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

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 



LOCAL OPTION 



321 



Wednesday] 



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 



322 



LOCAL OPTIOX 



"Wednesday] 



STEWART— BALLARD— ESTABROOK 



[August 16 



on its calm cold corse, be sliining. 
Poor watcher. He comes not slie 
dreams perchance of her old home 
and now upstarting with a livid brow 
— clasps the babe closer to her breast 
— that dying child, yet loved the 
best. 

Such ;s one of the many scenes 
that are far too common in our 
midst. Such are some of the bane- 
ful effects of intemperance. Wine is 
a mocker, strong drink is raging and 
whosoever is deceived thereby is not 
wise. 

The folloAving are the proper views 
in my opinion in regard to the Drunk- 
ard and the rum seller. I would use 
moral suasion alone in regard to 
the drinker. I would show to him 
the fcrlain ruin of himself and fam- 
ily. Of him certainly to end his 
career in a drunkard's grave. 1 
would take hold of him by kindness 
and endeavor to impress him with 
proper views as to the object of life. 
I would throw around him all the 
restraint that friendship could com- 
mand. And in this way would en- 
deavor to lead him to a higher life. 
But with respect to the rumseller, 
who sells that which causes his fel- 
low man to become an inebriate; 
who for the sake of acquiring wealth, 
places within a mans reach that 
which disqualifies him for exercising 
the reason with which li s maker 
endowed him, and reduces him to a 
grade far below the level of the 
beasts that perish: who sells him that 
which unfits him for discharging the 
duties of a man and a citizen toward 
his family and his Country. T say in 
respect to such a man, who, when 
the startling truths are pressed home 



to his heart and conscience, still per- 
sists, in poisoning the Streams of So- 
ciety at their fountain Head, a differ- 
ent an a more stringent measure 
should be adopted. Jn my opinioii, 
and I Say this out of no ill will in 
particular to the Rum Seller, he 
I should be prevented by the strong 
; arm of the law from endangering 
from purely mercenary motives, the 
peace, the prosperity, and the morals 
of the community at large. As sure- 
ly as effect follows cause so certainly 
would drunkenness diminish and dis- 
appear altogether if there were no. 
drr.nkard-makers. Annihilate the 
traffic, and then temptation re- 
moved, the poor inebriate would 
have no enemy left to vanquish and 
would be free indeed. 

:\rr. BALLARD. As I understand 
the matter we are now about closing 
up the business of tnis convention. 
Here is a p^'opos tion to be submitted 
to the people as a separate and in- 
dependent article. This is, I under- 
stand, to be the proposition upon 
the part of the friends of the repor:. 
Xow, sir, to be consistent with what 
I have attempted to do, and what I 
hope to continue to do — that where 
any question comes up in which a 
goodly number of the people desire 
to be heard, I say let them be heard, 
whether it be upon the subject of 
selling whisky, or voting railroad 
bonds, or what not. 

Mr. ESTABROOK. Does the gen- 
tleman include female suffrage in 
his "what not?" (Laughter.) 

Mr. BALLARD. If the friends of 
that movement had been content, as 
gentlemen ordinarily are, I should 
have voted for the submission of 



LOCAL OPTION 



323 



Wednesday] 



MYERS— ABBOTT— PHILPOTT 



[August 16 



that question. But they aimed to 
drive us, not only to the wall, but 
through it. I only ask, gentlemen, 
that we follow the rule which has 
been adopted, that is the liberal rule 
to let the proposition go before the 
people; and if they want it, let them 
vote for it; and if they do not, they 
can vote it down. 

Mr. MYERS. Mr. Chairman, 1 
wish to amend the motion of the 
gentleman from Hall (Mr. Abbott) 
by moving that when the committee 
rise, we report this article to the 
consideration of the next legislature. 

Mr. ABBOTT. I accept the amend- 
ment. 

The CHAIRMAN. The question 
now is upon the motion that when 
the committee rise they report the 
article back to the convention with 
the recommendation that it be sub- 
mitted to the next legislature. 

Mr. PHILPOTT. Mr. Chairman, 
I am opposed to the motion to refer 
the report of the committee on the 
liquor traffic to the next legislature. 
The report is properly before the 
committee of the whole of this con- 
vention and should receive its con- 
sideration. Sir, the motion is in- 
tended to remove the responsibility 
of dealing with this subject from this 
convention to the legislature of the 
state, an act as unkind and ungen- 
erous in its nature as it is cowardly. 
The propositions of the special com- 
mittee on temperance are of such 
character as to place the matter of 
inhibition or the license of the sal^ 
of ardent spirits under the control 
of the citizens of the counties, cities, 
precincts and towns of the state, a 
very mild treatment on our part of 



the enormous evil of which thousands 
of our people feel and complain. If 
the report of the committee be not 
passed upon here, and no provision 
made in the const tution by which 
the legislature may submit the ques- 
tion of inhibition or license to the 
people as proposed, the legislature 
can not by any law which it may 
pass confer such legislative power to 
the people of the counties, cities, etc., 
as would give any constitutional vi- 
tality to any proposition upon which 
they might vote. Sir, if we intend to 
give the people of the counties and 
other municipalities the power to 
treat this liquor traffic in the way 
they most desire, either by permit- 
i ting its sale or otherwise in their 
I midst — and this seems to be the 
wish of many by the petitions here 
I on file — we must in the first place 
i submit to the people for their adop- 
I ticn some proposition like the one 
I now before us. Gentlemen, are you 
i willing here to fearlessly discharge 
i every responsibility which you have 
voluntarily assumed? I need not 
recount to you the evils created by 
j the liquor traffic. The report of the 
special committee has been before 
j you for several days. Its statistics 
1 of crime, and cost in money, and 
I lives only serve to remind you of 
what you have all your lives been 
; and now are living witnesses. Gen- 
' tlemen, there is not one of you who 
i does not know and feel his duty. 
Have you the courage to, and will 
you do it? "Let all the ends thou 
aimest at, the the country's thy 
God's and truth's^s 



28. "Let all the ends thou aim'st at be thy 
coiintry's. 
Thy God's and truth's."— Ed. 



324 



LOCAL OPTION 



Wednesdaj'] 



Mr. VIFQUAIN. Mr. Chairman, let 
me ask the gentleman a question, 
(To Mr. Philpott. ) Did not you pay 
a whisky bill at General Funk's^o 
during the session of this conven- 
tion? 

Mr. PHILPOTT. No, Sir, I paid 
no whisky bill. But, sir, suppose I 
did; what has that lo do with this 
question? I want to fix it so that no 
man can pay whisky bills. I ask 
that you stand up here and help me 
do this. I do not want a license 
law at all, but I want the people 
to say for themselves whether they 
will prohibit the selling of whisky; 
the queiStion now is whether we will 
allow this matter to go before the 
people. 

Mr. MYERS. Mr. Chairman, 
I wish this question of li- 
cense or no license could be 
left to the disposition of the 
people, without leg slative interfer- 
ence, except in so far as revenue to 
the state may be levied, in the same 
proportion as taxes are levied upon 
other taxable assets of the people. 
I am sure, sir, that it is not a polit- 
ical question and if it was, I would 
not shrink from any responsibility 
upon any proper position my party 
might adopt in reference to it, and. 
further, it can never, in my opinion, 
be made a party question. It is more 
a question of expediency, of individ- 
ual regulations, the same as the — ■ 
Convinced of the impossibility of 
reaching the evil of intemperance in 
the use of intoxicating liquors by 
means of constitutional or legislative 
enactments, I appeal to the higher 

29. Otto Fuiiko, who kept a liquor saloon 
in Lincoln.-- P>J. 



[August 16 



law governing the minds of men, 
that of producing conviction. 

Mr. KIRKPATRICK. Mr. Chair- 
man, I liope this report will take the 
course which the gentleman from 
Douglas wishes it should. I hope 
the report will be considered in the 
committee of the whole, as other 
reports have been. I am ready to 
meet this question now and here. 
The matter comes here, in the first 
instance, from the Good Templars 
of the state ot Nebraska, and 
I say it is entitled to the re- 
spectful consideratiion of tMs 
body. It was referred to a com- 
mittee, and that committee has re- 
ported this article here, which they 
recommend this convention to sub- 
mit to the people for their adoption 
or rejection. That, sir, is a fair 
proposition. The largest and most 
numerous petitions which have beea 
presented to this body upon any 
question come from the people rep- 
resen^ted in this temperance matter. 

Mr. iMYERS. If you go to the 
people with this proposition, it will 
be voted down by 2o,U00 majority. 

Mr. KIRKPATRICK. Grant it 
may be, sir, what harm is done? 
What expense is incurred in submit- 
ting it? Now, if that is an excuse for 
refusing to refer it to a vote of the 
people, it is folly; but, sir, this ques- 
tion is now being agitated all over 
the state and will cont nue to be, by 
the friends of it. 

Now, sir, I will not stop to in- 
form this committee that there ought 
to be a restriction put upon the sale 
of intoxicating liquors. The gentle- 
men all know this. I have hearcj 
gentlemen object to the dispositioa 



VIFQUAIX— PHILPOTT— MYERS— KIRKPATRICK 



LOCAL OPTION 



325 



Wednesday] ROBINSON— WILSON— HASCALL—KENASTOX— MASON 



of the fines arising under this sec- 
tion, that it should go to the insane. 
I ask where better could it go? Are 
there not many persons made in- 
sane by this very thing, many a 
poor woman, and many children, 
whose reason is destroyed entirely 
on account of the use of liquor? 
These gentlemen claim it should go 
into the ischool fund, but, sir, I don't 
believe :'n sanctifying a fund of this 
kind. I don't believe in giving li- 
cense to this evil for the purpose of 
educating our children in the right. 
I do hope gentlemen will not try to 
shift their responsibility by simply 
referring it back to the people with- 
out any regard to their wish. I pro- 
pose to have them on the record. 

Mr. ROBINSON. Mr. Chairman, I 
hope this amendment will prevail. I 
do not believe in submitting anything 
as a part of the constitution that I 
think will not carry. I, for one, am 
opposed to a prohibitory law be- 
cause I don't think they can be made 
successful, yet I am in favor of 
every principle stated in the article. 
There are two ways of reaching this: 
one to make the sale unlawful, and 
the other is to educate the people 
against the use of it. This, of course, 
would be a long way, but, I think, 
the only one that would be success- 
ful. 

Mr. WILSON. Mr. Chairman, I 
rise not to make a speech, but only 
to allow the gentleman from Cass, 
(Mr. Kirkpatrick) [to] put me on 
the record, I for one will vote 
against it. 

Mr. HASCALL. Mr. Chairman, I 
^ will occupy Only about five minutes 
on this subject. I will not enter 



[August 16 



upon the discussion of its merits. It 
is a subject matter of legislation, 
and it ought to be left in such shape 
that if it works wrong, it may be 
appealed [repealed] ; and I think it 
would be improper to put it in the 
constitution and put it beyond remedy 
or improvement. I think it would be 
wrong for us to introduce in this 
constitution of Nebraska a discussion 
and agitation over tiie liquor traffic. 
It is not proper to say anything about 
this in the constitution or propose 
a provision that will necessarily be 
inserted in the cbnstitution, but it 
is a matter to be regulated by law, 
and that law is to be shaped by the 
people through their representatives 
in the legislature; and if the people 
want prohibitory laws, they will send 
men to the legislature who will vote 
for them, and after they have ap- 
proved them, if they do not work 
well, they will send members to the 
legislature at the next session to re- 
peal it. Therefore, I say it is improp- 
er to treat of it in the constitution, 
and I am willing to go upon the 
record and [for] leaving it where it 
belongs, with the legislature. 

Mr. KENASTON. Mr. Chairman, 
I hope this will not be lightly passed 
over. It is a subject of great impor- 
tance, and has been presented before 
this convention from an important 
source, and I hope it will be left as 
reported by the committee. 

Mr. MASON. Mr. Chairman, in 
justice to myself I ought to make a 
few remarks in respect to the ques- 
tion now under consideration. And 
I might, perhaps, be permitted to 
preface these remarks with a declar- 
ation that whilst all things around'. 



326 



LOCAL OPTION 



Wednesday] MASON [August 16 



are rapidly sinking ;nto that myster- 
ious night whicli must eventually en- 
velop the whole human family, there 
are efforts which must outlive time 
itself. These are the efforts of men 
in associate capacity to elevate and 
reform public morals and correct 
public vices. Now, sir, :t is idle to 
say that an evil does not exist. It 
stalks abroad at noonday and invests 
the streets at night. It forces itself 
into legislative halls and delibera- 
tive bodies, and retires not from the 
temple of justice. It goes forth with 
the sword of death in its hand to 
slay and destroy, and pauses not with 
the immediate fact of its own dis- 
solving power, [but] extends its poi- ! 
son to the shrinking child and the | 
weeping mother. And, sir, it is in j 
va n to attempt, in this day and age , 
of the world, either by the machin- i 
ations of divine power, as in this case, 
where the amount of capital which | 
because of this drink is equivalent to 
the combined capital of the entire 
railroads of this continent. Avhere 
that much ca])ital comes to the res- 
cue and i)lants its threatening ban- 
ners in legislative halls and in judi- 
cial decisions, 1 s:iy I would deem 
myself less a man than \ do, did I 
not stand up to inquire in the face 
of that banner and in the public as- 
sembly and say, is this right? Ought 
this thing to be? And, sir, neither 
the threat of those who vend and 
deal in this matter, nor their combi- 
nations to defeat political asi)ersions 
[aspirations?] and [can] deter my 
action in this regard. Why, sir, be- 
cause today everywhere among the 
people the time has ceased to be 
when the inquiry is, what are party 
band^ and party affiliation? ICvery- 



where, from every hearthstone, 
from every family altar, from every 
church organization, and every de- 
liberative body, one inquiry comes 
up: what is right? That, sir, will 
tend to elevate, purify and reform 
the public morals and advance the 
general good, and, sir, if this conven- 
tion mingle not their voice in this 
one anxious inquiry that goes up 
to heaven all over this land, they will 
receive the judgment of condemna- 
tion from that deliberative judg- 
ment sooner or later. Then, sir, I 
only pause to inquire, what is best 
in this regard? And in respect to this 
matter there may be, and doubtless 
is honest differences of opinion, and 
ihe first question for us to consider 
s, is it prudent, is it ri^ht for us to 
submit this proposition to the people 
as a separate proposit^lon yit the 
present time? If the legislature 
possesses all the power to do all that 
this proposition could do, without 
receiving the sanction of the people, 
we had then best pause to inquire 
whether we had better to submit it 
to the people or refer it back to the 
legislature. There are certain facts 
in respect to this matter which I 
have taken into consideration, and 
while I am one of those who believe 
that in manj instances laws are in 
advance of the public .ludgment, and 
one of those who believe just so soon 
as a public judgment will execute 
law that there should be an inhibi- 
tory law throughout all the length 
and breadth of the land, but that the 
hurrying of an inhibitory law before 
the public judgment will execute it 
only tends to bring the law into 
disrepute and make disobedience of 
law. Now, sir, while I would not 



LOCAL OPTION 



327 



Wednesday] 



hurry this matter, while I would not 
force an inhibitory law on the people 
until the public judgment of the 
people would execute it and enforce 
it, I would just as. soon as that com- 
munity would do this thing permit 
them so to do. Now, does the leg- 
islature possess the power to submit 
or pass a law which embodies the 
sentiment contained in this resolu- 
tion without this being submitted as 
a separate proposition r I think my 
friend, the chairman of this comm t- 
tee (Mr. Philpott,) is mistaken in 
just one respect: the legislature 
may pass the law and say it shall 
not go into effect until it has re- 
ceived the approval of a majority 
vote of the people; and it is not that 
vote that gives vitality to the law, 
but that vote that puts it in opera- 
tion in that community. I conceive, 
sir, that that vote could not make a 
law, that the legislature might say 
that it should be inoperative in that 
community until it had rece ved the 
approval of a majority vote of the 
people. Now, sir, what is the dan- 
ger, :f any, of submitting this as a 
separate propositicn I conceive, 
sir, that there may be some danger 
of arraying a class of men interested 
in the support and upholding of this 
evil, there may be some danger to 
the constituticn itself by arraying 
this vote against it. 

Mr. PHILPOTT. Mr. President, I 
desire by permission to ask the gen- 
tleman from Otoe this question: If 
the constitution is wholly silent on 
the question of the inhibition of the 
sale of ardent spirits, can the leg- 
islature of the state empower the 



[August 16 



electors of a county by vote to in- 
hibit the sale? 

Mr. MASON. This is what I say: 
the legislature may pass just such a 
law as is embodied in the resolutions 
here reported, and they may say that 
it shall not take effect in any county 
until such county has, by a majority 
vote, invoked the power of that law. 
Were I in a legislative body now, I 
unhesitatingly say my voice would 
be heard in favor of some such law, 
and for the reason that I believe in 
many cities and towns the public 
good demands it.s" 

Now, sir, believing there is some 
danger, and believing there is abun- 
dant power in the legislature to reg- 
ulate this evil, I, for one, shall sup- 
port a motion, not in the language 
of that now pending, but in different 
language; because, sir, I wish this 
convention to give its moral sanc- 
tion and its legal approval to the 
ideas contained in this resolution. 
And unless it can be referred to them 
with some stamp and brand of char- 
acter upon it from the hands of this 
convention, I prefer, sir, to stand 
upon this floor and, to use the clas- 
sical language of my friend from 
Dodge (Mr. Gray), to "take the bull 
by the horns" and see if we cannot 
submit it from this body. If it can 

30. At that time it Avas thei duty of county 
commissioners and the proper municipal au- 
thorities to grant licenses as a matter of 
course when applications complied with the 
law. The Slocumb license law of 1881, how- 
ever, left the ultimate ciuestion of granting 
license wholly to the discretion of the license 
ooards. The act of Hrh-i modified this first 
local option laAv— the Slocumb act— by em- 
powering cities and villages to decide the 
question of license or no license by popular 
vote. This is the present (1912) status of 
the law. The proposition to extend this pop- 
ular local option to counties was the main, 
political issue in Nebraska in 1910. - Ed. 



MASON— PHILPOTT 



328 



LOCAL OPTION 



Wednesday] 



receive the stamp and brand of char- 
acter from this convention, I am con- 
tent to leave this evil with the leg- 
islature. 

One or two words in regard to 
something personal to myself. I 
have twice, sir, had occasion to re- 
gret, while upon this floor, the at- 
tempt to cast upon me a desire to 
attack, to speak very plain, the high 
school at Omaha. I refer to an ar- 
ticle in the Republican of Saturday 
last. Why, sir, when I wrote this 
report and put in the words "insane 
asylum," this was the only thought 
I had in my mind: that to take the 
money from the dram shop was like 
taking the clothes that the baby 
stripped had brought to the 
market, to educate my children. And 
for this reason I stated insane asy- 
lum instead of common school, and 
I had nothing else in my mind ex- 
cept the one prominent idea: to take 
this blood money, red with murder, 
wet with orphan's tears, and bought 
Avith widow's sighs, was to stamp the 
public character with wrong; and 
for that reason I stated [said] in- 
sane asylum. And I desire to say, 
now and here, that I would rather 
vote for this that is so like other 
license moneys, to the support of 
the school; and I only say this to 
repel those most unjust aspersions 
against my motives and intentions. 

Now, Mr. Chairman, I offer the 
following as a substitute for the res- 
olution under consideration. 

"Resolved, That the report and 
resolution of the special committee 
on the liquor traffic be, and the same 
is hereby referred to the first legis- 
lative meeting under this constitu- 
tion, and that they are respectfully 



[August 16 



requested to take the same into 
earnest and serious consideration 
and provide such legislation for the 
regulation or suppression of the evils 
complained of in the report as shall 
promote the public morals and ad- 
vance the best interests of society." 

Mr. ABBOTT. Mr. Chairman, I 
think I can safely accept the substi- 
tute for the original motion. All the 
laws we make must be written in 
the hearts of the people or they are 
so much waste paper. There must be 
the will in the people to enforce 
those lSL\/s, or they are no use. Now, 
for instance, in regard to capital 
punishment: It is said, if man sheds 
blood, by man shall his blood be 
shed. Now the law has been 
almost overridden and transformed. 
The gentleman remarked that the 
laws today are in advance of the 
moral sentiments of the community. 
I believe that; and I am, for one, 
willing to leave them there. And 
were I in a legislative body I would 
vote to keep them there. I believe 
the remedy is the educating of the 
people up to this standard. I do 
not believe in making laws that are 
not to be executed. We must edu- 
cate the people up to the subject. 

Mr. KIRKPATRICK. Gentlemen 
seem afraid of getting into bad favor 
with the people. I want to strip this 
whole subject of subterfuge. I say 
that the members of this convention 
came here to exercise the functions 
of the people in making a constitu- 
tional law; and they have the right 
to refer this question of the liquor 
traffic to the people. Let the peo- 
ple say whether they will inhibit 
the sale of intoxicating liquors or 
not. Now, what can the legislature 



MASON— ABBOTT 



LOCAL OPTION 



329 



Wednesday] 



do? It is conceded that if the leg- 
islature should pass a law and sub- 
mit it to the people that law would 
be unconstitutional. The legislature 
could not delegate its power to the 
people, it has been so decided. I 
take it for granted that the legis- 
lature will know just about as much 
about this question without this very 
respectful reference to them. This 
convention has no right to refer any 
such question to the legislature. 

I believe I know something in 
regard to the feelings of the people 
in reference to this question. If 
this proposition is submitted to the 
voters of Cass county there will be 
an overwhelming majority in favor 
of it. The temperance men are 
strong, active and bold — bold for the 
right. The drinKing customs have 
taken hold upon the very founda- 
tions of society, and they demand a 
reform, and demand the right to say 
whether this liquor traffic shall be 
planted in their faces. Gentlemen 
seem to be afraid of this question. 
They ask, "what effect will this Ixava 
upon the constitution?" It is not 
intended to go into the constitution, 
but simply to be submitted as a sep- 
arate proposition. 

Mr. ESTABROOK. I have just 
this morning received an invitation 
to address a temperance meeting in 
Omaha, and it might be well to re- 
hearse a little. It is my opinion that 
there is nothing that shows the polit- 
ical moral flabbiness, out of which 
politicians are made, to half the de- 
gree as does the liquor question. It 
is shown by the report made by the 
committee that liquor — the drinking 
and use of them, as a beverage, has 



[August 16 



cost more than the railroads of our 
country. 

It is shown, moreover, by the stat- 
utes [statistics? J connected with the 
criminal business of the land that it 
is the prolific source of nine-tenths 
of all the criminal business which 
comes before our tribunals; and yet 
gentlemen come up here and declare 
that we cannot consider this question, 
that we have not the moral or polit- 
ical power to arrest the evil in its 
progress, that you cannot shake it off, 
any more than Sindbad the sailor 
could shake off the Old Man of the 
Sea. Now, sir, I don't believe any 
such thing as that. I believe that 
living as we do where we can breathe 
the pure air which comes to us from 
the Rocky Mountains, we possess a 
moral fibre which is able to take the 
bull by the horns and vanquish him. 

Mr. ABBOTT. Will the gentleman 
from Douglas allow me to ask him 
a question? 

Mr. ESTABROOK. Yes, sir, as 
many as you please. 

Mr. ABBOTT. Did not Sindbad the 
Sailor get the Old Man of the Sea 
off his back by getting him drunk? 
(Laughter.) 

Mr. ESTABROOK. I don't know, 
I am sure, nor do I care. It seems to 
me it is strange that the strongest 
opposition to th