws, by vote of the
people of such municipalities prior to
such adoption."
The substitute was adopted.
Mr. ROBINSON. Mr. President. I
move to strike out the word "sub-
scriptions," and insert "donations."
The motion was agreed to.
The CHAIRMAN. The question
on referring" to the committee on
schedule.
Mr. GRAY. I withdraw my mo-
64
RIGHTS OF SUFFKAGE
Thursday]
tion, in order that -the resolution
offered a little while ago may he
adopted.
The PRESIDENT. The question is
on referring the suhstitute of the
gentleman from Douglas (Mr. Boyd)
which was adopted, to the commit-
tee on schedule.
The substitute was so referred.
The PRESIDENT. The question
now is upon the engrossment of the
majority report.
The report was ordered engrossed
to be read a third time.
Adjournment.
Mr. GIBBS. I move the conven-
tion now adjourn until eight o'clock
this evening.
The motion was agreed to, and
the convention at five o'clock and
forty-five minutes, adjourned.
Evening Session.
The convention met at eight o'clock
and was called to order by the presi-
dent.
Mr. STEVENSON. Mr. President.
I present the report of the committee
on Miscellaneous Subjects. I move
it be read the first and second time
by title and referred to the com-
mittee of the whole.
The motion was agreed to.
The secretary read the report the
first and second time by title.
The PRESIDENT. The report will
be referred, and one hundred and fif-
ty copies ordered printed.
The special order for this even-
ing is the report of the committee on
Rights of Suffrage. Will the gentle-
man from Hall (Mr. Abbott) take the
chair.
The PRESIDENT (pro tempore.)
Gentlemen, the question before us,
[Aut'ust 10
is the report of the committee on
Rights of Suffrage — the additional
section offered by the gentleman
from Douglas (Mr. Hascall) which
is offered in lieu of the section which
was stricken out. The proposed sec-
tion reads "Laws, uniform through-
put the state, shall be made for as-
certaining by proper proofs, the citi-
zens who are entitled to the rights of
suffrage hereby established."
Mr. GRAY. Mr. President. What
has been done with section one?
The PRESIDENT (pro tempore.)
It has been adopted.
Mr. MYERS'. Mr. President. I
don't exactly see the force of this pro-
position and I will have to be en-
lightened upon it. The gentleman
who otf ers it, desires that uniform laws
be enacted to ascertain who are quali-
fied voters. This, I suppose, refers to
the registration act. Now what is the
value of repeating a mandate that is
already of sufficient power to provide
for the making of a general law. I
don't see the force of the amend-
ment in the face of the fact that all
laws are "general." "General" I
suppose is the synonym for the word
"uniform." I ask my colleague (Mr.
Hascall) what the effect of this
amendment is.
Mr. TOWLE. Mr. President. I
understood that the gentleman from
Douglas withdrew his amenJaient
providing a registry law, on yester-
day. Now while I am in favor of and
desirous for an honest registry law, I
am opposed to the present system. It
is a disgrace to our country. I am
opposed to this amendment for an-
other reason; it confers a specific
power upon the legislature which it
STEVENSON— MYERS— TOWLE
EIGHTS OF SUFFRAGE
65
W A KELE Y— H A S C A LL
[August 10
Thursday]
has already. It is giving it a power
which already exists and for which
there is no need of additional provis-
ion. The main idea as I understand
it, in forming a constitution, is to
make it as clear and explicit as can
!be. If we were forming a Federal
constitution it -might be well to give
this power, but as it is g-iving power
where power already exists, I am op-
posed to it.
Mr. WAKELEY. Mr. President.
If this legislature has a right to pass
these laws without a constitutional
provision there is no necessity for
this, of course. But gentlemen seem
to think they have not had it here-
tofore. I would like to ask whether
the legislature has the power to pass
these laws without a constitutional
provision?
Mr. HAS'CALL. Our old constitu-
tion did not have such provision. In
making a constitution it is our duty
to establish what is constitutional
and what is not constitutional. The
constitutionality of our present reg-
istry law has been questioned; al-
though I think it is the present opin-
ion of our judges that the present
law is constitutional, and would up-
hold it as such. In this case, we
Iiave inserted a provision in our bill
of rights which was not in our old
constitution. I don't want to leave
it at their discretion, I want to make
it imperative on the legislature to
pass a law and ascertain who are
electors. If there is anything that
should be secure it is the ballot box.
The people want proper laws passed
by which, w hen a citizen comes to the
polls he knows he has a right to vote
and knows that- those who have not
a right to vote will be excluded.
You might as well leave a ballot out
of the box as to put an opposite one
in which has no right to be there.
My colleague here (Mr. Majors) re-
ferred to the fact that we had a law
against special legislation, and there-
fore he objected to the words "uni-
form throughout the state." The
provision in the legislative article re-
fers to the opening and conducting
of elections. This refers to the
time prior to elections. I don't wish
to take up time on this subject as I
understand there is a more import-
ant one to come up after.
The CHAIRMAN. The question is
on the adoption of the section.
The section was adopted.
The Chairman read the next sec-
tion, as follows:
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.
Section 3 was adopted.
The Chairman read the next sec-
tion, as follows:
Sec. 4. No elector shall be deeuied
to have lost his residence in the state
by reason of his absence on busi-
ness of the United States, of this
state, or in the military or naval
service of the United States.
Section 4 was adopted.
The Chairman read the next sec-
tion, as follows:
Sec. 5. So soldier, seaman or ma-
rine in the army or navy of the Unit-
ed States shall be deemed a resident
of this state in consequence of being
stationed therein.
Section 5 was adopted.
The chairman read the next sec-
tion, as follows:
Sec. 6. Electors shall in all cases,
66
RIGHTS OF SUFFRAGE
Thursday]
ABBOTT— MAXWELL— ESTABROOK
I August 10
except treason, felony or breacti 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 oblig-
ed to do military duty on the days of
election, except in time of war or
public danger.
Section G was adopted.
The chairman read the next sec-
tion, as follows:
Sec. 7. All votes shall be bv bal-
lot.
Section se\'Bn was adopted.
Mr. STEVENSON. Mr. Chairman.
I move the committee rise and report
the article back to the convention and
recommend its adoption.
The motion was agreed to.
Mr. ABBOTT. Mr. President. The
committee of the whole have had
under consideration the report of the
committee on rights of suffrage and
have instructed me to report the
same back to the convention and
recommend its adoption.
Mr. MAXWELL. Mr. President. I
move that we do now take up the
article relating to suffrage.
The motion was agreed to.
The secretary read the first section,
as follows:
Section 1. Every male person of
the age of twenty-one years or up-
wards, belonging to either of the fol-
lowing classes who shall have resided
in the state, county, 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 to become citizens conformably
to the laws of the United States on
the subject of naturalization.
Section one was adopted.
The secretary read the next sec-
tion, as follows:
Sec. 2. The legislature may ex-
tend by law, the right of suffrage to
persons not herein enumerated, but
i 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. McCANN. Mr. President. I
move that the committee do concur
in the recommendation of the com-
mittee of the whole to strike out Sec.
2.
Mr. ESTABROOK. Mr. President.
After the action of this body in re-
gard to the subject which is involved
in this section, and after the action
of the committee on rights of suf-
frage, I would not say anything, but
last night while in committee they
agreed that they would recommend
this matter to the favorable consider-
ation of the house, I had made up my
mind to pass this whole thing in
silence
Mr. PRESIDENT. Will the gen-
tleman desist until I call some one to
the chair? Will the gentleman from
Otoe (Mr. McCann) preside for me?
(Mr. McCann in the chair.)
-Mr. ESTABROOK. But, sir, it is
difficult for a parent to forget his
child, and if I should allow this pro-
vision to pass as it is it would seem
as though I was derelict in my duty to
my offspring. It may be that some
time the people of Nebraska may
have to meet this question fairly and
squarely in the face. The question
that is involved in it is that, under
it, and under it alone, can those in-
dividuals who may be reclaimed from
the Indian tribes, those who now
are of Indian descent belonging to
tribes may abandon their tribal re-
ESTABROOK'S WOMAN SUFFRAGE SPEECH 67
Thursday] ESTABROOK [August 10
lations and acquire rights of citizen-
ship, although this furnishes the only
means whereby individuals thus con-
stituted, to point out a particular in-
dividual, Gen. Parker, who has pre-
sided over one of the bureaus in
Washington, if he were to come here
to acquire the rights of suffrage this
is the only means by which he can
obtain rights of citizenship. Yet, sir,
I prefer to argue it as a means by
which he may or might eventually
acquire here the right of voting. Be-
fore I proceed farther let me suggest
that it is common on many occasions
of this kind;, that it is common sir, in
congregations to consider great moral
as well as political questions, to in-
dulge in some little ceremony. 1
happen to have before me a book of
common prayer. It is considerably
worn and I borrowed it from a gen-
tleman and lady who are in the habit
of using it constantly. I asked them
to allow me to put it in my pocket
that I might on some occasion desire
to use it. I will just read for our
edification before I go further, a
short adjuration, it happens to be
in the morning service, but is applic-
able to this evening service, those
who feel desirous to join the adjura-
tion may hold down their heads. It
asks the Almighty to comfort and
bless them, and returns thanks that
their condition is as good as it is, it
thanks the Almighty who has not
made them slaves, and lifts up a
grateful heart to the Almighty that
he has made the condition so good as
he has and then says: "Blessed art
Thou, O Lord, our God, King of the
universe, who hath not made me a
' woman." A moments intermission
will be given to indulge in any devo-
tional exercises. (Laughter.)
The women say: "Blessed art
Thou, O Lord our God, King of the
universe, who hath made me accord-
ing to Thy will." Man is made to
thank the Almighty he is not -a wom-
en, the woman thanks the Almighty
he has done just as he pleases. That
is the old form of prayer which I
presume has been used ever since the
time of Moses. Upon one side is the
English language, and on the other
is the Hebrew, so that all who desire
may read it in either language.
I said, sir, I would not have paid
any attention to this subject on this
occasion were it not I felt the rela-
tion of parent and child. I do not
mean, sir, I was the author of it in
this convention, but I do mean that
having been, on another occasion, a
member of a convention to frame a
constitution of a sister state, the
question of suffrage, as it does here,
came up for consideration, and a
feature of it rose in that convention
which required some degree of nerve
to stand up and breast the storm of
prejudice that prevailed, and it re-
quires some degree of nerve in the
state of Nebraska. That was in a
time when the negro was held in a
condition of bondage, and whenever
that suggestion, that a person hold-
ing such a degraded position in the
world should have the right to vote,
was deemed the height of madness.
Nevertheless, although I was holding
tolerably good relations with the
democratic party, feeling that there
was a matter of justice involved in
this thing, and feeling then as I do
now that the duty of the constitution
68 ESTABROOK'S WOMAN SUFFRAGE SPEECH
Thursday]
was to regard the great principles
upon which the whole structure of
our government is founded, in lay-
ing down the foundations of a struc-
ture for the government of a state, I
say, feeling then as I do now, that
the same material should be used as
was used in the consideration of the
constitution of the United States, I
indicated something~of this charac-
ter, that from which this was taken
as a means by which the negro in the
state of Wisconsin would finally be
admitted to the right of suffrage, and
under it subsequently he was. I will
read you, if you will bear with me:
*'Mr. Estabrook moved to amend the
amendment by adding the following
proviso, viz.: 'Provided,' however,
that the legislature shall at any time
have the power to admit colored per-
sons to the right of suffrage, on
such terms and under such restric-
tions as may be determined by law."
That created considerable discussion,
and finally was adopted by simply
changing the phrase referring in
terms to the negro so that it should
refer to all classes, that the legisla-
ture might admit other classes than
those named, to the right of suffrage,
but before such law went into effect
it should be sanctioned by a majori-
ty voting on that subject. It came
up finally for consideration, allow
me to read one paragraph of the
discussion.
"Mr. Estabrook, said, as he had
proposed the amendment, he would
explain its objects."
"If any were curious to know his
own private views they could be
learned by an inquiry among his im-
mediate constituents, where he had
[August 10
often discussed this matter both in
public and private, and had
uniformly taken ground opposed to
colored suffrage. Or his views might
be more readily learned by reference
to the vote taken on this question to
strike out the word "white" where
his vote would be found recorded in
the negative. His reasons for this
were sufficiently explained in his
remarks, when this question came
up in committee of the whole. But
a false issue has been made — the
question was not, "shall negroes
vote?" but "shall the majority rule?"
He regarded it as a fundamental
principle of democratic faith, that
the majority should rule, and that
that majority should pay proper re-
spect to the views and rights of the
minority. If, then, it is proper that
the majority should rule, it was
clearly right to leave our fundamen-
tal law so that that majority can
rule."
Now, sir. that part of it wliich seems
to apologize for having produced so
unwelcome a topic is a matter that
has afforded me considerable regret
and mortification so often as I have
read it. I acknowledge it indicates
a coward. Well, I felt the full force
of the responsibility upon me in con-
nection with others acting in conjunc-
tion with me to adopt this reasonable
rule, that it was indicative of a cow-
ardly spirit when I undertook to
make an apology for my course. And,
sir, as it was a matter of cowardice
then, as it is indicative clearly that I
together with others who acted with
me, were taking counsel of our preju-
dices in this regard, that we feared
to do what was right, fearing what
ESTABROOK
ESTABKOOK'S WOMAN SUFFRAGE SPEECH 69
ESTABROOK [August 10
Thursday]
Mrs. Grundy might say. I would ad-
monish all young men who sit here
in this convention, as I sat there,
tv/enty-three years ago, lest you may
look over the reports, you may have
reason to regret as I do, that you
should have staved off a principle
that will have passed into law, and
v/ill have become one of the common
rules long before that time shall have
elapsed. Let us proceed to another
branch of this consideration. In the
first place, Mr. President, what is the
status today? What is the condition
of woman? I need not tell the
lawyers what has hitherto been her
condition, how the civil and common
law has regarded her. It is well
known, sir, that she was pretty near-
ly a nonentity; I need not dally up-
on this, I have not time nor would
occasion require it. Let us inquire
what is her status today under the
laws of this state, and the United
States. In the first place there
have been amendments to the
constitution of the United States, and
had it not been for the action of
some other body, the political bodies
that have hitherto assembled in the
state of Nebraska, the dusky man
that fought so bravely, in our wars,
helps to pay the taxes as every man
pays it, bearing the burden of gov-
ernment, would never have been al-
lowed to enjoy privileges upon them,
and perhaps all we may say to the
contrary notwithstanding. It seems
quite probable indeed that when a
woman shall be allowed to vote she
shall come to the full enjoyment of
the privileges of a full and complete
citizenship. That too will be done
^ under and by virtue of the provisions
of the constitution of the United
States enforced by the proper decis-
ion of the court of Nebraska. Sir,
in the congress of the United States
the matter has undergone some de-
gree of consideration. It is well
known, sir that the fourteenth
amendment rather had allusion to
these individuals, and made a decla-
ration as to what individuals and
what persons should be regarded as
citizens of the United States. Well,
sir, there was one individual and
her name was Victoria C. Woodhull,
and now I am willing to give time for
a little intermission for sneers when I
mention that name. I say, one Vic-
toria Woodhull presented her petition
to congress and asked that that body
should pass such laws as they were
entitled to under the 14th and 15th
amendments, as would declare her
right to vote as one of the citizens of
the United States; and upon that
question a committee was appointed
and there were two reports — a ma-
jority and a minority report — But
while they differed in their conclu-
sions, they both agreed in relation to
this one fact. And what was it?
They both agreed that a woman was
a citizen. I say that v/hile they both
differed as to what were the rights
of the woman, they both agreed
touching this one fact — that a wom-
an, of course, having other qualifica-
tions corresponding, was a citizen of
the United States. Then, sir, in an-
swer to the enquiry as to what is
her status today in the United States.
The answer is that she is a citizen
of the United States.
Now, let us see what rights per-
tain to citizenship. Let me read it:
70 ESTABROOK'S WOMAN SUFFllAGE SPEECH
Thursday]
"All persons born or naturalized
in the United States, and subject to
the jurisdiction thereof, are citizens
of the United States and of the
state wherein they reside. No state
shall make or enforce any law which
shall abridge the privileges or immu-
nities of citizens of the United States;
nor shall any state deprive any per-
son of life, liberty, or property, with-
out due process of law, nor deny to
any person within its jurisdiction the
equal protection of the laws."
The fifteenth amendment goes on to
provide: "The right of citizens of
the United States to vote shall not
be denied or abridged by the United
States or by any state on account of
race, color, or previous condition of
servitude."
Now, sir, it was contended there
under these two provisions, that the
woman had now an absolute right.
In the first place, it had declared she
was a citizen; she was a person born
in the United States, and under the
fourteenth amendment was a citizen
of the United States. Then it pro-
vides that the rights of citizenship
shall not be abridged. Why, sir, can
a right be abridged that never exist-
ed? So, sir, the whole legislation of
congress in this regard, indicates,
not only that it was the intention of
making her a citizen, but of recogniz-
ing the rights that were inherent in
her, and provided, at the same time,
that those rights should not be
abridged. Now, sir, I have two au-
thorities I desire to read in regard to
citizenship. Many authorities, I
find, were quoted upon the investiga-
tion before congress. I have loo7?sd
somewhat to the early books to see
how the principles of government
were regarded by those who laid the
[August 10
foundation of the United States gov-
ernment, that we might have some
means, and some measures to see
what was indicated by these amend-
ments. Now, I read from "Bouvier's
Institutes," p. 64. "A citizen of
the United States is one who is in the
enjoyment of all the rights to which
the people are entitled and bound to
fulfill the duties to which they are
subject; this includes men, women
and children. In a more limited
sense a citizen is one who has a right
to vote for public officers; for ex-
ample, representatives in congress
and those qualified to fill offices in
the gift of the people."
And I read from Bouvier's Law
Dictionary: "Citizen — An American
Law. One who, under the constitu-
tion and laws of the United States,
has a right to vote for representa-
tives in congress, and other public of-
ficers, and who is qualified to fill of-
fices in the gift of the people. Any
white person born in the United
States."
Any white person, says this Law
Dictionary — born in the United
States "or naturalized person born
out of the same, who has not lost his
right as such — including men, women
and children."
Now, sir, these authorities would
be deemed good authorities if they
were presented in any court in this
state; and according to these au-
thorities a citizen is an individual,
and has the right to vote and hold of-
fice in the United States. Then, sir,
I have a few additional authorities.
"As appointments for the general
government here contemplated (re-
ferring to his speech In the conven-
ESTABROOK
ESTABROOK'S WOMAN SUFFRAGE SPEECH 71
Thursday]
tion of 1787) will in part be made
by the state governments all the citi-
zens in states where the right of suf-
frage is not limited to the holders
of property will have an indirect
share of representation in the gene-
ral government; But this does not
satisfy the fundamental principle
that men cannot be justly bound by
laws in making which they have no
part." — Notes on sn-ffrage in writings
of James Madison, Vol. 4-p. 21.
Says Paine, in his Dissertation up-
on the Principles of Government:
"The right of voting for represen-
tatives is the primary right, by which
other rights are protected. To take
away this right is to reduce man to a
state of slavery, for slavery consists
in being subject to the will of anoth- '
€r; and he that h2.s not a vote in the
election of representatives is in this
class. The proposal, therefore, to dis-
franchise any class of men is as crimi-
nal as the proposal to take away pro-
perty."
"Taxation without representation is
abhorrent to every principle of na-
tural or civil liberty It was this in-
justice that drove our fathers into
revolution against the mother coun-
try." — Madison Papers.
James Madison said:
"Under every view of the subject
it sems indispensable that the mass
of the citizens should not be without
a voice in making the laws which
they are to obey, and in choosing the
magistrates who are to administer
them." — Madison Papers, vol. 3, p.
14.
"The very act of taxing exercised
over those who are not represented
appears to me to be depriving them
[August 10
Of one of their most essential rights
as freemen, and if continued, seems
to be, in effect, an entire disfranchise-
ment of every civil right. For what
one civil right is worth a rush after
a man's property is subject to be tak-
en from him at pleasure without his
consent. If a man is not his own
assessor, in person or by deputy, his
liberty is gone, or he is entirely at
the mercy of others." — Otis' Rights
of the Colonies, p. 58.
Just at this point, Mr. President,
will you allow me, sir, to state the
enquiry in this convention, "Why are
we here; for the performance of what
duty are we assembled here as a con-
vention?" Why, sir, you tell me we
are here to frame a constitution.
Well, sir, what do you mean by that?
You tell me you have met for the
purpose of framing, of laying down
the foundation of the political super-
structure which shall be for the gov-
ernment of the people of the state of
Nebraska. Now, then, if this is the
object of our assemblage; if we are
here to constitute, and are, I think —
we are here to lay down the proper
foundations for ,a government for
Nebraska; and we are to look as
closely to it, to see in regard to the
materials that shall be employed, as
though this were the first assemblage"
that ever met for the purpose of
framing a constitution. We appear
as a new community for the purpos-
es of organizing a government for
the state of Nebraska, to lay the
foundations upon which the legis-
tures that are to follow us are to
erect their superstructures of govern-
ment. Of what material shall the
superstructure be made? Upon what
ESTABROOK
72 ESTABROOK'S WOMAN SUFFRAGE SPEECH
Thursday] ESTABROOK
model? I take it sir, that there is
no question but that we will be point-
ed back to that model which was in-
dicated by that inspired man — for, if
ever there was a man inspired he was
■ — by the inspired pen of the immort-
al Jefferson, when he penned the
Declaration of Independence. The
first word he read, after passing the
preamble was to re-enact that prin-
ciple of government, to fix and re-
establish that model upon which the
government of the United States and
the government of all republican
states has been built. Now, what is
this? What is the superstructure?
What is the model? What are the
ingredients upon which this super-
structure is erected? Why, sir, it
reads thus: "When, in the course of
human events, etc.;" and then it
indicates that there are certain in-
alienable rights; then it goes on to
say that "to secure these, govern-
ments are formed; governments are
instituted among men." We are here
to institute such a government. What
else does it say? "Governments are
instituted amongst men, deriving
their just powers" — whence? Well,
sir, we are a community in the state
of Nebraska, and we say this is plain
in the constitution as the very first
utterance for us to repeat; as the
point of departure for this constitu-
tional convention. Now, let us repeat
it and enquire — "deriving its just
powers from the consent of" whom, I
ask you? From the consent of Illi-
nois? Deriving their just powers
from the consent of Iowa? That is
precisely what England said on the
outset of our government. That was
precisely the outrage that was per-
[August 10
petrated; that begot the revolution^
ary war. They said that this govern-
ment; the government that was ex-
tended over the colonies of America
should derive their powers or be gov-
erned by a power absolutely outside
these colonies; by a power that ex-
isted in old England. Precisely
equivalent to our condition were we
to repeat that we derived our just
powers from that government that we
frame derived its just powers from
foreign power, as If we said we de-
rived ours from Iowa, Ohio. Illinois,
Wisconsin etc. It says: "Deriving
their just powers from the consent,"
of whom? Well, sir, does it say
from the consent of half of the gov-
erned? Does it say from the con-
sent of the male portion of the gov-
erned? I sought to amend this, but
it was insisted that this was precisely
what it meant, and that it should be
the first utterance in the bill of rights
and it provides that all governments
derive their just powers from the
consent of the governed. Not one-
half of the governed: not a portion
of the governed, not the male portion
of the governed; but, that utterance,
sir, which lays at the very founda-
tions of all republican governments —
that utterance, sir, which was made
by a pen of inspiration. I under-
take to say, declares "all govern-
ments derive their just powers from
the consent of the governed."
Now, another proposition. We live
here, under what we may imagine to
be a majestic oak: whose branches,
sir, cover many millons of individu-
als, and protects them; that sprang
from the smallest acorn. And what
was it? I can describe it in four
ESTABKOOK'S WOMAN SUFFKAGE SPEECH
ESTABROOK [August 10
Thursday]
words. The very origin of the gov-
ernment under which we live. Count
it, sir, upon your fingers — no taxa-
tion without representation. Sir, that
was the very axiom out of which
grew the revolutionary war, and out
of which, sir, the nation of which we
are a part, had its most distin-
guished birth.
Now then, having laid down this
proposition, let us look a little fur-
ther and see what views would be
taken of this subject by those who
mingled in those early scenes. There
v/as Jefferson, v/ho"'was employed for
many years in indicating what were
his views in regard to this question.
Then, too, there were those who lived
at the same time. Such men as
Franklin, Paine, if you please, Madi-
son and others, who seeing that this
was intended to apply not to the
particular man or woman they laid
this principle down as a fundamen-
tal thought — as the very bed rock up-
on which republican governments are
to be built. In pursuance of this
thought, let me call attention to the
fact, least it be said that when the
term "man" is used, it don't refer to
"woman" — let me call attention to
the fact that nowhere in the con-
stitution of the United States — no
where in the Declaration of indepen-
dence is such distinction made. It is
true that, at that time they did not
come up to the full standard and
measure of republicanism; but no
where do these documents say that
these great principles have special
and peculiar application to one class
more than another; no where is
there any indications that it was in-
tended to apply to one class, to the
exclusion of the other. I call atten-
tion, sir, to the 7th volume of Jef-
ferson's complete works, page 8:
"The question you propose on
equal representation, has become a
party one in v*rhich I wish to take no
public share. Yet, if it be asked for
your own satisfaction only, and not to
be quoted before the public, I have no
motive to withhold it, and the less
from you, as it coincides with your
ov/n.
At the birth of our republic I
committed that opinion to the world
in the draught of a constitution an-
nexed to the "Notes on Virginia," in
which a provision was inserted for a
representation permanently equal.
The infancy of the question at that
moment, and our inexperience of self-
government occasioned gross depar-
tures in that draught from genuine
republican canons. In truth, the
abuse of monarchy had so much filled
all the space of political contempla-
tions that we imagine everything re-
publican which was not monarchy.
We had not yet penetrated to the
mother principle that 'governments
are republican only in proportion as
they embody the will of their people
and execute it, Hence our first consti-
tutions had really no leading princi-
ples in thorn. But experience and re-
flection have but more and more con-
firmed me in the particular import-
ance of the equal representation then
proposed. But inequality of repre-
sentation in both houses of our leg-
islature is not the only republican
heresy in this first essay of our revo-
lutionary patriots at forming a con-
stitution. For let it be argued that a.
government is republican in propor-
tion as every member composing it
has his equal voice in the direction oft
i':s concerns."
Then again en page 11 he says:
"But it will be said, it is easier to
find faults than to amend them. I
do not think their amendment so
difficult as is pretended. Only lay
down true principles and adhere to
them inflexibly. Do not be frighten-
74
ESTABROOK'S WOMAN SUFFEAGE SPEECH
Thursday]
ESTABROOK
[August 10
ed into their surrender by the alarms
of the timid or the croakings of
wealth against the ascendency of the
people. If experience be called for,
appeal to that of our fifteen or twen-
ty governments for forty years and
show me where the people have done
half the mischief in these forty years,
that a single despot would have done
in a single year, or show half the
riots and rebellions, the crimes and
the punishments which have taken
place in any single nation under
Kingly government during the same
period. The true foundation of re-
publican government is the equal
right of every citizen in his person
and property and in their manage-
ment
"Try by this as a tally, every pro-
vision of our constitution and see if
it hangs directly on the will of the
people. Reduce your legislature to
a convenient number for full but or-
derly discussion. Let every man who
fights or pays, exercise his just and
equnl rieht in their election."
"Let every man who fights or
pays." Now let us stop and inquire
whether woman does not to day, pay
as well as man. Let me call attention
to what has transpired this very
day in this convention. It will be
recollected that the convention has
been most earnestly engaged in de-
' bating whether counties shall be al-
lowed to issue bonds to railroad
corporations. The question was how
to adjust it so that those who did
want to pay bonds should do so, while
those who did not want to pay bonds
need not. Now what was the reason
urged, why that majority of three-
fifths should be required to be —
bonds could be issued? Why it was
upon the belief that this number
would include all voters who were
land owners, or tax payers; exceed-
ingly solicitous were you. that those
men who paid taxes should have the
right to say whether they would vote
bonds or not; but, sir, there was no
individual who spoke of making in-
quiry as to whether the woman tax-
ed as you are taxed — I say, there
was no inquiry made as to what her
rights were, and whether she should
be allowed to vote upon this question.
How is it, sir, that this entire con-
vention should manifest so much so-
licitude to see that every man who
votes, every man who is liable to pay
taxes upon these bonds should be
heard upon the question, yet a wom-
an v/ho pays taxes upon the princi-
pal and interest of these bonds
should not be heard? I can think
up many other things which have
transpired before this body to show
that she is not in the rule indicated
by Jefferson. He says that "a man
who either pays or fights for his coun-
try should vote." That is all. Where
ever Jefferson is called upon to lay
down a rule on this point, he lays
down a proposition, that those who
either fight or pay shall be entitled to
the right of voting. That is to say,
that that individual, whoever he may
be, who is called upon to bear the
burdens of the government, should
be allowed upon this condition, sir,
to exercise its privileges: the bur-
den upon one side, the privilege upon
the other, should go hand in hand,
running in parallel grooves. Now, sir,
it is said that a question may be
raised, whether these great men to
whom I have alluded, in using this
term "man," whether they meant to
draw a distinction between "man"
and "woman," Sir, let me call at-
tention to the very first creation of
man and woman, where it is stated
ESTABROOK'« WOMAN SUFFRAGE SPEECH
75
ESTABROOK
[August 10
Thursday]
distinctly that "male and female,
created he them." In the 5th chapter
of Genesis it is said that "male and
female created he them," and that he
called them "Adam." Did ever any
man so take counsel with Ijis caprice
as to think that Jefferson meant any-
thing else than the general term
"man?" It is true he does not say
"man" or "woman," but neither
does he say "negro" or "white man."
He lays down principles and con-
tents himself with those principles.
Here, sir, I have the second vol-
ume of Franklin's works, it is headed
"Some Good Whig Principles." Page
372, a printed paper, of which the
following is a copy, was found
among Dr. Franklin's papers, endors-
ed by him as above. — W. T. F,
"Declaration of those rights of the
Commonalty of Great Britain, with-
out which they cannot be free.
"It is declared. Secondly, That
every man of the commonalty (ex-
cepting infants, insane persons, and
criminals) is, of common right, and
by the laws of God, a free man, and
entitled to the free enjoyment of
liberty.
"Thirdly, That liberty, or freedom,
consists in having an actual share in
the apportionment of those who
frame the I'aws, and who are to be
the guardians of every man's life,
property, and peace; for the all of
one man is as dear to him as the all
of another; and the poor man has an
equal right, but more need, to have
representatives in the legislature
than the rich one.
"Fourthly, That they who have no
voice nor vote in the electing of rep-
resentatives, do not enjoy liberty;
but are absolutely enslaved to those
who have votes, and to their repre-
sentatives; for to be enslaved is to
have governors whom other men have
set over us, and be subject to laws
made by the representatives of oth-
ers, without having had representa-
tives of our own to give consent in
our behalf."
That is what Franklin says about
it. Now, ^ir, I notice it is a little
tedious to read authorities, but I
propose to show how the old writers,
those who laid down the principles of
the government under which we live;
how they viewed these principles.
Now, sir, I will turn the attention of
the lawyers here to the first volume
of Blackstone's Commentaries, and I
know that he is good authority with
them, and see what he says on this
very subject, the question of female
suffrage — I read not from the text,
but from the notes by Christian, and,
sir, I believe that among the legal
fraternity these notes are considered
as good authority as Blackstone him-
self. On page 3 36, book I. and note
(49) he says:
"(49) Nothing, I apprehend,
would more conciliate the good will
of the student in favor of the laws of
England, than the persuasion that
they had shown a partiality to the
female sex.
But I am not so much in love with
my subject as to be inclined to leave
it in possession of a glory which it
may not justly deserve. In addition
to what has been observed in this
chapter, by the learned Commentator,
I should here state some of the prin-
cipal differences in the English law,
representing the two sexes; and I
shall leave it to the reader to de-
termine on which side of the balance,
and how far this compliment is sup-
ported by truth.
Husband and wife, in the language
of the law, are styled baron and
feme; the word baron, or lord, at-
tributes to the husband not a very
courteous superiority. But we might
be inclined to think this merely an
unmeaning-, technical phrase, if we
did not recollect, that if the baron
76 ESTABROOK'S WOMAN SUFFRAGE SPEECH
Thursday] ESTABROOK [August 10
kills his feme, it is the same as if
he had killed a stranger, or any oth-
er person; but if the feme kills her
baron, it is regarded by the laws as
a much more atrocious crime; as she
noi only breaks through the re-
straints of humanity and conjugal af-
fection, but throws off all subjection
to the authority of her husband. And
therefore the law denominates her
crime a species of treason, and con-
demns her to the same punishment as
if she had killed the king. And for
every species of treason, i though in
petit treason the punishment of men
was only to be drawn and hanged.)
till the 30th Geo. III. C. -iS. the sen-
tence of woman was to be drawn and
burnt alive, -4 book, 204. By the
common law all women were denied
the benefit of clergy: and till the
3rd and 4th W. & M. C. 9, they re-
ceived sentence of death, and might
have been executed, for the first of-
fence in simple larceny, bigamy, man-
slaughter, etc., however learned they
were, merely because their sex pre-
cluded the possibility of their taking-
holy orders: though a man, who
could read, was for the same crime
subject only to burning in the hand.
4th book, 369. These are the princi-
pal distinctions in criminal matters.
Now let us see how the account
stands with regard to civil rights.
Intestate personal property equally
divided between males and females:
but a son though younger than all
his sisters is heir to the whole of the
real property. A woman's personal
property, by marriage, becomes abso-
lutely her husband's which at his
death he may leave entirely away
from her: but if he dies without will,
she is entitled to one-third of his per-
sonal property, if he has children: If
not to V2. In the province of York,
to four-ninths or three-fourths. By
the marriage, the husband is absolute-
ly master of the profits of the wife's .
lands during the coverture: and if
he has had a living child, and sur- ,
vives the wife, he retains the whole I
of those lands, if they are estates of I
inheritance, during his life: but the
wife is entitled only to dower, or
one-third, if she survives, out of the
husband's estate of inheritance; but
this she has, whether she has had a
child or not. But a husband can be
tenant by the curtesy of the trust
estate of the wife, though the wife
cannot be endowed of the trust es-
tate of the husband. 3 P. W. ms. 22 9.
With regard to the property of wom-
en, there is taxation without repre-
sentation; for they pay taxes without
having the liberty of voting for repre-
sentatives: and indeed there seems
at present no stibstantial reason why
single women should be denied this
privilege."
Why single women should be de-
nied this privilege! Now that is pret-
ty good authority, drawn from the
very source of common law.
Now. sir, that I may not be tedious
let me call attention to but one oth-
er authority found in the sixth vol-
ume of Jefferson's Works, page 605-
6-7 and S.
"Indeed it must be acknowledged
that the term republic is of very
vague application in every language
* * Were I to assign to this term
a positive and definite idea. I would
say, purely and simply, it means a
government by its citizens in mass,
acting directly and personally, ac-
cording to rules established by the
majority: and that every other gov-
ernment is more or less reptiblican,
in proportion as it has in its com-
1 position more or less of this ingredi-
1 ent of the direct action of its citizens
I * * * * and add, also that one-
i half of our brethren who fight and
j pay taxes are excluded, like Helots,
j from the rights of representation as
if society were instituted for the soil,
and not for the men inhabiting it:
Or one-half of these courts disposed
of the rights and the will of the other
half, without their consent.
What constitutes a state?
Not high raised battlements or labor
made
ESTABKOOK'S WOMAN SUFFRAGE SPEECH
77
Thursday]
ESTABROOK
Thick walls or moated gate;
Not cities proud, with spires and
turrets crowned;
No: Men, high minded men;
Men, who their duties know;
But know their rights; and knowing
dare maintain,
These constitute a state."
<c tjs ^ H: 9|:
On this view of the import of the
term republic, instead of saying, as
has been said, "that it maj'' mean anj--
thing or nothing," we may say with
truth and meaning, that governments
are more or less of the element of
popular election and control in their
composition; and believing as I do
that the mass of the citizens is
the safest depository of their
own rights, and especially that
the evils flowing from the dupe-
ries of the people are less injuri-
ous than those from the egoism of
their agents. I am a friend to that
composition of government which has
in it the most of this ingredient."
I have asked upon what model is
our constitution to be framed. I ask
further what government is to be es-
tablished? What government stands
over against the republican govern-
ment? Monarchy. What is a mon-
archy? Why, sir, it is where one in-
dividual issues his mandates and all
his subjects obey; but in a repub-
lican form of government the man-
date is issued by the authority of the
people, and hence it is called demo-
cratic. Now, let me lay down this
proposition. I make this assertion
that in a monarchical form of govern-
ment the relation of men and wom-
en are more equal than in this. Why?
because, sir, the mandate goes forth
alike to all and they have to obey.
But how is it here? The man has a
voice as to the law, but the woman
must obey. In regard to her it is as
' absolute a monarchy as though she
[August 10
lived in the realms of the Czar of
Russia.
I have only to point to the law you
have adopted today and to your stat-
ute books, by which she is required to
obey these enactments in which she
has no voice. Now, sir, at the ex-
pense of being tedious, I suppose I
have carried you back to these fun-
damental thoughts to show you how
this question was viewed by those
who are authority in law.
Now, sir, let me pay attention to
one or two more ideas. In the first
place it is said that she is different
from the man. Thank God that she
is. She is the female and he is the
male, does not this distinction go
through all the world? Look through-
out the vegetable kingdom. The ani-
mal and even in the mineral and you
will find the male and female ele-
ments there. Throughout the en-
tire creation you will find them.
Now, sir, we are told that she
should not mingle in the filthy pool
of politics. Do you say that politics
is a filthy pool? Who made them so?
If so sir, is there no remedy? If so, is
there not a reason? Mr. President,
let me imagine that you invite me to
dine with you. I hope I may have the
opportunity before I am much older.
I know what I would find. I would
find everything put away neatly, the
rooms swept nicely, everything look-
ing neat and homelike. Let me call
in three months from this and I find
chairs put against the door, all the
crockery dirty and everything upside-
down. Say I, Mr. McCann, what is
the matter here? He replies, my wife
is away. Is not that true? If it be
true that the stream of politics be
78 ESTABROOK'S WOMAN SCFFRAGE SPEECH
Thursday] ESTABROOK
muddy and nasty, cannot you find I
some excuse for it? Have not we been
sixty or seventy years keeping bache-
lor's ball in a national capacity, and
is not it about time to bring the fe-
male element to bear? Do you tell
me it would unsex her to visit the
poll and express her voice at the bal-
lot box, as to whether she would'
issue bonds? About how long do you
think it would take her? Some indi-
dividual made a calculation in the
city of New York, and all the time
spent in elections in one year was two
hours, that was all. I recollect a
very moving speech made by a gen-
tleman here in regard to the home
duties of the woman. He referred to a
beautiful scene, where the mother
puts her hand on the head of either
child in the attitude of prayer, if you
please, but that is not all of life. It
"s true it is a beautiful thing to come
home and call the family group
around the mother and hear the les-
son a mother alone can give. But
it was suggested it was her duty to
teach not only moral lessons but also
to teach lessons of coming manhood.
Now then let me suggest; suppose
you put your boy out to learn the
blacksmithing trade, to whom do you
put him? Is it any other individual
than one who has learned to be a
blacksmith? I would have a mother
myself teach all of these lessons of
wisdom and morality, but I cannot
conceive that there is anything im-
proper, anything unreasonable in the
fact that while she goes to the
church, if you please, to learn her
lessons of morality; if she is to teach
the child the lessons of manhood,
■where else can she go with greater
[August 10
I profit than to the place where citi-
zenship is most peculiarly bestowed?
Where can she go more profitably to
learn the lessons herself of man-
hood than to the polls, where voting
is done, where the citizen expresses
his voice between candidates and
measures? Why, sir, do you tell me
women unsexes herself when she
does this? Do you tell me the good
mother cannot enjoy and exercise this
privilege without degrading herself,
without in some respect unsexing
herself? W^ho presides over the des-
tinies of England? Why, sir. Queen
Victoria is not only at the head of
the government, but if there is a mo-
ther that comes up to the full stand-
ard of perfect motherhood, if there
is one it is Queen Victoria herself.
Sir, while she is at the head of gov-
ernment, and intermingles with poli-
ticians, at the same time she is a
pattern mother of the entire realm
over which she presides. What do
you do with the woman in common
ordinary life? Why, sir, nobody
doubts for a single instant, the pro-
priety of doing that which the law not
only permits to be done, but says
should be done. When she is left a
widow, who settles the affairs of the
estate? I will undertake to say that
in the adjustment and settlement of
an ordinary estate, a woman will go
through more that will bring her in
rude contact with the outside world,
than she would experience in half a
lifetime in going to the polls to de-
posit her vote. Do you tell me wo-
man can become an administratrix
to settle the estate of a dead hus-
band, go through the entire admin-
istration of a large estate, do all the
ESTABROOK'S WOMAN SUFFRAGE SPEECH 79
ESTABROOK [August 10
Thursday]
duties pertaining to it, going into
the probate or district court, follow-
ing it, if you please, to the supreme
court, marshall her witnesses, attend
at the office of her lawyer, do you
tell me she can do all this without
unsexing herself more than to go
with her husband, son or brother
and drop a paper in a ballot box? Is
that reasonable? Suppose the very
case came up this afternoon. A wom-
an has a surplus capital to invest, she
meets with others individuals having
like sums, they put it together and
form a corporate body. What next is
done? They have their meeting and
elect their officers. On what princi-
ple? Peradventure one share en-
titles each stockholder to a vote, did
anybody ever question the propriety
of a woman casting her vote there?
Does not she always vote in a corpo-
rate body, and was it ever supposed
for a single instant that she unsexed
herself by this? Again. There is an
effort made in all well regulated
cities to take charge of the suffering
stranger, sick and afflicted, that shall
come into your midst without the
means of procuring the necessaries
of life, or the necessary attendance
in case of sickness. Whenever you
find a congregation of people, in the
west, particularly, you find these hos-
pital associations. We have them in
Omaha elegantly managed. By
whom? By a board, presided over
by a president, everybody is delight-
ed with it, everybody congregates at
different times at parties to make
contributions in the way of a fair or
ball, for the purpose of raising
funds to carry it along. Who are the
officers? Every one a woman. Who
votes for them? Every voter a wom-
an. Did they unsex themselves? No-
body was ever such an idiot to at-
tempt to maintain any such silliness
as that. I put it to you, if they can
go and in that capacity thus man-
age by virtue of the ballot, and by
the virtue of the power to hold office,
one of the most important interests
that takes cognisance of the sick and
affiicted, puts them in the hospital,
takes care of them, cures them, or if
they die buries them. Is not that as
important a public function as to
have the right to vote whether a rail-
road shall have bonds, whether a
sluice shall be put across this place
or that? Whether Patrick O'Shau-
ghnessy shall fill office or not? I
wonder whether they are not as com-
petent to do one as the other. This is
not quite all, Mr President. I take it
sir, that you think something of your
wife, I think I am not mistaken; I
think, sir, if anybody should under-
take to say that she kept bad com-
pany, you would be very apt to resent
it like the man of valor, I know you
are. But if anybody not only should
attempt to say she kept bad com-
pany but should undertake to compel
her to keep bad company and affili-
ate with improper characters, I think
it would not only grieve you, sir, but
think you would be making a proper
resistance. What are we trying to
do? What is this convention trying
to do with your wife and your sister
and daughter, and mine? Now in
arranging and adjusting the affairs
of this government, in the structure
government you are about to make,
I ask you in what category, in what
company, in what society do you pro-
80 ESTABROOK'S WOMAN SUFFRAGE SPEECH
Thursday] ESTABROOK
pose to leave the wife of the honor-
able president? Let us see how then,
sir, the citizens of Nebraska for the
purpose of constituting the govern-
ment of Nebraska are divided into
two classes, one is the nonvoting
class the other the voting class. Now
do you mark me? We, by our actions
here tonight are adopting a system
of government that shall have created
two sexes in the construction of the
government of Nebraska, one of them
is the non-voting, the other the vot-
ing class. Now let us see who are
the non-voters and who are the vo-
ters. "No person under guardian-
ship, non compos mentis or insane
shall be qualified, nor shall any per-
son convicted of treason or felony,
unless restored to civil rights."
Those are the non-voters. Are they
all? No, sir. Who else? Now, sir,
it should read, and it does read, the
entire article, thus "idiots, stark mad
people, and those, sir, who are luna-
tics, and those guilty of infamous
crimes, and women — and women
shan't vote." Mr. President. There
is where they put your wife in the
constitution of this government, in
adjusting the limits which constitute
the government we are constituting,
as a constitutional convention. They
have placed your wife, sir, with the
lunatics, the fools, and persons that
are guilty of infamous crimes. Do
you see it? Do you notice it? How
do you like it? They have not only
reduced her to the condition of the
serfs of Russia, but left her in the
category of infants, lunatics, fools,
and criminals. Now, let any man get
over it if he can. Perhaps that is
the proper plane for them, sir. I
[August 11
was told the other day, in a little
controversy in point, that I had a
son of sixteen years who they thought
was neither a fool or a lunatic, and
yet he did not vote. And that was
put by a gentleman who runs a press
and who runs an instrument at me
as often as he pleases. It is true, you
have a son perhaps sixteen or eigh-
teen years old, more competent than
a great majority of the foreigners
who come to these shores. Now we
make provision, enact laws, and cre-
ate fundamental laws, lay down
fundamental propositions in our con-
stitution; and we do this for classes.
Now, the lunatics are one class, the
idiots are another, and the children
are another. Why do not you permit
them to vote? Now, I call your at-
tention, Mr. President, right back
to the fundamental principles. "All
governments derive their just powers
from the consent of the governed.'*
Why, don't you give them this pow-
er? Simply because, in the case of
the child, of immatured intellect; and
in the case of the lunatic and idiot,
because they have no intellect at all.
They have no consent to give. A
fool has no consent; the lunatic has
none, and the child has none, and the
man who is guilty of infamous crime,
has forfeited his right, and hence we
take it from him as a matter of pun-
ishment. But, now, will some gentle-
man tell me why you place the wo-
man in this categ-ory? Will some
gentleman mark me, and give me
a solution of this proposition — Why
you should reject a woman? Why you
should reject your own wife, for in-
stance, and your sister, if she be a
widow? It is this. I find that in
WOMAN SUFFRAGE
81
Friday]
looking over some revisions of ttie
law in the state of Nebraska, the
election, for instance that, that if
he be guilty of a certain thing, he
forfeits the right to vote. Why?
Because he has been guilty of a
criminal offense. Here, too, comes
up the question — Why do you ex-
clude the woman? Has she been
guilty of a criminal offense? Why
will you compel her to pay principal
and interest of the bond you give to
the railroads while you give her no
chance to vote? Is it because she is
imbecile, because she has commit-
ted some infamous offense? If not,
why do you ask to exclude her from
the right of citizenship? But, sir,
it is fast approaching ten o'clock.
There are many points —
Mr. HAS'CALL. As the gentleman's
fifteen minutes are exhausted, I move
to give him ten minutes more.
(Laughter.)
Cries of "Go on!" "Go on!"
Mr. ESTABROOK. As a matter
of course, I do not wish to choke any-
body down. Some other opportuni-
ty will be given to go over the whole
subject. But I have only a few more
suggestions to make. I would rather
it be postponed. It is after ten
o'clock, Mr. President, and it will be
unreasonable to tax the patience of
members — ("Go on!") — Mr. Presi-
dent, we occupy a very peculiar posi-
tion, we are making a new constitu-
tion, in the year 1871, and for the
state of Nebraska. The state of Ne-
braska lies about half way across the
continent, and it is the last state
that has assembled thus far for the
< purpose of laying down the princi-
[ August 12
pies which shall constitute the gov-
ernment of Nebraska. Now, sir, I
wonder if anybody can contemplate
the possibility that this convention
may adjourn in the midst of the
fact that everything, sir, around us,
gives evidence not only of progress
but rapid march of improvement;
comes around us day after day with
the rapidity of the comet almost.
Can anybody contemplate the posi-
bility that this convention may ad-
journ without leaving somewhere up-
on the pages of the constitution we
submit, the evidence of a recognition
of the progress that all the world
around- us is making; or shall we
content ourselves with making up
this instrument simply of the worn-
out cobwebs of the past?
Sir, there is a grand opportunity
before us, for us to make one mark
higher up than any state which has
ever gone before us —
Mr. MOORE. Will the gentleman
allow me to suggest, as it is ten
o'clock, that we adjourn, and tomor-
row evening at eight o'clock, the
gentleman can have the floor and
finish his speech. If it would be
satisfactory to him, I would move
to adjourn.
Mr. ESTABROOK. I will give way.
Adjourrnnent.
Mr. MOORE. I move we adjourn.
The motion was agreed to and
the convention at nine o'clock and
forty-five minutes adjourned.
FORTY-FIRST DAY.
Friday, August 12, 1871.
The convention met at eight
o'clock and was called to order by
the president.
ESTABROOK— HASCALL
82
LOCATION OF STATE CAPITOL
[ August 12
Friday]
Prayer.
Prayer was offered by the chap-
lain, as follows:
Our Father who art in heaven, we
acknowledge our dependence upon
Thee. Grant unto us Thy favor this
day. Forgive us all our many sins,
and grant unto us life everlasting,
through Jesus Christ, our Lord.
Amen.
Reading of the Journal.
The journal of the last day's pro-
ceedings was read and approved.
Engrossment.
Mr. REYNOLDS. Mr. President.
Your committee on engrossment, to
whom was referred the article on
banks -and currency and on public
buildings beg leave to report that
they have examined the same and
find them correctly engrossed.
Public Buildings.
The PRESIDENT. The article on
public buildings will be read a third
time and put upon its passage.
The secretary read the article, as
follows:
ARTICLE
Section 1. The capitol of this
state shall remain at the city of Lin-
coln until the year 1880, and there-
after until otherwise provided by law
designating some other place as the
capital, and which shall be submitted
to and be approved by a majority of
the electors voting thereon.
The PRESIDENT. Gentlemen this
is the third reading of the article, the
question is upon its passage.
Secretary, call the roll.
The vote was taken and the result
announced — ayes, 28; nays, 7. — as
follows:
AYES.
Boyd, Granger,
Curtis, Griggs,
Estabrook, Hascall,
xVtJiiclo LLf 11,
Qt^i^q cm o
opi ague.
Xvll U U.1 11,
ocuneiu.
xVll Kpdtl ICK,
fc>nan.
Lake
T'Timnas
X XX V XXX Ct< o ,
Majors,
Thummel,
Maxwell,
Tisdel,
Moore,
Vifquain,
McCann,
Wakeley,
Parchin,
Weaver,
Philpott,
Wilson,
Stewart,
Mr. President. -
—28.
NAYS.
Abbott,
Gray,
Ballard,
Lyon,
Gibbs,
Neligh,
Stevenson. — 7.
ABSENT OR NOT VOTII^
Campbell,
Myers,
Cassell,
Newsom,
Eaton,
Parker,
Grenell,
Price,
Hinman,
Reynolds,
Ley,
Robinson,
Mason,
Speice,
Manderson,
Towle,
Woolworth. — 1
7.
So the article was passed and the
title agreed to.
The PRESIDENT. The question
is on its reference to the committee
on revision and adjustment.
The motion was agreed to and the
article so referred.
The PRESIDENT. The article on
banks and currency will now be tak-
en up.
The secretary read the article, as
follows:
ARTICLE
BANKS AND CURRENCY.
Section 1. No state bank shall
hereafter be created, nor shall the
state own or be liable for any stock
in any corporation, or joint stock
company or association for banking
purposes, now created or hereafter
to be created.
No act of the legislature authoriz-
ing or creating corporations or asso-
STATE BANKS— PUBLIC ACCOUNTS 83
Fi-iday]
ciations with banking powers, wheth-
er of issue, deposit or discount, nor
amendments thereto, shall go into ef-
fect or in any manner be in force,
unless the same shall be submitted to
a vote of the people at the gene-
ral election next succeeding the pas-
sage of the same, and be approved
by a majority of all the votes cast at
such election for or against such
law.
Sec. 2. The suspension of specie
payments by banking institutions
on their circulation created by the
laws of this state, shall never be per-
mitted or sanctioned.
Every banking association now, or
which may hereafter be organized un-
der the laws of this state shall make
and publish a full and accurate quar-
terly statement of its affairs (which
shall be certified to under oath by one
or more of its officers) as may be
provided by law.
Mr. MAXWELL. Mr. President. I
move the report be re-committed with
instructions to re-engross and en-
graft in the bill the second section
as reported by the standing com-
mittee.
The motion was agreed to.
The PRESIDENT. Gentlemen of
the convention I have two small ar-
ticles here which it will be advisable
for us to dispose of.
Reports of Committee on Printing
and Binding.
The secretary read the report of
the committee on printing and bind-
ing, as follows:
ARTICLE
Section 1. The printing and bind-
ing of the laws, journals, bills, leg-
islative documents and papers for
each branch of the legislature, with
the printing required for the Exe-
cutive and other departments of
state, shall be let on contract to the
lowest responsible bidder by the
State Executive officers, and in such
manner as shall be prescribed bylaw;
[August 12
Provided, The printing and binding
shall be done in the state,
Mr. MYERS. I move to lay the ar-
ticle on the table.
The motion was agreed to.
Public Accounts and Expenditures.
The secretary read the report of
the committee on public accounts and
expenditures, as follows:
Sec. 1. The legislature shall
not appropriate out of the state treas-
ury, or expend on account of the cap-
itol grounds and construction, comple-
tion and finishing of the state house,
a sum exceeding in the aggregate
two millions of dollars ($2,000,000),
without first submitting the proposi-
tion for an additional expenditure,
to the legal voters of the state at a
general election; nor unless a majori-
ty of all the votes cast at such elec-
tion shall be for the proposed ad-
ditional expenditure.
Committee of the Whole.
Mr. MYERS. I move the conven-
tion go into committee of the whole
for the purpose of considering the
bill last read.
The motion was agreed to, so the
convention went into committee of
the whole — Mr. Neligh in the chair
— for the consideration of the report
of the committee on public accounts
and expenditures.
The CHAIRMAN. Gentlemen of
the committee, we have before us the
report of the committee on public ac-
counts and expenditure. What is the
pleasure of the committee?
The Chairman read the first sec-
tion, as follows:
Sec. 1. The legislature shall not
appropriate out of the state treasu-
ry, or expend on account of the capi-
tol grounds and construction com-
pletion and finishing of the state
house, a sum exceeding in the aggre-
gate two millions of dollars ($2,000,-
MAX WELJL— MYERS
84:
PUBLIC ACCOUNTS
Friday]
000), without first submitting the
proposition for an additional expen-
diture, to the legal voters of the state
at a general election; nor unless a
majority of all the votes cast at such
election shall be for the proposed ad-
ditional expenditure.
Mr. PHILPOTT. I move the adop-
tion of the section.
Mr. NBWSOM. I move to strike
it out.
Mr. MYERS. I hope the motion
will not prevail. It is not contem-
plated, by Ihis bill to build a capitol
immediately or at a very near day;
but at some remote period when the
people will consent to it.
Mr. LAKE. How remote?
Mr. MYERS. Well, probably
twenty years; and we should have
some authority in the constitution to
allow the building of a capitol at
some future day, when the legisla-
ture and the people will agree to it.
A building that will be fitting to the
state when it is built. This building
we are in is a failure in an architec-
tural point of view, and every other
point of view; and we should em-
body a clause in the constitution to
allow our successors to build one
when they deem it necessary.
Mr. STRICKLAND. I think this
is a very necessary article. We have
seen many states such as Tennessee,
Illinois, and I think, one or two
southern states, where the legisla-
ture, for example, in Tennessee, ap-
propriated about a quarter of a mil-
lion, but the architect so made out
the plan that in aftertime there was
a continual draft upon the people.
Now, we see they lacked only three
or four votes of moving the capital
In Illinois. The state loses that
[August 12
amount of money if such a thing is
done. This constitution will last
fifteen or twenty years, and we should
put a restriction upon the legislature
and limit this amount. This is one of
the very best things we can do for
posterity. Two millions of dollars
ought to build as fine a capitol as
this state will want in seventy years.
I think the legislature should be
bound.
Mr. GRAY. Would it be a very
wise provision to put an article in
this constitution providing that men
in this state should live for 500
years? Do you think, Mr. Chairman,
it is necessary? Does any gentleman
suppose men in this state, ''hereafter,
are liable to live for 500 years? If
not, does any gentleman suppose for
the next fifteen years this state is
going to be liable to have over two
millions of dollars in the treasury?
If not, do you need a constitutional
provision against expending out
of that treasury more than two
millions of dollars? This state Is
now in debt $2 50,000, and looks ter-
rible. We are talking of bonding It.
Why? Because we know we cannot
get money enough in ten years. If
we are not able to do this, is there
any dang-er in the next fifteen years
of our having over two millions of
dollars in the treasury, that can be
expended. I think it is entirely use-
less. It is very suggestive. You
should leave out of the constitution
such large figures. It is not pos-
sible to spend so large an amount
of money.
Mr. KIRKPATRICK. Mr. Chalr-
maii, 1 move to strike out "two mil-
MYERS— STRICKLAND
PUBLIC ACCOUNTS
85
Friday]
GRAY— NEWSOM
[August 12
lion" and insert the words "three
million.**
Mr. NEWSOM. Mr. Chairman. I
think the gentleman is out of order.
He can't move to strike out part of a
section when there is a motion al-
ready made to strike out all of it.
The CHAIRMAN. The question is
upon the motion to strike out the en-
tire section.
The motion was agreed to.
Mr. MYERS. Mr. Chairman. I
moved the committee rise, report the
article back to the house dead, and
recommend it he laid upon the table.
The motion was agreed to.
Mr. NELIGH. Mr. President. The
committee of the whole have had
under consideration the report of the
committee on public accounts and
expenditures, and recommend that it
be laid upon the table.
The PRESIDENT. Gentlemen,
you have heard the report of the com-
mittee recommending that the arti-
cle be laid upon the table.
The secretary will call the roll.
The secretary proceeded to call the
roll.
The President announced the re-
sult — ayes, 28; nays, 14 — as fol-
lows:
Abbott,
Ballard,
Curtis,
Eaton,
Estabrook,
Gibbs,
Gray,
Hascall,
Kenaston,
Kilburn,
Lake,
Majors,
YEAS.
Maxwell,
Myers,
McCann,
Newsom,
Parchin,
Reynolds,
Robinson,
Stevenson,
Sprague,
Scofield,
Shaff,
Thomas,
Manderson,
Tisdel,
Towle. — 28.
NAYS.
Boyd,
Philpott,
Oassell,
Stewart,
Granger,
Thummel,
Griggs,
Vifquain,
Kirkpatrick,
Wakeley,
Moore,
Weaver,
Neligh,
Wilson. — 14.
ABSENT OR NOT VOTING.
Campbell,
Mason,
Grenell,
Parker,
Hinman.
Price,
Ley,
Speice,
Woolworth,
Mr. President.—
-10.
So the article
was laid upon
table.
The PRESIDENT. The secretary
will read the article on municipal
corporations twice by its title.
The secretary read the article twice
by its title.
ARTICLE
Section 1. The leg"islature may vest
in the corporate authorities of cities,
towns and villages with power to
make local improvements by special
assessment or by special taxation of
contiguous property, or otherwise.
For all other corporate purposes all
municipal corporations may be vested
with authority to assess and collect
taxes ; but such taxes shall be uniform
in respect to persons and property
within the jurisdiction of the body
imposing the same.
Sec. 2. The legislature shall not
impose taxes upon municipal corpora-
tions, or the inhabitants or property
thereof for corporate purposes, but
shall require that all the taxable pro-
perty within the limits of municipal
corporations shall be taxed for the
payment of debts contracted under
authority of law ; such taxes to be uni-
form in respect . to persons and pro-
perty, within the jurisdiction of the
body imposing the same.
Private property shall not be liable
to be taken or sold for the payment of
86
MUNICIPAL
Friday]
MAX WELL-H A SC ALL
the corporate del>ts of a municipal
corporation.
Sec. 3. No person who is in de-
fault as collector or custodian of
money or property belonging to a
municipal corporation, shall be eligi-
ble to any office in or under such
corporation. The fees, salary or com-
pensation of no municipal officer who
is elected or appointed for a definite
term of office, shall be increased or
diminished during such term.
The PRESIDENT. The question is
upon the motion to lay upon the
table.
The motion was agreed to.
Mr. MAXWELL. Mr. President. I
wish to offer a proposition. The
proposition was read by the secre-
tary, as follows:
"All municipal officers paid in
whole, or in part by fees, shall be
required to make a semi-annual re-
port, under oath, to some officer to
be designated by law, of all fees and
emoluments, and such fees and
emoluments, exclusive of necessary
clerk hire shall not in any one year
exceed the sum of $2,500, and all
excess over said sum shall be paid to
the treasurer of the county in which
such officer shall reside."
Mr. HASCALL. Mr. President. I
move the proposition be laid upon the
table.
Mr. MAXWELL. Mr. President. I
move it be referred to the committee
on municipal corporations. It is sub-
stantially the one copied from the
Illinois constitution.
Mr. ROBINSON. Mr. Chairman.
I would like to ask if the report of
the committee, of which Mr. Weaver
is chairman, did not specially provide
for this thing?
The PRESIDENT. I don't know.
Gentlemen the question is upon the
[August 12
motion of the gentleman from Cass
(Mr. Maxwell.)
The motion was agreed to.
Mr. MAXWELL. Mr. President. I
offer another proposition, which I
wish referred to the committee on
judiciary.
The secretary read the proposition,
as follows:
"The legislature at its first session
after the adoption of this constitu-
tion, shall provide for the appoint-
ment of one commissioner to be ap-
pointed by the supreme court, to col-
late and revise all general laws in
force in this state and report the
same to the legislature at their ses-
sion in 1873."
The PRESIDENT. It will be so
referred unless objection is made.
Committee of the Whole.
Mr. REYNOLDS. Mr. President.
I move we go into committee of the
whole upon the report of the commit-
tee on miscellaneous corporations.
The PRESIDENT. The question
is upon the motion to go into commit-
tee of the whole upon the considera-
tion of the report of the committee
on municipal miscellaneous corpora-
tions.
The motion was agreed to, so the
convention went into committee of
the whole with Mr. Wilson in the
chair.
ARTICLE
Section 1. Corporations, associa-
tions and joint stock companies, hav-
ing powers and privileges not pos-
sessed by individuals or partnerships,
may be formed by general laws, but
shall never be created by special act.
All general laws passed pursuant
to this section may be altered from
time to time or repealed.
Sec. 2. All corporations shall have
the right to sue, and shall be subject
ARTICLE ON CORPORATIOISIS
8T
REYNOLDS
[August 12
Friday]
to be sued, in all courts in like cases
as natural persons.
Sec. 3. Dues from corporations
shall be secured by the individual
liability of the coruorators and other
means prescribed by law.
Sec. 4. Stockholders of all corpo-
rations and joint stock associations
shall be individually liable for all la-
bor performed for such corporation
or association.
Sec. 5. Tho leg-islature shall pro-
vide by law that in all elections
for directors or managers of in-
corporate companies every stock-
holder shall have the rig-ht 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 dis-
tribute them on the same principle
among as many candidates as he
shall think fit, and such directors or
managers shall not be elected in any
other manner.
The secretary read the first sec-
tion, as follows:
Section 1. Corporations, associa-
tions and joint stock companies, hav-
ing powers and privileges not pos-
sessed by individuals or partnerships,
may be formed by general laws, but
shall never be created by special act.
The section was adopted.
The chairman read the next sec-
tion, as follows:
Sec. 2. All corporations shall have
the right to sue, and shall be subject
to be sued, in all courts in like cases
as natural persons.
Section two was adopted.
The chairman read the next sec-
tion, as follows:
Sec. 3. Dues from corporations
shall be secured by the individual lia-
bility of the corporators and other
means as may be prescribed by lav/.
Section three was adopted.
The chairman read the next sec-
tion as follows:
Sec. 4. Stockholders of all corpo-
rations and joint stock associations
shall be individually liable for all
labor performed for such corpora-
tion or association.
Mr. BOYD. I move to strike our
the section.
Mr. MASON. I hope this motion
will not prevail. The "laborer is
worthy of his hire," and these joint
stock corporations should be liable
for the pay of the laborer.
Mr. ROBINSON. I think the sec-
tion is only a repetition of the same
thing as is provided in sections two
and three.
Mr. TOWLE. I take the ground,
Mr. Chairman, that section three is
general and does not refer, as section
four does, to the individual laborer
who labors in carrying the hod or
shoveling dirt, beneath the burning
sun. For that reason I think this sec-
tion should not be stricken out.
Mr. MASON. Mr. Chairman. I
only desire to add that I think that
section three ought to be stricken
out and this section retained.
The CHAIRMAN. The question is
on the motion of the gentleman from
Douglas (Mr. Boyd) to strike out sec-
tion four.
The motion was not agreed to.
Mr. BOYD. Mr. Chairman. I
move to add to the section the words
"only to the full amount of the par
value of their stock."
Mr. MASON. Mr. Chairman. I
hope this amendment shall not pre-
88
LIABILITY OF STOCKHOLDERS
Friday]
BOYD— MASON— ROBINSON
[August ]2
vail. I think they ought to be each
one personally liable for labor actual-
ly performed and I beg of this com-
mittee to secure to the laborer his
hire.
Mr. ROBINSON. Mr. Chairman. I
have an objection to this section. I
don't know that I have any objec-
tions to the laborer resorting to the
individual stockholder for his hire,
but I am not in favor of the laborer
so resorting, in the first Instance. The
gentleman from Otoe (Mr. Mason)
tells me that is not what it means,
but I don't see any where h.ere that
he is not liable in the first instance.
Why not say he may be liable as a
last resort?
Mr.ABBOTT. Mr. Chairman. If
this thing is to go on in this way we
might as well abolish corporations
entirely in this state.
Mr. BALLARD. Mr. Chairman.
The section is just as I want it, for
this reason, that it operates just as it
ought to, making the individual cor-
porator liable for the hire of the la-
borer and keeps him from cheating
the poor man.
Mr. GRIGGS. Mr. Chairman. I
don't think this section is just, for it
makes the whole property of every
man in that corporation liable to the
same extent whether he is interested
to the same extent or not. For in-
stance, one man may have stock to
the amount of one hundred dollars
while another may have stock to the
amount of one thousand dollars,
when this section would make no
distinction between them as to their
liability.
Mr. MANDERSON. Mr. Chairman.
I will suggest one thing here. This
I section reads "stockholders of all
j corporations and joint stock associa-
j tions shall be individually liable for
all labor performed for such corpora-
tion or association."
It is suggested that this will place
corporations in an attitude of part-
nership. Will it not do more than
this? Suppose A, B and C, are incor-
porators of a stock association or
corporation, I labor for them, I have
a claim against them running up to
I perhaps two or three thousand dol-
lars. The extent of A's stock in that
corporation is one thousand, j-et he
is individually liable to me as a la-
borer for my claim of two or three
thousand and I am forced, if you
put this clause in the constitution,
to proceed as under the law of
partnerships, without thought as to
whether the assets of the corporation
could pay all its debts or not. I might
pounce upon the individual property
of the stockholder. It acts to a great-
er extent than the law of partnership,
and would permit me, the laborer, to
pursue the individual stockholder
against his individual property, al-
though the association might have
assets sufficient to pay the debt.
Mr. PHILPOTT. Mr. Chairman.
I move to amend by adding after the
word "associations" in first line the
following words: "In case of the
insolvency of such corporation or as-
sociation."
Mr. THOMAS. Mr. Chairman. I
understand in limited partnerships
individuals are allowed to put in a
certain amount of money, and after
giving certain notice so that every
LIABILITY OF STOCKHOLDEES
89
Friday]
person can know the assets of that
partnership, shall be liable only to
the amount of money put in. This
has been found to work well in many
states, particularly in the eastern and
commercial states and it would be
almost impossible for us in this age
of the world to get around that lim-
it of partnerships or corporations. I
am not in favor of putting any thing
in our constitution which will pre-
vent the legislature from passing
laws authorizing these limited part-
nerships. It seems to me in this sec-
tion there is an entire abolition of the
distinction between corporations and
partnerships, and we will have no
corporations at all. It seems to me
there are very good reasons why we
should not hold the individual mem-
bers of a corporation liable to the
whole amount of their property. As
the gentleman from Gage (Mr, Griggs)
has explained, an individual may
own only one share in a corporation,
amounting to one hundred dollars,
another party may own ten shares,
amounting to a thousand and they
are both individually liable. Is it
right that a man who pays in a hun-
dred dollars shall be liable to the
same extent as the man who puts in
a thousand? It seems to me the
principle is entirely wrong. The
statutes of every state in the Union
where corporations are allowed, re-
quire that certain notice shall be
given, that the community may know
what each party's share in that cor-
poration is. Is it not right he
should be liable just to the amount
he has put in, and which every party
, knows he has put in? It would be
6
[August 12
dangerous to insert any such provis-
ion as this. I believe the laborer
most assuredly, should be paid. But
can we insert such a provision in our
constitution? I think it would be
safe to leave it to the legislature..
According to section four if an indi-
vidual owns a share in a railroad, in
any kind of a corporation, he is li-
able, it matters not how small his
interest may be, he is liable to the
full amount of all his property for
the payment of all labor which has
been performed for that corporation.
Is this safe? If we provide for this
do we not practically abolish all these
limited partnerships and put a stop to
this mode of aggregating capital and
enabling capital to improve our coun-
try? I am not particularly in favor
of capital, but do we not put a stop
to the bringing of capital in our
state? For these reasons I am not in
favor of putting these restrictions in
our constitution.
Mr. KIRKPATRICK. Mr. Chair-
man. My opinion is that this section
four ought to be adopted by this con-
vention, I have no doubt of it sir, and,
if I had, the speeches made here by
certain gentlemen would convince me
it is right. Section four says:
Sec. 4. "Stockholders of all corpo-
rations and joint stock associations
shall be individually liable for all
labor performed for such corporation
or association."
Now, gentlemen, that is a wrong
provision and will prevent aggrega-
tion of capital under corporate power
to do any work of internal improve-
ment in the state. I believe that pro-
vision ought to be incorporated in
the constitution. Thera is a church
THOMA S— KIRKPATRICK
90
LIABILITY OF STOCKHOLDERS
Friday]
KIRKPATRICK-LAKE
[August 12
in this state that I admire, which
works under corporation law, it never
erects a parsonage or church except
it is done as a corporation, lu my
neighborhood they have erected 3
church and parsonage; and I kuov/
the incorporators. Suppose they let
the contract to a man to erect a
church from one kind of material or
another. They are indehied to this
man for this labor. There is no
proper fund. There may be money in
the treasury — and there is sometimes.
But what remedy has he, how can he
get this money unless he can su5 the
incorporators? I ouppo^e he would
proceed against the corporation to
sue the corporate property and buy it
in himself; but it iy not where he
wants it.
Mr. LAKE. I ask the gentleman
if he desires to propose in the organic
act, in the case he has suggested, that
all the debts owing by the corpora-
tion shall be met by one individual?
Mr. KIRKPATRICK. In my neigh-
borhood, I would state, is a man
who would pay if he could. The
main object is to secure payment for
manual labor performed for the stocK
company. Now let us enquire what
the liability of the company is. The
man is generally employed by an
agent. He performs the labor and
naturally thinks that the man who
employs him ought to pay. And if
•he finds he is not responsible then
he enquires who is. The company.
Well, what assets have they? Then
he has to proceed, according to law,
and if the company have no money
he can come on the stockholders up
to the amount of their stock.
Mr. BOYD. I would like to change
my amendment. Strike out, in the
second line "all labor performed
for" and insert "all debts of," and
add to the section "to the full amount
of the par value of their stock .''^
Mr. MANDERSOX. To borrow, for
a moment, a metaphor from my elo-
quent friend, Gen. Estabrook, as the
traveler who, all night has crossed
over our pathless and boundless
prairies, waits with interest and
anxiety for the rising sun that shall
show to him his course, and permit
him to take his bearings, so we, Mr.
Chairman, travelers over this path of
a fundamental law, wait anxiously for
the rising sun of Otoe, that the rays
that emenate from his shining, morn-
ing face may show to us our path
and permit us to take our course and
bearings. Sometimes when the day
god rises in the east, his rays are so
bright that the' very brightness there-
of, flashing the eye of the traveler
causes his blindness, and I might
make a parallel, that, groping over
this constitution — making a path, the
bright effulgence of the rays of the
sun of Otoe sometimes continues the
blindness of the weary traveler here.
Now, Mr. Chairman, let us take our
bearings and see where we are. My
colleague from Cass (Mr. Kirkpai-
rick) wishes section four to be re-
tained as it stands, and as it came
from the hands of this committee.
Now, I advance the assertion, Mr.
Chairman, and I do not believe any
lawyer upon the floor will contradict
it for an instant, that if we leave that
section four, as reported by the com-
mittee, we have the remarkable re-
sult I adverted to a moment ago;
LIABILITY OF STOCKHOLDERS ^ 9i
MANDERSON [August 12
Friday]
that notwithstanding the fact that
that corporation or joint stock com-
pany might be abundantly able to pay
all its debts, whether for labor or
material, or debt of whatever char-
acter, yet if my friend from Cass hap-
pened to be a stockholder in that as-
sociation, solvent as it is, some
enemy of his, desirous to do him in-
jury, having a claim against that as-
sociation could bring his action, ob-
tain his judgment, and pursue his in-
dividual property with an execution
and levy his execution upon his in-
dividual property before he touched
the corporation. So I say it places a
penalty upon corporations; it places
them in worse plight than if they
were partnerships under the law.
We do not want such things as this
It would not do as desired by the
gentleman from Lancaster. He says
insert "associations" provided "in
case of the insolvency of such corpo-
porations or associations" and only
after the assets of the association had
been exhausted would he permit us
to pursue the stockholder. Now, is
that right? I was born and raised
in a manufacturing city, in the Man-
chester of this country, in the city of
Philadelphia, where thousands of
shuttles flash through thousands of
looms; where the hammer of the
blacksmith is heard in thousands of
shops; where industry is in every
square. Where labor on every hand
fulfills its great mission; where capi-
tal going hand in hand with labor,
accomplishes the great results that
liave made that Quaker city the first
in manufacture in the U.S.; made it
a, place most desirable to live in;
V where can any gentleman show me
where the laborers of Philadelphia
have suffered from the fact that these
corporations are liable, simply to the
amount of their stock? I remember
a day or two ago, when talking upon
the banking article, where I advo-
cated that the same rule, which you
should apply to a banking corpora-
tion, should apply to another corpo-
ration, as it obtains in Ohio; when
I asked that the manufacturing cor-
poration and the banking corpora-
I tion should be placed upon the same
footing, and that the stockholders in
each should be liable as to the
amount of his stock then for
the amount equal to the amount
of his stock and no more, my
proposition was almost hooted in
this convention, and I was told I was
striking a death-blow to the manufac-
turing interests of this state. If that
proposition struck a death-blow, this
not only kills but buries beyond the
hope of a resurrection.
Let us look, for instance at the
manufacturing corporation. I know
of many such, know of their worK-
ings. The greatest amount they pay
in any given year is to the laborer.
The corporation gathers its iron, its
wood, its coal, but the amount it pays
for this material is but a drop in the
bucket compared to the amount paid
the skilled machinist, the worker in
the wood and iron. What is the rule
of those manufacturing establish-
ments? What is the only rule un_
dier which they can exist and carry
on their business? Every Saturday
night the laborer walks up to the
desk of the cashier and receives the
sum he needs for the support of his
family. If peradventure, owing to a
92
LIABILITY OF STOCKHOLDERS
Friday]
M ANDERS OX
August 12
stringent money market, or some oth-
er cause, the manufacturing estab.
lishment is unable to pay its labor
when Saturday night comes, there is
a murmur in the camp of the labor-
ers. If that should continue another
week, and the crying little ones and
the wife be asking for sustenance, for
bread, what is the result? The shop
closes, the laborer ceases to work;
he turns his attention to something
else. And it is rarely this occurs.
Those manufacturers know it is nec-
essary to pay the laborer as he la-
bors. Now, Mr. Chairman, I am
opposed to this amendment — I am
opposed to all these amendments, I
am opposed to this section. I adverted,
the other day to the legal part of this
question. I said that, several men
will combine to form a partnership.
By this partnership, they create a
new person, in law, and that that new
person that artificial person which
they have created, stands, in the eyes
of the law as another person. Their
capital, before, may have been
S.50.000 — each. Three men from this
partnership, and the new person
starts in business with a capital of
$30,000 having taken $10,000 from
each of its creators. Now, for the
debts of one of the partners, you can
go upon the capital of that individu-
al; for the debts of this artificial per-
son, you can goupon its capital. But,
you say, in this article that we will
extend the liabilities of this artificial
person, and that its creators shall
each be liable to all of its stock. Now,
sir, you have placed more obligations
upon this artificial person than, in
law, you can place upon the natural
person who created it. Mr. Chair-
man, I sometimes stand affrighted at
I the workings of this convention. It
I moves on like a ponderous machine,
• crushing the great interests of the
people, as it moves. I for one can
not stand here and see these great
interests thus crushed beyond hope
j of resurrection, without entering my
' protest against it.
Mr. MASON. Mr. Chairman. I
have moved no amendment to this
section — I have offered no change.
Why is it. sir, that I am so often
made a target of, or pointed at by
gentlemen upon this floor, I am un-
I able to say. I did say, sir, upon one
i occasion, that "the storm swept trav-
I eler turned his eye to the cloud cov-
I ered sky, and sought the first ray of
I sunlight by which to guide his foot-
I steps into ways of safety." I pass by,
in scornful silence, all cowardly as-
saults upon my manner of speaking,
or personal address. I am content
that the dog should bark, the wolf
j snap, and the jackass bray, either
j in delight or anger, if they find
I pleasure or enjoyment in so doing. It
; suits not my purpose now, to give to
the dog a bone, or scold the mad
wolf, or pause in admiration at the
sonorous braying of a long eared,
stout built animal who may be useful
when I am not able to see his useful,
ness or appreciate his wonderful
powers. I thought, sir, to thus leave
all these gentlemen and their as_
saults, and I leave them forever,
but stand here to say, Mr. Chairman,
that the objects I strive to attain in
this convention, must stand or fall
by the use of reason. If I, sir, have
accomplished anything towards plant-
LIABILITY OF STOCKHOLDERS
93
Friday]
ing the rights of man higher, as
against massed, and consolidated
capital, I have accomplished all I
desire. Now, sir, I am opposed to the
third section of this article as passed
by the committee. I, too, sir, am
opposed to rendering them liable as
partners. I believe in making a cor-
poration or association liable to the
extent of two-thirds, aye, more, to
the extent of the entire deposits they
receive from their friends and neigh-
bors. If this, sir, be treason to the
state, make the most of it.
Now, sir, I desire to say, first, that
somebody should pay the laborer. I
knew of one little corporation in this
state where the families of printer
boys needed bread, and they clamor-
ed for their pay, and the men consti-
tuting that company were the richest
men in my city, and they turned away
from these printers saying, "Sue the
coroporation," When I sat in the
judgment seat, and the stern law
looked me in the face, and compelled
me to turn away these printer boys
and their families, unpaid, I felt that
justice was not done, and, sir, my
heart was touched in behalf of the
laborer. If this be treason, it is the
treason God planted in my heart, and
I cannot eradicate it any more than
I can eradicate any other principle
of my nature.
Now, sir, I am in favor of striking
out the third section, and confining
this proposition exclusively to la-
bor done for the corporations, and,
sir, I am willing to sacrifice my views
so far as it conflicts with the amend-
ment offered by the gentleman from
Douglas (Mr. Boyd.) I shall not
quarrel with his proposition.
[August 12
Mr. MANDERSON. I will answer
the gentleman's question. I will say
to him if he should labor as a mill-
right and furnish a mill for a joint
stock company the law of the state
of Nebraska gives him full security
against the mill for his pay. Then
why pursue the owners individually?
Mr. TOWLE. Mr. Chairman. The
gentleman from Otoe (Mr. Mason)
and myself started out together in
this crusade for the poor man and
the rights of the people. He defying
these corporations and capitalists in
thundering tones, in the same breath
has wafted out from the position he
has taken, and he surrenders heart
and soul to these soulless corpora-
tions which he has so often opposed
here. Mr. Chairman, I stand here
opposed to this amendment and if
he deserts the ship, I will stand by
it and the poor man's interest, if I
must. I shall go down with it be-
neath the waves. Here in our new
state there are many instances where
these poor people have been cheated
out of their daily wages, whose fami-
lies were dependent upon those
wages for bread and they have been
left to suffer, I have but to point
to those counties where the B. & M.
R. R. has been operating for the last
two years and you will find poor men
everywhere swindled out of their
wages. They are generally poor men
who do not know about these corpo-
rations. They don't go to the coun-
ty clerk's office to hunt up about
them, nor do they care, for they have
neither time, opportunity, nor educa-
tion sufficient to do so; they go to
work on the spur of the moment be-
cause they must work, and I think.
MASON
94
LIABILITY OF STOCKHOLDERS
Friday] TOWLE-MYERS [August 12
sir, it is the fairest principle that we
can adopt to protect the poor man.
\t will not injure the corporation,
Dut will protect the poor man and
secure to him his pittance. While it
\s to the corporation but a drop in
the bucket it is the all of the laborer
and his family. For these reasons,
Mr. Chairman, I will oppose all the
amendments and the substitute.
Mr. MYERS. Mr. Chairman. I
don't think we ought to embarrass
these corporations by tying them up
so that they can do nothing, neither
should we let them go loose handed
so that they can cheat the laborer out
of his dues. I am in favor of the
amendment offered by the gentleman
from Douglas (Mr. Boyd), to that ex-
tent I consider it perfectly safe to
go. I think an employee is not true
to his own interests and safety if he
gives his labor to the corporation for
a longer time than three or four
weeks without receiving the cash. If
ihe does not secure his pay promptly
he ought to retire from the employ.
Now, I know of a law that gives the
laborer a lien upon the manu-
facturing establishment for the
period of sixty days. If he allows
his pay to be delinquent beyond that
he could not recover a single dollar.
That was the law in Pennsylvania,
and it was a just law.
The CHAIRMAN. Mr. Boyd with-
draws his first amendment and of-
fers the following in place of it: To
strike out in the first line "all labor
performed for," and add to the sec-
tion "to the full amount of their en-
tire stock."
Mr. ROBINSON. Mr. Chairman. I
am inclined to differ with my friend
from Douglas: I hold that he could
maintain no such action as to recover
from the associate stock-holders their
proportion of the amount he may be
liable for; they are placed in the
same position as partners, and he
could not sue his partner; but he
could charge it against his partner
in account, which would amount to
the same in the end. But I contend
this would put them in a worse con,
dition than a partnership. If a per_
son brings suit aganst a partnership
he is obliged to sue the whole firm,
but here he may sue the individual
stockholder. I suppose this is the
same question that was brought up
yesterday, and I suppose it is no
use to talk for the members have
made up their minds. I contend that
there is no difference either in law or
in principle that should stand be-
tween capital and labor. One cannot
exist without the other, and to get
up this war between them, it is
wrong, and, I believe, gentlemen have
advanced this who know that they
are wrong, and yet we hear of
danger to labor from aggregated capi-
tal. Now, sir, where is the laborer
to receive his hire except from the
capitalists? If I have the capital I
can hire the laborer, but if I have not,
he has got to "root hog or die."
Capital furnishes the laborer from
day to day with the means to get his
own bread, and without it he would
have to go without for a time and
be his own capitalist.
I am inclined to think, Mr.
Chairman, that this thing has
got to come before the peo-
ple. I hope if there is to be any
change in the law it will be a radical
LIAHIL1T7 OF STOCKHOLDERS
95 J
Friday]
change. Why, sir, where do the geh-
tlemen get authority for this? They
cite a few cases where some laborer
has suffered for want of his pay. We
are told there is a corporation at
Nebraska City, when the laborers
called upon them for pay, they were
told to sue the corporation, that was
the remedy. Because this corpora-
tion was so unfortunate as not to be
able to pay, and because the incorpo-
rators happened to save out from in-
vesting in their corporation some-
thing to live upon, he thinks the
laborer ought to be allowed to live
upon that. How would the gentle-
man disposed of a case like this? A,
B and C, undertook a partnership,
they carry on a business too heavy
for them and fail, owing their clerks
and laborers. What shall be done
in such a case as that? It is a case
fully as grievous, even more so, for
very frequently these corporations
will revive and carry on their busi-
ness once more and pay the old debts
which never can happen in the case
of a private concern. If they fail
once they generally fail for all time;
how are these great reformers go-
ing to help the laborer out of this
difficulty? Why do they not compel
these partners to preserve a portion
of their capital in order to nnsT^er
for any failure which may in any
contingency happen. I contend this,
Mr. Chairman, that if A. is a rich
man, if he has brought his family up
in affluence, if he has educated them,
indulged them in every luxury the
country will afford, and is so unfortu-
nate as to invest all in a corporation
which fails, and he loses his all, that
reason would give to A who thus in-
[August 12
vests his capital in this incorpora-
tion a greater right to resort to the
individual property of the incorpo-
rators than it would give to the la-
borer; his loss is greater, the stand-
ard of living to which he and his
family have been used is higher and
the suffering far greater. I think
all this talk in favor of laborers is
a kind of wishy washy sentimental
twaddle, I do not think the laborer
stands upon any better footing than
any other man; I contend the law
should be made equal so that the
laborer should have his just rights.
Mr. BALLARD. Mr. Chairman. I
only wish to make a few remarks
explanatory of the vote I shall give
in this case. Gentlemen upon this
floor have expressed a very great as-
tonishment that this convention
seems to be moving in a certain di-
rection, and they tremble because of
that certain direction. That direc-
tion seems to be to blind monopolies,
place them where they should be un-
der the law, to give the laborer an
opportunity of receiving a just recom-
pense for his services. Now, sir, I am
the friend of the laborer, who is the
backbone and sinew of the country,
and wish them to be placed where
they cannot be defrauded by these mo-
nopolies. Today there are thousands
of dollars justly due labor in Wash-
ington county which they have lost
by the trickery of monopolies. Who
is it that defrauds the laborer? As a
general rule, is it the farmer or the
man of integrity? No, it is these
monopolies that do it, we wish to
place them under the law, where
they cannot very well do this. I
shall vote for this section as reported
ROBINSON— BALLARD
96
LIABILITY OF STOCKHOLDERS
Friday]
by the committee.
Mr. GRIGGS. Mr. Chairman. The
only reason I have for speaking up-
on this question is, as several gentle-
men already remarked, to explain my
vote. Some men have pretended to
be the friends, and the only friends
of the laborer, and that we, who op-
pose this section, as reported by the
committee, are enemies to the labor-
er. I am not opposed to the inter-
ests of the laborer, I know that I
have frequently volunteered my ser-
vices as an attorney, to assist a labor-
er to obtain his rights. I will not al-
low the gentleman from Otoe (Mr.
Mason) and the gentleman from
Richardson (Mr.- Towle) to go far-
ther than I in defence of the laborer's
rights. Suppose the gentleman from
Otoe (Mr. Mason) has $3,000, he in-
vests one thousand in stock in some
corporation, suppose, then, that he
has an enemy and that this corpora-
tion is owing to this enemy three or
four thousand dollars. Is it right
that this man should have the right
to proceed at once against him and
collect, not only the one thousand
he has in the corporation, but sweep
the entire property of the gentle-
man away from him, and leave him,
»s it were, a pauper on the charity of
the world? I believe the just prin-
ciple is, first to exhaust the stock he
has in the corporation, and if there
is anything back of that, let Uiem
collect it from the individual mem-
bers. Again, I do not believe any
laborer in the state, under the law as
it has existed in our state, has suf-
fered. We have a mechanics' lien
law that allows them about four
months to file their liens, and col-
[ August 12
lect the same. The laborer has been
protected to this time by our exist-
ing laws, and the amendment offered
by the gentleman from Douglas (Mr.
Boyd) leaves the law just as it is
now. I do not think we should be
so stringent as this, I do not be-
lieve we should strike at the very
heart of all the interests of our grow-
ing state. I believe, further, that it
is the action of a demagogue to at-
tempt to array capital against labor,
I do not believe that the interests of
the laborers of this state allow it.
If we pass such a law as the one this
committee has reported, we strike a
blow at the very heart of all the cor-
porate manufacturing interests of
our state; and if it is passed, it will
tend to help cast this whole constitu-
tion back into our hands a dead let-
ter; therefore, Mr. Chairman, I sim-
ply have to say, I cannot in view of
justice, and right, in view of the
rights of the laborer and the rights of
those who enter into partnership or
into a corporation of this kind, I
cannot support this section as report-
ed by the committee. What reason
is there that we should make a cor-
poration, perhaps of three men, who
pay $10,000 into a concern, liable
to a separate liability under the law
any further than partners? I do not
think it is right and that my constitu-
ents would support me.
Mr. PHILPOTT. I withdraw my
amendment by consent.
Mr. TOWLE. Would you hold that
even under section four, a laborer
could sue an individual partner with-
out first exhausting the association?
Mr. GRIGGS. I will answer the
gentleman by reading section three:
GKTGGS
LIABILITY OF STOCKHOLDERS
97
GRIGGS— LAKE
[Aujfust 12
Friday]
"Dues from corporations shall be
secured by the individual liability of
the corporators and other means as
may be prescribed by law."
Mr. LAKE. I hope this convention
will not do so foolish a thing as to
engraft this section four upon the
constitution. It seems to me, Mr.
Chairman, that we should keep some-
what within the beaten path of the
law in this respect; that we should
not go too far in advance of what
(has already been done with tespect
to corporations, and these associa-
tions where capital is aggregated for
the purpose of advancing some spe-
cial interest of importance to the pub-
lic. Now, sir, it is unquestionably
true that by the provisions of sec-
tion four, every individual member
of a corporation would be liable for
any debt which the corporation
might contract with the laborers. Is
it desirable that a laborer or any
other creditor of a corporation
should have that privilege? He
makes his contract with the corpora-
tion, ought he not, at least, in the
first instance, to pursue the artificial
person with whom he made the con-
tract? The honorable gentleman
from Cass has asked that, even if
under the provisions of this section,
an individual corporator, is com-
pelled to pay such a debt, if he has
not the privilege of resorting to the
corporation for the purpose of recom-
pensing himself for the outlay? Un-
questionably he may do that; but
would it be just? Would it be right?
Would he himself be in favor of in-
corporating in the laws of the state
any such system, any such multiplici-
ty of suits as to say that the person
who, at most, ought to be a mere
surety, should be proceeded against
in the first instance? It would be
like proceedings against a surety up-
on a promissory note in the first in-
stance, and then compelling that su-
rety to proceed against his principal.
It seems to me it is reversing the or-
der of procedure as has been well
established for thousands of years.
I would make no innovations upon
the law, as it has been settled by
practice in the past. I would limit
the liability of the individual corpo-
rator, and, say, in addition to the
amount of stock he had taken in the
corporation that he should be liable
only to a limited extent, and why
would I do this? It is because, if there
be no limit to the liability of an in-
dividual corporator, or to the debts of
the corporation, that it would place
any person subscribing to the capital
stock of a corporation in a worse
position than he would be if the cor-
porators were united in an ordinary
partnership. And it has been said
that there have been injurious results
from the formation of these corpora-
tions; persons have been cheated out
of their dues. Well, I would ask
gentlemen who have so often reiter-
ated these assertions of persons and
laborers having debtb due from cor-
porations, if they have never heard
uf persons losing debt^5 due them
from private persons? How often
is it that cases are brought up in
our courts where individuals claim
sums of money that are due them
from private persons and after hav-
ing obtained a judgment, executions
issue in vain to collect those judg-
98
LIABILITY OF STOCKHOLDERS
Friday]
LAKE
nients? The gentleman from Rich-
ardson says there have been abuses
in his section of the country. The
gentleman from Washington (Mr.
Ballard) has asserted upon this floor
that there have been abuses in his
particular section of the country,
from the non-payment of debts by
corporations. I challenge any gen-
tleman upon this floor to point out
a single instance, since railroads com-
menced their operations within this
state, of the laborers employed di-
rectly by railroad companies operat-
ing within this state, losing a single
dollar for services performed for
railroad corporations directly. If
there have been abuses of that kind
which the gentlemen have referred
to, they were not where railroad cor-
porations have cheated laborers, but,
sir, it has been persons, individuals,
private persons, who have taken con-
tracts from these corporations, and
have, in their individual capacity,
and not in a corporate capacity, re-
fused or neglected to pay their debts.
The suffering which it has been said
has accrued has been occasioned by
the insecurity of private persons and
the unstable character of private
liability. It is well known that cor-
porations usually pay, as stated by
General Manderson, weekly, or with-
in two or three weeks at farthest.
They do not generally let the debts
due employees run any length of
time. And, sir, abuses do not exist
as in fact against corporations, but
very frequently against individuals
who take contracts as sub.contractors
under corporations. Now, sir, the
gentleman from Lancaster truly
asked where did we get authority to
[August 12
engraft any of these peculiar notions
upon the organic law of the state?
Whence comes the authority? Who
has demanded it? The people of the
state, have in times past, had it with-
in their power to demand of their
legislatures sitting here at the capi-
tol, making laws to engraft upon the
statute books laws which would se-
cure the very things we are proposing
to engraft upon the fundamental law.
Like provisions might have been
made by the legislature if the peo-
ple of the state had demanded them;
but the people of the state have
not demanded them, and while
it would be unsafe to make any
such provision of law by an or-
dinary statute, would it not be ten
times more unsafe and unreasonable
to engraft it upon the constitution,
so that it would be irreparable, and
could not be reached, no matter how
oppressive or deleterious to the
public interests it might operate.
Now, Mr. Chairman, let us exercise
some little wisdom and discretion in
this matter; let us not go far beyond
what has been done in other states —
states where they have had much
more experience in this matter than
we; states where capital has been
aggregated; states where great pub-
lic improvements have been carried
on, where great manufacturing in-
terests have been successfully intro-
duced and are now in successful oper-
ation. Let us take some lessons
from Their experience and, not merely
for the purpose of obtaining a little
cheap reputation, decry capital in
such a way as shall tend most suc-
cessfully to keep it beyond the limits
of our state.
LIABILITY OF STOCKHOLDERS
99
Friday]
I am in favor of the proposition of
my colleague (Mr. Boyd). I believe
there ought to be, under all the cir-
cumstances, a liability of stockhold-
ers beyond the amount of the capi-
tal stock they subscribe. But I
would limit that liability. When we
say we will limit it we have done all
that ought to be done. No constitu-
tion goes further than that, and
with that we ought to be content,
and ought not to engraft any pro-
visions upon the constitution which
have been tried, either by virtue of
legislative enactment or by the oper-
ration of a like provision of a consti-
tution in some other state. I shall
support the proposition of my col-
leagues.
Mr. SPRAGUE. I like the amend-
ment offered by the gentleman from
Douglas (Mr. Boyd) so far as it goes,
but to my mind it does not go far
enough, and if I am in order I wish to
insert, after the word "association,"
in the second line, as follows:
"Stockholders of all corporations
and all joint stock associations shall
be individually liable for all debts of
such corporations or associations af-
ter the exhaustion of the corporate
property to the full amount of the
par value of their stock."
My object in offering this amend-
ment is simply this. It is for the
purpose of compelling the person to
whom the indebtedness is due to first
exhaust the property of the corpora-
tion, before the stockholders shall be
liable.
Mr. McCANN. Mr. Chairman. I
would like the adoption of this
amendment if it is acceptable to the
mover of the first amendment.
[August 12
Mr. BOYD. I accept the amend-
ment.
Mr. KIRKPATRICK. Mr. Chair-
man, There is a new amendment
before the convention, upon which I
will take occasion to say something
before I vote upon the question. I
have been somewhat amused by the
course the discussion has taken upon
this question. Gentlemen who are in
favor of the section as reported by the
committee, and opposed to the
amendments, are charged with dema-
goguism. I do not propose to reply
unless I should have more cause than
I have heretofore had. I am willing
to concede that gentlemen may be
sincere on all they may say on this
question, but I am not willing to be
called a demagogue because I defend
the rights of labor. Sir, I hurl back
the charge with sc^orn for those who
make it.
Mr. HASCALL. Mr. Chairman. I
call the gentleman to order; he has
spoken upon this question.
Mr. KIRKPATRICK. No, sir, it
is not the same proposition.
Mr. HASCALL. The amendment
has been accepted.
Mr. KIRKPATRICK. Mr. Chair-
man. It will be understood that in
reply tomy question, addressed to the.
legal gentleman from Douglas, llv.
Manderson said that in case a stock-
holder should be compelled to pay
a debt due for labor done for a cor-
poration, that in such case he would
have a legal claim against said corpo-
ration for the amount so paid. The
other gentleman from Douglas, Mr.
Lake concurred in that opinion, but
he claims that we ought not to hold
stockholders liable beyond the
LAKE— SPRAGUE
100 LIABILITY OF STOCKHOLDERS
Friday]
amount of stock held, and not at all
until the remedy had been exhausted
against the corporation. The other
gentleman from Douglas, Mr. Myers,
in a speech he made on this question,
contended that the laborer ought to
be required to prosecute his claim
against the corporation, pushing it
even to bankruptcy, before he should
be allowed to sue an individual stock-
holder. From all this I dissent. The
labor performed is often pure manual
labor, and performed by persons who
do not stop to consider the legal im-
pediments in the way of collecting his
pay, and I believe they should have
direct recourse against the stock-
holders as well as against the corpo-
ration. I never performed any la-
bor for a corporation, except as a
director.
Mr. LAKE. Would he not proceed
then against the individual?
Mr. KIRKPATRICK. I incline to
the opinion that even in the' case
wherein the stockholders are made
liable as individuals for such debts,
that the claim would in the first in-
stance have to be prosecuted against
the company or corporation; but I
would put it out of the power of a
corporation, to defraud the laborer
of a single cent of his pay.
The gentleman from Gage (Mr.
Griggs) has what he seems to think
a very strong and convincing case
against the individual liability of
stockholders, which he has very flip-
pantly and pathetically presented in
the discussion of this question, as
well as on one or two other occa-
sions, when kindred topics were
being considered. He supposes that
three gentlemen each being worth
[August l!
thirty thousand dollars, become sub-
scribers to the capital stock of a
corporation to the amount of tec
thousand dollars each; and to make
us see more clearly, he always sup-
poses the Hon. Chief Justice to be
one of the three. He then supposes
that some man has done work for the
company, worth thirty thousand dol-
lars, who singles out the Chief Jus-
tice, from whom he collects thirty
thousand, thus beggaring him and
turning his innocent and helpless
family out upon the cold charities
of an unfeeling world.
Now, Mr. Chairman, that is a sad
and touching picture. It has so often
been presented to the gaze of this
convention that I presume it must
be stereotyped, and I hope the gen-
tleman will claim and secure his
copyright.
Mr. MOORE. Mr. Chairman. I
beg the indulgence of the convention
for a moment only. I was greatly
surprised that so many arrows pois-
oned with venom were cast at our
worthy Chief Justice. Why should
he be made a special mark for en-
vious and angry passions to aim at?
But when we consider that he has at
all times stood up as the advocate of
the weak and defenseless against the
rich and powerful it is not to be
wondered at that he should attract
particular notice or be subject to the
malign attacks of envy and preju-
dice. It seems to me his conduct
upon this floor has always been char-
acterized by a straight forward, man-
ly and just course of action, and the
honorable gentleman's name will live
upon the pages of our state history
long after these partizans of rich- and
KIRKPATRICK -MOORE
LIABILITY OF STOCKHOLDERS
101
MOORE
[August 12
Friday]
powerful corporations "shall go
down, down like the dull worm to
rot, sink in the loathsome earth and
he forgot."
The gentleman from Gage arises
to explain his vote. I shall let my
vote explain itself. I once read in
a hook "Cursed is he who removeth
his neighbor's landmark," and "an
unjust balance is an abomination to
the Lord." Also it is written "An hon-
est man is the noblest work of God."
Now, sir, all that is claimed by this
section under discussion is that the
laborer should be worthy of his hire,
that he shall be entitled to and re-
ceive the just reward of his labors.
If your corporations are honest, not
wishing to enrich themselves at the
expense of the poor laborer, then
this provision can work them no
harm whatever.
Should they ever attempt to de-
fraud the honest laborer then this
provision will, if adopted, tend to se-
cure the poor man in his just rights.
It is said a corporation is an intan-
gible thing "without soul to be
damned or body to be kicked." Now
if a corporation be such an animal
as this I think it would be good poli-
cy in us to get a pretty good hold up-
on it, and hang on instead of turning
it loose to act honest or dishonest, to
build up or tear down as it may suit
its lordship's convenience. It has
been asserted here that our railroads
have never done such an unseemly
thing as delay or refuse just pay-
ments to honest laborers. This is
certainly praiseworthy and certainly
this class of corporations should go
at par value for honesty. But lest
some dishonest man or men should
worm themselves into these honest
corporate bodies and eat out this val-
uable quality,they are said to contain,
I think it will be no more than right,
at least, no more than is demanded of
us by the people, to insert a section
here which will well secure the poor
man who lives by his labor in his just
rights. The people of the state will
not complain, and I am certain these
good, honest, self-sacrificing corpo-
rations should not object, if, for no
other purpose, than to show to the
world that all these declarations of
honesty are well meant.
Sir, Mr. Chairman, I am not in
favor of giving these corporate bodies
the utmost license in this respect
for perhaps there is not one member
here who cannot relate some one in-
stance wherein frauds have been per-
petrated upon the poor man. For
instance, a rich man, honorable and
high minded, becomes a member of
a corporate body — is made an officer
in said body and controls all its acts
— this officer in pursuance of his du-
ties -contracts with the poor laborer
for labor to be performed. His high
standing in the community and his
known wealth readily secures him the
laborers he needs, and when this con-
tract has been fulfilled upon the part
of the laborer and his demand for
payment has been made, is told by
this man, known to be worth thous-
ands, that there is no money in the
treasury, and he must go unpaid.
Now, sir, has this never happened?
Have no instances of this kind ever
come to your notice? I feel confident
there are many cases similar to the
one mentioned, and I do not propose
that my vote shall be given to en-
102
LIABILITY OF STOCKHOLDERS
Friday
MOORE
courage anything of the kind. The
laborer is held responsible for the
fulfillment of his contracts. He is
not permitted to say there is no mon-
ey in the treasury. I am broke, I
am worth nothing and you cannot
have your money. No, sir, the law
demands from him every tithe, every
cent due from him to others, but the
rich corporation can turn the poor
man away unpaid, to return to his
home, to meet his half starved wife
and children clamoring for bread to
eat, or clothes to hide their naked-
ness. I propose to say, by my vote,
that if the poor man must have pro-
perty sold to pay honest debts the
rich corporator shall be forced to do
the same thing. When a man has per-
formed all that he has to perform he
asks for his pay and the pay master
has not come, and he says, I will pay
you next week. When that time
comes around he is put off with an-
other excuse and so he is put off
four or five months before he can get
his little pittance; now I ask if this
is fair? I was musing when section
four was read. I observed several
gentlemen here clap their hands up-
on their pocket books, as though they
were afraid something would get out.
They seemed afraid some poor man
would get his money. Here is a cor-
poration formed, supposed to be
worth one hundred thousand dollars.
I am one of that corporation and I go
to my neighbor and say to him, come,
and do some work for me. He knows
that I am an able man, and he comes
and works five or six months and de_
mands his pay as his due. How is
it? I have been somewhat familiar
with some companies, insurance
[August 12
companies and I know of laborers
cheated out of their wages while the
individuals of the corporation were
worth their thousands of dollars.
Some man remarks here that he is
a fool, if he works over two or three
weeks without getting his money.
Aye, sir, there is many a poor fool
who has to depend on his daily labor
for bread for his wife and family,
and he cannot afford to leave a job
of work although he has to wait
long sometimes for his pay. Then,
sir, I say that because I have given
character to this corporation, and
was the means of bringing the poor
but honest laborer to trust in this
corporation for his wages, if they are
withheld, I say, let the laborer get
his money where he can, of the man
who is able to pay him, and let that
man who is a member of the corpor-
ate body get his money from them. It
is a great deal easier to sue an in-
dividual than a corporate body. For
if he gains his case in the first in-
stance, they take it to the various
courts until he is unable to follow
it, for he never can pay his lawyer
and carry his case through, and in
the end has to lose his hire. In
the language of the Chief Justice, if
this is treason, then I want to go for
this kind of treason. When you
stand up here and support your cor-
porate bodies in opposition to the
poor laborer, then let the people
know who they are who support
such measures, and they will know
it gentlemen. I tell yOu that man-
kind, ever since corporate bodies
have been started, have been op-
pressed by them, and will be, so long
as we do not restrain them by law.
LIABILITY OF STOCKHOLDERS
103
Friday]
Then, I say, let us put in the constitu-
tion that every man who labors for
them shall receive just compensa-
tion for his labor, if not from the
corporation, then from the individu-
al who is a part of it. It is remarked
liere by some gentlemen, I don't
care who: He says this is all dema-
goguery
Mr. HASCALL. Mr. Chairman. I
think the gentleman's time is up, un-
der the rule.
Mr. MOORE. I will not take the
time of the committee. I am satis-
fied that this convention will put
this section into the constitution.
About section three, I am not as par-
ticular, as this one. I intended sec-
tion three to cover general liabilities,
but section four to cover the wages
of poor men. This, I would never
agree to have stricken out. I think
it is the gem of the whole thing.
The CHAIRMAN. The question is
on the amendment offered by the
gentleman from Saunders (Mr.
Sprague) and accepted by the gen-
tleman from Douglas (Mr. Boyd.)
The committee divided and the
amendment was agreed to.
The CHAIRMAN. The question is
on the adoption of the section as
amended.
Section four was adopted.
The Chairman read the next sec-
tion, as follows:
^ Sec. 5. The legislature shall pro-
vide by law' that in all elections
for directors or managers of incor-
porated comnanies every stockholder
shall have the right to vote in per-
son or 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 cum-
Jilate said shares and give one can-
[Aufrust 12
didate as many votes as the number
of directors multiplied by the num-
ber of his shares of stock shall equal,
or to distribute them on the same
principle among- as many candidates
as he shall think fit, and such di-
rectors or managers shall not be
elected in any other manner.
Mr. ROBINSON. Mr. Chairman.
Either this section should be stricken
out, or the first line of it. I move to
strike out the whole section.
Mr. MASON. Mr. Chairman. I
move the adoption of the section, it
should not be stricken out.
Mr. WAKELEY. Mr. Chairman.
This touches me nearly. I will not
take occasion to discuss the genera}
principle involved in this section. As
far as I am concerned, that discussion
is ended, and I ask gentlemen, with-
out reference to what their views
may be in respect to the principle
of minority representation in politi-
cal affairs, to reflect upon the effect
of this section and upon the elfect of
striking it out. What is the evil in-
tended to be remedied by this sec-
tion? It is this. I have no special
and peculiar knowledge about the
manner in which officers and direc-
tors in corporations are chosen, but
as a matter of general information
a'nd public notoriety everybody
knows this, in the election, for in-
stance, of directors in a railroad cor-
poration, what is done? A few gen-
tlemen holding a majority of the
stock in the corporation effect a com-
bination, agree upon a ticket for di-
rectors; they do it with reference
to certain aims, objects and purpos-
es they have in view. They wish to
adopt ' some scheme which will
brush out the smaller stockholders.
MOORE- ROBINSON
104
MINORITY OF STOCKHOLDERS
Friday]
and give tlie control of the corpora-
tion to themselves. And, Mr. Chair-
man, if I know anything about the
history of the New York & Erie
railroad swindle, which towers up in
such gigantic proportions that the
iniquities practiced by that company
shocks the whole civilized world. If
I know anything about the means
and appliances, frauds, corruptions
and felonies by which that result was
accomplished, it was done in the
very way which is intended to be
stricken down by this provision. The
speculators, Fisk, Gould and others
by some combination got control of
the majority of the stock in the Erie
railroad, they selected their ticket
and in the election for directors vot-
ed solid for their combination ticket,
and having got control of the rail-
road they have held it in their iron
grip and pocketed the proceeds of the
road, bid defiance to all the stock-
holders in the minority, and today
capitalists owning something ap-
proaching to one-half the stock are
excluded from all participation in itt,
affairs. Fisk, Gould and company
have gobbled the entire institution
and divided the proceeds to suit
themselves and for years past the
courts of New York have been har-
rassed and appealed to in vain, by
gentlemen who have been robbed of
their means by this iniquitous com-
bination. What would have been the
result if the minority of the stock-
holders could have elected their
share of the directors, if they could
not have controlled affairs, they
would at least have had a voice in
its management in proportion to
their numbers, they would have had
[August 12
their directors, and some knowledge
of the inside working of the institu-
tion, in other words, they would
have been able to protect their
rights. Let some gentleman tell me,
give me any good reason why a mi-
nority of the stockholders should not
have a proportionate representation
in the board; if there are one thous-
and shares represented, and the di-
rectors to elect, if one set of men are
supported by four common shares
and another set by six common
shares, should not the minority have
four-tenths and the majority six-
tenths of the directors of the corpo-
tion? Is not that fair and honest?
I go for this upon principle. This
section was adopted by the Illinois
convention. It was not submitted to
the people, but was considered a
matter so clear, so manifestly right
that it was embodied in the organic
law, and I do not know that I have
ever heard its justice or wisdom
was doubted. Do not let us vote this
down, and if there are any real ob-
jections to it let the gentlemen make
them known upon the floor. It is
a rule of justice and righteousness if
I own one-tenth stock in a corpora-
tion, or if I and my friends own two-
fifths, that a majority holding three-
fifths have no right to seize upon the
corporation, elect the entire board
of directors, and exclude the minori-
ty from any participation in its
management. If there is any prin-
ciple of justice in it. I desire to
hear it stated and defended here on
this floor. Personally I do not own
a dollar of stock in any corporation,
and propose to keep clear of them
WAKELEY
MINORITY OF STOCKHOLDERS
105
Friday]
as far as I possibly can. I do not
speak from any interest I or my
friends have, but speak in the inter-
est of justice and right.
Mr. LAKE. Mr. Chairman. I pre-
fer this section should be retained.
I observe it is a literal copy of the
Illinois constitution.
The CHAIRMAN. The question is
upon striking out the section.
The motion was not agreed to so
section five was adopted.
Mr. THOMAS. Mr. Chairman. I
desire to offer an additional section.
The secretary read the section, as
follows:
"All existing charters or grants of
special or exclusive privileges, under
which organization shall not have
taken place, or which shall not have
been in operation within 10 days
from the time this constitution takes
effect, shall thereafter have no va-
lidity or effect whatever."
The CHAIRMAN. The gentle-
man from Nemaha offers an addition-
al section to the article. Are you
ready for the question?
The section was adopted.
Mr. THOMAS. Before the com-
mittee rise, I would like to call the
attention of the committee to the
first section of this article. I am in
favor of the principle embodied in
that section, but it seems to me it
is not what the convention intended
on this subject. If in order, I would
like leave to move that the first, sec-
ond and third lines be stricken out,
and the first section of the Illinois
article inserted in its place. Can
I have leave?
"Leave," "leave."
Mr. THOMAS. It reads as fol-
lows:
[Augfust 12
S'ec. 1, No corporation shall be
created by special laws, or its charter
extended, changed, or amended, ex-
cept those for charitable, education-
al, penal or reformatory purposes,
which are to be and remain under
the patronage and control of the
state, but the general assembly shall
provide, by general laws, for the or-
ganization of all corporations here-
after to be created.
Mr. MYERS. I move that we
adopt the remainder of the Illinois
constitution and go home.
(Laughter.)
"Question!" "Question!"
Mr. TOWLE. I move to amend
by inserting the constitution of Penn-
sylvania. (Laughter.)
Mr. MYERS. I will withdraw it
for fear it should be adopted.
The amendment of Mr. Thomas
was agreed to.
Mr. MAXWELL. I move that the
committee do now rise, report the
article back to the convention as
amended, and recommend that sec-
tion three be stricken out and the
rest of the article adopted.
The motion was agreed to.
Mr. WILSON. Mr. President. The
committee of the whole who have had
under consideration the report of the
committee on miscellaneous corpo-
rations, recommend that section
three be stricken out and the rest
of the article adopted.
Ill Convention.
Mr. GRAY. Mr. President. I
move that the convention consider
the article just reported by the com-
mittee.
The motion was agreed to.
Leave of Absence.
Mr. NELIGH. I ask leave of ab-
WAKELEY— LAKE— THOMAS
106
MISCELLANEOUS COKPORATIOXS
Friday]
MAXWELL-MYERS-WILSON
LAujfust 12
sence until Wednesday.
Leave granted.
Mr. MAXWELL. I ask leave of
absence until Monday at two o'clock.
Leave granted.
Miscellaneous Corporations.
The secretary read the first sec-
tion, as follows:
Section 1. No corporation shall be
created by special laws, or its char-
ter extended, changed or amended,
except those for charitable, educa-
tional penal or reformatory pur-
poses, which are to be and
remain under the patronage and con-
trol of the state, but the general as-
sembly shall provide, by general
laws, for the organization of all cor-
porations hereafter to be created.
All general laws passed pursuant
to th's section may be altered from
time to time or repealed.
The first section was adopted.
Adjournment.
Mr. KIRKPATRICK. I move that
the convention adjourn.
' The motion was not agreed to.
Miscellaneous Corporations Ajiaiii.
The secretary read the next sec-
tion, as follo-^/s:
Sec. 2. All corporations shall
have. the right to sue, and shall be
sued in all courts in like cases as
natural persons.
The second section was adopted.
The secretary read the next sec-
tion, as follows:
Sec. 3. Dues from corporations
shall ■ be secured by the individual
liability of the corporators and other
means as may be prescribed by law.
Mr. MAXWELL. I move to strike
out.
The motion was agreed to.
The secretary read the next sec-
tion, as follows:
Sec. 4. Stockholders of all cor-
porations and joint stock associations
shall be individually liable for all
debts of such corporation or associa-
tion after the exhaustion of the cor-
porate property to the full amount
of the par value of their stock.
Section four was adopted.
The secretary read the next sec-
tion, as follows:
Sec. 5. The legislature shall pro-
vide by law that in all elections
for directors or managers of incorpo-
rated companies every stockholder
shall have the right to vote in per-
son or proxy for the number of
^hares 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
cai\didate as many votes as the num-
ber of directors multiplied by the
^ umber of his shares of stock shall
-^qual, or to distribute them on the
same principle among as many can-
didates as he shall think fit. and such
directors or managers shall not be
elerted in any other manner.
The fifth section was adopted.
The secretary read the next sec-
tion, as follows:
Sec. G. All existing charters or
".rants of special privileges, under
'vhich organization shall not have
^aken place, or which shall not have
been in operation within ten days
^rom the time this constitution takes
'Effect, shall thereafter have no vali-
ditv or effect whatever.
The section was adopted.
The PRESIDENT. The question
is upon having this article engrossed
and read a third time.
Agreed to.
Mr. GRIGGS. Mr. President. I
move we adjourn.
The motion was agreed to.
So the convention (at twelve
o'clock and five minutes) adjourn-
ed.
MISCELLANEOUS CORPORATIONS
107
Friday]
McC ANN— STEWART
[August 12
AFTERNOON SESSION.
The convention met at 2 o'clock
and was called to order by the presi-
dent.
No Quorum.
On the calling of the roll it ap-
peared that there was no quorum
present, only eighteen members
having answered to their names.
Mr. McCANN. Mr. President.
There are several members in the
supreme court room attending to im-
H'ortant committee business and I
hope that they will be considered
present.
Call of the House.
Mr. STEWART. I move a call of
the house.
The motion was agreed to, and the
secretary called the roll.
The President announced the re-
sult :^ — Present, 40; absent 12; as
follows:
PRESENT.
Ballard.
Moore,
Boyd,
Myers,
Curtis,
McCann,
Cassell,
Newsom,
Eaton,
Philpott,
Estabrook,
Reynolds,
Gibbs,
Robinson,
Granger,
Stevenson
Gray,
Stewart,
Griggs,
Sprague,
Hascall,
Scofielfl,
Kenaston,
Speice,
Kilburn,
Shaff,
Kirkpatrick,
Thomas,
Lake,
Thummel,
Lyon,
Tisdel.
Majors,
Vifquain,
Mason,
Wakeley,
Manderson,
Weaver,
Wilson,
Mr. President.-
—40.
Abbott,
Campbell,
Grenell,
Hinnian,
Ley,
sent
ABSENT.
Maxwell,
Neligh,
Parchin,
Parker,
Price,
Towle,
Woolworth. — 12.
The Sergeant -at arms w
after the absentees.
The PRESIDENT. The report of
the committee on railroad corpora-
tions is here.
Reports.
Mr. WAKELEY. Mr. President
I desire to make a report.
The secretary read the report, as
follows:
Mr. President. I am instructed by
a majority of the committee to whom
was referred certain propositions
herewith returned, to report that it
is not, in the opinion of the com-
mittee, necessary or expedient to
make any special provision as to
the taxation of lands granted to rail-
road corporations or the credits of
such corporations, and they do not
recommend the adoption of either of
said propositions.
E. WAKELEY.
Chairman of Committee.
Sec. — . All lands in this state
heretofore granted, or that may here-
after be granted by the United
States to any corporation or to
which any railroad corporation, is
now or hereafter may become enti-
tled by the building of its railroad
or otherwise, shall be subject to tax-
ation, from the time the grant there-
of takes effect, and every corpora-
tion shall be subject to taxation up-
on all credits accruing to the same,
in respect of the sale or what dispo-
sition soever of such lands.
Sec. — . Any corporation created.
108 TAXATION OF RAILROADS
Friday] WAKELEY— THOMAS— McCANN
or hereafter to be created, and which
has, or shall receive land grants
from the Federal government, shall,
after they have begun to dispose of
said lands under their so-called
"pre-emption laws," be taxed upon
land bonds as upon notes or credits,
and the legislature shall provide by
law for the strict enforcement of
this provision.
Mr. THOMAS. Mr. President. I
have a report to offer.
The secretary read the report, as
follows:
Mr. President. The undersigned,
a minority of the special commit-
tee, to whom was referred certain
propositions in relation to the tax-
ation of railroad lands and credits,
would respectfully report that they
cannot concur in the report made by
the majority of the said committee,
but recommend that the following
section be embodied in the constitu-
tion.
O. P. MASON.
E. W. THOMAS.
N. K. GRIGGS,
R. F. STEVENSON.
All lands in this state heretofore
granted, or which may hereafter be
granted by the United States to any
railroad corporation which is now or
hereafter may become entitled by the
building of such railroad shall be
subject to taxation from the time the
same were designated and set apart
or surveyed and set off to said cor-
poration.
Committee of the AVhole.
Mr. McCANN. Mr. President. I
move we now go into committee ot
the whole upon the consideration of
the report of the committee on Reve-
nue and finance.
Mr. WAKELEY. There is one
matter, Mr. President, that has been
[August 12
in committee of the whole and can
soon be disposed of. It was made
a special order, but was passed over.
I move that the subject be consid-
ered in connection with the report
of the committee on Revenue and Fi-
nance. I refer to the report of the
committee on electoral and repre-
sentative reform.
The motion was agreed to.
So the convention went into com-
mittee of the whole for the consider-
ation of the reports of the commit-
tees on Revenue and Finance, and
electoral and representative reform,
with Mr. Lake in the chair.
Mr. VIFQUAIN. Mr. Chairman.
I offer a proposition, which is to take
the place of section seven in this
Article on Revenue and Finance.
1
The secretary read the proposed
section, as follows:
"The legislature shall provide that
any railway corporation created, or
hereafter to be created, which has,
or will receive grants from the
Federal government, shall, after they
have begun to dispose of their lands
under their so-called "pre-emption
laws," be taxed on the land bonds
as upon other notes or credits.
Mr. MASON. Mr. Chairman. I
desire to say on behalf of the minori-
ty who have presented the report
relative to railroad corporations, that
they have not had time to fully con-
sider the proposition which was re-
ferred to them. I don't like the
frame of the section as presented
by the gentleman from Saline (Mr.
Vifquain), while concurring in it to
some extent. For the purpose of
getting this out of the road, so to
speak, (I do not say I am not friend-
ly to the proposition, because I am.
TAXATION OF KAILROADS
109
Friday]
but not in its present form.) I
move that this article be re-com-
mitted to the standing committee
until the minority committee have
time to make a report. While I think
the practical good which will result
to the state in considering this, is
quite important, I also desire to set-
tle the law upon this point.
Mr. McCANN. Mr. Chairman. I
would like to ask if, in the opinion of
the gentleman, it will be expedient
to embody the result of the deliber-
ations of the committee in the ar-
ticle.
Mr. MASON. My present opinion
would not be in that way, but I
will not stand tied to that.
Mr. McCANN. My desire Mr.
Chairman, is to have this matter
concluded. My feelings are with the
minority of the committee, I believe,
but I do not think it would do any
good to put this into the constitu-
tion. I am one who will favor mak-
ing a case and going into the courts
with it.
Mr. BOYD. Mr. Chairman. My
opinion is that the third section on
Revenue and Finance covers this
ground.
Mr. MASON. Mr. Chairman. I
desire to see framed a judicious sec-
tion that will accomplish these re-
sults and tax all these bonds of both
these companies as well as others
who hold bonds of indebtedness in
the state, and for that reason I
hope It will be re-committed to the
committee, and I for one will say
that I will report tomorrow morning
if I have to sit up all night.
The CHAIRMAN. The question
[August 12
is on recommending to the conven-
tion, when the committee rise, that
this section be referred to the se-
lect committee, of which Judge
Wakeley is chairman.
The motion was agreed to.
The CHAIRMAN. Section 9 was
referred to the committee on
Revenue and Finance.
Mr. McCANN. I think, Mr. Chair-
man, we might as well consider that
now.
I move that that part of section 9,
comprised in the first two lines and
the first four words in the third, in-
cluding the word "purpose" be
stricken out.
Mr. HASCALL. Mr. Chairman.
The rule in our cities and villages,
up to this time, has been to do this
by special assessment, and a large
proportion of the improvements
have been made under this rule, and
now you propose to make this a
matter to be done by general tax,
whether all are benefited or not. At
any rate, it is unjust, after a portion
of the city has paid for its local im-
provements, to be compelled to de-
fray the expenses of other local im-
provements that does not benefit
them in any sense. It would be felt
more severely in case of sewerage
than any other, it is a heavy expense
and benefits the part of the town
sewered, and does not benefit locali-
ties where the sewerage system does
not extend. I think it is right to
retain this clause, that they may
make such assessments for local im-
provements upon the property to be
benefitted by it. There is no reason
why anything should be said about
VIFQUAIN-MASON— McCANN
110
SPECIAL ASSESSMENTS
Friday]
this in the constitution. I do not
know why gentlemen are so very
anxious to incorporate a provision
of this kind in the constitution, it
may be, the gentleman from Otoe
(Mr. McCann) has a large amount
of property lying upon streets that
need grading, or that some other
gentlemen may be similarly situated,
and desire to have taxation in that
way in order to get those streets
graded. I will not assert that to be
the case, but, if it is not, they are
laboring under a misapprehension
in regard to the proper system of
taxation. I think, where you find
one man in any city in favor of it,
you will find 500 against it.
Mr. McCANN. Mr. Charman. The
insinuation of the gentleman from
Douglas (Mr. Hascall) as to the mo-
tives of the chairman of this com-
mittee or other members of this con-
vention is unworthy of the gentle-
man. So far as I am concerned my
county has not sent me here to pro-
tect my own interests. When any
gentleman can find me proposing a
measure which has any such object
in view I will consent to have my
motives impugned, but I treat it
with that degree of scorn which it
deserves. I believe that the taxa-
tion of adjoining property for im-
provements of streets is proper and
right, but, I am informed, since we
were last in committee of the whole
upon this subject, that even in my
town the majority prefer the other
plan suggested by my colleague (Mr.
Mason). I not only wish to consult
the wishes of my own county, but,
the wishes of the majority of the
people of the state upon this subject.
[August 12
I hope we may discuss this question
and decide it without impugning any
selfish motives to the members of
this convention.
Mr. WAKELEY. Mr. Chairman. I
do not wish to discuss this matter
elaborately, I am not prepared to
do it systematically or upon authori-
ty, but there is an idea connected
with this subject which I wish to
express. It is this, if the fact of
striking out these lines will be to
allow corporations to make a local
improvement in any part of the city
and assess the cost of the improve-
ment upon all the property of the
city without any reference to the
amount of benefit the property re-
ceives, I am opposed to it, and offer
an amendment which I think estab-
lishes a just and proper rule for pay-
ing damages for these local improve-
ments. I do not like the section as
it stands. It provides that local im-
provements may be made by special
taxation of contiguous property,
that you require, perhaps, that no
property should be taxed except that
which immediately adjoins the im-
provement, for instance, a pavement
is laid down in one of the principal
streets of a city, it might have the
effect of restricting taxation of that
property which adjoins the street,
and so, if a public park were to be
laid out in one portion of the city,
might authorize the municipality to
charge the entire expense of pur-
chasing the grounds for the park and
laying it out, upon the property which
it immediately adjoins, which was
contiguous to it. I think that rule
would be unjust because property
HASCALL— McCANN
SPECIAL ASSESSMENTS
111
WAKELEY-ROBINSON
[August 12
Friday]
that does not immediately adjoin
local improvements may be largely
benefited by it, in other words, you
should not necessarily charge the
expense of constructing a local im-
provement according to the foot
front of adjoining property. It often
happens that a street is graded or
paved and the property lying along
the street is assessed at so much per
front foot, and property in the same
block, and that is benefited to a great
extent, is not assessed at all. That
rule is unjust and I think the rule
established by the authorities is a
just and proper rule, that you may
charge property, especially benefited,
at a higher rate than you charge
property not benefited at all. I pro-
pose to amend this section by strik-
ing out the words "contiguous pro-
perty" and inserting the words "pro-
perty benefited." That is my idea
of a just rule of taxation; a munici-
pality has the power to construct im-
provements for public use which musL
be paid for by a tax.
Mr. ROBINSON. Mr. Chairman,
There is no doubt as to the justice
of the measure moved by the gentle-
man from Douglas (Mr. Wakeley).
The great difficulty I see is in the
application. I do not see how the
legislature is to apply any rule to
what extent property is to be bene-
fited by local improvements. I see
breakers ahead but I certainly am
much more in favor of it than I am
of the section as it now stands. It
has been said by the gentleman from
Douglas (Mr. Hascall) that it is
wrong to levy a general tax upon the
inhabitants or property holders of a
community for local improvements;
and I admit that, in some cases, it
would work unjustly, but it looks to
me equally unjust to build a side-
walk in front of my lot, property i
do not desire to improve, to levy a
tax upon me of one or two hundred
dollars, almost as much as the pro-
perty is worth. It is not for my
benefit that the walk is built. It is
done for the ornamentation of the
city, by the city council. I have not
petitioned for it. When I want a
walk I will build. If it was pro-
vided, whereby all the inhabitants or
property holders benefited by local
improvements, should be made . to
contribute their proportion, that,
certainly, I would think was a proper
way.
Mr. MASON. It seems to me that
the amendment comes as near per-
fection as we can get in the exercise
of the taxing power. When we levy
these special taxes for local improve-
ments we should levy them just in
proportion to the benefits accruing.
That is as near equal and exact jus-
tice as we can come in any human
law; and while I was I think,
among the first to reject the origi-
nal provision, the amendment pro-
posed meets my approbation; because,
I think it comes as near justice as
possible. I hope the amendment will
prevail.
Mr. ABBOTT. I think this is open
to the same objections — it only dif-
fers in degree — to the very objec-
tions we urged against the first three
lines of the section. No man would
think of taxing the farm of any man
for building a bridge across a stream
near his farm. They levy the tax
upon all alike. In cities it may be
112
SPECIAL ASSESSMENTS
Friday]
that certain men, living on certain
streets, receive more benefits than
others from local improvements, but
the whole county is improved by
road improvements in the country.
Mr. GRIGGS. I am in favor of the
original amendment offered by the
gentleman from Otoe, to strike out
the three first lines. I am like the
gentleman from Hall (Mr. Abbott)
I think it ought to be uniform. But
I do not see how we are to arrive at
a conclusion as to whether there is
any special benefit to any property.
We would have the same diificulties
to overcome as were alluded to by
the gentleman from Otoe, as to the
classes of benefits in the case of rail-
roads. I would consider it a bene-
fit to have a lot graded, but another
man might not. Although they
might grade up my lot, and it is im-
proved, it may still be a greater
benefit to a person living in another
part of the city. I do not think it
would be just, simply because I own-
ed that lot, to make me pay the taxes
for that improvement, which is en-
joyed more by somebody else. Do
not let us have any dog in the man-
ger business; but make every man
help pay for the improvements. I
shall vote against the amendment.
Mr. HASCALL. I am satisfied
that the gentleman who has just
spoken has not fully considered the
subject, and that he really does not
comprehend the objections I raised
to this system of taxation. If a lot
owner lets his lot remain without
improvement on a street, and that
street is paved, or the sewerage or
improvements, local in their nature,
are made, that lot must bear its just
[August 12
proportion of the tax, as does the
other property. But, what I object to_
is, that you will grade a business
street in the city, make an expensive
sewer, put down a Nicholson pave-
ment or nice sidewalks, and do all
this at the expense of the whole city.
The taxes should be levied only up-
on the property of that street where
the improvements are made, or ac-
cording to the benefits accruing. If
contiguous property is benefited,
there is no serious objection to mak-
ing that property pay according to
the benefits enjoyed.
Mr. ABBOTT. You say if you im-
prove a certain business street, you
would only tax the men upon that
street. Why?
Mr. HASCALL. Because, when you
grade a street, you add ten or twenty
per cent, to the value of the proper-
ty. When you put an expensive sew-
er under that street, you add to the
value. People do not travel in sew-
ers, they travel the streets and pave-
ments. It is more expensive to build
a sewer than any improvement, and
that is peculiarly to the benefit of
the property adjoining — those who
drain their premises into the sewer.
When you grade a street you add a
certain per cent, to the whole pro-
perty abutting on the street; when
you make sidewalks, construct a
sewer, you add the same, and they
are forced improvements, local in
their nature; that the remainder of
the inhabitants of the city have no'
interest iu. There may be a locality
where a park is built and it may be
of benefit to the people in the locali-
ty, but not to another part of the
city. Therefore, it is unjust, and
GRIGGS— HASCALL
SPECIAL ASSESSMENTS
113
>Friday] HASC ALL -THOMAS [Aufjust 12
wrong in principle, to put a provis-
ion in the constitution that ties you
right down to this unjust and arbitra-
ry rule, that you can make taxation
In no other manner whatever. I can
imagine how this may work, and par-
ticular individuals be benefited by
It. And while I take occasion to dis-
claim that I do not charge anything I
had said to the gentleman from Otoe,
yet the coat fit him so well he had
to growl about it. I am satisfied,
now, since I heard his growl, that he
does own property in some part of the
■city, and he has to have sewers under
that property; and, consequently, not-
withstanding that all men may be
wealthy and have valuable business
lots, still they growl when they have
to pay their taxes for these improve-
ments; and they are very willing to
let poor people, who live in additions
to a town, and who are not benefit-
ed, come in and help relieve them of
this taxation. And if they are able
to own business lots that pav a reve-
nue either by way of ground rent or
buildings, they should be willing to
pay taxes for the improvements
which make the street a first-class
one. If they grumble to do this, let
them sell out and buy other lots. The
principle would be unjust and arbi-
trary, but the plan suggested by my
colleague is not as objectionable. I
am aware by appropriate legislation,
that could be made feasible,
it is a very easy matter to pass a
law to ascertain the benefits. There
fore, I would have no objection to
that kind of an amendment. Gentle-
men have spoken about the state of
Illinois. That state got sick of the
^old mode they had and they tried
to get something better.
Mr. THOMAS. Mr. Chairman. I
am in favor of the proposition which
has been offered by the gentleman
from Douglas (Mr. Wakeley). It
would be wrong to pay for all local
improvements by general taxation,
and I believe this proposition is not
peculiar to the Illinois constitution.
I believe it is as old as cities. In
New York, local improvements are
paid for by local assessment, and lo-
cal taxation. Ever since we have been
a state or territory for that mat-
ter, local improvements in cities or
towns have been made by local tax-
ation. It seems to me it would be
impossible to carry on a government
justly unless we admit this proposi-
tion that local improvements must
be paid for by local taxation. A
street may be opened in a certain
part of a city it may be of no
benefit to the whole city, yet it may
be opened in such a way that the
persons living upon that street may
be benefited. Now, is it not right
that this assessment should be im-
posed upon that portion of the city
which is benefited? Under our pres-
ent laws in cities of the second class,
ever since this tax was adopted, and
even before, these improvements
were made by local assessment. I
have understood it is the same in
cities of the first class.
Mr. HASCALL. It is the same in
cities of the first class.
Mr. THOMAS. So I have been
told. These improvements are made
in this way; the owners of the pro-
perty, or a portion of them petition
the city council to make a certain
lU
SPECIAL ASSESSMENTS
Friday
TOWLE-GRAY
improvement. The city council or-
ders the improvement made and then
assess the people living right there
-^hen the improvement is made, to
pay for it. I cannot see any differ-
ence between the amendment pro-
posed today by the gentleman from
Douglas (Mr, Wakeley) and the re-
port of the committee. Either will
satisfy me.
The CHAIRMAN. The question
is upon the amendment offered by
the gentleman from Douglas (Mr.
Wakeley) which is to strike out the
words "contiguous property," and
insert the words "property benefi-
ted."
The amendment was agreed to.
Mr. WAKELEY. Mr. Chairman. I
move to strike out the word "by,"
in the second line, between the words
"or" and "special."
The CHAIRMAN. The question is
upon the amendment proposed by the
gentleman from Douglas (Mr. Wake-
ley.)
The amendment was agreed to.
The CHAIRMAN. The question is
upon the adoption of the section as
amended, which reads:
Sec. 9. The legislature may vest
the corporate authorities of cities,
towns, and villages with power to
make hxal improvements by special
assessment, or special taxation of
property benefited or otherwise for
other corporate purposes. All mu-
nicipal corporations may be vested
with authority to assess and collect
taxes; but such taxes shall be uni-
form in respect to persons and pro-
perty within the jurisdiction of the
body imposing the same.
The section was adopted.
The Chairman read section 12, as
[August 12
follows:
Sec. 12. No county, city, town-
ship, school district, or other munici-
pal corporation shall be allowed to
become indebted in any manner, or
for any purpose, to an amount, in-
cluding existing indebtedness, in ihe
aggregate exceeding five per centum
on the value of the taxable property,
therein, to be ascertained by the last
assessment for state and county tax-
es previous to the incurring- of such
indebtedness, as aforesaid, shall, be-
township, school district, or other
municipal corporation, incurring any
indebtedness, as aforesaid, shall be-
fore or at the time of doing so, pro-
vide for the collection of a direct
annual tax, sufficient to pay the in-
terest on such debt as it falls due,
'ciud, also, to pay and d^'scharge the
principal thereof within twenty years
from the time of contracting the
same. This section shall not be con-
strued to prevent any county, city»
township, school district, or other
municipal corporation f-i'om issuing^
bonds in compliance with any vote of
the people which may have been had
prior to the adoption of this consti-
tution, in pursuance of any law pro-
viding therefor.
. Mr. TOWLE. Mr. Chairman. I
move to amend by striking out the
words "five per centum," in the
third line, and inserting the words
"ten per centum."
Mr. GRAY. Mr. Chairman. I
seems to me that the two sections
that have been passed, to-wit. one
opposed to bonds and the other al-
lowing them, did away with this.
The independent section on the sub-
ject of bonded indebtedness which it
is proj)osed to submit is to take the
place of another section. This -mat-
ter has no reference to this section.
If the section submitted as an indi-
pendent one is voted for, it would
MUNICIPAL DEBT
115
Friday]
KIRKP A TRICK— Mc C A N N
Aug'ust 12
take the place of this section. This
matter of county bonds is one of
those terrible abuses that we have
rushed into here in this state that
needs checking. Now, I suppose that
if this section means anything, it
will mean precisely the same as the
section which applies to railroad
bonds, and therefore it means notn-
ing. We might have struck out sec-
tion twelve. We do not need to pro-
vide for everything in the constitu,-
tion. When you give the legislature
authority to do a certain thing
they have the power to make all the
general regulations with reference
to it, to grant general authority, but
not to go into the minutia of the
matter, we certainly do not want
that.
Mr. KIRKPATRICK. Mr. Chair-
man. This is the report first made
by the committee after having exam-
ined this matter; the committee re-
ported simply this, sir:
"After the adoption of this con-
stitution no county, city, town, mu-
nicipality or political corporation
shall ever be allowed to become in-
debted in any manner, or for any
purpose, to an amount in the aggre-
gate exceeding at any one time five
per centum on the value of the tax-
able property within said county,
city, town, municipality or political
corporation, to be ascertained by the
last assessment of taxable list of pro-
perty made under the laws of the
state next preceding the incurring
of soch indebtedness. ' '
That was just for the purpose of
building bridges and such necessary
improvements, and was noc intended
to refer to thiG matter, and ihc ques-
tion of discussing bonds X simply
,call attention of the comnictec to
this provision of this first reporr,.
Mr. MASON. Mr. Chairman. I
can see some good reason why this
section should be retained. It fre-
quently occurs in the comity that a
school district wishes to go into debt
for the building of a school house,,
or, take the instance which has just
occurred in my own county, all the
bridges have been swept away. We
ought to have the privilege to con-
tract such indebtedness as wili be
safe to the community, because this
is a section that benefits the whole
community. I do not think it ought
to be stricken out.
Mr. TOWLE. The only object of
my amendment was to make the mat-
ter of indebtedness uniform.
Mr. McCANN. Mr. Chairman. I
certainly hope the committee will re-
fuse to strike out that section, it
pertains to the interests of every
city, town and precinct of the state.
It certainly applies to debts other
than donations to railroads. If v/e
should limit it to ten per cent. I can
see where my own county would be
greatly embarrassed; even at the
present time, we would have to put
in bridges at private expense. Now
this refers to those expenses which
shall occur from time to time, which
are accumulative. I hope sir, this
may not be confounded with that
other section which refers to the aid
of railroads.
Mr. GRAY. Mr. Chairman. I
confess I cannot understand the
reasons of the gentlemen. They
say we need the law, and if we could
not have the law without a provis-
ion of this kind in the constitution I
would agree with them, but the leg-
116
AID TO CORPORATIONS
JFriday] GRAY-BOYD- GRTGW3S [August 12
islature has always had the ri^ht to
make provision for the purpose of in-
ternal improvement, and the only-
ground here is the amount of limi-
tation, but the gentlemen don't put
it upon that ground. Do you need
a limitation? I think not in these
regards; and it seems to me that the
section is certainly unnecessary.
Mr. MASON. Before you sit down,
J wish to state that I put it upon the
sole ground that we have provided
for a limitation.
Mr. GRAY. I can understand the
position now of the chief justice and
I can see more reason in it. It was
not him I referred to. I think, so far,
there has been no abuse, and I have
seen no disposition to run into abuse
in this direction.
Mr. BOYD. Mr. Chairman. I be-
lieve I understood you to rule today
that if a motion to strike out is de-
feated, it is equivalent to the adop-
tion of the section.
The CHAIRMAN. Yes, sir, if
there are no amendments pending.
Mr. BALLARD. Mr. Chairman. I
hope this motion to strike out will
prevail, for the reason to my mind, it
means railroad bonds, viewing it in
that light I hope it will be stricken
out.
The CHAIRMAN. The question is
on striking out the section.
The committee divided and the
motion was not agreed to.
Mr. BOYD. Mr. Chairman. I ot-
fer an amendment, to insert after the
word "indebtedness" in the fifth line
the following: "Unless a proposi-
tion be first submitted to Ciie elec-
tors and a majority, of the votes cast
on such proposition be in favor there-
of."
Mr. VIFQUAIN. Mr. Chairman. I
move to amend by inserting "three-
fifths," in place of "majority."
Mr. TOWLE. Mr. Chairman. I
withdraw my amendment.
The amendment to the amendment
was not agreed to.
Mr. WEAVER. Mr. Chairman. I
shall oppose the amendment. We
saw fit yesterday in a different arti-
cle to prohibit going in debt exceed-
ing ten per cent. Why not put a re-
striction in this article in the same
manner? I can see no reason for an
article in one direction limiting to a
certain extent and this article allow-
ing counties to become indebted to
any extent.
Mr. GRIGGS. Mr. Chairman. I
can see a great difference in our ac-
tion yesterday and the proposed ac-
tion today; there is a great differ-
ence in the questions at issue. While
I can see good reason why counties
should not be allowed to go into debt
for railway purposes, I do not see
the same reasons will apply in this
question as it would in that. I think
it should be left to the people to say
what amount they shall become in-
debted to. In a great many of our
counties we are already in debt for
court houses, bridges and many other
things. This includes the outstand-
ing indebtedness, if it excluded that
I think five per cent would be
enough. I would not vote for more,
but it says including present indebt-
edness. There are a great many
counties and districts indebted three,
four or five per cent and they could
AID TO CORPORATIONS
117
Friday]
not run their organization without a '
greater tax than that. I think by a
majority vote the will of the people *
should be law.
Mr. WEAVER. Mr. Chairman. I
am sure gentlemen of this committee
when they consider this proposition
in the light in which it is in this sec-
tion, have not considered the figures
touching this. Take a single county
worth three millions, which is not
much for a single county. It is pro-
posed by this proposition that with-
out a vote of the people they can go
into debt $150,000. I wish to know
if any one will endorse this. I shall
support the suggestion to strike out
"five" and insert "one." $30,000 is
sufficent, and I should regret very
much that our county could be per-
mitted to go in debt to the amount of
$150,000 without a vote of the peo-
ple.
Mr. SPRAGUE. We v/ill suppose,
for the purpose of this argument,
if a county sees fit to loan its cred-
it for the purpose of making a canal.
It is an internal improvement, and
the language of the section is "for
public improvements." And under
this provision we can go to work and
make provision for anything except
building railroads. If it is important
to limit in regard to railroads it is
just as important to limit to other
things. And I cannot see the pro-
priety of putting in this amendment.
Hence, sir, I shall vote against it.
Mr. ROBINSON. I am in earnest
when I say we have, instead of pro-
viding for limitations, practically
taken away all limitation. We are
told if we put it at fifty per cent, we
are taking away limitation. If I un-
[August 12
derstand it, this is to be levied by
the authorities of the county, city or
other officers of a municipal corpora-
tion. Five per cent, is too big power
to be put in their hands. They will
exercise that power and will be the
parties to judge. I think this ought
to be cut down to one per cent, and
if the people desire to levy a larger
amount let them vote upon it. We
ought to put enough limit upon these
authorities, and let them have just
enough money to run the expenses
of the corporation, the ordinary ex-
penses, and if extra tax is to be levi-
ed outside the ordinary running ex-
penses of the government, the people-
ought to say. If we are to give by
our constitution, a/tithority to the
county or city authorities to levy
taxes we ought to throw around
them safeguards such as will protect
the people.
Mr. MASON. I desire to make
myself understood. I am not for the
amendment proposed by the gentle-
man from Douglas (Mr. Boyd) by
any means, but I am for this amend-
ment to insert after the word "in-
debtedness" at the end of the peri^
od, the following: "And no such
indebtedness shall be contracted or
incurred unless the proposition there-
for shall have been submitted to a
vote of the people and receive a ma-
jority of the vote cast thereon, and
the legislature shall provide by gene-
ral law for the submission of the pro-
position to incur such liability."
Now, sir, I intended a restriction, and
not to give an unlimited power to
contract indebtedness. And if the
i amendment proposed by the gentle-
• man from Douglas shall prevail, then
WE A VER— SPR AG UE— M A SON
118
AID TO CORPORATIONS
Friday]
they may contract the five percent.
Tvithout let or hindrance; and after
that they ma^' coniraci a $1,000
per cent by a vote of the people. And
if it should prevail then, indeed, sir,
we have undone all that we have
done to provide restrictions for
municipal indebtedness. And to
take the sense of the committee
on that amendment, I move to lay
the amendment of the gentleman
from Douglas on the table.
The CHAIRMAN. You cannot do
that.
Mr. MASON. Then I propose to
offer, when I can. the amendment
I have just read.
Mr. BOYD. I wish to offer one
suggestion. We say in the second
line of section twelve "or for any
purpose to an amount including."
If I strike out the word "including,"
and insert "exclusive," I will be sat-
isfied with the one per cent of the
gentleman from Lancaster.
• The CHAIRMAN. The question
is upon the amendment of the gen-
tleman from Douglas.
The amendment was not agreed to.
Mr. MASON. I now move to in-
sert, after the word "indebtedness,"
in the fifth line, "and no such in-
debtedness shall be contracted or
incurred until the proposition there-
for shall have been submitted to a
vote of the people and receive a ma-
jority of the votes cast thereon, and
the legislature shall provide, by gene-
ral law, for the submission of such
propositions to incur such liability."
Mr. GRIGGS. Mr. Chairman. Un-
der this provision can a county go
into debt to any amount without a
vote of the people?
[Augrust 12
Mr. MASON. Mr. Chairman.
You will find that counties are able
to levy two dollars upon everv' hun-
dred to defray running expenses. If
they go beyond this they ought to
submit it to the people. Experience
has taught all governments that
without some safe limitations upon
taxation there is danger to society.
Now, can any gentleman say the
emergency is so great that the pro-
position should not receive a majori-
ty of the votes of the people under
some provision provided by the legis-
lature? I say when the people are to
be taxed they otight to have a vote
upon that taxation. When I oppos-
ed the striking out of this section, I
intended it as a limitation, but sup-
posed that the committee had provid-
ed for this matter, and now I un-
derstand that we are to take away
the power to levy taxes of more than
two per cent, without a vote of the
people.
Mr. ROBINSON. Mr. Chairman.
I don't know whether I have the
proper construction of this proposi-
tion or not, I think the ninth sec-
tion is not for the purpose of provid-
ing for indebtedness, but for paying
indebtedness. The twelfth section
provides that a county shall not be-
come indebted. The amendment of
the gentleman from Otoe (Mr. Ma-
son) provides that a county cannot
become indebted without a vote of
the people. I think that is right,
that neither state. county. town,
school district or any other sub-
division of the state, should in-
cur indebtedness without a vote of
the people. So far as the county busi-
M A SON— RO BI N S ON
MUNICIPAL DEBT
119
Friday]
people, or that no indebtedness at
all shall be incurred without a vote
of the people?
Mr. MASON. I meant to say that
no indebtedness at all shall be in-
■curred without it being first submit-
ted to a vote of the people.
Mr. WAKELEY. Let me put a
case. The city of Omaha may be in-
debted more than five per cent, up-
on the valuation of all its property.
Now any additional indebtedness
that is made will have to be sanc-
tioned by the people. Stippose they
Tiave got to levy a tax of one per
cent., that that tax has been made
to meet the expense of the city. The
city is already indebted the five per
-cent. Suppose the city wants to buy
a steam engine to be paid for out of
the next year's collection. Now, I
understand that the city of Omaha
could not make a contract for this
purchase because it was already in-
debted over five per cent. It is un-
necessary to say that it may be paid
out of the taxes levied when the
money gets into the treasury, be-
cause when it is already indebted to
this maximum amount it cannot
make a contract. Take a school dis-
trict. Suppose it is in debt five per
cent, upon the property and they
l)uilt a school house which costs $2,-
OOO. A levy is made, at the time, to
pay what it will cost, and the con-
[Aut^ust 12
tractor is told that he can have his
money as soon as it is collected,
"but," says he, "here is a constitu-
tional provision which says you have
no right to go into debt." I think
that is the effect of the amendment.
Mr. MASON. I admit that it pro-
hibits going into debt for a steam
engine without first submitting the
matter properly to the people.
That was just what I had in my
mind — to prohibit such going into
debt without a vote of the people.
Mr. WAKELEY. Mr. Chairman.
We cannot run the city of Omaha
one hour under that provision. If
a hose should break at a fire, we
could not send it to a saddler and
have it fixed, because the city would
have to run into debt. Now, Mr.
Chairman, I do not intend to vote for
any such provision.
Mr. ROBINSON. Does not the
ninth section cover your case?
Mr. WAKELEY. No, sir, the
ninth section applies to local im-
provements only. I don't see that it
gives the city power to collect taxes;
but, suppose a tax is to be collected
next year, but we have not a dollar
in the treasury; the city wants to
buy property, or a county wants to
rebuild a court house after it has
burned down. I tell you under this
provision, neither the city nor coun-
ty could go into debt a dollar for any
purpose. It forbids a city or coun-
ty from going into debt
Mr. MASON. I desire my posi-
tion to be understood. I don't think
this affects the city indebtedness.
Mr. WAKELEY. Why don't the
gentleman then say "except the
WAKELEY
ness is concerned this twelfth section
does not apply to taxes levied for
that purpose. That is the way I
construe it. I will ask the gentle-
man from Otoe (Mr. Mason) wheth-
er he means to say, that no indebted-
ness exceeding five per cent shall
he incurred without a vote of the
120
MUNICIPAL DEBT
Friday]
amount of the taxation levied for the
current year?"
Mr. MASON. I will do that.
What I desire is to give the city and
county the right to draw upon the
current expenses before the end
of the year. Now, sir, I don't think
this is the best provision that could
be suggested, but I do say that the
•greatest evil is this going in debt.
Mr. McCANN. Mr. Chairman. I
will have to vote against the amend-
ment of my colleague (Mr. Mason),
and I propose then to offer the fol-
lowing amendment: To strike out
the word "countys" in the first, fifth
and tenth lines, leaving counties to
be provided for in section eight.
Mr. MASON. I will withdraw my
proposed amendment so as to give
the gentleman an opportunity of per-
fecting the section.
Mr. McCANN. I will offer that
amendment.
Mr. HASCALL. It seems to me
that striking out the word "county,"
don t answer the purpose. I cannot
see that section eight is sufficient for
the counties. There is nothing here
for bridges. There is only two per
cent, provided for by that section. I
for one will oppose striking out the
word county.
Mr. ABBOTT. I think the section
had better be stricken out, and a
new section substituted to provide
for improvements of a certain kind
in the county.
Mr. KIRKPATRICK. Mr. Chair-
man. If I had an opportunity I
think I could offer a section here
that would be satisfactory to this
body, but I believe that I cannot
move it nov/, sir.
LAugust 12-
The CHAIRMAN. The chair will
permit the gentleman to read the
proposition, but cannot entertain a
motion.
Mr. KIRKPATRICK. It is this:
To strike out all before the word
"same" in tenth line and add the fol-
lowing:
"After the adoption of this con-
stitution no county, city, town, mu«
nicipality or political corporation,
shall ever be allowed to become in-
debted in any manner, or for any
purpose, to an amount in the aggre-
gate exceeding at any one time five-
per centum on the value of the tax-
able property within said county,
city, town, municipality or political
corporation, to be ascertained by the
last assesment or taxable list of
property made under the laws of the
state next preceding the incurring of
such indebtedness."
Now, sir, that provision will allow
for the contracting of a debt to the
extent of five per cent., and it also
excepts the present indebtedness.
Here is a proposition that is liberal
j and one that was carefully consider-
ed in the committee, and it seems is
quite sufficient for the purpose. I be-
lieve this provision will be satisfac-
tory.
The CHAIRMAN. The question is
on the amendment of the gentleman
from Otoe (Mr. McCann.)
The motion was agreed to.
Mr. WEAVER. Mr. Chairman. I
move to strike out the section.
The motion was agreed to.
Mr. McCANN. Mr. Chairman. I
move the adoption of the following
section:
MASON-HASCALL-KIRKPATRICK
MU^ICIFAL DEBT— EQUALIZATION 121
Friday] McCANN— ABBOTT [August
"After the adoption of this consti-
tution no county, city, town, munici-
pality or political corporation shall
ever be allowed to become indebted
in any manner, or for any purpose,
to an amount in the aggregate ex-
ceeding at any one time five per cen-
tum on the value of the taxable pro-
perty within said county, city, town,
municipality or political corporation,
to be ascertained by the last assess-
ment or taxable list of property made
under the laws of the state next pre-
ceding the incurring of such indebt-
edness. This section shall not be
construed to prevent any county,
city, township, school district, or
other municipal corporation from is-
suing their bonds in compliance
with any vote of the people which
may have been had prior to the adop-
tion of this constitution, in pursu-
ance of any law providing therefor."
Mr. TOWLB. Mr. Chairman I
move to amend the section by in-
serting "five" instead of "ten."
The motion was not agreed to.
The CHAIRMAN. The question is
0.1 the adoption of the section.
The section was not agreed to.
The Chairman read the next sec-
tion, as follows:
Sec. 13. The Governor, Auditor
of State, State Treasurer, and mem-
bers of the State Senate shall consti-
tute a board of equalization, and
shall meet at least once in
each year, for the purpose of equal-
izing the assessment of property
throughout the state.
Mr, ABBOTT. I move to strike
out the section, and leave it entirely
with the legislature. They tried a
plan like this in Illinois, and they
got tired of it. If the legislature
wish to make a larger board they
can do so. I object to anything go-
ing into the constitution which is
entirely untried, as this is.
8
The motion to strike out was
agreed to.
The chairman read the next sec-
tion, as follows:
Sec. 14. The legislature of the
state at its first session shall provide
by law for the funding of all out-
standing warrants, and other indebt-
edness of the State, at a rate of in-
terest not exceeding ten per cent
per annum; and all counties, cities,
towns, or other municipal corpora-
tions may fund thei^r outstamding
indebtedness in bonds bearing a
rate of interest not exceeding ten
per cent, per annum, in such man-
ner as the legislature may provide.
Mr. MOORE. I move that that
ten per cent, be changed to eight per
cent.
The motion was not agreed to.
The section was adopted.
The Chairman read the next sec-
tion, as follows:
Sec. 15. The legislature shall pro-
vide by law that all claims upon the
treasury shall be examined and ad-
justed by the auditor, and thereupon
be transmitted to the secretary of
state for his revision and approval
thereof, before any warrant for the
amount allowed shall be drawn.
The section was adopted.
Mr. McCANN. Mr. Chairman. I
move to insert the following as an
additional section:
Sec. Whenever there shall be
in the state treasury, to the credit of
the sinking fund, the sum of $5,000
dollars, or to the credit of other
funds, in the aggregate, the sum of
$15,000, the treasurer shall, by pub-
lic advertisement, invite proposals
for the loaning of such excess, sub-
ject to call, upon sixty days notice,
such loan or loans to be secured by
bonds of the state of Nebraska, or
bonds of the U. S'.; and all such
surplus funds shall be so loaned to
such institution or persons as shall
122
LOANING STATE FUNDS
Friday]
propose to pay the highest rate of
interest for the use of the same,
secured as herein provided."
Mr. HASCALL. I move to amend
by saying after the words "United
States," equal to the amount of such
loan."
Mr. GIBBS. I hope the conven-
tion is not going to vote to place any
kind of an article in the constitution
by which this state can loan money.
I think we have had examples of
money loaning only very lately. I
think we will do well to vote this
down.
Mr. McCANN. This article was
not considered in the committee. I
have offered it, as the chairman of
the committee, at the request of
several prominent citizens of the
state, and from the fact that the
gentleman from Douglas (Mr. Wool-
worth) is not now present. He gave
notice, if the convention will remem-
ber, that he would offer this as an
independent section, at the proper
time. I am perfectly willing, so far
as I am concerned, to leave this to
the legislature. I offer it because it
has been asserted by gentlemen in
financial circles, in different parts
of the state, that they would insist
upon it, and the gentleman from
Douglas gave notice of this section
several weeks ago.
The section was not adopted.
Mr. GRAY. I move that the com-
mittee now rise, report the article
back and recommend its adoption as
amended.
Electoral and Representative Reform
Proposition.
Mr. WAKELEY. T ask, Mr. Chair-
man, that we proceed to the consid-
[Auyrust 12
eration of the other matter referred
to this committee — the proposition
submitted by the committee on Elec-
toral and Representative Reforms.
The Chairman read the proposi-
tion, as follows:
Propositioai.
At any election when three or more
persons are to be elected to the
same office by the same constituency,
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 equ-
al rfarts thereof, as he may see fit,
among- the candidates not exceeding
the number to be elected. The can-
didates highest in votes shall be de-
clared elected; or of an equal vote
for two or more having the requisite
number shall require it, the choice
between them, shall be made by lot.
Mr. WAKELEY. So as to bring it
before the committee, I move that
this proposition be reported back
to the convention with the recom-
mendation that it be referred to the
committee on schedule, with instruc-
tions to provide for submitting it to
the people as a separate proposition
to be voted upon.
Mr. GIBBS. I move as an amend-
ment that we recommend the con-
vention to indefinitely postpone the
matter.
Mr. WAKEJ.EY. I do not wish to
take any time upon this. I merely
ask that the same disposition be
made of this proposition as has been
made of several other questions of
great public importance. That is,
that it be submitted to the people for
their determination; and I do not
suppose that there is any disposi-
tion to indefinitely postpone it. If
1 thought there was I should be dis-
McCANN - WAKELEY
MINOKITY EEPRESENTATION
123
BALLARD— LAKE
[AuKUSt 12
Friday]
posed to press it before the conven-
tion. I certainly insist that a pro-
position of that importance merits
to be respectfully treated, and should
be submitted to the people as a
separate proposition.
Mr. MASON. Mr. Chairman. I
bope this motion to indefinitely post-
pone this matter will not prevail. I
think we ought to let this proposi-
tion go to the people. That is all the
friends of the measure ask.
Mr. BALLARD. Mr. Chairman. I
am placed in rather a peculiar po-
sition and apprehend that my friend,
Judge Wakeley, is placed in rather a
peculiar position. I asked, the oth-
er day, that the capital should be lo-
cated by a vote of the people. I be-
lieve all my democratic friends voted
the proposition down.
Mr. VIFQUAIN. Mr. Chairman. I
beg to correct the gentleman. I did
not vote against it. (Laughter.)
Mr. BALLARD. I said I believed
they did. Now, gentlemen, when this
<iuestion comes up, I shall vote for
it; I will take the Bible rule, and do
good for evil.
The CHAIRMAN. The question is
upon the motion of the gentleman
Irom Burt (Mr. Gibbs,) which is to
recommend to the convention that
this proposition be indefinitely post-
poned.
The motion was not agreed to.
The CHAIRMAN. The question is
upon the motion of the gentleman
from Douglas (Mr. Wakeley) that
the committee rise, recommend to
the convention that it be referred to
the committee on schedule to pro-
vide that it be submitted to the peo-
ple as a separate proposition.
The committee divided and the
motion was agreed to.
Mr. LAKE. Mr. President. The
committee of the whole house have
had under consideration, the report
of the committee on Revenue and Fi-
nance. They have proposed certain
amendments thereto, and recommend
that the article, together with the
amendments attached, be adopted by
the convention. They have also had
under consideration a section ap-
proved in committee of the whole
house, which they recommend be re-
ferred to the special committee, con-
sisting of the judiciary and Messrs.
Wakeley, Estabrook, Sprague and
Maxwell. They have also had under
consideration the report of the mi-
nority upon Electoral and Represen-
tative Reform, and they recommend
that it be referred to the committee
on schedule to be submitted to the
people.
Leave of Absence.
Mr. EATON. Mr. President. I
ask leave of absence for my col-
league, Mr. Newsom, until Monday
at 2 o'clock.
Leave granted.
Mr. STEVENSON. Mr. President.
I move we take up the proposition
on Electoral and Representative Re-
form.
Mr. WAKELEY. Mr. President.
I move we refer this proposition to
the committee on schedule, to be
submitted as a separate article.
The secretary proceeded to call
the roll.
The President announced the re-
sult — Ayes, 32; nays, 7 — as follows:
124 FINES, LICENSES, COMMON SCHOOLS
Friday]
ESTABROOK
[August 12
YEAS.
Abbott. Manderson,
Ballard, Moore,
Boyd, Myers,
Curtis, Parchin,
Cassell, Pbilpott,
Eaton, Robinson,
Estabrook, Stevenson,
Granger, Stewart,
Hascall, Scofield,
Kirkpatrick, Shaff,
Lake, Thomas,
Lyon, Thummel,
Majors, Tisdel,
Mason, Towle,
Vifquain, Wakeley,
Weaver,
Mr. President 32.
" NAYS.
Gibbs, Kenaston,
Gray, Kilburn,
Griggs, Reynolds,
Wilson 7.
ABSENT AND NOT VOTING.
Campbell, Neligh,
Grenell, Newsom,
Hinman, Parker,
Ley, Price,
Maxwell, Speice,
McCann, Sprague,
Woolworth. 13.
School Funds and Lands.
Mr. ESTABROOK. Mr. President.
I ask leave to hand in a report of the
committee on Education, School
Funds and Lands.
The report reads as follows:
The committee on schools, school
funds and lands, to whom was refer-
red section 4 of the article on edu-
cation, reported by this committee,
together with an accompanying
amendment, respectfully report the
accompanying section, and recom-
mend that the same shall be adopted
as a section of the article~on educa-
tion. They also instruct me to re-
port a recommendation that section
4 be referred to the committee on
schedule, to be submitted as a sepa-
rate proposition.
• E. ESTABROOK.
Chairman.
Sec. All fines, penalties and
licenses arising under the general
laws of the state shall belong and be
paid over to the counties respective-
ly, where the same may be levied or
imposed, and all fines, penalties and
license moneys arising under the
rules, by-laws or ordinances of citi-
es, towns, precincts or otlier munici-
pal sub-divisions less than a county,
shall belong and be paid over to the
cities, villages, towns, precincts or
other municipal sub-divisions less
than a county respectively. The fines,
penalties, and license moneys in this
section specified, shall be appropri-
ated exclusively to the use and sup-
port of common schools in the re-
spective sub-divisions in which the
same may accrue, and the purchase
of suitable libraries and apparatus
therefor.
Adjouniment.
Mr. STEWART. Mr. President.
I move we adjourn until 8 o'clock
this evening.
The motion was agreed to.
So the convention (at 5 o'clock
and fifteen minutes) adjourned.
Evening Session.
The convention met at 8 o'clock
p. m., and was called to order by
the President.
The PRESIDENT. The question is
on the special order of taking up the
article on suffrage in convention.
The motion was agreed to.
The PRESIDENT. Will the gen-
tleman from Douglas (Mr. Boyd)
take the chair?
The PRESIDENT, pro tem. Gen-
tlemen of the convention you have
125
iFriday J
before you the article on Rights of
"Suffrage, the question is on striking
out the second section.
Mr. WILSON. Mr. President. I
hope that the rule made sometime
ago will he closely adhered to, to-
night for fifteen minute speeches.
Mr. MYERS. I call for the read-
ing of the section to be stricken out.
The secretary read the section, as
follows :
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.
Mr. ESTABROOK. Mr. President.
I believe I had the floor at the time
of the adjournment the other even-
ing, but, sir, if it is the desire of tne
convention not to hear me further^
J will say no more. !
(Go on! Go on!)
Mr. MOORE. Mr. Chairman. If
the gentleman will permit me I will
move that he have time indefinite
for the completion of his speech.
The motion was agreed to.
Mr. ESTABROOK. Mr. Chairman.
I regard this as the most important
subject that has engaged the atten-
tion of the convention. Why?
Everything that has been done thus
far, all the duties that have been
performed, all the articles, all the
provisions reported and adopted,
have been measures and matters, in
no case has there been any funda-
mental primary principle involved,
nothing in the way of fundamental
ideas which lie at the bottom of gov-
[August 12
ernments would be lost to the people
of Nebraska. But, sir, unless
views are erroneous, unless I am mis
taken in regard to the topic under
consideration it cannot be overlook-
ed without making such an omis-
sion as shall affect the very end for
which government should be made,
without rejecting that which per-
tains to the fundamental force of a
republican government. Now, sir, I
do not come with any studied speech,
I come as an individual charged to
some extent with the duties of states-
manship, to talk to men who come
here for an interchange of views
upon the question of what shall con-
stitute the fundamental law of the
state of Nebraska. I would hope we
might reason together, for I believe
reason was implanted in the brain of
man for the purpose of enlighten-
ing his pathway through life, so that
I would ask that in the considera-
tion of this subject especially men
would lay aside prejudice and take
counsel with their reason. It is
said he who cannot reason is a fool,
he who can reason and will not is
a bigot; he who can reason and dare
not is a slave. I imagine there are
none such here in this convention,
although I am willing to admit, Mr.
Chairman, that he who believes he
has the least of prejudice may have
the most of it; but, sir, not to dally
too long upon this, I will only make
an additional remark. If the entire
body of this convention shall furnish
me reasons why a female, because
she was born without any interven-
tion of her own, into this breath-
ing world, a female not a male,
WOMAN^SUFFEAGE
MYERS— ESTABROOK
126
WOMAN SUFFRAGE
Friday]
ESTABROOK
should be compelled upon this stand
to bear the burdens and responsibili-
ty of government without being per-
mitted to share equally in the pri-
vileges that stand over upon the op-
posite side against the burdens and
responsibility. I will pledge myself
to yield unqualifiedly; I will yield
and never utter any sound again in
regard to this subject so far as I
am concerned, the word male shall
be written as Gen. Hancock wrote
his name on the Declaration of Inde-
pendence, with a heavy stroke, and
that the great seal should be put to
it to give it additional solemnity.
But I come here bringing no argu-
ment. I found two or three
books in the library yesterday that
bear upon the question; Blackstone,
a book of fundamental law and two
or three other works, of Franklin,
Madison and Jefferson, and was per-
mitted to read the thoughts of those
great minds in regard to what prin-
ciples should be regarded in laying
down the foundations, in implanting
the fundamental laws of government.
It will be recollected that scarcely
an individual opens his mouth here
in a speech, that he does not advert
to these great fundamental laws.
The very first utterance this con-
vention made, in the very first para-
graph it adopted, in the very first ar-
ticle relating to the bill of rights has
been the point around which all the
great rights that closes all around
our constitution, have been made to
turn at every moment of time. Why,
sir, I recollect the other day
my friend the acting president of this
body made one of his most eloquent
[August 1
efforts in behalf of the measure of
requiring that there should be an
election of the legislature to act up-
on any proposed amendment to the
constitution, and among the very
first utterances, one that seemed to
be emphasized the most distinctly
was a recital of this provision of the
constitution. What is it? He said,
"if a body is elected without refer-
ence to a provision, to a proposed
amendment to the constitution of the
United States, and that amendment
is submitted to the legislature, if the
people have not sent their represen-
tatives in view of that amendment."
Hence it was argued that in order that
the people should vote understand-
ingly upon it, in order, in other
words, to use the very language of
the first section in the bill of rights
itself, in order that they should be
compelled to obey a law to which
they had not given their consent.
What was the law to which the presi-
dent adverted, that it was necessary
to elect a legislature in full view of
it? Again I recollect my friend from
Douglas (Judge Wakeley) to whom
we all listened with so much pleas-
ure, and in whose elequent speeches
here we are all so much instructed.
I recollect, sir, when he kept the at-
tention of this convention on one oc-
casion, a large portion of the even-
ing. He then stated what would be
the influence, to what extent it would
run counter to this fundamental
thought, if his favorite doctrine of
minority representation were not
adopted as a part of this constitu-
tion and, sir, it was curious to wit-
ness the effort made in the consider-
WOMAN SUFFRAGE
127
EST A BROOK
[August 12
Friday]
ation of this subject to see how ex-
ceedingly solicitous they all are, not
only, that the majority shall have
representation, not only that the ma-
jority shall not be governed by laws
in which they have no voice, and the
enactment of which they have no
instrumentality, but, sir, in seeking
them out in the hedges and ditches,
in the byways, rocks and corners,
wherever there may be a little hand-
ful of individuals to whom this great
fundamental principle is not extended
wherever they may be, that such in-
dividuals, by some means, by some
provision that we may establish here,
should have this great fundamental
thought instructed to them to-wit:
How small may be a majority, even
to the minority it should not be re-
quired of them that they should obey
a law to which they did not have an
opportunity of giving their consent.
Then again, sir, on this very day.
very near the close of the session of
this convention, I had heard it repeat-
edly, by the same gentleman, when
they make utterances, it is to be re-
garded as a sualification of some-
thing. I took my pen again and
put it down on a piece of paper. I
can bring up something to illustrate
the importance of the principle for
which I contend.
Said the gentleman from Otoe —
the gentleman from Otoe has had
allusions to make which were not
agreeable to the convention or indi-
viduals, I say when I hear an ut-
terance from his lips, I know it is
worth recording. And this fell from
his lips, and I took it down on pa-
per, and it is not only sound to the
very core, but illustrative of the
very principle I contend for here.
He said — "When the people are tax-
ed they ought to have a voice in the
matter of taxation." That was his
idea. I took it down at the time.
There is a reference in the article
the gentleman himself presented
here, which goes to show that he be-
lieves that wherever there is an indi-
vidual to govern or tax, that that in-
dividual should have the right to
consent to the government, or the
right to be represented in the gov-
ernment which levies the tax. Now,
in connection with this, I want to
put it to this convention in this wise.
Are we going to adjourn, and before
we do so, so put up the bars in this
constitution as that there shall be a
class omitted who shall be governed
and not have the right to give their
consent; who shall be taxed and not
be represented? Shall we thus omit
a class, and shall that class be a
numerous class? A class equal to the
class admitted to the right of
suffrage? Shall that class more-
over be one of adults? Shall it
be an intelligent class? Shall
it be a class that has every other
qualification except the qualification
of class? And shall we so put up the
bars here as that that class shall be
absolutely omitted, and be con-
strained as is the subject of the
monarch of Russia, to obey the be-
hests of the sovereign power without
any power to indicate what are her
wishes, and without any possible
power of relief? Now, is she not
amenable to this objection?
Suppose, Mr. President, that, un-
der the provisions of this constitu-
tion that we are about to adopt, after
128
WOMAN SUFFRAGE
Friday]
ESTABROOK
it is adopted — that the southwestern
railroad coming in here from Oma-
ha through the county of Cass, as
there is quite a prospect it will do,
should ask the county of Lancaster
to give them bonds of $50,000. Now,
that question will be submited to the
people. Who shall decide it? The
constitution you have adopted says
already it shall take three-fifths.
Why not a majority? That was well
argued. If you leave it at three-
fifths it will leave a margin so that a
majority of the property shall have
an opportunity of voting upon the
question. And the bonds go out.
Now, then, a year goes around, and
the bonds are not due, but the inter-
est is, and it is put in the tax roll.
The tax gatherer goes around, and
knocks at the door and demands
$2 5, perhaps. And it is paid and he
applies it to the interest. He goes
to the next door and a lady meets
him. She may be a widow or a
maiden lady, and, under our laws,
she may be a married woman and
carrying on business in her own
name; and she may be an owner,
not alone of the house but the per-
sonal property. He asks her for her
tax. She asks him how much? He
says "$25." She asks, "what for?"
For bonds. "Whp.t bonds?"
"Bonds this county voted to the
Omaha & Southwestern railroad."
"I never voted for granting any
bonds." He replies, "But you live
in Russia: You live under a mon-
arch; we tax you but you are not
permitted to have any voice in the
question whether those bonds 'shall
be issued or not." He says, simply,
"Madam, you are a woman: guilty
[August 12
Of being a female, and, hence, it is
that you shall be absolutely dis-
franchised. You shall suffer the pun-
ishment which the laws name." And
I can point you to our statutes to-
day, where a person who is guilty
of crime shall be disfranchised. Of
what crime is the widow guilty?
The crime of being a woman! Now,
then, I am told here some of the
things have been whispered to me
I stand here in the entire confidence
that nothing can be uttered opposed
to this that I cannot vanquish. Just
so soon as words can reach it. But
I am told here that gentlemen would
go in for this if women said they
wanted it. Well, sir, it is in this
matter, as in the case of the negro.
The negroes are gentlemen. They
come into Nebraska and hold their
heads up; they are good as anybody.
Why are they any more than a white
woman? Yes, sir, in a political as-
pect they are, because admitted to the
full and entire rights of complete citi-
zenship. The woman is not. But I do
care whether your wife, or sister, or
my wife, or sister or daughter shall
desire this thing. There is this about
it. If she has the simple privilege;
if the door swings to her as it does
to you and me, I believe no one has
argued that a guard and corporal
shall be sent to compel her to vote.
But what I was about to say is that
whatever may be her desire, while,
sir, I think very much of woman, I
do not believe that this constitution-
al convention is the place for love
making to them; and I do not know
them in this transaction any more
than T do the negro. I have a per-
fect abhorrence of a negro. I once
WOMAN SUFFRAGE
129
Friday]
belonged to a convention where it
was argued that the negro should be
admitted to citizenship. My reas-
on was because the work was incom-
plete while there was a class out who
might be made to bear the burdens.
Well, sir, have we governed without
consent, or taxed without being re-
presented? The work was incomplete
the foundation was not perfect, the
key to the arch was missing. The
pillar of the constitution was tot-
tering without it, and hence, in the
case of the black man as in the case
of the woman today, so she belongs
to a class who are compelled to bear
the burdens of government in this
land. I demand that the work shall
be completed. Not for the sex of the
woman and not her name; but for
Tier own sex and the name of the
government. You may go to Asia,
and go among the women there, and
they will say it is a most horrible
thing if a woman appears on the pub-
lic streets without her veil. This is
a matter of fancy.
But, sir, all these things savor of
silliness. Don't they remind you of
the twaddle you heard six years ago?
When we were talking about the
negroes going to vote. They said,
"Don't you know you will have to in-
vite them to dinner; you will have to
•sleep with them, and give them to
your daughter to marry." We have
found long ago that while we give to
the Irishman, and the Dutchman,
brought from the old country, and
the black man; while we, in order to
make the government perfect; that
a man or woman either to win her
way or his to a social position, is to
tio something else than to be merely
[August ]2
admitted to civil and political rights,
I charge it here, now, upon the con-
sideration of every member here.
You are here to do what? To lay
down fundamental laws. Do you
propose to so provide as that there
shall be a numerous intelligent adult,
worthy class to be governed by your
laws without any voice; taxed with-
out any power of representation?
Do you propose to adjourn without
giving that class those privileges?
I pui it to you, by virtue of your
oaths?
Now, sir, one thought here. I
was told today, when I was suggest-
ing with some degree of triumph —
perhaps the president will remember
— where an individual could answer
an argument in regard to railroad
bonds. "Why/' says a friend of
mine, "a child is taxed the same as
a woman." Now, sir, as this argu-
ment is so exceedingly common, let
me pay my respects to it for a mo-
ment. It is true if a boy — a puny
boy in his mother's arms though
he may be — own a farm, that farm
is taxed — taxed to pay railroad
bonds it may be. But is there a par-
allel between this case and the case
of the adult woman? But, in the
first place, why does he not vote?
There is no reason why a boy twenty
years and three hundred and sixty-
four days old is any less able to vote
than he is the next day; but he is
classed in the category of children.
It may be that a child is not permit-
ted to give his consent to be gov-
erned. Why? Why, because he is in
the category of those whose intellect
is not mature, but the time is coming
ESTABROOK
130
WOMAN SUFFKAGE
Friday]
ESTABROOK
when his intellect will become ma-
ture — when he will vote, and
have the right to exercise all
the rights of citizenship. But, in the
case of the woman, she is to occupy
forever her position — cut off from
all the rights of franchise, from the
privileges of the ballot box; while in
the case of the child it is only a
question of time as to when he will
have all these privileges — and ex-
ercise all the rights of citizenship.
But that is not all. Your child is
not allowed to vote because he be-
longs to a class whose intellect is
not mature; then I ask you why
does not woman vote? Is her intel-
lect immature? Is she a lunatic?
Is she idiotic? She is not allowed
to vote for one simple reason — She
is a woman. There may be cases
where a lunatic has lucid intervals,
that he is as much entitled to vote
as you and I, but at no time has
woman the right to exercise this
privilege. But, sir, are you going to
say that woman is amenable to any
of these objections? I say is she im-
becile, is she a lunatic, is she idiot-
ic, is her intellect immature? No,
but she is a woman; and not a m,an.
Now, sir, I want you to consider this
fact. I have been told, Mr. Presi-
dent, that it was not the intention
at the time of the creation of this
earth that woman should belong to
the governing power. I want to
know, Mr. President, how you found
that out? We find that, after the
creation the Lord himself came to
superintend affairs in the garden of
Eden. He told our first parents —
both of them — what to do, and what
I August 12
not to do. After they had trans-
gressed the law, he came again, and
held them both amenable to that
law which they had broken. He
first sought the woman and asked
her as to how the government had
been carried on during His absence
No, I think he came to the man first,
(laughter) — excuse me. I am not
very well acquainted with Bible his-
tory. (Laughter.) He first spoke to
the man, and the man said,
"the woman thou gavest me, she
gave to me, and I did eat." Now was
not that manly? If that had been
done in Nebraska, we would say it
was a very cowardly act. If he had
stood up like a man, he would have
said "please blame me; I will take
the responsibility." But he did not,
he laid the blame of the transgres-
sion upon the woman, and they both
laid it upon the devil. (Laughter.)
But, sir, she had no right to vote in
those days, nor for a good many days
afterwards, notwithstanding, we find
women mingling in the early scenes
of Bible history as well as men. We
have the queen of Sheba, as well
as Solomon himself. It was sup-
posed they taught it, and so
teach it today — that by reason of the
disobedience of man in the garden
of Eden, it was thought necessary
that a great sacrifice should be made
— a sacrifice so great that the Son
of God was sent to the earth in or-
der that His death might atone for
the sin of man. Was that important
mission entrusted to any extent to
man? No, sir. Then to whom? To
woman. No man's influence brought
about this result. Women, too, are
able to conduct war — "Talk about
WOMAN SUFFEAGE
131
Friday]
their going to war" — Did I hear
somebody say? Whoever was more
successful in managing an army than
the Maid of Orleans — Joan of Arc?
When the army was thoroughly dis-
organized, her presence could bring
order out of chaos, and when she led
the army she led it to victory. I
have no doubt, sir, that my friend
here, Genl. Strickland, before he
fought his battles, studied the char-
acter of the Maid of Orleans, and was
guided by her experience. (Laugh-
ter.) And, sir, this country would
not have been discovered — this spot
would have been today, a howling
wilderness, had it not been for a
woman — Queen Isabella, of Spain.
Sir, in every country upon the civiliz-
ed globe, you will find that woman
has been permitted to stand at the
head of government, occupying posi-
tions of honor and trust, not only
that, but discharging other du-
ties in ^a manner satisfactoiry
in every instance, and where
is the instance to the contrary?
It has been said here, in a
very fervent speech made by one
whose eloquent words are always
listened to with attention — and I
do not hesitate to say that I allude
to our worthy Chief Justice — I say,
he has drawn a very beautiful pic-
ture of a mother, with her children
gathered about her knee, teaching
them lessons of true manhood and
womanhood. These illustrations are
worthy our regard and consideration,
coming, as they do, from a source so
high. Now then I have one ques-
tion to ask just here: From whence
is the mother to get her power to
educate, and bring out the elements
[August 12
Of manhood and womanhood which
her children possess — for I under-
stand it to be her province, and her
mission to educate and train the off-
spring she brings into the world:
I say, where does she, herself, learn
the lessons she is expected to teach
her children? If you sought a
school master for your boy, don't you
inquire whether the teacher has been
to- school. Now where, sir, does the
mother learn the lessons of truth that
she is expected to impart, where does
she learn the lessons of theology;
possibly at the church, orstudyingthe
Bible herself, or it may be on her
mother's knee. But I ask if she is
to teach the lessons of manhood that
shall be a guard to her sons in af-
ter life, where will she learn them?
Why, sir, talk about the mother go-
ing to the polls and mingling with
the crowd there. If I had my way,
I would say to my wife and daugh-
ter, go to the place where those who
exercise the right of citizenship are
together, and mingle there with
them, and learn the lessons and after
learning them impart them to your
boy. If that mother is to be the
great teacher of her boy, send her
out into the world where all the
great lessons of life are to be learned.
Now, sir, I would like to spend just
one minute in calling your attention
to the manner in which the voting
is conducted. In our large cities to-
day, and in the country too, there are
men who live to old age and never go
to the polls, while the foreigner sev-
en months from the time he leaves
his own country, he stands before
you a power in the land. He has the
power to exercise the right and im-
ESTABROOK
132
WOMAN SUFFRAGE
iFriday]
ESTABROOK— MANDERSON
munities of citizenship at the ballot
box. Now, sir, I ask whether these
Taw English, Danish, Irish, China-
men, or what not should come here
and exercise the privileges of our
government, which you deny to the
intelligent women of your land?
Why. sir, look at it, today Michael
O'Shaunessey come from the bogs
of old Ireland with spade and pick
upon his back, he comes to the town
'Of Lincoln, and settles and exercises
the rights of citizenship. In a few
weeks the great mother of the United
Kingdom abrogates her throne and
comes to live among you, and when
Michael O'Shaunessey comes to
cast his first ballot she comes to the
ballot box to exercise the same lit-
tle privilege; but Michael O'Shaun-
essey says, "I challange yer vote,
Tou spalpeen. I was subject to you
In the old country, but things have
changed, I am a free man and you are
a woman." But, sir, I have talked
about this as to the rights of the mar-
ried woman because her duties were
that of maternity. Now, I put it to
you; what will you say as to the
single women, and now, sir, it is not
my views alone I would have you to
consider, I know that there are good
brains contained in good heads on
this floor, many good lawyers who
are acquainted with Blackstone and
when I can quote from him, ana
■such minds as Christian, I feel
strong in defying any man to stand
here and say why any single woman
shall not have the rights of citizen-
ship. I expect in the feeble effort
I am permitted to put forth here not
in the interests of women, T disclaim
all that — I expect that my democratic
[August 12
friends, will join me. When I, sir,
was a member of the democratic par-
ty it was their boast that they stood
in the line of those farthest ad-
vanced in pushing the . progressive
thoughts that advanced the interests
of the world. I felt proud of them,
and I feel proud of them now. They
took a name and it was so important
a name that the great lexicographer
put it in his book and told the true
meaning of it. Mr. Clerk, will you
just read that, sir, I cannot see it.
The section reads as follows:
"Democrat — One who adheres to a
government by the people, or favors
the extension of the right of suffrage
to all classes of men."
Mr. ESTABROOK. Yes, sir,
"one who favors the extension of the
rights of suffrage to all classes of
men." Now, are you going to dodge
it and say that "men" don't mean
"men and women?" Don't you know
that they were called man by the
Creator the very first time they are
mentioned in the Bible, that it is a
generic term, and if that be true,
and a democrat is one who believes
in and favors the extension of the
rights of suffrage to all classes of
men, I put it to you
Mr. MANDERSON. Will the gen-
tleman allow me right here to read
Webster's definition of man?
Mr. ESTABROOK. I wish you
would.
Mr. MANDERSON. (reads.) "Man
— Mankind, man, a woman, a human
being, man, woman a person, ma-
kind; the human race; the whole
species of human beings, beings dis-
tinguished from all other animals by
WOMAN SUFFRAGE
133'
Friday]
the powers of reason and speech, as
well as by their shape and dignified
aspect.*'
Mr. ESTABROOK. Now, my
democratic friends, I have thus far
in all the measures put forth here,
known neither democrat or republi-
can, if you are a democrat, I hope
you will come right square up to the
true principles of a democrat, and
help me to secure the rights of all
citizens alike. But, sir, I find the
democrats are not willing to rest
simply in the term that designates
them. I find they have done more.
I find, sir, in reading the political
history of the country for the last
few months that they have been seek-
ing for a point of departure; and I
find sir, that Vallindigham before he
met with his accidental death was
prominent in concocting some means,
some scheme which should form the
subject of a new departure. Well,
sir, it is well known that he was in
favor of adopting the principles of
the fourteenth and fifteenth amend-
ments to their utmost extent, for he
fought three mortal days to secure it
and failed, for the purpose of en-
grafting upon the democracy, while
he lived, the principle directly and
distinctly of extending the right of
suffrage to the female. He said it
was in obedience to the provisions
of the fourteenth and fifteenth
amendments. Why not admit them
as other citizens, because it is one of
the principles of citizenship to vote?
He took this view of it and insisted
they should engraft it upon the plat-
form of the democratic party for the
new departure, but he was taken
[August 12
away. The matter goes into con-
gress, and history shows that such
distinguished democrats as Judge-
Woodward of Pennsylvania, while he
was really opposed, upon principle, to
female suffrage, yet he insists it was
granted by the provisions of the
fourteenth and fifteenth amendments,
and hence they ought to have it, he is
desirous it should be engrafted
upon the new banners of the demo-
cratic party. This matter went be-
fore the committee of the lower house
of congress. It was referred to the
Judiciary Committee through its
chairman, Mr. Bingham. It is well
known that when the proposition was
first made, the idea was scouted that
woman was a citizen, knowing that
if she was, she was entitled to all
usually asked in this behalf. He came
to examine it and the first
words he uttered were, "she is a
citizen," that the law in so many
words makes her a citizen. After
that majoirity report was put be-
fore congress, those who had been
opposed to female suffrage said, if
that is all you can say your case
is a very weak one. After the mi-
nority report came in, they said all
the ground was taken from them.
This is the point I make; Michael
Kerr — I think there are those in this
house who know him — from Indiana,
a man of mark and a man of high
standard in the community where he
lives, he was a member of the Ju-
diciary committee and belonged to
the majority, or at least did not
unite with the minority in the sub-
ject of woman suffrage. He comes
out in a letter to whom? To an in-
ESTABROOK
134
WOMAN SUFFRAGE
Friday]
ESTABROOK
dividual whose friendship I once had
the honor of enjoying, known all
over the United States to be a man
of great talent and influence in his
party, his name is Jeremiah S. Black,
who stands at the very head of his
party in the state of Pennsylvania.
What does this man Kerr say in
his letter. "Equality to all citizens
in political rights and privileges, in-
cluding suffrage." That is what he
says in his letter of very recent date
addressed to Black, and Black agrees
with his correspondent upon that
point. The democratic party are go-
ing to be true to their instincts, to
their designations in Webster's dic-
tionary, be true to the extension of
the right of suffrage to all classes,
and let the republican party look
well to its honors, to its organization
and platform. Do you suppose you
can fight forever over a last year's
wood-pecker's nest? Do you suppose
you can make men eat cobwebs all
the days of their lives? Now, sir,
there are a great many other points
but I will not trespass longer, except
to repeat a word in regard to section
two. Is it not singular? Now, in
1848 when the question was whether
those free negroes that struggled
away from bondage in the south,
came up here and found a home
among the free men of these western
states, should have guaranteed to
them the usual rights of citizenship,
after a full deliberation upon the
subject a convention, that met to
frame the constitution of Wisconsin
knowing that the ingredient was not
a very palatable one, was involved
in this same provision essentially,
change but a few words, having the
[August 12
same, ideas, and was introduced for
that purpose, they had about three
elections and did really admit the ne-
gro to the right of suffrage, though
not practically to its full extent, un-
til finally they were set free and ad-
mitted to complete rights of citizen-
ship under and by virtue of the
thirteenth, fourteenth and fifteenth
amendments. If they could stand
that in 18 48, twenty-three years ago,
cannot this body take this mild de-
coction, but will spurn and kick it
out of their paths because it is ex-
pected to have a little mild ingredi-
ent called female suffrage. The ne-
gro sits on a high bench, goes to con-
gress, is called upon by candidates'
for congress. You do not call to
have any political conversation with
women do you? If they would stom-
ach that thing knowing it contained
the ingredients of negro suffrage in
1848, shall you make up mouths at it
in 18 71, for no other reason than be-
cause it contains a little mild dose of
female suffrage? May be you will,
you have done it and strutted over it
as though you thought you had done
a big thing, but justice shall be done
this class whom you do tax and do
not represent; pronouncing behests
of the government of the United
States according to the fourteenth
and fifteenth amendments. Just a
word in conclusion, reflect, you are
past the middle of the nineteenth
century, I see my old gray headed
friend there, it is not long we are
going to be here to bother about
these things, but we can remember
when there were no railroads, when
we had nothing to plow the earth
WOMAN SUFFRAGE
135
Friday]
ESTABROOK— STEICKLAND
[August
except what they called the old
wood plow, we can remember when
there was no canal, scarcely any in-
ternal improvements. Men much
younger than we can recollect, when
there were no daguerreotypes, no
sewing machines, when there were no
telegraph lines, young men hardly
middle aged can remember these
things. Does not it remind you that
you are in the midst of circumstan-
ces surrounded by scenes and circum-
stances of a character more extraor-
dinary than ever visited the world
before? Does not it remind you of
the fact that everything is progress-
sive? Does not it remind you of the
fact that in the matter of religion,
you, .sir, remember when it was
taught in the pulpit that hell was
paved with infant's skulls? I believe
we have arrived at the time when an
eminent divine like Henry Ward
Beecher says simply that it is a figure
of speech, taking ground as reason-
able men dare to reason, dare to
throw off the rhinocerous skin of big-
otry. While you are in the midst of
these things, while everything is
marching on with the celerity of a
comet, shall we say you have assem-
bled here |in Nebraska, midway be-
tween two oceans, shall we arise
without making up an instrument
here not in anything agreeing to the
spirit of the hour, to the progress of
the times? Shall we leave the foot
prints of progress anywhere upon the
instrument you are about to present
to your constituents? Every man in
this convention has said he moves
to amend because he says it is so-
and-so in Illinois, (laughter) and that
is a sufficient reason. Because it
has been so it should be. (Laugh-
ter.)
Now, are we content to do this?
Shall we depart from here and leave
none of the marks of progress of the
age and the hour in which we live?
Won't you, at least, so perfect it that
you can congratulate yourself, in the
first place, that you will educate the
little urchin, so that that glorious
mother can take him and put him
where the powers of his manhood
shall undergo a process for develop-
ment? 'And, then, will you so per-
fect your work as that there shall be
any class of persons, taxpaying indi-
viduals, intelligent citizens, who shall
not be deprived of the right to vote?
Mr. STRICKLAND. Mr. President.
I would say nothing upon this sub-
ject, as I am not particularly inte-
rested in either side of the question,
were it not for the fact that, in the
early days of this convention. I in-
troduced a resolution, which has
since been published all over the
country and from the manner in
which it was published has misrep-
resented me. It has appeared twice
in a paper published by the women
in the east. I introduced a proposi-
tion which I thought reached this
matter. The General (Estabrook)
is earnest in all he contends for. He
is earnest and sincere about it, and
I know full well that what he speaks
he speaks as solemnly as though
they were his last words. I know
there are many intelligent men who
are constituents of his and mine, who
earnestly want the adoption of this
proposition. And while all this is
true, I have my own views and ideas
in regard to it. I introduced this
proposition, which reads:
136
WOMAN SUFFRAGE
Friday
STRICKLAND
"Resolved, That the committee on
"right of suffrage" be and they are
hereby instructed to report an article
to the constitution for the considera-
tion of the convention, conferring
upon females the right to vote
at all general and special elec-
tions in this 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 submitted to a vote of
the people of the state, at which elec-
tion both males and females shall
be entitled to vote under the same
rules and regulations as are now pre-
scribed by law for male electors, the
male voters to vote for or against
said article at the same time and
place that the vote is taken on the
adoption or rejection of the constitu-
tion; there shall also, at the same
time and place, be provided separate
ballot boxes for the reception 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 remain
a part of the constitution; but if a
majority of either be against said ar-
ticle, then the same to be deemed i-e-
jected, and in that case to form no
part of said instrument."
Now, I take this ground, Mr.
President, upon the start, that where
any considerable portion of the con-
stituency demand to be heard at the
polls they have a right to speak.
Therefore I was willing to submit
this proposition, although from the
very beginning, and up to now, (and,
I hope, that will be my judgment
through life) I am radically opposed
to the system, for many reasons
which I will not stop to give in de-
tail. My object in introducing this
resolution was to put my views on
record in regard to the peculiarities
of the question, the manner of its
[August 12
submission, and what I thought was-
a middle ground to settle the ques-
tion. In the first place, any consid-
erable portion of the constituency
have a right to be heard. My friend^
Gen. Estabrook, and those who be-
lieve with him in the right of female
suffrage have the right to be heard.
Ho\v? Not only from the husting-s,.
the pulpit, the lecture stand, but
they have a right to speak, and a
right to speak as lecturers, and so
I say even the temperance men and
those who favored abolition, any con-
siderable portion of the people on the
face of the earth, who have a distinc-
tive idea, that enters into the ele-
ment, to constitute and make up poli-
tics, have a right to be heard by
vote.
Therefore, I was in favor of sub-
mitting this as a separate proposi-
tion. But, I ask my friend the
General, while, it would be law if
this proposition was approved by the
people, who are today the foundation
of our civil law in the state of Ne-
braska, I ask him if he wants the
electors to force that proposition up-
on a class of people who deny that
they want the benefits it is alleged
it would confer upon them. He says
he takes into consideration the great
principle which underlies all true
governments, and that he is willing
to concede it to them because it be-
longs to them as a class. I deny that
it does belong to them, and, I say, I
am opposed to the system because
it is impracticable. My proposition
was to submit it to the male electors
and then to the female, to see if they
would ask to have this privilege
granted, this franchise conferred.
WOMAN SUFFRAGE
137
STRICKLAND
[August 12
Friday]
Now, who are they that are asking
for this privilege? Why, a very few.
He compares the enfranchising of
woman to the enfranchising of ne-
groes. The negroes were enfran-
chised at the early time they were
because there was a necessity. The
people among whom they lived were
opposed to them in ten thousand ideas
of social and governmental relations.
It was regarded by this nation as a
necessity to confer upon negroes the
right of suffrage; that it was a neces-
sity to save the nation, to keep the
lines of government in the direction
it started to suppress the rebellion. It
is useless to discuss the fact that
you cannot compare the women to a
negro or a man. The comparison will
not stand test for a moment; for it
is well known that man, all over the
world stands out in bold relief, a
single stalking, walking biped, de-
pendent upon himself. Is that so
with your wife. General? No, sir, you
wife and my wife look to me for
bread. (Laughter.)
Mr. MANDERSON. I call for the
ayes and noes on behalf of Gen.
Bstabrook. (Laughter.)
Mr. STRICKLAND. The wife,
mother and sister, rely on you for-
support.
Mr. ESTABROOK. Suppose the
wife is a widow?
Mr. STRICKLAND. I will answer
that she will look out for another
man, and if she is pretty she will get
him soon. Now, General, I want to
have you answer me this question:
what is it that woman wants upon
the face of God's earth that she has
not got? She has the dearest esteem
^ and respect and love of man, and the
9
protection and gallantry of man, too
at all times and upon all occasions,
and the strong arm of the law that
singles her out in a thousand in-
stances, and gives her higher privi-
leges than man can attain. Let her
step forth and speak. The General
may say that, upon the principles that
underlie the foundations of the gov-
ernment she ought to vote. Why,
voting is drudgery, not a privilege.
Is woman asked to plow, hoe corn,
and dig out stumps; and wade
through mud ten miles to vote? No,
that is done by her husband, and
what interest can she have that the
husband has not? My wife was born
in the south, and I in the north, and
if she were allowed to vote, the very
first poll she got to she would vote
the democratic ticket. (Laughter.)
Is not a man intelligently represent-
ing the interests of his little family,
of his country, the interests which
his intelligent mind suggests to
him? Why, the wife would naturally,
almost alv/ays, be of the same mind,
of the same opinion, and that would
have no effect upon the government,
a man and his wife each voting the
democratic ticket or the republican
ticket. It is useless to deny the fact
that women are ruled by the men who
have stronger passions than all the
females on earth. Would it not de-
stroy the beauty and glory that today
surrounds what wo so much regard
in lovely woman? W^ould it be wise
to invite her to the polls, to mix in
the dirty, filthy pool of politics?
Would it not so degrade a good virtu-
ous, upright woman so that we would
lose our resnoct for her? We love
our wives, mothers, daughters and
138 WOMAN SUFFRAGE
Friday] STRICKLAND
sisters, but are they fitted for the
rough duties of life? No, God Al-
mighty made them for higher, nobler
purpose, and made them of finer
fiber, while man was made to perform
the rough duties of life, and he ought
to do it. What man, other than a
savage, asks his wife tg do the drudg-
ery of life? No, sir, it was intended
that man should do the drudgery, and
let the woman take the smooth paths
in life, and to be respected and lov-
ed. The gentleman from Douglas
(Mr. Estabrook) tells us that upon
one hand you pile the burdens of
life upon woman, and that you ought
to give her the privileges, also. Now,
what are the duties of woman? Do
they attend to the rough details of
life? Do they fight? The gentle-
man from Douglas (Mr, Estabrook)
alludes to the Maid of Orleans, and
to the women of olden times. They
were noble women, of course, and
they will stand out as bright exam-
ples, as long as the, language we
read today will stand. But now, let
us look at the practical workings of
this proposition. Judge Lake, my
honored colleague, sits upon the
bench; he is engaged in trying a very
important suit; a jury is called and
this suit is given to them after a
trial of three or four days. I have
seen the time when a jury was shut
up for several days, in an important
case when they were unable to agree
upon a verdict. You take a woman
away from her family and compell
her to serve upon this jury. Now,
what lady on earth would want to
perform this duty? Why, I think if
my wife was shut up with this jury,
I would go and pry the windows op-
[ August 12
en, and take her out. (Laughter.)
Now, why impose this duty upon
woman? They have had no chance
to become acquainted with the du-
ties required of them in this connec-
tion, and why ask it of them? Sir,
I will venture the opinion that away
out in Wyoming, where female suf-
frage is allowed, that the women are
not so charmed with the new duties
which are imposed upon them, and
that in two years not a woman w511
vote. In talking with Mr. Nuckolls — -
a gentleman well known to you — and
who is now a resident of Wyoming —
told me that few women voted there
now. The good, respectable women
will stay at home and the bad wo-
men will go to the polls and mix
with the rabble and bad men who
there congregate, and make matters
worse than they are now. I think,
the reason my friend Estabrook has
fallen in love with the democratic
party is because, it was a democrat-
ic legislature which gave the right to
vote to these women of Wyoming,
there being not a single republican
vote cast in favor of it. I don't
bring up the state of affairs, to which
I have alluded, as an argument
against allowing women to vote, be-
cause a man who comes right from
the penitentiary, is allowed to vote.
He may be a counterfeiter, he may be
the blackest kind of a thief, but he
can vote. So, as I said, I will make no
argument of the fact that bad women
will exercise the right of suffrage. I
am willing to concede to woman all
that belongs to her, but would she,
in the council of the nation, be a safe
councillor? I think not. Woman
being unacquainted entirely with the
WOMAN SUFFKAGE
139
Friday]
terrible consequences of war, might
vote in favor of war, should the
question come up at any time; and
then again, being of a timid nature,
she might pass over a great insult
given to the honor of the nation,
through her desire to avoid blood-
shed. She would allow her feelings
to influence her to that extent that
she would shrink from declaring war.
1 believe that the sphere which wo-
man occupies today, is her proper
sphere. She is loved and respected
by all men of chivalry. She has
the respect of every man upon earth,
who is decent. Let her remain in
her position.
Mr. MANDERSON. Mr. Chairman.
I remember, sir, that when there was
a prospect, a week or two ago, that
the consideration of this subject
would be suddenly launched upon
this convention, I announced myself
as one of the champions and said, that
when the time should come and the
lists were open, I would attempt U.
place lance in rest, and do what se -
vice I could. The consideration ot
the question in convention, the t
among the members, outside and ' h;:
action of the committee on suffrag3,.
were all of such a character, that I
had concluded it would be folly for
any man to raise his voice in this con-
vention in favor of this proposition,
and expect to bring forth fruit. lie
would be a bold man, sir, and to some
extent, a foolish one, who, placed up-
on a boat in the Missouri river with
nothing in his hand but a small pad-
dle should attempt to reach the
other shore by stemming the tide.
It. would be but the act of wisdom
[August 12
to let his bark float with the
stream, and using his strong arm
reach the opposite shore by going
with the tide. I think I would be
foolish to attempt to stem the tide
against woman suffrage.
Ten years ago had a member of a
body, similar to this, rose in his place
and advocated extending the right of
suffrage to woman, he would have
been laughed from the convention
chamber — he would have been con-
sidered a lunatic. But, in these last
ten years, we have so far progressed
that here in this convention tonight,
as I believe, sit, from fifteen to twen-
ty gentlemen advocating with voice
and, who will advocate with ballot,
this great reform. And as we pro-
gress, if a few years hence a con-
vention should be called, I believe
that this minority will have swelled
so that this reform is an accomplish-
ed fact.
Why, Mr. President, the agitation
is not only here today, it extends
M'oughout the length and breadth
o; this land, and, I may say, through-
out the length and breadth of the
whole civilized world, England in
her might has taken hold of this
question and many of her ablest men,
and it has advanced so that in many
parts of England the woman, if she
owns property, votes upon the ques-
tions of municipal corporations. And
we are told that in other nations this
question is being agitated with
good results. Let me read:
Reads, "In Hungary and some
provinces of France, etc."
That will satisfy my brother
Strickland, but I will refer to that,
again.
STRICKLAND-MANDERSON
uo
WOMAN SUFFRAGE
Friday]
MANDERSON
Mr. STRICKLAND. I should like to
marry in that land.
Mr. MANDERSON. They might
not want to marry in his. (Reads
again.)
This was published in 1857 and
was the address being delivered by
that excellent woman, Mrs. Elizabeth
Cady Stanton, and since that time
this position has been advocated by
John Stuart Mills of the British
Parliament, and the question is be-
ing agitated there, meetings are be-
ing held in every city and town and
some of the foremost men and wo-
men of that country are advocating
the measure. They are knocking at
the doors of parliament, and we are
told that not many months will elapse
ere this will be extended to woman.
So it is no small matter. Much has
been said by my friend Mr. Estabrook
of what we are here doing. We are
today making a constitution, or
ganizing a government, I know many
men will differ from me in what I
say, that when you come together for
the purpose of framing a new con-
stitution, one of the natural results
is, that all the parts are turned from
their place, and that all the constitu-
ent parts that make up the govern-
ment are thrown into confusion and
matters here and there are taken up
to be placed in their proper place.
Things that make up a government
resolve themselves into what may
be termed their natural elements.
Now, this might be a new thought to
some of you, but it is not to those
who have examined this question.
Are we here to represent the adult
males of Nebraska, or any ele-
ment that goes to make up the peo-
[August 12
pie? We represent them all, and
they all have a right to send repre-
sentatives upon this floor to repre-
sent their interests in the making of
this organic law. Let us look at the
history of the making of con-
stitutions. Let us take New York.
There was a provision early in the
history of that state in 1801, and ex-
isted in their constitution prior to
1801 that provided that the right of
suffrage should be restricted to males
who held a freehold of the value of
twenty pounds, and those who rent-
ed a tenement at the rate of forty
shillings a year and paying interest
into the state. The legislature that
met in 1801 recognized in part, and
they should have recognized in whole,
that all men with or without the free-
hold should vote for delegates to that
convention. They not only laid
aside the distinction of freeholder,
but away back to 1801 struck out the
distinction of black man and permu-
ted him to go to the polls and choose
his representative. They recognized
the great truth that the government
derives its right to govern from the
consent of the governed.
In 1821 the legislature of New
York passed an act calling another
convention and I have here the law
that extended this same right to
many who were not permitted to
vote at the general election and, more
than this, they were eligible to seats
in that convention that framed the
fundamental law. The constitution-
al convention in Rhode Island in
1822 was made up of the same ele-
ments. But, Mr. President, did we
recognize the duty of a fundamental
law nmldng body? Did we recognize
WOMAN SUFFRAGE
141
Friday]
the right of all the people to be rep-
resented here? We should have to-
day on this floor those who were
sent here to represent the women of
Our state, but we are told they are
represented, that the man represents
the wom*^n. I say he does not. What
woman's vote or the vote of what
body of women sent any man to this
floor? If you claim to represent the
women of your district you have as-
sumed that position. It is a false
representation so far as the women
are concerned, one that is forced up-
on them. Now, let me call attention
to this for a moment. I say the right
of revision implies a power which
should be equitable. The male
voters of this state sent me here and
to them I am responsible, if I do any-
thing they do not like here they will
call me to account. But the women
cannot call me to account to them
for anything they may not like, for
I received no power from them. We
■have no more right to represent the
women here than- a man in Iowa has
a right to go to the congress of the
United States and presume to repre-
sent Nebraska there. It is a presump-
tion to represent Nebraska there. It
is a presumption of power. Suppose
a gentleman should come here from
Otoe county and say that he rep-
resents Douglas county, would we
receive him? And how is it in re-
gard to this matter of representing
woman? Why, Mr. Chairman, we
have an example of this fact in the
formation of the Britih House of
Commons. Let us look at matters
there. The law making power of
England or Great Britain was the
Nobility of England, the Lords made
[Augrust 12
the laws, they said what should be
that should govern the people,
they assumed to speak for the peo-
ple. The people said to these gen-
tlemen, we do not propose to dele-
gate to you this power, we cannot
call you to account for your action,
and we do not propose therefore to
permit this longer, so your British
house of commons was called into ex-
istence and life because of the fact
that the commoners refused longer to
be ruled over by those to whom
they had not delegated the right. I
have right here an American authori-
ty from a man of some note. James
Otis says, "No such phrase as virtual
representation was known in law or
constitution. It is altogether a sub-
tlety and illusion, wholly unfounded
and absurd. We must not be cheated
by any such phantom, or any other
fiction of law, or politics, or any
monkish trick of deceit or hypocri-
sy." The subject of taxation without
representation, Mr. Chairman, has
been fully entered into by my col-
league, and I will not say anything
further upon that subject, he also
has treated pretty fully the question
of whether woman would be demora-
lized by it. Let me, as its growing
very late, let me, for one instant,
look at some positions taken by my
brother Strickland, and attempt to
show their fallacy. He says woman
does not want the ballot, she does not
need it for her protection, she is pro-
tected by man. Mrs. Strickland is
protected by Gen. Strickland, Mrs.
Estabrook by Gen. Estabrook. My
friend suggests to him, very properly,
suppose Mrs. Strickland or Mrs. Es-
tabrook should be a widow; Oh, well,
MANDERSON
142
WOMAN SUFFEAGE
Friday]
MANDERSON
says he, if they are young and good
looking, there is no difficulty about
their getting another man. Suppose,
unfortunately for them they are
neither young, nor good looking, and
the stock of husbands is a little
Slim, they continue widows, strug-
gling and battling with the world,
where is the man then to teach them?
What about the thousands, tens,
aye, hundreds of thousands of wo-
men in this land who are unmar-
ried, and the prospect is, they
will remain in single blessedness,
some from choice, some from neces-
sity. These women who are battling
with the world to make a living,
struggle with terrible problems in
a school room, where is the man lo
protect them? The poor women in
New York, thousands of them in
that one city, who with fingers weary
and worn, stitch, stitch, stitch, until
they feel as though they were sew-
ing life into a garment which when
done will give them a miserable
pittance that will scarcely save them
from starvation, where is the noble
man, my brother Strickland, who
represents those thousands of poor
unmarried women in the council
chamber of the nation? What does
she get, says he, that she does not
want? There are a good many of us
want things we do not get. I never
saw a man or woman that did not
want something that he or she could
not get. I never saw a perfectly
contented man or woman: perhaps
my genial friend is that happy man,
although I have sometimes seen
symptoms of restlessness in him
that showed he was not perfectly
satisfied with his condition. What
[AuKUSt 1'
does she want she does not get?
will tell you what she wants she doei
not get, she does not get the ballot
What have I here? A petition t(
this convention containing mor(
names than any other presented t(
it. No man's name appears upon ii:
here are seventy ladies of this goodb
town of Lincoln, that are wanting
something that they do not get, anc
that you do not propose, gallant mei
as you are, to give them if yon cai
help it. Seventy women in want:
Think of it, my gallant friend, serv(
your arm with strength and you]
voice with thunder and to the res
cue. Seventy women — yes, but ;
was told these are children; the:
went around here and got a lot ol
school girls to sign this petitioi
asking an extension of the right o:
suffrage, and that I might misrep
resent nothing to this convention, ;
took this petition to my friend Cas-
sell and told him I wanted him tc
look over that list and count for m(
the names of the adult women, the
married and single, who wanted whal
they did not get. He made th€
count, the names are seventy and
they are names of the respectable^
intelligent women of this town and
of that number sixty three are mar-
ried women, seven are single v/omen,
and but four of the seventy are un-
der the age of twenty-one. These are
a few among your constituents, not
your immediate constituents, who
want something they do not get; will
not you go hand in hand with me
gallantly, and manfully, and help to
get it for them? But, says Mr. Strick-
land, "she does not want suffrage, you
don't want to drag her into this
WOMAN SUFFRAGE
143
Friday]
filthy pool of politics and make her
walk through the storm ten miles to
vote, she is not constituted like man
is, she is not able bodied." I re-
member, not long- since, in the city
of Omaha, seeing my gallant friend
behind a pair of fine trotters, he was
alone in the carriage, and what was
he doing? Bringing up those of
the male gender who are not
constituted to vote. Why do you not
disfranchise them my friend? They
were not able bodied, could not walk
a square or two to the polls, were
weak men. Why it was cause for disr
f ranchisement and you should have
been ashamed of yourself to have
taken such as they to exercise the
glorious Tight of suffrage. But,
think of a woman in a jury box, he
grows pathetic and says if Judge
Lake put his wife in a jury room and
attempted to keep her in all night,
he would break in at the window. I
do not think your wife would break
in after you, she would be more law-
abiding, have higher respect for the
powers that be, would not be guilty
of that contempt of court. What
surprised me is it fell from the lips
of my brother lawyer, but is
woman out- of place in the jury box?
Let us look at that for an instant.
How many are the cases, that we all
have heard tried in the courts, where
woman would be a proper party to
decide, where she, because of her
sex, because of her experience, be-
cause of her position, would be
a better judge of facts and
testimony as it fell from the lips of
witnesses than a thousand stout men
like Gen, Strickland. Is she to be
demeaned by the performance of the
[August 12
jury duty? I hold here a letter, Mr.
Chairman, from Judge Howe of Wy-
oming, to Mrs. Myra Bradwell of
Chicago, Illinois. No man will deny
the truth of that, that is stated here
by Judge Howe, that when it was
proposed to extend the right of suf-
frage to woman in Wyoming he was
one of the bitterest opponents of that
change. He was no friend to the
measure; he believed with many
gentlemen upon this floor, he thought
they would be demoralized by going
with husbands or father and drop-
ping a silent vote in a ballot box; he
thought they would be corrupted by
the performance of jury duty and
opposed the measure. He writes:
"Mrs. Myra 'Bradwell,
Chicago, Illinois:
Dear Madam: — I am in receipt of
your favor of the 2 6th ult., in which
you request me to give you a truthful
statement, over my own signature,
for publication in your paper, of the
history of, and my observations in
regard to, the woman grand and petit
jurors in Wyoming.
I had no agency in the enactment
of the law in Wyoming conferring
legal equality on women. I found it
upon the statute-book of that Terri-
tory, and in accordance with its pro-
visions several women were legally
drav/n by proper offpcers on the grand
and petit juries of Albany county,
and were duly summoned by the sher-
iff without any agency of mine. On
being apprized of these facts, I con-
ceived it to be my plain duty to fair-
ly enforce this law, as I would any
other; and more than this, I resolved
at once that, as it had fallen to my
lot to have the experiment tried un-
der my administrat^:on, it should have
a f?-ir trial, and I therefore assured
these women that they could serve or
not, as they chose; that if they chose
to serve, the court woiild secure to
MANDERSON
U4:
WOMAN SUFFRAGE
Friday]
MANDERSON
them the most respectful considera-
tion and deference, and protect them
from insult in word or gesture, and
from everything- which might of-
fend a modest and virtuous woman
in any of the walks of life in which
the g-ood and true women of our
country have been accustomed to
move.
While I had never been an advo-
cate for the law, I felt that thousands
of good men and women had been,
and that they had a right to see it
fairly administered; and I was re-
solved that it should not be sneered
down if I had to employ the whole
power of the court to prevent it. I
felt that even those who were op-
posed to the policy of admitting wo-
men to the right of suffrage and to
hold office, would condemn me if i
did not do this. It was also suffi-
cient for me that my own judgment
approved this course.
With such assurances, these "vo-
men chose to serve, and were duly
impanelled as jurors."
Mr. Chairman. I envy not the heart
or the head of any individual, lot him
occupy what place he will, let him sit
in a legislative body or wield the edi-
torial pen, who is so base as to de-
nounce the advocates of this measure
as demagogues did, and, say further,
that, if this right is extended to
woman, the low, the miserable,
class will UH.e it and not
the unnameabU^ thousands of vir-
tuous wives throughout this land
who advocate this measure; tlie
lie is thrown in his teeth by
that noble woman Mrs. Livermore
who did better service in time of
war, as a soldier, battling for the
right than did ever my gallant friend,
and did far more than myself. She
inaugurated and carried in her migh-
ty hand and guided by her mighty
[August V2
brain that Western Ladies' Aid So-
ciety; helped by somt means the
Western Sanitary Association that
did more than ten thousand armed
men to suppress the lare rebellion. It
is given the lie, I say, by thousands
of such women. The lie is hurled
in the teeth of the vile slanderer,
by this petition from the honest,
virtuous ladies of the city of Lin-
coln. Now, what character of women
took tipon themselves this jury duty?
Were they the low and miserable
women of Cheyenne? Were they
those who stood by the wayside and
induced men to acts of wrong and
shame? What says Judge Howe:
"With such assurances these wo-
men chose to serve, and were duly
impanelled as jurors. They are
educated, cultivated Eastern ladies,
^vllO are an honor to their sex. They
have, with true womanly devotion,
left their homes of comfort in the
states, to share the fortunes of their
husbands and brothers in the far
W^est, and to aid them in founding
a new state beyond the Missouri.
And now. as to the results. With
all my prejudices against the policy.
I am under conscientious obliga-
tions to say, that these women ac-
quitted themselves with such dignity,
decorum, propriety of conduct, and
intelligence, as to win the admiration
of every fair-minded citizen of Wy-
oming. They were careful, pains-
taking, intelligent and conscien-
tiou;;. They were firm and resolute
for I he right, as established by the
law and testimony. Their verdicts
weie right, and after three or four
criminal trials the lawyers engaged
in dc>fending persons accused of
crime began to avail themselves of
the right of preemptory challenge, to
get rid of the women jurors, wlio
were too much in favor of enforcing
the laws a)id punishing crime 1o
suit the interests of their clients!
WOMAN SUFFEAGE
145
Friday]
MANDERSON
{August 11
After the grand jury had been in
session two days, the dance house
keepers, gamblers and demimonde,
fled out of the city in dismay, to es-
cape the indictment of women grand
jurors!"
Oh! for a few women — (Page 9 96 7
of MS. missing) demeanor towards
the ladies and the court. Nothing oc-
curred to offend the most refined lady
(if she was a sensible lady), and the
universal judgment of every intelli-
gent and fair-minded man present
was and is, that the experiment was a
success.
Mr. STRICKLAND. Suppose the
law would not allow the jury to be
separated?
Mr. MANDERSON. It would be
very easy to change the law. If the
accused can receive no harm by the
separation, why are they not permit-
ted to separate? If you can protect
them by some such sensible course
as this is it not better than to keep
a jury all night, as you and I have
known them, and men, agreeing to
disagree, have sat up playing draw
poker, ten cent ante, and other
games till morning?
Mr. LAKE. They do it now in
this state.
Mr. MANDERSON. Judge Lake
says they do it now in this state.
We see and know, by personal knowl-
edge, that women have an excellent
influence. Why, we have had a
"feast of reason and a flow of soul"
tonight! We have had wrong action
in this convention in the daytime.
But these galleries are the check
upon that kind of indulgence; and
that same check I say, Mr. Chair-
man, should be exercised at the bal-
lot box, in the legislative halls, and
Note. I assumed the editorship at this page— and changed the date at the head to
August 11. On preceding pages it was, incorrectly, August 12.— Albert Watkins.
wherever men congregate together
to do the detail business of govern-
ment. "But," says my eloquent
stout friend, Strickland, "the wom-
en, if you would let them vote
(says they are weak) the flrst thing
they would do would be to go to
war!" (Laughter.) Why, that is
the most remarkable inconsistency
I ever heard of! Why, what is there
in the breast of women, so delicate,
so refined, as would prompt them to
say, "Let's go to war?" (Laughter.)
"Nobody would be killed but our fa-
thers, husbands and sons," which
Strickland speaks about. Why, how
absurd! You'll take it back, sir,
won't you? (Laughter.)
Mr. STRICKLAND. No, I said
that woman, knowing nothing of the
horrors of war, might be willing to
vote for a war.
Mr. MANDERSON. Now, let us
see. I do not know whether you
were a m.arried man, when your
sword was buckled by your side —
and you pretend to tell me that a
woman, under your guardianship,
knows nothing of the horrors of
war! I was not married, but I had
a mother and sisters. Will you tell
me that when they picked up the
papers that told of our fighting in the
southwest; when they waited for
days after the battle to see the list
of slain, to see whether any who be-
longed to them were there, that they
knew nothing of the horrors of war?
and if they knew its horrors, what
the knowledge of the women who
saw maimed, crippled husbands, fa-
thers and sons Drought back from
the bloody field of fight? Know noth-
ing of the horrors of war! They
know more than you or I. They were
146
WOMAN SUFFRAGE
Friday-Saturday]
the ones who stood inactive; who
could do nothing; who were power-
less; had not the right to vote to
help into power the party that
would have rushed this war to a
successful termination some time be-
fore its close. Why you know, my
friend Strickland, the most terrible
moment to you in war was when you
stood in line doing nothing, receiv-
ing the shots of the enemy; when
you could not up and at the enemy,
and forget the results in the desire
for glory and success. The instinct
of woman is opposed to war.
Now, Mr. Chairman, it is too late
for me to continue this argument. I
feel I have said what I have in an
unsatisfactory manner. I wish it had
been earlier in the evening, that I
might have touched upon subjects
which I have not had time to do.
But there are gentlemen upon this
floor, of riper years, who are better
able to take care of this subject than
I; and I leave it to the gentlemen of
this convention, feeling that we may
have very feebly presented the claims
of this great cause; but if we have
planted one seed that will bring
forth good fruit, God be thanked
for that result. (Applause.)
Mr. McCANN. Mr. President, I
move you that the further consider-
ation of this subject be deferred un-
til Monday evening at eight o'clock,
and that it be made a special order
for that hour.
The motion was agreed to.
Adjournment.
Mr. MASON. I move you this
convention adjourn. I have but a
single word to say. Mr. President, be-
[August 11-12
fore this convention adjourns, I
wish to say a single word, and I say
that in behalf of the whole conven-
tion, and in its defense I have not,
myself, seen one sneer, or heard a
single disgraceful remark from those
opposed to this proposition. I say
this for the credit and dignity of
this body and in order to deny the
assertion that was made tonight. If
such a thing has been done it was
done when I was away.
Mr. CASSELL. Mr. President, I
move we adjourn.
The motion was agreed to.
So the convention (at ten o'clock
and forty-seven minutes) adjourned.
FORTY-SECOND DAY.
Saturday, Aug. 12, 1871.
The convention met at eight o'clock
a. m. and was called to order by the
president.
Prayer.
Prayer was offered by the chap-
lain as follows:
"Our Father, we would thank
Thee for Thy patience with us
through another week. Thank Thee
for our daily bread. Thank Thee for
our friends and homes. Thank Thee
for the peace that is in our land.
Thank thee for the strength of our
arms and the honor of our flag, and
we pray Thee that it may please
Thee to continue these things to us
for the sake of Christ. Amen."
Mr. WEAVER. I move a call of
house.
Mr. ESTABROOK. Mr. Presi-
dent, I suggest that a very import-
ant committee is now in session in
the supreme court room and will be
through soon.
LEGISLATIVE ARTICLE
147
Saturday]
The PRESIDENT. We will wait
until they get through with their la-
bors.
Reading of the Journal.
The Journal of the preceding day-
was read and approved.
Leave of Absence.
Mr. LAKE. Mr. President, I ask
leave of absence until Tuesday noon
as I have judicial business in Omaha.
Leave was granted.
Mr. McCANN. Mr, President, I ask
an indefinite leave of absence.
Leave was granted.
Mr. BOYD. Mr. President, I ask
leave of absense until Monday noon.
Leave was not granted.
MR. KILBURN. Mr. President, I
move to reconsider the vote by which
the legislative article was ordered
engrossed.
MR. KILBURN. I propose to of-
fer some remarks on this question.
MR. STEWART. I rise to a point
of order. It is over two days since
the article was passed; and it is not
now in the possession of the house.
THE PRESIDENT. The gentle-
man from Saunders (Mr. Kilburn) is
in order.
Mr. KILBURN. Mr. President,
I will give you some reasons for this
motion, which are amply satisfac-
tory to myself, and which I hope
will be equally so to every member
of this convention.
And in the first place I must say,
that I cannot, will not believe that
this convention realize what they
have sought to do, in this section.
I call special attention to that
clause which forbids the division of
any county into single districts
[August 12
which is entitled to two or more
representatives, by any future action
of the Legislature, during the entire
life of our constitution. I ask. Is
this right; is it just; is it in accord-
ance with the genius of our free in-
stitutions?
For instance, we will suppose that
Douglas county has twenty thousand
inhabitants; is entitled to ten rep-
resentatives, and has a small majori-
ty one way or the other. If they are
elected together on one ticket, they
may be all of one political faith, and
all elected from one ward in the
city of Omaha. But if the country is
divided into ten districts, a minority
of the representatives, will corres-
pond nearly with the minority of
the people. And it will operate
with equal justice in counties having
less than ten, and more than one.
We will suppose a county is en-
titled to two representatives, and has
four thousand inhabitants, and a
slight majority one way or the other.
If fairly divided into two districts,
men of opposite views, reflecting the
different political sentiments and
local interests of each district, will
be elected, and the people of each
district will be as fully and directly
represented as they can be.
In answer to this we receive the
wise republican reply, that it is
right for the majority to rule, or that
the majority rule is right. That de-
pends upon its application.
In a representative government,
even with the smallest single dis-
tricts practicable, the minority must
submit and the majority must rule;
and in this case, and in this sense,
the majority rule is the best one we
KILBURN
148
LEGISLATIVE ARTICLE
Saturday]
can make. But when the party in
power, for party purposes, attempts
to prohibit, in the constitution of the
state, the enactment of laws which
shall give all the people as full and
direct representation as possible, they
violate the true majority rule, the
democratic rule., the republican rule,
and the golden rule; and adopt the
aristocratic rule — the rule that
might make right — and deserve to
be hurled from their places, and sit
in sackcloth and ashes, till they have
learned to regard, and care for the
rights of every human being whom
God has created, and for whom
Christ died.
But we are told that by electing
ten men in One district and upon
one ticket that they may all be se-
lected from one ward in one city, if
that is necessary to secure men of
talent and political experience. To
this I repfy, that the people prefer
to be represented by one of them-
selves from their own locality, rather
than to be misrepresented by a
Webster or a Benton; and that I am
here to maintain tiie preferences, the
interests and the rights of the peo-
ple; the men whose hands are hard-
ened by honest toil in making the
state beautiful and rich, by convert-
ing the broad prairies into fruitful
fields, — but who know their rights
and how to maintain them.
I protest, in the name of justice
and equal rights, against the princi-
ple of injustice embodied in this sec-
tion; and also against the spirit
and purpose which has carried it
thus far in the convention. I de-
nounce it as containing the essential
elements, the very essence of tyran-
ny.
[August 12
It perpetuates injustice in the funr
damental law of the state, by forbid-
ding the legislature to enact laws
and regulations for the most direct
and full representation of the peo-
ple.
It loads down our constitution
with an intolerable and odious bur-
den, and makes of it a deformed and
crippled thing — conceived in sin and
shapen in iniquity- — going before
the people and asking them to sur-
render tlleir rights, under the hypo-
critical pretense of securing them.
Mr. President, again I say, I pro-
test against this attempt to wrest
from the people their just rights of
representation.
I denounce this 2 0th section of
the legislative report, as a most un-
fit, unsightly thing to place in the
constitution of our state — as a
loathsome thing floating on tne foul
pool of party politics, a stench in the
nostrils of God and all honest men.
Mr. BALLARD. If it be true, as
appears, and the section is adopted,
I shall vote for the motion to recon-
sider. One reason is — to illustrate:
we have, in our county, three small
towns. Whatever two are closed
down and put their heads together to
carry, it makes no difference what,
they carry the election, and the re-
sult is they often elect a representa-
tive or representatives from one cor-
ner of the county who do not rep-
resent what the people want. Here,
sir, I wish some gentleman to assign
some reason why the single repre-
sentative district system is right. I
have never heard good reason for it
on this floor, therefore, I vote for the
gentleman's motion to reconsider. I
know that people demand it. Cities
KILBUEN— BALLARD
LEGISLATIVE ARTICLE
149
Saturday]
LAKE— Me C ANN
[August 12
Will not demand it, large towns will
not demand it, politicians will not
demand it, but the common people
demand it, the counties demand it.
The PRESIDENT. The question
is upon the motion to reconsider the
vote by which the legislative article
was ordered engrossed. Those favor-
ing the reconsideration will say
aye, those opposed, no.
The Secretary proceeded to call
the roll.
Mr. LAKE, when his name was
called. I wish to explain my vote.
I am informed that the amendment
of the gentleman from Otoe (Mr.
McCann) is such in its terms that it
prohibits the legislature, should they
desire to do so, to try the experi-
ment of single districts. Now I for
one am in favor of leaving the sec-
tion in such shape that the legisla-
ture may, if they see fit, try the ex-
periment of single districts. Per-
sonally I am opposed to it, but I am
willing that the scheme be tried by
the legislature.
Mr. McCANN. I would state that
that was not the intention at all of
that amendment. The amendment'
was to prevent the formation of rep-
resentative districts taking a row of
precincts from one county and at-
taching them to another.
Mr. LAKE. My recollection is,
upon reflection, that the amendment
offered by the gentleman from Otoe
was that in the creation of any rep-
resentative district, no county should
be divided.
Mr. McCann.
exactly.
That was just it
Call of the House.
Mr. PHILPOTT. I move a call
of the house.
The secretary called the roll.
The call of the house being order-
ed, the secretary proceeded to call
the roll.
The President announced the re-
sult, present 38, absent 14, as fol-
lows:
PRESENT.
Abbott,
Ballard,
Boyd,
Cassell,
Curtis,
Eaton,
Bstabrook,
Gibbs,
Gray,
Griggs,
Hascall,
Kenaston,
Kilburn,
Kirkpatrick,
Lake,
Lyon,
McCann,
Majors,
Mason,
Manderson,
Moore,
Myers,
Parchen,
Philpott,
Reynolds,
Scofield,
Shaff,
Sprague,
Stevenson,
Stewart,
Thummel,
Thomas,
Towle,
Vifquain,
Wakeley,
Weaver,
Wilson,
Mr. President. — 31
ABSENT.
Newsom,
Parker,
Price,
Robinson,
Speice,
Tisdel,
Woolworth. — 14.
Campbell,
Granger,
Grenell,
Hinman
Ley,
Maxwell,
Neligh,
Mr. PHILPOTT. Mr. President,
I move the sergeant at arms be dis-
patched for absentees.
The convention divided and the
motion was agreed to.
Mr. MASON. Mr. President, I
move that all further proceedings
under call of the house be dispensed
with.
150
LEGISLATIVE ARTICLE
Saturday]
The convention divided and the
motion was agreed to.
Mr. MAiSON. Mr. President, I
move we go into committee of the
whole upon the article reported by
the gentleman from Douglas (Mr.
Boyd) upon a reconsideration of the
vote, as moved by Mr. Kilburn.
MR. LAKE. The motion is out
of order.
THE PRESIDENT. The position
of the question is this: The gentle-
man from Saunders (Mr. Kilburn)
made the motion; if he gives consent
it may be postponed for two hours.
Mr. KILBURN. I have only this
to say about that. I don't want it
postponed so that it cannot be taken
up again.
The PRESIDENT. It can be
called up at any time within two
days.
The question then is upon going
into the committee of the whole on
the report of the committee on rail-
roads.
Mr. WAKELEY. Mr. President,
I hope that this may be postponed
that I may make a few remarks. It
is held that the motion of Mr. Mc-
Cann will prevent having any single
districts, and, as a friend of that who
voted against it, I think it may be
left to the justice of the legislature;
and I believe if this matter is post-
poned some plan can be arrived at
that will be satisfactory to all. Mr.
McCann disclaims any intention by
his motion to preclude the single dis-
trict system.
Mr. McCANN. My object in of-
fering that amendment was to pre-
vent the legislature or any other
power from taking a part of my
[August 12
county or any other county and add-
ing it to another county to form a
representative district. If a majority
of this convention think that the
legislature cannot divide into single
districts without taking a part, I for
one am willing to leave it to the leg-
islature to submit it to the people.
Mr. LAKE. I will ask the gen-
tleman how he reconciles the state-
ment that he did not intend to tie
up the hands of the legislature, with
his amendment. I read from the
journal: "Mr, McCann moved that
no county shall be divided in the for-
mation of a representative district."
I take it that that means that the en-
tire county must form a representa-
tive district; but now I understand
him that he is not willing to leave
it to the legislature without leaving
it to the people. I propose to vote
for the reconsideration in order that
a section may be framed so as to
leave it in the hands of the legisla-
ture to provide for single districts if
they see fit.
Mr. McCANN. Mr. President, I
have the journal here, the words are:
"no county shall be divided in the
formation of a representative dis-
trict." Now the gentleman is correct
in stating I said that. At that time
I did not wish precincts taken from
my county and attached to any other
as a representative district. I did say
then, and say now, that I am not in
favor of single representative dis-
tricts. The gentlemen have asked that
it be left to the legislature, and the
gentleman from Saunders has pro-
tested, in the strongest measure and
in language not courteous to the
majority of this convention, that it
WAKELEY— McCANN— LAKE
LEGISLATIVE ARTICLE
151
Saturday] BOYD— MAJORS— REYNOLDS— HASCALL—PHILPOTT [August 12
is a stench in the nostrils of God and
all honest men. Now I am opposed
to leave it with the. legislature to
adopt that plan, the people have a
right to be heard in the matter.
Mr. BOYD. Mr. President, I
have an amendment which I think
will satisfy the gentleman. "But no
county shall be divided for the pur-
pose of attaching a part of its terri-
tory to another county in forming a
representative district,"
Mr. MAJORS. Mr. President, 1
just wish to make a remark or two
in connection with the history of
this case. I am satisfied that if we
leave the question with the legisla-
ture, hereafter, to let the people
through their representatives say
what they want in regard to district-
ing, it will be all right.
The PRESIDENT. The motion
is to reconsider the vote by which
this article was referred to the com-
mittee on enrollment and engross-
ment.
The motion was agreed to.
Mr. REYNOLDS. Mr. President,
Your committee on enrollment and
engrossment to whom was referred
the articles on banks and currency,
state, county and municipal indebt-
edness, miscellaneous corporations
and legislative, report they have
examined the same and find them
correctly engrossed.
The PRESIDENT. The legisla-
tive article is before the convention.
Mr. MASON. Mr. Presdent, I
move to reconsider the vote by which
section 20 of the article was adopted.
Mr. HASCALL. Mr. President,
I move an amendment to the amend-
ment of the gentleman from Doug-
las (Mr. Boyd). "That no county
shall be divided and a part thereof
attached to another county in the
formation of another representative
district."
Mr. HASCALL. That section
was formed from a section that I in-
troduced, and the section I intro-
duced went upon the journal. I
read it after it was in the journal,
and it was amended by attaching
an amendment made by the gentle-
man from Otoe. I took a portion of
that section relating to representa-
tive districts directly from an old
constitution and that read: "To be
composed of convenient, contiguous
territory, as compact as may be, to
be defined by law." Now, by en-
grossment and subsequent journal
entries, they have left that out, and
the first thing we should do would
be to make it read as the original
journal read.
The PRESIDENT. The question
is upon the reconsideration of the
vote by which the section was
adopted.
Mr. PHILPOTT. I do not clear-
ly understand this. Gentlemen send
up their amendments in writing and
we do not have copies of them. Now
why not move an amendment of this
kind: "Provided, That the legislature
may divide counties into single rep-
resentative districts;" then we know
exactly what we want, and what we
are voting for. I offer it as an
amendment to the amendment.
Mr. BOYD. I will accept it.
The convention divided and the
motion to reconsider was agreed to.
152
LEGISLATIVE AKTICLE
Saturday] HASOALL—PHILPOTT— BOYD— LAKE [August 12
The PRESIDENT. The question
now is upon the amendment to the
amendment offered by the gentleman
from Lancaster (Mr. Philpott).
MR. HASCALL. The legislature
have the authority without putting it
in. And the amendment of my col-
league (Mr. Boyd) reaches that
point.
Mr. PHILPOTT. Mr. President, I
understand from gentlemen here that
there is a misunderstanding of the
section which has been adopted.
They say they did not mean to pre-
vent the legislature having authority,
and the others understood that it was
that the legislature might be pre-
vented. The language I have offered
is such as would leave the question
before the convention in a way that
is plain. I shall vote no, although
I have offered the amendment.
Mr. BOYD. Mr. President, then
I will not accept it.
Mr. PHILPOTT. Then I will of-
fer it as an amendment to the
amendment.
Mr. LAKE. I take it that the
gentleman from Lancaster is mis-
taken in the one proposition. He
says there is a division of opinion
as to the meaning of the proviso
offered by the gentleman from
Otoe. I take it that there is no
contrariety of opinion in respect to
that provision. Now the probability
is that others, as well as myself, did
not pay particular attention to the
provision at the time it was adopted.
I took it that the gentleman from
Otoe had embodied his ideas as ex-
pressed in the proviso. I took it that
it was left with the legislature, except
that by his amendment there was a
restriction against their taking terri-
tory from one county and attaching
it to another county. The^gentleman
from Otoe admits that the language
in his proviso goes further than he
expressed orally upon the floor. It
prevents the legislature from doing
that which, perhaps, the majority on
this floor was willing they should do,
if a majority were in favor of it.
"Forming single representative dis-
tricts." The language is clear. But
that it expresses more than the gen-
tleman intended, or, at least, more
than he declared he intended', is cer-
tain. Now, as to the amendment of-
fered by the gentleman from Lancas-
ter. I am opposed to any such pro-
vision going into the constitution.
Where the legislature have this au-
thority to act in respect to a matter
without any action on the part of
this convention, I am in favor of si-
lence: saying nothing about it. I
suppose it is well understood, and
generally conceded that, in respect to
the formation of senatorial or repre-
sentative districts, the power of the
legislature is complete unless re-
stricted: that it is ample to form
such districts as it may seem fit, and
to change them when they see fit;
find the only need for the provision in
the constitution on this subject is
that in those respects, where it is
thought best, the legislature shall be
restricted. If not restricted, then
their power is without any limit
whatever. There is no limit except
such as is found in the constitution.
Now, I trust such a useless provision
as this will not find its way info the
constitution. Strike your proviso.
If you wish to limit them say so; if
not then say nothing about it.
LEGISLATIVE ARTICLE
153
Saturday]
PHILPOTT— ROBINSON— HASOALL
[August 12
Mr. PHILPOTT. I am in favor
of limiting the legislature in the for-
mation of representative districts,
but only as to counties. I would not
allovi^ the legislature to divide up a
county. I believe the interests of ev-
ery county with respect to represent-
ation, is a unit. I believe all the rep-
resentatives coming within the terri-
tory embraced in the county could
come together and consider interests
local. I hope that a restriction may
be placed upon the legislature.
Mr. ROBINSON. It strikes me
that there is a little begging of the
question, and a begging of the argu-
ment of my colleague from Lancas-
ter. For my part, I am now agreeing
with the gentleman from Douglas. I
am inclined to think that it is unwise
to put into the fundamental law of
the state any restrictions which it
might be the best policy of the state
to pursue. It is my opinion that it
is wrong to divide a county into
single representatives districts; but
I am inclined to think that the legis-
lature will, at all times, be very fair
judges of that policy. If it is wrong
to divide they will not do it. Now,
if a county is a unit, if its interests
are one, if all parts of the county are
equally interested in pursuing a cer-
tain policy, what, then, would be the
harm of dividing into single repre-
sentative districts? If Omaha, tor
instance, has a policy she desires to
pursue which the other part of the
county does not wish, why not cut
the county in two, and let each
opinion be represented? Why not let
Omaha send all the representatives
and then carry their point? I have
another thing to say in regard to this
legislation in ihe constitution on the
subject.
I think it is wrong for any legis-
lature, or any party in power, to dis-
trict the state so as to give that
party increased power. I think our
representative system is a great hum-
bug, and that the people are not rep-
resented in their views.
Mr. HASCALL. Mr. President, I
did not vote to reconsider this vote
for the purpose of having it discuss-
ed all forenoon. We have already
discussed this question fully and are
all prepared to vote. "Question!
Question!"
The PRESIDENT. The question
is upon the amendment offered by the
gentleman from Douglas (Mr. Boyd)
which reads, "but no county shall be
divided for the purpose of attaching
a part of its territory to another
county, or part of a county, in form-
ing a representative district."
The yeas and nays being demand-
ed, the secretary proceeded to call
the roll.
The President announced the re-
sult, yeas 33, nays 6, as follows:
YEAS.
Abbott, Myers,
Ballard, Parchen,
Boyd, Reynolds,
Eaton, Robinson,
Estabrook, Stevenson,
Gibbs, Stewart,
Gray, Sprague,
Griggs, Scofield,
Hascall, Shaff,
Kilburn, Thomas,
Kirkpatrick, Thummel,
Lake, Tisdel,
Lyon, Towle,
Majors, Vifquain,
Mason, Wakeley,
Manderson, Wilson. — 33.
Moore,
154 MISCELLANEOUS COKPOEATIONS
Saturday]
GRAY
[August 12
NAYS.
Cassell, McCann
Granger, PJulpoit,
Kenaston, Weaver,— 6.
ABSENT OR NOT VOTING.
Curtis, Newsom,
Campbell, Pa'rker,
Grenell, Price,
Hinman, Speice,
Ley Woolworth,
Maxwell, Mr. President.— 13
Neligh,
So the amendment was agreed to.
The PRESIDENT. The question
in upon the adoption of the section
as amended.
The section was adopted.
Mr. GRAY. Mr. President, I
move that the article he referred lo
the committee on enrollment and en-
grossment.
The motion was agreed to.
The PRESIDENT. The question
13 on engrossing this bill for a third
reading . The motion was agreed to
and the article was ordered en-
grossed.
The PRESIDENT. I will state
that there are two other bills here
that may be taken up now and read
the third time.
Will the gentleman from Douglas
(Mr. Myers) take the chair.
Miscellaneous Corporations.
The secretary read the article on
Miscellaneous Corporations as fol-
lows:
ARTICLE —
Section 1. No corporation shall be
created by special laws, or its char-
ter extended, changed, or amended,
except those for charitable, educa-
tional, penal or reformatory pur-
poses, which are to be and remain
under the patronage and control of
the state, but the legislature shall
provide, by general laws, for the or-
ganization of all corporations here-
after to be created. All general
laws passed pursuant to this section
may be altered from time to time or
repealed.
Sec. 2. All corporations shall
have the right to sue, and shall be
subject to be sued, in all courts in
like cases as natural persons.
Sec. 3. Stockholders of all cor-
porations and joint stock associa-
tions shall be individually liable for
all debts of such corporation or as-
sociation after the exhaustion of the
corporate property to the full amount
of the par value of their stock.
Sec. 4. The legislature shall pro-
vide by law that in- all elections for
directors or managers of incorporat-
ed companies every stockholder shall
have the right to vote in person or
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 lo cumu-
late said shares and give one candi-
date as many votes as the number of
directors multiplied by the number
of his shares of stock shall equal, or
to distribute them on 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.
Sec. 5. All existing charters or
grants of special or exclusive privi-
leges, under which organization
shall not have taken place, or which
shall not have been in operation
within 10 days from the time this
constitution takes effect, shall there-
after have no validity or effect what-
ever.
The PRESIDENT pro tempore. Gen-
tlemen this article having been read
three times the question will be on
its final passage. The secretary will
call the roll.
The vote was taken and the result
announced, ayes 34, nays none, as
follows:
LEGISLATIVE APPORTIONMENT 155
Saturday]
AYES.
Abbott,
Manderson,
Ballard,
Moore,
Boyd,
Myers,
Cassell,
Parchen,
Curtis,
Reynolds,
Eaton,
Robinson,
Estabrook,
Shaff,
Gibbs,
Sprague,
Gray,
Stevenson,
Griggs,
Stewart,
xjtq c? q n
y. xiujxtctb,
xvenasLon
± isuei
xvii KpairicJi,
1 o w le,
Lake,
V IKj^llalll,
Lyon,
vv dKeiey,
1\/r Q 1 T*iCJ
IVlctJ wl »,
Won vf^v
vv tJci V ,
IVTa Sinn
Wilson. — 34
Nays, none.
ABSENT, OR
NOT VOTI^
Campbell,
Newsom,
Granger,
Parker,
Grenell,
Philpott,
Hinman,
Price,
Kilburn,
Scofield,
Ley,
Speice,
McCann,
Thummel,
Maxwell, Woolworth,
Neligh. Mr. President. — 18
So the article was passed and the
title agreed to.
Mr. TOWLE. Mr. President, I
would ask permission of the house
to make a report from the commit-
tee on legislative apportionment.
(Leave.) I ask that the report be
received, the usual number ordered
printed, and referred to the commit-
tee of the whole.
So ordered and referred.
The following is the report:
ARTICLE.
Until otherwise provided by law
senatorial and representative dis-
tricts shall be formed and senators
and representatives apportioned
thereto, as follows:
SENATORIAL DISTRICTS
District No. One — Shall consist of
the county of Richardson, and be en-
' titled to one senator.
[August 12
District No. Two — Shall consist of
the county of Nemaha, and be en-
titled to one senator.
District No. Three — Shall consist
of the county of Otoe, and be en-
titled to two senators.
District No, Four — Shall consist of
the county of Cass, and be entitled
to one senator.
District No. Five — Shall consist of
the counties of Saunders and Sarpy,
and be entitled to one senator.
District No. Six — Shall consist of
the county of Douglas, and be en-
titled to three senators.
District No, Seven — Shall consist
of the county of Washington, and
be entitled to one senator.
District No. Eight — Shall consist
of the county of Dodge, and be en-
titled to one senator.
District No. Nine — Shall consist of
the counties of Cuming, Burt and
Stanton, and be entitled to one sen-
ator.
District No. Ten — Shall consist of
the counties of Dakota, Dixon, Cedar,
L'Eau Qui Court, Antelope, Madison,
Pierce and Wayne, and shall be en-
titled to one senator.
District No. Eleven — Shall con-
sist of the counties of Platte, Colfax,
Boone, Merrick, Hamilton, Polk,
York and Butler, and be entitled to
one senator.
District No. Twelve — Shall consist
of the counties of Saline, Seward
and Jefferson, and be entitled to one
senator.
District No. Thirteen — Shall con-
sist of the counties of Johnson and
Gage, and be entitled to one senator.
District No. Fourteen — Shall con-
sist of the county of Lancaster, and
be entitled to one senator.
District No. Fifteen — Shall consist
of the county of Pawnee, and be en-
titled to one senator.
District No. Sixteen — Shall consist
of the county of Hall and all other
counties and territory not included
in any other senatorial district, and
be entitled to one senator.
156
LEGISLATIVE APPOETIOXMEXT
Saturday]
[August 12
REPRESENTATIVE DISTRICTS.
District Xo. One — Shall consist of
the county of Richardson, and be en-
titled to five members.
District No. Two — Shall consist of
the county of Nemaha, and be en-
titled to three members.
District No. Three — Shall consist
of the county of Otoe, and be en-
titled to six members.
District No. Four — Shall consist of
the county of Cass, and be entitled
to four members.
District No. Five — Shall consist oi
the county of Sarpy, and be entitled
to one member.
District No. Six — Shall consist of
the county of Douglas, and be en-
titled to nine members.
District No. Seven — Shall consist
of the county of Washington, and be
entitled to two members.
District No. Eight — Shall consist
of the county of Burt, and be en-
titled to one member.
District No. Nine — Shall consist of
the county of Dakota, and be en-
titled to one member.
District No. Ten — Shall consist of
the counties of Cedar, L'Eau Qui
Court, Antelope, Pierce and Wayne,
and be entitled to one member.
District No. Eleven — Shall consist
of the counties of :Madison and Stan-
ton, and be entitled to one member.
District No. Twelve — Shall consist
of the county of Cuming, and be en-
titled to one member.
District No. Thirteen — Shall con-
sist of the county of Dodge, and be
entitled to two members.
District No. Fourteen — Shall con-
sist of the county of Colfax, and be
entitled to one member.
District No, Fifteen — Shall consist
of the county of Platte, and be en-
titled to one member.
District No. Sixteen — Shall consist
of the counties of i^utler and Polk,
and be entitled to one member.
District No. Seventeen — Shall con-
sist of the counties of Merrick, How-
ard, Sherman, Valley, Greeley and
Boone, and be entitled to one mem-
ber.
District No. Eighteen — Shall con-
sist of the county of Hall, and be en-
titled to one member.
District No. Nineteen — Shall con-
sist of the county of Pawnee, and be
entitled to tvs'o members.
District No. Twenty — Shall consist
of the county of Gage, and be en-
titled to one member.
District No. Twenty-one — Shall
consist of the county of Johnson, and
be entitled to one member.
District No. Twenty-two — Shall
consist of the county of Lancaster,
and be entitled to two members.
District No. Twenty-three — Shall
consist of the county of Saunders,
and be entitled to one member.
District No. Twontj^-four. — Shall
consist of the. county of Seward, and
be entitled to one member.
District No. Twenty-five — Shall
consist of tlfe county of Saline, and
be entitled to one member.
District No. Twenty-six — Shall
consist of the counties of Jefferson
and Thayer, and be entitled to one
member.
District No. Twenty-seven — Shall
' consist of the county of Lincoln, and
be entitled to one member.
District No. Twenty-eight — Shall
consist of the counties of York, Ham-
I ilton. Clay, Fillmore and NucKplls,
^ and be entitled to one member.
I District No. Twenty-nine — Shall
i consist of the county of Dixon, and
i be entitled to one member.
I District No. Thirty — Shall consist
I of the county of Kearney, and all
other counties and territory not in-
cluded in any other representative
district, and be entitled to one mem-
ber.
The PRESIDENT pro tempore
The question is on referring the ar^
tide on miscellaneous corporations
just adopted to the committee on re-
vision.
The motion Mas agreed to and the
article so referred.
The secretary read the article on
state, county and municipal indebt-
edness as follows:
STATE, COUNTY AND MUNICIPAL INDEBTEDNESS 157
Saturday]
[August 12
ARTICLE —
Section 1. No city, county, town,
precinct or other municipality or
other subdivision of the state shall
ever become subscriber to the capital
stock of any railroad or private cor-
poration, or make donation thereto,
or aid in the construction of any rail-
road or work of internal improve-
ment, owned or controlled in whole
or in part by any individual or pri-
vate corporation or association, or
create or contract any indebtedness
for any purpose herein specified,
unless a proposition so to do shall
have been submitted at an election
held by authority of law and three-
fifths of the Qualified electors voting
on said proposition shall be in favor
of the same.
Such indebtedness, inclusive of
any ana all similar indebtedness
whensoever created, shall not at any
time exceed ten per cent of the val-
uation for taxable purposes of such
city, county, town, precinct or other
municipality or subdivision of the
state contracting such indebtedness.
Nor shall any aid be given to any
railroad company, or for the construc-
tion of any railroad, or any indebted-
ness be created or contracted for such
purposes, unless the line of the rail-
road shall have been definitely lo-
cated, and shall be specified in the
proposition voted upon, nor shall
such indebtedness exceed five thous-
and dollars per mile to any proposed
railroad, nor in any event be payable
until such railroad, or a part thereof
is completed ready for the rolling
stock, and only in proportion to part
so completed.
The PRESIDENT pro tempore.
The question will be on the final pas-
sage of the article. Secretary, call
the roll.
The vote was taken and the re-
sult announced, ayes -3 4, nays 1, as
follows:
AYES.
Abbott, Mason,
Ballard, Manderson,
Boyd, Moore,
Cassell, Myers,
Curtis, Philpott,
Eaton, Reynolds,
Estabrook, Robinson,
Gibbs, Scofield,
Granger, Shaff,
Griggs, Sprague,
Hascall, Stevenson,
Kenaston, Stewart,
Kilburn, Thomas,
Kirkpatrick, Towle,
Lake, Vifquain,
Lyon, Wakeley,
Majors, Wilson. — 34.
NAYS.
, Gray. — 1.
ABSENT, OR NOT VOTING.
Campbell, Parker,
Grenell, Price,
Hinman, Speice,
Ley, Thummel,
McCann, Tisdel,
Maxwell, Weaver,
Neligh, Woolworth,
I Newsom, Mr. President. — 17
Parchen,
j So the article was passed and the
1 title agreed to.
i The PRESIDENT pro tempore.
I The question is on reference to the
I committee on revision. The mot.on
I [was] agreed to and the article was
so referred.
The article was referred to com-
: mittee on revision and adjustment,
i The PRESIDENT. The separate
proposition in regard to municipal
subscriptions is before the conven-
tion. The secretary will read it.
The secretary read the proposition
as follows:
Section 1. No county, city, town,
township, or other municipality shall
ever become subscriber to the capi-
tal stock of any railroad or private
corporation or make donations to, or
loan its credit in aid of such corpor-
158 MUNICIPAL AID TO COEPORATIONS
Saturday] STEWART— WAKELEY— WEAVER— TOWLE— ROBINSON
ation: Provided, however, that the
adoption of this article shall not be
construed as affecting the right of
any such municipality to make such
donations where the same have been
authorized under existing laws by
a vote of the people of such munici-
pality prior to such adoption.
Mr. STEWART. I vote in the
negative. I vote for what I tnink is
right. I will vote against the minor-
ity report all the way. I never fav-
ored it. I am opposed to both re-
ports.
Mr. WAKELEY. I have a few
words to say upon this proposition.
I cannot speak for other gentlemen
upon this floor, but I wish to speak
for myself. I am decidedly in favor of
the proposition submitted by the
majority of the committee, but in
the committee of the whole they
recommended to the convention that
the minority proposition of the total
prohibition should be submitted to
the people, and recommended that
the convention should refer it to the
committee on schedule with instruc-
tions to provide for its separate sub-
mission. In the committee of the
whole and in convention I voted for
that proposition upon the principle
that the people of this state had the
right to determine the question;
and, sir, I shall vote for that to the
end. If the people of this state will
vote against a proposition I think
best, I have done my duty in sub-
mitting the proposition and must
bow to the will of the people. I
supposed, Mr. President, that that
was the understanding. I will not
speak for any one but myself. I
shall carry out the pledge which we
have already given, that this matter
shall be submitted to the people. I
[August 12
believe that to be just and right;
and supposed that was the matter
settled by the act of the convention,
and that when that report was adopt-
ed, it was for the purpose of requir-
ing this to be separately submitted.
Mr. WEAVER. I am of the
opinion of the gentleman from Doug-
las (Mr. Wakeley).
Mr. WILSON. I call for the pre-
vious question.
Mr. MASON. I hope this previous
question will not be called at this
instant of time.
Mr. TOWLE. It appears to me
that this matter of a separate article
is already provided for and disposed
of. It is now the duty of the com-
mittee on schedule to engross this
proposition into its report; and I be-
lieve it to be in their particular prov-
ince to do that.
Mr. ROBINSON. If I understand
the state of this article it is: the mi-
nority report has not yet been adopt-
ed; but the separate article has not
yet passed through the house, and
we have the right to vote it down if
we please. It must first pass this
body before it becomes an article.
Now, I have to be against submit-
ting it, that there is injustice in sub-
mitting it to the people at all. The
people inhabiting the river counties
are going to poll a big majority in
favor of this majority report, will
vote against giving any aid whatever
for railroads. I believe that the
majority report, perhaps, would
carry in this county by a very close
majority vote. I do not believe in
majorities quite so far as this. There
are many counties in the west who
have now a small population, but
will have a greater. They have a
MUNICIPAL AID TO COEPOEATIONS 159
TOWLE— KIRKPATRIGK [August 12
Saturday]
right to vote that aid if they de-
sire, by a three-fifths majority. Now
in those counties where they have no
railroads, and where they need one,
it would be wrong to hold them to
the rule adopted in the river coun-
ties.
I don't believe that Douglas,
Sarpy, Cass and Otoe counties will
[would] vote today in favor of giving
aid to railroads. If th'is law applied to
particular counties, I would be in fa-
vor of it; but, sir, we are making a
rule for the whole state. Now, sir,
let us compromise. I claim that
there has been no compromise made.
I think that every man whose county
needs a railroad had better vote right
here against this, because I under-
take to say that if these two reports
are submitted — one in the constitu-
tion and the other as a separate ar-
ticle — the minority report will be
adopted by the state, generally. If we
are to adopt a rule which is to affect
particular communities unjustly, I am
opposed to it. I do not think that the
people of Douglas and Otoe counties,
having all the railroads they want,
should say to the people of the west-
ern counties, *'We don't want any
more railroads, and therefore you
shall have none."
Mr. TOWLE. Mr. President, I ask
leave to speak. ("Leave! Leave!")
In anticipation of the discussion of
this question, it was expected we
would spend days upon it; but there
was an express agreement made —
not by trading off, not by any wire-
working that was done, but by
speeches made, and by the action of
this convention while in committee
" of the whole. It was understood that
both of these propositions should go
to the people; one to be incorporated
in the constitution and the other to
go separately. Now I am disposed
to stand by this agreement, and if the
people of the whole state are willing
to vote in favor of one and against
the other, I am disposed to ab'de
by the decision.
Mr. KIRKPATRIGK. Mr. Presi-
dent, I rise to say that I am in
favor of meeting this whole ques-
tion fairly. The committee of this
convention which made these two re-
ports did so with the very best mo-
tives. Now, sir, I made no bargain
upon this question at all, although I
have said that I am willing to have
the minority report submitted as a
separate proposition if the conven-
tion desires it. I helped the friends,
of the minority representation, yes-
terday, to get it submitted as a sep-
arate article.
Gentlemen have gone out of thiSr^
immediate question to discuss the-
whole subject under consideration.
It is charged here that the more pop-
ulous counties have all the railroads,
they want. Now I say this is not true.
There is more demand today for rail-
roads in my county than ever before.
Today four votes would be cast for
railroads where one was a few years
ago. Now, sir, if ihese western
counties need railroads they need
them no more than the eastern coun-
ties. We want to push our railroads-,
which are already constructed into
the interior. What benefit is it to a
county to have a railroad running
through that county alone? None at
all, sir. Gentlemen will bear me out
in this. Now, sir, during all the ses-
160 MUNICIPAL AID TO COEPORATIONS
Saturday] MANDERSOX— SPEAGUE-
sion of this convention not one pro-
test against bonds has come from the
eastern counties of the state. Where
did they come from? From the west-
ern counties exclusively. Now, sir, I
say if they have an interest in this
subject we have a greater interest —
greater as our population is greater.
Gentlemen have taken the position
that they were willing to submit this
proposition to the people to be voted
upon separately. I am willing to
stand by that position. Now, sir, I
believe there is a large vote in my
county against this prohibitory pro-
vision. Sir, I was willing to insert
the other provision in the constitu-
tion. I shall vote for the constitu-
tion with that provision in it.
Mr. MANDERSOX. Mr. Presi-
dent, 1 don't propose to stulify my-
self on ihis vote if I can help myself.
I made no agreement either openly
or any other way that I would vote
either for or against this proposition.
I was in favor of the majority re-
port. The question of removal of
the capital as a clause in the con-
stitution had a very large vote in
favor of its being inserted and also
in favor of its being submitted sep-
arately. It was carried in favor of
being inserted in the constitution by
a very small majority. I voted
against submitting that as a separate
proposition because I did not believe
it to be a question involving any
principle but a mere question of ex-
pediency and local interest. But the
question of minority representation
and the question of female suffrage
I propose to submit separately as I
believe a great principle is involved
in both. But this is a question that it
:—McCAXX— STEVENSON [August 12
seems to me is of local application.
I do not recognize it as involving any
principle, and for/ that reason I shall
vote against it.
Mr. SPRAGUE. I voted for this
in the committee of the whole be-
cause it was a matter of principle.
The majority report was adopted
with the express understanding that
the minority report should be sub-
mitted separately, and I hope the
convention will not go back on that
understanding. I do know that a
majority of this convention are
pledged by their votes twice ex-
pressed; and now, sir, if they propose
to go back on that, hereafter I do
not propose to take any understand-
ing, but to fight it through oh that
line.
Mr. McCANN. My motion was
made for the purpose of bringing
the matter before the convention; no
person authorized me to make any
statement for him.
Mr. STEVENSON. Mr. President,
I think if a majority of the people of
the state are against voting bonds to
any corporation, that that majority
should be respected, and I hold if
there is a large minority in this con-
vention that are in favor of submit-
ting this to the people that we ought
to submit it. Now, Mr. President,
voting bonds to railroads is a very
nice thing, and it would be all right
if there would not be so many ad-
vantages taken of the people in vot-
ing these bonds. I hold that we
should look well to this proposition
to submit it to the people, and if a
majority of them say that a county
may vote bonds then let them do it;
for a majority ought to rule.
MUNICIPAL AID TO COKPORATIONS 161
Saturday]
HASGALL— GRAY— MASON
[August 12
These railroad corporations do
not expect to make much in the pres-
ent: they look to the future, and
when they see that by running into
a rich value it will pay in the future,
they will build that road without us
giving them bonds. It is because we
have established that precedent. If
there had never been a bond voted
to a railtoad company I believe we
• would have just as many railroads
today as we have now. I am in favor
of stopping that precedent and for-
ever prohibiting any county from
foolishly running into debt, thereby
causing the inhabitants of that
county to be ground under the bur-
dens of taxation for thirty or forty
years to come.
Mr. HASCALL. Mr. President, I
am satisfied that the members of this
convention unde'rstood from \wliat
passed in the convention that there
was no opposition to its being sub-
mitted as a separate proposition, at
least I had no private or special un-
derstanding with any one how I
would vote on this question. I shall
act upon that question as I have
acted on all others, that where there
is a difference of opinion, a respect-
able minor.'ty should be heard; and
if the people do not want a certain
section it is not right to force it
upon them. I shall certainly vote
against this proposition when it
comes before the people, but hope it
will be submitted as a separate prop-
osition.
Mr. GRAY. Mr. President, I move
the previous question.
The PRESIDENT pro tempore.
Shall the main question be now put?
The ayes and nays were demanded.
The secretary called the roll and
the president announced the result,
yeas 18, nays 21, as follows:
YEAS.
Curtis, Philpott,
Cassell, Reynolds,
Granger, Robinson,
Gray, Stevenson,
Griggs, Stewart,
Kenaston, Scofield,
Lake, Thummel,
Manderson, Tisdel,
Parchen, Towle. — 18.
NAYS.
Abbott, Mason,
Ballard, Moore,
Boyd, Myers,
Eaton, McCann,
Estabrook, Sprague,
Gibbs, ShafC,
Hascall, Thomas,
Kilburn, Vifquain,
Kirkpatrick, Wakeley,
Lyon, Wilson. — 21.
Majors,
ABSENT OR NOT VOTING.
Campbell, Parker,
Grenell, Price,
Hinman, Speice,
Ley, "Weaver,
Maxwell, Woolworth,
Neligh, Mr. President. — 13
Newsom,
So the previous question was not
demanded.
Mr. MASON. Mr. President, the
only thing I would say in respect to
this matter is to refer.
Mr. Chairman, if the reports are
written up, I would like if the re-
porter would read the remarks made
by the gentleman from Otoe and the
gentleman from Douglas in respect
to the submissio'i of the proposition
and the form of submission of the
proposition now proposed to be
passed; and also the remarks of sev-
eral of the gentlemen who have pro-
posed now to defeat the proposition
under consideration, if they can.
162 MUNICIPAL AID TO COEPORATIONS
Saturday]
Mr. IMcCANN. Does the gentle-
man intend to insinuate that I wish
to defeat the proposition?
Mr. MASON. I desire to know
exactly what was publicly expressed
in regard to this proposition. What
any man's vote may be I do not pre-
tend to say. And I might mention
several other gentlemen who ex-
pressed themselves on that occasion.
There was some division in respect
to the form of submitting this prop-
osition. After everyone had ex-
pressed themselves, Judge Wakeley
rose and in a very clear and lucid
manner defined the form of the sub-
mission; and all over the house there
seemed to be a tacit consent. No
m^an rose in his place and publicly
consented that this was to be so;
and a very respectable minority of
this body — no, sir, I may not say a
minority, I might say a majority of
this body, at that time a majority
by cne — took counsel and conceded
that, under safe restrictions, the re-
port of the committe should receive
their approbation. It did so, and in
the light of that discussion, it re-
ceived their approbation. Now, 1
confess that I am a little astonished
this morning when the ayes and nays
are called upon this proposition to
see an effort to defeat it. Why, I
can assure you gentlemen that if we
had known this, as we now know it,
we would have had the major-
ity article in the constitution
we now have. I can assure
gentlemen that if this should
be defeated there are those on
this floor that would feel con-
strained from a sense of duty to
move a reconsideration of the vote
[August 12
by which the main article passed.
There are those of us who believe
that a vital and fundamental prin-
ciple is involved in this question; and
I do not propose now to enter into
that discussion, but simply state it
for the benefit of my friend from
Douglas (Mr. Manderson) who
thinks there is no principle. I say
there are great numbers upon this
floor who believe there is a funda-
mental principle involved, whether
the right exists to take the property
of A by taxation and give it to a
railroad corporation; whether it be
private or public. Believing that
such fundamental right is involved,
there are those who are anxious to
refer this matter to the people for
thier solution. I, for one, believe,
and might so vote at the polls, that
with the restrictions provided in the
majority article, no very considerable
evil can arise to the respective coun-
ties of the state. And I might think
as a matter of policy, if no other
question was involved, that these
counties should be permitted to issue
their bonds under other restric-
tions, and I do not believe, as has
been asserted on this floor, that the
large counties are opposed to this
proposition. Why, sir, in the whole
Douglas delegation, able as it is, I
know of but one man in the. whole
body but what favors the abstract
principles and proposes so to do, and
I think that is the honorable chair-
man at the present time. In my own
delegation I think there is an even
division upon that question as to the
principle involved. In the Nemaha
delegation they stand about the
same. Hence, it is not true that
these river counties desire to defeat
McO ANN— MASON
MUNICIPAL AID TO COEPORATIONS 163
Staurday]
OASSELL— PHILPOTT
[August 12
this proposition, for it is by their
vote that it is carried. Now all we
ask — and we ask this in no threat-
ening attitude — we ask it because we
assure you it was our understanding
in good faith, that this proposition
was to be submitted to the people for
their adoption or rejection. We ask
it because we believe that the peo-
ple, as a whole state, have the sov-
ereign right to pass upon the ques-
tion of whether there is a funda-
mental principle involved here, and
whether the right exists. We ask it
be.'cause in every democratic govern-
ment the source of all power is the
electors themselves. And in this dis-
puted question we desire to call into
requisition the exercise of that
power. We ask it because we be-
lieve that when the people shall have
sanctioned the issue of these bonds it
will vastly increase .the credit of
those which shall be issued, and
greatly enhance their value. If,
when these bonds go into the money
markets of the world it shall be
told them "No," that the proposition
was submitted to the sovereign peo-
ple and receive the [their] sanction,
which I have no doubt it will receive,
it makes your bonds vastly more val-
uable. Those who desire them to is-
sue for railroad purposes, it gives
them character and endorsement be-
cause it has received the sanction
of the whole state; and we ask it be-
cause we think that it was under-
stood by many of us that it was to
be so ordered, and hence we hope
it may be so ordered.
The ayes and nays being demand-
ed the secretary proceded to call the
^roll.
Mr. CASSELL, when his name was
called, said:
Mr. Chairman, inasmuch as I
understand this proposition to be a
compromise on submitting the ma-
jority report in the body of the con-
stitution, and the minority report as
an independent proposition, I shall
adhere to the compromise. While I
am in favor of the former proposi-
tion I do not see any harm in allow-
ing the people to pass upon the mer-
its of these two propositions. I
therefore vote aye.
Mr. PHILPOTT, when his name
was called, said:
Mr. Chairman, in explanation of
my vote I wish to say that as I
now understand the terms of com-
promise, it was the understanding
that both the majority and minority
reports should be submitted. The
majority report to be submitted in
the constitution, the minority report
as a separate article. I desire to
keep faith with all parties on this
floor. Again, in all matters wherein
there is much disagreement among
gentlemen on this floor, it is proper
in my opinion that such subjects
should be presented to the people for
their determination, therefore I vote
aye.
The President announced the re-
sult, ayes 2 9, nays 11, as follows:
Ballard,
Cassell,
Estabrook,
Gibbs,
Granger,
Gray,
Hascall,
Kenaston,
Kilburn,
Kirkpatrick.
AYES.
Myers,
McCann,
Parchen,
Philpott,
Reynolds,
Stevenson,
Sprague,
Scofield,
Speice,
Shaff,
164 MUNICIPAL AID TO COEPOEATIONS
Saturday]
[August 12
Lyon,
Majors,
Mason,
Moore,
Thomas,
Towle,
Vifquain,
Wakeley,
Weaver. — 29.
NAYS.
Manderson,
Robinson,
Thummel,
Tisdel,
Wilson. — 11.
Abbott,
Boyd,
Curtis,
Eaton,
Griggs,
Lake,
ABSENT AND NOT VOTING.
Cambpell, Parker,
Ley, Woolworth,
Newsom, Hinman,
Stewart, Neligh,
Grenell, Price,
Maxwell, Mr. President. — 12
So the motion was agreed to.
The PRESIDENT. The question
will be on its reference to the com-
mittee on revision and adjustment.
Reference agreed to.
Adjournment.
Mr. SCOFIELD. Mr. President,
1 move we adjourn until Monday at
2 o'clock.
Leave of Absence.
, Mr. KENASTON. Mr. President,
I ask leave of absence until Monday
at 2 o'clock.
Leave not granted.
Adjouinment Again.
:\Ir. STEVENSON. Mr. President,
I hope the motion to adjourn until
Monday will not prevail. Those who
live nearby have had an opportunity
to go home every week so far while
we who live at a distance have been
compelled to remain here and do
nothing auring these adjournments.
Mr. President, as we. are so near the
close of the business of this conven-
tion I think it is the duty of those
who live nearby to stay because we
can finish this business up in a few
days. All I ask, and do it on the part
of those who live so far away, is that
you remain this time and let us pro-
ceed with our business, so that we
may all go home. If this convention
adjourns until Monday noon it will
take us until Friday or Saturday to
finish up our work. I do hope these
married men who are always so
anxious to get home will remain this
time.
Mr. McCANN. Mr. President I
will vote with my friend from Cum-
ing (Mr. Stevenson) to keep these
married men here.
The PRESIDENT. I think that if
you propose to work this afternoon
and tonight, our work might be done
today. Then the whole work of the
convention would be in the hands of
the committee on revision and ad-
justment. One of two things ought
to be done — either keep a quorum
or let us adjourn until Monday.
Leave of Absence.
Mr. KIRKPATRICK. Mr. Presi-
dent, I would be glad if the con-
vention would grant my colleague,
Mr. Kenaston, leave of absence until
Monday. He is a preacher and made
an appointment to preach tomorrow,
taking it for granted that the con-
vention would adjourn over Sunday.
Leave granted.
Mr. MANDERSON. Mr. Presi-
dent, I desire to ask leave of ab-
sence for my colleague, General Esta-
brook. There is a "little church
around the corner" where he offici-
ates every Sunday. (Laughter.)
The President did not entertain
the request.
Mr. MASON. Mr. President. T
have no little church and no large
church which calls me away, but I
have a letter in my pocket which re-
GENERAL PROPERTY TAX— LOQUACITY 165
Saturday]
quires my immediate presence at
home. I received it yesterday morn-
ing but staid over from a sense of
duty; but I must be at home tomor-
row. Therefore I ask leave of ab-
sence until Monday at two o'clock.
Leave granted.
Mr. MASON. Before leaving I
have been instructed to present a re-
port which I now ask leave to pre-
sent. "Leave! Leave!"
The report reads as follows:
ARTICLE —
All property, real, personal, and
mixed, and all credits subject to the
jurisdiction of this state shall be
listed and taxed, and the legislature
shall provide by law for carrying
into effect this provision.
Adjournment Again.
Mr. WAKELEY. Mr. President,
as I understand it, the business of
considering articles is almost con-
cluded, there being but a few yet to
consider, although one or two of
these are very important, and as
Judge Mason and Judge Lake have
leave of absence I think it would be
better that we should not take a vote
upon these important questions until
they get back; we should have as full
an attendance as possible. The com-
mittee on revision and adjustment
can get to work to some extent.
While I don't wish to be stubborn
about this matter I believe there are
so many who have leave of absence,
and so many who wish to go home
that we had better adjourn until
Monday. I believe there will be
nothing lost by it.
Mr. BOYD. Mr. President, the
convention has seen fit to excuse
Judge Miason, and as he is one of the
committee on railroad corporations
I would like to have him here when
[August 12
that report is considered. I would
like leave of absence until Monday
at two o'clock.
Mr. STEWART. Mr. President,
it seems to me these gentlemen who
live in Omaha and Nebraska City
have no [more] business to go home
than I have. I think the appeal
made by the gentleman from Otoe
(Mr. Mason) was made for the pur-
pose of bringing about an adjourn-
ment. I believe [that] made by the
gentleman from Douglas (Mr. Wake-
ley) was made for the same purpose.
I think none of these gentlemen who
talk so much have had any very
great influence upon the members
of this body. I don't believe that
these gentlemen are of very much
benefit to this convention. I believe
we can vote just as intelligently
without their talk. I, for one, pay
but little attention to what they say.
Let us get through with the work of
this convention. I am anxious to go
home. If I was satisfied the families
of these talking men could not get
along without them I would be in
favor of their being allowed to go
home; but I believe they can get
along better without them than with
them. (Laughter.)
Mr. STEVENSON. Mr. President,
I see that these gentlemen from Otoe
and Douglas counties have not a
bit of the milk of human kindness in
their breasts for we who are com-
pelled to stay here.
Mr. BALLARD. Once more I will
enter their protest against adjourn-
ment.
Leave of Absence Again.
Mr. EATON. Mr. President,. I
have hesitated a long while before
MASON— WAKELEY— STEWART— STEVENSON
166 ADJOURNMENT, FOfiTY-SECOND DAY
Saturday]
[August 15
getting up. I wish to ask leave until
Tuesday noon. I must go home
whether I get leave or not.
The convention divided, and leave
was granted.
Mr. MANDERSON. Mr. Presi-
dent, I call for the action of the
convention on my motion for my col-
league (Mr. Estabrook) having leave.
The convention divided and leave
was not granted.
Adjoiirninent Again.
The PRESIDENT. The question
is on adjournment until two o'clock
this afternoon.
The convention divided and the
motion was not agreed to.
Mr. HASCALL. I move we ad-
journ until Monday at two o'clock.
The PRESIDENT. The ayes and
nays are demanded. Secretary, call
the roll.
The vote was taken and the re-
sult announced, ayes 19, nays 20,
as follows:
AYES.
Myers,
Parchen,
Philpott,
Robinson,
Scofield,
Shaff,
Vifquain,
Wakeley,
Wilson. — 19.
Boyd,
Cassell,
Eaton,
Estabrook,
Hascall,
Kenaston,
Kirkpatrick,
Lake,
Mason,
Manderson,
Abbott,
Ballard,
Curtis,
Gibbs,
Granger,
Gray,
Griggs,
Kilburn,
Lyon,
McCann,
NAYS.
Majors,
Reynolds,
Sprague,
Stevenson,
Stewart,
Thummel,
Thomas,
Tisdel,
Towle,
Weaver. — 20.
ABSENT OR NOT VOTING.
Campbell, Neligh,
Grenell, Newsom,
Hinman, Parker,
Ley, Price,
Maxwell, Speice,
Moore, Woolworth,
Mr. President — 13
So the motion was not agreed to,
Mr. WAKELEY. I move we ad-
journ until 1:30 o'clock on Monday,
The yeas and nays were demanded.
The secretary called the roll and
the president announced the result,
yeas 25, nays 15, as follows:
YEAS.
Boyd,
McCann,
Cassell,
Parchin,
Eaton,
Philpott,
Estabrook,
Robinson,
Hascall,
Scofield,
Kenaston,
Shaff,
Kilburn,
Thomas,
Kirkpatrick,
Thummel,
Lake,
Towle,
Mason,
Vifquain,
Manderson,
Wakeley,
Moore,
Wilson. — 25.
Myers,
NAYS.
Abbott,
Majors,
Ballard,
Reynolds,
Curtis,
Stevenson,
Gibbs,
Stewart,
Granger,
Sprague,
Gray,
Tisdel,
Griggs,
Weaver. — 15.
Lyon,
ABSENT OR NOT VOTING.
Campbell,
Grenell,
Hinman,
Ley,
Maxwell,
Neligh,
Newsom,
Parker,
Price,
Speice,
Woolworth,
Mr. President. — 12
So the convention (at twelve
o'clock and 20 jninutes) adjourned
BANKS AND CUREENCY
167
Monday]
FORTY-THIRD DAY.
Monday, August 14, 1871.
The convention met at one o'clock
and thirty minutes and was called
to order by the president.
Prayer.
Prayer was offered by the chaplain
as follows:
"Our Father, we thank Thee for
this peaceful assembly. May it please
Thee to bless the convention in all
the duties and privileges of the week.
May the interest of truth suffer no
wrong; may all the defenses of the
state be wisely guarded. Amen."
Reading of the Journal.
The secretary read the journal of
the preceding day, which was ap-
proved.
Reports of Standing Committees.
Mr. REYNOLDS. Mr. President,
your committee on enrollment and
engrossment, to whom was referred
the legislative article, report that
they have examined the same and
find it correctly engrossed.
Leave of Absence.
Mr. CURTIS. Mr. President, I
ask an indefinite leave of absence
after today.
Leave was granted.
Banks , and Currency.
The PRESIDENT. The article on
banks and currency is now on its
third reading and passage. Mr. Sec-
retary, read.
The secretary read as follows:
ARTICLE —
Section 1. No state bank shall
hereafter be created, nor shall the
state own or be liable for any stock
in any corporation, or joint stock
company or association for banking
purposes, now created or hereafter
to be. created.
* No act of the legislature authoriz-
ing or creating corporations or asso-
[August 14
ciations with banking powers,
whether of issue, deposit or discount
nor amendments thereto, shall go
into effect or in any manner be- in
force, unless the same shall be sub-
mitted to a vote of the people at the
general election next succeeding the
passage of the same, and be approved
by a majority of all the votes cast at
such election for or against such law.
Sec. 2. Every stockholder in a
banking corporation or institution
shall be individually responsible and
liable to its creditors over and above
the amount of stock by him or her
held, to an amount equal to his or
her respective stock or shares so held,
for all its liabilities accruing while
he or she remains such stockholder.
Sec. 3. The suspension of specie
payments by banking institutions on
their circulation, created by the laws
of this state, shall never be permitted
or sanctioned.
Every banking association now, or
which may hereafter be organized
under the laws of this state shall
make and publish a full and accurate
quarterly statement of its affairs
(v/hich shall be certified to under
oath by one or more of its officers)
as may be ptovidea by law.
Sec. 4. If a general banking law
shall be enacted it shall provide for
the registry and countersigning, by
an officer of the state, of all bills or
paper credits designed to circulate as
money, and require security, to the
full amount thereof, to be deposited
with the state treasurer, in United
States or Nebraska state bonds, to-
be rated at ten per cent below their
par value; and in case of a deprecia-
tion of saijd bonds to the amount of
ten per cent below par, the bank or
banks owning said stock or bonds
shall be required to make up said de-
ficiency by depositing additional
stocks or bonds; and said law shall
also provide for the recording of the
names of all stockholders in such
corporations, the amount of stock
held by each, the time of any trans-
fer thereof, and to whom such trans-
fer is made.
168
LIABILITY OF STOCKHOLDERS
Monday]
[Augtist 14
The PRESIDENT. This is the
third reading of the article. The
question is, gentlemen, upon its pas-
sage. Those favoring the passage
of the article will, as their names
are called, answer aye, those op-
posed, no. Mr. Secretary, call the
roll.
The secretary called the roll.
The president announced the re-
sult, ayes .
Abbott,
Boyd,
Curtis
Cassell,
Estabrook,
CTranger,
Griggs,
Hascall,
Kilburn,
Majors,
Mason,
Manderson,
Moore,
Myers,
nays 7, as follows:
AYES.
Reynolds,
Stevenson,
Stewart,
Sprague,
Scofield,
Shaff,
Thomas,
Thummel,
Tisdel,
Towle.
W'akeley,
Weaver,
]Mr. President. -
be submitted separately. The sec-
retary will read it now for the third
time.
The secretary read as follows:
Every stockholder in a banking
corporation, company or association,
shall be individually responsible and
liable to its creditors over and above
the amotmt of stock by him or her
held, to an amount equal to twice the
entire amount of his or her respec-
tive stock or shares so held, for all
its liabilities accrtiing while he or
she remains such stockholder.
The PRESIDENT. The proposi-
tion is upon its passage. As many as
are in favor will, as their names are
called, answer aye, those opposed
no.
The secretary called the roll.
[ The president announced the re-
sults, ayes 25, nays 7, as follows:
NAYS.
Lyon,
Yifquain,
Wilson. —
Ballard,
Campbell,
Gibbs,
Kirkpatrick,
ABSENT AND
Eaton,
Hinman,
Ley,
Neli^h.
Philpott,
Grenell,
Kenaston,
:\Iaxwell,
Newsom,
So the article passed, the title was
agreed to, and the article referred to
the committee on revision and ad-
justment.
Separate Proposition.
The PRESIDENT. The next.
This is the proposition attached to
the article on banks and currency,
which it will be remembered was to
NOT YOTING.
Price,
Gray,
Lake,
McCann,
Parchen,
Robinson,
Parker,
Speice,
^^'oolworth. — 1
Ballard,
Curtis,
Campbell,
j Cassell,
Gibbs,
Granger,
I Hascall,
i Kilburn,
Kirkpatrick,
i Lyon,
Majors,
Mason,
Moore,
AYES.
Myers,
Stevenson,
Stewart,
Sprague,
Shaff,
Thomas,
Tisdel,
Towle,
Vifquain,
Wakeley,
Weaver,
Wilson. — 25,
Abbott,
Boyd,
Griggs,
Manderson,
ABSENT AND
Eaton.
Estabrook,
Grenell.
Gray.
Hinman,
Kenaston,
Lake,
Ley.
Maxwell,
McCann,
NAYS.
Reynolds,
Scofield,
Thummel,
NOT YOTING.
Xeligh.
Xewsom,
Parchen,
Parker.
Philpott,
Price,
Robinson,
Speice.
\Yoolworth,
Mr, President,—
20
LEGISLATIVE ARTICLE
169
Monday]
So the proposition passed and was
referred to the committee on revision
and adjustment.
The PRESIDENT. The secretary
will read the legislative article. The
secretary read as follows:
ARTICLE — .
Enumeration and Apportionment.
Sec. 3. The legislature shall
provide by law for an enumeration
of the inhabitants of the state in the
year 1872, and at the end of every
two years thereafter until after the
year 1880, when it shall provide for
an enumeration in the year 1885,
and every ten years thereafter; and
at their first- regular session after
such enumerations, and also after
each enumeration made by the au-
thority of the United States, but at
no other time, the legislature shall
apportion the senators and repre-
sentatives according to the number
of inhabitants, excluding Indians not
taxed and soldiers and officers of the
United States army and navy: Pro-
vided, however, that the legislature,
in making such apportionment, shall
apportion to counties containing
three-fifths of the ratio one repre-
sentative, and all counties having a
surplus of three-fifths of the ratio
shall be entitled to one additional
representative.
Election of Sena^tors.
Sec. 4. Every county having
three-fifths of the number of inhabi-
tants allowed for a senator shall be
entitled to one senator; counties
having one or more senators shall be
allowed one senator for an excess of
three-fifths of tne number of inhabi-
tants allowed for a senator; a county
having the number of inhabitants al-
lowed for a senator, or three-fifths of
that number, shall be a senatorial
district. A county not having the
requisite population for a senatorial
district shall be joined with like
counties and made a senatorial dis-
trict, the population to correspond
with the population in other dis-
tricts, such districts to be comprised
[August 14
of contiguous counties, and as near
as practicable of equal population.
Senate and House of Representa-
tives.
Sec. 5. The first house of repre-
sentatives under this constitution
shall consist of fifty-seven members,
who shall be chosen for one year,
until the year 1873; after that year
the members of the house of repre-
sentatives shall be chosen for two
years.
The first senate shall consist of
nineteen members, who shall be
chosen for two years. After the first
election, the number of senators and
members of the house of representa-
tives shall be regulated by law, but
shall never exceed one hundred rep-
resentatives and thirty-three sena-
tors.
Pay and Mileage of Members.
Sec. 6. Members of the legisla-
ture shall receive for their services
four dollars per day, and mileage at
the rate of ten cents per mile for ev-
ery mile necessarily traveled in going
to and returning from the state cap-
ital.
The speaker of the house shall re-
ceive twice the per diem of members.
Organization cf Legislature.
Sec. 7. The sessions of the legis-
lature shall commence at 12 o'clock,
noon, on the first Tuesday in Jan-
uary, in the year next ensuing the
election of members thereof, and at
no other time, unless as provided by
this constitution.
A majority of the members elect-
ed to each house shall constitute a
quorum.
Each house shall determine the
rules of its proceedings, and be the
judge of the election returns and
qualifications of its members; shall
choose its own officers, and the sen-
ate shall choose a temporary presi-
dent to preside when the lieutenant
governor shall not attend as presi-
dent, or shall act as governor.
The secretary of state shall call
the house of representatives to
order at the opening of each new
170
LEGISLATIVE AETICLE
Monday]
[August 14
legislature, and preside over it until
a temporary presiding officer thereof
shall have been chosen and shall
have taken his seat.
No member shall be expelled by
either house, except by a vote of two-
thirds of all the members elected to
that house; and no member shall be
twice expelled for the same offence.
Each house may punish by impris-
onment any person not a member
who shall be guilty of disrespect to
the house by disorderly or contempt-
uous behavior in its presence; but
no such imprisonment shall extend
beyond twenty-four hours at one
time, unless the person shall persist
in such disorderly or contemptuous
behavior.
Qualifications of Senators.
Sec. 8. No person shall be a sen-
ator who shall not have attained the
age of twenty-five years, and have
been an inhabitant of the state two
years next before his election, and
the last year thereof an inhabitant of
the district for which he shall be
chosen, unless he shall have been ab-
sent on the public business of the
United States or of this state; and no
person elected as aforesaid shall hold
office after he shall have removed
from such district.
Federal and State Officers Ineligible
For Members of the Legislature.
Sec. 9. No person being a mem-
ber of congress, or holding any of-
fice under the United States, or any
lucrative office under the authority
of this state, shall be eligible to or
have a seat in the legislature; but
this provision shall not extend to
postmasters whose annual compensa-
tion shall not exceed $300, nor to
township or precinct officers, jus-
tices of the peace, notaries public, or
officers of the militia. And if any
person shall, after his election as a
member of the legislature, be elect-
ed to congress, or appointed to any
office, civil or military, under the
government of the United States, his
acceptance thereof shall vacate his
seat.
Embezzlement and Defalcation of the
Public Funds a Disqualification
For Holding Office.
Sec. 10. No person who shall be
convicted of the embezzlement or de-
falcation of the public funds of this
state shall ever be eligible to any
office of honor, trhst or profit under
this state; nor shall any person con-
victed of felony exercise the right of
suffrage or be eligible to office, un-
less he shall have been restored to
j civil rights.
A'acancies.
I Sec. 11. The legislature may de-
clare the cases in which any office
' shall be deemed vacant and also the
i manner of filling the vacancy, where
no provision is made for that purpose
in the constitution.
Extra Compensation or AlloAvance.
Sec. 12. The legislature shall
never grant any extra compensation
i to any public officer, agent, servant
i or contractor, after the services shall
! have been rendered, or the contract
entered into; nor shall the compen-
sation of any public officer be in-
creased or diminished during his
term of office.
Impeachment.
Sec. 13. The house of repre-
sentatives shall have the sole power
of impeachment, 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 jus-
tice according to law and evidence.
When the governor of the state is
tried the chief justice shall preside.
No person shall be convicted with-
out the concurrence of two-thirds of
the senators elected; but judgment
in cases 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
impeached shall nevertheless be
liable to indictment and punishment
according to law.
No officer shall exercise his office
after he shall have been impeached
LEGISLATIVE AETICLE
171
Monday]
and notified thereof until he shall
iiave heen acquitted.
Oath of Office.
Sec. 14. Members of the legisla-
ture, before they enter upon their
official duties, shall take and sub-
scribe the following oath or affirm-
ation :
I do solemnly swear (or affirm)
that I will support the constitution
of the United States, and the consti-
tution of the state of Nebraska, and
will faithfully discharge the duties
of senator (or representative) ac-
cording to the best of my ability;
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 influence any vote at the
election at which I was chosen to fill
the said office; and have not ac-
cepted, nor will I accept or receive,
directly or indirectly, any money or
other valuable thing from any cor-
poration, company or person, for
any vote or infiuence I may give or
withhold, on any bill, resolution or
appropriation or for any other offi-
cial act.
This oath shall be administered
by a judge of tne supreme, district
or county court in the hall of the
house to which the member is elect-
ed, and the secretary of state shall
record and file the oath subscribed
by each member.
Any member who shall refuse to
take the oath herein prescribed shall
forfeit his office, and every member
who shall be convicted of having
sworn falsely to, or of violating his
said oath, shall forfeit his office and
be disqualified thereafter from hold-
ing any office of profit or trust in
this state.
Executive Veto.
Sec. 15. 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,
^hall be repassed Dy two-thirds of
[August 14
both houses according to the rules
and limitations prescribed in case of
a bill.
Appropriation Bills to Originate in
The House of Representatives.
Sec. 16. 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 Springs Belonging to the State.
Sec. 17. The legislature shall
never alienate the salt springs be-
longing to this state, but may dis-
pose of the lands connected there-
with or purchase other contiguous
lands for the purpose of developing
said springs, but for no other pur-
pose.
Journal and Proceedings of the
Legislature.
Sec. 18. 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 ques-
tion 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
consent of the other adjourn for
more than three days.
AVords Spoken in Debate.
Sec. 19. No member of the legis-
lature shall be liable in any civil ac-
tion or criminal prosecution what-
ever for words spoken in debate.
Representative Districts.
Sec. 20. Representatives shall be
chosen by districts of convenient
contiguous territory as compact as
may be, to be defined by law.
A county not having the requisite
population to entitle it to a repre-
sentative shall be joined to one or
more like counties and made a rep-
172
LEGISLATIVE AETICLE
Monday]
resentative district. Such district
shall contain the population neces-
sary for a representative, and no
county thereof shall be included in
any other representative district, but
no county shall be divided for the
purpose of attaching a part of its
territory to another county, or part
of a county, in forming a representa-
tive district.
Mode of Organizing the House of
Representatives.
Sec. 21. The mode of organizing
the house of representatives at the
commencement ol each regular ses-
sion shall be prescribed by law.
Printing and Signing Bills.
Sec. 22. 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 resolunons passed by the
legislature.
State Indebtedness.
Sec. 23. The legislature shall
have no power to release or relin-
quish, in whole or in part, the in-
debtedness, liability or obligation of
any corporation or individual to the
state or to any municipal corpora-
tion therein.
Privileges of Members.
Sec. 24. Members of the legis-
lature shall in all cases except trea-
son, felony or breach of the peace, be
privileged from arrest, nor shall they
be subject to any civil process during
the session of the legislature nor for
fifteen days next before the com-
mencement and after the termina-
tion of each session.
Special Legislation Prohibited.
Sec. 25. The legislature shall not
pass local or special laws in and of
the following enumerated cases, that
is to say:
[August 14
For granting divorces;
Changing the names of persons or
places;
Laying out, opening, altering and
working roads or highways;
Vacating roads, town plats,
streets, alleys, and public grounds;
Locating or changing county seats;
Regulating county and township
affairs;
Regulating the practice in courts
of justice;
Regulataing the jurisdiction and
duties of justices of the peace, police
magistrates and constables;
Providing for changes of venue in
civil and criminal cases;
Incorporating cities, towns or vil-
lages, or changing or amending the
charter of any town, city or village,
providing for the election of members
of the board of supervisors in town-
ships, incorporated towns, or cities;
Summoning and impaneling grand
or petit juries;
Providing for the management of
common schools;
Regulating the rate of interest on
money;
The opening and conducting of any
election or designating the place of
voting;
The sale or mortgage of real estate
belonging to minors or others under
disability;
The protection of game or fisn;
Chartering or licensing ferries or
toll bridges;
Remitting fines, penalties or for-
feitures;
Creating, increasing or decreasing
fees, percentage or allowances of pub-
lic officers during the term for
which said officers are elected or ap-
pointed;
Changing the law of descent;
Granting to any corporation, asso-
ciation or individual the right to lay
down railroad tracks, or amending
existing charters for such purpose;
Granting to any corporation, asso-
ciation or individual any special or
exclusive privileges, immunity or
franchise whatever.
LEGISLATIVE ARTICLE
173
Monday]
In all other cases where, a general
law can be made applicable no special
law shall be enacted.
Writs of Election.
Sec. 2 6. The governor shall issue
writs of election to fill such vacancies
as may occur in either house of the
legislature.
Certain Executive Appointments Void.
Sec. 27. No person elected to the
legislature shall receive any civil ap-
pointment within this state from the
governor, the governor and sennte, or
from the legislature, during the time
for which they have been elected, and
all such appointments and all votes
given for any such members for any
such office or appointments shall oe
void; nor shall any member of the
legislature or any state officer be in-
terested either directly or indirectly
in any contract with the state or any
county thereof authorized by any law
passed during the term for which
he shall have been elected or within
one year after the expiration thereof.
Suppression of Vice and Immorality.
Sec. 28. 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,
under any pretence or for any pur-
pose whatever.
Appropriations in Private Bills Void.
Sec. 29. 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
contain no provision on any other
subject.
The salary of any officer shall not
be increased for any term for which
he may have been appointed or
elected.
Specific Appropriations.
Sec. 30. No money shall be drawn
from the treasury except in pur-
suance of a specific appropriation
[August 14
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-
arate resolution.
The auditor shall within sixty days
after the adjournment of each session
of the legislature prepaid etna publish
a full statement of all moneys ex-
pended at such session, specifying tne
amount of each item and to whom
and for what paid.
Necessary Appropriations.
Sec. 31. Each legislature shall
provide for all the appropriations
necessary for the ordinary and con-
tingent expenses of the government
until the expiration of the first fiscal
quarter after the adjournment of the
next regular session, the aggregate
amount of which shall not be in-
creased without a vote of two-thirds
of the members elected to each house,
nor exceed the amount of revenue au-
thorized by law to be raised in such
time; and all appropriations requir-
ing money to be paid out of the state
treasury from the funds belonging to
the state shall end with such 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 moneys thus borrowed
shall be applied to the purpose for
which they were obtained or to pay
the debt thus created and to no other
purpose; and no other debt, ex-
cept for the purpose of repelling in-
vasion, suppressing insurrection or
defending the state in war (for the
payment of which the faith of the
state shall be pledged), shall be con-
tracted unless the law authorizing
the same shall at a general election
have been submitted to the people
and have received a majority of the
votes cast for members of the legisla-
ture at such election. The legislature
shall provide for the publication of
said law for three months at least
before the vote of the people shall be
taken upon the same, and provision
174
LEGISLATIVE ARTICLE
Monday] BALLARD— KENASTON [August 14
shall be made at the time for the pay-
ment of the interest annually as it
shall accrue by a tax levied for the
purpose or from other sources of rev-
enue; which law, providing for the
payment of such interest by such tax,
shall be irrepealable until such debt
be paid; and provided further, that
the law levying the tax shall be sub-
mitted to the people with the law au-
thorizing the debt to be contracted.
Public Credit Not Loaned.
Sec. 32. The state shall never
pay, assume or become responsible
for the debts or liabilities of, or in
any manner give, loan or extend its
credit to, or in aid of any public or
other corporation, association or in-
dividual.
Miscellaneous.
Sec. 33. The legislature shall pro-
vide by law that the fuel, stationery
and printing paper furnished for the
use of the state, the copying, print-
ing, binding and distributing the
laws and journals, and all other print-
ing ordered by the legislature, shall
be let by contract to the lowest re-
sponsible bidder; but the printing
and binding shall be done within the
state, and the legislature shall fix o
maximum price. All such contracts
shall be subject to the approval of
the governor, and if he disapproves
of the same there shall be a reletting
of the contract in such manner as
shall be prescribed by law.
Publication of the Laws.
No act shall take effect until the
first day of July next after its pas-
sage, unless in case of emergency to
be expressed in the preamble or body
of the act, the legislature shall, by
a vote of two-thirds of all the mem-
bers elected to each house, otherwise
direct; nor shall any act take effect
until it shall have been published in
accordance with law.
The PRESIDENT. Gentlemen,
this is the third reading of the article.
Mr. BALLARD. I move to strike
out the word four and insert
"three" in the section referring to
pay of members. (Sec. 6.)
The motion was objected to.
Mr. KENASTON. Mr. President, I
have a proposition which Mr. Max-
well wished me to present for him.
He wanted to have it considered by
the convention, as an amendment
to this article at its proper time.
"That no state officer nor mem-
ber of the legislature shall accept
any gift or gratuity from any per-
son or corporation doing business
under 'the laws of this state during
their term of office."
The proposition was objected to.
The PRESIDENT. The question is
on the adoption of the article. The
secretary will call the roll.
The vote was taken and the re-
sult announced, ayes 31, nays 2, as
follows:
THOSE VOTING IN THE APFIRMA-.
TIVE ARE,
Abbott, Moore,
Ballard, Myers,
Boyd, Parchen,
Curtis, Reynolds,
Campbell, Stevenson,
Cassell, Stewart,
jibbs, Sprague ,
Granger, .Scofield,
Griggs, Shaff,
Hascall, Thummel,
Kenaston, Tisdel,
Kilburn, Towle,
Kirkpatrick, Vifquain,
Lyon, Weaver,
Majors, Wilson. — 31.
Vlanderson,
THOSE VOTING IN THE NEGA-
TIVE ARE,
Thomas, Wakeley. — 2.
THOSE ABSENT, OR NOT VOTING,
Eaton, Neligh,
Grenell, Newsom,
Estabrook, Parker,
Gray. Philpott,
Hinman, Price.
Lake, Robinson,
Ley, Speice,
Mason, Woolworth,
Maxwell, Mr. President. — 19
McCann,
EAILROAD CORPORATIONS 175
Monday] KIRKPATRICK— TOWLE— BOYD—BALLAED--WAKELEY [August 14
So the article was adopted and the
title agreed to.
The PRESIDENT. The question is
on reference to the committe on re-
vision and adjustment.
The motion was agreed to.
Leave of Absence.
Mr. KIRKPATRICK. Mr. Presi-
dent, I ask leave of absence for my
colleague, Mr. Maxwell, indefinitely.
Leave was granted.
Committee of the Whole.
Mr. TOWLE. Mr. President, I
move we now go into committee of
the whole to consider the article on
railroad corporations.
The motion wais agreed to. So the
convention went into committee of
the whole, the gentleman from Otoe
(Mr. Scofield) in the chair.
The CHAIRMAN. The committee
has under consideration the report
of the committee on railroad corpor-
ations.
The secretary read the first sec-
tion, as follows:
Section 1. Every railroad corpora-
tion 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
business, 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
report, 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 be prescribed by law.
And the legislature shall pass laws
enforcing, by suitable penalties, the
provisions of this section.
Mr. BOYD. Mr. Chairman, I
move to strike out in second line the
words "or by the authority of the
general government."
The motion was not agreed to.
Mr. BALLARD. Mr. Chairman, I
move to strike out the section.
The motion was not agreed to.
Mr. BOYD. Mr. Chairman, I
move to insert after the word law,
in ninth line, the words "of the
amount received from passengers on
the road and the amount rec#iived
^or freight thereon and"
The amendment was agreed to.
Section one was adopted.
The secretary read the next sec-
tion, as follows:
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 man-
ner as the personal property of in-
dividuals. And the legislature shall
pass no law exempting any such prop-
erty from execution and sale.
Mr. WAKELBY. Mr. Chairman, I
move to insert the following at the
end of the section:
This section shall not be construed
to affect any mortgage heretofore or
hereafter executed or to make such
property personal property as be-
tween mortgagor and mortagee.
I will explain the amendment. The
section as it reads declares rolling
stock and other movable property of
176
EAILEOAD COEPOEATIONS
Monday] WAKELET-
the railroad company or corporation
to be personal property, and then
states it shall be liable to execution
and sale in the same manner as per-
sonal property. As to the principal
part of that section, I have no ob-
jection, but if this is to be declared
personal property for all purposes
whatever, I ask gentlemen to
reflect upon the consequences and
see if they are prepared to endorse
it. Everybody knows that whenever
a mortgage is given upon a railroad
it is made to include the rolling
stock and appurtenances of the road
as a part of the mortgage, and I sup-
pose it will be very difficult to nego-
tiate railroad bonds secured by a
mortgage of any other description. I
do not know that this section was in- \
tended to prevent it, but with the
broad statement that it shall be con-
sidered personal property, it might
be so construed as *o prevent a rail-
road and its rolling stock and fix-
tures from being mortgaged as real
estate. Every lawyer knows this, that
a mortgage cannot be given upon
personal property which is not in
existence at the time the mortgage
is executed. A mortgage upon per-
sonal property to be acquired in the
future is void, there being nothing
for the mortgage to operate on. This
is the opinion of all lawyers who
have had occasion to examine au-
torities upon that point; but in exe-
cuting a railroad mortgage it is not
only customary, but essential to the
negotiation of railroad security, to
treat the rolling stock as a portion of
the railroad. I see no reason what-
ever for adopting any constitutional
provision which will prevent that
-BALLARD [August 14
from being done and do not suppose
that was the object of the section,
but that [the] purpose was to make
this personal property for ordinary
objects and prevent it from being ex-
empted from execution.
To you, I think this merits serious
consideration. I presume we do not
consider it wise and expedient to
make a provision which would pre-
vent railroad securities from being
negotiated and thus prevent the
building of railroads.
Mr. BALLARD. If your amendment
carries, does it not make a discrim-
ination in favor of railroads that is
not given to anybody else?
Mr. WAKELEY. Mr. Chairman, I
consider it this: that in order to con-
i sider the building of railroads it is
necessary to negotiate railroad
bends secured by mortgage; and any
provision which would prevent a
railroad company — take the Omaha
& Northwestern, the Omaha &
Southwestern railroads — any provis-
ion which would prevent these corpo-
rations from going into the eastern
markets and effecting a loan upon
the security of the road would pre-
vent them from constructing their
road, and thus prevent the commun-
ity from having the advantages of
the road; and I can see no possible
object to be accomplished by 'pro-
hibiting railroad companies from
mortgaging their rolling stock in the
ordinary way in which it has always
been done. I feel entirely clear that
a constitutional provision which
would prevent that would much im-
pair railroads in this state. This pro-
vision will prevent companies from
loaning, although willing, and if so
EAILROAD CORPORATIONS
177
Monday]
it would prevent capitalists from
loaning them money upon railroad
securities. What possible good can
be accomplished to the people or
anybody by a provision of that kind
I am not able to see. I ask gentle-
men to consider this matter and see
if I am right. The language is very
broad:
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 man-
ner as the personal property of indi-
viduals. And the legislature shall
pass no law exempting any such prop-
erty from execution and sale.
I see no objection to making it
liable to execution and sale in the
ordinary way, or prohibiting the
exemption of any such property from
execution and sale; but to make it
personal property for all purposes
and thus prevent railroad mortgages
from including its rolling stock
would prevent the sale of railroad
securities and very much embarrass
railroads in this state.
Mr. "BOYD. Does not the present
law of our state make the rolling
stock and all movable property of
railroads personal property?
Mr. WAKBLEY. I did not examine
'he law, but trusted myself to that.
Mr. THOMAS. If the rolling stock
s considered real estate for the pur-
pose of being mortgaged, and per-
5onal property when an execution is
;o be levied, suppose this rolling
Jtock is not mortgaged and the ex-
icution about to be levied, how
!0uld you sell the property under
:he section subject to the mortgage
irlready upon it?
[August 14
Mr. WAKELEY. Unquestionably
it would have to be sold subject to
the mortgage. If I own a farm sub-
ject to mortgage and the taxes are
not paid the state may sell the farm
for taxes. It cannot effect a sale of
railroad movable property for
taxes. It is entirely immaterial
whether the property is mortgaged
or not.
Mr. ABBOTT. I would ask wheth-
er the railroad lands would also be
included?
Mr. WAKELEY. I do not see how
this section has any application to
land. This section is designed to
make rolling stock of railroad com-
panies personal property. Now my
suggestion is simply this, that it
should be allowed to be treated as
real estate and part of the railroaa
for the purpose of mortgaging the
railroad and its effects and appur-
tenances to raise money for prosecut-
ing the road. I consider it a matter
worthy of some consideration. I have
no interest in it.
Mr. THOMAS. If a man should
have a small judgment against a
railroad company, and suppose an
execution be levied on a car or two,
how could that be sold which was
subject to a mortgage?
Mr. WAKELEY. I do not claim
it could be sold to any advantage or
affect [property] incumbered by the
mortgage. Having made this state-
ment I will be glad to hear from
other members of the convention.
It may be it is wise to make this
provision.
The amendment was not agreed
to.
The second section was adopted.
BOYD— WAKELEY— THOMAS— ABBOTT
178
EAILEOAD CORPORATIONS
Monday] BALLARD—GRIGGS— THOMAS— BOYD [August 14
The chairman read the next sec-
tion, as follows:
Sec. 3. No railroad corporation shall
consolidate its stock, property and
franchises with any other railroad
corporation owning a parallel or com-
peting line; and in no case shall any
consolidation take place except upon
public notice given, of at least sixty
days, to all stockholders, in such
manner as may be prescribed by law.
A majority of the directors of any
railroad corporation now incorpor-
ated, or hereafter to be incorporated
by the laws of this state, shaM be citi-
zens and residents of this state.
Mr. BALLARD. I move to strike
out all after the words, "competing
line," in the second line.
Mr. GRIGGS. It appears to me
that the amendment ought not to pre-
vail. I do not care how many rail-
roads consolidate, provided they do
not run in the same direction. If
they are competing lines I will not
wish them to consolidate, but if they
are competing interests and running
in the same direction, I would be
opposed to this being stricken out.
Mr. THOMAS. It seems to mo
this ought not to be stricken out.
I see no reason for it. It seems to
me that there ought to be some re-
strictions. The part proposed to be
stricken out says, "and in no case
shall any consolidation take place
except upon public notice given at
least sixty days, to all stockholders,
in such manner as may be pre-
scribed by law." Will the gentleman
be willing that such consolidation
take place without any notice at all?
Is not it right to place some re-
stri(;tions upon them? The latter
part of the 9th section most assured-
ly ought to remain. Then the second
part says, "a majority of the 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."
Mr. BALLARD. Perhaps the first
inquiry that arises is, what is the
aim and object of this section: "No
railroad corporation shall consolidate
its stock, property and franchises
with any other railroad corporation
owning a parallel or competing line."
There I propose to stop, and the bal-
ance I propose to strike out. Now my
object is to prohibit a consolidation
of competing lines through this state.
Mr. BOYD. The first two lines do
that. I guess you have mistaken the
idea contained in the section.
Mr. THOMAS. I understand the
first two lines to prevent the consoli-
dation of any competing line, then
the second part goes on, "and in no
case whatever, etc." That is any
other case.
Mr. BALLARD, My second ob-
jection is that these parties must be
residents of Nebraska. I do not
think that is right. I think too much
of railroads to prevent capital coming
in here.
Mr. BALLARD. Mr. Chairman, I
withdraw my amendment.
Mr. THOMAS. There is a mistake,
Mr. Chairman, which the printer has
made in the first line. Where it reads
"and franchises," it should be "or
franchises."
The CHAIRMAN. It will be cor-
rected by general consent.
The CHAIRMAN. The question is
upon the adoption of the section.
The section was adopted.
EAILEOAD COEPORATIONS
179
Monday]
TOWLE— BOYD— MASON
[August 14
The chairman read the next sec-
tion, as follows:
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 all persons for transporta-
tion of their persons and property
thereon, under such regulations as
may be prescribed by law\ And the
Igeislature shall from time to time
pass laws establishing reasonable
maximum rates of charges for the
trar.sportation of passengers and
freight on the different railroads of
this state. The liability, of railroad
corporations as common carriers
shall never be limited, but the same
shall be and remain as fixed by the
common law.
Mr. TOWLE
Mr. Chairman, I
move to strike out the word shall
in the third [ninth above] line, and
insert the word may.
Mr. BOYD. Mr. Chairman, I am
in favor of the amendment of the
gentleman from Richardson (Mr.
Towle). I think that matter had bet
ter be left with the legislature.
Mr. MASON. Mr. Chairman, ]
like this word shall. Benefits and
free passes will bring about the word
may in due time, i
The CHAIRMAN. The question is
upon the amendment offered by the
gentleman from Richardson (Mr.
Towle). The amendment was not
agreed to.
The CHAIRMAN. The question is
upon the adoption of the section.
The section was adopted.
The secretary read the next sec-
tion, as follows:
Sec. 5. No railroad corporation shall
issue any stock or bonds except for
1. Judge Mason was a true prophet. The
friess imperative si.l)s«-!tute was adopted by
the more considerate convention of 3S75.—
ED.
money, labor or property actually re-
ceived and applied to the purposes for
which such corporation was created;
and all stock, dividends and other
fictitious increase of the capital stock
or indebtedness of any such corpora-
tion shall be void. The capital stock
of no railroad corporation shall be in-
creased for any purpose except upon
giving sixty days' public notice in
such manner as may be provided by
law.
Section 5 was adopted.
The secretary read the next sec-
tion, as follows:
Sec. 6. The exercise of the power
and the right of eminent domain shall
never be so construed or abridged as
to prevent the taking by the legisla-
ture of the property and franchises
of incorporated companies already
organized, or hereafter to be organ-
ized, and subjecting them to the pub-
lic necessity the same as of individ-
uals. The right of trial by jury shall
be held inviolate in all trials of
claims for compensation when, in the
exercise of said right of eminent
domain, any incorporated company
shall be interested either for or
against the exercise of said right.
Section 6 was adopted.
Th secretary read the next section
as follows:
Sec. 7. The legislature shall pass"
laws to correct abuses and prevent
unjust discrimination and extortion
in the rates of freight and passenger
tariffs on the different railroads in
this state, and enforce such laws by
adequate penalties to the extent, if
necessary for that purpose, of for-
feiture of their property and fran-
chises.
Section 7 was adopted.
The secretary read the next sec-
tion, as follows:
Sec. 8. All lands in this state here-
tofore granted or that may hereafter
be granted by the United States to
any railroad corporation and to
which any railroad corporation is
180 RAILROAD CORPORATIONS
Monday] YIFQUAIN—HASCALL— BOYD— WAKELEY—CASSELL— MASON [August 14
now or hereafter may become entitled
by the building thereof, shall be sub-
ject to taxation from the time the
same are designated and set apart or
surveyed and set off by the United
States for said corporation.
Mr. VIFQUAIN. Mr. Chairman, 1
move to amend by inserting, in line
3, after the words "shall be," the
words, "assessed at its full value and
be."
Mr. HASCALL. Mr. Chairman,
we have applied a rate of taxation
which applies all over the state. I
see no need of particularizing in this
article.
Mr. VIFQUAIN. My idea is this,
Mr. Chairman. I know one company
in this section which charges exor-
bitant prices for their land. It is
plain they want them out of the mar-
ket. If we would tax the full value
of this land they would be compelled
to sell at lower figures.
Mr. BOYD. Mr. Chairman, I
move to strike out this section, for
this reason, that the fourth line in
the first section of the article on rev-
enue and finance covers the whole
ground. It reads: "Every person
and corporation shall pay a tax in
proportion to the value of his, her, or
its property."
Mr. WAKELEY. Mr. Chairman,
this a matter which was referred
to the special committee consisting
of the judiciary committee and sev-
eral gentlemen in addition. After a
full discussion, the majority of the
committee decided it was not proper
to make special provision for any
corporation or company.
The fundamental rule is that
there shall be but one rule of tax-
ation — that all persons and all cor-
porations shall be taxed alike; and
the committee could not see, and I
can see no reason for any special
provision to apply to lands which
have been donated or are to be con-
veyed to railroad corporations. It
is unquestionably the fact that these
lands are subject to taxation as soon
as the title passes out of the hands
of the United States. I think it is
advisable to strike the section out.
entirely. I believe the legislature
can provide for this matter.
Mr. VIFQUAIN. Mr. Chairman, I
can tell the gentleman from Douglas
(Mr. Wakeley) I have been very often
taxed for lands I did not own or upon
which I did not have any title. I
mean I think the railroads should be
taxed the same. They are entitled to
their lands as soon as they get twenty
miles of their road built, and they
should be taxed.
Mr. WAKELEY. Mr. Chairman, I
did not say the railroad company
should not be taxed on these lands
until they have got their patent; but
it is a question for the courts to de-
cide at what time it ceases to be
United States land and becomes the
lands of individuals or corporations.
Mr. CASSELL. Mr. Chairman. I
hope that this motion will not pre-
vail. We all know that our lands
are not all taxed at their full value,
and I am not in favor of taxing rail-
roads because they are railroads, in
the full value. You might just as
well tax speculators' land and non-
resident at their full value.
Mr. MASON. Mr. Chairmiin. I
believe that railroad lands are taxable
as soon as they have a right to the
land, or such as they can perfect into
181
Monday]
a title when they wish. I go fur-
ther than some gentlemen on this
floor. I claim they are liable to be
taxed from the very hour that they
accepted the grant. The fact that
the B, & M. has never paid taxes
upon their land should challenge the
attention of gentlemen living in the
counties along that line. The ques-
tion is whether we shall place in the
constitution an inflexible rule. There
is one case that this section covers in
the state, that is, the Union Pacific;
but it does not cover the Bur-
lington and Missouri River Railroad;
and I say if the B. & M. has not
paid taxes in the past it has not been
for want of law, but from sheer
neglect of those who should have col-
lected these taxes.
Mr. BOYD. In our present consti-
tution there is a provision which
reads as follows:
"The property of corporations,
now existing or hereafter created,
shall forever be subject to taxation,
the same as the property of individu-
als."
Mr. MASON. The gentleman will
not hurry me. Now, sir, as this does
not cover all the cases in the state as
it is intended to do, it ought to be
stricken out, and I hope that what
has. been said here on this matter
may awaken these persons who
should attend to this to the perform-
ance of their duty. I think that the
whole record of the B. & M. shows
that it is a public robber of the peo-
ple, and I for one am willing to try
and lay our hands on it and make it
help in supporting the revenue of
he state.
The CHAIRMAN. The question is
on striking out section 8.
[August 14
The committee divided and the mo-
tion was agreed to.
The chairman read the next sec-
tion as follows:
Sec. 9. No county, city, town, town-
ship or other municipal corporation
shall ever make any donation to, or
loan its credit in aid of, any corpora-
tion that has received or may here-
after receive a grant of land from the
United States, or to any railroad cor-
poration which has or shall 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.
Section 9 was adopted.
Mr. BOYD. Mr. Chairman, I
move that the committee rise and
report the article back to the conven-
tion, and ask their concurrence in
the amendments of the committee of
the whole.
The motion was agreed to.
Mr. SCOFIELD. Mr. President,
the committee of the whole have had
under consideration the article on
railroad corporations and have in-
structed me to report the same back
with sundry amendments thereto, and
ask the concurrence of the conven-
tion in them.
Mr. STEVENSON. Mr. President,
I move we now take up this article
in convention.
The motion was agreed to.
The secretary read the first sec-
tion as follows:
Railroad Corporations.
Section 1. Every railroad corpora-
tion organized or doing business in
this state under the laws or authority
thereof, or by the authority of ihc
general government, shall have and
maintain a public office or place in
this state for the transaction of its
business, where transfers of stock
RAILROAD CORPORATIONS
BOYD— MASON— SCOriELD— STEVENSON
182
EAILEOAD CORPOEATIONS
Monday]
BOYI>-WAKELEY^MASON
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 places of residence of its
officers.
The directors of every railroad cor-
poration shall annually make a re-
port, under oath, to the auditor of
public accounts, or some officer to
be designated by law, of the amount
received from passengers on the road
and the amount received for freight
thereon, and of all their acts and
doings, which report shall include
such matters relating to railroads
as may be prescribed by law. And
the legislature shall pass laws en-
forcing, by suitable penalties, the
provisions of this section.
Mr. MASON. I move we concur
in the amendments reported from the
commitee of the whole.
The motion was agreed to.
Mr. BOYD. I move to strike out
in the third line the words, "or by
authority of the general govern-
ment."
Mr. WAKELEY. Mr. President,
I wish to say a word before the vote
is taken. My objection to retaining
in this constitution the words which
my colleague (Mr. Boyd) moves to
Strike out is simply this. I do not
believe in putting in our constitution
a provision which will be invalid in
consequence of the confliction be-
tween that law and the laws of the
United States. I suppose it to be
an undoubted principle of law, whero
the United States has the authority
to pass an act, that that act cannot
be changed by any act of any state or
[August 14
territory. When the United States
fixes the place where their business
shall be transacted I don't think that
any good lawyer will stand upon this
floor and claim that the state of Ne-
braska, either by its laws or con-
stitution, can change or modify the
act of congress. I do not believe it
will be claimed here that the state
of Nebraska can say where the stock
of the Union Pacific railroad shall
be invested and their books kept.
If that be so I think all will agree
with me it is manifestly improper to
insert a provision in our constitution
which will be a nullity. I have not
the slightest objection in the world
to any railroad in the United States
being required to establish an office,
do its business, and transfer its stock
in the State of Nebraska, but am
satisfied in my own mind that this
state has no constitutional power to
make a railroad do in this state that
which, by its charter, it is required to
do somewhere else. That is my opin-
ion formed on principle.
Mr. MASON. Mr. President, as
to the legal question involved, I un-
derstand the law to be this: A cor-
poration is an ideal, being created i
either by this state, or by some other
state, or by an act of congress, and I
possesses just such power as is given i
them in the act of creation, that they
are subject to all the legal lawsi
wherever they do business, the same
as a human being. Hence, I argne
that if an agency of the federal gov-
ernment comes to Nebraska to trans-
act its business it must be subject
to the laws of Nebraska the same as
though a corporation was organized
in New York. An insurance com-
EAILEOAD CORPORATIONS
183
Monday] WAKELEY— MASON [August 14
pany, if you please, if it comes to
Nebraska, it must conform to all the
local laws of Nebraska and be subject
to all its provisions. In respect to
this provision it is true no exigency
has arisen which clearly shows that
this is wise, but I could easily imagine
an exigency in which it would be al-
most indispensably necessary. It is
an entirely new theory to me that
the state of Nebraska may, by its
legislative power, create an ideal
being, give it power to act, send it
to Iowa, and that ideal being not
subject to the laws of Iowa. My idea
of a corporation is this: The fed-
eral government may create corpor-
ations, so, also, may the state of Ne-
braska, and these ideal beings
possess just such powers as the or-
ganic law creating them gives them.
When they go abroad to do business
they must be subject to all the local
laws where they do business. It is
true the statute against murder can-
not be enforced because you cannot
I catch the ideal being, for it has got
no body, no soul, and no neck to put
a rope around. It is true you can-
not enforce the law against larceny,
but it is also true that you may en-
orce every legal statute that has any
application to it, and it becomes sub-
ject to all the rules and regulations
of the cyclose (?) where it transacts
its business. It only remains to con-
ider whether this provision be wise.
After mature reflection I see the same
necessities for imposing this duty up-
on the Union Pacific railroad that I
ee for imposing this duty on other
oads. Suppose the time should ever
come, in the future development of
his country and state, when the
same tricks should be resorted to,
and ways that are dark should be ap-
plied, as in the Erie road, would not
it be an important matter that there
should be an office kept where the
iniquity could be unearthed, where
the property rights of your citizens
could be protected? It seems to me
it is important for the citizens of this
state to keep a public office.
Mr. WAKELEY, to Mr. Mason.
In the case of a United States bank,
when the supreme court of the United
States declared it unconstitutional,
did not they rest it solely upon the
ground that it was necessary to
create that bank to carry on the
»tiscal bureaus of the government,
and that they had no right to carry
it on any other principle.
Mr. MASON. What the particular
rule in that discussion was, I do not
know, except to know it was de-
cided. I am not about to
say whether this power was right-
fully exercised by congress or not. I
wish to say here, that if we have
reached that period in our existence
when the congress of the United
States can create an ideal being and
give it just such functions as it
pleases and stalk into this state and
do business without being subject
to the control of our local laws, then,
indeed, sir, we have a being walking
in our midst over and above the law
that may crush the liberties of the
people and take away the prosperity
of the subject. I deny that any such
state of things exists, and I do hold
that this is not a functional power of
government, and whether they have
rightly made this corporation or not,
I care not to discuss, except to say.
184
EAILEOAD CORPOEATIONS
Monday]
that if it was rightly made it was
made in a total lack of wisdom in
many respects.
Mr. WAKELEY. Mr. President,
if the gentleman from Otoe had paid
special attention to the language of
this section, he would find that it is
this: that they shall maintain in
this state an office where transfers
of stock shall be made; that requires,
for instance, that all transfers of
stock in the Union Pacific railroad
shall be made in this state. Now,
does the gentleman seriously think
that this provision will be enforced?
Is there not an act of congress which
allows them to make a principal
place for transacting the business in
any one of several designated cities?
And under that, have they not estab-
lished an office at Boston as a prin-
cipal place of doing business, where
they keep their books, and where
the transfers of stock must be made?
Now, is it competent for this state to
annul that act of congress and com-
pel them to transfer that business to
Omaha? Suppose a man living in
New York has a share of stock in the
Union Pacific railroad company, and
wishes to sell it to a resident of Bos-
ton, he finds the constitutions of five
or six states requiring him to trans-
fer that share of stock in five or six
different places. He cannot transfer
it in Boston upon the books; he is
required to do an impossible thing,
and required to transfer that stock
in five or six different plaoes at the
same time. Now, does my learned
friend hold that this can be done?
Mr. \S()N. I will answer that.
As a legal proposition it can bo done.
Whether it is wise to do it or not is
[August 14
another question. That corporation
started out with just such functional
power as congress gave it. If it liked
to come to Nebraska to do business
it must be subject to all the local
laws of Nebraska. That we ought
not to make laws which would cripple,
or embarrass, or interfere seriously
with its business is true; that we
ought to make such that will pro-
tect our citizens is equally true; but
that we have not the right to do it,
no man will deny. Now, whether
it is wise to do this thing is another
question. I do not know enough
about the order of their business and
what they are doing to see any judg-
ment or wisdom of it, but on the
right to do it I am clearly certain.
Mr. WAKELEY. Well, I would
agree, in the main, that any corpora-
tion, whether created by the state or
general government}, is subject to
our local laws. I do not agree with
him that where the congress of the
United States creates a corporation
as one of the agents for carrying on
the business of the United States and
make certain regulations with re-
gard to it, I do not think the state
of Nebraska has the right to annul
those regulations and —
Mr. MASON. I admit at once, if
it is one of the physical agents of
the federal government and con-
ducting business, we cannot touch
it. 1 admit that, and say it is not.
You say it is. If it is, your law is
good; if it is a physical agency of the
federal government, then my law is
good.
Mr. WAKELEY. That is true, Mr.
President, but the gentleman is a
little mistaken. Judge Dillon's de-
WAKELEY— MASON
EAILROAD CORPORATIONS
Monday]
cision was that the Union Pa-
cific company was an agency of
the federal government. He said
congress had exempted it from
taxation, and that that would
not destroy it for all the purposes
for which it was carried on. My
reason for rising is that it goes
against my judgment of order.
Enough has been suggested here, as
the gentleman seems to admit, which
seems to make it necessary to make
provisions with regard to this cor-
poration, although the act of congress
did allow them to establish such of-
fices at New York and other places,
and they elected Boston, and they
did just what we say they shall do
here. They did it in Boston. We
say they should do it here. I believe
this to be an unnecessary provision,
and I shall vote against it because 1
dislike to see a provision go into our
constitution which I do not think will
be enforced. I see much greater
reason and much clearer power and
right to say that corporations created
by other states shall be required to
do this, than corporations created by
the general government, whose pow-
ers are supreme.
Mr. HASCALL. The constitution
of the United States expressly de-
clares that the constitution and laws
made in pursuance thereof are the
supreme laws of the land. Now, will
any one question but that this law
chartering the Union Pacific
railroad company is constitutional,
and being constitutional, that they
have full control over that com-
pany? They have made laws and
rules to govern that corporation. If
^any further rules are necessary they
[August 14
can pass a law. We are only an in-
tegral part of the United States,
and in reference to matters over
which the United States have
control, the state must not
come in contact. And it does not
appear judicious or wise in us to
place ourselves in antagonism to the
federal government in that respect.
These questions with regard to trans-
fer of stock being all regulated by
their charter, and their transfer of
stock being legal and regular, if they
do it in accordance with the law of
the United States, what right have we
to say a transfer of stock shall be
illegal unless they comply with cer-
tain provisions in our constitution or
powers we should confer upon the
legislature?. We cannot confer such
powers upon the legislature. If it
is a subject over which we have no
control, then certainly we cannot say
it shall be exercised through the
legislature. Therefore, it looks
simple for a constitutional conven-
tion to put a provision of that kind in
the constitution. The Union Pacific
railroad is a road created by the
United States under the authority
of the powers that congress gets from
the constitution of the l^rtited States,
and it is supreme. Why do we under-
take to make innovations upon it?
With regard to corporations created
by our laws, of course we have our
regulations m regard to them, just
a,s congress has in regard to corpora-
tions of its creation.
Mr. ABBOTT. I am in favor of
striking out the words as proposed.
Mr. GRIGGS. I, too, believe it
would not be wise to leave those
words just as they are, and it might
HASOALL— ABBOTT— GRIGGS
186
EAILROAD CORPORATIONS
Monday]
be well to amend by striking out the
words '^general government" in the
second line of the first section, and
insert the words "of any other state."
The PRESIDENT. The question is
upon striking out the words "or by
the general government" in section
one.
The yeas and nays being demanded,
the secretary proceeded to call the
roll.
The President announced the re-
sult, yeas 17, nays 17, as follows:
YEAS.
Abbott,
Majors,
Boyd,
Manderson,
Curtis,
Moore,
Cassell,
Thummel,
Estabrook,
Towle,
Granger,
Wakeley,
Griggs,
Wilson,
Hascall,
Mr. President.-
Kilburn,
NAYS.
Ballard,
Stevenson,
Campbell,
Stewart,
Gibbs,
Sprague,
Kirkpatrick,
Shaff,
Lyon,
Thomas,
Mason,
Tisdel,
Myers,
Vifquain,
Parchen,
Weaver. — 17.
Reynolds,
ABSENT
OR NOT VOTING
Eaton,
Veligh,
Grenell,
Newsom,
Gray,
Parker,
Hinman,
Philpott,
Kenaston,
Price,
Lake,
Robinson,
Ley,
Scofield,
Maxwell,
3peice,
McCann,
Woolworth. — ]
So the motion to strike out was
not agreed to.
Mr. MASON. Mr. President, I
move to amend by inserting after the
word thereof, the words "or any
other state."
[August 14
Mr. BALLARD. Mr. President,
I would say that the Sioux City &
Pacific railroad is a corporation cre-
ated by the laws of Iowa. I want
to see something that will catch them.
The PRESIDENT. The question is
upon the amendment of the gentle-
man from Otoe (Mr. Mason).
The amendment was agreed to.
The PRESIDENT. The question
recurs upon the adoption of the sec-
tion.
The convention divided, and the
section was adopted.
The secretary read the next sec-
tion as follows:
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 man-
ner as the personal property of in-
dividuals. And the legislature shall
pasS' no law exempting any such
property from execution and sale.
Mr. WAKELEY. Mr. President,
I offer an amendment to be added to
the end of the section.
The secretary read the amendment
a«^ follows: "But this section shall
not be construed to affect the char-
acter of any property as between
mortgagor and mortgagee."
Mr. WAKELEY. Mr. President,
I will only say, in support of this
amendment, that I consider that this
section will seriously embarrass rail-
road corporations. I call for the
yeas and nays upon this, that 1 may
place myself right upon the record.
The secretary proceeded to call
the roll.
The president announced the re-
sult, yeas 13. nays 21, as follows:
MASON— BALLARD— WAKELEY
EAILROAD CORPORATIONS
187
Monday]
YEAS.
Abbott,
Reynolds,
Boyd,
Stewart,
Estabrook,
Thummel,
Griggs,
Wakeley,
Hascall,
Weaver,
Majors,
Wilson. — 13.
Manderson,
NAYS.
Ballard,
Moore,
Curtis,
Myers,
Campbell,
Parchen,
v^asssii,
Qf ovtfiin c!r»n
OLt/ vt:?ij.o^jii,
Gibbs,
Sprague,
Shaff,
Kenaston,
Thomas,
TCil Im rn
Tisdel,
PCirlrnfl triolf
XVXX ZVJ^C^UX X^A.,
Towle,
Lyoii,
Vif quain. — 2 1
Mason,
ABSENT
OR NOT VOTING.
Eaton,
Newsom,
Lrrtintill,
Gray,
^hilpott,
Hinman,
Price,
Lake,
Robinson,
Ley,
Scofield,
Maxwell,
Speice,
McCann,
Woolworth,
Neligh,
Mr. President.
So the
amendment was
adopted.
The PRESIDENT. The question is
upon the adoption of the section.
The section was adopted.
The secretary read the next sec-
tion, as follows:
Sec. 3. No railroad corporation shall
consolidate its stock, property and
franchises with any other railroad
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 days, to all stockholders, in
such manner as may be prescribed by
law. A majority of the directors of
any railroad corporation now incor-
porated, or hereafter to be incorpor-
ated by the laws of this state, shall
be citizens and residents of this
state.
[August 14
Section 3 was adopted.
The secretary read the next section
as follows:
Sec. 4, Railways heretofore con-
structed in this state are hereby de-
clared public highways, and shall
be free to all persons for the trans-
portation of their persons and prop-
erty thereon, under such regulations
as may be prescribed by law. And
the legislature shall from time to
time pass laws establishing reason-
able 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.
The section was adopted.
The secretary read the next sec-
tion, as follows:
Sec. 5. No railroad corporation shall
issue any stock or bonds except for
money, labor or property actually re-
ceived and applied to the purposes for
which such corporation was created;
and all stock, dividends and other fic-
titious increase of the capital stock
or indebtedness of any such corpora-
tion shall be void. The capital stock
of no railroad corporation 3hall be
increased for any purpose except up-
on giving sixty days' public notice
in such manner as may be provided
by law.
Section 5 was adopted.
The secretary read the next section
as follows:
Sec. 6. The exercise of the power
and the right of eminent domain shall
never be so construed or abridged as
to prevent the taking by the legis-
lature of the property and franchis-
es of incorporatd companies already
organized, or hereafter to be organ-
ized, and subjecting them to the pub-
lic necessity the same as of individu-
als. The right of trial by jury shall
be held inviolate in all trials of claims
for compensation when in the exer-
188
STATE BOUNDARY
Monday]
cise of said right of eminent domain,
any incorporated company shall be in-
terested either for or against the ex-
ercise of said right.
Section 6 was adopted.
The secretary read the next sec-
tion, as follows:
Sec. 7. The legislature shall pass
laws to correct abuses and prevent un-
just discrimination and extortion in
the rates of freight and passenger tar-
iffs on the different railroads in this
state, and enforce such laws by ade-
quate penalties to the extent, if nec-
essary for that purpose, of forfeiture
of their property and franchises.
Section 7 was adopted.
The (Secretary read the next sec-
tion, as follows:
Sec. 8. All lands in this state here- |
tofore granted or that may hereafter I
be granted by the United States to any
railroad corporation and to which any
railroad corporation is now or here-
after may become entitled by the
building thereof, shall be subject to
taxation from the time the same are
designated and set apart or sur\'eyed
and set off by the United States for
said corporation.
The PRESIDENT. The recommen-
dation of the committee of the whole
i« to strike out this section.
.Mr. BOYD. I move the conven-
tion concur in the recommendation
of the committee.
The motion was agreed to and sec-
tion 8 was stricken out.
The secretary read the next section,
as follows:
Sec. 9. No county, city, town, town-
ship or other municipal corporation
shall ever make any donation to, or
loan its credit in aid of, any corpora-
tion that has received or may here-
after receive a grant of land from
the Unitd States, or to any railroad
corporation which has or shall iiere- 1
after construct a road in whole or |
in part from the proceeds of land i
[August 14
grants made or hereafter to be made
to any corporation or company by the
United States.
The convention divided and sec-
tion 9 was adopted.
The PRESIDENT. The question
is on engrossment of this article for
a third reading.
The motion was agreed to and
the article was ordered engrossed.
Miscellaneous Subjects.
Mr. MYERS. Mr. President, I
move that the convention go into the
committee of the whole on the report
of the committee on miscellaneous
subjects.
The motion was agreed to.
I Comniitteo of the Whole.
So the convention in committee of
the whole — Mr. Campbell in the chair
— proceeded to consider the report of
the committee on miscellaneous sub-
jects.
The chairman read the first sec-
tion, as follows:
BOUNDARIES.
Section 1. The state of Nebraska
shall consist of all the territory in-
cluded within the following bound-
aries, to-wit:
Commencing at a point formed by
the intersection of the western bound-
ary of the state of Missouri with the
fortieth degree of north latitude, ex-
tending thence due west along said
degree of north latitude to a point
formed by its intersection with the
twenty-fifth degree of longitude west
from Washington; thence north along
the twenty-fifth degree of longitude
to a point formed by its intersection
I with the forty-first degree of north
latitude; thence west along said for-
ty-first degree of north latitude to a
point formed by its intersection with
the twenty-seventh degree of longi-
j tude, west from Washington; tluMUM*
I north along said twenty-seventh de-
igree of west longitude to apointform-
BOYD— MYERS
1
STATE BOUNDARY
189
Monday]
ed by its intersection with the lorty-
third degree of north latitude; thence
east along said forty-third degre of
north latitude to the Keya Paha river;
thence down the middle of the chan-
nel of said river with its meanderings
to its junction with the Niobrara riv-
er; thence down the middle of the
channel of said Niobrara river, and
following the meanderings thereof, to
its junction with the Missouri river;
thence down the middle of the chan-
nel of said Missouri river, and fol-
lowing the meanderings thereof, to the
place of beginning; and all the terri-
tory included within said boundary
lines at the time of the admission of
said state of Nebraska into the Union:
Provided, the boundaries of the state
may be enlarged, with the consent of
congress and the legislature.
Mr. TOWLE. I move the adoption
of the section.
Mr. MASON. Mr. Chairman, I
would like to ask if this is the same
boundary as set forth in the old con-
iStitution? "It is." Then I would
like to know just what this means,
"following the meanderings of the
Missouri river." Does it mean as it
was at the time of the United States
survey, or as it is now? There is
certain land in Nemaha county that
was on this side, but today is on the
opposite side of the river. It strikes
me that this would leave that out.
Mr. HASCALL. Mr. Chairman, I
think the fault is in the printed copy
of the article. It was intended by the
committee to include all that terri-
tory that was included in the state at
the time of its admission into the
union.
Mr. MASON. That don't get rid
of the difficulty. You say you will
take that, but suppose a person was
arrested for a crime committed there
by the authority of the state of iowa.
[August 14
what state will have the jurisdiction?
Mr. HASCALL. Well, that ques-
tion may bother the supreme court,
but I don't think it will trouble this
convention. That line would be a
matter of testimony. The question
would arise, where was this line? The
the middle of the channel, at the time
of the admission of the state into the
union. It was then a fixed line upon
the face of the earth and that line
does not change with the changes of
the Missouri river. We lose no ter-
ritory that belonged to the state at
the time of its admission into the
union.
This is a question as to where the
boundary was at the time it was fixed,
and I claim it does not change be-
cause that happens to be the center
of a river; it is just as fixed as though
it was on land because there is land
beneath.
Mr. MASON. Mr. Chairman, I rise
to say, that if I, or any gentleman in
this convention knew just in what lan-
guage to define the boundaries of
this state, it would be well so lo do.
The committee of which I had the
honor to be chairman, and among
which were some very good lawyers,
first considered this question of
boundaries, and it was pretty gener-
ally agreed that there was not wisdom
enough there assembled to speak ac-
curately of the boundaries of the
state, owing to the changing in the
Missouri river; and all will agree we
had better say nothing than make the
slightest mistake in this regard.
Mr. ESTABROOK. Mr. Chairman,
at the opening of this convention ^
suggested the propriety of having a
committee on boundaries. At that
TOWLE— MASON— HASOALL—ESTABROOK
190
STATE BOUNDARY
Monday]
time we had become so prone to fol-
lowing Illinois, that because she had
her boundaries fixed and needed no
such committee, we did not need one.
I am of the opinion today the bound-
aries of our state go to the center of
the main channel of the Missouri
river. In fixing these boundaries, the
states desire that rivers shall become
boundaries, and shall be specified as
such, so as to let them out into nav-
igable waters. It is a convenient
boundary, and is thought very desir-
able. I think if we follow that
boundary we shall be safe, and the
question may be one of law, what
shall be its boundaries; but if we
admit any other section than this,
why it would be a fact that Iowa
would be absolutely cut off from the
river, and so would Nebraska.
Mr. MASON. Why not say the
boundary shall be as defined by the
enabling act on a certain date?
Mr. ABBOTT. I move to strike this
out.
Mr. THOMAS. It seems to me we
cannot put anything in our constitu-
tion in reference to boundaries. We
could not do it in committee. We
found that in many states they did
not define their boundaries? The
change of the channel of the river
does not change the boundary of the
state. Now, there was a bend of the
river a little north of Peru, Nemaha
county, a few years ago; [but it] cut
through and gave a little into Iowa,
leaving an island. The people on that
island are i)aying taxes in Nemaha
county. It seems to me the bound-
aries already established should re-
main. I am in favor of the motion to
strike out.
[August 14
Mr. GRIGGS. I hope we will
strike out this section.
Mr. BALLARD. I hope not. Gen-
tlemen will want to look at this in-
strument in a few years to know
where the boundaries of the state
are. We shall soon have about seven-
teen miles of Iowa in Nebraska up
at Desoto. It only lacks a quarter
of a mile of it. I think it is need-
less and foolish to talk about this
thing. Let us do as Iowa has done.
Mr. TOWLE. As far as I am con-
cerned, i can tell where I am; per-
haps the gentleman from Washing-
ton (Mr. Ballard) cannot do that
without the constitution. I am in
favor of striking out the section. I
believe if there are any rights, they
are already defined and already
vested under the enabling act of the
state constitutions of Iowa, Missouri
and Nebraska. It appears to me that
the boundary of this state and that
of Iowa, as far as regards the Mis-
souri river, would be the same as
they were, provided that the two
states belonged to private persons.
It would be decided entirely by the
courts. And I take the view of the
gentleman from Douglas (Mr. Esta-
brook) that, if we fix it according
to the old constitution, we might
find ourselves some day without any
river navigation at all, or one part
with and the other without. I think
we should strike out the section.
Mr. ROBINSON. I hope this sec-
tion will not be struck out. It
should be left as defined by the act
of congress. It has been regarded
as a great difficulty in the courts
to define the boundary of the Mis-
souri river.
MASON— ABBOTT— THOMAS— GT?IGGS—BALLAED— TOWLE—
ROBINSON
STATE BOUNDARY
191
Monday]
ESTABROOK—HASCALL— STRICKLAND— WAKELET
[August 14
Mr. ESTABROOK. I think it
would be one of the most cowardly
transactions we have been guilty of
if we refuse to define our own boun-
dary. Here we have the Missouri
river washing in our favor all the
while. If we do not establish our
own boundary, who will do it for
us?
The committee divided and the
motion to strike out was not
agreed to.
Mr. HASCALL. Mr. Chairman, I
offer this as a substitute.
The chairman read the substitute
as follows:
"The boundaries of the state of
Nebraska, as they existed at the time
of the admission of the state into
the union, shall be and remain the
boundaries of the same except as
changed by law of the United
States, with the consent of the state,
and except any such enlargement of
said boundaries as may be made by
the cession of territory that shall be
accepted by the state."
The substitute was not agreed to.
Mr. STRICKLAND. Mr. Chair-
man, the truth is that congress has
given us, and the state legislature
has accepted a strip of land a mile
long, within the last year. If we
adopt this section we lose this ac-
quisition. I think this would be a
very foolish act upon our part.
Mr. WAKBLEY. Mr. Chairman,
I do not understand that the state
has a right to fix its boundaries. I
suppose that no gentleman will claim
that the state of Nebraska has a
right to fix the boundaries of the
state of Iowa, or other states which
join us. Neither do I think the state
can leave out what is properly a part
of the state. This has always been
regarded as being covered by a pro-
vision in the constitution of the
United States which reads: "New
states may be admitted by act of
congress into this union, but no new
states shall be formed or erected
within the jurisdiction of another
state, nor no state be formed by the
junction of two or more states or
parts of states, without the consent
of the legislatures of the states con-
cerned, as well as that of congress."2
I suppose there can be no doubt
but that the act of congress admitting
this state into the union defined our
boundaries, and if we adopt bounda-
ries which conflict with these bound-
aries fixed at that time, I have no
doubt our constitutional provision, as
far as that is conct;rned, will be void.
I don't think that if we fix bounda-
ries which would leave upon the Iowa,
side a certain portion of land which
belongs — it would not be valid. It
seems to me that if we can fix our
boundaries so that they will coincide
with the boundary line which was es-
tablished at the time of our admission
into the union, there could be no
harm in fixing them, but if these
lines do conflict, our provision would
be of no effect. The enabling act de-
fined our eastern boundary as the
main channel of the Missouri river;
today we pass a provision defining
the same line, but the main channel
of the Missouri is not now at the
2. This is misquoted. CoiTectly it is:
New states may be admitted by the con-
gress into this union, but no new state shall
be formed or erected within the jurisdiction of
any other state nor any state be formed by
the junction of two or more states, or parts
of states, without the consent of the legis-
latures of the states concerned, as well as of
the congress — .ED.
192
STATE BOUND AEY
Monday] ESTABROOK—WAKELEY—S PRAGUE— MAJORS— STRICKLAND [August 14
same place it was then. Which
would be the line?
Mr. ESTABROOK. Is not this the
fact, Judge, that wherever you find
the main channel of the Missouri
river, you find the boundary of the
state?
Mr. WAKELEY. That is a conun-
drum I am unable to answer, but if
it is true that the enabling act fixes
the main channel of the Missouri as
our eastern boundary is it necessary
to fix the boundaries in our constitu-
tion? That, sir, is a question which
will have to be tried in the courts
of this state, and perhaps in the
United States courts. We cannot, by
our constitution, take what belongs
to the state of Iowa, neither can we
throw off what belongs to us. I be-
lieve the safer way is to leave the
matter to the courts to decide. I
think that the boundaries should be
defined in the constitution of a state
where the lines can be clearly defined.
As my friend from Washington (Mr.
Ballard) says, I would be glad to be
able to see just what the boundaries
of our state are by looking at the con-
stitution, and if there was no diffi-
culty about it, I would be glad to
put it in.
Mr. SPRAGUE. Mr. Chairman,
this question has already been in our
courts. There was a murder com-
mitted on an island in the Platte
river lying between the counties x)f
Sarpy and Cass. The case came up
for trial before Judge Streeter, un-
der our territorial government, and
he held that Cass county had juris-
diction of the case, because, at the
time our boundaries were established
by the government, the line of Cass
county, being the channel of the riv-
er, was on the north side of the is-
land, although at the time the crime
was committed the channel was on
the south side. Another case of a
similar character was decided by
Judge Lake. Cedar Island, which lays
[lies] in the Platte between Sarpy and
Cass, had been taxed by both counties,
and the judge held that the island
was in Sarpy county, because at the
time of the formation of the state
it was in that county, as he did not
consider that the change in the chan-
nel of the river did not (?) change
the boundary lines of the counties. I
say that if you can cut off half a mile
by the change of a river, you can cut
off half a hundred. Suppose the
Missouri should cut around this town
of Lincoln, would all the country
which now lies between this point
and the present channel of the river
become a part of Iowa? This is an
extreme case, I will admit, and one
which will not happen, but the prin-
ciple involved is the same as though
only half a mile were cut off. I hold
that you cannot change the boun-
daries of a state by the changes in
the channel of a river. I believe
it would be better to have the section
stricken out.
Mr. MAJORS. Mr. Chairman, I
move the committee rise, report prog-
ress, and ask leave to sit again, mak-
ing this the special order for Wed-
nesday afternoon.
The motion was not agreed to.
Mr. STRICKLAND. Mr. Chairman,
I will not detain the committee but
one moment. It seems to me iheie
is about three propositions. First,
STATE BOUNDARY
193
Monday]
ESTABROOK— STRICKLAND— THOMAS— TOWLE— BALLARD—
HAS O ALL— KIRKPATRIOK
[August 14
whether we will define the boundary
at all or not; and, next, whether, if
we do, will that fix the matter? It
seems to be the opinion of Judge
Wakeley and others that to pro^ade
some such substitute as offered by
Mr. Hascall would be the proper one.
We would then have the boundary as
it was when we were admitted as a
state.
Mr. ESTABROOK. The boundary,
as it was then, was the middle of the
Missouri river. Is it that yet?
Mr. STRICKLAND. No, sir. Un-
der that we have all of the territory
we ever did have and that which was
added by the act of congress since.
Mr. THOMAS. Mr. Chairman, I
desire to offer a substitute for the
section. It seems to me that this is
all we need: The boundaries of this
state shall be as heretofore estab-
lished."
Mr. TOWLE. I move the adop-
tion of the substitute.
Mr. BALLARD. Mr. Chairman,
before that question is put, I would
like to ask the convention if some
gentleman from New York would
meet a member of this convention on
the street after he goes home and
says to him, "Was not you a member
of the constitutional convention?"
you say, "Yes, sir." "What are the
boundaries of the state?" "As here-
tofore established?" "What is
that?" "I don't know."
Mr. THOMAS. Can the gentleman
tell where the boundary of the state
is now?"
Mr. BALLARD. I say it is the mid-
dle of the Missouri river and always
will be, unless this convention is
green enough to change it.
Mr. THOMAS. Well, then, under
that theory we would lose a large
piece of land which is cut off from
Nemaha county and thrown over into
Atchison county, Missouri, land hav-
ing valuable improvements on it, a
mill and several houses.
Mr. HASCALL. Mr. Chairman, I
have an amendment to offer, to add
"but the boundaries may be enlarged
by act of congress."
Mr. KIRKPATRIOK. Mr. Chair-
man, I think if this convention will
consider this report it will find that
it is all right. In the first place this
state, I say, has no right to fix or
change these boundaries without the
consent of other bordering states and
the government of the United States.
This simply reiterates the description
of the boundaries as they were at the
time of the admission of the state into
the union, and then has a saving
clause to include all territory annex-
ed since that time. This would es-
tablish it just the same as the substi-
tutes offered by the gentleman from
Douglas and the gentleman from Ne-
maha would. But, sir, it is of very
little use to put this into the consti-
tution at all, for the boundaries have
been established by act of congress,
and by our former constitution.
I would think it very pernicious
to our interests to adopt this amend-
ment because this fixes it where it
v/as when we were received as a
state instead of where it is now. If
this be adopted we shall assent to
the proposition [that] it shall be where
it used to be. I suppose it is quite
possible sometime or other commis-
sioners will have to be appointed to
194
STATE BOUND AEY
Monday]
settle the boundaries of this state,
and in that event I would deem it a
matter of great importance that we
have asserted out rights [to] just ex-
actly what is embraced in the area
bounded by these main channels. I
say it is not law to define any bound-
ary except the main channel of the
Missouri river. Wherever it may go,
you follow it.
Mr. MASON. Mr. Chairman, sup-
pose, by some great convulsion of na-
ture, some great and unnatural flood
in the Missouri river cut its path
down the valley of the Little Blue.
I say the boundary of the state would
not follow. What I wish to say is
this. Every step I take in this mat-
ter I am getting from darkness into
grosser darkness, and while we are
groping in the darkness, is it safe to
write anything when there is no ne-
cessity? I think not. Let us strike
this out; there is no imperative ne-
cessity requiring it. If we cannot
speak to the satisfaction of the legal
minds of this convention, why we had
better not go into darkness in this
matter. I am not prepared to say
what the boundary of this state is.
It needs a thorough, searching, legal
investigation. Where there is such
a great difference of opinion,! think
the section should be stricken out.
Mr. HASCALL. Mr. Chairman, as
all are aware, there is a corner of
this state taken by Colorado, and con-
gress has a right to cede us that cor-
ner, and the state has a right to ac-
cept it. I have embodied my idea of
it in this which I will read:
"The boundaries of the state of
Nebraska, as they existed at the time
of the admission of the state into the
[August 14
union, shall be and remain the boun-
daries of the same, except as changed
by a law of the United States with
the consent of the state and except
any such enlargement of said boun-
daries as may hereafter be made by
the cession of territory, that shall be
accepted by the state."
There can be no mistake in this
respect, for the reason that when we
were admitted in the union, we were
admitted with a constitution defin-
ing the boundaries, and they are con-
tained in the constitution as pub-
lished in our session laws. If we
say they shall remain as they ex-
isted at the time we were admitted
into the union, if there are any
doubts what were those boundaries,
we have plenty of time to ascertain
it through the courts or by proper in-
vestigation.
There is no question about that.
Well, then, what changes have our
boundaries undergone since that
time? Only one. And that was the
one wrought by an act of congress
which was acquiesced in by this state.
And those boundaries changed the
original boundaries contained in our
constitution. The other proposition
is that if additional territory is added
to the state by cession, of course,,
then our boundaries shall be as con-
tained in that respect.
Mr. ESTABROOK. The constitu-
tion of Iowa makes, as does ours, the
western boundary of that state the
middle of the main channel. Now
there were times in our history when
that might have changed six miles.
Mr. HASCALL. If the river oppo-
site Nemaha county has taken in a
township and thrown it on that side
of the river, it still remains a part of i
MASON— HASCALL— ESTABROOK
ANTI-DUELING
195
Monday]
MASON
[August 14
Nebraska, for the reason that we
had jurisdiction over it when con-
gress admitted us into the union, and
the people upon that island are now
voting in this state and paying taxes,
too, and we have full jurisdiction,
notwithstanding that you have to
cross in a ferry boat to reach them.
We cannot lose this country in Nema-
ha county. Gentlemen may talk
about this right of ownership of indi-
viduals to land, but I claim that that
law is not applicable to this case. I
claim that at the time our bounda-
ries were defined that was so fixed
and no violations can change it. It
was a fixture, and it will remain there
for all time unless it is changed by
some act of the state of Nebraska, or
acquired from us by some other
known recognized mode.
Mr. MASON. I move that when the
committee rise, it report this section
back to the house, with the several
amendments added thereto, and rec-
ommend that it be referred to the
committee on judiciary.s
The motion was agreed to.
The chairman read the next section
as follows:
Sec. 2. Any inhabitant of this
state who shall hereafter be engaged
in a duel, either as principal or sec-
ond, or who shall send or accept, or
knowingly be the bearer of, a chal-
lenge to fight a duel, or shall aid or
I assist, or in any manner encourage
j dueling, any person so offending shall
forever be disqualified as an elector
3. It is surprising that none of the many
lawyers who were members of the convention
was farriliar with the well settled principle
of riparian boundaries. The principle was
elaborately defined in an opinion of the su-
preme court of the United States, issued
February 29. "1892, in the case of Nebraska vs.
Iowa. In 1877 the Missouri river suddenly
"cut through the neck of the oxbow," above
Omaha, and the question at issue was
whether this sudden change of the channel
changed the status of the territory thus cut
off from the main land. In the course of the
opinion Justice Brewer said:
"It is settled law that when grants of land
border on water, and the banks are changed
by that gradual process known as 'accretion,'
the riparian owner's boundary line remains
the stream, although during the years, by
this accretion, the actual area of his posses-
sions may vary. It is equally well settled
that where a stream, which is a boundary,
from any cause, suddenly abandons its old
and seeks a new bed, such change of channel
works no change of boundary; and that the
boundary remains as it was, in the center
of the old channel, although no water may
be flowing therein. The result of these au-
thorities puts it beyond doubt that accre-
tion on an ordinary river would leave the
boundary between two states the varying
center of the channel and that avulsion
[the sudden change of the channel] would es-
tablish a fx^ci boundary, to wit, the center
of the abandoned channel."
It was contended in this case that, on ac-
count of its swift flow, which causes extra-
ordinarily rapid shifting of its channel without
avulsion, the Missouri river should be ex-
cepted from the rule of accretion, so that
the boundary should in no case vary with
the thread of the stream; but the court re-
fused to establish such an exception.
Haseall was entirely ignorant of the rule;
Thomas and Lake only took the avulsion
view, evidently not knowing the more com-
mon rule of accretion; while Estabrook and
Kirkpatrick recognized accretion alone.
The strip of land a mile long which Strick-
land said congress had given to the state,
"within the last year," lies in Dakota county,
between Dakota City and the present chan-
nel of the river on the north. It is about
two miles and a half long, north and south,
and a mile and a half wide. The river left
its oxbow course which embraced this tract
in 1869, and cut directly across its neck.
Since that time most of the old channel has
been occupied by an ox^ow-shaped body of
water about six miles long called Crystal
Lake. Eecently water has been let in from
the river to replenish it. Fine groves of
forest trees grew up within the enclosure
which, after the cut-oft", became almost an
island, and there are now several farms
within it. An act of congress of April 28.
1870, re-defined the boundary line between
Dakota and Nebraska, as follows: "Com-
mencing at a point in the center of said main
channel, north of the west line of section
twenty-four in township twenty-nine north, of
range eight east of the sixth principal me-
ridian, and running along the s.ame to a
point west of the most northerly portion of
fractional section seventeen, of township
twenty-nine north, of range nine east of said
meridian (United States Statutes At Large,
V 16 p. 93). By the act of February 9,
1871, 'the Nebraska legislature accepted the
addition and attached it to Dakota bounty.
(Laws of Nebraska, 1871, p. 131.)— ED.
196
ANTI-DUELING
Monday]
MASOX— ESTABROOK
[August 14
and from holding any office under
,the laws of this state, and shall be
punished in addition in such manner
as shall be provided by law.
Mr. MASON. I move to strike out
the section, and I desire to state my
reasons therefor. Not, sir, but that
I believe that this is a wise provis-
ion, but it looks as though we were
just emerging from that condition of
barbarism that has long since ceased
to have recognition in the northern
states of this union. Now, our crimi-
nal statutes contain a section like
this, differing only in one thing. I
might say differing in nothing, and
this should be left to the criminal
statutes. It seems to me it would be
just as reasonable to put a provision
in the constitution against murder.
I consider that he who challenges, or
bears a challenge, deliberately, is
guilty of murder. It seems to me we
do not want to put a provision in this
constitution that murder should be
considered a crime. It is well known
that ever since the state was organ-
ized -the first session of the leg:s-
latuie, in 1 855, adopted an Iowa pro-
vision on this subject. Until that was
repealed in 1857, till the legislature
met in 1858, we had no other penal
statutes but that. Later, in 185 8,
precisely this provision was incorpor-
ated in our criminal code. Now, gen-
tlemen, ]pt us not brand the history
of the state of Nebraska as not hav-
ing come up to the standard of civili-
zation in this regard, when her whole
record shows she has. In short, we
would be false to the history we
ought to be proud 'Of in this state to
incorporate this provision here. It
would be saying there was danger
from the legislature of this state
that that statute which now is upon
our books would be wiped out, or
that we should come back to the
old code in this regard. Now, sir,
1 feel in my heart that there ife.
no danger, and several gentlemen
of this committee feel similarly. I
think the provision is a proper one
in the penal statute. It is a proper
subject for the legislature, and for
these reasons I move to strike out
the section.
Mr. ESTABROOK. I fully concur
in everything my friend has said. I
think it is getting another load off
our head. But there is a graver rea-
son still why this should be rejected.
"Any inhabitant of this state." If it
had said "citizen," sir, it might have
been described in more proper lan-
guage. It will be seen that under
the provisions of this act, that howev-
er much woman may be shut out from
the privileges ascribed and granted
to men in various ways, she is not
prohibited from fighting a duel.
(Laughter.) If there is any fight in
her she certainly has the right, as has
a man, and she is as liable. No.v, the
particular objection I have to this is
that if two women propose to fight
a duel, there would be no way to
punish them, and if you did you
would take away from them the
right to vote, which is what you do
not propose, it seems, to give them.
You do not expect they will exercise
that privilege.
The motion to strike out section
2 was agreed to.
Mr. MASON. Now. sir. I iiiovo
that the committee rise and rpj' UM
EAILEOAD CORPOBATIONS
19;
EEYNOLDS— GRIGGS
[August H
Monday]
the article back with the recommen-
dation previously agreed upon.
The motion was agreed to.
Mr. CAMPBELL. Mr. President,
the committee of the whole have had
under consideration the report of the
committee on miscellaneous subjects,
report progress and recommend that
it be referred to the judiciary com-
mittee.
In Convention.
The PRESIDENT. The recom-
mendation of the committee of the
whole is that this convention refer
the article on miscellaneous subjects
to the judiciary committee.
The recommendation was con-
curred in.
The PRESIDENT. The question is
upon the adoption of the recommen-
dation of the committee, which is to
strike out this second section.
The section was stricken out.
Mr. WEAVER. Mr. President, I
move we adjourn until eight o'clock
this evening.
The motion was agreed to, so the
convention (at six o'clock and two
minutes) adjourned.
Evening Session
The convention met at 8 o'clock,
p. m., and was called to order by the
president.
Railroad Corporations.
Mr. REYNOLDS. Mr. President,
your committee on enrolled and en-
grossed bills beg leave to report that
they have examined the article on
railroad corporations and find the
same correctly engrossed.
Mr. GRIGGS. Mr. President, I
move this article be read the third
time and put upon its passage.
The motion was agreed to.
The secretary read the article, as
follows:
ARTICLE—
Section 1. Every railroad corporation
organized or doing business in this
state under the laws or authority
thereof, or any other state, or by the
authority of the general government,
shall have and maintain a public of-
fice or place in this state for the tran-
saction of its business, where trans-
fers of stock shall be made, and in
which shall be kept, for public inspec-
tion, books in which shall be recorded
the amount of capital stock sub-
scribed, 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 liabili-
ties, and the names and place of
residence of its officers.
Tbe directors of every railroad cor-
poration shall annually make a re-
port, under oath, to the auditor of
public accounts, or some officer to be
designated by law, of the amount re-
ceived from passengers on the road
and the amount received for freights
thereon, and of all their acts and
doings, Avhicli report shall include
such matters relating to railroads as
D'ay be presc-.'ibed by law. And the
legislature shall pass laws enforcing,
by suitable penalties, the provisions
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 man-
ner as the personal property of indi-
viduals. And the legislature shall
pass no law exempting any such prop-
erty 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
198
RAILROAD CORPORATIONS
Monday]
[August 14
upon public notice given of at least
sixty days, to all stockholders, in
such manner as may be prescribed
by law. A majority of the 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 all persons for the trans-
portation of their persons and prop-
erty thereon, under such regulations
as may be prescribed by law. And
the legislature shall from time to
time pass laws establishing reason-
able 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 actually
recei^^pd and applied to the purpose
for which such corporation was cre-
ated; and all stock, dividends and
other fictitious increase of the capi-
tal stock or indebtedness of any such
corporation shall be void. The cap-
ital stock of no railroad corporation
shall be increased for any purpose
except upon giving sixty days' public
notice in such manner as may be pro-
vided by law.
Sec. 6. The exercise of the power
and the right of eminent domain
shall never be so construed or abridg-
ed as to prevent the taking by the
legislature of the property and fran-
chisps of incorporated companies
rfady organized, or herenfter to he
organizpd, 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 exercise 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
laws to correct abhses and prevent
unjust discrimination and extortion in
the rates of freight and passenger
tariffs on the different railroads in
this state, and enforce such laws by
adequate penalties to the extent, if
'lecessary for that purpose, of for-
feiture of their property and fran-
chises.
Sec. 8. No county, city, town,
township or other municipal corpor-
ation 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 which has or shall here-
after 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.
The PRESIDENT. The question
is on the passage of the article as
read. The secretary will call the
roll.
The vote was taken and the result
announced, ayes 30, nays 3, as
follows:
AYES.
Abbott,
Newsom,
Ballard,
Pa roll en,
Boyd.
Philpott,
Campbell,
Reynolds,
^'nrtis,
Stevenson,
Estabrook,
Stewart,
Gibbs,
Sprague,
Granger,
Scofield,
3riggs,
Shaff,
Kenaston,
Thomas,
Kilburn,
riiummel,
Lyon,
Tisdel,
Mason,
Vifquain,
Moore,
Weaver,
Myers,
Wilson. — 30
NAYS.
Hascall,
Manderson,
Wakeley. — 3
i
WOMAN SUFFEAGE
199
Monday]
MASON
[August 1*
ABSENT, OR NOT VOTING.
Cassell, McCann,
Eaton, Neligh,
Grenell, Parker,
Gray, Price,
Hinman, Robinson,
Kirkpatrick, Speice,
Lake, Towle,
Ley, Woolworth,
IVEajors, Mr. President. — 19
Maxwell,
So the article was passed and the
title was agreed to.
The PRESIDENT. The question
is on the reference to the commit-
tee on revision and adjustment.
The motion was agreed to and the
article so referred.
The PRESIDENT. The special or-
der of the hour is the report of
the committee on rights of suf-
frage. The question is on striking
out the second section of the ar-
ticle.
Mr. MASON. Mr. President, be-
fore this question is put to vote, it
should be expected after the two
night sessions in which those fav-
oring the extension of the rights of
suffrage to the females of the state
, that some one, taking a differ-
ent view of this question, should lay
their reflections before this conven-
tion; especially so, as this is true,
that the remark has been made that
we appreciate less the value and
character of women than those who
favor the investing of them with the
elective franchise. And in answer
to this we say:
["For thou art] woman — with that
word
Life's dearest hopes and memo-
ries come;
'Truth, Beauty, Love — in her adored,
And earth's lost paradise restored
In the green bower of home."
— Halleck.
"O woman! lovely woman! nature
made thee to temper man; we had
been brute without thee."
The mother in her high office
holds the key of the soul, and she
it is who stamps the coin of charac-
ter and makes us men who would
be savages but for her and the sweet
prattle of her olfspring. Then we
crown her queen of the world. For
in all this cold, hollow world there
is no fount of deep, strong, deathless
love, save that within a mother's
heart. This much we say of her, and
it but partially expresses the high
estimate in which we hold her; and
we would do nothing which would
tend to dampen the ardor or repress
the devotion which she brings to the
discharge of the highest and holiest
of earthly duties, that of molding
the plastic mind that looks from be-
neath the curtaining fringe of baby
eyes and leading, step by step, the
young ideas up to manhood's prime
— this and all the tenderest and most
holy offices that cluster about the
altar of home are woman's most sac-
red .right and inheritance — consid-
ering what ought to be the fundamen-
tal law in regard to the question now
under consideration we would not
take counsel of our prejudices but
of reason and nature, that nature
which ''is but a name for an effect
whose cause is God." Nature is the
glass reflecting God, as by the sea
reflected is the sun. Nature is, and
ought of right to be, man's teacher.
She unfolds her treasures to reward
his toil, unseals his eye, illumines
his mind and purifies his heart, and
nature has made nothing but can im-
part instruction to the wisest man.
200
WOMAN SUFFRAGE
Monday]
How has she ordered her rule of
government in all animal and in-
tellectual beings? What is her high
decree, against which man lifts his
voice in vain? For surely God will
not hear vanity, neither will the Al-
mighty regard it. Then let us con-
sider, with such lights as are within
oiT reach, the present condition of
woman '^v.th regard to the i-artic-i-
lar question under discussion, and
how it came to be ordered as it is.
It is admitted that man makes the
civil laws and executes them; but
the man who makes the laws and who
executes them is but the name for
an effect whose real cause is woman.
That mother now lives who by her
teachings and her example is form-
ing and molding the mind and char-
acter of the child who is to stamp
the mother's character upon the in-
stitutions of our state with a more
lasting, clearer and deeper Impress
than she possibly could by mingling
in and taking part with us in the
stormy and sometimes exciting de-
bates which at times agitate this
body. In the one case her argu-
ments, her charms, and gentle influ-
ences and winning ways would be di-
rected to mold, modify or change
the direction given to public events
by full grown men whose charac-
ters are hardened and crystalized
and whose vices and virtues, pre.iu-
dices and passions have become a part
of their very being. As well might
woman attempt, with her delicate,
taper and lily white fingers to pick
the grooves in a French burr mill-
stone or dress and polish the rough-
est diamond with her hand alone.
[August 14
How changed is the result when she
directs her gentle influences and
holy love to mold and direct the
mind and kindle the aspirations of
childhood. With what wonderful fa-
cility the mind of the child is given
bias and direction by the influence
and teachings of the mother. How
readily the stormy tempest of pas-
sion or grief yields and gives way to
the fond caress of motherly love.
She speaks in the gentle accents of
affection, faith and purity, that
crowning glory of the universe and
says, "Peace, be still I" and the tem-
pest is calmed and the dark clouds
of passion which swept the soul give
way before the glorious sunlight of a
mother's holy teachings. Who would
mar the glory of this scene, witnessed
daily around a thousand family
hearthstones, by the introduction of
the serpent of political ambition or
ithe still more dangerous enemy, po-
litical discord?
But, sir, we are told she could
take upon herself the cares and bur-
dens of government without detri-
ment to her duties which are as-
signed her by nature, and with profit
to the government and advantage to
her offspring. Is this true? Can
the sensitive, delicate, and refined
woman come daily in contact with
politicians and political influences,
familarize herself with the revolting
breaches of faith and witness daily
and constantly the violation, by the
outs, of the tenth commandment,
which forbids coveteousness, to say
nothing of the repeated violations by
the ins, of the eighth coninumdment,
forbidding theft. Sir.
MASON
WOMAN SUFFRAGE
201
Monday]
"Vice is a monster of so frightful
mien,
As to be hated needs but to be
seen;
Yet seen too oft, familiar with her
face.
We first endure, then pity, then
embrace."
These few lines of Pope, an in-
spired truth, have merited and
received the approbation of the
clergy, statesmen and philanthropists
until they have become household
words and are everywhere received
as axiomatic truth. Then, sir, the
position assumed in respect to this
matter by the gentlemen who advo-
cate the policy of female suffrage
is most clearly wrong, in this regard,
or statesman and clergyman have
been grossly at fault in approving the
sentiment contained in the lines
above quoted. But, sir, they are not
at fault. All experience shows that
they are right, and that, in this par-
ticular, the friends of female suf-
frage are mistaken in this regard.
We, sir, would remove temptation
from our daughters, wives and
mothers. We, sir, would impose up-
on them no burdens and no political
duties which may be enforced by
fines, penalties and forfeitures and
even by indictment, trial, conviction,
fine and imprisonment. The fran-
chise once conferred, the exercise of
it may be compelled by all these
modes; and it is a mere accident
that it is not so compelled. It might
be so ordered by any future legisla-
tion should the public good or legis-
lative caprice require it.
I will not now pause to read the
records of conviction under a statute
like the one indicated above. I read
(August 14
from the statutes of Virginia, revision
of 1819. At that time no one was
a voter in that state excepting the
property holder and holder of real
estate.
Any elector, qualified according to
this act, failing to attend any annual
election of delegates, or of a sena-
tor, and if a poll be taken, to give,
or offer to give his vote, shall pay
one-fourth of his portion of all such
levies aiid taxes, as shall be assessed
and levied in his county the ensuing
year; and for discovering such de-
faulters, the sheriff or other officer
taking the poll shall, within ten days
after the said election, deliver to the
clerk of the county, or corporation
court, as the case may be, a copy of
the poll by him taken, to be kept in
his office, who shall suffer any can-
didate or elector to take a copy there-
of, and the said clerk is hereby di-
rected to cause a copy of the same to
be delivered to the next grand jury,
to be sworn for the county or cor-
poration, who shall be charged by
the presiding magistrate to make pre-
sentment of all such persons quali-
fied to vote, residing in the said coun-
ty or corporation, who shall have
failed to have given their votes at
the said election agreeably to law.
And for the better information of
the said jury, the sheriff of the coun-
ty is hereby commanded, under the
penalty of one hundred and sixty-
six dollars sixty-six cents, to be re-
covered and appropriated as the
penalties for other neglects of his
duty, to lay before them a list of all
the landholders resident therein.
This statute was flirst enacted
in 1798, was again reenacted in 1819,
and was most rigidly enforced up to
the time of the rebellion.
But, sir, it is said woman is gov-
erned without her consent; or, in
other words, in respect to her the
government does not derive its just
powers from the consent of the gov-
MASON
202
AVOMAX SUFJ^EAGE
Monday]
MASON
£Augrust 14
erned. Is this assertion practically
true or true in theory? Let us im-
agine seventy-five thousand men and
seventy-five thousand women, and
that they are the first settlers of the
state, that each of them is married,
that each couple has three children,
and that there are seventy-five thous-
and children two years of age, seven-
ty-five thousand four years of age,
and seventy-five thousand six years
of age. This community meet upon j
the broad prairies and in general as-
sembly take counsel among them-
selves what shall be the order of
government and in whom political
power and political capacity shall
be vested; and, after each mother
has been heard, in separate assembly,
and none have taken counsel of their
prejudices and none of their ambi-
tion, but all in prayerful solicitude
have taken counsel of reason, of na-
ture, and of nature's god, the com-
mittee from the assembly of women
report as follows: "Believing in the
ability of our husbands to make such
provisions of governmental law as
shall best protect and shield us,
whom they have sworn at the altar
to love, honor and cherish, and their
desire to build about their homes a
bulwark of safety for ourselves and
our offspring; and also, fully realiz-
ing the importance of our own sphere
of action and the multitude of daily
duties devolving upon us, we most
cheerfully and gracefully yield the
ballot box, with all its train of hon-
or or dishonor, pleasure or pain,
peace or war, to the sturdy sons of
earth whose names we proudly wear;
and most grateful are we to be re-
lieved of this onerous duty. The
multitude of cares constantly accumu-
lating in the advancement of society,
the culture and education of our
children, our duties to the sick and
afflicted, and also, so far as we are
able, to make smooth the rough pla-
ces in life, bind up the broken-hearted
and relieve those in want and dis-
tress Besides, over and above
all this, we have taken counsel of
our natures, our reason, our intu-
ition and of the source of all wisdom,
and this is our commission unto you.
"So, from the first, eternal order ran,
And, creature linked to creature, man
to man.
Whate'er of life all quickening ether
keeps,
Or breathes through air, or shoots
beneath the deeps;
Or pours profuse on earth, one na-
ture feeds
The vital flame and swells the genial
seeds.
Not man alone, but all that roam the
wood,
Or wing the sky. or roll along the
flood.
Each loves itself, but not itself alone;
Each sex desires alike till two are
one.
Nor ends the pleasure with the fierce
embrace:
They love themselves a third time in
their race.
Thus beast and bird their common
charge attend,
The mothers nurse it and the sires
defend..."
We therefore look to you for the
necessary laws for our defense, our
protection and happiness, and we
must respectfully decline all partici-
pation in the affairs of the civil state.
Before closing this report it is proper
to state that recently much discord
and discussion have been caused in
our community by the publication and
WOMAN SUFFEAGE
203
Monday]
circulation of various printed docu-
ments and newspapers in our midst,
and by a class of restless, disaffected,
discontented and ambitious women
in our community. There are some
good women and mothers, however,
who think we ought to participate
in the political administration and
affairs of government; but a very
large majority of our assembly
think that to comply with their re-
quest would endanger the social
fabric, plant the seeds of vice and
discord, engender political ambitions
and aspirations, and eventually in-
volve us and our children, as well as
our husbands, and those who may
hereafter join our community, in
great danger, if not in common ruin;
and we therefore pray that we may be
discharged and released from any and
all cares or solicitude in respect to
the civil government of the state,
and that you provide for the com-
munity all such needful rules and
regulations as wisdom shall dictate.
All of which is respectfully sub-
mitted."
This report is seconded by the
husbands of these mothers and adopt-
ed, and the society is ordered as
requested by the women. Is not this
then their government? and are not
they — the women — as fully and thor-
oughly represented as the male por-
tion of said community? And is not
this, in truth and in fact, the con-
dition of affairs as they /actually
exist? I think it is. There is not
today in Nebraska one woman in
live, and I think not one in ten, who
wants or desires this change; and
five mothers, at least, out of every
six, take the state at large, protest
[August 14
against this innovation and violation
of God's ordinances; and, sir, it is
on their behalf that I lift my voice
against the proposed innovation upon
the old rule. But, sir, I am told
that it is a cardinal principle in
government that there should be no
taxation without representation. Ad-
mit this proposition to be true,
which is not so to its fullest extent,
and is not woman represented as I
have shown by her own chosen and
elected representatives? Will my
gallant friend from Douglas, General
Manderson, insist upon the rescission
of the vote by which the report
of the ladies, as stated before,
was adopted? Will he — will any
gentleman upon this floor insist up-
on vesting the suffrage in woman
when more than five-sixths of the
whole are protesting against it, and
but very few desire it? And where
is the son upon this floor that will
deny the request of his mother in
this regard? If there be one, that
mother may aptly reply,
"How sharper than a serpent's
tooth it is
To have a thankless child!"
Or musing to herself, may utter,
"If there be a crime
Of deeper dye than all the guilty
train
Of human vices, 'tis ingratitude."
Now, sir, as to the right of
franchise. What is it? and
from what source is it derived? It
is not a natural right, and is not,
strickly speaking, a civil right. It is
a political right. Rights are some-
times divided into natural and civil
rights; but, as all the rights which
MASON
204
WOMAN SUFFRAGE
Monday;
MASON
man has received from nature have
been modified and acquired anew
from the civil law, it is more proper
when considering their object to
divide them into political and civil
rights.
Political rights consist in the pow-
er to participate, directly or indirect-
ly, in the establishment or manage-
ment of government. These political
rights are fixed by the constitution.
With us, every citizen possessing the
requisite qualifications has the right
of voting for public officers and of
being elected, as these are political
rights and should properly be defined
in the constitution. Civil rights are
those which have no relation to the
establishment, support or manage-
ment of government. These consist
of the power of acquiring and en-
joying property, of exercising the
paternal and marital powers, and the
like. It will be observed that every
one, unless deprived of them by
sentence of civil death, is in the
enjoyment of his civil rights, which
is not the case with political rights;
for an alien has no political rights,
although in the full enjoyment of his
civil rights. These latter rights are
usually divided into absolute and
relative. The absolute rights of
mankind may be reduced to three
principal or primary articles. The
right of personal security, which
consists in a person's legal and unin-
terrupted enjoyment of his life, his
limbs, his body, his health and his
reputation; the right of personal
liberty, which consists in the power of
locomotion, of changing situation or
removing one's person to whatsoever
place one's inclination may direct,
[August 14
without any restraint, unless by due
course of law; the right of property,
which consists in the free use, en-
joyment and disposal of all his ac-
quisitions, without any control or
diminution, save only by the law of
the land. We have here determined
what is a political right and what a
civil right, and found that the fran-
chise is a political right. Let us
consider this question with respect to
the fourteenth and fifteenth amend-
ments and see whether these amend-
ments, or either of them, recognize
woman's political right to vote.
I use the word recognize so as not
to wound the sensitive feelings of the
very gallant gentlemen who argue
the other side of this cause, so they
may gather what consolation there is
U, be had from the use of the word
recognize instead of vest. I hold that
political rights are given or withheld
as seems best for those who frame
the fundamental law — that there is
no such thing as a natural or in-
herent right to vote or hold office.
These are purely political rights. We
will now briefly consider the four-
teenth and fifteenth amendments.
(Here the speaker appears to have
"read from opinions." — Ed.)
Mr. Chairman, what legal inter-
pretation is this which can so
pervert judgment as to claim that
the fourteenth amendment in any way
relates to political rights and the
denial thereof, when the second sec-
tion especially recognized the author-
ity of states to withhold political
rights from any class of citizens, and
provides that if any state shall ex-
ercise such authority the population
so disfranchised shall not be counted
WOMAN SUFFRAGE
205
Monday]
MASON
[August 14
in fixing the representation in con-
gress of such state.
Then, sir, we, by logical deduc-
tion, arrive at the conclusion that
the proposed innovation finds no
support in the fourteenth and fif-
teenth amendments to the federal
constitution, and that the change is
not required to conform our funda-
mental law to nature's ordinances,
but, on the contrary, in nature's
great plan the mothers nurse and
bind up, purify and elevate, and the
sires defend; and in nature's state
there is no blindness, no erring rea-
son: but the state of nature is the
sovereign reign and government of
God.
And let none claim that in reach-
ing this conclusion we admit or as-
sert the superiority of man over wo-
man. We do not do this, but, on the
contrary, as that devotion and her-
oism which rescues the wounded,
cheers and comforts the dying with
gentle ministrations, which labors in
hospitals and flies to the rescue of
suffering humanity, organizes great
charities, is higher and loftier than
mere brute courage on the battle-
field, so her merciful and angelic
ministrations surpass man's best and
noblest efforts. God in his mercy for-
bid that we should tarnish her true
glory with mist of political discord or
the mildew of political ambition. Pal-
sied be the arm and paralyzed the
tongue that would knowingly tar-
nish her glory or restrict the liberty
of her citizens (?).
It now remains to consider the
effect of the fourteenth and fifteenth
amendments upon the question now
under discussion. In construing the
fourteenth and fifteenth amendments
to the federal constitution we are
to consider how the law of the va-
rious states and the federal govern-
ment stood at the time of submitting
those amendments, what the mis-
chief was for which the constitution
had failed to provide, and so construe
these amendments as to suppress
the mischief and advance the remeay.
It is the duty of the courts and
ot this convention to make such con-
struction of remedial enactments as
shall suppress the mischief and ad-
vance the remedy, putting aside sub-
tle inventions and evasions, and add-
ing force and life to the remedy
according to the true interest of the
maker of these amendments, pro
bono publico. Applying these well
settled principles in the construction
of these amendments, what political
rights of men are fully recognized
and the states of the union for-
bidden to withhold, and is the ca-
pacity to exercise the franchise re-
cognized? For it is a political capacity
of great responsibility, and vast im-
portance, possessing which the citi-
zen is liable to be called upon to
establish the rights, to estimate the
injuries, to weigh the accusations,
and dispose of the property, liberty
and lives of their [his] fellow citi-
zens by serving upon juries. The
first section of the fourteenth
amendment defines who are citizens
of the United States, and says: "All
persons born or naturalized in the
United States and subject to the
jurisdiction thereof are citizens of
the United States, and of the state
wherein they reside." "All persons,"
this includes males and females of
206
WOMAN SUFFRAGE
Monday]
MASON
[August 14
all ages, idiots and lunatics. The
section then proceeds: "No state
shall make or enforce any law which
shall abridge the privileges or im-
munities of citizens of the United
States, nor shall any state deprive
any person of life, liberty or proper-
ty without due process of law, nor
deny any person within its juris-
diction the equal protection of laws."
If privileges and immunities in this
amendment are held to include the
political right of elective franchise
and politicel capacity to serve as a
juror, then, indeed, male and female,
the new born babe and the aged
man are electors and jurors; and
we may have an infantry in arms
without the power to mobilize the
commissariat. But this is not all;
the second section of the same
amendment recognizes the power ot
the states to abridge the political
rights of franchise; and this amend-
ment must be so construed as to be
consistent in its spirit and policv
and harmonious with the several
parts and amendments of the federal
constitution. But again, if the
fourteenth amendment conferred the
right of franchise and invested all
persons with political rights, or, in
other words, recognized the political
rights of franchise in all persons,
why was the fifteenth adopted?
We think it clear that the four-
teenth amendment and the words
"privileges" and "immunities" relate
to civil rights only. The fourteenth
amendment recognizes no political
right and forbids the withholding of
none. Then there is nothing in the
federal constitution or the fourteenth
amendment which forbids the state
from making such arbitrary, unrea-
sonable, and invidious distinctions
as that of sex a qualification for the
franchise. The fifteenth amendment
inhibits the denial of the political
right of franchise on account of race
or color, but stops there. That is
the limit of its power, and [it]
leaves the state free to withhold any
other political right on so unreason-
able a ground as the accident of
color. It reads: "The right of citi-
zens of the United States to vote
shall not be denied or abridged by the
United States or by any state on
account of race, [or] color, or pre-
vious condition of servitude." In
construing this amendment the max-
im, "Expressio unius est exclusio
alterius" is peculiarly applicable,
specially denying to the state the
power to abridge the right only on
account of race or color, leaves
them free to deny them every other
political right on so unreasonable
a ground. Before closing this opin-
ion, it should be observed that in
construing the fourteenth amend-
ment to the federal constitution we
have considered the same with ref-
erence to the rule applicable to the
construction of remedial statutes,
which is far more liberal than that
which the law applies in construing
the federal constitution, which is a
delegation of power from the whole
people of the United States in their
sovereign capacity to the federal
government. The challenge to Cross-
WOMxiN SUFFEAGE
207
MASON
[August 14
Monday]
ley on account of color should have
been sustained.*
Now, Mr. President, let us look at
the authorities from which the gen-
tleman has read. I admit the dis-
tinguished authority from which the
gentleman reads; but we must con-
sider that Jefferson did not claim,
as did Talleyrand, that language was
formed for disguising the thoughts
of men. He spoke great truths.
Let me say that when this first
law was written there was not
one tenth of the population of Vir-
ginia who were taxed as men. Now
what did Mr. Jefferson say in speak-
ing of this large class? "The true
foundation of republican govern-
ment is the equal right of every
citizen in his person and property
and in their management."
Why, sir, in their person and in
their property. Did I not show in the
former part of. this argument, that
civil rights was one thing, and polit-
ical rights was another? that among
the civil rights were the rights of
personal security and personal liber-
ty? and when Mr. Jefferson speaks
of this, he speaks of civil rights
in this connection. Besides when he
says that those who fight or pay
4. Brittle vs. The People, Nebraska Re-
ports, V. II, p. 19^; History of Nebraska, v.
Ill, p. 122. Defendant Brittle, on trial in the
district court of Douglas county, charged
with burglary, challenged the right of Howard
W. CtoP'^lP'V to pit <^T\ the jurv because he
was a negro. In February, 1872, Crounse
and Lake, justices of the state supreme
court, decided that Crossley was eligible: but
Mason, chief justice, dissented in an opinion
which ably contended that the demand of the
federal congress that thf> state legislature
should declare, as a condition precedent to
the admission of the territory into state-
hood, that no person should be disfranchised
on account of color, was null and void, as
against the provision in the state constitu-
tion itself confining the right to vote to
whites and a statutory provision barring ne-
groes from sitting on juries.— ED.
should vote, of whom does he speak?
When man fights, how does he fight?
He fights as a man. When Jefferson
spoke of those who were taxed he
meant those who were taxed as men.
I was amused at the authorities
which were brought forward by my
friend. General Manderson. Does
not he know that in England prop-
erty votes, not the man? That the
man who purchases property there
today, he votes tomorrow? And they
carry out this rule when a woman
purchases property as well as when
a man purchases property. Whoever
heard in a civil government of a
woman being taxed as a woman?
Who, when the state is attacked,
when the enemy makes his assault —
whose blood dyes your battle fields,
and who stands where death walks
abroad with eyes deep set and im-
movable? Who stands there to defend
the state? Palsied be the arm that
would first expose the sacred form
of woman to those missiles of de-
struction; buried forever be the
thought. In nature's great plan, the
mothers nurse and the sires defend.
Who, when the thunder of the
guns would break in upon the lowly
incantation of the mother's voice,
as she gathers her offspring about
her in prayer — who, I say, would
snatch that mother from the more
than earthly scene of purity and
hurl her into the path of war? Now
we must be permitted to deal in dull
facts. Leave that sacred home, when
that mother but yesterday gathered
her chiadren about her knees in
prayer and go with me to the capital
of this great nation, and tell me
208
WOMAN SUFFRAGE
Monday]
MASON
[August li
what kind of character is stamped
upon those who frequent that city.
Tell me which son of Nebraska
that cherishes her holy name would
stamp his daughter with such a char-
acter? And if none of you would
do this, do you stand up and tell
me there is no danger in opening
this floodgate of poison upon the
social purity of Nebraska? Stay!
ere the wrong be consummated; ere
this great fountain of social purity,
a mother's abounding loye and the
sanctity of home, be torn away;
ere you put the dagger to its
heart, pause, and reflect! Be it
known, we would withhold no right,
for no right in the is
involved. We so order this temple of
government as to promote the great-
est and the soundest security to the
whole. How shall we accomplish
this? Who can teach like the wo-
man? Who can mold the plastic
mind of childhood like her? And she
comes not with the commanding
power and the deep bass voice of
man, threatening to destroy. She
comes in the holy accents of per-
suading tone, touching the heart of
youth and educating it up until hei;
thoughts are burned into the very
policies of government and her char-
acter written there as it never could
be written was her voice to be heard
in the political harangues or in the
administration of justice. But, sir,
I will be told, in the course of this
discussion and upon the appeals to
her, that this great crime, the retail-
ing of poisonous liquors, which car-
ries over 60,000 annually to the
grave, would be swept away; and
have been told that tnat other accom-
paniment, with its nameless crime,
would be wiped out forever. Toda>
justice and law stands trembling in
the very presence of crime in the
first city of our land, with a drawn
scepter to drive back its ministers,
even on the Sabbath day. Then your
lawmaking power is far in advance
of your law-executing power. And
who, sir, would make woman the
instrument of execution of your laws?
He who would do it would trail her
sacred garments of purity, with
which she has robed the earth with
angelic beauty, would trail them in
the dust; hence this argument falls
to the ground.
I think, Mr. President, I have brief-
ly reviewed all the arguments that
1 have been urged in favor of what is
called the enfranchisement of woman.
With these views may I not claim
the concurrence of those whom I have
the honor to represent on this floor?
May I not be permitted to point, in
I the interest of one Christian mother
I of this state, to this as the dawning
I degradation of woman? Is it true
' that you have found the panacea
j that is to cure all the dreadful evils
I of society? Not so. In conclusion,
I Mr. President, let me say it is the
duty of this constitutional conven-
tion to define political rights: for
their home is the fundamental law;
j and I think they may be enabled,
j like Banquo's ghost, to stand forever
[ to accuse us because we
Mr. President, if there is one
man above another, on this floor,
that is interested in the solution of
this vexed question, it is myself:
for, fortunately, my boys are all
girls; and, if it is to prove a blessing,
WOMAN SUFFEAGE
209
MYERS
[August 14
Monday]
I ought to stand here and support
it. But, having taken counsel with
those with whom I am associated in
my home, and believing that it brings
no happiness to home for the mother
and daughter into the depths of
political ambition, I enter my pro-
test against it.
Mr. MYERS. Mr. President, I am
free to confess that at one time the
question of conferring the ballot on
the women of our country, or at least
upon the women of our state, seemed
to me both proper and expedient.
The case was strongly presented, by
intelligent and cultivated women, in
various parts of the country, especial-
ly in the East; and while it was no
more than courteous to them to give
their cause a patient hearing, and, in-
deed, favorable consideration, yet,
for a period of twenty years, the advo-
cates of woman's suffrage have made
very little, if any, potent impression
on the public mind; in the East,
very little, indeed. The speakers
have not increased to any marked
degree. In a great cause their num-
ber ought, by this time, to be legion.
But in looking over the list of female
advocates, on the stump or elsewhere,
we find the same stereotyped faces,
the same voices and the same argu-
ments, without change, addition, or
improvement, that sprung into life,
such as it is, twenty years ago. We
find Mrs. Mott, worn out in the great
cause of antislavery agitation, lend-
ing her strong influence to this new
claim upon humanity, justice and
right. Anna Dickinson draws her
trenchant blade, like the maid of
Orleans, to lead her host of strong-
minded women to the peacful vic-
tories of the ballot box, and, far in
advance of them all, stands the fam-
iliar and burly form of Mrs. Cady
Stanton, who sounds the tocsin for
the advance in strong cadence, pro-
claiming vroman's superiority over
man. Then there follow a few more
of equal respectability who have
sought to create public opinion in
support of their peculiar views. He
v.'ould be less than human who would
fail to yield to these, our country-
women, a fair and impartial hearing,
We have done so: their memorials
have been courteously received by the
legislature of last winter, and, by a
solemn vote, their petition was re-
ferred to the consideration of this
convention. At that time I thought
they had made out a strong case;
and I, for one, was strongly impressed
with the justice of their demand,
but having no potential voice in the
matter, as the convention [legisla-
ture?] was utterly without power to
act in the matter, one way or the
other, and for this reason the sub-
ject was dismissed for other and more
available subjects then pressing up-
on the attention of the legislature.
But, sir, times have changed, and a
different state of affairs exists, pre-
senting the question broadly for our
consideration and action. We must
now face the question in its length
and breadth, in a manner that will
decide it one way or the other in
this state. Let us, therefore, pause
and reflect upon what we contem-
plate doing. I am unwilling to as-
sume the responsibility without an
expression of opinion from the peo-
ple. I trust them fully and freely
with the decision of the question.
210
WOMAN SUFi^EAGE
Mondayj
MYERS
and have entire confidence in the
judgment and patriotism of the
electors. Therefore, I am in favor of
this section submitting the question
of female suffrage to them. At the
same time, sir, I have doubts as to
the propriety of granting to women
the ballot, raised in my mind by more
mature reflection than I have hereto-
fore given to the subject. I shall
only hastily glance at some of the
reasons that control me in opposirg
female suffrage, and not occupy tiic
time of the convention in argument
upon the subject, which I hope w:ii
be decided by another tribunal rucI
more fully discussed there by Uie
people themselves. Then, permit me
to say, first and foremost, that wo-
man enjoys more freedom, more
consideration, and more happiness,
individually and collectively, under
a republican form of government,
than she does under any other on
the face of the earth. In no other
country have the rights of women
been more liberally and more firmly
established than in this. Will the
right of voting increase her attain-
ments in this respect? If it does not
do tliis it ought not to be granted.
Now what do the women themselves
say on this point? Let us hear both
sides, and then decide justly. The
advocates of female suffrage have
presented their memorial here in
reference to their side of the ques-
tion. Now let the opposite side be
heard. I have before me the memor-
ial of ladies opposed to female suf-
frage, and ask the attention of the
convention while 1 read it, as fol-
lows:
[August U
To the congress of the United .
States, protesting against an exten-
sion of suffrage to women:
We, the undersigned, do hereby
appeal to your honorable body, and
desire respectfully to enter our pro-
test against an extension of suffrage
to women; and in the firm belief that
our petition represents the sober
convictions of the majority of the
women of the country.
Although w^e shrink from the no-
toriety of the public eye, yet we are
too deeply and painfully impressed
by the grave perils which threaten
our peace and happiness in these
proposed changes in our civil and
political rights longer to remain si-
lent.
Because holy scripture inculcates
a different, and for us higher sphere,
apart from public life.
Because, as women, we find a full
measure of duties, cares, and respon-
sibilities devolving upon us, and we
are therefore unwilling to bear other
and heavier burdens, and those un-
suited to our physical organization.
Because we hold that an extension
of suffrage would be adverse to the
interests of the working women of
the country, with whom we heartily
sympathize.
Because these changes must in-
troduce a fruitful element of discord
in the existing marriage relation,
which would tend to the infinite det-
riment of children, and increase the
already alarming prevalence of di-
vorce throughout the land.
Because no general law, affecting
the condition of all women, should
be framed to meet exceptional dis-
content.
For these, and many more rea-
sons do we beg of your wisdom that
no law extending suffrage to women
may be passed, as the passage of
such a law would be fraught with
danger so grave to the general order
of the country.
Now, sir, there are many strong
points in this memorial. The holy
s(!ripturo, for the first time invoked
WOMAN SUFFRAGE
211
Monday] MYERS [August 14
in this body in directing our minds
for the proper solution of the ques-
tion, is of paramount inportance. The
mission of woman is for a higher
sphere than competition and conflict
with man in affairs of government
and far, very far, indeed, apart from
public life. As women, they have
peculiar duties to perform in the
household economy of every fam-
ily. Here is her empire, and here
she shines in true womanhood, more
than she will [shine] or ever has
shone in any other department of
life. Her duties are well defined,
prescribed, honored and sanctified
in the holy scriptures. Here perfect
freedom is guaranteed to her. The
rearing of her family is peculiarly
her province. Sir, "The mother
makes the man" is a truism the
world over and through all time.
Her responsibilities are truly great,
commanding, felt in every walk of
life, and in every department of hu-
man progress. Now, why will the
effort be made to force woman, in
whole or in part, from the sphere
of life for which she is adapted sole-
ly, by the wisdom, the knowledge
and the mercy to man, of the author
of every good and perfect gift, who
has wisely alloted to her special
duties in human economy which no
man can perform? I do not believe
that the right of suffrage is inherent
in either sex. It was wrested from
power and tyranny and exercised by
the people by the power of the bay-
onet, and is maintained only by that
power. In Europe the bayonets are
arrayed against manhood suffrage.
Bayonets and ballots are one and
indivisible, because the one cannot
exist without the support of the other.
If woman votes she must also fight.
The state then will know' no dis-
tinction; because the dividing line
between the protected and the protec-
tor [is] dissipated, broken down, and
woman must, as a consequence, take
her part, to the neglect and de-
struction of every other duty, and
take her position in the battles of
the state. If she assumes the di-
rection of affairs of state, she must
also shoulder every part of its re-
sponsibilities, in peace and in war.
They cannot all be nurses then. But
man has become so debased by
breaking down this barrier between
the sexes as to insist that woman
shall perform his work, in equal
share with his own, and, in the strug-
gle thus created, neither man nor
woman can be benefitted, and both,
perhaps, irreparably injured, at least
until a returning sense of duty shall
again induce to habits and princi-
ples in force since the world began.
Now, sir, Jefferson is proclaimed
here as recognizing woman's suffrage
in the declaration of independence,
when it is asserted that "all men
are created free," and that this
language includes and embraces wo-
men, in a political point of view. It
is claimed that this term of men and
persons, the one by Jefferson, and
the other in the fourteenth and fif-
teenth amendments to the consti-
tution of the United States, includes
women and confers upon woman the
right of suffrage. If this could be
successfully proved from either one
or both of these authorities, so
strongly relied upon, there would be
an end to the question at once, and
212 WOMAN SUFFEAGE
Monday]
MYERS
[August 14
before this late hour of the day. If
that had been the construction placed
upon this part of the declaration, the
right of woman to vote would have
been coeval with the signing of that
great document. This question would
have been settled then and there,
and, coming from the great fathers
and founders of the republic, would
have been stated in clear, unequivocal
and distinct language, in such lan-
gauge, indeed, as they have em-
ployed in expressing everything and
every principle that was either writ-
ten or uttered by them. If they
meant to confer on women the bal-
lot, they would have said so. But,
sir, they did not mean it; and no
amount of sophistry and distortion
will convince me to the contrary.
And, sir, in searching through all
the works of Jefferson, Madison,
Franklin, Adams, and other lights of
that period — and the subject was
fully discussed — we fail to find any
allusion, direct or indirect, to wo-
men, as suffragists. But we find
every grade and species of disability
as to men fully discussed and de-
cided, and decided, too, by them,
as we find it in the constitution of
the United States, and this has no
departure in it by any of the states,
and only by one territory, recently,
which even they are ready to aban-
don. Finding nothing in the affirm-
ative, as to the right of women to
vote, can we produce anything in the
negative? I think it can be done,
which, taken in connection with the
total silence of the early fathers as
to the right of women to vote, we
may take it as certain, with their
opposite declarations, and positive
action as to who shall vote, that it
was never intended to confer suf-
rage on any class but men, native
and naturalized, and of the proper
age. That is all, sir. I think it is
conclusive, so far as the fathers are
concerned. Mr. Jefferson, in a letter
written in 18 24, [Aprl. 19] uses this
remarkable language, and permit me
to say that, so far was female suf-
frage from his mind at that time,
even here, it is classed as impossi-
bility in the illustration of the point
he was then defining. He says:
"However nature may by mental
or physical disqualifications have
marked infants and the weaker sex
for the protection, rather than the
direction of government, yet among
the men who either pay or fight for
their country, no line of right can
be drawn. The exclusion of a ma-
jority of our freemen from the right
of representation is merely arbitrary,
and an usurpation of the minority
over the majority..."
If women are classed, on the score
of physical disability, with infants
and these are in the peculiar care
oi the mother, as she is herself in
the care and protection of the strong-
ei sex, this right to take part in the
direction of the government is not,
I am certain, embraced in the closing
sentence of this extract, as a usur-
pation of the minority in excluding
women from the ballot.
Such a vagary as female suffrage.
it seems to me, from a careful ex-
amination of the subject, never en-
tered into the deliberations of the
continental congress- or of the states-
men who framed the constitution of
the United States; nor of any of
the states of this union; and I ven-
ture to say that a more perfect form
WOMAN SUFFEAGE
213
Monday]
of government has never been de-
vised by the genius of man in any
other age or country. Under it, for
nearly a century, this people has en-
joyed the fullest freedom, unbound-
ed prosperity, without let or hin-
drance, molestation or abridgment,
such as other less favored people
have endured under the oppressions
of kingly power and tyranny. We
have passed safely through the for-
eign wars, and a civil war, origina-
ting in the interest of slavery; yet
the institutions created by our illus-
trious ancestors are unshaken;
stronger as they grow older, and
destined to live in purity as a great
republic, until the crack of doom
and the crush of worlds shall, if that
thing ever comes, send all things
together into space. That is my
faith in the right. Error dies, truth
and right live forever. Now, then,
have we been unfaithful to truth and
right, in the face of all that has
been done, when we cannot exactly
see the propriety of investing our
mothers, sisters, and other female
friends with the right of the ballot?
I do not think that Washington,
Jefferson, Penn, and other lawmak-
ers did crime, of omission at least,
in failing to recognize woman's right
to equal share in affairs of govern-
ment. It is to be regretted that this
Question did not arise in their day.
Or was it so remote in their thoughts,
instead, an innovation on the re-
ceived opinions of mankind, as not
to be thought of? This would seem
to be the fact. They had ransacked
every form of government known to
h-istory as a model for our own, and
in not one of them did they find
[August 14
the shadow of an idea that pointed
te the, introduction of women as co-
partners in the management of the
government. Nor does history fur-
nish an example where women were
admitted to any of the deliberations
of senates of olden time, the records
of which and the actors therein are
so familiar to all readers of history.
This is true as to sacred and pro-
fane deliberative bodies. In modern
history the fact is the same. While
the men were "riding in the whirl-
wind and governing the storm. in
this nether world, the women were
not idle. They had duties to per-
form and responsibilities of equal
weight resting upon them; and they
were true to their mission. They
had charge of the youth of the state,
to mold the mind in the paths of
virtue, honor and patriotism. These
were the jewels the Roman women
nourished and cherished, and this is
the race of heroes born in our
country, who carried our flag through
shot and shell, on many bloody bat-
tle fields, to save the life of the
nation. The women performed their
appropriate part in the sanguinary
struggle nobly, heroically, and in a
place where most needed and effec-
tive; not in the ranks, on the battle
field, but in the presence of the sick
and the dying. There her true nobil-
ity was gladly recognized and re-
warded by all good men; and
although her laurels are not as brill-
5 Clearly it would have been better to omit
quotation marks from these lame, and there-
fore misleading attempts at quotation. The
speaker doubtless had in mind the line m
Pope's Dunciad:
"Rides in the whirlwind and directs the
storm." , ,
But he was ignorant of its proper word-
ing, and too careless to supply it.— ED.
MYERS
214
WOMAN SUFFEAGE
Monday! MYERS LAugust 14
iant as those won by the soldier,
yet they are not less glorious .and as
imperishable. The names of the
women on this scroll of honor are
not the names of those who rally
around woman suffrage from .one
state to the other and forcing their
opinions upon unwilling hearers. In
a list of twenty names thus distin-
guished, prominent in this movement,
we do not find one that shines in
the history of the rebellion, a place
ot honor which they should have
coveted more than distinction in the
foul pool of politics. In our country
woman occupies a higher position in
her civil, social and political rights
than in any other. In this particular,
our country is far in advance of
Asia, the civilization of the heathen,
or iu Europe, the seat of every ref-
ormation, religious, social and mor-
al, and woman is still, to a painful
degree, the "bearer [hewers] of
wood and drawer [s] of water," un-
less loaded with artificial nobility
which they really enjoy in this
land of freedom, where all her
just rights are exercised, where no
unfriendly hand is raised against
her, and where she partakes of
every blessing and happiness that
men can confer. It has taken years
to accomplish this: it is the result of
a higher civilization, of cultivated
intelligence, and the reforms insti-
tuted by just and enlightened laws.
In the travels of the hardy explorer
into ice-locked regions of the north
pole, he beholds the grand, pure and
glistening glacial snow, piled up in
solid monumental column by the
snows of years, and perhaps of
ages. Each drop of snow has been
quietly deposited in its place by the
unseen hand of God, the emblem of
purity and love, until the peak is
only a little low^er than the angels.
But, sir, one snowflake too much,
one little atom too heavy for it to
bear, often sends this mass of purity
thundering and crushing into the
valleys below, where it disappears
from sight and form, forever, in the
common ocean. May we not break
down and forfeit all we have achiev-
ed for the benefit and advancement
of woman when we deposit this last
w^eight on the column which modern
civilization, by the grace of God,
has raised for her, and send all that
has been gained down deep in-
to the abyss of ruin, to mingle its
purity in the common and vulgar
ocean of politics and the pursuits of
men? I hope we will not do this.
We have gained this much, let us
not lose all in the effort to get more.
I see, Mr. President, that some
action has been taken in an adjoin-
ing state which may show the feeling
on the part of virtuous women on
this subject, when submitted to them
for action.
The board of re- isters of Claren-
don [Clarinda?], Iowa, lately de-
cided that women are entitled
to vote in that city, and the
names of all women of proper
age were placed on the rolls.
Several gentlemen, not liking this
movement, erased the names of their
wives. Several ladies, also, erased
their names. On the election day no
woman claimed the privilege, and the
men had it all their own way. Thus
may it ever be.
Mr. GRAY. Mr. President, the
question of striking out section 2 in
WOMAN SUFFRAGE
215
GRAY
[August 14
Monday]
the article relating to the rights of
suffrage involves this as its leading
question: Shall this convention so
frame the constitution that it may
provide that the legislature may,
by a law to be approved by the
electoral department of the state,
extend the electoral representation
to other classes other than to
native male citizens and 'male for-
eign born, as provided in section
one of the article. In my opinion
the section should not be stricken
out; and in support of this opinion
I desire, first, to call the attention
of gentlemen to the various de-
partments of our government. Our
government, sir, is divided into
first, the electoral; second, legisla-
tive; third, judicial; and fourth, ex-
ecutive departments. The first de-
partment is the one with which the
section under consideration is inti-
mately connected. It is one of the
distinct branches, to which is con-
fided the powers delegated by the
sovereign power of the common-
wealth. It is that branch of the
government, composed of the electors
of the state — the electors, sir, those
whose function is that of choosing
out of their own number the func-
tionaries employed in the other de-
partments, as well as that of enact-
ing the fundamental laws.
The electors, sir, they who com-
prise the suffrage-holders, or voters,
sometimes called the people — that
body who widely differ from all
other official bodies in this, consti-
tuting the largest body in the state.
They never assemble, but act in dis-
,tinct segments for the purpose of
•conference and cooperation. So
much I have said with a view to im-
press upon your minds the nature
of, and relation to the government
of this, department. Now, sir, is it
wise and statemanship to strike
out this section without giving it
due and careful consideration, with-
out first ascertaining to what degree
of perfection the constitution will
make the electoral representation of
the state? To strike it out and stand
by section one will be, in effect, to
say that conferring the elective fran-
chise upon male persons alone, as
provided for in that section, gives
to every citizen of this commonwealth
a fair and adequate representation.
And here allow me to refer to a
remark made by the honorable gen-
tleman from Otoe (Mr. Mason). He
has just told us that the right to
vote is a political right. I agree with
the gentleman in his definitions and
divisions of civil rights and political
rights, but can not, in his assertion
that the right .to exercise the elective
franchise is a political right. Sir,
I maintain that suff i age is not a right
at all. It is a duty enjoined upon,
or a trust committed to those citi-
zens styled electors, whose duties it
is to see to it that every citizen,
without distinction, receive through
them the right they are entitled to —
the right of being fairly and ade-
quately represented by them. Con-
nected with this matter of suffrage,
there are only two rights, one the
right of the commonwealth, in the
first instance, to determine who the
electors shall be and, thereafter, that
the electors shall determine who
shall compose the electoral depart-
ment whether an increase or dimin-
216
WOMAN SUFFKAGE
Monday]
GEAY
[August 14
isli [diminution] thereof; secondly,
the right of every citizen, as I have
before stated, to be, by the electoral
department, adequately represented.
Now, these are the only rights con-
nected with suffrage; and it is for us
to determine whether our constitu-
tion will be better with or without
the second section. It occurs to me
that it will not. There is a large
class of our citizens who are intelli-
gent, industrious, possessing large
landed estates in many instances, as
well as thousands of dollars in chat-
tel property; citizens who- pay taxes;
citizens who are in every respect
amenable to the civil and criminal
laws of the land, from which class
not one of the electoral department
of the government is taken; citizens
who have as near and dear interests
in the establishment and manage-
ment of the government as that class
from whom the electors are now
chosen. Gentlemen, shall this class,
constituting one-half of our whole
population — ^the females of our state
— be enfranchised as the males are,
to the extent that they may be ad-
mitted to the electoral department
of the government? The honorable
gentleman from Otoe (Mr. Mason)
objects to such enfrachisement, and
gives, as [among] other reasons, that
it will be not only damaging to fe-
males, but also to the body politic, to
the whole people. I desire to reply,
first, to the latter part of this ob-
jection. From the time that kings
first claimed that they held the
tenure of their kingly power
by divine right, to the pres-
ent time, every attempt to ad-
mit others to participate in the
management of the government than
those then in power, the objection
of the gentleman from Otoe has been
urged against it. Kings opposed;
but those near the throne, seeing that
the so-called divine right was more
their own fealty to their king than
the hedge of power, claimed by di-
vinity, to encompass the throne,
insisted on participating in the man-
agement of the government until
they were admitted as lords, minis-
ters, and other functionaries. Next,
^ as in England, for example, a whole-
some discontent arose in another
class clamoring to participate in the
government, the same objection was
urged; but, notwithstanding, a class
became participants in the govern-
! ment who are represented by the
house of commons. Next, we find in
, America the same objection urged
against a class known as the citizen
of African descent; but, notwith-
standing, they were admitted to be-
! come electors. And so it is, Mr.
: President, we now find it urged
[ against a most worthy and intelli-
gent class of our citizens; but, sir,
the history of the past augurs most
favorably for the future; and, as
certain as time shall come and pass,
this class shall, and will be permitted
as electors to give themselves a fair
and adequate representation in the
management of the government.
Mr. STEVENSON. I move we ad-
journ.
The motion was agreed to and the
convention, at ten o'clock adjourned.
WOMAN SUFFRAGE
217
Tuesday]
FORTY-FOURTH DAY
Tuesday, August 15, 1871.
The convention met at eight o'clock
and was called to order by the presi-
dent.
Prayer.
Prayer was offered by the chap-
lain, as follows:
Almighty and all wise God, help us
today. Teach us and save us this day.
Bless all the people. May we be glad,
because of the glory of God. May we
desire to see Thy will done every-
where, even everywhere, the wide
world over. Amen.
Reading of the Journal.
The journal of the last day's pro-
ceedings was read and approved.
Leave of Absence.
Mr. KIRKPATRICK. I desire to
ask leave of absence for my colleague,
Mr. Kenaston, until two o'clock this
afternoon.
Leave granted.
Rights of Suffrage.
Mr. BALLARD. I move that the
convention now take up for consider-
ation the report of the committee on
rights of suffrage.
The motion was agreed to.
The PRESIDENT. The question is
now, gentlemen, upon striking out
section 2.
Mr. VIFQUAIN. I move the pre-
vious question,
Mr. MANDERSON. I move a call
of the house.
The PRESIDENT. The previous
question being demanded, the ques-
tion is, shall the main question be
now put?
Mr. HASCALL. As several gen-
' tlemen have spoken I hope that oth-
ers will be allowed to speak for a
[August 15
few minutes. We can take this up
this evening.
Mr. MASON. I hope, since I, and
several other gentlemen, have had
the courtesy extended to us of ex-
pressing our views upon this subject,
that we will permit others a like
courtesy.
The convention divided and the
call for the main question was
agreed to.
Mr. STEWART. I demand the
ayes and nays.
Mr. MANDERSON. I now move a
call of the house. I think it is in or-
der
The PRESIDENT. That is not in
order.
The secretary proceeded to call the
roll.
Mr. MASON, when his name was
called. Mr. President, I desire to
explain. I do not believe, sir, in this
sort of proceeding. Had this question
been fully considered I should have
voted to strike out; but, where a
judgment of this kind is sought to be
taken, I vote no.
Mr. MANDERSON, when his
name was called. Mr. President, I
do not choose to vote unless com-
pelled to vote by this convention.
(Vote! Vote!) Then I vote aye, for
the purpose of reconsidering the vote
and relieve ourselves of such traps
as this.
Mr. PHILPOTT, when his name
was called. If the gentleman from
Douglas (Mr. Manderson) had not
voted aye I would for the same rea-
son. But now I will vote no.
Mr. WAKELEY, when his name
was called. Mr. President, I very
much regret that the previous ques-
BALLARD—VirQUAIN— MANDERSON— HASCALL— STEWART—
PHILPOTT— WAKELEY
218
WOMAN SUFFEAGE
Tuesday]
tion has been ordered; that this vote
is being taken without a call of the
house. But, at the same time, I must
vote my opinions upon this question,
and I vote aye.
The president announced the re-
sult, ayes 23, nays 10, as follows:
YEAS.
Abbott,
Stewart,
Ballard,
Sprague,
Boyd,
Scofield,
Campbell,
"■('homps.
Gibbs,
Thummel,
Granger,
Tisdel,
Gray,
Towle,
Griggs,
"Vifquain,
Manderson,
Wakeley,
Newsom,
Weaver,
Parchen,
Wilson. — 23.
Stevenson,
NAYS.
Hascall,
Majors,
Kenaston,
Mason,
Kilburn,
Myers,
Kirkpatrick,
Philpott,
Lyon,
Sbaff. — 10.
ABSENT AND NOT VOTING.
Curtis,
McCann,
Cassell,
Neligh,
Eaton,
Parker,
Estabrook,
Price,
Grenell,
Reynolds,
Hinman,
Robinson,
Lake,
Speice,
Ley,
Woolworth,
Maxwell,
Mr. President. — 19
Moore,
So the motion to strike out was
agreed to.
Call
of the House.
Mr. MANDERSON. Mr. President,
I move a call
of the house.
The secretary proceeded to call the
roll, which resulted, present 3 5, ab-
sent 17, as follows:
1
PRESENT.
Abbott,
Parchen,
Ballard,
Philpott,
Boyd,
R(!ynolds,
Campbell,
Stevenson,
Estabrook,
Stewart,
[August 1'
Gibbs,
Sprague,
Granger,
Scofield,
Gray,
Shaff,
Griggs,
Thomas,
Hascall,
Thummel,
Kenaston,
Tisdel,
Kilburn,
Towle,
Kirkpatrick,
Vifquain,
Lyon,
Wakeley,
Majors,
ver.
Manderson,
Wilson,
Myers,
Mr. President. — 3 5
Newsom,
ABSENT.
Curtis,
Moore,
Eaton,
McCann,
Grenell,
Neligh,
Hinman,
Parker,
Lake,
Price,
Ley,
Robinson,
IMason,
Speice,
Maxwell,
Woolworth . — -1 7
Mr. STEWART. Mr. President, I
move that all further proceedings
under the call of the house be dis-
pensed with.
Mr. MANDERSON. Mr. President,
I hope the motion will not prevail,
and I think it is time that absentees
should be sent for. These are the im-
portant days of the convention, and
they should be here.
The PRESIDENT. The question
is upon the motion to dispense witli
further proceedings under call of the
house.
The convention divided, and the
motion was not agreed to.
Mr. MANDERSON. Mr. Presideur,
I move that the sergeant at arms be
dispatched after absentees.
The PRESIDENT. The question is
upon the motion to dispatch th«e
sergeant at arms after absentees.
The motion was agreed to.
The sergeant at arms was fur-
nished with a list of the names ot
absentees.
MAN DE R S X— S T E W ART
WOMAN SUFFRAGE
219
Tuesday]
MANDERSON— MASON— BALLARD— P:STABE00K—SP'EAGUE-
HASCALL
[August II;
Mr. STEWART. Mr. President, I
move that all further proceedings
under call of the house be dispensed
with.
The PRESIDENT. The question is
upon the motion of the gentleman
from Pawnee (Mr. Stewart).
Mr. MANDERSON. Mr. President,
I think that the motion is out of or-
der. Does the president decide that
it is in order?
The PRESIDENT. Yes, sir.
Mr. MANDERSON. Then I ap-
peal from the decision of the chair.
Nothing can be done further, while
under call of the house, until the ser-
geant at arms makes report.
Mr. MASON. Mr. President, in
respect to this matter under consid-
eration, a majority of the house may
believe that this proposition is not
a wise one. All that is very well,
but if gentlemen suppose that the
cause which I advocate with them
is to be advanced by attempting to
squelch debate, they will find that
they are mistaken. It is like trying
to win a battle with cowards. Call
to your minds the recollections of
the last twenty years. Many of the
leading men of the country resolved
that agitation of the slavery question
should cease; but men would dis-
cuss that question and their decrees
were in vain.
And what I say, Mr. President, is
this, that if we hold the right on this
question, let us challenge discussion
and meet the opposition. I, for one,
am in favor of giving this and every
principle a fair hearing. It is not
a waste of time that sows the seed of
truth in the brain. And, say what
you will, you but aid the cause you
seek to depose the very instant you
seek to suppres discussion. It is on
this point that I ask this convention
to hear these gentlemen in what they
have to say. If we are right, we
should not strive to stifle discussion.
Whatever may be the order of the
house in regard to the ruling of the
chair, I do hope that we will hear
this question through. I am not one
of those who think it is time lost.
Time lost? I suppose that eighteen
hundred years ago, when the lone
preacher stood in the temple, the
scribes and Pharisees cried, "Time
lost," and treason preached. I hope
we will so far go back as to allow
this discussion to go on. I know of
men who have prepared arguments
on this question.
Mr. BALLARD. I would like to
know why this question should have
more time than any other question
in this convention.
Mr. ESTABROOK. Let me answer
that, sir. The answer is in the
packed galleries we have when the
question is discussed.
Mr. MASON. I think I can tell.
Because it proposes an innovation. I
used to hear on the other question,
when it was nigger for breakfast,
nigger for dinner, nigger for supper,
and nigger for a bedfellow, until the
nigger got his rights.
Mr. SPRAGUE. Mr. President, I
will make a proposition: let this
matter go on and be engrossed, and
then, if some one wants to discuss
this question, they can introduce it
as a separate proposition, and dis-
cuss it this evening.
Mr. HASCALL. I am inclined to
believe the ruling of the chair is cor-
220
WOMAN SUFFRAGE
Tuesday] MANDERSOA^—NEWSOM— MASON [August 15
rect and shall vote to sustain it.
The PRESIDENT. Shall the de-
cision of the chair be sustained?
The yeas and nays were demand-
ed.
The secretary called the roll and
the president announced the result,
yeas 34, nays 4, as follows:
Abbott, '
Ballard,
Boyd,
Campbell,
Cassell,
Gibbs,
Granger,
Gray,
Griggs,
Hascall,
Kenaston,
Kirkpatrick,
Lyon,
Majors,
Mason,
Moore,
Myers,
Estabrook,
Kilburn,
YEAS
Newsom,
Parchen,
Philpott,
Reynolds,
Stevenson,
Stewart,
Sprague,
Scofield,
Shaft,
Thomas.
Thummel,
Tisdel,
Towle,
Vifquain,,
Wakeley,'
Wilson,
Woolworth. — 34
NAYS.
Manderson,
Weaver. — 4
ABSENT OR NOT VOTING.
Curtis,
Eaton,
Grenell,
Hinman,
Lake,
Ley,
Maxwell,
McCann,
Neligh,
Parker,
Price,
Robinson,
Speice,
Mr. President.
Estabrook,
Hascall,
Manderson,
Abbott,
Ballard,
Boyd,
Campbell,
Cassell,
Gibbs,
Granger,
Gray,
Griggs,
Kenaston,
Kilburn,
Kirkpatrick,
Lyon,
Majors,
Mason,
Moore,
Myers,
YEAS.
Philpott,
Weaver. — 5.
NAYS.
Newsom,
Parchen,
Reynolds,
Robinson,
Stevenson,
Stewart,
Sprague,
Scofield,
Shaff,
Thomas,
Thummel,
Tisdel,
Towle,
Vifquain,
Wakeley,
Wilson,
Woolworth. — 3 4,
ABSENT, OR NOT VOTING.
^IcCann,
Neligh,
Parker,
Price,
Sneice,
Mr. President. — 13-
■14
So the decision of the chair was
sustained and further proceedings
under call of the house dispensed
with.
Mr. MANJ3ERS0N. Mr. President,
I move we adjourn until two o'clock.
The yeas and nays were demanded, i
The secretary called the roll, and
the president announced the result,
yeas 5, nays 3 4, as follows:
Curtis,
Eaton,
Grenell,
Hinman,
Lake,
Ley,
Maxwell,
So the motion to adjourn was
not agreed to.
Mr. NEWSOM. Mr. President, I
move to reconsider the motion by
which that section was stricken out.
Mr. MANDERSON. I wish to
amend, that the vote be postponed
until eight o'clock this evening.
The PRESIDENT. The motion to
reconsider has precedence.
Mr. MANDERSON. I move to
postpone to reconsider until this eve-
ning.
The PR1^:SI1)ENT. You cannot do
that.
Mr. MANDERSON. I can do it a
thousand times if I want to.
Mr. MASON. I now move to lay
the motion of Mr. Manderson, to post-
WOMAN SUFFEAGE 221
Tuesday]
A'EWSON-ESTABROOK— BALLARD— HASCALL-MASON—
MANDERS ON— WILSON
[August 15
pone until eight o'cloclt this evening,
on the table.
The PRESIDENT. Rule 34 says:
When a question has been once put
and carried, in the affirmative or
negative, it shall be in order for a
member of the majority to move for
a reconsideration thereof; but no mo-
tion for the reconsideration of any
vote shall be in order after the ex-
piration of two business days. Such
motion shall take precedence of all
other questions, except a motion to
adjourn,
Mr. NEWSOM. Now, Mr. Presi-
dent, is it right for my colleague,
(Judge Mason) to move to amend?
The PRESIDENT. In all parlia-
mentary law that would be the law, \
but it is not in our rules. I am com- ■
pelled to obey our rules.
Mr. ESTABROOK. Which is the;
rule the president refers to?
"Question! Question! Question!"
Mr. ESTABROOK. Oh, yes! You
choke me down. I appeal from the |
decision of the chair. '
The PRESIDENT. Shall the de-
cision of the chair be sustained?
The motion was agreed to.
Mr. ESTABROOK. I appeal from
the decision of the house, and de-
mand the ayes and nays.
Mr. BALLARD. I do hope the re-
porters will write here, "Ridiculous! '
Ridiculous! Ridiculous!"
The PRESIDENT. The question
is upon reconsidering the vote by!
which the section was stricken out. i
Mr. HASCALL. I move to adjourn j
until one o'clock and demand the ;
ayes and noes. I
The PRESIDENT. That is not in !
order. |
Mr. MASON. I desire to say, let |
us vote down the motion to reconsid- j
er, and then, for the friends of this
measure, I hoid in my hand a propo-
sition which I will offer, which will
open up this field once again. There
i-; no necessity for this species of
generalship.
The PRESIDENT. The motion to
reconsider is in order.
Mr. MANDERSON. I have re-
ceived, with other gentlemen, some
censure for this parliamentary gen-
eralship, but I wished merely to show
to certain gentlemen that it was no
way to save time to attempt to
choke down debate upon this ques-
tion. As I understand it, the ques-
tion is to reconsider the vote by
which section 2 was stricken out.
I hope that motion will prevail, and
that we will proceed to a reconsider-
ation of that question, and I give
notice to gentlemen that until we
get this proposition on female suf-
frage in some debatable form, so that
its friends and others can speak,
we will filibuster until the last
moment.
Mr. WILSON. This idea of some
of these gentlemen from Douglas
county coming here and spending
three hours and twenty minutes in
a single speech upon one question is
too much for me, especially when one
of those same gentlemen prescribes a
mustard plaster for others. (Laugh-
ter.) I consider they are making a
set of fools of themselves here, in-
stead of attending to their business.
(Laughter.) I will not sit here and
listen to these bags of gas. (Laugh-
ter.) If these reporters were not
here, there w^ould not be one-half
as much said, or if you bring this
question up in the daytime, when
WOMAN SUFFBAGE
Tuesday]
HAS CALL
[August ].:
there is not so much eye-rolling in the
gallery, there would be nothing said.
(Laughter.) I was perfectly willing
to go to work and abide by the rule
ol this house. Every soul here
might speak fifteen minutes, but the
idea of occupying three hours and
twenty minutes with one speech is
like a song with ninety-nine verses
in, all alike. It puts me out of
liumor. (Laughter.) I hope, if you
will reconsider this, that each man
vx'ill be restricted to the time.
Mr. HASCALL. As the gentleman
from Johnson (Mr. Wilson) has
discussed a question not before the
house, I wish to discuss one that is,
the motion to adjourn until a time
certain, one o'clock.
The PRESIDENT. That is not in
order.
Mr. HASCALL. Then I wish to
be heard more than ever. The rea-
son I desire an adjournment is,
I thought it would bring us out of
this difficulty. The apportionment
committee would meet and we could
consider that article; and there are
other committees who could do val-
uable work, and we would lose no
time. As this is a duestion of re-
consideration 1 hope gentlemen will
look at it in its ti-ue light. No one
has been more uniform in sustaining
the consideration of propositions that
were adverse to themselves than my-
self. If a proposition had supporters
and advocates, and was one of the
questions of the times, and about
which the sentiment in the state
differed, I have invariably been in
favor of giving it a fair considera-
tion. If we submit this proposition
separately to the male voters and
they decide against it, that settles
it. There may be some gentlemen
here who have wives at home, who
are afraid that this agitation will
place their wives in rebellion against
them, and place themselves in a pe-
culiar position at home. Now, I
think they should be braver thsn
that, and not be afraid.
Now, I don't think that they ought
to go upon that theory. They ought
to face the music. They ought to
consider that they and their wives
are intended to go upon an equality.
There are persons who claim that
all ought to have equal rights, so
far as the right of franchise is con-
cerned. It is true that individual
members have branched out p,rid said
that, if you give women the right to
vote, they must engage in all the
other duties of life in which men
engage; that they must fight, sit on
juries, etc; but I do not consider that
this need to follow, at all. They
might be exempted from some of the
more disagreeable duties which now
devolve upon man. Now, sir, I think
we should postpone this matter un-
til eight o'clock this evening. So far,
v/e have wasted no time in the dis-
cussion of this question; for we have
always considered it of evenings,
when we had nothing else to do, or
would not have done anything if we
had not discussed this subject. We
are not hurried for time, just now.
The most important thing for us to
consider, now. is the article presented
by the schedule committee, and
when this is considered, with one or
two other matters which do not re-
quire much time, the work of the
convention is finished. We can well
WOMAN SUFFEAGE
223
Tuesday]
affoid to take the time this evening,
and give gentlemen who have short
speeches upon this subject a cliance
to be heard. They wish to be heard
and it is right they should have the
privilege. You can't choke men
down upon this matter. Agitation
will go on in this convention until
members are heard. After they have
been heard here, the agitation, so
far as this convention is concerned,
vv^ill cease. I hope this motion to
reconsider will prevail and that this
subject will be made the special or-
der for eight o'clock.
Mr. WEAVER. Mr. President, if
there is a man in this convention
who desires to defeat this question
of female suffrage it is myself; but
I wish to do it in a fair, manly way.
I tell you I am opposed to these little,
one-horse games. The gentleman
from Washington (Mr. Ballard) gets
up and talks about wasting time. It
ir, just such gentlemen as himself
who are wasting the time of this
convention. If it had not been for
such men this question would have
been disposed of before this. I am in
favor of having thTs question of fe-
male suffrage discussed. I don't want
any of these gentlemen who favor
female suffrage to go home and say
they Vv^ere not allowed a fair oppor-
tunity to make themselves heard.
Mr. BALLARD. Mr. President, I
wish to know what gentlemen come
here for. I wish some gentleman
would tell this august body for what
purpose we came here.
Mr. WEAVER, I came here for an
interchange of thought.
Mr. BALLARD. If I am not mis-
taken, gentlemen come here to as-
[ August ]5
sist each other in making a con-
stitution for .the state of Nebraska.
In doing this, it becomes necessary
to give to each question that dis-
cussion which the question deserves.
Now, as to the question upon dis-
cussion, no gentleman upon this
floor desires to choke it. If the
honorable gentlemen who talk upon
this question will tell us how much
time they wish, then Ave might ar-
range the matter. I undertake to say
that if the doors of that gallery were
closed the discussion would soon
cease. Who wants to choke-
off discussion? Have we not
listened here to speeches two hours
long? If the people were as anxious,
and as much interested in this mat-
ter as is represented, would not pe-
titions be coming in here by the hun-
dred, praying this convention to pro-
vide for female suffrage? I am not
opposed so strongly to allowing this-
to go before the people as a separate
article, but I am opposed to spending
so much time in idle talk.
Mr. MANDERSON. Will the gen-
tleman permit me to inform him that
there have been fifty petitions sent
here asking for female suffrage to
where there is one with regard to
the matter of restricting counties
in voting railroad bonds. There are
petitions with two hundred and fifty
names on them, lying in the desk of
Mr. Maxwell, the chairman of the
committee on rights of suffrage.
Mr. BALLARD. Well, sir, as I
said before, I am not so strongly
opposed to this proposition, but I
am opposed to this foolish waste of
time. Look at the papers which
come here from all parts of the state.
WEAVER— BALLARD— MANDERSON
224
WOMAN SUFFEAGE
Tuesday]
TOWLE— STEVENSON— PHILPOTT
[Augaist 15
All of them are talking about the
length of time we have been in ses-
sion here. I have no disposition to
<3hoke off debate, but, sir, I have
heard speeches upon this suffrage
question, over and over again, until
I am tired of it. Therefore, I say I
hope this convention will get to busi-
ness and stop this everlasting debate
on the suffrage question. But one
word more and I shall be done. I
hope the gentlemen of this conven-
tion will not be so weak-kneed to-
day as they have been on former oc-
casions. We have always defeated
adjournment on the first ballot, hvt
some weak-kneed ones have given
away.
Mr. TOWLE. Mr. President, I
don't think it is the desire of any
one to stifle discussion, and if it is
desired to discuss this question let it
be continued until tonight and to-
morrow night, and then individuals
can speak, and If more desire to
speak than have time to spealc, they
can hand in their written speeches to
the reporters and have them pub-
lished. There will be no objection
to that.
Mr. STEVENSON. Mr. Presi-
dent, I hope this motion to recon-
sider will not prevail. This discus-
sion has been up for two or three
nights, and gentlemen have gone
into the matter far beyond what is
in order here. This second section
does not apply to the extension of
the rights of suffrage to the women
or to any other individuals. I hope
the gentlemen who voted for the pre-
vious question will stick to it. I
have not said anything on the ques-
tion, but I want it distinctly under- j
stood that I am against it in every
shape and form, and I don't think
this previous question will debar me,
or any one one else, from discussing
this question when it comes up in the
proper place.
Mr. PHILPOTT. Mr. President, 1
sincerely hope that the question to
reconsider will prevail. This I do for
the following reasons. Section 2 of
the bill on the rights of suffrage in-
volves in its discussion the question/
whether electoral representation may
be extended to some other class or
classes than only to male citizens,
either native or foreign born. Sir,
:n my opinion, the framing of the
constitution should be such that the
commonwealth may at any time here-
after submit the question of electoral
representation so as to include any
class of citizens who by the present
mode may not be "fairly and ade-
quately" represented, if any such
there be. It should be a question
left with the people, that exact jus-
tice and equity may be meted out
to all. Will gentlemen remember
that this question is one closely con-
nected with that great, grand division
of our constitutional government
known as the electoral department?
Why, gentlemen, this question is one
worthy of our careful and most de-
liberate consideration.
Are gentlemen here ready to say
that the electoral department of our
government is so perfect that it can
not be amended? Are they willing
to say that the system is so perfect
that every citizen of the common-
wealth is fairly, equitably and ade-
quately represented, and that no ex-
igencies or circumstances may exist
WOMAN SUFFEAGE
225
Tuesday]
in the future by which electoral rep-
resentation may be extended to other
classes? Let the question be recon-
xsidered; and let gentlemen meet us
in honest, fair debate, all with minds
open to conviction, that fair, impar-
.tial justice may be done to ourselves,
our constituents and those who are
to come hereafter.
Mr. SPRAGUE. Mr. President,
I do wish to say to the members of
this convention that I think it is high
time that we were doing something.
It is the universal desire to get
through this week. I disclaim any
desire to cut off discussion. I am
decidedly opposed to submitting this
question at any time. I have noth-
ing to fear. I believe that neither
by the laws of God or m^an that they
are entitled to vote; hence I was
willing to have it go to the people.
I think they would vote it down. It
has been the action of this conven-
tion, once or twice expressed, that
they will not allow this matter to go
into the constitution. Why not, in
all sense, let that action, thus ex-
pressed, settle this matter? Let us
go on and dispose of this section
that it may go to the committee on
engrossment.
Mr. KIRKPATRICK. Mr. Presi-
dent, I ris-e to say I shall support
the motion to reconsider. There is
a little chapter of history connected
with this whole subject in this con-
vention. When the report of the
committee on suffrage was introduced
it was taken up in committee of the
whole. A question at once w^as sprung
of striking out the second section;
and, in order to get rid of that motion
for the time being, a motion was
[August 15
made that the committee rise, re-
port to the convention and recom-
mend that the article be recommit-
ted. That motion v^as made by the
chairman of that committee (Mr.
Maxwell). Then it was reported back
again to the convention, taken up,
and a motion made to strike out the
second section. I do not propose,
now, to discuss this proposition of
female suffrage, neither do I indicate
how I would vote upon that as a sep-
arate question. I desire information
on this question, and say, now, I am
not ready to endorse the proposition
giving to females the right of suf-
frage. I hope this motion to re-
consider will prevail. There are
some gentlemen here great econo-
mists. The gentleman from Wash-
ington (Mr. Ballard), for whom I
have great respect, rose six times
to discuss a single proposition yes-
terday, and without being called to
order; and I was glad to hear him.
I am not prepared to say anything
on this great principle of female suf-
frage. I claim every just, civil and
political right has its foundation
upon a natural right. "Truth
crushed to earth will rise again."
Mr. MOORE. Mr. President,
this saving of the people's money
is a sublime idea, but when you un-
dertake to do that by doing a greater
wrong to the people and ourselves
then you end in the ridiculous. It
is said, "the more haste the less
speed," and the experience of man-
kind has carried that out. It has
been said by some that this subject
should take no more time than any-
thing else before it. Let me say,
while it may not be as deep a ques-
SPRAGUE— KIRKPATRICK— MOORE
226
WOMAN SUFFRAGE
Tuesday]
ROBINSON— NEWSOM
[August 15
tion as some others, yet it is a new
subject, and time siiould be taken to
consider it. There is an element in
human nature that, when you begin
to drive a man, that minute he be-
comes a mule, and kicks back. It
is as true as the day. While I have
not been a strong advocate of woman
suffrage and am not an advocate at
this time; I believe that tiie ladies of
this land do not desire it, [and I will
vote against engrafting a provision
of this kind in the constitution, yet
I am in favor of this proposition be-
ing submitted to the people, male
and female. Let them vote upon
the subject. If the females choose
to vote to serve on juries and take
upo?! themselves all the onerous la-
bor devolving upon men, let them
try it. I do not believe in this thing
of choking down discussion. If Uiese
gentlemen who advocate female suf-
frage have got arguments to sustain
themselves, and we are unable to
meet them, I say their cause ought
to triumph. I am just as much in
favor of getting home as any ir.an
here. I need to be home, and -vill
have to go out and work with my
hands to make money to pay my
board bill here. I am willing to stay
three weeks and have this great
question discussed.
Mr. IIOBINSON. I hope this mo-
tion to reconsider will prevail. I
have not listened to all the discus-
sion, but, as far as I could gather
last night, this subject has been dis-
cussed entirely in relation to the
rights of the female sex to suffraj^e;
and there is one aspect in which I
would like to hear it discussed, and
that is the social aspect of the mat-
ter. We all know our social system
is by no means perfect. I would like
gentlemen to show whether it would
not have a tendency to regenerate
that system and make women, as a
class, more efficient than they are,
so that this bread-and-butter school-
girl system should go out of fashion
and the "practical brought into reqai-
sition. I hope the motion to recon-
sider will prevail, and this matter
be left open to discussion until all
should be willing to close it.
Mr. NEWSOM. I desire to call the
attention of those who are agreeing
with me to one view: whether or
not one or two gentlemen can inflict
upon all the members of this con-
vention their everlasting gas is a
question which this convention
should consider. We can defeat this
question two to one, and it is a ques-
tion with this two to one whether
this thing shall be inflicted upon
them hour by hour. We are not dis-
posed to choke discussion, but to as-
sert our rights. Should not the ma-
jority have rights in this questioii
as well as other gentlemen? And,
still, one or two gentlemen insist that
we are choking discussion. Sir, it
is our right and duty, if we say we
have had enough of this; it is our
privilege and right, and we do not
interfere with any man when we in-
sist upon it. The gentlemen upon
the other hand have taken a wrong
view of this subject. It is a minor-
ity, and a very small one, which
wishes to press this matter upon u^.
A,nd when these gentlemen come in
with their proposition 1 shall move
the previous question upon that and:
endeavor to kill it. 1 see no pro-
WOMAN SUFFEAGE
•227
■ Tuesday]
ESa^ABROOK— X1<:WS0M
[August l.j
priety in this minority coming in i
here. [
Mr. ESTABROOK. It comes grace- ;
fully from the gentleman from Otoe \
(Mr. Newsom) to talk about trifling!
with the feelings and proceedings of i
this convention: — a gentleman who I
has invented more new^ w^ays of play- ;
ing the fool here than all the mem- {
hers combined; who has doubled up I
more sheets of paper into darts and I
hurled them, and made men dodge,
than any other man. (Laughter.)
Mr. NEWSOM. Simply because
men were jackasses. If I had a pa-
par ball now I would throw it. i
Mr. ESTABROOK. He has made
more artificial humbugs and has
tickled the noses and ears of mem-
bers until he has been called to order.
Now for him to talk about trifling
with the feelings of this convention!
It almost causes a stage laugh on my
part. But what a man says to him
has little effect. The gentleman
from Washington (Mr. Ballard) has
talked to us about trifling and waste
of time. For my own individual self,
I never missed a roll call but once
— and then I was at the foot of the
stairs— since the convention con-
vened. He has been home for ten
days, and spat upon his hands and
taken fresh courage; and no sooner
did he come in at the door than he
began to express a desire to get
away. (Laughter.) If he desires
to go home let him go; we man-
aged to survive his absence, and I
think we could survive it in the fu-
ture. So far as I am concerned, he
can go home and stay there until the
«lose of the convention, and then we
shall not be annoyed by a constant
repetition of his desire to get
through. There are some men who
conie here with three or four con-
stitutions already compiled, within
their own brain. They do not desire
to have a discussion, and I think we
could have selected about four men
to give us their courage and brain,
and we could have gone home. Men
have said here, vauntingly, and said
nothing could change them. They
came .as Minerva came from Jupiter's
head; they were full-fledged as soon
as they arrived. The man who un-
dertakes to tell me his mind is made
up, that he can vote upon a nice
question of constitutional law with-
out hearing discussion, is a humbug,
a quack and has no business in this
convention. He is a drag, does not
understand whether constitution is
spelled with a k or a c. (Laughter.)
And they can go and come and this
convention would never miss them,
and it would be better for this con-
stitution that they should not put
their footprints upon it at all.
In the first place it was noticed
as having been a provision of the
constitution of another state. But,
sir, let us see. It is not proposed
*by this section, which is so ruth-
lessly cast out, to constrain anybody
to vote against their will. It is sim-
ply a provision, not to secure woman
suffrage, but one which enables the
majority to rule; and whenever, by
the advancing sentiment which
everywhere characterizes the age in
which we live, he shall have arrived
at the point when the people desire
it, who is there here who will say
the people shall not have it their
way? Then it came here, and a mo-
228
WOMAN SUFFEAGE
Tuesday]
ESTABROOK
tion was made by the chairman of
the committee, to be sure, to strike
out. While that was pending I in-
sisted that it should go back for the
consideration of the committee, that
they might take the question as to
whether it should be submitted as a
separate proposition and report to
this convention. The chairman never
called the committee together, and
returned it when there was not a
member consulted in regard to it. I
do not think any man was consulted
about it, and none called together
for discussion. It was reported with-
out recommendation, and the chair-
man moved that it be strangled. That
is the treatment this thing received,
Avhicli is a very mild form to enable
a majority, when they shall arrive at
the point to desire it, to carry this
question; and what does their side
propose? That the bar should be
forever shut, when the public sen-
timent is against the right of
woman to vote. Now, it is inquired,
what is there in this question more
than in any other? I think the
friends of this measure have been
very considerate; they have never
asked that it take an hour or a sec-
ond, except to report, in the day time.
They have asked-— and it was done
at the motion of my friend, Mr.
Weaver — that the evening be
taken up to discuss, out of business
hourn. The evening is an appro-
propriate time for the discussion of
an important question. Now what
is its character? Sir, the packed
galleries for three nights, and so
often as you will give notice that
this will be the theme of discussion,
answers the question. The people
[August lo-
are anxious to know, and you may
announce that the best speakers in
this body shall discuss any other
topic, and there shall not be a cor-
poral's guard in this gallery. But it
is a subject which agitates the pub-
lic mind; it is, indeed, the only po-
litical question that has essential
bottom and principle in it. It is no
less a question than that of woman's
rights. The same question was agi-
tated at the time when tea was com-
ing into Boston harbor. It is a
question of individual woman's
rights, and everybody is involved.
Who shall say that Mr. Lake, who is
absent today on professional busi-
ness, and who is in favor of this ques-
tion, should be deprived of the priv-
ilege of expressing himself in behalf
ot a very respectable constituency?
Who shall say his constituents shall
i^e choked down here? If gentlemen
have not time to wait and hear me
I will vote that they shall have leave
Ol ai)sence and that the sergeant at
arms be sent after them when I was
done speaking. But it goes on rec-
ord and that is right. Our constit-
uency demand to know how this
question has been discussed.
Now, sir, if you want to choke it
down — you say, some of you, that
there are rights under legislative
parliamentary proceedings — if you
try to put a gag upon the rights of
our wives and our sisters we will
stand here and insist upon them.
"We know our rights, and know-
ing them we will dare to maintain."'^
[ say that no man here has brains
f). This qnotiition— from Sir William .Ton.s
- is vvido f)f tlio miiriv. Correctly it slioui<i
l)(>. "Hut know their rijAhts, ,ni.l. liiiowiti'^ .
(lure maintain."— KT>.
WOMAN SUFFEAGE
0«'
29
WILSON-BALLARD-SPRAGUE-ESTABROOK-WAKELEY [August 15^
Tuesday]
enough upon his shoulders to answer
the arguments which can be brought
in defense of the principles we ad-
vocate and explain why the woman
who is taxed and the woman who is
governed should be so taxed and so
governed without having a voice in
the matter. I say there is* not
enough brains in this convention to
show the justice in this.
Mr. WILSON. Mr. President,
I have no doubt but that the gen-
tleman from Douglas (Mr. Esta-
brook) Vv^ould be very glad to get the
friends of his section out of the
room. I think there are gentlemen
in this room who will vote for Gen-
eral Estabrook being excused, as
well as to vote for Wilson being ex-
cused. Wilson keeps his seat, and
don't make a blasted fool of him-
self. (Laughter.)
Mr. BALLARD. Mr. President,
one word in answer to my friend,
General Estabrook. He complains
that I went home. I did so, it is
true. I had a sick child at home and
the man who would not go home
under such circumstances would not
be human. He claims, also, that I
am a clog upon the wheels of this
convention. Who has taken up the
time of this body, myself or the gen-
tleman from Douglas (Mr. Esta-
brook) ?
Mr. SPRAGUE. Mr. President,
the gentleman from Douglas (Mr.
Estabrook) seems to make the charge
that the chairman of this committee
has not dealt fairly with the mem-
bers of the committee, by reason of
his not giving notice of the com-
mittee meeting. That, sir, is not
a fair statement. The chair-
m.an, Mr. Maxwell, did give no-
tice of the time at which the com-
mittee would meet. At the hour ap-
pointed another committee, with
which the chairman of our commit-
tee was connected, was to meet. Com-
ing here, he found that Mr. Esta-
brook was not here, so he went to
the meeting of the other committee,"'
leaving his papers with me, telling
me to tell Mr. Estabrook of the meet-
ing of the other committee. I went
to Mr. Estabrook and told him what
Mr. Maxwell had said, and Mr. Esta-
brook said that section 2 was just
what he wanted and that it was not
necessary to get the committee to-
gether, as Mr. Maxwell had told us-
to do, in order to act upon that prop-
osition. Judge Lake said the same.
Mr. ESTABROOIv. If I said such
a thing it was when I was asleep or
crazy.
Mr. SPRAGUE. It might have-
been when you were crazy.
Mr. ESTABROOK. Does the gen-
tleman say I Avas present at any-
time before this report was present-
ed to the convention?
Mr. SPRAGUE. Yes, sir, I do.
The PRESIDENT pro tempore.
The question is upon the motion to
reconsider the vote by which the sec-
tion was stricken out.
The yeas and nays being demand-
ed, the secretary proceeded to call
the roll.
Mr. WAKELBY, when his name
was called. Mr. President, I
shall vote to reconsider this proposi-
tion, simply for the purpose of giv-
ing those who wish to speak a chance..
I vote aye.
230
WOMAN SUFFEAGE
Tuesday]
WEAVER— MASON— NEWSOM— MYERS— BOTD—PHILPOTT
[August 15
Mr. WEAVER, when his name was
called. Mr. President, I vote
aye because I don't w^ish to have it
said that we cut off debate upon this
question.
The president announced the re-
sult, yeas 17, nays 2 0, as follows:
YEAS.
Cassel, Myers,
Estabrook, Philpott,
Kilburn, Robinson,
Kirkpatrick, Scofield,
Lyon, Shaft,
Majors, Thomas,
Mason, Wakeley,
Manderson, AVeaver. — 17.
Moore,
NAYS.
Abbott, Parchen,
Ballard, Reynolds,
Boyd, Stevenson,
Campbell, Stewart,
Gibbs., Sprague,
Granger, Thummel,
Gray, Tisdel.
Griggs. Towle.
Hascall, Vifquain,
Newsom, AV'ijscn. — 2 0.
ABSENT OR NOT VOTING.
Curtis, McCann,
Eaton, Neligh.
Grenell, Parker,
Plinman, Price,
Kenaston, Speice,
Lake, Woolworth,
Ley, Mr. President. — 15
Maxwell,
So the motion to reconsider was
not agreed to.
Mr. MASON. Mr. PRESIDENT, I
now move to insert in the place of
the section stricken out the follow-
ing:
The legislature may provide by
general law for the extension of the
right of suffrage to females of the
state having the qualifications of
electors other than that of sex; but
no such law shall take effect or be
in force until the same shall have
been submitted to a vote of the elec-
tors and the vote of the class pro-
posed by law to be enfranchised and
receive a majority of the votes cast
on that subject by each of the classes
entitled to the right of suffrage, the
male and the female proposed to be
enfranchised by said act; and the
legislature shall provide by law for
taking the vote of the females afore-
said, at their various places of resi-
dence.
I move that this proposition be in-
serted in the place of the section
stricken out, and that it be the spe-
cial order for eight o'clock this even-
ing.
Mr. NEWSOM. Mr. President,
I move that the proposition be laid
upon the table and move the previous
question.
The PRESIDENT. Gentlemen, the
question is, shall the main question
be now put?
The motion was not agreed to.
Mr. MYERS. Mr. President,
I move to amend by moving to lay
upon the table until eight o'clock
this evening.
Mr. BOYD. Mr. President, I
move the indefinite postponement of
the subject matter.
The PRESIDENT. The question is
on the indefinite postponement. The
ayes and nays are demanded. Secre-
tary, call the roll.
The secretary proceeded to call the
roll.
Mr. PHILPOTT, when his name
was called. Mr, President, I rise
to a point of order. The gentleman
from Douglas (Mr. Myers) moved to
lay upon the table.
The PRESIDENT, I understood
the gentleman to withdraw his mo-
tion.
WOMAN SUFFRAGE
231
Tuesday] MYERS— PHILPOTT— ABBOTT— CAMPBELL— MASON— STEWART
[August IC
Mr. MYERS. I did not withdraw
my motion.
Mr. PHILPOTT. Then, as the
gentieman from Douglas did not with-
draw his motion, I don't think the
motion to postpone is in order, for
the motion to lay on the table takes
precedence.
Mr. ABBOTT. Mr. President, I
think the motion to lay on the table
would be right, but the motion to
lay upon- the table to a definite time
and making it the special order
would not take precedence.
The PRESIDENT. I will call at-
tention to the following rule:
No. 23. 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 amend; which several motions
shall have precedence in the order
in which they stand arranged.
The question will be upon laying
on the table. Secretary, call rhe
roll.
The vote was taken and the result
announced, ayes 19, nays 18, as fol-
lows :
YEAS.
Campbell, Manderson,
Cassell, Moore,
Estabrook, Myers,
Hascall, Philpott,
Kilburn, Robinson,
Kirkpatrick, Sprague,
Lyon, Shaft',
Majors, Towle, i
Mason, Wakeley,
Weaver. ^ — 19.
NAYS.
Abbott, Reynolds,
Ballard, Stevenson,
Boyd, Stewart,
Gibbs, Thummel,
Granger, Thomas,
Gray, Tisdel,
I Griggs,
i Newsom,
j Parchen,
ABSENT OR NOT VOTING
i Curtis, Maxwell.
! Eaton,
j Grenell,
I Hinman,
Kenaston,
Lake,
■ Ley,
McCann,
Vifquain,
Wilson,
Woolworth. — li
Neligh,
Parker,
Price,
Scofield,
Speice,
Mr. President.- — IS-
So the motion to lay on the table
was agreed to.
Mr. CAMPBELL. Mr. President, I
move to reconsider the motion by
which this was laid upon the table,
and on that motion I move the pre-
vious question.
Mr. MASON. Mr. President, I
rise to a point of order. I would
refer this convention to the follow-
ing rule:
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.
That rule forbids this question
directly. This has gone beyond the
power of this house and its control
until eight o'clock this evening.
Why, sir, this settles it beyond all
question. Why is this effort made to
override the law? Law is made for
minorities and not for majorities, and
to that law we appeal and demand its
strict enforcement at the hands of
the honorable president.
Mr. STEWART. Mr. President, I
have a higher authority. I call your
attention to rule 34, which reads:
No. 34. When a question has been
once put, and carried in the affirm-
ative or negative, it shall be in or-
der for a member of the majority to
move for a reconsideration thereof;
but no motion for the reconsidera-
232
MUNICIPAL CORPOEATIOXS
Tuesday] ABBOTT— GRIGGS— THOMAS— MASON [August 15
tion of any vote shall be in order
after the expiration of. two business
days. Such motion shall take pre-
cedence of all other questions, ex-
cept a motion to adjourn.
The PRESIDENT. The chair de-
cides the motion to reconsider out
of order, it being a point of the mo-
tion to lay on the table until eight
o'clock. The convention cannot re-
verse its action now by reconsidera-
tion. The question is, shall the de-
cision of the chair be sustained?
The ayes and nays being demand-
ed the secretary called the roll.
The president announced the re-
sult, ayes 21, nays 17, as follows:
YEAS.
Cassell,
Philpott,
Estabrook,
Reynolds,
Hascall,
Robinson,
Kilburn,
Sprague,
Kirkpatrick,
Scofield,
Lyon,
Shaff,
Majors,
Tisdel,
Mason,
Towle,
Manderson,
Wakeley,
Moore,
Weaver. — 21.
Myers,
NAYS.
Abbott.
Parch en.
Ballard,
Stevenson,
Boyd,
Stewart.
Campbell,
Thomas,
Gibbs,
Tummel,
Granger,
Vifquain,
Gray,
Wilson,
Griggs.
Wool worth. ^ — 1
Newsom,
ABSENT
OR NOT VOTING.
Curtis,
Grenell,
Kenaston,
Ley,
McCann,
Parker,
Speice,
Hinman,
Eaton,
Maxwell,
Lake,
Price,
Neligh,
Mr. President.—
So the decision of the chair was
sustained.
The PRESIDENT. I wish to call
your attention to the article and
other subject matter of importance
before us. The article on revenue
and finance is one.
Mr. ABBOTT. I move to adjourn.
The motion was not agreed to.
Mr. GRIGGS. I move to proceed
with the consideration of the article
on revenue and finance.
The motion was agreed to.
Municipal Corporations.
Mr. THOMAS. If it is in order I
would like to make a report from
the committee on municipal corpora-
tions, to whom was referred a reso-
lution in reference to fees of munic-
ipal officers.
The PRESIDENT. It will be re-
ceived. Will Judge Wakeley please
act as chairman for a short time?
The PRESIDENT pro tempore.
We will hear the report from the
committee on municipal corpora-
tions.
The secretary read the report as
follows:
Every municipal, and every county
officer, paid in whole or in part by
fees, shall be required to make a
report, semiannually , under oath, to
some officer to be designated by law,
of all their fees and emoluments;
and such fees and emoluments, ex-
clusive of necessary clerk hire, shall
not in any one year exceed the sum
of $2,5 00, and all excess over that
sum shall be paid into the treasury
of the county or city in which such
officer shall reside.
The PRESIDENT pro tempore.
The convention will now consider the
article on revenue and finance.
Mr. MASON. I send to the chair
a substitute for the one he now holds
in his hand.
TAXATION
233
Tuesday]
VIFQUATN— BOYD
[August 15
The secretary read the substitute
as follows:
All property, real, personal and
mixed, and all credits subject to the '
jurisdiction of this state shall be |
listed and taxed; and the legislature
shall provide by law for carrying
into effect this provision.
The PRESIDENT pro tempore.
It is in order to move that that sec-
tion, as reported by the committee, \
be added to this article at the proper :
time. The article will be" read, sec-
tion By section. The chair will pro-
ceed to read the article.
Mr. VIFQUAIN. I move we go j
into committee of the whole upon
this section.
The PRESIDENT pro tempore. |
The chair will put the question, but
has already ruled it is in order to
offer it as an amendment; but if the
convention see fit to go into com-
mittee of the whole they may do sd ;
by a majority vote.
The motion was not agreed to.
The PRESIDENT pro tempore.
The article will be read by section. :
The secretary read the first sec-
tion, as follows:
Section 1. Taxes may be right-
fully and equally levied upon the
property of the citizen to insure the
protection of life, the security of per-
son, property and character, and to
attain these objects, the legislature
shall provide such revenue as may be
needful by levying a tax, by valua-
tion, so that every person and cor-
poration shall pay a tax in propor-
tion to the value of his, her or its
property; such value to be ascertain-
ed by some person or persons to be
elected or appointed in such manner
as the legislature shall direct, and
not otherwise; but the legislature
shall have power to tax peddlers,
auctioneers, brokers, bankers, mer-
chants, commission merchants, show-
men, jugglers, innkeepers, grocery
keepers, liquor dealers, toll bridges,
ferries, insurance, telegraph and ex-
press interests or business, vendors
of patents, and persons or corpora-
tions owning or using franchises and
privileges, in such m^anner as it shall
from time to time direct by general
law, uniform as to the class on which
it operates.
Mr. BOYD. I move to strike out
the first two lines. I think the lan-
guage is superfluous.
The PRESIDENT pro tempore.
The question is upon the motion to^
strike out the words indicated by
the gentleman from Douglas (Mr.
Boyd).
The amendment was not agreed
to.
The PRESIDENT pro tempore.
The question is upon the adoption of
the section.
The section was adopted.
The secretary read the next sec-
tion as follows:
Sec. 2. This specification of the
objects and subjects of taxation shall
not deprive the legislature of the
power to require other subjects or
objects to be taxed in such manner
as may be consistent with the prin-
ciples of taxation fixed in this con-
stitution.
The section was adopted.
The secretary read the next sec-
tion as follows:
Sec. 3. The property of the state,
counties, and other municipal cor-
porations, both real and personal,
and such other property as may be
used exclusively for agricultural and
horticultural societies, for school,
[public] cemetery, and charitable
purposes, the buildings and grounds
belonging to and used by any re-
ligious society for religious purposes
and to the value of $5,000, may be
1234 TAXATION OF CHURCH PROPERTY
Tuesday] WEAVER— TOWLE— THOMAS-ROBINSON' [August lo
exempted from taxation; but such;
exemption shall be only by general |
law. In the assessment, [of] real i
estate incumbered by public ease- 1
ment, any depreciation occasioned
by such easement, may be deducted
in the valuation of such property,
li'or the encouragement of agricul-
ture and horticulture the legis-
lature may provide that the in-
creased value of land by reason of
live fences, fruit and forest trees
grown and cultivated thereon, shall
not be taken into account in the as-
sessment of such lands for the pur-
poses of taxation.
Mr. WEAVER. I move to strike
out "$5,000" and insert "$3,000."
The motion was not seconded.
Mr. TOWLE. Mr. President, I
move to strike out "$5,000" and in-
sert "$50,000."
The motion was not seconded.
Mr. THOMAS. Mr. President, I
move to amend by striking out the
word public before the word
•cemetery. I will give my reason
for offering this amendment. I un-
derstand that this provides that this
property is to be made exempt from
taxation by the legislature. Now,
suppose a person buys a lot in a
private cemetery, that lot is subject
to taxation, and may be sold for
taxes. I admit that there may be
cases where private cemeteries
should be taxed, but are there no
cases where private lots in private
cemeteries should be exempt? If any
gentleman here can tell me how the
legislature may exempt from taxa-
tion lots belonging to private per-
sons, when their dead are buried in
these private cemeteries, I would
like to hear it.
Mr. WOOLWORTH. Mr. Presi-
dent, I am in favor of the amend-
ment of the gentleman from Nema-
ha (Mr. Thomas). The amount of
property exempt from taxation in
this way is very small indeed. We
propose that the legislature, under
the power conferred upon it by this
constitution, will provide for the ex-
amination [exemption] of the house
of the living and a lot or more, from
sale on execution. Now I think we
should also protect the house of the
dead. I believe that the courts have
held that this kind of property can-
not be sold, either upon execution or
taxation. It might occur that dis-
interments would have to be made
unless this amendment shall prevail.
Mr. ROBINSON. Mr. President,
This matter was pretty thoroughly
discussed in committee of the
whole, and the arguments then
used for inserting the word pub-
lic were very conclusive. The ar-
gument then used, I believe, was
that there are several individuals in
this state who have made large for-
tunes by selling these lots in private
cemeteries for burial purposes; and.
the object of this provision is to
compel these parties to pay taxes
on their property. Yet the argument
used by the gentleman from Doug-
las (Mr. Woolworth) is also a good
one. Now I think these unsold lots
should be taxed, while property
used for burial purposes should be
exempt. If a party saw fit to put
a large amount of money in a burial
ground for speculative purposes, I
am opposed to having this property
exempt from taxation.
Mr. THOMAS. Mr. President, I
understand that this matter will be
left to the legislature and that no
TAXATION OF CHURCH PEOPEETY
235
Tuesday]
MASON— THOMAS— BOYD— CAMPBELL— ROBIXSOX— ABBOTT
[August i;
other property can be exempt [ed]
by that body. I understand that the
legislature may make that provis-
ion; that the lots owned by private
individuals may be exempted, but
that the remaining lots not sold may
be taxed. It seems to me that that
can be left to the legislature.
Mr. MASON. Mr. President, I
believe the section is right as it is.
If the amendment should prevail the
effect v/ould be, as I stated in the
committee of the whole. I will state
one fact here. I have on my farm
about twenty acres, on which I have
spent considerable means — more
than on any other part of my
grounds. It is a private burying
ground; but I may some day use it
as a public burying ground. So I
say that that should not be exempt-
ed. I don't think that any but pub-
lic burying grounds should be ex-
empted.
Mr. THOMAS. Suppose I owned
a lot in that private burying ground.
Could that be exempted under this
provision?
Mr. MASON. No, sir. That is
just the question I was coming to.
If the gentleman uses my private
ground he must share with me in
the taxes.
The PRESIDENT pro tempore.
The question is on the motion to
strike out the word public. The ayes
and na^ys are demanded. Secretary
call the roll.
The vote was taken and the re-
sult announced, ayes 16, nays 20,
as follows:
AYES.
Abbott, Reynolds,
Boyd, Sprague,
Cassell, Thummel,
Estabrook, Thomas,
Gibbs, Towle,
Griggs, Wakeley,
Manderson, Weaver,
Newsom, Woolworth. — 16.
NAYS.
Ballard, Moore,
Campbell, Myers,
Granger, Philpott,
Gray, Robinson,
Hascall, ShafE,
Kilburn, Stevenson,
Kirkpatrick, Stewart,
Lyon, Tisdel,
Majors, Vifquain,
Mason, Wilson. — 20.
ABSENT OR NOT VOTING.
Curtis, Maxwell,
Eaton, Neligh,
Grenell, Parchen,
Hinman, Parker,
Kenaston, Price,
Lake, Scofield,
Ley, Speice,
McCann, Mr. President. — 1
So the amendment was not agreed
to:
Mr. BOYD. Mr. President, I
move to strike out "$5,000" and in-
sert "$10,000."
Mr. CAMPBELL. I move to strike
out "$10,00-0" and insert "$20,000.'^
Mr. ROBINSON. I move to strike
out "charitable purposes," and all re-
lating to religious and charitable
purposes.
Mr. ABBOTT. Mr. Pres dent, I
have an amendment to strike out
the words "the buildings and grounds
owned and used by religious societies
for religious purposes and not ex-
ceeding in value $5,000."
■236
TAXATION OF CHURCH PROPERTY
Tuesday]
Mr. BOYD. I think the gentleman
should insert the word religious.
IMr. ABBOTT. I will accept that
•and insert the word religious before
the word public.
Mr. NEWSOM. Mr. President, I
tise to a point of order. There are
.■already two amendments pending.
The PRESIDENT. The point of
K3rder is well taken. The question
IS on the amendment of the gentle-
man from Douglas (Mr. Boyd).
Mr. MASON. Mr. President, I
do not wish to go over the ground
that was considered in the commit-
tee of the whole. I only wish the
convention not to get the idea that
•a church is religion or that large
estates, whether held in the hands
of living or dead corporations, is
■Christian religion. No one will be
'deceived with that spirit of a tad-
pole if you call it Christianity. I wish
liere to say it is not the religion, as
I said before, that you propose to
tax, but it is to exempt such an
amount of property from the lands
-of each religious denomination as is
necessary to secure a reasonable
iDuilding for the conducting of re-
ligious worship. I do not wish here
to review the citations of authority
and the immense litigations which
liave traveled through the courts of
New York in respect to the taxation
'Of the Trinity <;hurch property. I
•do not wish to review here the lit-
igation called forth in the city of
St. Louis, in respect to the taxation
of seventeen millions of property held
by one denomination alone, and
•claimed to be exempt from taxation;
[August 15
neither do I wish to frame the fun-
damental law that shall invoke, and
call into existence, at some future
day, a statute of mortmain, the pas-
sage of which, on English soil, caused
nearly every bit of earth to be wet
with English blood. I would learn
experience from the past, and avoid
the possibility of covering from the
hand of the tax gatherer large
masses of property, under the guise
that it was adding a favor to the
Christian religion. It was, sir, un-
der disguise that more than two-
thirds of the real estate of England
was at one time swallowed up and
covered from the hands of taxation
and the service of government; and,
sir, it was to reach that property
that the statutes of mortmain were
passed. After their passage was se-
cured on blood-red battle fields, then
it was that again the battle had to
be fought to enforce it, between this
feeling that they then called religion
and the rights of the people. I wish
to say yonder church no more pre-
sents the tabernacle not made with
hands for religion, devoted to Chris-
tianity, than this tenement wherein
we attempt to dispose of the affairs
of state. One is the habitation in
which they conduct their business ; this
is the habitation in which the busi-
ness of the state is conducted. Now,
sir, if the motion of the gentleman
from Hall (Mr. Abbott) shall pre-
vail you have opened a door by and
through which not less than ten
quarter sections of land in my own
county laying alongside and under
the very shadow of mine, are covered
within the limits of the church; and,
notwithstanding they are dedicated
BOYD— ABBOTT— NEWSOM-MASON
TAXATION OF CHURCH PROPERTY
ABBOTT—WOOLWORTH [August 15
Tuesday]
to Christianity, the dew& of heaven
fall no more munificiently, or the
late or early rains come no oftener,
and God blesses them no more. Why,
sir, is it sought to accomplish this
result? In the interest of religion?
Not so, sir; by no means! In the
interest, more, of a kind of tab-
ernacle that is secured from taxar
tion in the territory of Utah; the
property held for the high priest of
the church, benefitting and building
up a corporation. Aye, sir, instead
of advancing Christianity it saps and
corrupts it by securing and uphold-
ing the great sin that over all other
sins stamps this nation today. I
mean the sin of covetousness. What
else do you accomplish? Nothing,
nothing more. Then, sir, I would
give them a five thousand dollar ex-
emption. No more. My friends
who worship with rich congrega-
tions, that have aggregated sixty or
seventy thousand dollars in these
cities along the river, will all move
to strike out "five" and insert
"twenty," "thirty" or "sixty." The j
gentlemen who came here from the |
rural districts have no such costly I
places to worship in. Do you drive
there in your carriages of state, or do
you go in your family two-horse
wagon over the rough streets? Are
they better representatives of Chris-
tianity than your wives and daugh-
ters? I solemnly protest against
this iniquity.
Mr. ABBOTT. Mr. President,
while I do not pretend to stand upon
this floor to answer the gentleman
from Otoe (Mr. Mason), I have a
right and claim it here to place my-
self squarely upon the record. I do
not wish to deceive the public; nor
do I wish to allow him to deceive
the public; nor can he deceive me by
taking the temple which Christianity
rears, by asserting that the taxing
of it is not taxing Christianity. Nor
do I wish to have the public de-
ceived with reference to the taxa-
tion of, or the discrimination be-
tween churches. I say, if you tax one
you should tax all alike; and this
talk the gentleman indulges in, in
reference to the taxation of churches,
does not pass with the honest gen-
tlemen from the rural districts. We
have none of these five thousand
dollar churches, but say if you tax
one you should tax all. I do not
belong to any. I have some inter-
est in them, perhaps, as every man
in this broad land has. The abuses
which he claims crept in in the
olden times may be so. Is it not for
the legislature to correct this? We
say the legislature may exempt this
property from taxation and may tax
j it again by a general law. Now, sir,
I I have no objection to their taxing
I those sections of land. Indeed, sir,
I think they ought to be taxed, but
I think the building and the lot upon
which it stands, so long as devoted
exclusively to the purposes of
divine worship, I care not what de-
nomination, should be exempted
from taxation, and the lands they
own and the buildings they own, aside
from this,, might be taxed. I have
no objection to that, but I do ob-
ject to taxing the house and the lot
on which it stands.
Mr. WOOLWORTH. Mr. Presi-
dent, I desire to say a few words
238
TAXATION OF CHURCH PROPERTY
Tuesday]
WOOLWORTH
August 15
in reply to the gentleman from Otoe
(Mr. Mason). In the first place, let
me say he draws a comparison, or
attempts to draw a comparison, be-
tween these gentlemen, members of
this house, who worship in expensive
churches, and those who live in the
country and do not worship in such
churches. Well, sir, I am not of
those who worship in any very grai?d
building. I believe the building I
go to church to never was conse-
crated and cost, I think — if I am
wrong the gentleman in the chair
can correct me — about two thousand
dollars. It certainly is little enough.
It seats a good many people, and
they go there and enjoy it. So I am
not of this class of persons who wor--
ship in these grand churches. Nor
am I of those who go to church in
elegant carriages. I have to walk
to church. I do not even ride in a
wagon. I have to walk a good long
distance — about six blocks — but T
manage to get there. One difference
between him and me is, I go to
church, he stays at home. I get to
church once a Sunday, sometimes
twice. One or two other words. He
talks about the litigations that have
traveled through the courts of New
York in regard to the Trinity church
property. There never was a single
litigation in respect to Trinity
church property on the subject of
taxation. That is not the subject
of litigation. It is about title to the
property, between the corporation on
one side, and parties from whose an-
cestors a great many years ago the
property was derived. There never
has been any litigation on the sub-
ject of taxation. As to this prop-
erty in St. Louis and in other parts
of the country, the church, sir, m
this country that, more than any
other, has collected together im-
mense bodies of property — property
of immense value — is the Romau
Catholic church. I do not belong tc
that church. In many of its dogmas
I do not believe; in many of its- prac-
tices I do not sympathize; but. sir,
I undertake to say, and defy concra-
diction, that there is not in tiiis
country, and is not in any country, s
body of men more devoted, a body o1
more perfectly severed from ai
personal aggrandizement, all per-
sonal interest, seeking the welfai"^
temporal, spiritual and eternal, o:
those committed to their charge
than the Roman Catholic clergy,
know you single out such a body o
men, and call them by opprobiou!
names, and call their system by op
probrious names; but, sir, foi
sanctity of life, for elevation of prin
ciple, for purity of heart, there ii
not in this country, or in any coun
try, a pi-iesthood, Protestant, Pagan
Mormon, or other, to be spoken o
in the same day. And I go further
sir; I say that, today, for the caus<
of social order, for the cause of goo(
government, for the cause of th(
peace of society, the Roman Catholic
clergy are rendering, day by day, ai
immense service in this land. I an
not afraid, sir, although I do no
sympathize with that church, al
though I do not believe in its dog
ma, although upon many matters
dissent very heartily from it. I d<
not believe that the cause of goo<
order, the cause of the public wel
fare is prejudiced anywhere at all b;
TAXATION OF CHURCH PROPERTY 239
WOOLWORTII [August 15
Tuesday]
permitting it to accumulate large
funds to carry on its work. In a
test of this sort I will say, myself,
that tliey are those who, in evil and
good report, stand by the law, stand
by good order, stand by virtue, and,
notwithstanding the gentleman from
Otoe, stand by the cause of the
Christian religion. Nov/, sir, one
word further. As to those churches
dotted over the land that the gen-
tleman says do not represent the
Christian religion. Well, there are
many of them that do not teach such
Christianity as I believe in, but
those who do not teach the Chris-
tianity I believe, who do not hold the
opinions I hold; those who are not
in communion with the church I be-
long to, are yet, in their communi-
ties, rendering all the time an im-
mense service to the state. As state
institutions, although not supported
by the state, their revenues only fa-
vored a litle by this exemption from
taxation, they are worthy of being,
to this little extent, fostered and
cared for. I do not believe there is
in this state a single corporation, a
single religious denomination, which
possesses as much as ^20,000, which
will be exempted under the amend-
ment made by the gentleman from
Otoe, or protected by the proposi-
tion made by the gentleman from
Hall. But if there is that amount
of money it is the result of contribu-
tions.
Mr. President, I might say much
more. I think we are making a mis-
take to subject these corporations
that are rising upon every hand, and
that almost every single one of us
belong to, one or another, almost
every citizen of this state belongs
to — say we are making a great mis-
take to subject that property, or any
part of it, to taxation. But, sir, that
is not the question. The only ques-
tion here is whether you will leave
this, matter in the hands of the leg-
islature to do about as it, from time
to time, shall think wise and best, or
whether you will tie the hands of
the legislature down to some partic-
ular sum. That is the question. The
gentleman talks about [the] statute
of mortmain and the bloody battles
fought to get the amendment of that
statute. Why, sir, I read English
history very different from the gen-
tleman. If there were any battles
fought, I never heard of them. My
recollection is not that at all. That
large sums, that property of incred-
ible value was secured of the church-
men, and that the statute had to be
passed in respect to it, I admit; but
that statute had nothing to do with
the question of taxation of church
property. Taxes were not levied
upon the churches in that sort of
way. Taxes, at that time, were by
contributions granted by the different
convocations of the realm to the king
by the clergy themselves, and never
were levied as our taxes are now,
never. And in respect to the stat-
ute of mortmain, it has just about
as much to do with this question
before us as it has with the — well,
my friend's going to heaven just
now. The question is whether you
will leave in the hands of the leg-
islature the power to tax, or declare
240 TAXATION OF CHURCH PROPERTY
Tuesday] STEWART— P'HILPOTT [August 15
exempt from taxation religious de-
nominations.-
Ad j ouriiment.
Mr. STEWART. I move we ad-
journ.
The motion was agreed to.
So the convention (at 12 o'clock
and ten minutes) adjourned.
Afternoon Session.
The convention was called to order
at one o'clock and fifty minutes by
the president.
The PRESIDENT. Will the gen-
tleman from Douglas (Mr. Wakeley)
take the chair.
Female Suffrage.
Mr. PHILPOTT. Mr. President, I
have three petitions asking for fe-
7. Both Mason and Woolwortli. liis assail-
ant, are cliicfly wronij in tlics.' allusions to
luiylish liistory, tliougli .Mason's statement is
a UtUo nearer riylit tinin Woolwortirs: for
the statute of mortmain may legitimately be
called a tax reform measure. But it was not,
as Mason so dramatically contended, a cause
or occasion of oi' bloodshed: nor Avas it
"secured on blood-red battlefields." but by the
masterful denntu^i and dictate of Edward I.
It M-as simply an incident of the jireat con-
structive political policy of a stronjr kine.
along the same lines as that of his vigorous
father, Henry III.
The establishment of modern popular con-
stitutional, and truly national government
in Europe has involved an inunemorial strug-
gle against the assumption of political au-
thority and nuiterial aggrandizement by re-
ligious organizations, and especially the
Roman ('hurch, which is still insistent in the
politics of the continental nations and felt
in that of Enghind.
.'\uthoritative history has described the
statute of uiortmuiii. "Jiy falling into the
'dead hand' or 'mortn)ain' of the church, land
ceased to render its feudal services; and, in
1279, the statute 'de religiosis.' or. as it is
commonly called, of 'mortmain." forbade any
further alir'iuition of land to religious boffics
in such wise that it sliould cease to rend<'r
its due service to the king." (Ilistoi'y of the
Ijiglish l'eoj)le. (ireen, v. I, p. -J.'iO; |»ublisher,
American B>ook I'xchange. 1S8I.) "lOhvard's
statute 'de i-eligiosis,' and the statute of ('arl-
isle ])rove his confideiiee in Henry's theory
that the chinch of I'lngland as a national
church should Join in bearing the national
tnu'dens and should not lisk national liberty
or law by too great de))en(lence on Rome.
What the statute 'de religiosis' was to the
church the statute "((uia emittores' was to
male suffrage which I would like to
have referred to the committee on
suffrage.
The PRESIDENT pro tempore.
They will be so referred if there is
no objection.
Revenue and Finance.
The PRESIDENT pro tempore.
The question is upon the amendment
to the amendment to strike out
"$5,000" in section three and insert
'$3,000." The gentleman from
Douglas (Mr. Boyd) moves to strike
out "$5,000" and insert "$10,000."
The gentleman from Otoe (Mr.
Campbell) moves to amend by strik-
ing out "$10,000" and ' inserting
"$20,000."
feudalism: but it was only a series of meas-
ures by which Edward attempted to eliminate
the doctrine of tenure from political life.
Henry [III] had Inunbled the feudatories,
Edward did his best to bring up the whole
body of landowners to the same level."
(Constitutional History of England, Stubbs,
V. n. p. ]!(>, 4tli ed., Clarendon Pi-ess.)
"This Was the famous statute do religiosis,
which forbids the aeciuisition of land by the
religious or others, in such wise that the
land should couai into mortmain. (Ibid., p.
117.) "On the 4th of July (A. D. 129-1) he
had seized and enrolled all the coined money
and treasure in the sacristies of the mon-
asteries and cathedrals." He sununoned the
clei'gy to meet at Westminster S»>ptember _'].
Thiey ofl'ered two-tenths,, but iMlwai'd tie-
nuuidcd a half of their entire revenue. "The
clcrgv were disnuiyed and terrified; the dean
of St. Paul's died of fright in the king's
presence." But they were obliged to sub-
mit. (Ibid., p. The act was strength-
ened in Ism.
.\s late as the r'eriod of lf<71, lawyers and
cleigymen were still regarded as scholars and
critics; but in th(> meantime a class of spec-
ialists in every dej)artment of leiirning have
been developed in the < olleges and universities
who have superseded tlK'm as autliorities and
critics. The law is no longer a •'learned pro-
fe.-ision," and lawyers are rather business
agents and mentors, whose study is largely
limited to case law. In that elder day Wool-
worth was regarded as a scholar; and it is
improbable that he would have neglected to
r<'vise his inadeuuate and iiuiccuratn offhand
icnuirks upon the toi)i(' in (|uestit)n if ]\o
had expected that the debates woul<i hr
printed. Still, critical history was douM
less dilVicult of access at that time. — I'l'.
TAXATION OF CHURCH PEOPERTY 241
Tuesday]
TOWLE— ROBINSON
[August 15
The yeas and nays being demand-
ed, the secretary proceeded to call
the roll.
Mr. TOWLE, when his name was
called. Mr. President, I believe
that all property used exclusively
for religious purposes should be ex-
empt from taxation, and I vote for
this $20,000 limitation, under pro-
test, as the best I can get. I vote
aye.
The president announced the re-
sult, yeas 7, nays 31, as follows:
YEAS.
Boyd, Thummel,
Campbell, Towle,
Y/oolworth.
Manderson,
Newsom,
NAYS.
Abbott, Parchen,
Ballard, Philpott,
Cassell, Reynolds,
Estabrook, Robinson,
Gibbs, Stevenson,
Granger, Stewart,
Gray, Sprague,
Griggs, Scofield,
Hascall, Shaff,
Kenaston, Thomas,
Kilburn, Tisdel,
Kirkpatrick, Vifquain,
Lyon, Wakeley,
Majors, Weaver,
Mason, Wilson. — 31.
Myers,
ABSENT OR NOT VOTING.
Curtis, Moore,
Eaton, McCann,
Grenell, Neligh,
Hinman, Parker,
Lake, Price,
Ley, Speice,
Maxwell, Mr. President. — 14
So the motion to adopt the amend-
ment of $20,000 was not agreed to.
The PRESIDENT pro tempore.
The question recurs upon the motion
^to strike out $5,000.
The motion was not agreed to.
Mr. ROBINSON. Mr. President,
I wish to amend the section by strik-
ing out all after the word cemetery,
down to and including the word
value. I offer and support this
amendment from principle. I think,
for my part, that the question of ex-
pediency enters very largely into
this question. At least, it does in
my opinion. I was astonished at the
extreme views taken by my friend
from Douglas (Mr. Woolworth) this
morning. Now I admit that this de-
sire to exempt church property
sounds very pious in religious cir-
cles; but I consider it very foolish.
I desire to allude, Mr. President,
to a circumstance which occurred
about fifteen days ago. When the
question of the bill of rights came
up I moved to strike out a bad
phrase which was embodied in the
preamble. Certain gentlemen upon
this floor said that if the people of
this state did not recognize God Al-
mighty in the constitution they were
— to use a cant phrase — "very hard
up." That is the very classic phrase
which they made use of. Now, I
don't suppose that there are half
a dozen upon this floor who would
advocate the levying of a general tax
upon the entire community in order
to pay the taxes which ought to be
paid by the churches upon the
church property; or would say that
a general tax should be levied upon
the whole community in order to
pay, not only the taxes this church
property should pay, but also pay
the running expenses of these
churches. I say the cases are exactly
alike. Suppose A represents $10,000
of private property, and that he rep-
242 TAXATION OF CHURCH PROPERTY
^
Tuesday] WOOLWORTH— MASON [August 15
resents $10,000 of church property;
B and C each possess $10,000; A
belongs to the church and neither
of the others do. There are $4 0,-
,0 00 worth of property to be as-
sessed, and the levy amounts to
$400. The church property, how-
ever, is exempt from taxation, and
B and C have to pay their share of
the taxes which should be paid by
the church. A is the only one who
receives any benefit from the ex-
emption; and yet B and C each have
to pay a third of the assessment
which should have been paid on the
church property. I would be in for
this exemption, but I contend, sir,
that the wrong is just here, while
you exempt the property of A, B
has got to pay for it. The tax has
got to be paid every year, and the
amount to be paid is no less because
you exempt some. Now, sir, who
shall pay them? [;t.] Those who
have and [an] interest in that kind
of property? or those who have no
interest in it whatever? It seems
to me that those who put their
money in that kind of property
ought to pay it. I am willing to con-
tribute to the support of the
church; but I wish to do it freely.
I certainly would be willing to re-
sort to any plan that would relieve
these societies from the payment of
taxes, but I am not willing that B
and C should pay A's taxes. I don't
know that I have any objection to
the amendment as it now stands;
that is, leaving the word religious
in. I hope, Mr. President, that this
section will not prevail, and that we
shall not be led to believe that we
are making anything when we take
money out of one pocket and put it
in another. The old maxim, "those
who dance," although to church
music, "should pay the fiddler."
Mr. WOOLWORTH. Who pay
the fiddler, Mr. President? Who pay
for the churches? Those who go
there? No, sir, not at all. The
great majority of those who go, pay
but very little, indeed; that is my
observation as to one church in this
state. No, sir, as to the matter of
piety, I have got very little and do
not claim anything on that score.
But, sir, the churches of this state
are doing just as much good in the
land as the schoolhouses of the
state, and do it just precisely in the
same way. Go to any part of this
state where you find a people that
go to church regularly on Sunday
and there you will find intelligence
and virtue. It is for the good of the
state that I contend for this exemp-
tion, and not for them as Christian
men and women.
Mr. MASON. Mr. President, it
seems to me we are drifting a little
to sea in this question. I rise now,
not to make any remarks, but to
correct what seems to be a misun-
derstanding of what I said this
morning. Far be it from me to at-
tack any church organization; but I
have always observed this fact, that
a thing is prized just so far as it
costs. Now, sir, I do believe that
the amendment moved by the gen-
tleman from Lancaster is right in
principle; that just in proportion as
you relieve this class you burden an-
other. That $5,000 is sufficient. I
do not propose to relieve them fur-
ther; and, in doing this, let none say
TAXATION OF CHUECH PEOPERTY
243
Tuesday]
that we do it as against Christians.
Let no one say that we think these
churclies are the only representa-
tives of Christianity. These broad
prairies, stretching out in the sun-
light of heaven, speak louder than a
thousand church spires; they are
God's own ministers.. I have only to
say that if the gentleman from
Douglas (Mr. Woolworth) meant this
morning to insinuate that I aimed
any arrow or any shaft at any relig-
ous denomination he misunderstood
me and misapprehended my whole
purpose and views in respect to this
matter. I do say, in the language
of my friend from Lancaster (Mr.
Robinson), as an abstract principle of
right — and, sir, I believe I will live
to see the day, in this state and in
all the states, when the right, the
very right as illuminated in the gen-
eral assembly of the Methodist
church, shall be written in the fun-
damental law of the land; and, as
I took occasion to say in committee
of the whole, that church seems in
this country to lead the very van-
guard of Christian reform and moral
and social elevation. We are not
speaking for ourselves, but for them;
and while I do not ask the conven-
tion to change its opinions on the
$5,00 exemptions, all we ask is
to second our votes for the abstract
principle that nothing should b© ex-
empted, because certain men have
seen fit to say we dedicate this to the
Lord. We say that all air, all space,
all thought', all time, all eternity and
all the products of the earth are ded-
^icated to the Lord over and above
the decrees of men.
[August 15
Mr. ABBOTT. Mr. President, be-
fore this amendment is put I wish to
say a word. I will sustain the amend-
ment of the gentleman from Lan-
caster (Mr. Robinson) in preference
to the section as it now stands.
Sooner than make a discrimination
between the rich and the poor, I will
vote to tax every church in the land.
This section is not obligatory on
the legislature; it only permits them
to exempt this species of property if
they see fit. If we pass this, the leg-
islature must tax all over $5,000 val-
uation and may tax all under that.
There are some institutions in this
state I would like to see exempted,
such as the Mercy hospital in
Omaha, which is controlled and man-
aged almost entirely by ladies. I
move an amendment to the amend-
ment to strike out the words char-
itable purposes.
Mr. HASCALL. Mr. President, I
think we should not make so great
an innovation on former practices in
the way of taxation as to deny the
exemption of a reasonable amount of
church property. It is our duty as
framers of the law to leave it in such
a situation that if the legislature de-
sires to exempt a reasonable amount
of church property they have a right
to do it, say an amount not exceeding
$10,000. At the proper time I shall
move to strike out and insert in such
a way as to exempt at least $10,000
worth of property.
Mr. THOMAS. Mr. President, I
hope the amendment offered by the
gentleman from Lancaster (Mr. Rob-
inson) will not prevail. It seems to
me there should be an exemption of
property for religious and charitable
ABBOTT— HASOALL— THOMAS
244 TAXATION OF CHURCH PROPERTY
Tuesday]
THOMAS— ROBIXSON
[August 1.:
purposes to a certain extent: whether
it be five, or ten thousand dollars is
a matter for this convention to con-
sider; but that it all should be
stricken out is certainly wrong. Sup-
pose you levy a tax on these churches,
who pays it? Is it not a few individ-
uals who support it? Would you
collect a tax by selling the church?
It seems to me it would not be
right. I am, therefore, in favor of
exempting property used for relig-
ious purposes, to a certain extent.
These churches and buildings, put
up for charitable purposes, they are
for the benefit of the whole com-
munity, and it would be taxing a very
small part of the community; for,
most assuredly a few people would
have to pay the taxes. I believe the
gentleman from Douglas (Mr. Wool-
worth) was perfectly correct in what
he stated about the benefit these in-
stitutions conferred on the commu-
nity, and they are certainly just as
useful as the schools, as necessary
for the advancement of civilization
and the good morals of the commu-
nity; and if we tax them it must tend
to the discouragement of the estab-
lishment of any such institutions.
I do not believe, Mr. President, al-
though I am not certain about it,
that the meaning of property used
for religious purposes must be the
church building and the grounds
upon which it is situated. If there
are any lands, outside of this, used
for the purpose of bringing in an in-
come for the church, I do not be-
lieve that property would be ex-
empted from taxation, because it is
used for the purpose of raising an
Income. It seems to me the church
building and the grounds upon which
it is situated, even though it be
worth more than ten, fifteen, or
twenty thousand dollars, it should be
exempted. I am in favor of putting
in the largest amount we can get in.
I do not think it would be danger-
ous to make provision in our consti-
tution the same as it is in the Illi-
nois section; but it certainly would
be wrong to say we should strike out
the whole of that section and make it
necessary that all the property be-
longing to churches and charitable
institutions should be taxed exactly
to the same extent as we tax the
property of individuals.
Mr. ROBINSON. I put a case to
the gentleman as between the relig-
ious and non-religious portion of the
community. They have got around
it by saying that the non-religious
community are, in effect, benefitted,
which go to church, while this
amendment seeks to compel the re-
ligious portion to bear all the bur-
den. But, sir, we will suppose a
church has five millions of property,
or ten millions, devoted to this pur-
pose, which, according to this amend-
ment, is to be exempted from taxation
Now, another church may not have a
half or tenth part of that amount of
property. The truth is that the tax-
paying portion of the community — '
those who belong to the church with
the small [property] ought to have
their taxes paid by the people who
attend the wealthy church. The larg-
er the property the church holds ex-
empt from taxation the larger tax
the exemption imposes upon those
who have not so much. It has
to rest somewhere. You can
TAXATION OF CHURCH PROPERTY 245
Tuesday] HASCALL— MAJORS— STEICKLAND [August 15
make no difference. The question
for this convention to decide is upon
whose shoulders the tax shall rest.
The wealthy churches get all the ben-
efit. I call for the ayes and nays on
this question.
The secretary called the roll.
The president pro tempore an-
nounced the result, yeas 4, nays 3 5,
as follows:
YEAS.
Estabrook, Majors,
Robinson, Stevenson. — 4.
NAYS.
Abbott, Newsom,
Ballard, Parchen,
Boyd, Philpott,
Campbell, Reynolds,
Cassell, Scofield,
Gibbs, Shaff,
Granger, Stewart,
Gray, Sprague,
Griggs, Thomas,
Hascall, Thummel,
Kenaston, Tisdel,
Kilburn, Towle,
Kirkpatrick, Vifquain,
Lyon, Wakeley,
Mason, . Wilson,
Moore, Woolworth,
Manderson, Mr. President. — 35
Myers,
ABSENT OR NOT VOTING.
Curtis, Price,
Eaton, Parker,
Grenell, McCann,
Hinman, Neligh,
Lake Speice,
Ley, Weaver. — 13.
Maxwell,
So the motion was lost.
Mr. HASCALL. I move to amend
by striking out $5,000 and inserting
$9,000.
Mr. MAJORS. I ask for a division
on the question.
The PRESIDENT pro tempore.
The question will be divided.
Mr. STRICKLAND. I ask that
the question remain just as it is, un-
less a majority of the convention ask
for a division, for the reason that I
believe the majority of the conven-
tion are in favor of striking out the
$5,000 and inserting $9,000.
The PRESIDENT pro tempore.
A short time since the motion was
made to strike out $5,000 and in-
sert $10,000; a division was asked
for and the motion to strike out
$5,000 was negatived. The motion
now is to strike out $5,000 and in-
sert $9,000, which is in order, but is
susceptible of division. A division
being demanded, the motion to strike
out must be put.
Mr. MAJORS. I apprehend the
members upon the floor understand
when they are voting to strike out
the motion is to insert $9,000 and
if they are in favor they will vote to
strike out $5,000. If not, they will
vote against striking out.
The PRESIDENT pro tempore.
The rule 3 2, I think, is plain: "If
the question in debate contains sev-
eral propositions, any member may
have the same divided."
Mr. HASCALL. Mr. President, if
the motion to strike out is carried,
then the motion to insert is priv-
ileged to follow. I hope this mo-
tion to strike out will prevail and
this amendment be carried, because
$5,0 00 is a very small sum to be ex-
empted from taxation for religious
purposes. A benevolent institution
which does not own more than $5,-
000 would be almost powerless for
good.
The PRESIDENT pro tempore.
The limitation of $5,0 00 applies
more particularly to the grounds and
buildings used for religious pur-
246 TAXATION OF CHURCH PROPERTY
Tuesday]
HASCALI^BALLARD—OASSELL—MANDERSON— ABBOTT
[August 15
poses, exclusively, and not for char-
itable purposes.
Mr. HASCALL. These institutions
are non-productive, and they are
supported by people who give largely
to charitable purposes generally. If
we put the exemption at so small
an amount it will be of but little
service to the churches. I say it is
putting an extra burden upon a cer-
tain class of people who ought not
to pay it. These churches are
institutions which are a benefit to
the country at large.
Mr. BALLARD. Mr. President, I
hope this convention will stand to
the report of the committee. We are
getting back into the old way of
amendments without end.
The PRESIDENT pro tempore.
The question is upon the motion to
strike out $5,000.
The yeas and nays being demand-
ed, the secretary proceeded to call
the roll.
Mr. CASSELL, when his name
was called. Mr. President, I wish
to be excused from voting, "No. No."
Then I vote nay.
Mr. MANDERSON, when his
name was called. Mr. President, I
wish to explain my vote. I am in
favor of exempting all church ])roi)-
erty which is used exclusively for
religious purposes, therefore, I vote
aye.
The President announced the re-
sult, yeas 15, nays 23, as follows:
Newsom,
Philpott,
Mr. President. — 15
Abbott,
Boyd,
Campbell,
l!]stabrook,
Plascall,
Manderson,
YEAS.
Thomas,
Towle,
Thummel,
Wakeley,
Wilson,
Wool worth,
NAYS.
Moore,
Myers,
Parchen,
Reynolds,
Robinson,
Shaff,
Sprague,
Stevenson,
Stewart,
Tisdel,
Vifquain. — 23.
Ballard,
Cassell,
Gibbs,
Gray,
Griggs,
Granger,
Kenaston,
Kilburn,
Kirkpatrick,
Lyon,
Majors,
Mason,
ABSENT OR NOT A^OTING.
Curtis, Maxwell,
Eaton, Neligh,
Grenell, Parker,
Hinman, Price,
Lake, Scofield,
Ley, Speice,
McCann, Weaver. — 14.
So the motion to strike out was
not agreed to.
Mr. ABBOTT. Mr. President, I
ask leave of the convention to offer
an amendment which is the original
amendment as reported by the
standing committee. There are sev-
eral gentlemen here who desire to
record their votes upon this sec-
tion. The proposed amendment is
to insert the word religious after
the word school, and to strike out
the words "the buildings and
grounds owned and used by any re-
ligious society for religious prposes
and not to exceed $5,000 in value."
I will say that this amendment will
read exactly as the printed copy, ex-
cept the single word public, before
the word cemetery.
The PRESIDENT. TIk^ question
is upon the amendment of the gen-
tlonuui from Hall (Mr. Abbott).
The yeas and nays being demand-
ed, the secretary called the roll.
TAXATION OF CHUECH PEOPERTY 247
THOMAS— STRICKLAND— KIRKP'ATRICK—WOOLWOETH [August 15
Tuesday]
The president announced the re-
sult, yeas 24, nays, 14, as follows:
YEAS.
A hhntt
Th mn a
Boyd,
Thummel
Q TTl Ti Viol 1
VV CtXVdC^J' ,
-CibLdUl UUn.,
W7 1 1 <a n n
VV lloljli,
TTn cipn 1 1
JL±Ct»3v^<XJl±,
Wool worth
l\iclliU.fc;l BUli,
Tvr y T3T'P«i("ipnt . 1 4-
IVX 1. jLltJ&i.VJ.'CliL. JLTt
jMyers,
NAYS.
Ballard,
Moore,
Cassell,
Newsom,
Cxibbs,
Parchen,
Granger,
Philpott,
Gray,
Robinson,
Griggs
Reynolds,
Kenaston,
Stevenson,
Kilburn,
Stewart,
Kirkpatrick,
Sprague,
Lyon,
Shaff,
Majors,
Tisdel,
Mason,
Vifquain.— 2 4.
ABSENT
OR NOT VOTING.
Curtis,
McCann,
Eaton,
Neligh,
Grenell,
Parker,
Hinman,
Price,
Lake,
Scofield,
Ley,
Speice,
Maxwell,
Weaver . — 14,
Mr. THOMAS. Mr. President, I
would like to move an amendment,
to strike out
'buildings and grounds.
etc.," and insert "church buildings
and grounds whereon the same are
situated."
Mr. STRICKLAND. Mr. Presi-
dent, I am satisfied that the people
of the state will not be satisfied with
the action of the convention here.
Though if the convention should
vote this down I shall acquiesce in it.
Mr. KIRKPATRICK. Mr. Presi-
dent, I think the honorable presi-
dent was on the floor, and advocated
the admendment that he now wishes
to strike out.
Mr. STRICKLAND. Now, Mr.
President, I wish to explain that.
There was a society that owned prop-
erty worth several thousand dollars
of land, but not church property.
This Presbyterian board owns a
large track [tract] of land, worth
two or three thousand dollars, in
Sarpy county. Now, I ask what good
reason can any church offer if they
hold land why it should not be taxed
as well as any other property? But
when you go to tax schoolbooks,
schoolhouses, churches and church
bells, emblems of Christianity, then
I am opposed to it. If the widow
will give her pittance for the purpose
of erecting a building in which the
word of God may be taught, I do
not believe in taxing that house.
Mr. THOMAS. Mr. President, I
am in favor of this amendment for
two or three reasons. One is. that
this property is not used for the
purpose of speculation, or making
money. It brings no money in. An-
other is that you would not wish to
sell it for the payment of taxes. It
is simply whether we will allow per-
sons who desire, to erect churches
and have them exempt from taxes.
I believe that it has been done in
every state in the union.
Mr. WOOLWORTH. Mr. Presi-
dent, I do not know but ' the con-
vention has come to a settled con-
clusion, so that it is hardly worth
while to discuss this question. I do
not know but this amendment will
be voted down, although it places
the subject in a new aspect. It sim-
ply provides that the churches and
grounds on which they are situated
shall be exempt. I ask gentlemen
248 TAXATION OF CHUECH PROPERTY
Tuesday] WOOLWOETH— EOBINSON
to consider this fact. We are a new
state, and churches have got to be
built. The church to which I be-
long, the Episcopal church — the
building in this town is built, more |
than half of it, by subscriptions from
the states in the east. It has been
my practice to contribute to the
building of churches outside of
Omaha, as it is the practice of many
others. Almost all of the churches
at Plattsmouth were built and fur-
nished by a gentleman in New Yorlv.
These churches are to be paid for by
money contributed from abroad. And
now do you propose to say to those
Christians in the east, "Bring v^our
money here to build our churches
and we will tax them for the sup-
port of the government!" That is
what you propose to do, if you a/e to
tax these church buildings and
church lots. That is what you pro-
pose to do if you are to vote down
these amendments, all of them, with-
out any sort of consideration. The
money that goes into these churches
does not come out of our pockets,
but a small proportion of it. Not
one half of all the money invested in
Episcopal churches in this state ever
came from the pockets of the people
that live in the state; and yet you
propose to make those churches, the
people in' their poverty, in their pov-
erty, sir, are scarcely able to sup-
port, — you propose to make them
go farther, and contribute to the sup-
port of the government. Who goes
to those churches? Not the people
in the east that gave the money to
i)uild them; not the people in this
state who gave the money to build
them; but others, most of whom
[August 15
never gave one dollar for the pur-
pose. They improve the value of
your other property; they make the
people in your communities virtuous
I and religious, and educate and fit
them to discharge their duties as
citizens of the land; and these are
the institutions you propose to take
rr.oney out of to run your state go\--
ernment, which is so poor and paltry
as to do it.
Mr. ROBINSON. Mr. President,
the other day, in committee of the
whole, the only point made in favor
of this exemption was the poverty
of the churches; it was said by gen-
tlemen that churches were all small
and not very well supported, and it
would be wrong to tax them. It
seems to me it can make no differ-
ence whether this money comes from
abroad or whether it is raised in our
midst: I suppose three-fourths ol
the capital now in this state was
brought from abroad. If a gentle-
man comes from, New York with five
thousand dollars, is that any ground
for exemption from taxation? It
seems to me there is no argument
in this, none whatever. It has been
objected by one gentleman [that]
there will be difficulty in collecting
these taxes. I do not apprehend any.
If gentlemen are able to build
churches worth fifty or sixty thou-
sand dollars, they are able to pay
taxes on them. The plea is- made
that this property is unproductive.
If they wish to make it unproductive
they can put it in a church. Now
this five thousand dollar exemption
is sufficient, and certainly alTords
gentlemen inclined to ho religious a
chance to exercise tluMr benevolence.
TAXATION OF CHUKCH PROPERTY 249
Tuesday]
CAMPBELL— MASON— MYERS
[August 15
If they choose to ori\ament their
churches let them pay for it.
Mr. CAMPBELL. Mr. President, I
would like to express my opinion on
the subject. It seems it is the de-
termination of some men in this hall
to make a drive at religion of all
kinds. A motion was made to strike
out God in the preamble of the con-
stitution; this comes up in another
form and has more strength. Mr.
President, we have been referred to
history: look at the effort made by
Voltaire and other infidel writers.
What was their cry? Down with the
churches! My opinion is that any
church is. better than no church. I
consider the church the salt of the
earth. Wipe it out, and you will
have a revolution like the one in
France, the like of which the world
has never seen. Because they rec-
ognize a supreme being, these
churches are the salt of the earth,
have a saving influence on the gov-
ernment; and why do you want to
tax them? They say they do not want
to tax benevolent institutions. If
churches are not benovelent institu-
tions, I do not know what are. As
is. said, the money given to churches
m this state comes from abroad;
people who exert themselves to raise
money to build churches are not able
to pay taxes, and should not be com-
pelled to do so.
Mr. MASON. Mr. President, I
rise to a question of privilege, — that
is, to repel the assertion that this
lis but an assault by infidelity on
Ichristianity. I deny it. Do you
rand the Methodist churches as the
Headers in infidelity? I deny the
Lspersion upon the gentlemen who
advocate that [?] with me upon this
question, upon the Methodist church
of this state, who ask for more than
we herein grant.
Mr. CAMPBELL. Mr. President,
the position of the Methodist church
puts me in mind of what I read in
Virgil a long time ago, when I was
a boy. Aeneas wished to marry a
daughter of Turnus, but Turnus ob-
jected, and they agreed to settle the
matter by single combat. The god-
dess Juno, being on the side of
Aeneas, formed, out of a hollow
cloud, a hollow Aeneas, with a hol-
low helmet on a hollow head, and
out of his mouth came hollow
words; and Turnus, seeing this hol-
low Aeneas, turned his attention to
it in place of the true Aeneas; and
while he was fighting it, the true
Aeneas attacked him in the rear,
j and slew him. The Methodist church
j is now in a deadly contest with in-
1 fidelity, and this taxation of churches
is set up as a false Aeneas; and while
I she is fighting this false issue in-
1 fidelity is attacking her in the rear.
I Mr. MYERS. Mr. President, I ex-
! pressed my views the other day in
reference to exceptions in taxation. I
desire to have equal lines in the mat-
ter of collecting revenue for the sup-
port of government and am opposed
to any exception. This is only an
indirect way of getting money [out]
of the treasury which, if these chari-
ties and religious institutions are
worthy of public support, ought to be
paid directly out of the treasury of
the state the same as we give money
out of our pockets for charitable pur-
poses. The state ought to be just to
its own citizens:
and to the amount
250 TAXATION OF CHURCH PEOPERTY
Tuesday] MYERS— BALLARD— ESTABROOK [August !•>
we exculpate persons for the payment
of taxes, other parties have to make
up deficiencies^ I look upon churches
and other institutions of that kind
as on a par with individuals. If the
state, in its charity or benevolence,
chooses to exempt small portions of
property, it may perhaps he given to
them; but I object to the principle,
because, if we make it in behalf of
churches, we may make it in be-
half of religious individuals. I see
by the paper that, instead of giving
property to the churches, they are
taking it away from them. Today's
telegrams say, "The Official Gazette
publishes the decree appropriating
for public use two convents and three
plats of ground in Rome belonging
to religious bodies."
I know that the Methodist Episco-
pal church and other protestant
churches are grasping for wealth.
They are becoming covetous. They do
not believe in the old, simple doc-
trine, "give without money and with-
out price, who are going after the
f.lthy lucre. We have examples of
Spain and New Mexico in allowing
churches to monopolize most of the
valuable portions of those countries,
where m llions and millions of dol-
lars have been devoted to the church
by the state and have built up a power
greater than the government itself.
I do not think that in withholding
any state appropriation to the church
that we are guilty of infidelity, or
making a drive at the churches at
all. I am in favor of a pure religion
8. This Is a olniiisy essay at quotation. It
must bo rofcrrod to Jsaiali, K : 1: "Come,
buy wino and milk witiiout money and with-
out price."— Ed.
or none at all. It must be either per-
fectly pure and above reproach, or
it is not the religion of the true God.
That is my opinion. That graveyards
and cemeteries should be provided for
and the ministers supported out of
the pockets of the people. I have
helped support the minister in the
past and will do in the future. I
try to be a Christian, but often come
far short. I care not whether it
comes from the Roman Catholic,
Jew, or Methodist, so long as he
worships the true God. That is my
religion. But to make one dependent
r.pon the state is a principle I op-
pose.
Mr. BALLARD. I move the pre-
vious question.
Mr. ESTABROOK. I wish to read
for information.
The PRESIDENT. The question
is, shall the main question be now
put?
The main question was ordered.
The PRESIDENT. The main ques-
tion having been decided in the
affirmative, the question is now up-
on the motion to strike out.
The ayes and nays be ng demami-
ed, the secretary called the roll.
The president announced the r- -
suit, ayes 13, nays 25, as follows:
YEAS.
Abbott,
Boyd,
Campbell,
Ilascall,
Manderson,
Newsom,
Thomas,
Thummel,
Towle,
Wakeley,
Wilson,
Woolworth,
Mr. President. — l;
" TAXATION OF CHURCH PEOPERTY 251
Tuesday]
THOMAS— ESTABEOOK— MYERS
[August 15
NAYS.
Ballard,
Moore,
Cassell,
Myers,
Estabrook,
Parchen,
Gibbs,
Philpott,
Gray,
Reynolds,
Griggs,
Robinson,
Kenaston,
Stevenson,
Grander,
Sprague,
Kilburn,
Stewart,
Kirkpatrick,
Shaff,
Lyon,
Tisdel,
Majors,
Vif Quain. — 2 5
Mason,
ABSENT
OR NOT VOTING
Curtis,
McCann,
Eaton,
Neligh,
Grenell,
Parker,
Hmman,
Price,
Lake,
Scofield,
Ley,
Speice,
Maxwell,"
Weaver. — 14.
So the motion to strike out was not
agreed to.
The PRESIDENT. The question is
upon the adoption of section 3.
The secretary read section 3, as
follows:
Sec. 3. The property of the state,
counties, and other municipal cor-
porations, both real and personal,
and such other property as may be
used exclusively for agricultural and
horticultural societies, for schools,
public cemeteries, and charitable pur-
poses; the buildings and grounds be-
longing to and used by any religious
society for religious purposes and
not exceeding $5,000 in value, may
be exempted from taxation; but such
exemption shall be only by general
law. In the assessment of real es-
tate incumbered by public easement,
any depreciation occasioned by such
easement, may be deducted in the
valuation of such property. For the
encouragement of agriculture and
horticulture, the legislature may
provide that the increased value of
lands by reason of live fences, fruit
and forest trees, grown and culti-
vated thereon, shall not be taken
into account in the assessment of
such lands for purposes of taxation.
Mr. THOMAS. I move to amend by
striking out the words "and not ex-
ceeding $5,000 in value," and insert,
"to the value of $5,000."
The am',ndment was agreed to.
The PRESIDENT. The question is
upon the adoption of section 3.
The secretary proceeded to call the
roll.
Mr. ESTABROOK, when his
name was called. I believe it to
bt our duty to protect our own proper-
ty, and that of municipal corpora-
tions from taxation, and leave the
balance to the legislature. There-
fore, I vote no.
Mr. MYERS, when his name
was called. I believe this is special
legislation embodied in the consti-
tution. I therefore vote no.
The president announced the re-
sult, ayes 2 2, nays 14, as follows:
YEAS.
Ballard, Moore,
Cassell, Newsom,
Gibbs, Parchen,
Granger, Reynolds,
Gray, Stevenson,
Griggs, Stewart,
Kilburn, Sprague,
Kirkpatrick, Shaff,
Lyon, Tisdel,
Majors, Vifquain,
Mason, Wakeley. — 22.
Abbott,
Boyd,
Campbell,
Estabrook,
Hascall,
Manderson,
Myers,
NAYS.
Philpott,
Robinson,
Thomas,
Thummel,
Towle,
Wilson,
Woolworth. — 14.
252
SALE OF PROPERTY FOR TAXES
Tuesday]
PHILPOTT— THOMAS— HASCALL—EOBINSOX—MASOX
[August 15
ABSENT OR NOT VOTING.
Curtis, McCann,
Eaton, Neligh,
Grenell, Parker,
Hinman, Price,
Kenaston, Scofield,
Lake, Speice,
Ley, Weaver,
Maxwell, Mr. President. — 16
So the section was adopted.
The secretary read the next sec-
tion, as follows:
Sec. 4. The legislature shall pro-
vide in all cases when it may be nec-
essary to sell real estate for the non-
payment of taxes, or special assess-
ments for state, county, municipal
or other purposes, that a return of
such unpaid taxes or assessments
shall be made to some general officer
of the county having authority to re-
ceive state and county taxes, and
there shall be no sale of property
for any of said taxes or assessments,
but by said officer, upon the order or
judgment of some court of record.
Mr. PHILPOTT. Mr. President, I
move to strike out section 4 and in-
sert this amendment, which I send to
the secretary's desk. What I desire
is, that the officer whose duty it is
to collect dues on unpaid taxes shouLi
do so upon the order or judgment
of some court of record.
Mr. THOMAS. Will the gentleman
permit me to ask a question?
Mr. PHILPOTT. Yes, s r.
Mr. THOMAS. Suppose I own prop-
erty in four or five different towns;
as sale is made on this property,
which is so located, on the same day,
how can I attend to the sales at the
same time?
Mr. PHILPOTT. I don't see but
v>^hat that difficulty may occur under
the section as it is. The thing I de-
sire is this: that the officer whoso
duty it is to make the sale of proper-
ty on taxes may collect the money
under the order of some court of
record.
The secretary read the substitute,
as follows:
The legislature shall provide in
all cases when it may be necessary
to sell real estate for the nonpay-
ment of taxes, or special assessments
for state, county, municipal, or other
purposes, that all sales of property
for any of [said] taxes, shall be by
the officers whose duty it is to collect
such taxes, upon the order or judg-
ment of some court of record.
Mr. HASCALL. Mr. President, in
cities of the first class, sales are made
by the city collector, and the returns
are not made to the county treasurer.
There was always a hitch between
the county treasurer and the city
treasurer in our city. There is no
reason why the collector of taxes
should not have the right to make
the sale. The gentleman from Ne-
maha (Mr. Thomas) asks if he can
be in two places at once to attend
to the sale , of property he may have
there. Of course not, but it don't oc-
cur very often that a man has proi -
eity sold for taxes in two places at
once. Then, again, let him pay his
taxes, and this land would not be
sold; or, if taxes have been illegally
imposed upon him, let him make the
proper showing.
Mr. ROBINSON. .Mr. President, 1
move to strike out, in the fourth lin^^
the words, "having authority to re-
ceive state and county taxes."
Mr. MASON. Mr. President, T will
state —
Mr. HASCALL. Mr. President. !
call the gentleman to order; he h;i
spoken once and has no right to spea .
again on this subject.
SALE OF PEOPERTY FOR TAXES
253
Tuesday]
BALLARD— ROBINSON— MASON— PIASCALL—ESTABROOK
[August 15
Mr. BALLARD. Mr. President, 1
hope this convention will do just as
it has been doing — vote down all the
amendments Douglas and Lancaster
counties can offer.
The PRESIDENT pro tempore.
The question will be upon striking
out section four.
Mr. ROBINSON. Mr. President, I
moved an amendment, to strike out
in the fourth line, the words, "having
authority to receive state and county
taxes." It seems to me that it makes
no difference whether the state taxes
the property, or the county taxes it.
I would like to see this rule applied
to all taxes. Cifes of the first class
have an officer who collects taxes.
Mr. MASON. I desire to say to the
convention, that this section, in my
judgment, is framed with great care
and skill. I will state briefly why.
Now the same person is authorized to
collect the taxes, and then he distrib-
utes to the different counties. It
secures the speedy and prompt col-
lection of the taxes, and then the
money is d stributed to the various
municipalities to which it belongs.
Mr. ROBINSON. I withdraw my
amendment.
Mr. HASCALL. Mr. President, I
move an amendment.
The secretary read the amendment
as follows:
To strike out all after the word
county, in the second line, and
before the word purposes, in the
third line, and insert the words,
"township, precinct, school district
or road district."
Mr. ESTABROOK. Mr. President,
just one word in regard to it. I had
forgotten that cities of the first class
had this authority. i^'or my own
single self, I would oppose putting
the sale of taxes into the hands of
more than one person in the county,
and I would have him give bonds for
the faithful performance of that duty,
and that he should be charged with
the sale of all real estate.
The PRESIDENT. The question
s on the amendment of the gentle-
man from Douglas (Mr. Hascall).
The ayes and nays are demanded.
Secretary, call the roll.
The vote was taken and the re-
sult announced, ayes 5, nays 28, as
follows:
YEAS.
Granger, Philpott,
Hascall, Wakeley. — 5.
Myers,
NAYS.
Abbott, Newsom,
Ballard, Reynolds,
Boyd, Robinson,
Campbell, Shaft,
Estabrook, Sprague,
Gibbs, Stevenson,
Gray, Thummel,
Griggs, Thomas,
Kenaston, Tisdel,
Kilburn, Towle,
Lyon, Vifquain,
Majors, Weaver,
Mason, Wilson,
Moore, Woolworth. — 28.
ABSENT OR NOT VOTING.
Cassell, Maxwell,
Curtis, Neligh,
Eaton, Parchen,
Grenell, . Parker,
Hinman, Price,
Kirkpatrick, Scofleld,
Lake, Speice,
Ley, Stewart,
McCann, Mr. President. — 19
Manderson,
So the amendment was not agreed
to.
254 SALE OF PEOPEETY FOE TAXES
Tuesday]
MASON— MOORE— VIFQUAIN—NEWSOM
[August 15
Mr. ]MASON. I move to insert the
word such before the word proper in
the fifth line.
The amendment was agreed to.
The PRESIDENT pro tempore.
The question is on the adoption of
the section.
Section 4 was adopted.
The secretary read the ao>:t sec-
tion, as follows:
Sec. 5. The right of redemption
from all sales of real estate for
the nonpayment of taxes, or special
assessments of any character, what- 1
ever, shall exist in favor of owners [
and persons interested in such real
estate for a period of not less than j
two years from such sales thereof;
and the legislature shall provide by
law for reasonable notice to be given
to the owners or parties interested,
by publication or otherwise, of the
fact of the sale of the property for
such taxes or assessments, and when
the time of redemption shall expire:
Provided, that occupants shall in all
cases be served with personal notice
before the time of redemption ex-
pires.
Mr. MOORE. I move to strike out
the section.
The motion was not agreed to.
The PRESIDENT pro tempore.
The question is on the adoption of
the section.
Section 5 was adopted.
The secretary read the next sec-
tion, as follows:
Sec. 6. The legislature shall have
no power to release or discharge any
county, city, township, town, or dis-
trict, whatever, or the inhabitants
thereof, or the property therein, from
their or its proportionate share of
taxes to be levied for state purposes,
nor shall commutation for such taxes
be authorized in any form whatever.
Mr. VIFQUAIN. Mr. President, 1
moved a new section to be inserted
here.
The PRESIDENT pro tempore.
That section will be taken up.
Mr. MAiSON. Mr. President, I
move a substitute for the one re-
ported by the committee. I will read
it.
"All property, real, personal, or
m.ixed, within the jurisdiction of this
state, shall be listed and taxed, ex-
cept as otherwise provided in this
constitution; and the legislature
shall provide by law for carrying in-
to effect this provision."
I offer that as a substitute instead
5f the one reported by the committee.
This was unanimously agreed upon
by the special committee.
The section was adopted and num-
bered seven.
The secretary read the next sec-
tion, as follows:
Sec. 8. All taxes levied for state
purposes shall be paid into the state
treasury.
Section 8 was adopted.
The secretary read the next sec-
tion, as follows:
Sec. 9. County authorities shall
never assess taxes, the aggregate of
which shall exceed two dollars per
one hundred dollars valuation, ex-
cei)t for the payment of iiidel)ted-
ness existing at the adoption of this
constitution, unless authorized by a
vote of the people of the county.
Mr. NEWSOM. Mr. President, I
move to strike out the word two in
second line and insert "one."
The motion was not agreed to.
Section 9 was adopted.
BOARD OF EQUALIZATION 255
EOBINSON-ABBOTT-BOYD [August 15
Tuesday]
The secretary read the next sec-
tion, as follows:
Sec. 10. The legislature may vest
the corporate authorities of cities,
towns, and villages with power to
make local improvements by special
assessment, or by special taxation of
contiguous property, or otherwise for
other corporate purposes. All munic-
ipal corporations may be vested with
authority to assess and collect taxes;
but such taxes shall be uniform in re-
spect to persons and property within
the jurisdiction of the body impos-
ing the same,
Mr. ROBINSON. Mr. President, I
move to iStrike out all except the
W'Ords contained in the last period of
the section.
Section 10 was adopted.
The secretary read the next sec-
tion, as follows:
Sec. 11. The legislature shall not
impose taxes upon municipal corpor-
ations, or the inhabitants or property
thereof for corporate purposes, but
shall require that all the taxable
property within the limits of munic-
ipal corporations shall be taxed for
the payment of debts contracted un-
der authority of law, such taxes to be
uniform in respect to persons and
property within the jurisdiction of
the body imposing the same. Private
property shall not be liable to be
taken or sold for the payment of the
corporate debts of a municipal cor-
poration.
Section 11 was adopted.
The secretary reaa the next sec-
tion, as follows:
Sec. 12. No person who is in de-
fault as collector or custodian of
money or property belonging to a
municipal corporation shall be eligi-
ble to any office in or under such cor-
poration. The fees, salary, oi* com-
pensation of no municipal officer,
who is elected or appointed for a defi-
nite term of office, shall be increased
or diminished during such term.
Section 12 was adopted.
The secretary read the next sec-
tion, as follows:
Sec. 13. The legislature of the
state at its first session shall provide
by law for the funding of all out-
standing warrants and other indebt-
edness of the state, at a rate of in-
terest not exceeding ten per cent per
annum; and all counties, cities,
towns or other municipal corpora-
tions may fund their outstanding in-
debtedness in bonds, bearing a rate
of interest not exceeding ten per cent
per annum, an such manner as the
legislature! may provide.
Section 13 was adopted.
The secretary read the next sec-
tion, as follows:
Sec. 14. The governor, auditor of
state, state treasurer, and members
of the state senate sh^ll constitute
a board of equalization, and shall
meet at least once in each year, for
the purpose of equalizing the assess-
ment of property throughout the
state.
Section 14 was adopted.
Mr. ABBOTT. Mr. McCann left
with me two sections to be introduced
in case he was absent. This is the
first one.
The secretary read the section, as
follows:
Sec. — . The bonds issued by
counties, cities, townships, or .other
municipal corporations, for internal
improvements, shall be registered
with the state auditor, and the inter-
est and principal due thereon shall
be paid into the state treasury.
Mr. ABBOTT. I will state that I
understand the effect of this section
in other states has been to increase
the negotiability of those bonds and
make them bring h'gher prices in
the market.
Mr. BOYD. I am opposed to the
section for one reason, and that is.
256 BEGISTEATIOX OF MUXICIPAL BONDS
Tuesday] ROBINSOX— ABBOTT— XEWSOM—KIRKPATRICK—ESTABROOK— GRAY [August 15
that if this process is carried out it
will make the state an endorser of
the bond. I prefer to leave them
just as they are.
Mr. ROBIXSOX. I would like to
hear from the mover of this section,
Vv-hat in the world it is for. I see no
advantage to be gained by the state,
to the bondholder or the state, by
tho section.
Mr. ABBOTT. I will inform the
gentleman that the informat on I re-
ceived from Mr. McCann was, that
it will make those bonds negotiable
and subject to regular call, the same
as other bonds.
^Ir. NEWSCM. Then the effect of
that would be to make the state the
endorser of those bonds, and if that
id the effect, I am opposed to it.
Mr. KIRKPATRICK. This is all
right. I think the gentlemen who
hold these bonds ought to see to the
collecting of them, and do all that is
necessary in the premises. If there
is no responsibility -mposed upon the
state, and it can be shown this would
be just and expedient, I am agreeable
to it.
:\Ir. ESTABROOK. 1 think I can
imagine, sir, v/hy such an amendment
as this is offered. I know it has
been usually the case that whenever
bonds have been issued, they have
been required to be paid in different
local ties; and when they fall due,
it is not always known where the ;
bonds may be found upon which to '
make the endorsement. I supposed it
was for greater convenience to know
where to find these things, and have
the payment made in a proper man-
ner, and that the bondholders them-
selves might know more accurately
v.'here to find them and meet their
obligations. And, while there might
be some good in such a measure, I
am not prepared to vote for it, unless
it should pass under the supervision
of a committee who should explain
what its object was. If Mr. Mc-
Cann was here to make the explana-
tion, I presume he could explain
wherein it contained considerable
merit.
Mr. GRAY. I do not like this pro-
posed section. It may be that the
effect of such legislation as is pro-
posed by it would have a tendency to
involve the credit of the state. That
ib illegal. The real objection I have
is th s. Now, sir, so far as the place
where the bonds are to be paid is
concerned, there is no trouble about
that. The people of the counties or
towns have it in their power, when
they vote these donations, to fix both
the time and place of payment, as,
for instance, they can provide in the
submission of the proposition that
the bonds shall be paid at the treas-
urer's office in their county; and
they have done that in many in-
stances; and they have done so for
the purpose of avoiding the incon-
venience of making their payments
elsewhere. And when they determine
the time and place it is a contract
between both parties. There is no
need of law upon the question; and 1
do not believe it is necessary to have
a provision in the constitution upon
the question. 1 do not think it would
be wise to make it payable at any
given place in the state, but I think
it is better for all concerned — at tho
office of the county treasurer in the
county where the indebtedness arises.
BOAED OF EQUALIZATION 257
MASOX— ABBOTT— MOORE [August 15
Tuesday]
Mr. MASON. I am opposed to the
adoption of th s section for several
reasons. The first is, that in the
counties of Otoe and Cass, there now
lies considerable money, which has
not been paid over for certain causes,
which has been collected as interest
upon those bonds, and it transfers
that money from txie hands of the
local treasury to the capital and to
the state treasury. I am opposed for
another reason, that while this money,
much of it, is tied up by an obligation
for injunctions, and in no case has
an injunction been decided, but the !
authorities have refused to pay it;
and there is a very considerable
amount now in the treasury of Otoe
that people paid, and it rem^ains there,
instead of being paid into the state
treasury, until that question may be
settled. That is my first objectjon.
My second is, that it furnishes the
state officers an opportunity to handle
it, and it is but the entering wedge
to the final securing of the state's
endorsement and liability. This is
made obvious when it is admitted
that -t gives additional security to
the bonds. It is a sort of quasi state
endorsement, for the state undertak-
ing to become a trustee to handle
this money for the benefit of the
bondholder.
These, then, are my reasons. Let
the state keep its hands off; let rail-
road companies and the municipal-
ities settle that question between
themselves, as shall best serve their
convenience. Why mix up the state
with the transaction? Why bring the
money here, if there is no "cat in
the meal," and no man to use it
for banking, or other purposes? Why
not leave it in the city of Omaha?
Mr. ABBOTT. The bonds of our
county (Hall) are made payable in
New York city.
Mr. MASON. Another objection
strikes me. If Hall county, or any
other county, is to pay the interest
on her bonds in New York city, w^e
have no right to say she should not.
The PRESIDENT pro tempore.
The question is upon the adoption of
the section offered by the gentleman
from Hall (Mr Abbott). The con-
vention divided, and the section was
not adopted.
The PRESIDENT pro tempore.
The other section offered by the gen-
tleman from Hall (Mr. Abbott)
reads:
The legislature shall provide for
a board of equalization consisting of
at least nine members for equalizing
the assessment of property through-
out the state.
Mr. ABBOTT. Mr. President, I
will say that while I introduced this
section at the request of Mr. TMcCann.
I have doubts about the feasibility
ol it They had a large board of
equalization in New York, and I un-
derstatnd, that in the equalization of
the assessment the members of the
board each w^orked for the benefit of
his own particular section. In this
way the provision would create
trouble.
Mr. MOORE: Mr. President, I
think this section is entirely unnec-
essary. It is taking work out of the
hands of the legislature.
The PRESIDENT pro tempore.
The question is upon the adoption of
the section proposed by the gentle-
man from Hall (Mr. Abbott).
258 EXEMPTIOX OF TEEES FROM TAXATIOX
Tuesday] EOBTXSOX— THOMAS— MASOX [August 1-5
Tlie section was not adopted.
Mr. ROBIXSOX. Mr. President, I
vrisli to amend the 'section offered by
the gentleman from Otoe ( Mr. Ma-
son) .
The PRESIDENT pro tempore.
If there is no objection made the
gentleman can offer his amendment.
"Object! Object!"
The PRESIDENT pro tempore.
The only way to reach it, then, ob-
jection being made, is to reconsider
the vote by which section 3 was
adopted.
Mr. THOMAS. :\Ir. PRESIDENT, I
move it be reconsidered.
Mr. MASON. Mr. President, I
think my friend from Lancaster ( Mr.
Robinson ) has fallen from grace. I
think that the section provides that
the enhanced value Avhich accrues by
planting trees, hedges, and orchards
upon a piece of land should not be
taken into consideration in the assess-
ment of taxes. It seems to me that,
in this, we have adopted a just and
right rule. I do hope that this sec- '
tion may not be reconsidered. :
The section was very unanimously
considered in committee of the whole.
Mr. ROBINSON. Mr. President, 1 ;
desire to say to my friend from Otoe
(Mr. :Mason I that I have not fallen
from grace. I am satisfied that the
section is wrong in principle. As I said
before, the taxes must be paid by
somebody. Now, sir. these trees are
either for ornament, or for use. If
they are for use. the owner should
pay taxes upon them, the same as he
does upon his hogs or cattle, and if
he is extravagant, and wastes his
means in ornamenting his place, he
should pay taxes upon it. Of course
I don't think that the agriculturalists
cannot complain that their property is
assessed too high. I think that they
ought to be taxed upon their improve-
ments. In town, personal property
is generally assessed at its full value.
I know that from actual observation.
I see no reason why the property of
farmers should be exempt from tax-
ation. Somebody must pay taxes up-
on these improvements.
The PRESIDENT pro tempore.
The question is upon the recon-
sideration of the vote by which sec-
tion 3 was adopted.
The secretary called the roll.
The President announced the re-
sult, yeas 12, nays 24. as follows:
YEAS.
Abbott,
Robinson,
Boyd,
Stevenson,
Campbell,
Sprague,
Majors,
Tliomas,
Myers,
Tliummel,
Newsom,
Wool worth. — 12.
NAYS.
Ballard,
Manderson,
Cassell,
Moore,
Gibbs,
Parchen.
Granger,
Reynolds,
Gray.
Stewart,
Griggs,
Shaff,
Hascall,
Tisdel,
Kenaston,
Towle,
Kilburn,
Vifquain,
Kirkpatrick,
Wakeley,
Lyon,
Weaver,
Mason,
Wilson.— 24.
ABSENT
OR NOT VOTING.
Curtis,
McCann,
Eaton,
Neligh.
Estabrook,
Parker.
Grenell,
Philpott,
Hinman,
Price,
Lake,
Scofield,
Ley,
Speice,
Maxwell,
Mr. President. — IS
So the motion to reconsider was
I'Ot agreed to.
MINOEITY EEPEESENTATION 259
WAKELEY-GEIGGS [August 15
Tuesday]
The PRESIDENT pro tempore.
The question is on ordering this
article engrossed for a third reading.
The motion was agreed to.
The President (Mr. Stricl^land) re-
sumed the cha r.
Mr. WAKELEY. Mr. President,
There is a proposition reported by
the committee on representative re-
form. This proposition was voted to
he referred to the committee on
schedule, but came back to the com-
mittee under some informality. T
hope it will be taken up now and al-
lowed to take this course, and if
there is to be any fight made on it,
it will be when it returns from the
committee on schedule.
The PRESIDENT. The proposition
will be taken up if there is no ob-
jection.
The secretary read the proposition,
as follows:
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, 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 req-
uisite number shall require it, the
choice between them shall be made
by lot.
Mr. GRIGGS. I move that this
proposition be indefinitely postponed.
I would not say anything upon this
important question, were it not that
but little has been said upon the
subject by those who are opposed to
minority representation. I am op-
posed to this scheme, of mushroom
growth, for very many reasons. I am
opposed to it because I do not believe
it to be consistent with true public
policy. It is an old democratic say-
ing, that, "the majority shall rule;"
it is a saying, or rather, an axiom,
that has been reechoed by Calhoun,
Webster, Clay and all the great states-
men who have left the evidence of
the.'r wisdom upon the pages of his-
tory. The theory of minority rep-
resentation ^presupposes that all the
electors of the state are classed into
two parties, namely, democratic and
republican. This is a wrong basis to
start from. Pure minority represent-
ation, or proportional representation,
8s called by the gentleman from
Douglas, (Mr. W^akeley) can not be
had except by allowing every elector
in the state to come to the capital in
person, and be his own representa-
t ve: for no person can truly repre-
sent the views of another; it is a
moral impossibility for a man of any
original views of his own to represent
the views of another person. But, in
view of the fact that all cannot be
directly represented by those of their
own way of thinking, it has been
proven by the experience of time,
and the wisdom of ages, that when a
majority can agree upon any one
thing, the wish of the majority should
be the law.
The wish of the majority was un-
questionably the rule of right when
the democrats had the reins of gov-
ernment in their hands for so many
years. It was right that the demo-
cratic party should administer the
affairs of the government until the
minority should increase in numbers
260
MIXOEITY REPKESENTATION
Tuesdaj'] GRIGGS [August 15
and become tlie majority and bid
them take a back seat. Whenever the
republican party sliall liave per-
formed its mission and shall then
lapse into immorality and corruption,
then will another party spring into
ex'stence and hurl the corrupt bar-
nacles from tlieir throne of power.
As the warm sunshine, that enervates
and gives life to a^^ aniniHled nature,
at last breeds pestilence and death,
so the majority at first rules in jus-
tice and right, but at last becomes
corrupt, and the government trembles
and staggers beneath her load of
political dishonesty and impurity.
And as the storm purifies the at-
mosphere and brings health to our
physical body, so alsD does the min-
ority, as in the past, r se into power,
and, becoming the majority, bring
health to the body politic. Xow, My.
President, I deny that minority rep-
resentation should be the rule, or
that it brings about the end de-
sired by the gentlemen who favor
it. In this governmeni, of ours, the
very foundation stone is, that the
''majority is right," and ought to
rule. Whenever the v ews of the
minority become popular and ought
to be the law of the land, then the
minority ceases to be such, and at
once becomes the majority. Minor-
ity representation would drive every
person into the political ranks, not-
withstanding that such would be a
great evil to the state. In the election
of representatives, very frequently it
would happen that a man who claim-
ed to be a democrat would better
represent even the rei)ubli('ans them-
selves than a republican, for a larger
portion of the work of a representa-
tive has nothing to do with politics;
and yet minority representation rec-
ognizes naught but party and not
principle, and the issue in every case,
being purely political, under the new
regime, the true interests of the
state would be lost sight of in repre-
sentative elections. iMinority? Why,
Mr. President, they beg the question
when they pronounce the word mi-
nority. Why are they the minority?
If their principles were right, would
they not be embraced by the honest,
hard working people of the land?
Most assuredly yes. Let the minor-
ity convince the people that they are
right, and at one boid stride will the
mincrity advance on to victory, and
become the major, ty. Until that
time, let the will of the people be the
law of the land. The gentleman from
Douglas (Mr. Wakeley) calls minority
representation "proportional repre-
sentation." Let us see how this is.
Suppose that there are ninety demo-
crats,, one hundred republicans, and
ten who are neither democrats or
republicans in a certain representa-
tive district in which three repre-
sentatives are to be elected. The
one hundred republicans elect two
delegates, the ninety democrats elect
one delegate, and the remaining ten
have no voice whatever in the elec-
tion of the three delegates. Is this
proportional representation? In or-
der to apply this new theory, twenty
delegates would have to be elected
n the district, then the ten could elect
one delegat(\ Ibe ninety democrats
could eAvc.t nine delegates and the
(jiKi hundred republicans could elect
ton delegates. This would be "pro-
portional representation" in its pur-
MINOEITY EEPRESENTATION 261
Tuesday]
ity. Or. what would be better yet,
let all of the two hundred persons
attend the legislature in person. Or,
suppose the one hundred should cast
one hundred votes each for three
representatives, and the ninety should
cast their three votes (27 in the
aggregate) for two representatives,
giving each of their two candidates
one hundred and thirty-five votes.
In that case the ninety would elect
two delegates, the one hundred would
elect one delegate, and the ten would
elect none. How is this for minority,
or proportional representation. Give
us the old democratic principle of
"the majority shall rule," in pref-
erence to such a monstrosity as this.
Again, Mr. President, the minor-
ity plan would be offering a premium
to bribery and corruption. The cor-
rupt moneyed politician, who would
have to bribe three hundred voters in
order to secure an election to office,
would find it much easier to find one
hundred voters who would cast their
three votes each for him, and thus
elect him to the desired position,
than he would to find three hundred
persons who would, through corrupt
influences, deposit their single ballot
and elect him to the office as in the
first instance.
Under the minority representa-
tion plan, rings vv^ould be formed and
corruption would be at par; for every
man purchased would cast three
votes, which would enable the un-
scrupulous moneyed politician to al-
ways secure an elect) on to office. It
would be a very different thing if
a man only had one vote, than if he
had three, in a corrupting point of
view. Mr. President, some seem to
[August 15'
think that the republican party only
are opposed to minority representa-
tion. I think this is a mistake. I
feel satisfied that the entire western
part of the state is opposed to it:
for, to apply the principle in the
sparsely populated portion of our
state, several counties would have to
be formed into one representative
district, in which three representa-
tives would be elected; this would be
substantially our old system of
"floats," so repugnant to the people,
and if anything would defeat the
constitution, it would be to reinaug-
urate the old system of floats, the
curse of our state in the past. Again,
political parties are changing, and
the republicans in power today may
be changed to the democrats in power
tomorrow. Who knows what the next
election will bring forth? Much less
the changing scenes of the next twen-
ty years to come, when our consti-
tution will perhaps still be in exis-
tence. In looking over the history of
the political parties for the past few
years, we find that change has been
the rule, and not the exception; and
although some may think that this
opposition to minority representation
is from the republicans alone, yet
any careful observer will say that it
is not a political question at all, but
simply one of public policy and jus-
tice. ■ I cannot, in view of what I
consider to be right, vote for what I
consider to be this humbug minority
representation. But, Mr. President, I
have been asked, "What harm can
there be, in submitting this question
to the people to be voted upon?" I
answer that, why not submit every
disputed question to the people to be
GRIGGS
262
MINOEITY EEPEESENTATION
'uesday]
GRIGGS— WAKE LEY
[August 15
voted upon? Mr. President, I have
been as much in favor of certain prop-
ositions that have been voted down
by this convention as gentlemen are
who favor this proposition; and yet,
when fairly beaten, I have yielded
to the wish of "the majority. Minority
representation was fairly beaten in
this convent) on by tlie decisive vote
of 2 5 to 15, but yet gentlemen are
not satisfied, but ask a separate sub-
mission of the proposition to the peo-
ple. I Avill not vote for the submis-
sion, because anything we submit
comes to the people with a sort of
endorsement or recommendation from
this convention. I am not willing to
give such an endorsement by my
vote; for I believe that it is one of
those subtle propositions that the
mass of the people would not under-
stand, and, if adopted, would do more
to uproot our democratic institutions
than anything else we could do. 1 I
Avould sooner make a mistake by vot-
ing against this proposition, doing so j
believing that I was right and that
the question ought not become a law, |
than to vote for the submission and |
have it adopted by the people, and I
then discover that a great mistake had
been made. Mr. President, I cannot,
nor will I vote to submit any propo-
sition to the people, as a separate
article, that I would not vote to in-
sert in the constitution itself. Sir,
the people sent us to this convention
that we might draft a constitution for
them. They knew that every section,
every article, aye, and the ent re con-
stitution would have to be framed and
submitted by the voice of the major-
ity. There is scarcely a section in
the entire consiMtution but that some
member opposed; and yet they had
to yield. Now I do not see by what
rule of right you measure this pro-
posed section. If a majority governed
in other cases, why not in this?
"What sauce for the goose, is sauce
for the gander." You defeated cer-
tain propositions of which I was an
j earnest advocate, because you be-
j lieved them to be wrong. I intend to
m.easure you by your own yardstick,
and vote against tne submission of
: minority representation because I be-
\ lieve it to be wrong. We know by
past experience that our beautiful
state will prosper in the future as in
the past, under the old majority prin-
ciple, and that under our present form
of government the "Great American
Desert" will blossom as the rose, and
the rights of every humble subject of
our state be protected. And now,
as I close my remarks, I ask every
member of this convention Avho be-
lieve minority representation to be
wrong to unite with me and by your
vote destroy it, ere it has an exis-
tence.
Call of the House.
:^rr. WAKELEY. Mr. President, I
move a call of the house.
The PRESIDENT. A call of the
house is demanded.
The secretary will call the roll.
The secretary called the roll and
the following were
PRESENT.
Abbott, Griggs,.
Ballard, Hascall,
Hoyd, Kenaston,
Campbell, Kilburn,
Cassell, Kirkpatrick,
Estabrook, Lyon,
Gibbs, Majors,
Granger, Mason.
Gray, Manderson,
MINOEITY EEPKESENTATION
263.
Tuesday]
WAKELEY— MASON— MYERS— ROBINSON— GRAY
[August 15
Myers,
Newsom,
Parchen,
Philpott,
Reynolds,
Robinson,
Stevenson,
Stewart,
Sprague,
Scofield,
Shaff,
Thomas,
Thummel,
Tisdel,
Towle,
Vifquain,
Wakeley,
Weaver,
Wilson,
Woolworth,
Mr. President.— 39
ABSENT.
Moore,
McCann,
Neligh,
Parker,
Speice,
Price,
Curtis,
Baton
Grenell,
Hinman,
Lake,
Ley,
Maxwell,
Mr. WAKELEY. Mr. President, I
move that further proceed', ngs under
the call of the house be dispensed
with.
The motion was agreed to.
The PRlilfelDENT. The question
is on indelinite postponement.
Mr. MAiSON. Mr. President, I
desire to say it has been the under-
standing' of the convention that this
proposition f.hould be submitted sep-
arately to the electors, that is a tacit
understanding, as we had on the
bond question, and I stand now as
I stood then.
Mr. MYERS. Mr. Pres; dent, I de-
sire to state, inasmuch as I made the
motion for indefinite postponement,
that we have considered this ques-
tion before, and ha\e heard it ably
argued, and have taken a vote upon
it, and by a vote of twenty-five to
fourteen have rejected the propcsi-
tion. It comes now before us on
its passage for engrossment and
reference to this committee. I be-
lieve it to be a fraud i-i^pon the
electors for the purpose of getting
into positi on, in virtue of a minority
vote, men who are the advocates of
an objectionable measure, who could
not get into place and power by a
vote of a majority of their fellow
citizens. I believe, further, it would
be the organization of wrongs by
which the majority would be over-
whelmed by the minority. For in-
stance, if parties are nearly equally
di vided in a certain district where
candidates are to be voted for by
combination and manipulation, a ma-
jority may be overcome by the min-
ority who may get every man by this
manipulation and thus utterly over-
ride the will of the people.
I say this is an innovation of an
English visionary, but cannot be-
practiced /.n this country.
Mr. ROBINSON. Mr. Chairman, —
Mr. GRAY. I call him to order.
Mr. MASON. I move that the
gentleman from Lancaster have^
leave to speak.
Mr. GRAY. The gentleman is
too anxious to have a good deal of
debate. What is the use of having
rules if we do not stand by them.
No. Let us vote.
Mr. MASON. The ayes and nays
have not been demanded since I was
called into this nouse. I now move
that the gentleman from Lancaster
be permitted to proceed.
Mr. GRAY. I ask the president if
the ayes and nays have not been
demanded since he came?
The PRESIDENT. Yes.
Mr. GRAY. Then why does the
gentleman (Mr. Mason) go on like
this? He knows they have been de-
manded, but he is continually break-
ing over the rules.
264
MINORITY REPRESENTATION
Tuesday] 3IAS0X-KIRKPATRICK-SPRAGUE— WOOLWORTH— HASCALL—
WAKE LEY
[August 15
Mr. MASON. I insist on my mo-
tion, and if physical force be tlie
order of the day, come on. I move,
sir, that the gentleman from Lan-
caster have leave to debate this
question.
The PRESIDENT. The ayes and
nays have been called, and this is a
Questicn of courtesy. The question
is, gentlemen, shall the gentleman
from Lancaster have leave? |
The house divided, and the motion |
and [for] leave was not granted.
The secretary proceeded to call the
roll.
Mr. KIRKPATRICK, when his
name was called. If it is the wish
of the majority that this article shall
go before the people, I shall not ob-
ject. I think the principle is wrong
and I shall vote no.
Mr. SPRAGUE, when his name
was called. I wish to explain my
vote. I have been all along in favor
of submitting this question to the
people; but we have adopted another!
provision with wh' ch this would con- '
flict if carried. And for that reason
I vote aye.
Mr. WOOLWORTH, when his
name was called. It was my pur- ,
pose to have said something to the
convention upon this subject when j
the matter was up to be discussed; [
but when the judicial article was |
considered, 1 did not think that I I
should do any service to the con- 1
vention or the peopie of the state by
occupying the time of the conven-
tion at that time in the discussion of
this matter; and I desire leave of
the convention to submit my views
in brief upon the subject.
Mr. HASCALL. I object.
Mr. WOOLWORTH. If my col-
league refuses to grant me this priv-
ilege, which has always been accord-
ed to members of a body, I will not
ask the privilege. I will vote nay.
The president announced the re-
sult of the vote, ayes 15, nays 24,
as follows:
YEAS.
Abbott, Myers,
Ballard, Reynolds,
Cassell, Sprague,
Gibbs, Thummel,
Granger, Tisdel,
Gray, Weaver,
Griggs, Wilson. — 15,
Kenaston,
NAYS.
Boyd, Parchen,
Campbell, Philpott,
Estabrook, Robinson,
Hascall, Stevenson,
Kilburn. Stewart,
Kirkpatrick, Scofield,
Lyon, Shaff,
Majors, Thomas,
Mason, Towle,
Manderson, Vifquain,
Moore, Wakeley,
Mason, Woolworth. — 24.
ABSENT OR NOT VOTING.
Curtis, McCann,
Grenell, Neligh,
Eaton, Parker,
Hinman, Price,
Lake, Speice,
Ley, Mr. President. — 13
Maxwell,
So the motion to indefinitely post-
pone was not agreed to.
Mr. WAKELEY. There being no
amendment, and it being an engross-
ment, I move that the rules be sus-
pended and the article read at this
time.
The motion was agreed to.
:\rr. WAKELEY. I now ask for
the reading of the proposition.
MINORITY REPEESENTATION
265
Tuesday]
WAKELEY— GRIGGS— ESTABROOK—HASCALL—KTRKPATEICK-
MOORE— SPRAGUE
[August 15
The secretary read the proposition
as follows:
Proposition.
At any election when three or
more persons are to be elected to
the same office by the same constit-
uency, 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, 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.
The PRESIDENT. This is the
third reading of the proposition. It
is now on its passage.
Mr. WAKELEY. Do I under-
stand that this is a proposition to
go into the constitution, or to be sent
to the committee on schedule?
. The PRESIDENT. That :s pre-
cisely where it is. If the vote adopts
it, it goes to the committee on
schedule, to be submitted as a sep-
arate article.
Mr. GRIGGS. I would like to
know whether, when the report of
the schedule committee is reported,
we can strike lout, clr |make any
motion to that effect.
The PRESIDENT. The gentleman
must be his own judge in regard to
that.
Mr. ESTABROOK. I suppose we
can go so far as to say whether that
is the proposition ordered to be
placed there, and there would have
to be, undoubtedly, a motion adopted
as to whether it was or not.
Mr. HASCALL. All that is re-
quired now is simply to vote upon the
adoption of this article: then it
goes to the schedule committee.
The PRESIDENT. The question
i?: upon the adoption of the article.
The secretary proceeded to call
the roll.
Mr. KIRKPATRICK, when his
name was called. Mr. President, I
am under obligations to some gentle-
men upon this fioor to vote upon this
question, but when I agreed to do
this we had not made single repre-
sentative districts, and if that is
done this will be a nullity. I vote
aye.
Mr. MOORE, when his name
was called. Mr. President, I wish
to say in explanation of my vote
that the reason why I vote no is be-
cause I think this js not a good thing
for the people of this state. If I
were a democrat, I would not want
the republicans to extend this priv-
^ lege to me. I vote no.
Mr. SPRAGUE, when his name
was called. Mr. President, I be-
lieve this would be in conflict with
the single district provision, which
I like better than this, therefore I
vote no.
The president announced the re-
sult, as follows:
YEAS.
Ballard,
Boyd,
Campbell,
Cassell,
Estabrook,
Hascall,
Kilburn,
Kirkpatrick,
Lyon,
Mason,
Manderson,
Newsom,
Parchen,
Philpott,
Robinson,
Shaff,
Stevenson,
Scofield,
Thomas,
Towle,
Vifquain,
Wakeley,
Woolworth.
266
WOMAN SUFFEAGE
Tuesday] ABBOTT— BOYD— WOOL^ORTH—PHII.FOTT [August 15
NAYS.
Abbott, Myers,
Gibbs, Keynolds,
Granger, Sprague,
Gray, Stewart,
Griggs, Thummel,
Kenaston Tisdel,
Majors, WeaA'er,
Moore, AVilson. — 16.
ABSENT OR NOT VOTING.
Curtis, Maxwell,
Eaton, Neligli,
Grenell, Parker,
Hinman, " Price,
Lake, Speice,
Ley, Mr. President. — 13
McCann,
The PRESIDENT. The question
is upon suspending the rules and
be referred to the committee on
schedule, to be submitted as a sepa-
rate article.
The article was so referred.
Mr. ABBOTT. Mr. President, I
move that the section I offered, to be
incorporated in the report of the j
committee on revenue and finance, i
be referred to the committee on coun- '
ties. I
The PRESIDENT. It will be so
referred, no objection being made.
Ad.joiiniineiit.
Mr. BOYD. Mr. Pres dent, I move
we adjourn until eight o'clock this
evening.
The motion was agreed to.
So the convention, at six o'clock i
and three minutes, adjourned.
Evening Session
The convention met at eight o'clock
and was called to order by the presi-
dent.
licavo of AboscMice
:\Ir. WOOLWOKTH. Mr. President.
I desire to ask leave of absence for
the committee on revision, with the
understanding that we are to be sent
for whenever a vote is taken.
Leave was granted.
Female Suffrage
The PRESIDENT. The special or-
der for the evening is the substitute
offered by the gentleman from Otoe
(Mr. Mason) .
Mr. PHILPOTT. Mr. President,
having yielded the floor last even-
ing for the purpose of an adjourn-
ment, while section two of the article
on right of suffrage was under con-
sideration, I find that the same sub-
ject comes to us this evening in a
new section oft'ered as a substitute
for that section. The new section
offered proposes the extension of the
so-called right of suffrage to females
of the state under a general law of
the legislature, not, however, to be
in force until the same shall have
been submitted to a vote of the elec-
tors and the class to be enfranchised,
and the same shall have received a
majority of the votes cast by each of
the classes voting thereon. Sir, as to
the form of the proposition, I find
it objectionable to me in this, that
the matter of determining the ques-
tion of making females electors has
to pass through an unusual ordeal,
two chances being to defeat it. Not
like other matter submitted to
electors which have only to obtain
one majority, this is required to
obtain a majority of each of the
classes to whom it is to be sumbitted,
two chances being to defeat it. But,
sir, I propose to turn this objection
to the proposition to meet the
argument of gentlemen on this floor
who say .that the females of this
WOMAN SUFFEAGE
267
Tuesday] P'HILPOffT [August 15
state are not by petitions asking to
be enfranchised. I say, sir, that the
advocates of this proposed amend-
ment by it do not propose to enfran-
chise females until a majority of the
males and of the females shall by
their votes demand the ballot for
the class to be enfranchised. I sub-
mit, gentlemen, if it is possible to
present a matter of the character oi
the one under consideration more
fairly. Are gentlemen determined
by their actions here to say that
they can so far divine the future that
that they can provide, not only for
the present, but also for the long
years through which the constitution
may run, a perfect system of electoral
representation, and at the same time
say that one class of our citizens en-
titled to every civil right of the gov-
ernment shall not be a part of the
great electoral department of the
commonwealth? It does seem to me
that it would be the part of wisdom
for this convention, after first pro-
viding for the electoral representation
as it may now seem to be required,
then to further provide for such ex-
tension of the elective franchise as
the majority or majorities of the
people may, from time to time, sol-
emnly proclaim. As I stated yester-
day evening, |gentle(men object to
the extension of suffrage to females,
as they say, because it will have a
demoralizing influence on them, and
Avholly unfit them for that high estate
which nature has assigned them.
These assertions stand before this
convention as fancies of those by
whom they have been made, unsus-
tained by the experience of the past
or any argument of those who affirm
them. Sir, why should it have a
demoralizing effect on any class to
have an equal voice in choosing their
rulers and in determining the laws
by which they are to be taxed, to be
tried for life, or deprived of liberty?
Is this great symbol of citizenship,
the ballot, which alone is the real
guaranty to every civil right, de-
moralizing, degrading in itself? Gen-
tlemen dare not affirm it. The ballot
elevates: it does not degrade. The
evil to which gentlemen advert is
not in the ballot, it is in the male
electors, who, as a class, are more or
less degraded, while in the exercise
of the elective franchise, because
they are deprived of the presence
of their mothers, their wives, sisters
and daughters. Extend suffrage to
females and the effect at the polls
would be to elevate the character of
election days, as well as every male
elector, and no more at the expense
of those, our dearest friends, than
their presence with us in the lecture
room, the concert, at the agricultural
fair, and the celebration of our na-
tion's birthday — places to which
every class of males may come and
go as they choose.
I demand that suffrage shall be
extended to females for the reason
that they have not an adequate rep-
resentation in the electoral depart-
ment of this state. As evidence of
this, I cite the undeniable facts, that
in this state she has not fair wages
for her work, has not a fair field to
work in, the law with all its free-
dom does not place her on the same
footing as to property that it does
males. She has no voice as an elector
in the making of the laws which
268
WOMAN SUFFRAGE
Tuesday] PHILPOTT— WEAVER. [August 15
in making the laws which regu-
late her martial union, no voice
in the law which severs that which
the admonition is, not to sunder
which God hath joined together. 9
The motto of our state is, "Equality
before the law." This can no more
be among us with woman disen-
franchised than in our nation all men
were free and equal while there
were more than 3,0 0,000 slaves in
the land.
The great objects sought to be
obtained by the friends of the ex-
tension of suffrage to the long neg-
lected class may meet here a tem-
porary defeat, but, sir, the beams
of the light of reason, bearing with
them the all conquering power of
justice, will finally disperse the dark-
ness of prejudice which now blinds
the pathway of many. No power can
stay ihe r. sing social upheaval which
is now marking the approach of a
new hemisphere of humanity, which
with its own elevation, will be the
rise of man out of many of the cess-
pools of vice and degradation. With
us there are no terms of compromjse
until woman shall have "complete
emancipation from all political dis-
ab lities, and all legal social and in-
dustrial inequalities" and she stand
with men clothed with ' Equality be-
fore the law."
Mr. WEAVER. Mr. President, the
question of suffrage I deem one of
great weight; and more especially
should this subject receive the thor-
ough cons' deration of this body be-
cause by the exercise of this wonder-
ful power the whole nation is moved;
9. "What tJiorcforo Ood linst .ioinod, let
not man put n.ssunder.'.'— Matthew, 19:(i.
by its discreet and proper use we
are made prosperous and happy; or
by its indiscreet and improper use we
are made miserable and sorrow-
ful. I say, by the exercise of this
great primary power, measures are
adopted which completely revolution-
ize governments, not only state, but
national, wh'ch bring about wars —
yea, bloody, rebellious wars. The
great question here to be settled is
that of female suffrage, and I do not
wish to dispose of this question by
the use of the arguments generally
advanced pro and con, viz: that those
who favor female suffrage are effem-
inate and weak-kneed and not
entitled to the least consideration;
nor that those who oppose it are op-
pressive and selfish. I am fully aware
that this quesfon of late has, and
still continues to obtain considerable
favor among certain portions of the
community; but, regardless as to
what others may think upon this
subject, I 'wish to take a positive
stand against it in every shape, form
and manner. But, you say, "Why
not have female suffrage in this age
of progress' on?" You tell us that
since the creation of the world up
to the present time there have been
great developments and great dis-
coveries, and now, that the world
appears to be in the full sunlight of
knowledge, to have reached the pin-
nacle of human grandeur, and that
there appears to have been light
thrown upon every subject that can
conduct to the prosperity and happi-
ness of mankind. And while these
great developments have been in-
augurated and carried out under the
governments of m(>n. why, now, that
WOMAN SUFFEAGE
269
WEAVER
[August 15
Tuesday]
we may appear to be men of great
wisdom, shall we not set something
ent rely new on foot, something which
if it evince no wisdom will, at least,
show novelty, and thus be the cause
of immortalizing this body. Ah! but
there are a thousand reasons why;
and, first of all, is that we were sent
here to perform a sacred duty; here
to exercise our best judgment, and
not our worst; here, I say, to lay
the foundation, or at least, to at-
tempt to lay the foundation, to what
we. hope may prove to be a pros-
perous government, and not to create
the very means by which that gov-
ernment may be overthrown.
I would ask gentlemen who are
trying to press this measure upon
this convention whether they have
as yet cons' dered the first principles
of government, or v/hether, by their
ceaseless efforts upon this subject,
they are only anxious to gain pres-
tige, and notoriety among those
chaste maidens who are fishing for
political glo,ry?
But some will ask, "What do I
[you] mean by first principles of
government?" Let me explain. We
say that a republican form of govern-
ment is that wherein the majority
rules, and that :'f the minority should
once seize the reins of government,
there would be a speedy and power-
ful uprising which would terminate
only when the minority should be-
come content to be governed by the
majority. And here let me advise all
female suffragers to get down deep
into the meaning of this word ma-
jority; and the question arises, why
do majorities rule? You may say,
by virtue of the fact that with ma-
jorities is supposed to rest the wis-
dom of the nation. I admit this to
a certain extent; but there is a great-
er reason why majorities rule, and it
is by virtue of the fact that with the
majority rests the power, the muscle,
yes, the m litary strength of the na-
tion; so that, as a last resort, if
needs be, they can enforce by their
arms the very principles they have
advanced by their ballots, let the
idea once obtain, and w^ith
reason that the majority could
not by any possible means en-
force their measures, if it
should come to the last resort, and
how long would the niincrity yield?
Can we not all remember that, not
very long since, the chivalry of the
south, though much less in number,
rose up against the minions, of the
north and were enthusiastic in the idea
that they could overpower their su-
perior in number? But they w^ere
subdued;and this was conclusive that
majorities must rule. And now, T
repeat, again, that a republican form
of government is based upon the idea
that majorities rule, but upon that
'dea, only from the fact that Avith
the majority is supposed to rest [the
power] to enforce their rights if
they should be called in question.
And now, Mr. President, this ques-
tion of female suffrage — the whole
idea of a republican form of gov-
ernment: I say, that it proposes to
do away with the idea that the
military strength of the nation,
which is always the last resort,
resort, rests with the majority. For
example, let us suppose that upon any
given question that may arise to be
balloted upon, and in this iiliTStratioix
we will suppose that the number of
270
WOMAN SUFFRAGE
T'uesday]
female voters are just equal to the
male voters, and that three-fourth of
the females shall vote upon the one
side, and just enough more than one-
fourth of the males upon the same
side to make a majority of all the
votes cast. And now, we will further
suppose that the vexed question upon
which the ballots have been .ca,st
leads to a bloody war. Such being
the case, where :s the -strength of the
majority to carry out the measures
that have been set on foot by the
ballot. Those that were the minority
at the polls have then three-fourths
of the millitary strength of the na-
tion, a minority at the ballot box, but
three to one upon the battle field.
And is it possible that we have think-
ing men who will insist on encour-
aging such a state of affairs as this
— holding out such encouragement
to sedition, revolution and rebellion?
The strike that is being made is
at the very foundation of our govern-
ment, and it will not do to even give
encouragement to so wild a scheme.
I am aware that some will, in their
attempt to get around this argument
that the introduction of female suff-
rage need not necessarily do away
with the idea that the military
strength of the nation rests with the
majority; for the very idea of female
suffrage is that females shall be on
an equal with males in all the avo-
cations [vocations] of life, civil and
military; and, as an illustration of
the military glory that women have
won, they will tell us of the re-
nowned Boedicia [Boadicea] who led
on the Britians [Britons] against
the legions of Caesar; and thoy wil
tell us of the renowned story of
[August 15
Joan of Arc; and, in fact, they will
go all through heathen history to
gather up arguments to show that
woman is naturally "a great military
character; and all of their illustra-
tions will develop no other fact, only
that this proposed step is not a move
in the advancement and enlighten-
ment of the world, but a long stride
back to heathenism.
This great attempt to do away
with all distinc^'on betlw^een male
and female is a thrust at the laws of
nature. Tell me that woman with
her delicate organization, and with
the already great responsibility of
rearing, educating and looking after
a family of children, has another
great duty to perform which she
has long neglected, that of entering
into the excitement of political life,
of managing the great affairs of gov-
ernment, and I tell you there would
[be] quite as much sense in at-
tempting to make it incumbent upon
man to do the housework and take
care of the babes. God himself has
already fixed the spheres' of the sexes
py the different constitutions and
organizations which he has given
them; and why attempt, at this late
day, to reenact the laws of God. And
now, the question arises, by whom
has this movement been set on foot?
So far as males are concerned, I
claim it has been by demagogues,
men who have been disapi)ointed.
and who hope, through some great
revolutionary step, to ride into power
and posit on, and thus be in the full
realization of their youtliful dreams.
And, as to womcMi who liavc^ hovu en-
gaged in the moviMnoiil , thry -.wo bar-
ren, fruitless wonicn. wonnMi who.
WEAVER
WOMAN SUFFEAGE
271
WEAVER
[August 15
Tuesday]
had they obeyed the injunction of the
hible, which says, "Multiply and re-
plenish the earth," would have done
much more to build up this great
western wild than in this scheme.
And now, I have an example for
mathematicians. If this proposed
measure be carried out, tell me what
it would add to the mortality of in-
fants, babes unborn? We all know
that the great evil of the day, and
more especially among this very class
who always wish to be on exhibition,
is that of giving no issue, of murder-
ing their children, that they may
always appear in society. And now,
if som.e women, when there is- noth-
ing that calls them into public
life, are guilty of such infamy, what
will be the state of affairs when this
bounty or premium by calling them
into public life is offered as an in-
ducement to such vandalism?
Answer these grave questions, you
wise female suffragers, answer them
in sobriety, and not in jest. Under
the present state of affairs you would
think it a very improper place for
your wives and your daughters to
be in the court room, during the
development of certain cases — that
of rape, for example; and yet you
propose to set on foot a system by
which these very ones, surrounded
by all the vulgar characters of a
county, are to examine into these very
crimes and may ofttimes be upon a
jury with eleven men, and there to
remain locked into a jury room
through the whole night.
Reformation is the watchword of
this army of female suffragers; and,
* as used, it has no meaning; for if
you have made any assertions as to
what you wjll do, you have not
shown us how you can do it. The
best men of the nation have, since
ihe beginning of this government,
[been] using their every effort to
improve and elevate our national
character; and they have been suc-
cessful to a certain extent. And
now, is this great movement to fur-
nish brains to accomplish that which
our great statesmen have been inade-
quate to accomplish, to peer deep
down into those subjects which men
have failed to fathom? If this be the
idea, then I would answer that it is
a physiological fact that woman has
not the brain nor the nerve to
engage into the examination of those
great questions, that man has. But,
if you say that it is virtue you wish
to introduce into politics, then 1
could answer that virtue is safest
where least exposed.
And now, you mathematicians, I
ask you to give an estimate as to
the mortality of infants, babes un-
born. We all know that the great
evil of the day is that of giving of
no issue amongst a certain class. And
now I ask for the estim^ate as to the
amount this evil wiil be multipl'ed
if this provision is carried into effect.
Those are things to be considered in
this matter; and if, there are certain
women who are guilty of such in-
famies now, what will be added to
them :f this provision shall be adopt-
ed? I tell you now, gentlemen, you
must meet these questions fairly and
squarely.
Under the present state of affairs,
we would consider it very improper,
during the development in certain
cases in our courts to have our wifes
272
WOMAN SUFFRAGE
Tuesday] WEAVER— BALLARD— HASCALL [August 15
[wives] and. sisters present during
tlie proceedings. And yet, you pro-
pose to inaugurate a scheme by wh^cli
they shall not only be present upon
certain filthy cases, but you propose
to sit here and vote [in] the system
by which they shall be compelled to
examine those cases. I tell you it is
the worst scheme ever set on foot by
man.^o
Mr. BALLARD. The gentleman's
time has expired.
Mr. HASCALL. Mr. President,
I will not be lengthy in re-
marks, but this is a duty
which devolves upon me to make
explanation of my vote on the sub-
ject. I supposed when I came into
this convention that I would have
plenty of aid in support of my side
of the Question. I supposed that our
democratic friends in the convention
were going to be progressive for
once in their lives, and were coming
up in a solid body to support the
quest on of female suffrage. That
is, that they would go so far as to
submit the question to the people,
and abide by what a majority of
the Qualified voters would say upon
this subject. I liad heard them say
now that the negro had secured the
right to vote, they were ready to come
up to the scratch ana give woman the
right to vote, that they could do it
10. The ponderous prolixity and areliaistie
ar^UDients of llic loref^oiiif,' speeches af,'ainst
granting sii IIiii.l'c to women striiviiigly iihis-
trate tlie ^mcjiI chiiiige in style oi pubiie
spea]<ing and ;i(lvanceiiient in lliought and
opinion \vl>ieh liave taken i)hiee in tlie last
forty years. Whiles many thoughtful men
and women are now oi)posed to woman suf-
frage they use few of tlx' stock arguments
of this debate to sustain their o)).)eetion. The
favorite ami no less \'nlgai- term, "femah;''
suffrage li;is almosl wholly falliMi into dis-
use.— I'jI.
cheerfully, and upon principle, and
I had supposed they had prepared
to leave their land of bondage in
the kingdom of jeharaoh and come
into the vineyard and garden of the
Lord. (Laughter.) But, to my utter
suprise, I found considerable oppo-
sition; and I might say a majority
of the opposition in this body pro-
ceeding from one of the men who had
resolved to be progressive. But I
an inclined to think that still some
of them will come to the rescue and
place themselves upcn advanced
ground. And I am satisfied myself
that the progress ve radicals of this
body will also place themselves up-
on this high ground. This is a ques-
tion which is agitating the people,
and is one of the live questions of
the day. It is a question that cannot
be put out of sight. It will exist un-
til the people have satisfied them-
selves it is either right or wrong.
The reason I sustain the proposition
is not because I except to cut any
figure in its discussion. I have not
the ability or the inclination to occupy
as prominent a position upon this
question as my friend, General Esta-
brook, and I quietly yield the pres-
tige, if there is any, to him, and
simply define my i)osition, and the
reason I act as I do in reference to
this question.
hi the first i)la('e, I base it upon
tlie iiulivi(lti:)l ri,^lit of a woman,
that she has an indiv duality [the]
same as a man. She has a body. She
has an intellect and a. soul, and the
characteristics of a man, so far as
natural rights are concerncMl. and
li( r duties in lliis world ar(^ con-
cerned. She has a body to clothe
WOMAN SUFFRAGE 273
Tuesday] HASCALL [August 15
and nourish, a mind to qualify, and
a soul to save. And if she is a part
of a civil government, she has an in-
terest in that government, the same
as a man; and if she is to be gov-
erned, shall you say she is to have
no hand in forming that government?
I say it is extremely wrong in prin-
ciple, and because we have started
upon the wrong track, because wom-
en in the barbarous ages were in
bondage, it is not right, when we
have advanced to that higher civil-
ization, that we should continue this
barbarous practice. There is a high-
er point to reach, and I want to see
the people reach that point. It is
true a distinguished statesman has
said that " the road of progress and
reform, is paved with human bones,"
and, notwithstanding our friends
here in depicting the evils that will
result from the question, if it be-
comes a success; still I think we
ought not to be deterred from the
experiment, even if they do mass up
this imaginary pile of bones. I
think that the American people are
old enough in experience to bring
order out of disorder, and when the
question ar ses they will meet it in
such a way as will be; satisfactory
to all. But a few years ago I heard
people say that when the negro had
the right to vote, this country would
become a confused mass of ruins:
' that our institutions would crumble
into dust; and we would have no
more law or civil order in the com-
munity. But ;t so passed away. Now
this higher ground is no mythical
fountain of youth, no eldorado; but
it [is] just as much a reality as a
' future existence is to thinking men.
When they depict those evils which
must result from women being al-
lowed to vote, they will be insulted
and degraded, and that man will
be degraded, there is nothing in it;
it is the merest bosh ever heard of.
The truth is, if women are given the
right to vote, that men will be gal-
lant enough to see them exercise that
right, that they do not get insulted;
and your women have womanhood
enough to see that they get their
rights in that respect.
And if a band of roughs were to
interfere with the right of peaceful
citizens, I say there would be a
blood-letting, such as never was
seen before; and the blood-letting
which the American people have
seen would be as but a drop to what
would be in the settling of the ques-
tion. My friend from Richardson
(Mr. Weaver) says they would vote
upon muscle. That is, you, Mr.
Chairman, would have one vote, and
my friend, Estabrook, being a larger
man, would have two votes. It is
nothing of that sort. It is because
they have riights to protect, sand
taxes to pay; and if they have those
rights, they should have the power
of the ballot to protect their rights.
The ballot would elevate them; and
when their minds are cultivated, I
undertake to say they possess the
same intellect as man, although that
man has so big a fist to protect him
from being knocked down by his
neighbors. And if they have the
power, instead of debasing them, if
they choose they can remain as chaste
as an icicle, as pure as a snowdrop,
and as white as a snowflake. I was
surprised when a distinguished gen-
tleman of this convention, and a
man who stood high at the bar,
274
WOMAN SUFFEAGE
Tuesday]
should quote from the defunct statute
from the defunct state of Virginia,
and I am sorry he should have used
arguments which no one else would
have used.
I am sorry that a gentleman pos-
sessing the intelligence of the gentle-
man from Otoe (Mr. Mason) should
use these arguments. Now, with re-
gard to this question, I am willing
it should go to tne people of the
state, to say whether those now using
the elective franchise shall he the
only ones allowed to use it. We
should treat this question as we have
treated other questions which have
come before this convention. The
truth is, we have never given women
a chance to say whether they want
to exercise this right or not. They
should be brought up to the point,
and then they will stand by the plat-
form themselves.
Mr. STEVENSON. Mr. Chairman,
the question that is before the con-
vention tonight, for consideration, is
one which is up in church and state;
up in senate hall and sabbath school;
up in the court room and at the
communion table; up at every fireside
and school house; up in the deep
dells of Scotland and in sunny Italy;
up among the mountains of Switzer-
land and on the vine-chid hills of
France. It is a question in wliich
the people are manifesting consider-
able interest, from the great lakes
of the north to the southern gulf,
and from the rock-bound shores of
the Atlantic to the golden sands ol'
the Pac'fic.
As I sat in niy 5-:eat and I'stoned
to the arguments of the advocates
of the cause of female suffrage, for
[August 15
the past few evenings, it suggested
itself to my mind that these gentle-
men who are advocating this cause
must be a part of the antediluvian
giants of old who, being so tall that
the waters of the deluge did not
drown them, therefore they appear
before the members of this conven-
tion tonight, and are trying to make
us, who sit on these seats as the
great reservoir of American 1 berty,
Grecian fame, and Turkish polythe-
ism, we who use the swing, the great
flail of justice over the people of
this state, majestic-like for a
long time to come, we who are
to descend the deep arcana of na-
ture and dispose of this question
with equiponderating concatenation
'n reference to its future velocity
and reverberating momentum, should
substitute for section 2 in the article
on suffrage, which was stricken out
by the committee of the whole, a
section which is as follows:
The legislature may provide by
general law for the extension of the
right of suffrage to females of the
state having the qualifications of
electors other than that of sex, but
no such law shall take effect, or be
in force, until the same shall have
been submitted to a vote of the elec-
tors and the vote of the class pro-
posed by law to be enfranchised, and
received a majority of the votes cast
on that subject by each of the clasa.es
entitled to the right of suffrage,
the male, and female proi)osed to be
enfranchised by said act; and the leg-
islature shall provide by law for tak-
ing the vote of the females aforesaid
at their various places of residence.
Tlie gentlemen who are in favor of
lliis substitute base their whole ar-
gument on the right of the women to
vote, and they claim, as they are
cit zens of the United States, there-
HASOALL— STEVENSON
WOMAN SUFFRAGE
275
Tuesday]
STEVENSON
(August 15
fore it is unjust for us to debar
them of the privilege of the elective
franchise, I am, Mr. President, in
favor of voting dov^n any substitute
which these gentlemen may offer
for the section stricken by the com-
mittee of the whole, because we have,
in the article on future amendments,
provided a way by which the consti-
tut on may be amended; and if there
is any portion of the community to
whom the present electors wish to
extend the right of suffrage, let the
constitution go through the same
course that it would have to if we
were to change any other principle
therein set forth. Why should
we make a special provision in
this particular cas^e? I can see no
reason founded in equity or justice.
I do see, though, why the opposi-
tion are so strenuous in regard to
having this substitute carry. If they
succeed in carrying this substitute,
the legislature will be harassed at
every session w^th this question of
female suffrage; therefore, I wish,
right here, to put a quietus upon
this matter, and we can accomplish
this by voting down the substitute.
The discussion of this question, Mr.
President, has taken a very wide
range. The gentleman from Douglas
(Gen. Estabrook) claims Uhat, as
the fourteenth and fifteenth amend-
ments of the constitution of the
Un ted States, which declare that no
state shall make, or enforce any law
which shall abridge the privileges
and immunities of the citizens of the
United States, therefore it applies to
the right of the woman to the elective
franchise. The privileges and im-
munities, in the fourteenth and fif-
teenth amendments set forth, are, to
all intents and purposes, the same as
those set forth in section two, article
four, of the constitution of the Unit-
ed States. They are those privileges
and immunities which, of right, be-
long to ail the citizens of a free gov-
ernment, and which have at all
times been enjoyed by the citizens
of the several states, which are as
follows: 1st, protection by the govern-
ment and the enjoyment of life and
liberty; 2d, the right to accumulate
and hold property; 3d, the right of
'the citizen to pass through and re-
s de in another state for the purpose
of carrying on any vocation which
said citizen may see fit; 4th, the
right to bring" and maintain suits in
any of the courts of the state. These
privileges and immunities do not, in
any shape, manner or form, extend
to the political rights of the citizen,
because,, under our form of govern-
ment, each state has the right to say
who shall, and who shall not exer-
cise the elective franchise. If these
privilegTes and immunities did extend
to the political right of the citizen,
you or I, residents of the state of
Nebraska, or any other state, as the
case may be, could go into another
state, just before any election and
cast our votes without regard to any
law which they might have regulat-
ing the elect ve franchise. It is a
clear proposition, that no citizen of
the United States can vote in any
state, who has not the required qual-
ifications of the constitution of the
state in which the right :'s claimed
to be exercise!, except as to such
conditions in the constitution of the
states which deny the right to vote
to citizens resident therein on ac-
count of race, color, or previous con-
276
WOMAN SUFFEAGE
Tuesday]
dition. A state passing a law pro-
hibiting a person from voting on
account of sex, domicile, or minority
is not a denial of a citizen to vote on
account of sex, domicile, or minority,
servitude, which are the only limita-
tions in the constitution of the United
States. We must, Mr. President, in
the construction of the language used
in this [the] fourteenth and fifteenth
amendments of the constitution of
the United States, apply the same rule
that courts do in the construction of
law, viz: that it must be construed,
not only according to the letter, but
also according to the spirit of it.
Now what was the intention of con-
gress at the time these amendments
passed? Was it to give the elective
franchise to citizens without regard
to sex, domicile or minority, through-
out the several states? Most assur-
edly not; but it was without regard
to race, color, or prev;ous servitude;
and this is the only true construc-
tion, Mr. President, that can be
placed upon it.
The advocates of tliis cause claim
that because in England women have
the right under certain restrictions
to vote, therefore we ought in this
country to give them the same priv-
ilege. I believe it is in England
confined entirely to the single ladies.
Can any one deny the injustice of
such a law? There are thousands of
men who are subject to all the law.
They are compelled in time of war
to strap on their knapsacks, shoulder
their muskets and go forth beneath
the rays of an almost tropical sun to
fight for their country; yet they have
not a word to say in the making of
the laws which compel them to do
[August 15
this. The women are exempt from
this duty — why this unjust discrim-
ination? I will admit that there can
be no law passed but what will work
some injustice, but between two evils
I always believe in choosing the
least; and that law which exempts a
person from fighting to sustain a
government ^and denies them the right
of the elective franchise is a less evil,
and works less injustice, than to
allow them the elective franchise and
exempt them from fighting to sus-
tain the government which grants
them the privilege. But we are not
here to insert a section because some-
thing of the kind is found in England.
We are under an entirely different
form of government, and are making
laws suitable to our own peculiar cir-
cumstances. To extend to woman the
elective franchise: why it should not
be done.
Giving the elective franchise to the
woman would be a terrible innova-
tion upon the laws of our very being,
and upon our customs whereof the
memory of man runneth not to the
contrary. It is recorded in Black-
stone that when the people were in
a pastorial state "the men used
to get together and choose their
tallest man governor, "ii and so it has
continued until the present day, with
a very little deviation, that the men
have had the governing power. I be-
lieve that it was ordained by the su-
preme being of the universe that man
should have this power. No one caii
deny but what man is in every respect
the superior of woman. This prin-
ciple of superiority exists also
throughout the animal kingdom.
11. Blackstone mfglit have said something
lilic tliat, but hardly in tiiat way.— Kd.
STEVENSON
WOMAN SUFFRAGE
277
Tuesday] STEVENSON— MAJORS [August 15
Giving the woman the elective
franchise would have a tendency to
destroy that divinely ordained insti-
tution, viz: the marriage ceremony.
It is true that anything which tends
to stir up a dispute and sow the
seeds of dissension or mars that har-
mony wliich ought to exist in any
family between husband and wife.i-
"A house divided against itself can
not stand." The right of voting car-
ries with it the right to hold office,
and compels the party exercising the
right to assume all the responsibili-
ties which the persons now exercising
the right have taken upon themselves,
which are as follows: 1st, that of
becoming soldiers in time of war;
and, 2d, that of sitttig in jury boxes,
and many other duties too numerous
to mention. If they were to vote
they most assuredly would have to
preform these duties which she is
not in any respect fitted to perform.
But the opposition say that we have
no right to tax them without giving
them representation. There is not
a married woman in this country but
. what is represented by their husbands.
I care not if she owns millions of
dollars worth of property, the hus-
band has a certain interest in the
wife's property under the law; and
the husband having that interest,
there is not much danger of the wom-
an's rights being infringed upon.
And, further, the interests of all
women and men are so nearly identi-
cal, so nearly one, that I think there
is no danger at all of anything being
done in legislation which will not
inure to the benefit of woman just
" 12. Here the speaker strayed from the pred-
icate of his sentence, and forgot to supply
it.— Ed.
as much as it does to men. Finally,
Mr. President, I really think that if
the ballot was placed in the hands of
women, the old American eagle, that
stands with one foot upon the Alle-
ganies and the other upon the Rocky
m^ountains, whetting his beak upon
the ice-capped mountains of Alaska,
and covering half the southern gulf
with his tail, will cease to scream
and sink into the pits of blackness,
of darkness concentrated, where the
shrieks of lost spirits will forever
echo and reecho through cavernous
depths unknown and be no more for-
ever.
Mr. MAJORS. Mr. President, in
taking my place upon this floor in the
discussion of this question, I wish
to state (' Louder!") — I will get up
directly — I wish to state in the first
place that if we want to come to a
direct and proper conclusion in our
action we must first consider our gov-
ernment, the manner and form of
the same. Our government is based
upon the principle of equal rights -
tnis is the grand central idea that un-
derlies the' constitution of the United
States. Now, on that basis, how
would it be about extending the right
of suffrage to the Presbyterian church
as a class. These gentlemen here
would rise up against any such idea,
as against the principles of our gov-
ernment. Or we may take all the
Christian denominations that we have
any knowledge of and place the bal-
lot in their hands as a class alone;
but gentlemen would rise up and tell
me that it is not in accordance with
the principles of our government,
but that we should have equal privi-
lege for all, and I believe the argu-
278
WOMAN SUFFRAGE
Tuesday]
MAJORS— SPRAGUE
[August 15
ment would be well founded. Then,
I ask, why confine the right of voting
to the male class? Now, Mr. Presi-
dent, the gentleman stands up here
and tells us that the woman has a
higher calling than to mix in the dir-
ty pool of politics — 1 refer to the
gentlemen from Otoe (O. P. Mason).
He said her realm was in teaching
her boys the principle of true citizen-
ship. That she could be heard by
filtering her views through the gross-
er material of man and making them
burn on the altar of her country.
Now, why not allow that lady to take
the ballot in her own hand and place
it in the ballot box? The argument
of the gentleman, I claim, in some
sense, is a failure. There is a passage
in the scripture which is something
like thi&, "When the wicked reign
the people mourn, but when the right-
eous reign, the people rejoice. "i^
While passing around, even in
this town that has taken its
name from the noble martyr of our
country, we see examples of
the workings of this male gov-
ernment. We step into a building
and ask the man what he is doing,
and we learn that he is commissioned
by this government to sell liquid fire.
How have you this authority? He
answers, "Tlie people of the state
have granted me license." What is
the result of his work? We have
learned here in Lincoln of some
deaths through this instrumentality.
We look further and we find through-
out the nation, annually 60,000 per-
1.'^. This, also, Avas a hit-or-iniss venture at
Bihl<! (juotation. The real to'xt follows.
"Wlim the righteous are in authority, the
people rejoiee; but when the Avicked beareth
rule the people mourn." (Proverbs, xxi.x; 2.)
sons are destroyed by this permis-
sion of a male government, and prob-
ably 2,000,000 of children left desti-
tute, and heartbroken wives left to
mourn over the reign of the Avicked.
How are we to remedy this? I say
the only way is to give the women
Ihe ballot. Admit women to the
rights of suffrage and they will bring
about the destruction of this traffic
that is destroying our people. I
think that is the only safe principle.
How long do you think. Mr. Presi-
dent, it would take, with the ballot
in the hands of the ladies, to accom-
plish it? I say six months would
sweep it away from these American
shores — •
(' Time is up!")
The PRESIDENT pro tempore.
No, the gentleman has a few minutes
yet. He will proceed.
Mr. MAJORS. I wish the gentle-
man would not be so fast. I will not
say any more.
Mr. SPRAGUE. :vir. President. I
do not ])ropose to do any more than
to explain the vote I expect to give on
this question. 1 Avill say in the first
place, that I am opposed to this
section for two reasons: the first is.
^ that it coiiliicts ^vith the mode of
I amending our constitution. The leg-
islature must first propose an amend-
ment, and then, having a legislature
elected upon that issue, the proposed
amendment is submitted to a vote of
the people, having to go through two
legislatures and a vote of the people.
Now, sir, this is, one way. If we adopt
this provision Ave are to have two
methods by which our constitution
can be changed. I think one way is
sufficient, hence I am opposed to this
WOMAN SUFFRAGE
279
SPRAGUE
[August 15
Tuesday]
, section for that -reason. I am opposed
10 this matter for anotlier reason. J
ruave, since I have been a member of
this convention, endeavored to find
out what the wishes of the ladies
ThemselveiS were in reference to this
i-'iatter, and so far as tlie ladies of
my county are concerned, I am unable
to find more than one or two that
even express a desire for it; on the
contrary, they say they do not wish
if, and would not exercise the right
it were extended to them. That
1-^ another reason why I am not in
tavor of this proposition. In my
jiiidgment nine-fenths of the women
of the state do not wish it and are
absolutely opposed to it; hence, that
be'ng the condition of affairs, I am
opposed under any circumstances
forcing this matter upon them if th^y
tlQ not desire it. Now, isir, another
reason why I shall vote against the
submission of this proposition and
that is this. It may be no fault of
the woman, it may be no fault of
man, but, sir, in reading the history
of the creation of the human family,
v»"e find they were created as the
gentleman from Douglas said, male
and female. That is true. They were
v-reated male and female; and Mr.
President, as it was done by that
being who is all wise and never does
anything but for a purpose, I must
conclude, sir, that he did that for
a purpose; hence it is unnecessary for
us to inquire what was that purpose
and what was the distinguishing
feature that existed by that creation
between male and female. What was
the order of things? So far as we
are able to learn from nature her-
self, what does she proclaim to be
that purpose? Why, Mr. President,
I conclude that when man was creat-
ed he was put in possession of cer-
tain capacities that peculiarly fitted
him for the position he was made to
occupy and for the sterner duties of
life. While, upon the other hand,
the female was created and put in
possession of those finer feelings and
'capacities of a different kind, for a
different purpose and a different
sphere. Hence, that being the case,
I believe that when man steps out
of the sphere for which he was
created, for which he was peculiarly
fitted, he is out of his place; and
I believe also that when the female
steps out of the sphere for which
she was created and peculiarly fitted
that She is Out of her place, and not
only violates a law of her nature
and of God, but also of man. Now,
sir, these are my reasons. I believe
she was created for one sphere and
in that she is supreme. She ought
to be superior, she is superior to
man, and I am the last man to get
up here and say I am opposed to
this because she is ignorant. I do
not believe it, but, sir, it is upon a
higher and nobler principle that I
raise this issue, because she was
placed by her creator in possession
of certain peculiar capacities that
peculiarly fit her for her position,
and which do not fit her for the
sterner outdoor duties of life.
Neither male nor female should be
out of place. Both should be su-
preme in their own separate spheres.
These are the grounds upon which
I place this matter. I vote upon
principle, and am opposed to sub-
mission in any shape, because I be-
lieve it is a violation of the laws
of nature and of order. Now it is
280 WOMAN SUFFRAGE
Tuesday] SPEAGUE—MANDERSON—ESTABROOK— WILSON
contended here that this, if extend-
ed, is going to moralize the world,
that the morals of the world are
going to be bettered, and that vice
is going to be done away with
throughout, and we may expect the
millenium day soon to follow. But
what is the fact in reference to this
matter? What does history prove r
I pick up a paper today and what
do I see in reference to Wyoming,
where they have tnis right extended
to them. We hear her governor
speak as follows: "When Mrs. Ma-
tilda Fletcher was in Denver, some
weeks ago, she was assured by Gov-
ernor Campbell, of Wyoming, that
woman suffrage had effected aston-
ishing improvement in their politics.
But it has wrought no advantage to
the morals of the people."
That is what Governor Campbell
says. Where it has been tried it
has wrought no advantage in the
morals of the people.
Mr. MANDERSON, to Mr.
Sprague. Governor Campbell was a
lieutenant in the army with me. I
had a conversation with him in
Omaha upon this subject the other
day, and his statement to me was of
a very different character.
Mr. SPRAGUE. 1 can only speak
of what I see in the papers. Now,
sir, I have said all I wish to say.
First, I am opposed to this being in-
coporated in this provision of our
constitution from the fact that it
establishes two ways by which this
constitution can be amended or
changed. In the second place, that
it will keep the matter in the legis-
lature and be a fruitful matter of
difficulty therein. It should be left
[August li
to some process of amendment
Third, I believe it is a violation o
the order of nature that exists ii
the creation of the human family
and hence I am opposed to it ii
any shape.
Mr. ESTABROOK. How is it i
violation of the order of nature?
Mr. SPRAGUE. Because, whei
man was created, he was endowec
with a capacity to perform the rougl
and outdoor duties of life, and worn
an was created for the finer anc
higher duties that pertain to the fam
ily circle and also with other capa
cities.
Mr. WILSON. I do not rise tc
make a speech, but merely for infor
mation. Realizing in my heart anc
soul that the great advocate of wom
en's rights is about to speak or
the subject once more, as the sub-
ject has met with a little change, ]
would like to ask in the commence
ment a few questions. He advocates
here that all women in the land are
citizens. I call the attention of th€
convention to this, and I deny the
argument, inasmuch as it is contra-
dictory to the constitution of tht
Tnited States. 1 am a foreignti-
and so is my wife. I had to come
u]) and declare my intention to be-
come a citizen of the state ere I dare
occupy the position I now occupy.
Mr. ESTABROOK. I will answti
that.
Mr. WILSON. When 1 sit down
and not before. (Laughter.) Now,
these gentlemen advocate that women
are citizens* of the United States.
They have not yet endeavored to
enlighten us in wliat manner they
became citizens. That is one ques-
WOMAN SUFFEAGE
281
Tuesday]
tion. A certain class lof females
who are only upon our shores for
ten days, you give them the ballot
in three or four weeks. (Laughter).
Now I would like to answer the
gentleman from Nemaha. He main-
tains if women were enfranchised,
they would shut up the grog shops.
I deny the right of the state itself to
close them up as long as the United
States receives revenue from them.
With those remarks, I will leave the
floor for this able gentleman to tell
me when the women have the citizen-
ship. (Laughter.)
Mr. ESTABROOK. Mr. President,
It gives me great pleasure to an-
swer any question propounded to
me. I wish I could, i see a little
more disposition on the part of
those who oppose woman suffrage
to allow me to answer them as they
pass along. No man has ever dared
to ask me so much as a single ques-
tion. I think if they had, we could
have elicited a good deal of informa-
tion and thought. But it gives me
great pleasure to be able to answer
the gentleman ' from Johnson.
(Laughter.) In the first place, as I
stated the other night, the question
whether woman was entitled to the
ballot under the fourteenth and
fifteenth amendments of the con-
stitution of the United States was
submitted to the lower house of con-
xgress, and then referred to the judi-
ciary committee. The committee di-
vided and there were two or three,
perhaps, in the minority, in favor of
making a declaratory act fixing the
ballot and the right to vote for wom-
*en into those amendments, and
the majority of the committee re-
lAugust 15
ported adversely. The matter never
came up for consideration and was
never settled, and will come up at
the next session. Now, sir, this is
the amendment —
Mr. BALLARD. I certainly un-
derstood the gentleman to say he
did not want to speak any more on
this question. He has talked to us
four hours, and I think he ought to
wait. I want to talk by and by.
(Laughter.)
Mr. ESTABROOK. I hope there is
no conspiracy between my friend
Wilson and the amiable, good na-
tured, sweet tempered, lovely dispo-
sitioned, and charming .republican
from Washington (Mr. Ballard),
Why did you call me Out, knowing
that I was l:able to run into the
gin? (Laughter.)
This is the clause I will state for
the honorable gentleman from John-
son. "All persons" — yes, sir, I will
read that bit again for your amuse-
ment. "All persons" — "persons" —
no trouble about that — -"born or
naturalized in the United States and
subject to the jurisdiction thereof,
and citizens of the United States.
Now, sir, she is naturalized in the
first place by having been born up-
on the soil of the United States; and
the next place, perhaps, you can tell
better than I can how she becomes
naturalized before our courts. You
understand the process perhaps. And
this provides that, "All persons born
or naturalized in the United States
and subject to its jurisdiction [to
the jurisdiction thereof] are citizens
of the United States." Now, sir, I
will read you the first part of the
minority report, and the majority
ESTABROOK— BALLARD
282 WOMAN SUFFRAGE
Tuesday] WILSON— ESTABROOK— BALLARD— MASON— MANj)ERSON [August
denied the right to vote, and at the
same time admitted she was a citi-
zen, and this they did in almost the
very first sentence they uttered. Tlie
minority report reads thus:
"The memorialist asks the enact-
ment of a law by congress which
shall secure to citizens of the United
States in the several states the right
to vote 'without regard to sex.' Since
the adoption of the fourteenth
amendment (from which I read) of
the constitution, there is no longer
any reason to doubt that all persons,
born or naturalized in the United
States, and subject to the jurisdic-
tion thereof, are citizens of the Uni-
ted States and the state wherein they
reside, for that is the express declara-
tion of the amendment."
And they go on and argue the case
upon the hypothesis that the woman,
being a person born or naturalized in
the United States, is a citizen of the
United States.
Mr. WILSON. Can you tell me
of any woman throughout the length
and breadth of the lin:ted States
that was naturalized?
Mr. ESTABROOK. I will answer.
Mr. BALLARD. I think the gen-
tleman from Douglas has spoken
enoiigli.
Mr. ESTABROOK. Aye! Tor-
ment us by your continual interrup-
tions. (Laughter.)
Mr. BALLARD. I think there was
once a certain lady named Eve who
was troubled by a certain reptile.
(Laughter. )
Mr. ESTABROOK. Yes, and I
should think that same reptile was
here in the person of the gentleman
from Washington. (Loud Laughter.)
Mr. MASON. Will the gentleman
allow me to ask a question? Is not
the newborn babe a citizen?
15
Mr. ESTABROOK. Yes, sir.
Mr. MASON. Should he vote?
Mr. ESTABROOK. A citizen who
should vote when he has a mind.
Mr. MASON. Has not a newborn
babe a mind?
Mr. ESTABROOK. Yes, sir. So
has the crazy man and the fool.
Mr. MASON. Should not they all
vote?
Mr. ESTABROOK. No, sir. It is
only they who have consent to give
the government, that have a right
to vote.
Mr. MASON. Does the fourteenth
amendment say anything about the
mind?
Mr. ESTABROOK. No, sir. DioL
some gentleman tell me the woman
ought to be excluded from the pe-
culiar privileges of the government
because she did not bear the imple-
ment of war in battle? W^hy, sir
it is not expected of her. There is ati
individual like myself, who has pass-
ed the point of 4 5 years, do you ask
him to do military duty, or my friend.
Judge Thomas from Nemaha?
Mr. M ASON. Yes, Sir.
Mr. ESTABROOK. No, sir. An
individual passed [past] forty-five
years you never ask to do military
duty. Do not you take a man to the
surgeon and let him pass before him
in review? Now if it is found, al-
though he is a male — if, nevertheless,
he is unfit to bear the burdens ot
battle, he is not asked to go into
battle or take upon himself the re-
sponsibility^
Mr. MANI)I^:RS()N. Will the gen-
tleman from Otoe (Mr. Mason) an-
swer a conundrum? Does a man who
ha® lost his arm lose his right to
WOMAN SUFFEAGE
283
Tuesday]
vote? And do you ask him to go
into battle?
Mr. ESTABROOK. Yes, sir. Here
are our doorkeeper and our sergeant
at arms; each carries an empty
sleeve: have they also lost the
Tight to exercise the elective fran-
chcise? But tell me, sir, who did
the work during the last Avar? Who
carried on your great sanitary in-
stitution? Who did the work in
your hospitals? Yvho did the work
in the washroom? But I will more
particularly address myself to my
friend from Johnson (Mr. Wilson).
There are several able lawyers who
are members of this convention, and
who have addressed this body upon
this subject; yet none of them have
answered the arguments which I
advanced, to the effect that, in Eng-
land, single women who are taxed
have the right to vote. No, sir, not
one of them has answered this. Has
any man answered this proposition:
that, should this county vote bonds
to the Omaha & Southwestern rail-
road, who would give those bonds?
The man, through the ballot box.
Who pays the bonds? The woman,
a.s well as the man. In Russia they
issue an edict, and the subject obeys
the mandate. Is not that the condi-
tion of woman in this country today?
. A woman in the city of San Francisco
was tried a short time since for the
crime of murder. I. ask you who it
was that led the woman into the
room where the trial was held? An
individual in whose election she had
no choice. Who tried her? A judge
whom she had not elected. Before
whom was she tried? A jury of
her peers? No, sir, but before twelve
[August 15
men, all of whom were as guilty as
the man who had made her a desper-
ate woman. She was tried under
laws which gave her not so much as
a whisper in her own defense.
Mr. BALLARD. "Time! Time!"
"Order! Order!"
Mr. ESTABROOK. AVhen I am
called to order by the president, and
told that my time is up, l will stop,
and not until then.
The PRESIDENT pro tempore.
Mr. MASON. Mr. President, I de-
sire to say only a single word in reply
to the gentleman who has just left
the floor (Mr. Estabrook). He said
that no man has made reply to the
case he reads from Christian on
Blackstone. Now, sir, on last Fri-
day evening, I did make reply to this,
and I challenge any man to answer
the assertions I then made in this
regard. At the time referred to by
the gentleman, it Avas not the man
who voted in England, but his prop-
erty; for the British government
was based, not on individual rights
of representation, but on property
representation, and that property
voted, and not individual man; and
if a woman owned property, that
woman was entitled to vote. Another
thing: the gentleman says that one-
armed men are not liable to do mili-
tary duty. I answer that they are.
Let military law be proclaimed to-
morrow, and the man who stands
upon the brink of the grave is draft-
ed into the service of his country,
and dragged to the battle field, Avhere
his blood mingles with that of others
of his country's defenders. But
where in the whole worlcl do you
find that women are compelled to
ESTABROOK— BALLARD— MASON
284
WOMAN SUFFEAGE
Tuesday]
Stand in battle line in defense of
their country? No, God forbid! His-
tory furnishes no such example. It
is man who are food for cannon and
the carrion crow.
Mr. ESTABROOK. Does history
furnish an example where cripples
were marched to the front?
Mr. MAiSON. Yes, sir. History
furnishes examples where one-armed
men carried guns to the front, while
two-armed men poured deadly mis-
siles into the enemy. On last evening
1 had the honor to submit to this
convention citations from Montea-
quire, Bouvier, Burrel,i* and others
which says [say] that the right to
participate in the formation of a gov-
ernment has no existence in nature;
it is ordered by the power which
forms the organic law, and is ordered
as best suits the interests of the state.
Those are not my words, but Bou-
vier's; and the question arises right
here whether the best interests of
the state are secured by giving
woman these rights. A few words
more, and I am done. I took oc-
casion to say last evening, that I
had the utmost confidence in the
judgment, intuition and native good
sense of woman. I took occasion to
say that if a majority of the mothers
of this state wish to vote, and so
express themselves, that I was in fav-
or of their being allowed to exercise
this right; and I repeat that tonight.
But, sir, how will you ascertain that?
Not by d scussing the question here,
but by referring the matter to them,
and taking their own opinion at
14. The spoakor probably referred to Mon-
tesquieu, the French jurist and publicist.
BouVier and Burrill — not Burrcl, as the man-
uscript lias it— were authors of law diction-
aries.— Ed. I
[August 15
their homes, and if they should say
we ask for the investment of these
rights, I would give them the rights
they ask.
I, sir, would not allow the ab-
jtstract right; and the question Is
whether this convention will say
whether it will order its conduct so as
to let the women express their views
upon this subject. I for one expect
to do so, but I expect that ninety-
nine mothers out of every hundred-
will say it is not best that this right
should be extended to them.
xldjouriiment
Mr. CASSELL. Mr. President, I
move that we now adjourn.
The motion was not agreed to.
Female Suftiage Again.
Mr. KENASTON. Mr. President.
Sir: I had not thought of making
A speech on this subject tonight but.
Sir, circumstences render it necissary
and our Country expects every man to
do its duty. Sir, the question under
consideration is one of vast import-
ance and involves of A very import-
ant Class of individuals in their
sacrid their most sacrid rights.
Thare are two Classes of individuals
who are by nature intitled to the
right of franchise. One of thease
Classes have by organic law been
unjustly, and with out their own
consent been shut out from thease
inherent privalagis; and yet, Sir,
They are brought under all the ob-
ligations of the Laws Subject to tax-
ation under the Laws Subject to its
penalties boath civil and criminal.
This Class, so subjected, is woman.
Individual franchise is A privilage
ESTABROOiK-MASON—OASSELL— KENASTON
WOMAN SUFFRAGE
285
KENASTON
[August 15
Tuesday]
Sacrid to and saught after by all,
and the establishing and perfecting
this principal was the prime object
of the Founders of this Republican
government Viz to give equil rights
to all, And, sir, the first expression
given to this Idea may be found in
the first Baces of our nationality the
Declaration of independence setting
forth as A Baces of universal Rights
and tlie ground work is A Broad and
the declarations thare of are in the
clearest light. The Declaration of
independence has this language.
That all men (A here let me say that
I have not herd one individual dur-
ing this discussion [contend] that the
term man did not apply to all man
kind. The whole human family Now
that it does not mean Wooman as
well as man) It Sets up in its declara-
tion of writes that all men are by
nature free and eqal. This makes
wooman if caried out equei in all the
rights that man partisipates in.
among thease is the right of fran-
chise to be excercised eqel in all
points equel with the man. Tlie next
expression in that important Artical
is that they are not only eqal but
Independent: that is each person
without exception have the abstract
Wright to stand for them selves and
act for them selves: and this would
Secure to all and imbrace the right
of Franchise, the right to vote and by
the exercise of this independant
Wright they may be Represented.
Thease wrights are inherent But
from whoome did they inheret them
Answer from God the Great Creator
from whoome they received their ex-
istance. He gave us all this wright
and constituted us all the Lords of
creation. Now Mr. Presidant Wo-
man being in natureal posession of
thease right It should be hur privil-
age to exercise thease rights unin-
fluenced and unrestrained. In re-
gard to this fundamental principal
we all regard it as the first and only
true Bases of government. That to
secure these wrights and 'the pro-
tection of property (and all have the
write to obtain property) Govern-
ments are institutea among men de-
riving their just powers from the
concent of the governed. Now then
they have the admitted wright to
hold property and no man has pre-
tended here on this iloor that she has
I not the wright, and if she has the
wright to hold it She has also the
wright to be Secured in its posession.
it is hur own and subject to taxation
in hur own name. She aught to have
the wright and the privilage of rep-
resenting herself and property and
hur general interest. In order for any
man to be secure in the posession of
thease thare must be combination
people in order to this and from
governments deriving their just pow-
ers from the consent of the governed.
The only practical mode of expres-
sing concent is by the Ballott. Then
if woman is to be governed Slie as
A class has thare right to consent or
object. If so then She has the wright
to vote, this constitutes Representa-
tion without which no person can be
secure. Now Mr. President It is nec-
essary to say Something of Govern-
mental Power as it is set forth in tiie
Declaration. Thare are two kinds of
Power, that expressed in the Dec-
laration and in our bill of wrights, is
denominated "Just Pouer" Such
286
WOMAX SUFFEAGE
Tuesday]
KENASTOX— MOORE
[August 15
gives privilage to all. Such is that
Foundation chosen b}' oux- Fathers
uppon . "v^hich every human being
might build his castle, establish liis
home, Plant his own vine and Pigg
tree none dareing to molest or make
him Afraid and from whioh he or She
may come forth and present cheir
Ballott the instrument of representa-
tion by which their wrights are Se-
cured and :\Iade Safe and to perpet-
uate the power that afords them th s
quiate repose. From this mode of
equel representation the existing
Powers are constituted "'Just Pow-
ers." it is by the free "consent of the
governed." It is .Just, this is an in-
herent write and can not be Justly
taken from any without due Proscess
of Law except by the same power tat
gave it to us namely from God our
Creator, any effort to ailionate or dis-
inherit any even woman from thease
is A gross violation of the rights of
God and all human beings.
Thare have been and are now ex-
isting Powers that are not just But
have and do act upon A basis at var-
iance with this therory and so far
as we in our practice vary from the
theory which we have layen down are
violating thease and departing from
just principals and violating Just
Wrights. An instance of unjust power
was exibeted in the days of the Ro-
man Republic By v. easor who in one
of his ordananses decliared that all
women belong to Ceasor: This Set
aside individual wrights and priv-
ilages ignored the self governing
power to retain virtue or offer unob-
structed own oblations, devotions
and "Worship god according to the
dictates of our own concience. But
most Tyranicaly and Sacraligeously
arogates to himself the wright to con-
trol the will and actions and prop-
erty b}' and in accordance with the
ambitious and selfish aspiration of A
Tj'ranical Nature And so for as the
male classes of this government ex-
ercise this preragatative they indorse
and practice this same grey-bearded
and ancient Tyrany
But Mr. Presidant I am glad to
know that the onward march of
Moral and Cival reform have driven
back Some of thease dark clowds of
past ignorance and i^ruel Tyrany and
the bright Sun Shine of cival liberty
and universal equality is allready
bursting through the dawn and soon
the bright day of unsulied liberty will
be enjoyed by all boath male and
Female when the American Eagle
already bourn in tryumph upon our
Bauer through A thousand Battles
May be for ever planted in eternal se-
curity on the crowning crest of our
everlasting hill and on his Crest bear
Still but in unblushing truth our
National Watch word Epluribus
Unum.
Mr. MOORE. "Most potent, grave
and reverend signiors," being "little
blessed with the soft phrase of
speech,"! I shall not attempt to im-
itate the voice, gesture and manner
of my friend, the gentleman
from Douglas (Mr. Manderson'.
in his doubly distilled oratiou
15.
"Most potent grave and reverend Sig-
niors . . .
Rude am I in my speech,
And little blessed with the soft phrase of
peace — "
Mr. ^Moore's satire— Avhich might have
passed as clever if it had not been spoiled by
prolixity— on Jlr. Manderson's immature elo-
quence deserves correct quotations. He seems
to have been bent upon improving the clas-
sics.— Ed.
WOMAN SUFFRAGE
287
Tuesday]
delivered a few evenings since,
but "will a round, unvarnished
tale deliver" of what I have read,
heard and thought, upon the sub-
ject under considersation. But I must
say when I heard the gallant gentle-
man talk about "unmasking his bat-
teries and setting his lance at rest,"
and saw him adjust his eyeglass so as
to see more clearly the ladies in the
gallery, I acknowledke I felt some-
what fearful that blood must flow
before this question was fully dis-
cussed. But when his mouth had
opened, and the beautiful rounded
periods began to drop from his sil-
very tongue, and float gossamer-like
adown the aisle and over the heads o*:
members of this convention, and then
sylph-like curl to dome and galleries,
settling like golden clouds around the
heads and hearts of fa'r listeners, I
felt a good deal like I had swallowed
a dozen bottles of Mrs. Winslow's
soothing syrup and unconsciously be-
gan to muse.
"Tis sweet to hear the wiatch dog's
honest bark
Bay deep-mouthed welcome as we
draw near home;
Tis sweet to know there is an eye
will mark
Our coming and look brighter when
we come.
"Tis sweet to be awakened by the
lark.
Or lulled by falling waters: sweet
the hum
Of bees, the voice of girls, the song
or birds,
The lisp of children and their earliest
words."
[August 15
But sweeter still than this, than
these, than all were the words of
hope and cheer to the fair ladies in
the gallery, sounding like dulcet
notes of the far off aeolian harp,
stirred by ambrosial zephyrs from the
gardens of God.
And as the softened cadences rose
and fell in sweet refrains I could
compare them to naught on earth
than the tinkling of a thousand fnjry
bells laughing and dancing in the
mellow light of a lady's eye.
And I thought, what a pity that
this fine young and gallant knight
of unmasked batteries and lance at
rest should
"Have no wife or mother's care,
For him the milk and corn prepare."
Mr. Chairman, I wish I were able
to pass compliment upon the honor-
able gentleman, the general, by no-
ticing his stronger arguments; and
I took down many notes for that pur-
pose.
But when I come to divest them of
the beautiful, gaudy garments he had
clothed them in, there was nothing in
the world left but Webster's diction-
ary. The soft cadences had floated
afar off over hill and dale and left
nothing, absolutely nothing, not even
a sweet-scented aroma, which some-
times hangs around the broken vase
when the flowers are withered and
gone. The historian relates that
when a Roman audience returned
from listening to one of C'cero's great
orations, they said to one another,
"how isweet! how flowery! beautiful!
beautiful, indeed!" But when the
Greek audience returned from hear-
ing the Greek orator Demosthenes,
they exclaimed in one voice, "Let us
MOORE
288
WOMAN SUFFEAGE
Tuesday]
MOORE
[August 15
go and fight Philip." So my gallant
friend will find that the intellectual,
common sense woman must have con-
vincing arguments before she con-
sents to throw away the real blessings
she has, and select a new and untried
station in life, assuming new duties,
new hopes, and new cares.
A certain old lady once said,
•'We are all poor critters;" and so
thought I while witnessing the tre-
mendous efforts being made by the
gentleman from Douglas (Mr. Mand-
erson) to gain the confidence and
good will of the fair sex. But I would
say to him, if he really wishes to
see a lady exercise the elective fran-
chise, he had better lead some fair,
blushing damsel to the holy altar of
wedlock, and it will not be six weeks
until he will see one more of the sex
not claiming the right to vote but
exercising it . She will vote and he
will carry the ballot and deposit it
in the box at the polls. And so
nicely will she manage the whole
thing that he will swear on a stack
of bibles that he did it himself.
But why should a man talk about
the rights of the fair sex when he
persistently denies any one of them
the right to take hold of him, civilize
and add the finishing touches that
belong to, and adorn true manhood.
Thus far he has succeeded in dodging
the sharp arrows ot the little god,
has never yet felt creeping over soul,
over sense, <over every pulse and
fibre of his body, the soft, delicious,
sensafon so feelingly described by
the poet.
"I ne'er on those lips for a moment
have gazed.
But a thousand temptations beset
me;
And I thought as the dear little
rubies you raised,
How delicious 'twould be if you'd
let me." (Laughter.)
No, no, my dear friend of "the un-
covered batteries and lance at rest" —
as long as you feel nothing, there is
no music in your soul, and [you] are
fit only for treason, spoils, stratagem
and death. 16 "Requiescat in pace."
(Laughter.)
"Meet it is I set it down, that one
may smile and smile and be a vil-
lain," so, with equal truth, may it
be set down that he who cries loud-
est, standing like the self-complacent
Pharisee of old at every corner where
a woman may happen to come, pro-
claiming himself the champion of
the fair sex — that helpmeet for man,
given by God for the happiness of
both, holds within his breast no
deeper respect for woman than he
whose tongue is more usually silent.
As there are some tnoughts too great
for utterance by the tongue, and
some emotions so deep as not to be
measured by words but lie down deep
in the hidden recesses of the heart
and refuse to be dragged forth to
the blazing light of day, so lies this
deep and abiding respect, th's justi-
fiable adoration by all zood men for
unsullied womanhood: and sorrv am
I that untliinking minds should have
lain ruthless hands upon this last,
16. "Is fit for treasons, stratagems, and
spoils."— Ed.
WOMAN SUFFRAGE
289
Tuesday]
this iDest of all God's works — this
household image of divinity, set up
in the heart of man, the last link in
the golden chain which binds earth
to heaven — and dragged her shrink-
ing, sensitive form upon the arena of
politics, to become often the butt of
politicians, the byword of idlers in
the street, and the subject of the
rude oath and obscene jest of loung-
ers in country barroom or city saloon.
I believe I am a man of some nerve,
but my soul shriniv^ and shudders
when I view the consequences which
must, sooner or later, follow the adop-
tion of th's subject into our consti-
tution. Take the delicate, refined
woman; the fond and loving mother,
one who has never wished to peep
over, or pass from the sacred pre-
cincts of a home where love holds the
sceptre; one to whom the most sol-
emn pledges of man have been given
that he would love, cherish, and pro-
tect her, in health, in sickness, in
prosperity, and in adversity, so long
as both shall live, and force her by
law to mingle with, and become one
of the body polit e, to become sub-
ject to all the duties imposed by
law upon the citizen, to summon her
upon grand and petit juries, to at-
tend tne coroner's inquest, to asso-
ciate, day by day, to sit alongsiae of,
and in the presence of men who enter-
tain no feelings of respect for a good
woman, whose mouth is full of curs-
ings, whose soul is full of bitterness
toward all, toward everything refined,
good or holy in woman. And when
we consider these duties must be
attended to, to the neglect of every-
thing else, that they must continue
'day after day, and often afar into
the night, shut up in the jury room
[August 15
with men she has never seen or
heard of, be forced to sit and listen
for hours to the wrangling of lawyers,
in the trials of cases that humanity
blushes to call by name; all these and
much more, for it is but the thresh-
hold of the duties devolving upon
her if she must be forced to, and
become subject to all th ngs required
by law from a citizen entitled to the
elective franchise.
If she must exercise the elective
franchise because she is a citizen,
then all other duties devolving upon
a citizen must devolve upon her, and
she is subject to go at the beck and
call of the judge, the justice, the
sheriff, and the constable, he not
know ng or caring whose hearts are
left void, whose household is left va-
cant, not knowing or caring for little
pattering feet, tottering timidly to
the door and with anxious eyes and
hungry hearts attempts to pierce the
darkness without, looking for the life,
the food, the light of every household,
the loving, caretaking, faithful, moth-
er. You ask us to subject our wives,
sisters and daughters to such oner-
ous duties as these? Are thy ser-
vants dogs, that they should do this
thing? But, Mr. Chairman, it would
seem neglect in me to continue my
speech longer without noticing one
whom, for the purpose of distinguish-
ing him from others, I shall approp-
riately name the good man from
Douglas. Ke must be a good man,
for he makes tremenduous effort to
repeat correctly texts of holy writ
that have no application, and prays
fervently, although his prayers seem
an exact copy of a certain noted char-
acter Burns calls "Holy Willie." He
has been a member of two constitu-
MOOEE
290
WOMAN SUFFRAGE
Tuesday]
tional conventions, is a lawyer of
acknowledged ability, and stands
about six feet, tW'O inches in h'.s
stockings, and measures eleven inches
on the base, loves to crack a joke, and
appreciates talent wherever found,
from the sensitive, refined, intellect-
ual, blushing damsel in the parlor,
to the witty actress upon the stage.
This is a short notice of the aspect
and good qualit'es of my valued
friend: for I am proud to "number
him in my list of friends" — General
Experience Estabrook, the burly
member from Douglas.
It was written long since that,
"This is the age of oddities let loose."
That some of these oddities are re-
peating themselves is certa nly true;
for of all the odd arguments I ever
heard used the ones used by this good
man, the praying member from Doug-
las, are the oddest of tlie odd. After
prayer he raised his towering form
like Saul among the i^eopie; bends
forward, like the giant oalc in bow-
ing its head in a storm; raises his
hands over his head as in the act of
diving nto "the deep, deep sea;"
and in a stentorian voice, coming like
a thunderbolt from Jove, exclaimed
trium])hantly, "1 ])ut it to you! What
is the condition of woman?" Now,
Mr. Cliairman, in the practice of law
1 have learned it is good policy to
not i)ermit yourself to become un-
duly excited, but keep cool, so as to
use knowledge to the best advantage.
But I am forced to own that for once
in my life I did dodge. You see 1
had no knowledge whatever of what
kind of thing this praying member
might "put to me," and when the
question followed I felt a good deal
[August 15
Tike giving the whole thing up, for —
well, I know no mortal man could
answer that question. But upon con-
sulting with my friends we deter-
mined to consult the spirits, believ-
ing they would certainly be able to
give the desired informatJion. So
we started off, found a medium, sac
around the table in silence and dark-
ness "long and deep," until the me-
dium's hand began to quiver, and
upon a pencil being g>en him, he
wrote one short word, and the left,
and no amount of coaxing could pre-
vail upon his unseen intelligence t :
speak or write another word. Anc
being armed witli the spirit answer.
I now triumphantly "put it to him.'~
answer in the language of the medium
the one word "various." What is the
condit on of woman? "Various.
There it is, my dear traveler to the
tomb, answ^ered so clearly that, "He
who runneth may read and the way-
faring man, tho' a fool, may not err
therein."!" Well, argument number
two. The gentleman draws from
Bouvier's law dictionary, the declar-
ation of independence, Christian's
Blackstone, the modern .Teremiah
Black, and a certain Mr. Kerr or Cur.
(The Lord knows how to spell the
word better than I, for it seems he
is unknown to fame.) Now, Mr.
Chairman, I propose to answer this
seeming argument to the satisfaction
of every sane man liero or woman
in the galleries; for, the Lord bless
them, they are here too, anxious to
hear what next these great, six feet,
17." that he may run that rcadeth."—
Habbakuk, ii:2,
"He that runs may rond."— Tennyson's Tlit»
Flower.
"Tho Avay of lioHnos? : (ho wayfariuj?
men. tlioURh fools, shall not err therein."'
Isaiali, .\.\.\v, 8.— Kd,
MOORE
WOMAN SUFFRAGE
291
1^ —
■^Tuesday]
MOOEE
■August 35
burly lords of creation intend im-
posing upon them without their ask-
ing or consent. This convention is
not a court of justice in which com-
plaints are lodged and questions of
right adjudicated. If we were sitting
as judges, to decide the question
whether a woman now had the right
to exercise tlie elective franchise
without a state constitutional pro-
vision to that effect, then the opin-
ions of some of these law writers
would, and should have mucli weight
:'n deciding the question; and I am
surprised to see this good man from
Douglas, a giant among men in body,
mind, and legal knowledge, catching
like a drowning man at every straw
or gossamer the winds and tides may
drive within his reach. Indeed, the
thought has occured to me, since
the discussion of this question, that,
possibly, h s efforts put forth in that
former constitutional convention have
proved too much for him, and he is
now reaping the consequences of be-
ing too bright of intellect in his
younger days. But to continue, in
answer to argument number two, I
would say we are here as a conven-
tion to grant or refuse the elective
franchise to woman, and not to decide
as a court of justice whether this duty
has or has not, at some former t me,
been given her, and which is now un-
justly withheld.
It is a question of political expe-
diency alone. We now hold the power
(the people consenting) to enfran-
chise or disfranchise, as the public
good may demand, and should we
lorce this duty and additional burden
upon woman it must be done because
it serves the better to protect, de-
fend and secure the life, liberties and
property of the whole people, 'and
not because [of what] Bouvier's dic-
tionary, Christian's Blackstone, Jere-
miah Black or any other Black man
may have said or written upon the
subject.
Argument number three — "Goa'-
ernments are formed deriving their
just power from the consent of the
governed."
This the good man considered a
clincher; for he raised h'mself up,
and, tilting forward upon one edge
of his base, as though in the act of
again diving, and exclaimed once
more, "I put it to you!" But it did
not terrify me so much this time; for
I had moved my seat to a distant
corner of the hall, and felt a little,
more secure. Will the gentleman — ■
the praying member, this lover of
Dante and petitioner, a la "Holy
Willie" — assert, upon the honor of
a great impeacher, that woman, at
the time of the formation of our
government, never consented there-
to? Kas she at no time s:'nce con-
sented thereto? Has she at all times
Ifrotested against the government,
[that] she neither could, would nor
should submit to its requirements;
that she would, if able, trample up-
on its constitution and trail its flag
in the dust? Certain!}^ not. When
dangers threatened our republic,
from without or within, she reached
forward her hand to aid in its protec-
tion. She has endured cold, hunger-
ing, and deprivations of every kind,
to the extent of home, friends, and
often -le itself.
It is too late, now, for men to
get up in this convention and assert
292
^VOMAX SUFFEAGE
Tuesday]
MOOEE
August
she has at no time consented to
our' form of government. If she has,
by word, or act, or even silence, then
the powers of government are just-
ly derived from woman as well as
from man. But you say she now
protests. Very true. Some are pro-
testing: and the discontented have
the right. But did not a large por-
tion of our democratic brethren pro-
test against the fourteenth and fif-
teenth amendments to our federal
constitution? Did not e ght million
people protest against our constitu-
tion, as construed, and laws as made
by a majority of the whole people?
According to that neAV doctrine the
south had ?. right to dissent and re-
bel. But it seems the gentleman
from Douglas iGen. Manderson)
did not see things in thai light then;
for. scldierlike, and manlike, he
shouldered h s musket, and marched
off "over the hills and far away,"
keeping step to the tune of "The Girl
I Left Behind Me;" did his part in
forcing these dissenters to consent
— and, if report be true, his good
broadsword was used much more
effectively on the tented field than
his rounded periods and silvery-
voice are likely to accomplish here
upon ths discontented field — so, I
take it, our government was formed
with just powers, all classes con-
senting so that argument, number
three, may be appropriately termed,
'Much ado about nothing."
Argument numb'er four — "No tax-
ation without representation." "I
put it to you," argument number
four, what is the object of taxation?
To keep up the just powers of gov-
ernment. What are governnu^nts
: for? To the better protecting of
[ life, liberty and enjoyment of prop-
erty. Well, why tax woman? It
is unjust, you say. Let us see. She
enjoys life the same as man. The
taking of her life is considered (if
possible) a greater crime than tak-
ing the life of man. Then tax her
. property for the trouble and expense
I of protecting her ilfe. Again, she
j enjoys the same liberty that man
1 enjoys. Then tax her for the pro-
tecting of that liberty, as we do that
of man. Again, she enjoys proper-
ty in her own name and right. Let
her be taxed to pay for the trouble
and expense of securing her in these
rights. There s nothing unjus?
' about this. She pays her tax and
receives in return all the rights man
has, the right to life, liberty, and
I the enjoyment of property. The
I objects, end, and aim of both are
the same. Xo law bearing hard up-,
on one can bear easily upon the
other. One primary object of gov-
ernment is to protect all classes and
conditions in the full enjoyment of
property; and as woman owns prop-
erty, enjoys its benefits, applying it
to their own uses, it is fit and proper
that a tax upon that property should
defray the expenses of protecting it.
Woman, as woman, has never been
taxed. If she has no property, she
pays no tax: but man. as man, pays
his tax yearly. Then away with this
fallacious argument. It is unworthy
of a learned lawyer or a woman of
common sense.
"I put it to you," — number fivtr.
This argument stands out in boM
relief. It is as follows: 1. Insane
people, idiots, traitors, and convicted
WOMAN SUFFRAGE
293
Tuesday]
criminals are not permitted to vote;
2. Women are not permitted to vote;
therefore women are insane, fools,
criminals, and traitors. What an
argument, ye Gods and little fishes!
"Upon what meat hath this, our
Caesar fed, that he has grown so
great?"is He opens his mouth, points
his finger, "puts it to you," and im-
mediately arguments, strong as Her-
cules, drop from his tongue like new-
ly formed worlds from the finger-
tips of an almighty hand when he
created all things, filling an infinite
void w'th rolling, racing worlds and
peopling them with walking, creep-
ing, and flying creatures. Its equal
I never heard, excepting once. Sam.
a negro, says to Sambo, "Sambo, can
you tell me v/hy a cow is like a
hoss?" "I dunno, I gibs it up. Why
am she like a hoss?" "Because a
cow cannot climb a tree."
Now, Mr. Chairman, this is as per-
fect a conclusion as that arrived a+
by the gentleman — the praying mem-
ber from Douglas. The law says a
minor shall not vote, also [that] a
woman shall not vote, therefore, all
women are minors. Yet in the face
of such absurdities- this great rea-
soner says, "I put it to you: If a
fool shall not vote and a woman
shall not vote, then a fool is a wo-
man or vice versa, a woman is a
fool." Now, my dear, pious trav-
eler to the tomb, in the name of all
the good you have done, never say
such soft, silly things again. How
the fair sex can ever consider the
gentleman a champion of their rights,
after hearing such unpardonable non-
f 18. "Upon what meat doth this our Ceasar
feed.
That he is grown so great?"— Ed.
[August 15
sense emanate from his cranium, is
more than I can understand.
"I put to you," number 6, and
the last time, "The negro votes, why
should not a woman vote? Does
she not know as much as a negro?"
O, how triumphantly the gentleman
asked that question! He straight-
ened up, looked calmly over the au-
dience like a victorious general over
a battlefield covered with the dead
and dying; at this time he piously
rolled his eye upward, but I am not
certain whether he was engaged [in]
mental prayer or taking, like "the
captain with the whiskers," a sly
glance at the ladies in the gallery.
The latter, I presume; for previous
;^.o this he had heretofore always
read his prayers. I hardly think it
necessary to answer, this argument, if
jne it is, of which there are doubts.
I know how a sensible woman would
answer it should the honorable gen-
tleman ask her. She would throw
the scissors at his nose and say,
"Shoo fly, don't bodder me."
(Laughter.)
The ballot was given the negro,
not because he had a natural right
to it; not because he was intelligent
enough to always make a proper use
of it; but it was given as protection
against evil designs of bad men and
former white masters.
The negro had been a slave. He
had "fanned his master while he
slept and trembled when he awoke."
The government was forced to give
him his freedom, and had pledged
him protection. He could not be col-
onized, neither could standing armies
be kept for his protection. So there
was but one way left, and that was
MOORE
294:
WOMAN SUFFEAGE
Tuesday] MOOEE [August li
to put the ballot into liis hands, in
order that he might be able to choose
his rulers. This was all the gov-
ernment could do, and has turned
out to have been well done; and
when the advocates of this question
show the same necessity for women
to vote, as there was in the negro
•ccoting, I will not be in the — 19
Look at the facts for a moment.
Have the voters of this country- ever
deprived woman of the right to an
education? Have they passed laws
justifying the beating, abusing,
hanging, starving and burning of fe-
males? Have they by law refused
them the privilege of worshiping
-God in such manner, from any place
they might desire? Have they ever
liandcuffed them, chained them to-
gether, made them under the lash
tramp weary miles under the broil-
ing sun, to be separated, husband
from wife, sold into slavery, to live
the long, long years of bondage and
toil? This is a part of "the why"
the ballot was given the negro; and
it seems to be why enough. Have
our mothers, wives and daughters
just cause like this to demand of us
the elective franchise? We think
not. And now, after wading through
a good deal of ground to answer un-
seemly arguments, I only [have to
offer] a few thoughts why, at this 1
If). Sontonoc incomplete. It is reiiiarkabJc
that tlie speaker sliould have tlioufjht that
negro siifTrape had turned out well; for at
that very time there was ample evidence that
the \vhit<' citizens of states Mith a larfje ne^ro
poptilation would not submit to their en-
franchisement.. Tha withdrawal of f<'dera]
soldiers from such states by I*rcsident Hayes, |
a few years later, was a virtual submission '
to tho disfranchisement of the negroes, and I
which has long been accjuicsced in as a po- j
lltlcal necessity. This general consent appar- j
■cnfly proves that thei very unfortunate con- ;
dition is unavoidable.— Ed. I
time, I am unwilling to add anothe:
weight to the load that woman alwayi
has carried and will have to carry
And first, in justice to this bette:
half of man, let me say, I believ(
woman the equal of man in intellec
tual worth. Her moral nature is fai
in advance of man's. Her percep
tion is quicker and almost certain ii
its conclusions, and is far more sen
sitive and refined than man's. Cer
tainly it is not because I consider hei
incapable of performing this duty
slionld we be ungallant enough tc
impose it upon her — -o God knows ]
have no prejudices in this matter
What to me is more holy than th(
name of mother? How she loves thai
babe in her arms! Every want u
anticipated, every look; motion anc
half-formed — is engraven upon the
tablets of her memory, never tc
be obliterated or washed away bj
the winds or tides of adversity
That boy grows to manhood anc
wanders over land and sea, "From
ice-clad pole to the tropics bright'
he roams at will. But wherever he
may go, whether on land or sea, thai
mother's heart follows him, day b>
day, year by year, and like Job, aris-
ing early each day and offering up
?-acrifice for the health, peace and
happiness of her boy. Ah! sir, this is
no picture of a heated imagination;
but you and I know it to be real as
life itself. And should we, the sons
of such mothers, when we are strong
and they, are weak, when we are able
to battle for ourselves and them
too, turn round, like cowardly curs
and force that fond mother to take
up the elective franchise, dip into ex-
20, iDcompIcto sentence.
WOMAN SUFFRAGE
295
MOORE
[August 15
Tuesday]
citing scenes of political life, where
the passions, like "the seven furies
of hell," burn everything to cinder
which is thrown into their volcanic
fires? The very proposition is
enough to make manhood blush and
writhe with very shame. To think
that that mother "who ran to help
me when I fell," who grieved that
you might rejoice, watching by your
little bed while others slept, who held
the cup of cold water to parched and
fevered lips, and never wearied while
your wants were unsupplied; that
sister of one blood with yourself who
laughed when you laughed, who
cried when you grieved, who shared
your every joy and every sorrow;
that wife, whom you have solemnly
pledged to love, cherish and protect,
in sickness and in health, in pros-
perity as well as in adversity, who,
confiding in your strong arms, in
your manhood, who, Ruth like, has
thrown away her family gods, for-
saken kinsfolk and friends, to fol-
low you, if need be, to the ends of
the earth, that these mothers, sis-
ters and wives must be forced to take
up studies uncongenial to their na-
ture, place themselves in positions
inimical to their happiness, even to
the extent of their good name- — a
something dearer far than life itself
— and all because you are too cow-
ardly to give them what they need,
that they must, after doing their
own labors take up your little load
and help stem political torrents and
shape political ends!
Shame! Shame upon you! You
certainly do not mean it. Again,
voting is not a right, neither natural,
civil or political. It is a duty im-
posed by law upon you, to be exer-
cised for the public good; and this
howling about rights by some shows
one thing conclusively — that they
have never understood our govern-
ment, the foundation upon which it
rests or the duties enjoined upon its-
citizens. In former days of this re-
public men who neglected to dis-
charge the duties of an election were
cited to appear before a grand jury
and show cause why they did not at-
tend the polls and vote; and if ex-
cuse was insufficient tbsy were fined
for this neglect. '
Then, this being an onerous duty^
why impose it upon woman when she
has, God knows, more now to do than
she is able to accomplish? Again,,
why heap this additional burden upon
her until she has asked for it? Here
we have been in convention two
months, and but a few petitions have
come in, and signed by only a
few persons, when there must be at
least thirty thousand females ca-
pable of voting in the state. It seems
to me, if the ladies wished for the
elective franchise they would ask for
it. I believe the truth of the mat-
ter is the great majority of wives
are at home, in the midst of loving
sons and daughters; more interested
in having her sons educated so as to
become in their day and generation
men of worth, men of principle, men
high-minded and honorable; more
interested in having her daughters
grow up to unsullied womanhood, a
crown of joy and rejoicing to every
fond parent's heart. She is, I be-
lieve, more interested in this, one of
her greatest duties, a duty which she
alone can perform, than she is in
296
WOMAN SUFFEAGE
CTuesday]
MOOEE—MANDERSON— BALLARD
exercising the elective fanchise. A
certain lady, lecturing, said: "Give
woman the elective franchise and
your state will soon fill up with in-
tellectual and strong-minded fe-
males." I could tell that lady that
Nebraska is not behind her sister
states in that respect. The ladies in
Nebraska rank as high in intelli-
gence and womanly virtues as they
do in any other state; and I know
of more than one woman, now living
in dugouts and sod houses in west-
ern Nebraska, to whom the great lady
lecturer might go for, and receive
valuable instruction, not only in the
arts and sciences, but in other de-
partments not altogether unworthy
the attention of unsullied woman-
hood. And, in conclusion, I would
say that when the men of Nebraska
fail to use the elective franchise to
the good of the whole people, and
the women of Nebraska ask to have
this duty imposed upon them, then
I will not be last to extend this so-
called privilege to them; but, until
they do ask it, I shall not force them
down from the high moral platform
they are fitted to adorn, and cause
them to take hold of, and carry our
burdens' upon their ^rhoulders. God
knows they have enough to do now;
and the great, rough giant man, who
would add one more straw to the
load they have been packing for
thousands of years, is unworthy the
name of man, and my benediction
upon him is, shame, shame upon
such manhood!
Mr. MANDERSON. Mr. President,
I desire nothingbutgood for my witty
friend from York, and if I should
go to his home in the "Garden of
[August 15
Eden" I would take with me one
book, the novel, "Les Miserables,"
by Victor Hugo, and would point
him to that part containing the de-
scription of the battle of giants at
Waterloo. I would point him to
Gamubroua's-i answer and adopt his
language in answer to his speech on
this question. (Laughter.)
Mr. BALLARD. Mr. President, I
move the previous question.
The PRESIDENT. Gentlemen,
the question is shall the main ques-
tion be now put?
The motion was agreed to.
The PRESIDENT pro tempore.
The main question is on the prop-
osition of the gentleman from Otoe
(Mr. Mason), as follows:
Independent Proposition.
The legislature may provide by
general law for the extension of the
right of suffrage to females of the
state having the qualifications of
electors other than that of sex,
but no such law shall take effect or
be in force until the same shall have
been submitted to a vote of the elec-
tors and the vote of the class pro-
posed by law to be enfranchised and
receive a majority of the votes cast
on that subject by each of the classes
entitled to the rights of suffrage —
the male and the female proposed to
21. Correctly, Oambronnc. "Wlion this Jo-
gion"— the old guard— "had become only a
handful, when their colors were but a rag,
Avhcn their ammunition was exhausted, and
muskets were clubbed an English general
shouted 1o them, "Brave Erenehmen, sur-
render! Oambronnc answered: 'Merde.' " The
hmghter which, according to the manuscript,
followed Manderson's sally must, at least,
liave been very limited; for the contemptuous,
laconic retort of the French liero to tlic pat-
ronizing praise of the Englishmen's demand
is so vulgar that translators leave it con-
cealed in the original tongue; and there must
have been few. if any, members who knew
the meaning of the untranslated word. At
any rate, Mandersoii's very terse n'tort Svas
the only apt rc))ly lo the endless prolixity and
chronic incpitude of Mr. Moore's speech. -I'aI.
WOMAN SUFFEAGE
297
Tuesday] MASON— HASOALL—GEAY— BOYD [August 15
be enfranchised by said act, and the
legislature shall provide by law for
taking the vote of the females afore-
said at their various places of resi-
dence.
Mr. MASON. Mr. President, I ask
leave to withdraw the proposition, as
it has procured the object it was of-
fered for, namely, the speech of the
gentleman from York (Mr. Moore).
Leave was granted.
The PRESIDENT pro tempore.
The ayes and nays are demanded.
Secretary, call the roll.
The vote was taken, and the re-
sult was announced, ayes 15, nays
23, as follows:
Estabrook,
Cassell,
Hascall,
Kenaston,
Kilburn,
Kirkpatrick,
Lyon,
Majors,
Abbott,
Ballard,
Boyd,
Campbell,
Eaton,
Gibbs,
Granger,
Gray,
Griggs,
Newsom,
Parchen, Wool worth. — 23.
Philpott,
ABSENT
Curtis,
Grenell,
Hinman,
Lake,
Ley,
McCann,
Maxwell,
YEAS.
Mason,
Manderson,
Moore,
Myers,
Shaff,
Thomas,
Wakeley. —
NAYS.
Reynolds,
Sprague,
Stevenson,
Stewart,
Thummel,
Tisdel,
Towle,
Vifquain,
Weaver,
Wilson,
Wool worth.
15.
OR NOT VOTING.
Neligh,
Parker,
Price,
Robinson,
Scofield,
Speice,
Mr. President. — 14
So the proposition was not adopt-
ed.
Adjournment Again.
Mr. HASCALL. Mr. President, I
move we adjourn.
The convention divided and the
amendment [motion] was not agreed
to.
Female Suffrage Again.
Mr. GRAY. Mr. President, I move
to reconsider the motion by which
the proposition of the gentleman
from Otoe county (Mr. Mason) was
lost.
Mr. BOYD. I move to indefinitely
postpone the motion to reconsider.
The PRESIDENT pro tempore.
The chair cannot entertain the mo-
tion. Only one privileged question
can be entertained at the same time.
The question is- on the motion of the
gentleman from Dodge (Mr. Gray)
to reconsider. The ayes and nays
are demanded. Secretary, call the
roll.
The vote was taken and the re-
sult was announced, ayes 13, nays
25, as follows:
YEAS.
Majors,
Mason,
Manderson,
Shaff,
Thomas,
Wakeley. — 13.
Campbell,
Estabrook,
Hascall,
Kenaston,
Kilburn,
Kirkpatrick,
Lyon,
NAYS.
Abbott, Philpott,
Ballard, Reynolds,
Boyd, Stevenson,
Cassell, Stewart,
Eaton, Sprague,
Gibbs, Thummel,
Granger, Tisdel,
Gray, Towle,
Griggs, Vifquain,
Moore, Weaver,
Myers, Wilson,
Newsom, Woolworth. — 25.
Parchen,
298
WOMAN SUFFEAGE
Tuesdaj']
ABSENT OR NOT VOTING.
€urtis, Neligli,
Grenell, Parker,
Hinman, Price,
Liake, Robinson,
X.ey, Scofield,
Maxwell, Speice,
McCann, Mr. President. — 14
So the motion was not agreed to.
Mr. STEWART. Mr. President, I
move we adjourn.
The motion was not agreed to.
Mr. MASON. Mr. President, I
move we proceed to take up the ar-
ticle and consider it in convention.
The motion was agreed to.
The secretary read section 3.
Sec. 3. No person under guar-
dianship, non compos mentis or in-
sane, shall be qualified to vote, nor
shall any person convicted of treason
or felony unless restored to civil
rights.
Mr. ESTABROOK. Mr. President,
1 move to amend by inserting the
word "woman" after "insane." It
Is proposed, sir, in this section, to
indicate persons who, by reason of
imbecility of intellect or their crimes,
are not worthy of enjoying the rights
of citizenship and suffrage un-
der the government we are
about forming, and I propose
that for the sake of the symmetry
of this article that we shall put into
this category all those characters
who are not deemed worthy of par-
ticipating in the matters of govern-
ment we are about to erect; and I
need not tell you, Mr. President, that
while the lunatic, the idiot and the
persons accused of crime and con-
victed of it '.tre excluded, that thoy
[August 15
are no more excluded from all partic-
ipation in the government that con-
trols her than are these imbeciles.
Now, sir, while the criminals who
are brought to view in this election
law are deemed felons, are deemed
guilty of crimes so grave and have
been punished therefor in the man-
ner indicated by this, and have been
placed in the category of the luna-
tic and idiot, it is but proper to put
that other excommunicated class
along with them, and thus preserve
the symmetry of the article. Who
are they, sir, excluded from the right
of suffrage in Nebraska? There are
two "Classes, — one deemed competent
aud proper to exercise the rights of
power; the other class, sir, are
those among the outcasts under the
system we are organizing. And who
are they that are among those in-
dividuals that walk forth proudly in
the image, and boast the power to
exercise the rights of complete cit-
izenship? The individuals of the
male sex of a certain age. certain
qualifications. Who are they that
are excommunicated, governed with-
out their consent, taxed without
being represented, deemed, sir, to be
so imbecile as not to have the right
to participate in the affairs of gov-
ernment? They are the lunatic, the
idiot and the person accused of crime.
And what other individual? The
woman. And why, sir, is she deemed
guilty of a crime? Yes, sir, a crime
graver than to bribe an elector, a
crime grosser, or as gross, as to have
suborned a witness to swear falsely
at the ballot box, as gross as it is to
keep and appropriate the public
moneys. That crime is simply the
STEWART— MASON— ESTABROOK
WOMAN SUFFEAGE
299
Tuesday]
ESTABROOK— PHILPOTT— HASOALL
[August 15
crime of having dared and pre-
sumed to be born a woman. Now,
in order to place your wife and
daughter and sister or mother in
the category where she belongs un-
der the constitution you are about
to make, to place her where
she belongs, and declare that her
position in the affairs of the gov-
ernment you are about to make, and
provide the material of which you
are to make the government you
are to constitute, say the woman be-
longs to the imbecile, to the outcasts,
to that class of individuals who are
disfranchised by reason of their in-
famous crimes, and unless you do
this you tell a falsehood upon the
instrument you s^nd before the peo-
ple. There is where she belongs;
and you have declared by vote of
23 to 15 that is where she belongs.
Therefore I hope she will have the
place you have assigned for her in
this article. It is a matter of con-
siderable doubt with me whether it
be more appropriate to place her
among the lunatics or the fools, or
the persons convicted of gross crime.
No, sir, they seem to be divided into
two classes. I suppose you would
place her — yes, I hear a gentleman
say, between them both. That is
what we presume to be the status
of the woman in the constitution we
are about to make. If that is the
view of gentlemen why not have the
courage to place her where she be-
longs? Why not preserve the sym-
metry of your article? I insist it
shall be so.
Mr. PHILPOTT. I do think that
consistency is a jewel; and I think.
sir, after the convention has, so far
in its operations, seen fit to strike
out this second section of the article
and to refuse to adopt the one of-
fered for a substitute, that they
should now adopt the amendment in
order to be consistent. This conven-
tion has taken upon itself so far to
declare that' the persons who here-
j after shall constitute the electoral
department of the state shall be no
other than male citizens of this state,
and male persons of foreign birth
who hereafter may declare their in-
tention to become citizens; and in
addition to that, by refusing this
second section, they have said the
executive [electoral] department of
the state is perfect within itself. They
say that no other class shall be ad-
mitted except certain males. Now,
sir, if this is the position they have
assumed — and I assert they have — -
let them be cosistent, and insert the
word woman where this amendment
says it shall go. The only course left
for them to redeem their character
would be to be consistent. Let them
perfect the work and make it com-
plete by saying that hereafter no
class shall ever be admitted into that
great department of the government
of the state except males; let them
show that they possess so much wis-
dom and courage as to declare here
that this one better class of electors
can represent entirely, completely,,
most perfectly the interests of every-
body.
Mr. HASCALL. Does the gentle-
man from Lancaster yield the floor
to me?
Mr. PHILPOTT. I do.
300
WOMAN SUFFRAGE
Tuesday]
Mr. HASCALL. Mr. President —
Mr. EATON. I move the previous
question.
Mr. MANDERSON. I rise to a
question of order, Mr. President. The
gentleman from Douglas (Mr. Has-
call) obtained the floor, was recog-
nized by the chair, yet had the floor.
No gentleman can take [it] to move
anything, not even the previous ques-
tion.
Mr. MASON. On the question of
order, I desire to submit this prop-
osition separately — that when any
gentleman has exhausted his time he
cannot yield the floor to a friend, but
every individual must take his
chances on the recognition. The
chair will see at a single glance that
if this could be done a very small
minority could yield one to the other
and never advance the business of
the convention.
Mr. HASCALL. I appeal.
The PRESIDENT. The question
is upon sustaining the chair.
Mr. MANDERSON. Parliamentary
law is not —
Mr. GRAY. I rise to a point of
order; that when the previous ques-
tion has been called and seconded,
then, sir, no debate is in order, until
the question is put.
Mr. MANDERSON. I believe I
have the floor. I was about to say
that parliamentary law was inaugu-
rated for the government of delib-
erative bodies many years ago — .
(Laughter.)
The PRESIDENT. The gentleman
must confine his observations to the
point appealed from.
[Augiist 15
Mr. MANDERSON. And for the
purpose of considerin|g the question
raised by the appeal it is necessary
that we get down to the bedrock of
parliamentary law. Therefore it is
highly important that we should look
into the pages of history and see the
practice as it has obtained for many
years, for the purpose of finding out
where we stand upon this important
question. The gentleman from Lan-
caster (Mr. Philpott) had the floor,
when the gentleman from Douglas
(Mr. Hascall) interrupted him.
Mr. GRAY. I call the gentleman
to order.
The PRESIDENT pro tempore.
The gentleman will state his point
of order.
Mr. GRAY. I will read rule 46 of
the rules of this convention.
No. 46. The previous question
shall be always in order, if the mo-
tion therefor be seconded by ten
members and shall be put in this
form: "Shall the main question be
now put?" and until it is decided
,shall preclude all amendments or
debate.
The PRESIDENT. The chair is of
the opinion that the call for the pre-
vious question cannot be made while
a gentleman is speaking.
Mr. MANDERSON. I appeal from
the decision of the chair, and call
the previous question.
The PRESIDENT pro tempore.
The question is "shall the decision
of the chair be sustained?"
The ayes and nays being demanded,
the secretary proceeded to call the
roll.
Mr. HASCALL, when his name was
called. Mr. President, I rise to
explain i}\y vote. I have been in
HASOALI^EATON— MANDERSOX— 3IAS0N— GRAY
WOMAN SUFFEAGE
301
Tuesday] GRIGGS— HASCAL]>-MANDERSON . [August 15
doubt as to the correctness of the
decision, and I dislike very much to
place myself in the wrong upon a
question of this importance. (Laugh-
ter.)
Mr. GRIGGS. I call the gentle-
man to order. He is not speaking
to the point,
Mr. HASCALL. I v/ill speak to
the point. Mr. President, I merely
wished to explain my position. Being
in doubt, then, I vote aye.
Mr. MANDERSON, when his name
was called. Mr. President, I rise
to a question of privilege. I ask
that I be excused from voting upon
this question. "Excused! Excused!"
(Laughter.)
The president announced the re-
sult, yeas 3 2, nays none, as follows:
YEAS.
Abbott,
Parchen,
Ballard,
Philpott,
Boyd,
Reynolds,
Campbell,
Shaff,
Eaton,
Sprague,
Estabrook,
Stevenson,
Gibbs,
Stewart,
Gray,
Thummel,
Griggs,
Thomas,
Hascall,
Towle,
Kilburn,
Vifquain,
Lyon,
Wakeley,
Majors,
Weaver,
Mason,
Wilson,
Moore,
Woolworth,
Newsom,
Mr. President.^ — 32
ABSENT
OR NOT VOTING.
Cassell,
Manderson,
Curtis,
Maxwell,
Granger,
Myers,
Grenell,
Neligh,
Hinman,
Parker,
Kenaston,
Price,
Kirkpatrick,
Robinson,
Lake,
Scofleld,
Ley,
Speice,
McCann,
Tisdel. — 20.
So the decision of the chair was
sustained.
The PRESIDENT pro tempore.
The question is, shall the main
question be now put?
Mr. MANDERSON. Mr. President,
I wish to be excused from voting. I
wish to give my reasons — -"Excused I
Excused!" (Laughter.)
The main question was ordered.
The PRESIDENT pro tempore.
The main question is upon the
amendment offered by the gentleman
from Douglas (Mr. Estabrook) to
section 3.
The yeas and nays being ordered,
resulted yeas 1, nays 3 4, as follows:
YEAS.
Estabrook. —
■1.
NAYS.
Abbott,
Majors,
Ballard,
Mason,
Boyd,
Moore,
Campbell,
Myers,
Eaton,
Newsom,
Gibbs,
Parchen,
Granger,
Philpott,
Gray,
Reynolds,
Griggs,
Shaff,
Hascall,
Sprague,
Kenaston,
Stevenson,
Kilburn,
Stewart,
Kirkpatrick,
Vifquain,
Lyon,
Wakeley,
Thummel,
Weaver,
Thomas,
Wilson,
Towle,
Woolworth — 34.
ABSENT
OR NOT VOTING.
Cassell,
Neligh,
Curtis,
Parker,
Grenell,
Price,
Hinman,
Robinson,
Lake,
Scofield,
Ley,
Speice,
McCann,
Tisdel,
Manderson,
Mr. President. —
Maxwell,
So the amendment was not agreed
to.
302
EESIDENCE OF ELECTORS
Tuesday]
MANDEESON— MASON
[August 15
The PRESIDENT pro tempore.
The question now is upon the adop-
tion of the section.
Tlie ayes and nays being ordered,
the secretary proceeded to call the
roll.
Mr. MANDERSON, when his name
was called. Mr. President, I shall
move to reconsider the vote on this
section, and therefore vote aye.
(Laughter.)
The president announced the re-
sult, yeas 3 6, nays none, as follows:
YEAS.
Abbott,
Myers,
Ballard,
Xewsom,
Boyd,
Parchen,
Campbell,
Philpott,
Eaton,
Reynolds,
Estabrook,
Shaft,
Gibbs,
Sprague,
Granger,
Stevenson,
Gray,
Stewart,
Griggs,
Thummel,
Kenaston,
Thomas,
Kilburn,
Hascall,
Kirkpatrick,
Towle, •
Lyon,
Vifquain,
Majors,
Wakeley,
Manderson,
Weaver,
Mason.
Wilson,
Moore,
Wool worth. — 3 6
NAYS.
None.
ARSExXT
OR NOT VOTING.
fassell.
Neligli,
Curtis,
Parker,
Grenell,
Price,
Hinmaii,
Robinson,
Lake,
Sco field,
Ley,
Speice,
McCann,
Tisdel,
Maxwell,
Mr. President. —
So the section was adopted.
16
The PRESIDENT pro tempore.
Gentlemen, the question is, shall the
main question be now put?
The main question was ordered.
Mr. MANDERSON. Mr. President,
I call for the reading of the section.
The secretary read as follows:
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
service of the United States.
Mr. MASON. Mr. President. I
move the adoption of the fourth sec-
tion, and on that motion I move the
previous question.
The PRESIDENT pro tempore.
The question is, shall the main ques-
tion be now put?
The motion was agreed to.
Mr. MANDERSON. I call for the
reading of the section.
The secretary read the section as
follows:
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 tlie United States.
The PRESIDENT pro tempore.
The main question is on the adop-
tion of section 4. The ayes and
nays ai-(> (l(Mii;nid(Ml. Secretary, call
the roll.
Mr. MASON. Mr. President, I
move the adoption of section four,
and call the pevious question.
The vote was taken and the result
announced, ayes 3 (5. nays non(\ as
follows:
PEIVILEGE OF ELECTOES
303
Tuesday]
GRIGGS
[August 15
Abbott,
-Ballard,
Boyd,
Campbell,
Baton,
Bstabrook,
Gibbs,
Granger,
Gray,
Griggs,
Hascall,
Kenaston,
Kilburn,
Kirkpatrick,
Lyon,
Majors,
Mason,
Manderson,
YEAS.
Moore,
Myers,
Newsom,
Parchen,
Philpott,
Reynolds,
Stevenson,
Stewart,
Sprague,
Shaff,
Thomas,
Tliummel,
Towle,
Vifquain,
Wakeley,
Weaver,
Wilson,
Woolworth.
NAYS.
-3 6
None.
ABSENT OR NOT VOTING.
Curtis,
Cassell,
Grenell,
Hinman,
Lake,
Ley,
Maxwell,
McCann,
Neligh,
Parker,
Price,
Robinson,
Scofield,
Speice,
Tisdel,
Mr. President. -
16
So the section was adopted.
The secretary read the next sec-
tion as follows:
Sec. 5. No soldier, seaman or ma-
rine in the army or navy of the
Lnited States shall be deemed a res-
ident of this state in consequence
of being stationed therein.
Section 5 was adopted.
The secretary read the next sec-
tion as follows:
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.
Mr. GRIGGS. Mr. President, I
move the adoption of the section and
on that motion I call the previous
question.
The PRESIDENT pro tempore.
The question is, shall the main ques-
tion be now put?
The motion was agreed to.
The PRESIDENT pro tempore.
The main question is on the adop-
tion of section 6. The ayes and
nays are demanded. Secretary, call
the roll.
The vote was taken and the result
announced, ayes 3 8, nays none, as
follows:
YEAS.
Abbott,
Moore,
Ballard,
Myers,
Boyd,
Newsom,
Campbell,
Parchen,
Eaton,
Philpott,
Estabrook,
Price,
Gibbs,
Reynolds,
Granger,
Stevenson,
Gray,
Stewart,
Griggs,
Sprague,
Hascall,
Shaff,
Kenaston,
Thomas,
Kilburn,
Thummel,
Kirkpatrick,
Towle,
Lyon,
Vifquain,
Majors,
Wakeley,
Mason,
Weaver,
Manderson,
Wilson,
Maxwell,
Woolworth. — 3
NAYS.
None.
ABSENT OR
Curtis,
Cassell,
Grenell,
Hinman,
Lake,
Ley,
McCann,
NOT VOTING.
Neligh,
Parker,
Robinson,
Scofield,
Speice,
Tisdel,
Mr. President. — 14
So the section was adopted.
304
RIGHTS OF SUFFRAGE
Tuesday]
The secretary read the next sec-
tion as follows:
Sec. 7. All votes shall be by bal-
lot.
Mr. MASON. Mr. President, I
move the adoption of the section,
and on that motion call the previous
question.
The ayes and nays were demanded.
The secretary called the roll, and
the president announced the result,
ayes 36, nays none, as follows:
YEAS.
Abbott,
Moore,
Ballard,
Myers,
Boyd,
Newsom,
Campbell,
Parchen,
Eaton,
Philpott,
Estabrook,
Reynolds,
Gibbs,
Stevenson,
Granger,
Stewart,
Gray,
Sprague,
Griggs,
Shaft,
Hascall,
Thomas,
Kenaston,
Thummel,
Kilburn,
Towle,
Kirpatrick,
Vifquain,
Lyon,
Wakeley,
Majors,
Weaver,
Mason,
Wilson.
Manderson,
Wool worth. ^ — -[
NAYS.
None.
ABSENT
OR NOT VOTING
Curtis,
McCann,
Cassell,
Neligh,
Grenell,
Parker,
Hinman,
Price,
Lake, Robinson,
Ley, Scofield,
Maxwell, Speice,
Tisdel, Mr. President.— 1 6
So section 7 was adopted.
The secretary read the next sec-
tion as follows:
Sec. 8. Uniform laws throughout
the state shall be made to ascertain
by proper proof what citizens are en-
titled to the rights of suffrage.
[August 15
Mr. GRAY. Mr. President, I
move the adoption of the section, and
on that motion call the previous
question.
The motion for the previous ques-
tion was agreed to, and section eight
was adopted.
Mr. GRAY. Mr. President, I
move the article be engrossed for a
third reading, and on that motion
call the previous question.
The PRESIDENT. The question
is, shall the main question be now
put?
The motion was agreed to.
The PRESIDENT. The question
now recurs upon the motion to have
the article engrossed.
The motion was agreed to.
Adjournment.
Mr. WEAVER. Mr. President. I
move we adjourn.
The motion was not agreed to.
Mr. TOWLE. Mr. President, I
move to reconsider the vote by which
this article was ordered engrossed,
and call the previous question.
The PRESIDENT. The question
is, shall the main question be now
put?
The motion was agreed to.
The PRESIDENT. The question
now is upon the motion to reconsider
I the vote by which the article was or-
dered engrossed.
The motion was not agreed to.
Mr. GRIGGS. Mr. President. I
move we adjourn.
' The motion was agreed to.
MASOX— GRAY— WEAVER— TOWLE— GRIGGS
FEINTING AND EEVISION
305
Wednesday]
FORTY-FIFTH DAY.
Wednesday, August 16, 1871.
The convention met at eight o'clock,
and was called to order by the pres-
ident.
Prayer.
Prayer was made by the chaplain
to the convention, as follows:
Our Father, daily we own that
we ought to acknowledge thy many
mercies toward us; may we not for-
get them. May we remember Thee
and be faithful forever. We pray
Thee to always take care of us. So
long as we live may we be mindful
of our dependence upon Thee and in
heaven may we praise Thee forever.
Amen.
Reading of the Journal
The Journal of yesterday's pro-
ceedings was read and approved.
Rights of Suffrage.
Mr. KIRKPATRICK. Mr. Presi-
dent, I wish to say that myself and
my colleague (Mr. Kenaston) protest
and dissent to the action of the con-
vention last evening by which the
article on rights of suffrage was
adopted.
Legislative Apportionment.
Mr. BALLARD. Mr. President, I
move we go into the committee of
the whole on the report of the com-
mittee on legislative apportionment.
Printing of the New Constitution.
Mr. PARCHBN. Mr. President, I
have a resolution I wish to offer.
The secretary read the resolution
as follows:
, "Resolved, That the new constitu-
tion of Nebraska be translated in the
German, Scandinavian and Bohemian
[August 16
languages, and that five thousand
copies in German, twenty-five hun-
dred in Scandinavian, and two thou-
sand in the Bohemian language be
printed for distribution amongst said
foreign-born citizens, and the secre-
tary of state is hereby directed to
advertise and let said translating and
printing to the lowest responsible
bidder of the state."
1 Mr. CAMPBELL. Mr. President,
I move the resolution be referred to
the printing committee.
The motion was agreed to.
Report of Revision Committee.
Mr. WOOLWORTH. Mr. Presi-
dent, your committee on revision and
adjustment have examined the en-
grossed bill of rights and recommend
the following corrections: First, in-
sert before the word posterity in the
sixteenth line, the word our. Sec-
ond, in. the first line of section 17
strike out the letter a, before the
word right, and insert in lieu
thereof the word the. Third, in the
fourth line of the twenty-second sec-
tion insert the word the before the
word possession. Fourth, insert the
section numbered twenty-six after
section 24, and number the same
twenty-five, and insert the section
now numbered twenty-five into an
article to be numbered Article II.
All of which is respectfully sub-
mitted. J. M. WOOLWORTH,
Chairman.
The PRESIDENT. The question
is on the adoption of the amend-
ments recommended by the commit-
tee.
The amendments were agreed to.
Committee cf the Whole.
The PRESIDENT. The question is
on the motion to go into committee
KIRKPATRICK— BALLARI>—PAROHEN— CAMPBELL—
WOOLWORTH
6
306
LEGISLATIVE APPORTIONMENT
Wednesday] NELSON— WEAVER— HASOALL—TOWLE— WILSON— BALLARD [August 1
of the whole on the article on leg-
islative apportionment.
The motion was agreed to.
So the convention went into com-
mittee of the whole, Mr. Estabrook
in the chair.
The CHAIRMAN. Gentlemen of
the committee, you have before you
article number four: how shall it
be considered?
Mr. NELSON. Mr. Chairman, I
move we take it up by districts.
The motion was agreed to.
The secretary read the first dis-
trict as follows:
District number one shall consist
of the county of Richardson, and be
entitled to one senator.
Mr. WEAVER. Mr. Chairman, I
move that the word one be stricken
out in first line and "two" inserted.
Now, sir, it takes 6,513 population
for one senator. Richardson county
has 9,737 inhabitants. I think that
leaves us about 4,000 inhabitants
unrepresented. If the convention
sees, fit they can allow you another
senator.22
Mr. HASCALL. We could not al-
low Richardson county an additional
senator for less than three-fifths of
the ratio, because we should exceed
the number of senators provided for
in our legislative article, which is
nineteen.
Mr. TOWLE.. Representing Rich-
ardson county, I was anxious [that]
we might have another senator, we
having today 4,320 people entirely
unrepresented, being about three
22. Mr. Wciivcr's ,«t!i tcincnt wms tliiit. "Ricli-
ardsoii coiiijly has about lo.niio iiiliabilants:"
but in llic iiiai)Us<Tii)t tlicsci flfiurcs aroi crossed
out find [),7l'>7 aro suhstilutcd in another hand-
writing. 'I'lic> coi'reet number, by the cen-
sus, was 9,780.— Ed.
times as much excess over the rati
as any other county. But, workin
under the direction of this conven
tion, you could not give her, in .ius
tice to the convention, and the othe
counties, more than one senator. W
have made as fair a division as w
could; and, although I am as mud
interested in the apportionment a
any one from Richardson < ount;
should be, I am satisfied.
Mr. WILSON. I move that th(
whole report be stricken out and IIk
question left to the next legislature
Mr. BALLARD. I do hope gen
tlemen v/ill clothe themselves thii
morning with liberality. We hav<
come to a point where it is neces
sary to be liberal. I hope every gen
tleman here will be ready to observ(
the rule la'd down. If it is for tin
good of my county to cut her in tw(
let us do it.
I\rr. TOWLE. As chairman of th<
committee, I ask members to tak(
their pencils and compare the num
ber of inhibitants and the ratio re
quired for the senator. The ratic
required for the senator is 3,506
and for representative 2,171.
Mr. WILSON. It seems to me tc
give Richardson county an extra rep
resentative because she has an excess
over the senator is very unjust. This
thing came up in tlie committee, anc
in order that Douglas county mighl
come here with nine representative?
and three senators, the two agreed
that they would give Richardson
county an extra representative it
they would say nothing about it. 1
saw it and left in disgust. (Laugh-
ter.) That is unfair action; and. in
order to have this thing come U|;
LEGISLATIVE APPORTIONMENT
307
Wednesday] GRIGGS— HASOALL— WEAVER [August 16
properly before the people, I move
that this whole subject matter be dis-
pensed with and left to the next leg-
islature.
Mr. GRIGGS. I am like the gen-
tleman from Johnson. I intend to
vote to strike the whole thing out.
Any one who will take figures and
divide the number of inhabitants in
Richardson county will find they
have enough for four and have a
surplus of 1,045.
Mr. HASCALL. The committee
made this apportionment upon the
rule adopted by the convention in
the legislative article. The conven-
tion thoroughly and fully considered
everything relative to the number
of senators and representatives, and
from what district, and in what
manner they should be apportioned.
They adopted this rule, that if a
county had three-fifths of the ratio
necessary for a senator it should
have a senator by itself. Con-
sequently, when the committee
undertook to do this work, they
found out what the ratio was, and
that if a county had three-fifths of
the ratio, they gave it a senator. If
it had not the ratio they attached it
to another county.
Mr. WEAVER. I withdraw my mo-
tion to strike out "three" and insert
"two."
Mr. HASCALL. The gentleman
from Johnson objects to this appor-
tionment, and says there was an
understanding between the mem-
bers from Richardson and Douglas
counties, that if Douglas had a cer-
tain number they would acqu esce
in the number given Richardson.
That is a mistake. There could be
nothing in it, for the reason that
Douglas county has not only the full
ratio, but an excess. The [n] Johnson
county had the ratio and an excess,
but that excess did not amount to
the three-fifths ratio, and Johnson
county demanded an additional rep-
resentative for the siurplus which
did not amount to the rat.o re-
quired. And other counties are bet-
ter entitled than Johnson county.
I mean Butler county. She had no
representation whatever. It did not
come up to the three-fifths by some
ten or fifteen inhabitants, and But-
ler county was attached to Polk
county in order to make it go round.
And there are counties near Cedar,
L'Eau Qui Court, Pierce, Wayne, An-
telope, York, Fillmore and others
attached together, and if there is any
merit, any additional representa-
tion to be given, it should go there;
and the committee saw fit to take it
in the rule adopted by the convention.
Now, we did this, and this is prob-
ably what the gentleman from .John-
son objects to. We are now consid-
ering the senatorial districts, and I
hope we will not strike out the whole
section. I believe we will not. AVe
cannot afford to do that. We must
make the apportionment in order to
put it in the constitution so that
our first legislature may be elected
from that apportionment. We have
provided for an increase in senators
and representatives, and we cannot
elect the next legislature under our
old constitution. Now Douglas coun-
ty is not particular about retaining
its nine members. If there is any
other large county willing to give one
away for other counties, Douglas
county will not be behind. It is will-
308
LEGISLATIVE APPORTIONMENT
Wednesday]
ing to lose in proportion to other
river counties, for the benefit of the
west. No one can object. Tliere is
only one wrong, if you may so term
it, in respect to senators, and that
seemed to be necessary. It was
Saunders county. Tliat county had
not a full ratio, and we had to attach
Sarpy county to it. That is the only
exception from the uniform rule pur-
sued over the state. Sarpy county
must be included in some senatorial
district. Saunders county is the only
■one that can justly complain. When
we come to representatives we can
consider that alone, and if it is
thought the river counties should
lose for the benefit of the interior
counties, I am sure Douglas county
will not be behind the others.
Mr. SPRAGUE. When this matter
in the legislat've article was under
consideration, I was in favor of fix-
ing some rule by which the conven-
tion should be governed. The com-
mittee did adopt this rule, that
any county having three-fifths of
the number required in forming
a senatorial or representative
district should have one member
of the legislature, for such excess.
Now, sir, I would say that it is
absolutely necessary that we should
make some kind of an appoint-
ment. We never can have a legis-
lature under this constitution un-
less we make an apportionment.
Now the only objection I have
to the action of this standing
committee is that it luis not adopted
that rule in full. They departed
from it ;n the case of Saunders coun-
ty; this county is put down as luiving
a poi)ulati()n of 4, ."72. Our worthy
[August 16
secretary, Mr. Holbrook, took the
census in our county, and he will
t^ake oath that .at that timo tihe
county had a population of five thou-
sand and something over three hun-
dred. If it is absolutely necessary to
violate the rule, I ask, sir, to what
county should it apply; should it be
to a large county or a small one?
A large county can well spare this
representation. Now the point I made
n the house was that it was not so
necessary to have a large representa-
tion, as it was to have some repres-
entation. I say that justice demands
that you should not violate the rule
in this way, and impose on the small
counties. I say if it is necessary to
violate the rule, let some of the
older counties give way to these
smaller counties. It strikes me, Mr.
President, that Ave should not strike
cut this entire report. It is abso-
lutely necessary we should make
apportionment.
Mr. TOWLE. Mr. President,
Saunders county has a population,
according to the census, of 4,572.
That entitles the county to one sen-
ator.
Mr. KIT. BURN. Mr. President, I
wish to state that the truth is,
Saunders county has a population of
.^).8 0.
Mr. TOVVLl^]. Saunders county has
a population of 4,3 7 2.-''- She is en-
titled to one senator, and the com-
mittee gave her this. It was a
phys'cal impossibility, under this
rule, to give each of these C()un(i(>s
2:1. Corrcclly. 4,r)47. Thvrv; scorns to ho no
oxplanation, but carelessness, for tlicse var-
iable numbers, inasmurh as the onunirrHtlon
of the census of ]87(> must have be«Mi aeeos-
.^iblc to the members of tlie convenlioti.
SPRAGUE— TOWLE— KILBURN
LEGISLATIVE APPORTIONMENT 309
ABBOTT— NEWSOM—PHILPOTT [August 16
Wednesday]
a representative. It would also
have been a gross injustice to give
Sarpy county no representative, there
being three large counties surround-
ing Sarpy. The only way we could
do was to join it to the smallest of
these counties, the two counties be-
ing joined have a population of 7,341.
There are four other districts having
a larger population than Sarpy and
Saunders joined. We departed from
the rule because it was absolutely
inipossible to do anything else. We
have carried out the rule to the best
of our ability. We have tried to
distribute this apportionment as
evenly as possible. I believe that no
injustice has been done to either
Sarpy or Saunders. Their popula-
tion, when joined, is exceeded by
four other districts.
Mr. ABBOTT. Mr. President, it
is a little amusing to those gentle-
men who live in the western dis-
tricts, who only get one representa-
tive, to see members of this con-
vention, who come from the popu-
lous districts, call each other "you're
another," and. "you did it yourself,"
when we were clamoring for more
representation in the western dis-
tricts. These gentlemen said, "we
will contribute some of our repre-
sentation." Now they quarrel among
themselves because they think they
have not a large enough representa-
tion.
Mr. NEWiSOM. Mr. President, T
am willing to contribute. I will vote
for taking off from Douglas and
Otoe counties, to give to these west-
ern counties.
' Mr. PHILPOTT. Mr. President, I
understand that the matter now un-
der discussion is this report. I de-
sire of the president if there has
been any amendments to this report
relative to Lancaster county.
The PRESIDENT pro tempore.
It has been agreed in the committee
that Lancaster county is entitled to
three representatives and Saunders
county to two.
Mr. PHIL'POTT. Mr. President,
there seems to be a little dissatisfac-
tion here. Now it seems to me that
the fair way to get at it is to have
these counties divided into represent-
ative districts by those figures which
represent the ratio, and then be gov-
erned by that rule exactly. If a
county only lacked one or two of the
three-fifths required, give them the
same representation as though they
lacked a larger number. If we are
governed by this rule we can arrange
this in a very short time.
The CHAIRMAN. The question is
on the motion of the gentleman from
Johnson to strike out the entire re-
port.
The motion was not agreed to.
The CHAIRMAN. The question is
on the adoption of the first district
as follows:
Senatorial Districts.
District number one shall consist
of the county of Richardson, and be
entitled to one senator.
The first district was adopted.
The chairman read the next, as
follows:
District number two shall consist
of the county of Nemaha, and be en-
titled to one senator.
District number two was adopted.
310
LEGISLATIVE APPOETIONMENT
Wednesday]
The chairman read the next, as
follows:
District number three shall consist
of the county of Otoe, and. be en-
titled to two senators.
District number three was adopted.
The chairman read the next, as
follows:
District number four shall consist
of the county of Cass, and be entitled
to one senator.
District number four was adopted.
The chairman read the next, as
follows:
District number five shall consist
of the counties of Saunders and Sar-
py, and be entitled to one senator.
Mr. KILBl^RN. 1 move to amend
that by striking out the word Sarpy.
The question is simply this, whether
the county of Sarpy shall have sena-
torial representation at the expense
of Saunders county, or at the expense
of the whole state. Saunders county
has a population of 4,5 72 by the last
census, and her real population is
5,330, nearly enough for one senator:
and Sarpy has a population of 2,919-'
the two counties making much more
than is reciuired for the senatorial
district. I stand here to protest
against that.
Mr. AP,nOTT. How will you pro-
vide for her at the expense of the
state?
Mr. KILIUIRN. I understand il
cannot be done without violating tlu>
rule which we have laid down. I am
not going to tell you how you should
do it.
2-1. 2, 913. —Ed.
[August 16
Mr. STEVENSON. Now let us
lock at this question, Mr. Chairman,
I hold that the committee have done
the very best they could. I under-
stand that uniting the two counties
does not give the full rat:o for a
senator.
Mr. SPRAGUE. It overruns it
900: the true population of Saunders
county is 5,330.
Mr. STEVENSON. We would have
the state too large if we take the
representation of each member here
regarding the population of his coun-
ty. There is no county joining Sar-
py that it can be united with under
our rule, except Saunders, and she.
must be united somewhere. It is
impossible, with nineteen senators
and fifty-seven representatives, to
give every county what they want.
We must do the best we can.
Mr. SPRAGl^E. Mr. Chairman,
This is a simple question of what is
right and what is wrong. There are
three counties in this state, D^dge,
Washington, and Pawnee, with less
population than we have, which en-
titles us to one senator; but this re-
port compels us to take in with us
another county. If three counties in
this state, with less population than
we have, is entitled to one senator,
which 1 claim they are, if they are
entitled to it, 1 ask, in all justice,
is not Saunders county entitled to
it? 1 believe this matter can be
satisfactorily arrange;! so as to sat-
isfy Sari)y county and not cause any
violation of this ruh'. Slu> is not en-
titled to a senator al()U(\ she has a
representative undtM- tli(^ apportion-
ment. Tliis rule would give to Rich-
ardson county one senator. She also
KILBUEN— ABBOTT— SPRAGUE— STEVENSON
*
LEGISLATIVE APPOETIONMENT
311
Wednesday]
has four representatives. I think
their extra representative should be
given to Sarpy; then she will have
more representatives than she is en-
titled to. I say that would be nearer
justice than the rule which takes
from us that which we are entitled
to. I do protest in behalf of Saun-
ders county against this violation of
the rule.
Mr. WILSON. Mr. President, 1
hope the motion of the gentleman
from Saunders will prevail. It seems
to me Sarpy is not very far from
Douglas county, and they ought to
be generous enough to stand to their
word. Pawnee county has not near
as much population as Saunders
county; still she has a senator to
herself. It seems to me a great in-
justice to violate this rule.
The motion was not agreed to,
and the fifth district Avas adopted.
The secretary read the next dis-
trict, as follows:
District number six shall consist
of the county of Douglas, and be en-
titled to three senators.
Mr. WILSON. Mr. Chairman, I
move to strike out "three" and in-
sert "two."
The motion was not agreed to.
District number six was adopted.
The secretary read the next dis-
trict, as follows:
District number seven shall con-
sist of the county of Washington and
be entitled to one senator.
District number seven was adopt-
ed.
The secretary read the next dis-
trict, as follows:
District number eight shall con-
feist of the county of Dodge, and be
entitled to one senator.
[August 16
District number eight was adopt-
ed.
The secretary read the next dis-
trict, as follows:
.Distrist number nine shall consist
of the counties of Cuming, Burt and
Stanton, and be entitled to one sen-
ator.
District number nine was adopted.
The secretary read the next dis-
trict, as follows:
District number ten shall consist
of the counties of Dakota, Dixon,
Cedar, L'Eau Qui Court, Antelope,
Madison, Pierce and Wayne, and
shall be entitled to one senator.
District number ten was adopted.
The secretary read the next dis-
trict, as follows:
"district number eleven shall con-
sist of the count es of Platte, Colfax,
Boone, Merrick, Hamilton, Polk,
York and Butler, and be enitlted to
one senator.
District number eleven was adopt-
ed.
The secretary read the next dis-
trict, as follows:
District number twelve shall con-
sist of the counties of Saline, Seward
and Jefferson, and be entitled to one
senator.
District number twelve was adopt-
ed.
The secretary read the next dis-
trict, as follows:
District number thirteen shall con-
sist of the counties of Johnson and
Gage, and be entitled to one sena-
tor.
District number thirteen was
adopted.
WILSON
312
LEGISLATIVE APPORTIONMENT
Wednesday]
GRIGOS^HASOALL— PRICE— BOYD
[August 16
The secretary read the next dis-
trict, as follows:
District number fourteen shall
consist of the county of Lancaster,
and be entitled to one senator.
District number fourteen was
adopted.
The secretary read the next dis-
trict, as follows:
* District number fifteen shall con-
sist of the county of Pawnee, and be
entitled to one senator.
District number fifteen was adopt-
ed.
The secretary read the next dis-
trict, as follows:
District number sixteen shall con-
sist of the county of Hall and all
other counties and territory not in-
cluded in any other senatorial dis-
trict, and be entitled to one senator.
Mr. GRIGGS. .Jefferson county
has been divided, and part of it is
called Thayer county.
Mr. HASCALL. It was necessary,
in these districts, to describe it just
as it has been described by the com-
mittee, so as not only to include
counties organized and unorganized,
but to include all territory. Thayer
county, and Nuckolls, Webster,
Franklin and Harlan are included in
the district. It is therefore better
to say Hall, and all other — "
Mr. PRICK. I suggest we change
the name of the county from Hall to
Thayer, that being a larger county. I
make a motion to that effect. I do
this because the returns from the
other counties would have to be made
to the county first named. It will
be inconvenient to get returns from
the counties down in the Republican
and the Blue, across the Platte to
Hall, that being the only one
north of the Platte. It would be
easier. I am not asking to have the
district changed — merely the name
of the first county.
Mr. ABBOTT. While I do not
claim the empty honor of having
Hall named, yet it seems to me Hall
is a more central point, and has a
larger population than any other
county in the district, and the accom-
modations for communication are
better. I see no reason for changing
it.
Mr. HASCALL. If you insert
Thayer instead of Hall, then all the
returns of the senatorial district
would have to be made to Thayer
county. Thayer is in the southeast
corner of the district, and it will
be inconvenient for Cheyenne, Lin-
coln district, etc., to make their re-
turns to Thayer. Jnall county has a
populat on of 1,9 and upwards,
Thayer only a population of less than
1,2 0. The census puts Thayer and
Jefferson together and gives them
2,400. Thayer has been made a
county since the census was taken. -5
Hall is the most populous county in
the district.
Mr. BOYD. Why not leave Thayer
county in district twelve?
Mr. HASCALL. District twelve
has ])opulation sufficient without .t.
Jefferson, Seward and Saline has a
population up to the ratio, whereas
the western district has not.
The motion to strike out was lost.
District sixteen was adoi)ted.
'iry. By the United States ocnsu.s of 1875 tho
population of Ifall county was l.On?, and
tiuit of Jcn'erson. 2,m. Tho creation of
Tliaycr county, ))y tlio division of JelTcrson,
was authorized by tho act of Mardi 1, 187],
and it was organized on tlie HOtli of October,
]S71.- Kd.
/
LEGISLATIVE APPOETIONMENT
313
Wednesday] TOWLE— WEAVER— NEWSOM—HASCALL— STEWART—
GRIGGS
Representative Districts.
The secretary read the first dis-
trict, as follows:
District number one shall con-
sist of the county of Richardson, and
be entitled to five members.
Mr. TOWLE. I will ask members
to mark a correction in the first line,
and say "four" instead of "five." It
is a mistake.
The PRESIDENT. The question is
upon the adoption of district num-
ber one.
Mr. WEAVER. I wish members
to allow me to explain the shape this
is in. If this "five" is stricken out in
Richardson county, great wrong will
be done. Le us calculate. Here, un-
der a population of 9,73 9, we get
one senator. We have a surplus of
37 9, more than twice the number
Pawnee has, and yet she has one
senator under this rule, ianjd the
same representation we had. But
that has passed by. How about the
house of representatives? To be sure
we have a very little less than three-
fifths of the ratio, but we have lost
almost enough for a senator. We
have 1,055 of a surplus on the rep-
resentation, besides losing 3,2 26 on
a senator. Yet gentlemen will con-
strue these figures, and do us the
injustice to strike us down to four
representatives, when they have
stricken us down so grievously in
the senatorial representation.
Mr. NEWiSOM. If we leave this
five we will have fifty-eight members.
Mr. WEAVER. Then I ask unan-
imous consent of the house to make
it fifty-eight.
[August 16
Mr. HASCALL. Will the gentle-
man from Richardson (Mr. Weaver)
let me make this suggestion.
Mr. WEAVER. Certainly.
Mr. HASCALL. Douglas and Otoe
counties can afford to give one rep-
resentative each. Douglas county
will be willing to give one represent-
ative, which would be given to the
northwest. Otoe county might give
on© to Richardson.
Mr. STEWART. Mr. President, I
am glad that some of these gentle-
men who live in the river counties
have got their eyes open on the dis-
trict business. Ever since I have
lived in Pawnee county we have been
without a representative in the sen-
ate. I am glad that these gentlemen
are getting their eyes open in re-
gard to this arrangement. I would
like to have some arrangement made
by which we can have a fair and
honest representation, but I am sor-
ry to say that the gentleman from
Richardson has never been able to
see it as I do.
Mr. GRIGGS. Mr. Chairman, I
would like to see this rule adhered to
less strictly. If we do not we will
insure the defeat of the constitution.
Take Johnson and Gage counties.
Johnson county has enough for two
representatives: she gets but one.
Gage county has within forty-seven,
and seventy-seven, respectively, of
having enough for one more repre-
sentative and one more senator,
whereas we have but one of each.
Now, as Richardson county has al-
ready four representatives, if Otoe
county is willing to give one away,
let her give it to Johnson county. If
Douglas county is going to be so just.
314
LEGISLATIVE APPORTIONMENT
Wednesday] HASCALL—WILSOX— WEAVER— STEVEXSOX— BALLARD— TOWLE [August 16
let her give her other representa-
tive to our county. If the rule had
been twenty-one and sixty-three, it
would have let in our county, and
Sarpy county also.
Mr. HASCALL. It is no fault of
ours that this three-fifths rule was
adopted. It is the fault of the gen-
tleman himself. The gentleman
must be bound by what he has here-
tofore done.
Mr. WILSON. I challenge the
gentleman to show who would have
suffered if the number of representa-
tion had been sixty-three and twen-
ty-one.
Mr. HASCALL. Butler county,
sir.
Mr. WEAVER. Th s nineteen and
fifty-seven rule was adopted under
the direction of certain gentlemen
whose counties would be accommo-
dated.
Mr. STEVENSON. Mr. Chairman,
what is the use of crying over spilled
milk? There was injustice worked
to some parts of the state by adopt-
ing this rule. So long as you have
this three-fifths rule there will be
some counties that it would cut off.
I don't care what number you have,
if you have this three-fifths rule,
there w ll be some counties dissatis-
fied. Now, so far as this rule is con-
cerned, I have no doubt but that it
suits some counties better than it
does some others. I, sir, for one,
voted against this rule every time.
I did not vote for fifty-seven and
nineteen, but, so long as a majority
of the members of this convention
did vote for it, I say let it go. The
majority saw fit to vote for fifty-
seven and nineteen, and I am willing
to let the matter rest. It would not
make a bit of difference if we had
had twenty-five and seventy-five,
there would have been some counties
which would not quite come up to
the number required for another rep-
resentative. Now nearly every coun-
ty in the state has a representative
here in this representative chamber.
I think it ;s a great deal better than
anything we have had heretofore.
Mr. BALLARD. Mr. Chairjnari,
"O wretched man that I am, who will
deliver me from the torture of this
death. (Laughter.)
Mr.. WILSON. Mr. Chairman, I
call the gentleman to order. He Is
not speaking to the question.
(Laughter.)
Mr. BALLARD. !\lr. Chairman,
my county has been torturea ana
tortured to death over this appor-
tionment. Now let us stick to this
rule.
Mr. TOWLE. Mr. Chairman, the
gentleman says that h s county has
been tortured to death over this ap-
portionment matter. I should think
that any county would be tortured by
having such a representative. (Laugh-
ter.) However much injustice it
may work to die county in which I
live, I am willing to live up to the
rule that has been adopted. I dO'
hope that this aiiportionment will be
confirniei by the committee of the
whole. If these large counties will
give u]) a portion of their represent-
so. 'I'lic dork, or some otlier critic of the re-
port of the (h^bates. tortured this fnmihar
passii{j:e from Romans, 7:20 by striking out
tlu' projx'r word, "body." and substituting tho
improper one. So tliat, Jiowever litt'e ti
facetious «entlen)an from Washington knvu
about (luestions apiH'rtaininfr to c()nsti(ution>
the manuscript indicates that liis knowlodu
of scripture was wrongfully impugned.— Kd.
LEGISLATIVE APPOETIONMENT 315
TOWLE [August 16
- ■ -
Wednesday]
ation we will be very glad. We do
not ask them to be generous — we do
not demand it as a right — but if
they will give from their excess all
right. I do hope that this will pass
through. Mr. Chairman, I now
move that distfict number one will
be adopted.
The CHAIRMAN. The question is
on the adoption of the first repre-
sentative district.
District number one was adopted.
The chairman read the next dis-
trict as follows:
District number two shall consist
of the county of Nemaha, and be en-
titled to three members.
District number two was adopted.
The chairman read the next dis-
trict as follows:
District number three shall consist
of the county of Otoe and be en-
titled to six members.
District number three was adopted.
The chairman read the next dis-
trict as follows:
District number four shall consist
of the county of Cass, and be entitled
to four members.
District number four was adopted.
The chairman read the next dis-
trict as follows:
District number five shall consist
of the county of Sarpy, and be en-
titled to one member.
District number five was adopted.
The chairman read the next dis-
trict as follows:
District number six shall consist
of the county of Douglas, and be en-
titled to nine members.
District number six was adopted.
The chairman read the next dis-
trict as follows:
District number seven shall con-
sist of the county of Washington,
and be entitled to two members.
District number seven was adopted.
The chairman read the next dis-
trict as follows:
District number eight shall con-
sist of the county of Burt, and be
entitled to one member.
District number eight was adopted.
The chairman read the next dis-
trict as follows:
District number nine shall con-
sist of the county of Dakota, and be
entitled to one member.
District number nine was adopted.
The ■ chairman read the next, as
follows:
District number ten shall consist
of the counties of Cedar, L'Eau Qui
Court, Antelope, Pierce and Wayne,
and be entitled to one member.
District number ten was adopted.
The chairman read the next, as
follows:
District number eleven shall con-
sist of the counties of Madison and
Stanton, and be entitled to one mem-
ber.
District number eleven was
adopted.
The chairman read the next, as
follows:
District number twelve shall con-
sist of the county of Cuming, and be
entitled to one member.
District number twelve was
adopted.
Si6
LEGISLATIVE APPORTIONMENT
Wednesday]
The chairman read the next, as
follows:
District number thirteen shall con-
sist of the county of Dodge, and be
entitled to two members.
District number thirteen was
adopted.
The chairman read the next as fol-
lows:
District number fourteen shall con-
sist of the county of Colfax, and be
entitled to one member.
District number fourteen was
adopted.
The chairman read the next, as
follows:
District number fifteen shall con-
sist of the county of Platte, and be
entitled to one member.
District number fifteen was
adopted.
The chairman read the next, as
follows:
District number sixteen shall con-
sist of the counties of Butler and
Polk, and be entitled to one mem-
ber.
District number sixteen was
adopted.
The chairman read the next, as
follows:
District number seventeen shall
consist of the counties of Merrick,
Howard, Sherman, Valley, Greeley
and Boone, and be entitled to one
member.
District number seventeen was
adopted.
The chairman read the next, as
follows:
Disrtict number eighteen shall con-
sist of the county of Hall, and be en-
titled to one member.
[August 1?
District number eighteen was
adopted.
The chairman read the next, as
follows:
District number nineteen shall con-
sist of the county of Pawnee, and be
entitled to two members.
District number nineteen was
adopted.
The chairman read the next, as
follows:
"District number twenty shall con-
sist of the county of Gage, and be
entitled to one member.
Mr. GRIGGS. I move to strike out
the word one and insert "two."
The motion was not agreed to.
District number twenty was
adopted.
The chairman read the next, as
follows:
District number twenty-one shail
consist of the county of Johnson, and
be entitled to one member.
Mr. WILSON. 1 move to strike
out the word one and insert two.
District number twenty-one was
adopted.
The chairman read the next, as
follows:
District number twenty-two shall
consist of the county of Lancaster,
and be entitled to two members.
District number twenty-two was
adopted.
The chairman read the next, as
follows:
District number twenty-three shall
consist of the county of Sauttders,
and be entitled to two members.
District number twenty-three was
adopted.
WILSON
LEGISLATIVE APPORTIONMENT 317
TOWLE— GRIGGS^PRIOE [August 10
Wednesday]
The chairman read the next, as
follows:
District number twenty-four shall
consist of the county of Seward, and
be entitled to one member.
District number twenty-four was
adopted.
The chairman read the next, as
follows:
District number twenty-five shall
consist of the county of Saline, and
be entitled to one member.
District number twenty-five was
adopted.
The chairman read the next, as
follows:
District number twenty-six shall
consist of the counties of Jefferson
and Thayer, and be entitled to one
member.
Mr. PRICE. I move to strike out
the word Thayer, so that Jefferson
county will stand as a district alone.
I ask the attention of the conven-
tion for a few minutes. I believe,
sir, that Jefferson county is entitled
to one representative alone. The
vote cast there this spring was 3,-
000; and, sir, I would like to strike
Nuckolls from district number twen-
ty-eight, so that Thayer county may
have counties added to it running
west. In this twenty-eighth district
there is one county running south.
I am not a resident of that county.
Mr. TOWLE. One word, Mr.
Chairman, upon that proposition. It
is simply that Jefferson county have
one representative, and Thayer
county be cut off and added to Nuck-
olls — a county that has only eight
inhabitants in it, and I believe Thayer
'has only 500, and they would not be
entitled to a representative. We
have done the very best we could
under the circumstances.
Mr. GRIGGS. Mr. Chairman, I
wish to say that Jefferson county is
entitled to one representative. She
has, as shown by the census, alone
2,441 inhabitants, almost enough un-
der the three-fifths rule for two
representatives. Now Jefferson coun-
ty is entitled to the benefit of this
three-fifths rule. She is shown as
having 2,400 population, and de-
mands a senator. It is not known
what the population of Thayer
county is.
Mr. PRICE. Mr. Chairman, as to
the population of those counties^ — ■
Jefferson has sufficient under the
three-fifths rule to give her a rep-
resentative. You attach York, Ham-
ilton, Clay, Fillmore and Nuckolls,
which have a population of 1,034,
while the census taken two years
ago shows Jefferson to have 2,441
inhabitants. I have a letter from
a county commissioner of Jefferson
county in which hie puts the popula-
tion of Thayer county at 2,500,^7
and if you put off the apportionment
until next Friday I will have docu-
ments, to show the population of those
counties.
District number twenty-six was
adopted.
The secretary read the next dis-
trict, as follows:
District number twenty-seven shall
consist of the county of Lincoln, and
be entitled to one member.
27. According to the first state census,
taken in 1874, three years later than the
time in question, the population of Thayer
county was only 1,781. In 1875 it was 2,139,
and in 1876, 2,410. (Nebraska Senate Journal,
1877, p. 880.)— Ed.
318
LEGISLATIVE APPOETIONMENT
Wednesday]
TOWLE-ESTABROOK-GEAY-SPEAGUE-GRIGGS-PRICE
[August 16
District number twenty-seven was
adopted.
The secretary read the next dis-
trict, as follows:
District number twenty-eight shall
consist of the counties of York, Ham-
ilton, Clay, Fillmore and Nuckolls,
and be entitled to one member.
District number twenty-eight was
adopted.
The secretary read the next dis-
trict, as follows:
District number twenty-nine shall
consist of the county of Dixon, and
be entitled to one member.
District number twenty-nine was
adopted.
The secretary read the next dis-
trict, as follows:
District number thirty shall con-
sist of the county of Kearney, and
all other counties and territory not
included in any other representative
district, and be entitled to one mem-
ber.
District
adopted.
number thirty was
Mr. TOWLE. Mr. Chairman, I
move the committee rise, report the
article back, and recommend its
adoption by the convention.
The motion was agreed to.
Mr. ESTABROOK. Mr. Presi-
dent, the committee have had under
consideration the article on legisla-
tive apportionment, have made sun-
dry amendments and instructed me
to report.
Mr. GRAY. Mr. President, I move
we take up the article in convention.
The motion was agreed to.
Mr. TOWLE. Mr. President, I
move we consider it as a whole.
The motion was agreed to.
Mr. SPRAGUE. Mr. President, I
move to amend district number five
by ma'king the word counties "coun-
ty," and striking out the words "and
Sarpy."
Mr. TOWLE. I move the adop-
tion of the section.
Mr. GRIGGS. I do not presume
that anything that could be said
would change this. I see the tide
has set in and is carrying everything
with it. But I might want to enter
my protest; and those who have
urged this thing are working against
the western country. I shall remem-
ber them.
Mr. PRICE. So will I.
The convention divided and the
section was adopted.
Mr. GRAY. Mr. President, I move
that the rules be suspended, the
[reading of the] bill be waived and
the article put upon its third read-
ing and passage.
The motion was agreed to.
The PRESIDENT. This is the
passage of the bill. As many as are
in favor will, as your names are
called, answer aye. Those opi)osed
no.
The secretary called the roll.
LOCAL OPTION
319
Wednesday]
ABBOTT— STEWART
[August 16
The president announced the re-
sult, ayes 29, nays 11, as follows:
YEAS.
Abbott,
Philpott,
Ballard,
Robinson,
Boyd,
Stevenson,
Campbell,
Stewart,
Eaton,
Scofield,
Gibbs,
Speice,
Granger,
Shaft,
Gray,
Thomas,
Hascall,
Thummel,
Kenaston,
1 isdel,
Kirkpatrick,
Towle,
Lyon,
Wakeley,
Majors,
Weaver,
Myers,
Woolworth. — 2
Newsom,
"NT A VQ
Griggs,
Reynolds,
Kilburn,
Price,
Mason,
Sprague,
Moore,
Vifquain,
Neligh,
Wilson. — 11.
Parchen,
ABSENT
OR NOT VOTING.
Cassell,
Ley,
Curtis,
McCann,
Estabrook,
Manderson,
Grenell,
Maxwell,
Hinman,
Parker,
Lake,
Mr. President.—
-12
So the article passed and was re-
ferred to the committee on revision
and adjustment.
COMMITTEE OF THE WHOLE.
Article on Temperance.
The PRESIDENT. I have the re-
port of the special committee on
temperance. Shall we go into com-
mittee of the whole upon this sub-
ject?
"Agreed! Agreed!"
So the convention went into com-
mittee of the whole, Mr. Griggs in
the chair, for the consideration of
the report of the committee on tem-
perance.
Mr. ABBOTT. I move the com-
mittee do now rise and report the
article back to the convention, with
the recommendation that it lay [lie]
on the table.
Mr. STEWART. I think this is
one of the most important questions
that has, or can, come before us. I
have a speech w^ritten upon this sub-
ject, which I ask permission to hand
to the reporters.
"Leave! Leave!"
Mr. STEWART. [Address] hand-
ed to the reporters according to
agreement.
Mr. Chairman, I look upon the
question now under consideration as
the most important of any that has
ever been before this Convention. The
question of prohibition has for years
been one of vast concern to the best
men of Our Nation, and is one of
vast moment to the people of Nebras-
ka at this time. It is a notorious
fact that intemperance today Stalks
abroad in high places, as well as in
the Middle and lower walks of life.
Not less thon One IVTillion of Souls are
annually sent prematurely to a
Drunkard's grave and thousands or
widows and orphans are left buffeting
on the mercies of an unfeeling world.
Today the influence of intemperance
is felt in every department of the
Government. Elections are controled
by the chartered Saloons of large
Cities, Conventions run under high
pressure of the ardent, freely im-
bibed by its members. State poli-
tics are controlled by the whiskey
element in a .great measure. The
party Caucus is held and the slate
320
LOCAL OPTION
Wednesday]
of State made up in some room at tlie
hotel where the bottle passes freely
and the mind is more influenced by
whiskey than patriotism. I know
leading men in this State, Men of fine
ability and learning, men of fine feel-
ing and large heart, men that should
be useful and shining lights to guide
the young and rising generation in
the paths of virtue, temperance and
happiness yet alas! the Demon drink
has marked them for his victim.
They will walk up deliberately and
unblushingly to the bar of a wbisKey
shop and gulp down before the
youth of this land. Death and Damna-
tion without compunction. I see in
the sparkle of the eye, the blossom
on the nose, the bloated visage, and
offensive breath, a certain and sure
indication of a premature death liu'I
a Drunkard's Grave. I saw in this Hall
the powerful influence that whiskey
has over the politics of this Country.
A proposition was before the Legis-
lature two years ago, providing that
no license should be granted without
the consent of a majority in the town
or precinct, when a german arose in
his place and said, that if the propo-
sition was carried, all the Germans
would vote the Democratic Ticket.
And then, oh shame to say, gentle-
men on the floor, Christian Gentle-
men, honorable Gentlemen, and Tem-
perance Gentlemen, swallowed hon-
or, Christianity, virtue, and Temper-
ance for sake of party power, and
voted against the proposition. I
now say, as I did then, if there "s
no higher principles in the Republi-
can Party to hold them together, or
if its perpetuity depends on its sup-
port of these Hell Holes of Satan, the
[August 16
Whiskey shop, let ner slide, the soon-
er, the better. It is the Craven dis-
position of both part es that has so
long supported this crying evil. The
fear of loosing power and office. I
think it is time that the good, the
virtuous, the temperate, the honest,
the just and wise, of all parties were
arising as one man, and with clie
power of right, present a Solid Phal-
anx to the enemy, and say, so far hath
thou gone, but no further shalt thou
go. But the opponents of Temper-
ance say you have no right to inter-
fere with our affairs. You have no
right to make laws to interfere with
the trade of Whiskey, no Right! Hav6
we no right to stay the hand of an
assassin when we see it lifted to
strike our Brother . No Right to
protect the lives and property of our
neighbors and friends? Have we no
right to close these dens of Satan and
arrest the destruction of the Millions
cf Poor inebriates? Have we no right
to prevent ^lisery, degredation and
the death of thousands of the youths
of this land? I know we have, and
justice demands it. Do not thcusands
of the widows and orphans of this
land cry aloud on behalf of Drunk-
ards Avives and Children, and say
arrest the downward road of the
Husband and Father, before it is too
late? Does not self-preservation de-
mand the removal of this evil from
our midst? Does not justuo to our-
selves and children require the arrest
of this destroyer? Does not the finan-
cial condit on of the nation require
the suppression of tnis evil? There
is money enough expended for liquor
every year in the U. S. alone to
pay one fifth of the National Debt,
STEWART
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STEWART
[August 16
principal and interest. Not only this
but it would save millions of dollars
annually for the suppression of
crime. It is a fact which none can
successfully deny, that the use of
Alcoholic Liquors is the cause of more
than one half of the crimes that are
committed in this country. I know a
young man of a most peaceful dis-
position when sober, but while drunk
not more than three weeks ago act-
uated by the Demon whiskey, entered
a Livery Stable and assaulted a man
with whom he was on the best ol
terms, and injured him so severely
that he died in two days. This young
man together wit hanother who was
present and drunk, are now lying in
the county Jail awaiting his trial for
murder. Now, I say whiskey is re-
sponsible for the Death of the man —
the enormous expense of the County
and the ruin of two young men of
promise. I need not repeat these
cases for every Gentleman present is
familiar with msLuy Scenes like thes',-.
We all know that where saloons are
common that poverty crime and mis-
ery Stalk abroad. Instead of provid-
ing for their families, the husbands
and fathers spend their time and
means at the Grocery, or in carousal
with kindred Spirits. The following
conveys the idea of the many of like
Scenes of misery constantly occurring
in our midst. It is the New Year and
many welcomed in the year with
Wine and Song who had wreathed
about its young temples the garland
which dissipation loves to twine,
and send it, as it were reeling on
its way toward the future, but
who will watch it departing for-
ever laden with ardent hopes and
h;gh resolve, and worse still with
unfulfilled purposes. When the
keen blast of that
Years
night howled around yonder
dwelling in the outskirts of the City,
a pale wan woman might have been
j seen sitting, "plying her needle and
j thread," and as she pondered on
j the New Year just entered upon its
I existence, she looked forward to its
months with no hope, and reverted
to the past with no pleasure. The
past! What had it written on the
page to cheer her? He to whom her
young vows were given — who had
promised to love and cherish her —
had all but deserted her and buried
feeling and affection in the intoxi-
cating cup. One by one every slen-
der thread of comfort had snapped,
and with them some fine heart strings
had cracked too. Earth to her ap-
peared but a long dreary desert over
which a miserable caravan was pass-
ing, from which each after the other,
the wretched pilgrims turned away
and died, far from the refreshing
fountain for which they pined. And
the partner of that loved woman was
away bidding farewell to the old
year and welcome to the New with
the poisonous cup and the thought-
less toast, forgetting that every mo-
ment which floated by, bore its record
with it. That midnight scene might
have been in the mind of the writer
who in portraying such sorrows says:
"Within a chamber dull and dim, a
pale, wan Woman waits in vain
througli the long anxious hours for
him away. In want and wasting pain
a babe upon her knee is pining. Its
v/inning smiles all scared away, she
almost hopes the suns next ray may
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STEWART— BALLARD— ESTABROOK
[August 16
on its calm cold