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GENEALOGY COL.L.ECTION

N27P,
V.13

Nebraska State Historical-
Society .

f-'ubl.ications of the nebraska
State Historical. Society

Digitized by the Internet Archive
in 2013

http://archive.org/details/publicationsofne1328nebr_0

JOHN LEE WEBSTEK.

PRESIDENT NEBRASKA CONSTITUTIONAL
CONVENTION OP 1875.

-lohii Ia'o Wt'bj^tor, lawyer, (Jiiialia, Nob., was bom March IS, 1847, in
Harrison (<jiiiity, Ohio: settled in Omaha in ^S^l'J and bo{>'an tlie piaetiee
of law; nieuiber of the Nebraska state legishiture fi'oni Douglas county
in 1873; president of Nebraska constitutional convention in 187r>; a re-
publican in politics and active in j»aity affaii's; elected ciiairnuni of tiie
state delegation to the ie))ublican luitioiuil convention whicii jioniinated
(.'(neial llanison foi- ]>resident and also ciniii'nian, of tiie state delegation
to tlie I'cpubhcan national convention in ISIMI; in 1!)<U a prominent
candidate hefoic tlie icpublican national convention for nomination as
\icci>i-esi(ienl of tlie Uin'ted States.

OFFICIAL REPORT

OF THE

Debates and Proceedings

IN THE

NEBRASKA CONSTITUTIONAL CONVENTION

ASSEMBLED IN LINCOLN, JUNE THIRTEENTH, 1871, CONCLUDED;
THE JOURNALS OP THE CONVENTION OP 1875; A HISTORY
OP THE ATTEMPT TO PORM A STATE ORGANIZATION IN
1860, OP THE ABORTIVE CONSTITUTIONAL CON-
VENTION OP 1864, OP THE FORMATION AND
ADOPTION OP THE CONSTITUTION OP 1866,
AND OP THE ORIGIN OP THE CONVEN-
TIONS OP 1871 AND 1875.

Published by the Nebraska State Historical Society pursuant to resolu-
tion of the Twenty-Ninth Session of the Nebraska
State Legislature.

VOLUME III

Revised and edited by

J ALBERT WATKINS

Historian Nebraska State Historical Society

Volume Thirteen, Nebraska State Historical Society Publications
(Series IL Volume VIII.)

1237393

NEBRASKA STATE HISTORICAL SOCIETY

EXECUTIVE BOARD

ELECTED MEMBERS.

President — John Lee Webster Omaha

1st Vice-President — Robert Harvey St. Paul

2nd Vice-President — Samuel C. Bassett Gibbon

Secretary — Clarence S. Paine .....Lincoln

Treasurer — Stephen L. Geisthardt Lincoln

Rt. Rev. J. Henry Tihen, D.D Lincoln

Hamilton B. Lowry Lincoln

George W. Hansen Fairbury

Frank L. Haller Omaha

Charles^ B. Letton Lincoln

Horace S. Wiggins.... Lincolij

EX-OFFICIO MEMBERS.

John H, Morehead - Governor of Nebraska

Samuel Avery Chancellor of University*of Nebraska

Charles W. Pool President of Nebraska State Press Ass'n.

Howard W. Caldwell Head of the Department of American

History, University of Nebraska.

Manoah B. Reese Chief Justice of the Supreme Court of Nebraska

Grant G. Martin Attorney General of Nebraska

(JFFICE STAFF

Clarence S. Paine Secretary

Albert Watkins - - Historian

Melvin R. Gilmore Curator of Museum

Minnie P. Knotts Librarian

EDITOR'S PREFACE

That an apology to the manes of most of the participants in the
debates of the convention of 18 71 and to the corporeal persons of the
few who still survive is due from those instrumental in publishing their
unrevised speeches is, I think, obtrusively obvious. After very tedi-
ous, and by no means triumphant wrestling with the imperfect manu-
script, I felt expectant of some such remark as this of Mr. Robinson's,
when the question arose at the close of the convention: '!! am confi-
dent that if the debates are published as they are written, no gentleman
in this convention will ever want to see that book, and will not want
his neighbors or friends to see it. It is not because the reporters have
not done their duty; I think they have done it very faithfully."

In the sharp discussion as to the propriety of permitting members
to revise their remarks for publication, which was decided in the affirm-
ative, it appears to have been conceded that if the constitution should
be rejected by the people it would not be worth while to publish the
debates. This inference of the members seems to explain and excuse
their neglect to revise their speeches; it does not, however, excuse the
obvious neglect by the secretary of his duty carefully to revise or edit
the stenographer's extended notes, inasmuch as they constituted an
official document to be preserved among the state's archives. Though,
according to the assurance of Mr. Robinson and Judge Wakeley, the
stenographers were faithful, they unfortunately lacked the training
and breadth of information requisite for their difficult task; hence
the frequent hit-or-miss and unintelligible quality of their work. In
these cases of unintelligibility I have of course, followed the manu-
script; but wherever proper words have been obviously omitted, or
misplaced by improper ones, I have supplied the right words in
brackets. In several cases members formally submitttd manuscripts
of their speeches in very illiterate form, in their own handwriting,
and in one instance with the signature of the speaker attached. With
the promise of Mr. William James to show if possible the practicability
of communication with departed spirits as yet unfulfilled, I was reluct-
antly compelled to "follow copy" and let the responsibility rest on those
who neglected their duty when it was possible to perform it.

The journals of the conventions of 18 71 .and 18 75 are the only
official records of constitution-making in Nebraska, successful or other-
wise, which were preserved. The publication of these records, and — in
this volume — of extraneous information about those conventions, or
the account of the attempt to have a convention in 18 60, of the abortive
convention of 18 64, and of the attempts, successful and unsuccessful,
to amend the present constitution, all based upon data derived from
miscellaneous sources, seems to fulfill the purpose of the act of the
legislature which provided the means for the enterprise.

ALBERT WATKINS.

NEBRASKA CONSTITUTIONAL
CONVENTION 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

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

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

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

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

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

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

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

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,.

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

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

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

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

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

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

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

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

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

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]

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

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.

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

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

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

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

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

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

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

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-

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

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

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

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-

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

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

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

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

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

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

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

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.

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

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

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

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-

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

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,

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-

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

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

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

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

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

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

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

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

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:

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-

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

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

[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

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

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

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

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

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

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-

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

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.

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

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.

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

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

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,—

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

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

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:

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 0 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«'

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:

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 0

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 0 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 0 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 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?

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.

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. -

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

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 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 0 0 and upwards,
Thayer only a population of less than
1,2 0 0. The census puts Thayer and
Jefferson together and gives them
2,400. Thayer has been made a
county since the census was taken. -5
Hall is the most populous county in
the district.

Mr. BOYD. Why not leave Thayer
county in district twelve?

Mr. HASCALL. District twelve
has ])opulation sufficient without .t.
Jefferson, Seward and Saline has a
population up to the ratio, whereas
the western district has not.

The motion to strike out was lost.

District sixteen was adoi)ted.

'iry. By the United States ocnsu.s of 1875 tho
population of Ifall county was l.On?, and
tiuit of Jcn'erson. 2,m. Tho creation of
Tliaycr county, ))y tlio division of JelTcrson,
was authorized by tho act of Mardi 1, 187],
and it was organized on tlie HOtli of October,
]S71.- Kd.

LEGISLATIVE APPOETIONMENT

313

Wednesday] TOWLE— WEAVER— NEWSOM—HASCALL— STEWART—

GRIGGS

Representative Districts.

The secretary read the first dis-
trict, as follows:

District number one shall con-
sist of the county of Richardson, and
be entitled to five members.

Mr. TOWLE. I will ask members
to mark a correction in the first line,
and say "four" instead of "five." It
is a mistake.

The PRESIDENT. The question is
upon the adoption of district num-
ber one.

Mr. WEAVER. I wish members
to allow me to explain the shape this
is in. If this "five" is stricken out in
Richardson county, great wrong will
be done. Le us calculate. Here, un-
der a population of 9,73 9, we get
one senator. We have a surplus of
37 9, more than twice the number
Pawnee has, and yet she has one
senator under this rule, ianjd the
same representation we had. But
that has passed by. How about the
house of representatives? To be sure
we have a very little less than three-
fifths of the ratio, but we have lost
almost enough for a senator. We
have 1,055 of a surplus on the rep-
resentation, besides losing 3,2 26 on
a senator. Yet gentlemen will con-
strue these figures, and do us the
injustice to strike us down to four
representatives, when they have
stricken us down so grievously in
the senatorial representation.

Mr. NEWiSOM. If we leave this
five we will have fifty-eight members.

Mr. WEAVER. Then I ask unan-
imous consent of the house to make
it fifty-eight.

[August 16

Mr. HASCALL. Will the gentle-
man from Richardson (Mr. Weaver)
let me make this suggestion.

Mr. WEAVER. Certainly.

Mr. HASCALL. Douglas and Otoe
counties can afford to give one rep-
resentative each. Douglas county
will be willing to give one represent-
ative, which would be given to the
northwest. Otoe county might give
on© to Richardson.

Mr. STEWART. Mr. President, I
am glad that some of these gentle-
men who live in the river counties
have got their eyes open on the dis-
trict business. Ever since I have
lived in Pawnee county we have been
without a representative in the sen-
ate. I am glad that these gentlemen
are getting their eyes open in re-
gard to this arrangement. I would
like to have some arrangement made
by which we can have a fair and
honest representation, but I am sor-
ry to say that the gentleman from
Richardson has never been able to
see it as I do.

Mr. GRIGGS. Mr. Chairman, I
would like to see this rule adhered to
less strictly. If we do not we will
insure the defeat of the constitution.
Take Johnson and Gage counties.
Johnson county has enough for two
representatives: she gets but one.
Gage county has within forty-seven,
and seventy-seven, respectively, of
having enough for one more repre-
sentative and one more senator,
whereas we have but one of each.
Now, as Richardson county has al-
ready four representatives, if Otoe
county is willing to give one away,
let her give it to Johnson county. If
Douglas county is going to be so just.

314

LEGISLATIVE APPORTIONMENT

Wednesday] HASCALL—WILSOX— WEAVER— STEVEXSOX— BALLARD— TOWLE [August 16

let her give her other representa-
tive to our county. If the rule had
been twenty-one and sixty-three, it
would have let in our county, and
Sarpy county also.

Mr. HASCALL. It is no fault of
ours that this three-fifths rule was
adopted. It is the fault of the gen-
tleman himself. The gentleman
must be bound by what he has here-
tofore done.

Mr. WILSON. I challenge the
gentleman to show who would have
suffered if the number of representa-
tion had been sixty-three and twen-
ty-one.

Mr. HASCALL. Butler county,
sir.

Mr. WEAVER. Th s nineteen and
fifty-seven rule was adopted under
the direction of certain gentlemen
whose counties would be accommo-
dated.

Mr. STEVENSON. Mr. Chairman,
what is the use of crying over spilled
milk? There was injustice worked
to some parts of the state by adopt-
ing this rule. So long as you have
this three-fifths rule there will be
some counties that it would cut off.
I don't care what number you have,
if you have this three-fifths rule,
there w ll be some counties dissatis-
fied. Now, so far as this rule is con-
cerned, I have no doubt but that it
suits some counties better than it
does some others. I, sir, for one,
voted against this rule every time.
I did not vote for fifty-seven and
nineteen, but, so long as a majority
of the members of this convention
did vote for it, I say let it go. The
majority saw fit to vote for fifty-
seven and nineteen, and I am willing

to let the matter rest. It would not
make a bit of difference if we had
had twenty-five and seventy-five,
there would have been some counties
which would not quite come up to
the number required for another rep-
resentative. Now nearly every coun-
ty in the state has a representative
here in this representative chamber.
I think it ;s a great deal better than
anything we have had heretofore.

Mr. BALLARD. Mr. Chairjnari,
"O wretched man that I am, who will
deliver me from the torture of this
death. (Laughter.)

Mr.. WILSON. Mr. Chairman, I
call the gentleman to order. He Is
not speaking to the question.
(Laughter.)

Mr. BALLARD. !\lr. Chairman,
my county has been torturea ana
tortured to death over this appor-
tionment. Now let us stick to this
rule.

Mr. TOWLE. Mr. Chairman, the
gentleman says that h s county has
been tortured to death over this ap-
portionment matter. I should think
that any county would be tortured by
having such a representative. (Laugh-
ter.) However much injustice it
may work to die county in which I
live, I am willing to live up to the
rule that has been adopted. I dO'
hope that this aiiportionment will be
confirniei by the committee of the
whole. If these large counties will
give u]) a portion of their represent-
so. 'I'lic dork, or some otlier critic of the re-
port of the (h^bates. tortured this fnmihar
passii{j:e from Romans, 7:20 by striking out
tlu' projx'r word, "body." and substituting tho
improper one. So tliat, Jiowever litt'e ti
facetious «entlen)an from Washington knvu
about (luestions apiH'rtaininfr to c()nsti(ution>
the manuscript indicates that liis knowlodu
of scripture was wrongfully impugned.— Kd.

LEGISLATIVE APPOETIONMENT 315

TOWLE [August 16

- ■ -

Wednesday]

ation we will be very glad. We do
not ask them to be generous — we do
not demand it as a right — but if
they will give from their excess all
right. I do hope that this will pass
through. Mr. Chairman, I now
move that distfict number one will
be adopted.

The CHAIRMAN. The question is
on the adoption of the first repre-
sentative district.

District number one was adopted.

The chairman read the next dis-
trict as follows:

District number two shall consist
of the county of Nemaha, and be en-
titled to three members.

District number two was adopted.

The chairman read the next dis-
trict as follows:

District number three shall consist
of the county of Otoe and be en-
titled to six members.

District number three was adopted.

The chairman read the next dis-
trict as follows:

District number four shall consist
of the county of Cass, and be entitled
to four members.

District number four was adopted.

The chairman read the next dis-
trict as follows:

District number five shall consist
of the county of Sarpy, and be en-
titled to one member.

District number five was adopted.

The chairman read the next dis-
trict as follows:

District number six shall consist
of the county of Douglas, and be en-
titled to nine members.

District number six was adopted.

The chairman read the next dis-
trict as follows:

District number seven shall con-
sist of the county of Washington,
and be entitled to two members.

District number seven was adopted.

The chairman read the next dis-
trict as follows:

District number eight shall con-
sist of the county of Burt, and be
entitled to one member.

District number eight was adopted.

The chairman read the next dis-
trict as follows:

District number nine shall con-
sist of the county of Dakota, and be
entitled to one member.

District number nine was adopted.

The ■ chairman read the next, as
follows:

District number ten shall consist
of the counties of Cedar, L'Eau Qui
Court, Antelope, Pierce and Wayne,
and be entitled to one member.

District number ten was adopted.

The chairman read the next, as
follows:

District number eleven shall con-
sist of the counties of Madison and
Stanton, and be entitled to one mem-
ber.

District number eleven was
adopted.

The chairman read the next, as
follows:

District number twelve shall con-
sist of the county of Cuming, and be
entitled to one member.

District number twelve was
adopted.

Si6

LEGISLATIVE APPORTIONMENT

Wednesday]

The chairman read the next, as
follows:

District number thirteen shall con-
sist of the county of Dodge, and be
entitled to two members.

District number thirteen was
adopted.

The chairman read the next as fol-
lows:

District number fourteen shall con-
sist of the county of Colfax, and be
entitled to one member.

District number fourteen was
adopted.

The chairman read the next, as
follows:

District number fifteen shall con-
sist of the county of Platte, and be
entitled to one member.

District number fifteen was
adopted.

The chairman read the next, as
follows:

District number sixteen shall con-
sist of the counties of Butler and
Polk, and be entitled to one mem-
ber.

District number sixteen was
adopted.

The chairman read the next, as
follows:

District number seventeen shall
consist of the counties of Merrick,
Howard, Sherman, Valley, Greeley
and Boone, and be entitled to one
member.

District number seventeen was
adopted.

The chairman read the next, as
follows:

Disrtict number eighteen shall con-
sist of the county of Hall, and be en-
titled to one member.

[August 1?

District number eighteen was
adopted.

The chairman read the next, as
follows:

District number nineteen shall con-
sist of the county of Pawnee, and be
entitled to two members.

District number nineteen was
adopted.

The chairman read the next, as
follows:

"District number twenty shall con-
sist of the county of Gage, and be
entitled to one member.

Mr. GRIGGS. I move to strike out
the word one and insert "two."

The motion was not agreed to.

District number twenty was
adopted.

The chairman read the next, as
follows:

District number twenty-one shail
consist of the county of Johnson, and
be entitled to one member.

Mr. WILSON. 1 move to strike
out the word one and insert two.

District number twenty-one was
adopted.

The chairman read the next, as
follows:

District number twenty-two shall
consist of the county of Lancaster,
and be entitled to two members.

District number twenty-two was
adopted.

The chairman read the next, as
follows:

District number twenty-three shall
consist of the county of Sauttders,
and be entitled to two members.

District number twenty-three was
adopted.

WILSON

LEGISLATIVE APPORTIONMENT 317

TOWLE— GRIGGS^PRIOE [August 10

Wednesday]

The chairman read the next, as
follows:

District number twenty-four shall
consist of the county of Seward, and
be entitled to one member.

District number twenty-four was
adopted.

The chairman read the next, as
follows:

District number twenty-five shall
consist of the county of Saline, and
be entitled to one member.

District number twenty-five was
adopted.

The chairman read the next, as
follows:

District number twenty-six shall
consist of the counties of Jefferson
and Thayer, and be entitled to one
member.

Mr. PRICE. I move to strike out
the word Thayer, so that Jefferson
county will stand as a district alone.
I ask the attention of the conven-
tion for a few minutes. I believe,
sir, that Jefferson county is entitled
to one representative alone. The
vote cast there this spring was 3,-
000; and, sir, I would like to strike
Nuckolls from district number twen-
ty-eight, so that Thayer county may
have counties added to it running
west. In this twenty-eighth district
there is one county running south.
I am not a resident of that county.

Mr. TOWLE. One word, Mr.
Chairman, upon that proposition. It
is simply that Jefferson county have
one representative, and Thayer
county be cut off and added to Nuck-
olls— a county that has only eight
inhabitants in it, and I believe Thayer
'has only 500, and they would not be

entitled to a representative. We
have done the very best we could
under the circumstances.

Mr. GRIGGS. Mr. Chairman, I
wish to say that Jefferson county is
entitled to one representative. She
has, as shown by the census, alone
2,441 inhabitants, almost enough un-
der the three-fifths rule for two
representatives. Now Jefferson coun-
ty is entitled to the benefit of this
three-fifths rule. She is shown as
having 2,400 population, and de-
mands a senator. It is not known
what the population of Thayer
county is.

Mr. PRICE. Mr. Chairman, as to
the population of those counties^ — ■
Jefferson has sufficient under the
three-fifths rule to give her a rep-
resentative. You attach York, Ham-
ilton, Clay, Fillmore and Nuckolls,
which have a population of 1,034,
while the census taken two years
ago shows Jefferson to have 2,441
inhabitants. I have a letter from
a county commissioner of Jefferson
county in which hie puts the popula-
tion of Thayer county at 2,500,^7
and if you put off the apportionment
until next Friday I will have docu-
ments, to show the population of those
counties.

District number twenty-six was
adopted.

The secretary read the next dis-
trict, as follows:

District number twenty-seven shall
consist of the county of Lincoln, and
be entitled to one member.

27. According to the first state census,
taken in 1874, three years later than the
time in question, the population of Thayer
county was only 1,781. In 1875 it was 2,139,
and in 1876, 2,410. (Nebraska Senate Journal,
1877, p. 880.)— Ed.

318

LEGISLATIVE APPOETIONMENT

Wednesday]

TOWLE-ESTABROOK-GEAY-SPEAGUE-GRIGGS-PRICE

[August 16

District number twenty-seven was
adopted.

The secretary read the next dis-
trict, as follows:

District number twenty-eight shall
consist of the counties of York, Ham-
ilton, Clay, Fillmore and Nuckolls,
and be entitled to one member.

District number twenty-eight was
adopted.

The secretary read the next dis-
trict, as follows:

District number twenty-nine shall
consist of the county of Dixon, and
be entitled to one member.

District number twenty-nine was
adopted.

The secretary read the next dis-
trict, as follows:

District number thirty shall con-
sist of the county of Kearney, and
all other counties and territory not
included in any other representative
district, and be entitled to one mem-
ber.

District
adopted.

number thirty was

Mr. TOWLE. Mr. Chairman, I
move the committee rise, report the
article back, and recommend its
adoption by the convention.

The motion was agreed to.

Mr. ESTABROOK. Mr. Presi-
dent, the committee have had under
consideration the article on legisla-
tive apportionment, have made sun-
dry amendments and instructed me
to report.

Mr. GRAY. Mr. President, I move
we take up the article in convention.

The motion was agreed to.

Mr. TOWLE. Mr. President, I
move we consider it as a whole.

The motion was agreed to.

Mr. SPRAGUE. Mr. President, I
move to amend district number five
by ma'king the word counties "coun-
ty," and striking out the words "and
Sarpy."

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

Mr. GRIGGS. I do not presume
that anything that could be said
would change this. I see the tide
has set in and is carrying everything
with it. But I might want to enter
my protest; and those who have
urged this thing are working against
the western country. I shall remem-
ber them.

Mr. PRICE. So will I.

The convention divided and the
section was adopted.

Mr. GRAY. Mr. President, I move
that the rules be suspended, the
[reading of the] bill be waived and
the article put upon its third read-
ing and passage.

The motion was agreed to.

The PRESIDENT. This is the
passage of the bill. As many as are
in favor will, as your names are
called, answer aye. Those opi)osed
no.

The secretary called the roll.

LOCAL OPTION

319

Wednesday]

ABBOTT— STEWART

[August 16

The president announced the re-
sult, ayes 29, nays 11, as follows:

YEAS.

Abbott,

Philpott,

Ballard,

Robinson,

Boyd,

Stevenson,

Campbell,

Stewart,

Eaton,

Scofield,

Gibbs,

Speice,

Granger,

Shaft,

Gray,

Thomas,

Hascall,

Thummel,

Kenaston,

1 isdel,

Kirkpatrick,

Towle,

Lyon,

Wakeley,

Majors,

Weaver,

Myers,

Woolworth. — 2

Newsom,

"NT A VQ

Griggs,

Reynolds,

Kilburn,

Price,

Mason,

Sprague,

Moore,

Vifquain,

Neligh,

Wilson. — 11.

Parchen,

ABSENT

OR NOT VOTING.

Cassell,

Ley,

Curtis,

McCann,

Estabrook,

Manderson,

Grenell,

Maxwell,

Hinman,

Parker,

Lake,

Mr. President.—

-12

So the article passed and was re-
ferred to the committee on revision
and adjustment.

COMMITTEE OF THE WHOLE.

Article on Temperance.

The PRESIDENT. I have the re-
port of the special committee on
temperance. Shall we go into com-
mittee of the whole upon this sub-
ject?

"Agreed! Agreed!"

So the convention went into com-
mittee of the whole, Mr. Griggs in
the chair, for the consideration of

the report of the committee on tem-
perance.

Mr. ABBOTT. I move the com-
mittee do now rise and report the
article back to the convention, with
the recommendation that it lay [lie]
on the table.

Mr. STEWART. I think this is
one of the most important questions
that has, or can, come before us. I
have a speech w^ritten upon this sub-
ject, which I ask permission to hand
to the reporters.

"Leave! Leave!"

Mr. STEWART. [Address] hand-
ed to the reporters according to
agreement.

Mr. Chairman, I look upon the
question now under consideration as
the most important of any that has
ever been before this Convention. The
question of prohibition has for years
been one of vast concern to the best
men of Our Nation, and is one of
vast moment to the people of Nebras-
ka at this time. It is a notorious
fact that intemperance today Stalks
abroad in high places, as well as in
the Middle and lower walks of life.
Not less thon One IVTillion of Souls are
annually sent prematurely to a
Drunkard's grave and thousands or
widows and orphans are left buffeting
on the mercies of an unfeeling world.
Today the influence of intemperance
is felt in every department of the
Government. Elections are controled
by the chartered Saloons of large
Cities, Conventions run under high
pressure of the ardent, freely im-
bibed by its members. State poli-
tics are controlled by the whiskey
element in a .great measure. The
party Caucus is held and the slate

320

LOCAL OPTION

Wednesday]

of State made up in some room at tlie
hotel where the bottle passes freely
and the mind is more influenced by
whiskey than patriotism. I know
leading men in this State, Men of fine
ability and learning, men of fine feel-
ing and large heart, men that should
be useful and shining lights to guide
the young and rising generation in
the paths of virtue, temperance and
happiness yet alas! the Demon drink
has marked them for his victim.

They will walk up deliberately and
unblushingly to the bar of a wbisKey
shop and gulp down before the
youth of this land. Death and Damna-
tion without compunction. I see in
the sparkle of the eye, the blossom
on the nose, the bloated visage, and
offensive breath, a certain and sure
indication of a premature death liu'I
a Drunkard's Grave. I saw in this Hall
the powerful influence that whiskey
has over the politics of this Country.
A proposition was before the Legis-
lature two years ago, providing that
no license should be granted without
the consent of a majority in the town
or precinct, when a german arose in
his place and said, that if the propo-
sition was carried, all the Germans
would vote the Democratic Ticket.
And then, oh shame to say, gentle-
men on the floor, Christian Gentle-
men, honorable Gentlemen, and Tem-
perance Gentlemen, swallowed hon-
or, Christianity, virtue, and Temper-
ance for sake of party power, and
voted against the proposition. I
now say, as I did then, if there "s
no higher principles in the Republi-
can Party to hold them together, or
if its perpetuity depends on its sup-
port of these Hell Holes of Satan, the

[August 16

Whiskey shop, let ner slide, the soon-
er, the better. It is the Craven dis-
position of both part es that has so
long supported this crying evil. The
fear of loosing power and office. I
think it is time that the good, the
virtuous, the temperate, the honest,
the just and wise, of all parties were
arising as one man, and with clie
power of right, present a Solid Phal-
anx to the enemy, and say, so far hath
thou gone, but no further shalt thou
go. But the opponents of Temper-
ance say you have no right to inter-
fere with our affairs. You have no
right to make laws to interfere with
the trade of Whiskey, no Right! Hav6
we no right to stay the hand of an
assassin when we see it lifted to
strike our Brother . No Right to
protect the lives and property of our
neighbors and friends? Have we no
right to close these dens of Satan and
arrest the destruction of the Millions
cf Poor inebriates? Have we no right
to prevent ^lisery, degredation and
the death of thousands of the youths
of this land? I know we have, and
justice demands it. Do not thcusands
of the widows and orphans of this
land cry aloud on behalf of Drunk-
ards Avives and Children, and say
arrest the downward road of the
Husband and Father, before it is too
late? Does not self-preservation de-
mand the removal of this evil from
our midst? Does not justuo to our-
selves and children require the arrest
of this destroyer? Does not the finan-
cial condit on of the nation require
the suppression of tnis evil? There
is money enough expended for liquor
every year in the U. S. alone to
pay one fifth of the National Debt,

STEWART

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STEWART

[August 16

principal and interest. Not only this
but it would save millions of dollars
annually for the suppression of
crime. It is a fact which none can
successfully deny, that the use of
Alcoholic Liquors is the cause of more
than one half of the crimes that are
committed in this country. I know a
young man of a most peaceful dis-
position when sober, but while drunk
not more than three weeks ago act-
uated by the Demon whiskey, entered
a Livery Stable and assaulted a man
with whom he was on the best ol
terms, and injured him so severely
that he died in two days. This young
man together wit hanother who was
present and drunk, are now lying in
the county Jail awaiting his trial for
murder. Now, I say whiskey is re-
sponsible for the Death of the man —
the enormous expense of the County
and the ruin of two young men of
promise. I need not repeat these
cases for every Gentleman present is
familiar with msLuy Scenes like thes',-.
We all know that where saloons are
common that poverty crime and mis-
ery Stalk abroad. Instead of provid-
ing for their families, the husbands
and fathers spend their time and
means at the Grocery, or in carousal
with kindred Spirits. The following
conveys the idea of the many of like
Scenes of misery constantly occurring
in our midst. It is the New Year and
many welcomed in the year with
Wine and Song who had wreathed
about its young temples the garland
which dissipation loves to twine,
and send it, as it were reeling on
its way toward the future, but
who will watch it departing for-
ever laden with ardent hopes and

h;gh resolve, and worse still with
unfulfilled purposes. When the

keen blast of that

Years

night howled around yonder
dwelling in the outskirts of the City,
a pale wan woman might have been
j seen sitting, "plying her needle and
j thread," and as she pondered on
j the New Year just entered upon its
I existence, she looked forward to its
months with no hope, and reverted
to the past with no pleasure. The
past! What had it written on the
page to cheer her? He to whom her
young vows were given — who had
promised to love and cherish her —
had all but deserted her and buried
feeling and affection in the intoxi-
cating cup. One by one every slen-
der thread of comfort had snapped,
and with them some fine heart strings
had cracked too. Earth to her ap-
peared but a long dreary desert over
which a miserable caravan was pass-
ing, from which each after the other,
the wretched pilgrims turned away
and died, far from the refreshing
fountain for which they pined. And
the partner of that loved woman was
away bidding farewell to the old
year and welcome to the New with
the poisonous cup and the thought-
less toast, forgetting that every mo-
ment which floated by, bore its record
with it. That midnight scene might
have been in the mind of the writer
who in portraying such sorrows says:
"Within a chamber dull and dim, a
pale, wan Woman waits in vain
througli the long anxious hours for
him away. In want and wasting pain
a babe upon her knee is pining. Its
v/inning smiles all scared away, she
almost hopes the suns next ray may

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STEWART— BALLARD— ESTABROOK

[August 16

on its calm cold 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

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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

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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

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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'.

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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

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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

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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

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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 the temperance move-
ment should come from our foreign
born population. They are the most
difficult to restrain within a reason-
able limit in this regard.

Mr. WILSON. The reason of this
is that there is less hypocrisy among
them than there is among the Amer-
icans. (Laughter.)

ESTABROOK— ABBOTT— WILSON

330

LOCAL OPTION

Wednesday]

Mr. ESTABROOK. Well, I don't
know about that, but I do know that
they are continually breaking out in
remonstrance against the prohibi-
tion of liquor selling. Now, if I had
my own way, I would have this prop-
osition go to the people and let them
say aye or no, as suited them best —
the~question is, simply, whether you
are afraid to trust the people or not.
This is a matter which affects more
people than any other subject which
has come before this body. Look at
the influences which grow out of the
grog shops in the city of Omaha
alone! Why, gentlemen, you can
hardly take up one of the papers
which comes from the small city
of Omaha, containing a population
of fifteen or sixteen thousand
people, which does not contain
an account of some murder or
other crime growing directly out of
the sale of liquor in that city; and
yet you tell me there is no power
by which we can prevent this. I am
in favor of placing the strong hand
of the law upon this unrestrained
sale of intoxicating liquors. At the
same time, I would not want to en-
croach upon any of the rights of our
foreign born citizens. . This traffic in
poisonous liquors is taking down to
dishonored graves more of the intel-
lect of this age than all other in-
fluences combined. Now, are we
afraid to take this monster evil by
the horns and subdue it?

I propose, so far as my vote goes,
that this proposition shall be sub-
mitted to the people.

Mr. WAKKLEY. Mr. Chairman,
I have but little to say upon this
sub.iect. I don't propose to (ascuss
the policy or impolicy of a prohibi-

[August 16

tory liquor law. My opinion as to
that matter is, I suppose, of no con-
sequence to any one but myself. I
have not deemed it wise or expedient
to adopt and attempt to enforce the
doctrine of total prohibition. Now,
sir, the question is upon submitting
this article to the people of the state.
I thought at first that this proposi-
tion should properly be brought up
before the legislature; but upon a
fuller examination of the matter I
would say that there is great doubt
as to whether the legislature, without
a constitutional provision to that ef-
fect, could leave it with the majority
of the voters of each city, town or
precinct to say whether they shall
allow a liquor license or not. I re-
member a long time ago it was de-
cided in the supreme court of the
state of Pennsylvania that legislation
of this kind was not constitutional
without some provision in the funda-
mental law authorizing it. There-
fore, I would say that I don't believe
the legislature could enact a law to
be enforced in one county and not in
another without some provision in
this constitution. It is unconstitution-
al for the legislature to provide for
the passage of a law which would
prohibit the sale of liquor in a cer-
tain county although the sentiment
of the county may be overwhelming-
ly in favor of such prohibition. I am
sure the gentlemen have overlooked
this fact. Now, sir, suppose we make
no constitutional provision on the
subject and the next legislature
should pass a prohibitory law mak-
ing it illegal to sell liquor in the
state. I suppose no gentleman will
say that the legislature have not
such a power. 1 am willing

ESTABROOK— WAEELEY

LOCAL OPTION

331

Wednesday]

HASOALL— STEVENSON— MASON— TOWLE— KIRKPATRIOK—
GRIGGS— WOOLWORTH— WEAVER— REYNOLDS— CAMPBELL

[August 16

to submit it to a vote of the
people; and if a majority of the
people of this iState think it is best
to leave it where this article leaves
it, to a majority of the voters of the
county, I see no reason why we should
not allow an opportunity of saying so.
I see no reason why we should not
apply the same policy in this as in
other cases. Now, sir, if I was asked
today to vote my sentiments on a
prohibitory law, I would not vote for
it. I don't know that I would vote
for this article at the polls, but I do
think it is our duty to submit it to
the people. It is important that the
people should say what the law shall
be, whether they will give the legis-
lature power to prohibit it or not. I
will vote for its submission.

Mr. HASCALL. Mr. Chairman, I
wish, to say but one word, I think the
proposition is that it shall not take
effect by the vote of the people, but
if adopted, the legislature may pass
a law applicable to the whole state
and then provide for the suspension
of that law where a majority of the
county may desire it.

Mr. STEVENSON. I move that we
now rise, report progress and ask
leave to sit again.

The motion was not agreed to.

The CHAIRMAN. The question is
on the resolution of the gentleman
from Otoe —

Mr. MASON. Mr. Chairman, I will
withdraw that.

Mr. TOWLE. Mr. Chairman, I
will renew the resolution.

The AIRMAN. The question is
on the adoption of the resolution.

The committee divided, and the
resolution was not adopted.

Mr. KIRKPATRICK. I move that
the committee now rise, report prog-
ress and ask leave to sit again.

The motion was agreed to.

Mr. GRIGGS. Mr. President, the
committee of the whole have had
under consideration the report of the
special committee on temperance and
have instructed me to report progress
and ask leave to sit again.

Mr. WOOLAVORTH. Mr. President,
I would like to have the committee on
revision excused this afternoon with
the understanding that they be called
when a vote is to be taken.

Mr. WEAVER. Mr. President, I
move we adjourn.

The motion was agreed to.

So the convention (at twelve o'clock
and thirty minutes) adjourned.

Afternoon Session.

Convention met at two o'clock and
was called to order by the president.

Report From Engrossment Commit-
tee.

Mr. REYNOLDS. Mr. President,
your committee on engrossment have
examined the article on revenue and
finance and the article on the rights
of suffrage, and direct me to report
that they find the same correctly en-
grossed.

Kesolutions.

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

The secretary read the resolution
as follows:

Resolved, That the president of
this convention appoint a committee
of seven to prepare an address to the
people, showing what changes have
been made in the constitutional law
of Nebraska, and setting forth the

332

EIGHTS OF SUFFEAGE

reasons why such changes have been
made.

The resolution was adopted.

Rights of Suffrage.

The PRESIDENT. Gentlemen,
the question is upon the article of
right of suffrage. It :'s on its third
reading and passage. Mr. Secretary,
read.

The secretary read, 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 re-
sided 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 j
the subject of naturalization. |

Sec. 2. No person under guardian- j
ship, non compos mentis or insane,
shall be qualified to vote, nor shall
any person convicted of treason or
felony unless restored to civil rights.

Sec. 3. No elector shall be deemed
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.

Sec. 4. No soldier, seaman or ma-
rine in the army or navy of the Uni-
ted States shall be deemed a resident
of this state in consequence of being
stationed therein.

Sec. T). Electors snail in all cases,
except treason, felony or breach of
the peace, be privileged from arrest
during their attendance at elections,
and going to and retarning 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.

Sec. G. All votes shall be by ballot.

Sec. 7. Unirorm laws throughout
the state shall be made to ascertain

by proper proof what citizens are en-
titled to the rights of suffrage.

The PRESIDENT. This is the
third reading of the article. Ihe
question is upon its passage. A.s
many as are in favor will, as their
names are called, answer aye, those
opposed, no. Mr. Secretary, call the
roll.

The secretary called the roll.
The president announced the re-
sult, ayes 32, nays 12, as follows:
YEAS.

Abbott. Reynolds,
Ballard, Stevenson,
Campbell, Stewart,
Eaton, Sprague,
Gibbs. Scofield,
Granger, Speice,
Gray, Shaff,
Griggs, Thomas,
Kenaston, Thummel,
Kilburn, Tisdel,
Majors, Towle,
Mason, Vifquain,
Moore, Wakeley,
Myers, Weaver,
McCann, Wilson,
Newsom, Wool worth.— 32.

NAYS.

Boyd. Lyon,

Cassell, Manderson,

Estabrook, Neligh,

Hascall, Philpott,

Kirkpatrick, Price,

Lake, Robinson. — 12.

ABSENT OR NOT VOTING.
Curtis, Maxwell,
Grenell, I'archen,
H in man, Parker,
Ley, Mr. President. — 8.

So the article passed and was re-
ferred to the committee on revision
and adjustment.

The PRESIDENT. The question
now recurs upon this school article.
I will say that this article is prop-
erly in the hands of the committee
on engrossment, but it is in the

COMPULSOEY EDUCATION— LICENSES, FINES 333

dnesday] ESTABEOOK— GRAY [August 16

hands of the committee of the whole
for the purpose of considering one
section. If there are no objections
made, the rules will he suspended
and the section he taken up by the
convention.

No objection being made the secre-
tary read the section, as follows:

The legislature may require by law
that every child of sufficient mental
and physical ability, between the
ages of eight and sixteen years, un-
less educated Ijy other means, shall
in all cases when practicable attend
a public school, supported by the
common school fund for some defi-
jiite length of time each year to be
fixed by law, and may establish a
school or schools for the safe keep-
ing, education, employment and re-
formation of all children under the
age of sixteen, who are destitute of
proper parental care or who are
growing up in mendicancy, igno-
rance, idleness or vice which schools
shall constitute a part of the system
of common schools.

The PRESIDENT. That proposi-
tion is to be submitted (separately.
The secretary will now read the one
which is to be embodied in the con-
stitution.

The secretary read, as follows:

All fines, penalties, and license
moneys arising under the general
laws of the state shall belong, and
be paid over to the counties respect-
ively where the same may be levied
or imposed; and all fines, penalties,
and license moneys arising under the
rules, by-laws or ordinances of cities,
villages, towns, precincts or other
municipal subdivisions less than a
county, shall belong, and be paid
over to the cities, villages, towns,
precincts or other subdivisions less
than a county, respectively. The
fines, penalties and license moneys
in the section specified, shall be ap-
propriated exclusively to the use and
support of common schools in the

respective subdivisions where the
same may accrue, and the purchase
of suitable libraries and apparatus
therefor.

Mr. ESTABROOK. This propo-
sition provides that ail fines, penal-
ties, and licenses arising under the
general law shall go into the county
treasury where these licenses, fines,
and penalties are imposed. Those
ar sing under the city laws shall go
into the city treasury to be put into
the school funds.

The PRESIDENT. The question
is on the adoption of the proposition
last read to be incorporated in the
article on education, school funds
and lands. The convention divided
and the section was adopted.

The PRESIDENT. The question
is upon suspending the rules and,
as it is properly engrossed, referring
it to the committee on revision and
adjustment.

The section was so referred.

Mr. GRAY. Mr. President, I
think I must have been absent at the
time when this section was acted
upon. Certainly it never was acted
upon in the standing committee
when I was present. There is cer-
tainly something defective in it. The
license moneys, fines, etc., paid into
the city treasuries is to be used for
buying suitable apparatus, libraries,
etc., for the schools. Let me tell
you, Mr. President, that the license
moneys [and] fines arising from the
city of Omaha, for instance, will buy
the schools ten times as much ma-
terial of this kind as they will want.
At the town of Fremont, where I
live, we have built a school house
costing $17,000, and paid for it out
of the moneys arising from licenses

334 LICENSES AND FINES FOR SCHOOL FUNDS

Wednesday] ROBINSON-GRAY— PHILPOTT— CAMPBELL— LAKE [Augu

and fines raised in the town of Fre-
mont. How; could we have built
that house if we had been compelled
to devote these funds to the pur-
poses indicated in the section?

It ought to provide that the funds
raised from licenses and fines should
be used in the particular school dis-
trict where it is paid in, so that no
injust'ce will be done. But so far
as the money being used for the
purchasing of suitable apparatus, I
know that is not right. There is too
large a sum to be limited down in
this way. I do hope this particular
section will not pass.

Mr. ROBINSON. .Air. President,
I hope that thig section will not
pass at all. The gentleman from
Dodge (Mr. Gray), I see, desires
that all th s money should go into
the school fund. I think that the
city of Omaha, or any other city,
may api)ro])riute this money where
they choose. I hold that it should
be applied for city purposes. 1 think
here in Lincoln, where our revenue
is not very large, it would be a
matter of economy to use this to
])ay the expenses of the city gov-
ernment and not have to levy a tax
for that purpose.

Mr. GRAY. :\lr. President, I see,
on further examination of the sec-
t'on, that it ought to l)e applied Tor
that one i)urpose. i will support tlu^
article as i( is.

Mr. PHILPOTT. I move a recon-
sideration of the motion by whicli
Tlie soctiou was ordered engrossed.

Mr. C.\M PHl^:r.L. Mr. President,
1 am opi)(JS(;d to tliat. I tliink when
tlie people^ of l.iucolu ]iav(^ 1 (>\-
perience ol" older t :)\viis, tiiey will]

ist 16

see that this money is appropriated
just where it ought to be.

Mr. ROBINSON. It may suit the
older cities, but it don't suit us.
I think this ought to go, under the
act creating cities of the second class,
to the support of the expenses of
the city. I see no reason for insert-
ing this in the constitution.

The PRESIDENT. The gentle-
man from Lancaster will have to
amend his. motion so as to recon-
sider the motion by which the rules
were suspended and this section put
upon its passage.

Mr. PHILPOTT. I will so amend
my motion.

Mr. LAKE. :\Ir. President, I
hope we shall not reverse the action
of the house as taken in this matter.
I believe, in practice, it will be far
better that these fines and licenses
go to the school fund. :\ly experience
has taught me that it is far better
that the expenses necessary to run
a city government, or any municipal
government, should be borne by the
people through the medium of taxes
assessed on the ])e()ple, that they
may know what money they are
paying for the running of tlie city
cr municii)al government and where
it conu'S from. Now, if moneys are
rais(Ml from the source contemplated
in this sectiou, to wit, from fines
aud licenses, the people generally
iiay but very little attention to them,
aud it is very usual for the whole
amount thereof to be exhausted and
th(^ peoph^ g(>t no benefit therefroui.
That has been our experienc(^ when
tlu» same course was i)ursued cou-
t(>mi)la(ed l).v tlu^ gentbMuan from
Lan('ast(M- (Mr. Uobinson). Now,

LICENSES AND FINES FOR SCHOOL FUNDS 335

Vv'ednesday] LAKE— MASON [August 16

sir, the more directly and positively
the people bear the burdens of the
city government the more economi-
cally it will be conducted, more care
will be observed by each individual
taxpayer as to how the money is
expended, but you create a large
fund, as may be created occasionally
in cities and towns from fines and
licenses, throw it into the general
treasury to be expended as the city
council may through their various
schemes devise, it will be squander-
ed, it is lost, used up in this enter-
prise. That is what my experience
teaches me in resi)ect to these mat-
ters. Now, sir, it has been the law
of the state from an early period of
its history, that these fines and 1-
censes should go into the school
fund; they have been so appro-
priated generally, except when they
were used in violation of law. They
were used up in violation of law in
several towns and cities of the state
while we were a territory, and in
some of them since we became a
state — in violafon, I say, of law,
because at that time we had upon our
statute book [a law] which required
that those fines and licenses should
go into~ the school fund. Notwith-
standing this law they were thrown
into the general treasury and used
up and no benefit really done the
people in consequence of it. Now,
sir, I am told by the gentleman from
Lancaster that in the organization of
cities of the second class it is pro-
vided these funds sliall go into the
general treasury. If that be so, I am
very sorry for it. I believe expe-
rience has taught that burdens of the
city government ought to be borne
by a direct tax; then every individual

taxpayer has the whole subject mat-
ter of the city government called to
his mind. When he pays his tax
he makes enquiry as to what has
been done w'tli the money the year
past, and what will probably be done
with the money he is about to pay
into the city treasury. Let this go
to a good purpose, a beneficial pur-
pose, one which the whole body of
the people will say is beneficial.
One certainly cannot be devised that
is more beneficial to the people than
that of education. They go into the
I school fund to purchase libraries, and
build school houses for the education
of the children. These objects cer-
tainly are commendable, there can be
no doubt about it. If you leave it
to irresponsible city councils to dis
pose of the money, there is no know-
ing what will become of it. There
may be exceptions. If there are, I
am glad they are not as corrupt as a
particular place I have in my mind.

Mr. MASON. Mr. President, the
only question 'n this section is
whether we, as a constitutional con-
vention, say the authority delegated
to a city for levying a fine for driving
faster than a walk over certain
bridges, whether that fine shall go to
the scliool fund or repair the damage
caused by the fast drive over the
bridge. I would so amend this article
as to leave the fines and penalties
levied for violation of a city ordi-
nance in the hands of the respective
cities, to do just as they please with
them, and for the fines and penalties
arising for a violation of the general
laws, I would put them in the county
treasury. To whom do they right-
fully belong? to the city alone or
the whole county? For a violation of

336

LEGISLATIVE APPORTIONMENT

Wednesday]

MASON

[August 16

city ordinances the city should do |
with them just as they please, and i
never upon this floor have I held any !
other doctrine. And if, as is claimed,
the city of Omaha appropriates any-
thing to the high scliool, except fines :
arising from the violation of her^ or-
dinances, she ought to have the
right so to do. And every other
c ty ought to have the right to put
the fines for the violation of her
ordinances where she pleases. Why,
there is a general law against as-
sault and battery, and the city coun-
cil enact an ordinance against it and
then proceed under the ordinance.
And thereby it deprives the school
fund of the county of that money
which it ought to have from that
source. Now, to accomplish this ob-
ject and levy the fines, forfeitures
and penalties accruing — to do that j
they do just as they seem good. I
hope the motion to reconsider will
prevail, and that whatever rule we |
establish, if we give the fines, pen- j
alties, and licenses to the counties —
I do not know about this word li- \
censes. That does not suit mo, exactly,
because I want to leave the fines at j
the disposal of the state; but I do not
want money arising from licenses to
go to the school fund. In respect
to the city ordinances, 1 do not think
we ought to say anything, but leave
that exclusively with the police regu-
lations; and I do not know but I
shoiild favor ])ayin.^' Iho i'lnva arising
from the sale of iul (;xicating liquors
ill tlie particuhir iti u iii cipal ity whore
Thoy were levied. I I'ogrot (his has
assumed this condition, because il
has gone b(>yond my power to amend,
so as lo put liio fines and penalties
in violation of the state laws into

the county treasury; so as to put the
license moneys into the particular
municipality which levied them; and
so as to leave the money aris ng from
the violation of ordinances with the
city to do as they please.

The ayes and nays being demanded
the secretary proceeded to call the
roll.

The president announced the re-
sult, ayes 16, nays 2 6, as follows:

YEAS.
Ballard, Price,
Cassell, Robinson,
Eaton,
Majors,
Mason,
Moore,
Newsom,
Philpott,

NAYS.

Abbott, Manderson,
Boyd,
Campbell,
Estabrook,
Gibbs,
Granger,
Gray,
Grigg?,
Hascall,
Kenaston,
Lake,
Lyon,
Kilburn,

Thomas,

Tisdel,

Towle,

AMfquain,

Weaver,

Wilson. — 16.

Myers,

Neligh,

Reynolds,

Stevenson,

Stewart,

Sprague,

Scofield,

Speice,

ShalT,

Wakeley,

Tliummel,

Wool worth. — 2 1

ABSENT OR NOT VOTING.
Curtis, McCann,
Grenell, Maxwell,
Ilinnian, Parchen,
Kirkpatrick, Parker,
Ley, ^Ii'- President. — 10

So tlu^ motion to n^-onsidor was
not agreed to.

The PRESIDIONT. Tlu^ (luostinu
is uiion (ho a:lop(i()n of (ho section.

Th(^ av(>s and nays b(Mng d<Mnandod,
(ho so('i(^(ary calhMl tlu^ vcU.

Tlio prosid(Mi( announced the re-
sult, ayes 38, nays as follows:

COMPULSOEY EDUCATION

337

Wednesday] THOMAS— ROBINSON [August lO

YEAS.
Abbott, Moore,
Ballard, Myers,
Boyd, McCann,
Campbell, Nellgh,
Cassell, Newsom,
Eaton, Philpott,
Estabrook, Price,
Gibbs, Reynolds,
Granger, Stevenson,
Gray, Stewart,
Griggs, Sprague,
Hascall, Scofield,
Kenaston, Speice,
Kilburn, Shaff,
Kirkpatrick, Thummel,
Lake, Vifquain,
Lyon, Wakeley,
Majors, Weaver,
Manderson, Woolworth. — 3 8.

NAYS.
Robinson Towle,
Thomas, Wilson. — 5.

Tisdel,

ABSENT OR NOT VOTING.
Curtis, Maxwell,
Grenell, Parchen,
Hinman, Parker,
Ley, Mr. President. — 9.

Mason,

So the section was adopted.

The PRESIDENT. The independ-
ent section comes before the conven-
tion now. The question will be up-
on its passage, and reference to the
committee on schedule to be isubmit-
ted as a separate article.

The PRESIDENT. The question
is upon the adoption of the article
on compulsory education, as an in-
dependent article.

The ayes and nays were ordered
and resulted, yeas 34, nays 10, as fol-
lows:

YEAS.
Abbott, Gray,
Boyd, . Griggs,
Cassell, Hascall,
Estabrook, Kenaston,
Gibbs, Kilburn,
Granger. Kirkpatrick,

Lake,

Lyon,

Majors,

Manderson,

Moore,

McCann,

Neligh,

Parchen,

Philpott,

Price,

Robinson,

Stewart,

Scofield,

Speice,

Shaff,

Thomas,

Thummel,

Tisdel,

Towle,

Vifquain,

Wakeley,

Weaver. — 34,

NAYS.

Reynolds,
Sprague,
Stevenson,
Wilson,

Woolworth. — 10.

Ballard,
Campbell,
Eaton,
Myers,
Newsom,

ABSENT OR NOT VOTING.
Curtis, Mason;
Grenell, Maxwell,
Hinman, Parker,
Ley, Mr. President. — S.

So the article was adopted.

The PRESIDENT. The question
is upon referring it to the committee
on schedule.

It was so referred.

Mr. THOMAS. I move to suspend
the rule and reconsider the vote up-
on which the article on counties was
adopted. I think the proviso should
be stricken out.

The PRESIDENT. The question
is upon suspending the rules in order
to reconsider the vote by which the
article on count es was ordered en-
grossed.

Mr. ROBINSON. Mr. President.^'l
am in favor of reconsidering the ar-
ticle, or at least the section which
provides that when a county seat is
moved it shall be in a direct line
towards the center of the county and
not less than ten miles, and I under-
take to say that by the adoption of
the section which provides a maxi'
mum of fees for county officers the

338 LOCATION OF COUNTY SEATS

Wednesdaj^]

State will save a hundred thousand
dollars a year.

Mr. TOWLE. Mr. President, I
hope the motion to reconsider the
vote will not prevail. There are a
great many things in the constitution
which individual members are op-
posed to. If this matter of reconsid-
eration is brought up and allowed, it
will open up the whole thing, and we
will have to fight our battles over
again. I believe, Mr. President, if
you commence this business of recon-
sideration, it will take us a month,
at least, to-get through. The gentle-
man from Nemaha (Mr. Thomas)
says he wishes to strike out the pro-
viso. Now, I say that that proviso
should remain in the way wc
have it. Now it is fixed in the article,
and I hope this convention will not
disturb it. Who has, for a moment,
denied the power of the legislature
to regulate these fee bills as the exi-
gencies of the times demand? I am
opposed to reconsideration.

Mr. MASON. Mr. President, I am
in favor of this motion to recon-
sider, for the ])urpose of getting in
that portion which was stricken out,
in regard to the fees of certain of-
ficers.

Mr. THOMAS. 1 will state, Mr.
President, there are two reasons why
this article shouid be reconsidered.
Any person who will carefully exam-
ine the article will see that it con-
tains a mere trick that will suit two
or three county seats. 1 will again
call [the] attention of the conven-
tion to the reading of this section.

Sec. 4. No county seat shall be re-
moved until the point to which it is

[August IG

proposed to be removed shall be fixed
in pursuance of law, and two-thirds
of the voters of the county, to be as-
certained in such manner as shall be
provided by general law, shall have
voted in favor of its removal to such
point; and no person shall vote on
such question who has not resided in
the county six months and in the elec-
tion precinct ninety days next preced-
ing such election. The question of
the removal of a county seat shall
not be oftener submitted than once in
six years: Provided, that when an at-
tempt is made to remove a county
seat to a point ten miles in a direct
line near the center of a county, then
a majority vote only shall be neces-
sary, and the question of removal
may be submitted once in four years.

Why did you fix on ten miles?
Why not say when they ,want to
move it toward the center of the
county?

Take the county of Richardson:
there the county seat at Falls City
is not near the center of the county.
If it is the desire of the people to
remove it to Salem, which would be
nearer the center, but not in a direct
line toward the center, it would pre-
vent the people from doing so except
by a two-thirds vote —

Mr. TOWLE. Suppose you strike
out the words, "in a direct line."
Will that suit you?

Mr. THOMAS. No. sir, what we
want is to strik(> out this ])roviso.

Mr. TOWLE. Would not that ap-
])ly to Nemaha county?

Mr. THOMAS. Yes, sir. It would
look as though you would have it
apply for the benent of Richardson,
and against Nemaha count.v.

TOWLE— MASON— THOMAS

LOCATION OF COUNTY SEATS 339

WEAVER— MASON [August 16

Wednesday]

There is another good reason why
this should be reconsidered: for it
appears here that there are county
officers in this state that receive more
than our state officers. I would like
to see it reconsidered for the purpose
of introducing just such a section
as the gentleman from I^ancaster
(Mr. Robinson) has suggested. The
excess over [$] 2,500 should be paid
to the county treasury to be used for
such purposes as you see proper. I
therefore am in favor of reconsidera-
tion.

Mr. WEAVER. Mr. President, T
see very plain that the gentleman
does not know what he is talking
about. The words "direct line"
means not in right angles. It does
not suppose that it is in a direct line
from the old county seat towards the
center of the county; but the idea is
that you must get it within ten miles
closer, or nearer the center.

In regard to th,is limitation of
salaries: There was a whole section
here applying to every county officer,
saying that what fees were collected
over a certain amount should be paid
into the county treasury. What did
the convention do? They unani-
mously struck it out. The whole
subject matter in regard to the com-
pensation of county off cers was left
to the legislature. i do not think
this convention wishes to reverse
their action on this subject. Why
was the proviso put in? It shows
on the face of it no county seat should
be permanently fixed, but where it
is to be moved it shall be ten miles
nearer the center of the county.
'There should be some permanance
given to the county seat, not to put

back county improvements. But if
the whims of majorities can move
county seats all the time, regardless
of distance, they will be continually
fighting. This ten mile clause was
put in purposely to give perma-
nance to county seats.

Mr. MiASON. Mr. President, there
is one thing I desire to say, (As re-
gards the county seat matter, I have
noth ng to say, one way or the other.
I do not know anything about it.
Gentlemen say we ought not to put
a provision in for or against.) that
is this: I did have in my hands a
few weeks ago a paper which showed
that there was 2,700 deeds recorded
by one county clerk and 2,200 mort-
gages, this would amount to about
$5,000 for recording alone. He was
paid $1,4 00 for the tax I'st; and the
aggregated fees amounted to $9,000
for one office, and one man paid him
twenty-five dollars per month for
the privilege of doing business. We
ought to provide somewhere that
where these fees exceed a given
amount, [they] should go into the
public treasury. I apprehend that
every gentleman on this floor will
conceive that if the fees of the
county clerk of this county amount
to $10,000 a year, when you pay
your governor but $3,000, this ought
to be provided againsi; and if it be
necessary to secure a reconsidera-
tion to make this provision, most
assuredly I am in favor of it. Be-
sides, there is the evil arising from
this large amount of fees being put
in one man's hands. It enables them
to organize and run periodicals hi
their interest for the corruption of
public morals and the slander of

340

LOCATION OF COUNTY SEATS

Wednesday] KENASTON— GRAY— THOMAS [August 16

their neigbors. They should be con-
fined to legitimate fees for their ser-
vices and when they exceed $2,500
or $3,0 0 0 — I am willing to be liberal
with them — when they run over the
salary fixed for the governor, cer-
tainly they ought to go into the
pubi c treasury. This is all I de-
sire [to say.]

:\Ir. KENASTON. Mr. President,
there is no necessity for bringing
this question into the house again
for the purpose of reconsideration.
Let us look at this matter. There
are some counties that need this
change; and every county that needs
a change of county seat should have
it. There is no justice in the fact
that they should have to have a two-
th'rds vote for the purpose of mov-
ing a county seat towards the center
of the county. Circumstances ought
to favor the fact of its being moved
towards the center by a majority;
and a majority ought to rule and
not a simple minority. 1 hope this
will not be reconsidered.

:\Ir. GRAY. :\Ir. President,! move
the previous question.

The motion was agreed to.

The PRESIDENT. The motion is
on reconsidering the vote by which
the article on counties was ordered
engrossed.

The ayes and nays were demanded.

The secretary called the roll and
the president announced the result,
ayes 1 9, nays 21 , as follows:

Boyd,

Campbell,

Estabrook,

Hascall,

Lake,

Lyon,

Majors,

YEAS.

Manderson,

Moore,

Newsom,

Philpott,

Price,

Robinson,

Shaff,

Thomas,

Wakeley,

Tisdel,

Woolworth, — 1

Vifquain,

NAYS.

Abbott,

Parchen,

Ballard,

Reynolds,

Gibbs,

Scofield,

Eaton,

Sprague,

Granger,

Speice,

Gray,

Stevenson,

Griggs,

Stewart,

Kenaston,

Thummel,

Kilburn,

Towle,

Kirpatrick,

Weaver,

Myers,

Wilson. — 23.

Neligh,

ABSENT

OR NOT VOTING.

Campbell,

McCann,

Curtis,

Mason,

Grenell,

Maxwell,

Hinman,

Parker,

Ley,

Mr. President.—

IJecoiisideration

The PRESIDENT. The question
is upon the motion or the gentleman
from Lancaster (Mr. Robinson) to
reconsider the vote by which the
article' on minority representation
agreed to by the convention was re-
ferred to the committee on schedule.

Call of the House

Mr. THOMAS,
the house.

1 move a call of

Abbott,

Ballard.

Boyd,

Campbell,

Cassell,

Eaton,

Estabrook,

Gibbs,

Granger,

Gray,

Griggs,

Kenaston,

Kilburn,

Kirkpatrick,

Lake,

Lyon,

PRESENT.

Majors,

Mason,

Manderson,

Moore,

Myers,

Neligh,

Newsom,

Parchen,

Philpott,

Price,

Reyjiolds,

liobinson.

St(nonson,

Stewart.

Sprague,

Scofield,

MINOEITY EEPRESENTATION

341

Vvednesday] GKAY— MANDERSOX— WAKELET [August 16

Vifquain,
Wakeley,
Weaver,
Wilson,
Woolworth,
Mr. President. — 4 4
ABSENT.
Ley,

McCann,
Maxwell,
Parker. — 8.

Speice,
Sliaff,
Thomas,
Tliummel,
Tisdel,
Towle,

Curtis,
Grenell,
Hascall,
Hinman,

Mr. GRAY. I move that all fur-
ther proceedings under the call be
dispensed with.

The motion was agreed to.

The PRESIDENT. The question
now returns on the motion to recon-
sider.

Mr. GRAY. Upon that motion I
call the previous question.

The PRESIDENT. The question
is, shall the main question be now
put?

The convention divided, and the
motion was agreed to.

Reconsideration Again

The PRESIDENT. The question
now recurs on the motion of the
gentleman from Lancaster to recon-
sider the vote by which the article
on minority representation was re-
ferred to the committee on schedule.

The ayes and nays being demand-
ed, the secretary called the roll.

Mr. MANDERSON, when his name
Avas called. I have heard no reason
advanced why thj"s shou,ld be re-
considered, and therefore I vote no.

The president announced the re-
sult, ayes 2 8, nays 17, as follows: .

YEAS.
Abbott, Gray,
Ballard, Griggs,
Cassell, Kenaston,
Estabrook, Kirkpatrick,
Gibbs, Lake,

Granger,

Lyon,

Majors, Robinson,

Moore, Stewart,

Myers, Sprague,

McCann, Thummel,

Neligh, Tisdel,

Philpott, Weaver,

Price, Wilson,

Reynolds, Mr. President. — 2 J

NAYS.

Scofield,
Speice,
Shaff,
Thomas,
Towle,
Vifquain,
Wakeley,
Woolworth. — 17.

Boyd,
Campbell,
Eaton,
Hascall,
Kilburn,
Manderson,
Newsom,
Parchen,
Stevenson,

ABSENT OR NOT VOTING.
Curtis, Mason,
Grenell, Maxwell,
Hinman, Parker. — 7.

Ley,

So the motion to reconsider was
agreed to.

Mr. GRAY. I move that the com-
mittee on schedule be ordered to re-
port the article on minority repre-
sentation to the convention imme-
diately.

Mr. WAKELEY. Mr. President,
I have been in deliberative bodies
enough to know that two-thirds of
the members are more than one-
third, and that when they have de-
termined a course of policy upon any
particular measure they can carry
it out, and I beg the gentlemen upon
this floor who are reveling in the
consciousness of having a decided
majority over us to proceed to cru-
cify this great measure of justice and
right, in a quiet and decent manner.
I say to the gentlemen that I pledged
myself, and as far as I can, with
those who are with me, we will re-
sort to no filibustering or anything
which will disgrace this convention.

342

MINOEITY REPKESENTATION

Wednesday] WAKELEY [August 16

that we will preserve our self-re-
spect and appeal from the judgment
of this day, dictated by a midnight
caucus, to the great tribunal of this
state, and abide the time when they
will do justice to us.

Now, Mr. President, for one, 1
will submit in silence to the edicts
of this convention to proceed. Pro-
ceed in the work if you have deter-
mined upon it. We have nothing
more to say. We have believed this
principle to be just and right. We
have but asked gentlemen on this
floor to do what I have done, and
many who vote with me have done,
in regard to all questions of public
policy and interest to the people of
this state, submitted to them for
their consideration. If the majority
of this convention is not w lling to
accord that much justice to this
proposition, let them say so; but do
not make use of a majority of two-
thirds upon this and have to scramble
for the recognition of the chair, for
the previous question, and put down
a minority of one half your number.

I will not stand here, "Sir. Presi-
dent, to argue the merits of this prop-
osition. Every gentleman upon this
floor has determined, I suppose, up-
on his course. I propose, sir, that
while this principle, which is so dear
to many of us, must suffer, that we
prefer ordinary form of proceeding
here, and submit to the majority. I
do not think that it is too late to
hoj)e that the majority of this con-
vention will treat this i)roposition
as other propositions have been
treated while allowing the sovereign
l)eai)le of Nebraska, who are our
masters — your masters, gentlemen of

the majority, as well as the masters
of us, the feeble minority — to decide
this question. But if the majority
here believe it to be their duty to
take upon themselves this responsi-
bility, it is not for me to complain
of it; not for me to dictate the
course other gentlemen shall see fit
to pursue. Mr. President, I believe
that, so far as the minority is con-
cerned, we have been acting in good
faith and in good order. I have seen
other measures crushed through in
spite of all opposition, during the
session of this convention. As I did
not rise to discuss this question,
neither did I rise to complain of
what the majority of the gentlemen
upon this floor may see fit to do; but
to explain my object in introducing
th s measure. I believe that every
member of this convention has de-
termined for himself what to do.
But 1 do protest against the spirit
in which gentlemen see fit to con-
sider this measure. Now, Mr. Pres-
ident, I can only say what I have
heretofore said in substance: that
I believe that the principle sought to
be established by this proposition is
a good one. I believe it is a ques-
tion which transcends all party or
local interest. It is a principle which
I believe to be founded upon the
eternal rock of truth and justice.
The "truth is mighty and will pre-
vail," and 1 believe that if this con-
vention refuses to allow the people
to decide this matter for themselves,
that lh(> tinu^ will come when the
p( ()l)Ie, rising ahove all personal and
private consid(>rat ions, will speak
with authority and declare this
l)r nciple is right. And I do not be-

MINOEITY EEPRESENTATION

343

Wednesday]

lieve that a majority of the voters
of this state will endorse the action
of this convention if they withhold
the consideration of this question
from the people of Nebraska. Sev-
eral times during this session, I have
voted to submit to the people of this
state propositions I will not support
at the ballot box; but I did it be-
cause they were questions of practi-
cal importance; questions in which
the people of the entire state are in-
terested. But I do not think that it
is my duty to support all of these
measures at the ballot box. Now,
:\Ir. President, I make this last ap-
peal to the justice of this conven-
tion; that, whatever the opinion of
the members may be — whatever their
individual judgment may be as to
the right or wrong of this funda-
mental and important principle — I
ask that they allow a majority of the
people of the state of Nebraska to
pass judgment upon it, and say
wliether it is right or wrong. Are
the members of this convention
afraid to trust this question to the
honest voters of the state? Sir, why
should this measure be withheld
from the people? Are they not com-
petent to decide this question for
themselves? And, sir, if the minor-
ity on this floor reflect the senti-
ments of a majority of the people of
this state, should not their voice be
heard? I have not helped to thus
summarily dispose of questions
which have come up before this body,
heretofore, to which I was opposed;
and is it right to take this course
with regard to this proposition? 1
/do not believe tjhiiS convention is
doing right in withholding the de-

[August 16

cision of this question from the peo-
ple of the state.

Mr. MYERS. Mr. President, I
have seen nothing done upon this
floor which justifie<s the charges of
the gentleman from Douglas (Mr.
Wakeley) to the effect that this prop-
osition of minority representation
has not been fairly dealt with. It
is perfectly legitimate and right
that those who are opposed to the
principle should oppose it and vote
against it upon this floor. We are in
favor of a reconsideration of the
vote upon this measure, and that it
may be fully discussed before final
action is taken upon it.

That has been introduced in one
state and there, I understand, they
are ready to abolish it. I have heard
this discussed in the state I have the
honor to come from. Charles [R.]
Buckalew discussed it five years ago
in the senate, and so plain that it
was comprehended by all the people;
and there, sir, the idea has been
scouted. We claim we have a right
to move the previous question when
we desire it.

Mr. GRAY. Mr. President, I am
disposed .to facilitate the bus ness of
this convention. I now call for the
previous question.

The PRESIDENT pro tempore.
Gentlemen, the question is, shall the
main question be now put?

The motion was agreed to.

The PRESIDENT pro tempore.

The main question is on the mo-
tion of the gentleman from Dodge
(Mr. Gray) that the committee be
instructed to report the bill back to
the convention immediately. The
ayes and nays are demanded. Sec-
retary, call the roll.

W AKE LE Y— M Y ER8— GR A Y

344

MINORITY REPRESENTATION

Wednesday] HASCALL— ROBINSON— WOOLWORTH [August 1<>

The vote was taken, and the re-
sult announced, ayes 28, nays 17, as
follows:

YEAS.
Abbott, Myers,
Ballard, McCann,
Cassell, Neligh,
Estabrook, Philpott,
Gibbs, Price,
Granger, Reynolds,
Griggs, Robinson,
Gray, Stewart,
Kenaston, Sprague,
Kirkpatrick, Thummel,
Lake, Tisdel,
Lyon, Weaver,
Majors, Wilson,
Moore, Mr. President. — 2 8

NAYS.

Boyd, Scofield,
Campbell, Speice,
Eaton, Shaff,
Hascall, Thomas,
Kilburn, Towle,
Manderson, Vifquain,
Newsom, Wakeley,
Parchen, Woolworth. — 17.

Stevenson,

ABSENT OR NOT VOTING.
Curtis, Mason,
Grenell, Maxwell,
Hinman, Parker. — 7.

Ley,

So the motion was agreed to, and
the committee was ordered to report
back the proposition.

Mr. HASCALL. Mr. President, in
behalf of the committee on schedule,
1 hereby return to the convention the
proposition just ordered.

Mr. HASCALL. Mr. President, 1
have an amendment to offer.

The secretary read the amendment
as follows:

To add to the proposition, "Pro-
vided, that the foregoing shall not
apply or govern in the election of
electors to vote for the president and
vice president of the United States.

The PRESIDENT pro tempore.

The amendment of the gentleman
is not in order, the proposition hav-
ing been passed.

Mr. ROBINSON. Mr. President. I
move to reconsider the motion by
which the proposition was passed.

Mr. WOOLWORTH. Mr. Presi-
dent, at one time it was my inten-
tion to make some remarks upon this
question. The convention had made
it the special order, but, other busi-
ness coming up, this discussion was
postponed — which I thought was
well enough. I have not had oppor-
tunity to express myself as I desired
to do on this proposition, nor shall I
now enter upon a discussion of the
great principles that underlie it; for
I know that it is not necessary for
me to do so. I know it from the
action of the members of this con-
vention within the last twenty-four
hours. Notwithstanding, I am in-
formed that, on a vote taken in my
absence, thirty voted for the submis-
sion of this to the people and only
seven against it. I know that yester-
day another vote was taken upon the
same subject, and at that time twen-
ty gentlemen voted for it and seven-
teen against it. I hc^-./'d, sir — and this
is the word that opened up light to
me this afternoon — I heard some
gentleman, I do not know who, say
here this afternoon that it was too
late to discuss the subject, because
there was a caucus last night, i do
not know anything about the caucus
only what I heard on the tloor. Well,
sir, the caucus having been held and
issued its decree, I suppose it is
quite unnecessary to discuss the prin-
ciples that l e at the bottom of this
(luestion. I^ut I came here, and
some other gentlemen came here and

MINOEITY EEPEESENTATION 345

WOOLWORTH [August 16

Wednesday]

sit now upon this floor who very
liikely would not have been here but
for tacitly the adoption of the mi-
nority principle. I came here with a
promise, on the part of the republi-
can party of Douglas county, at least,
that in this convention partisan prin-
c pie and partisan tactics should not
obtain, and that caucuses and that
sort of way of running this concern
should not hold sway. Sir, I am dis-
appointed. I find that, right at the
heels of the convention, the whole
course of its history is to be revolu-
tion. vVell, sir, upon that subject,
if other gentlemen upon the floor are
willing to do so, I am willing to sub-
mit to the judgment of the people.
If they shall approve the course gen-
tlemen upon this floor seem dis-
posed to pursue, so let it be. There
is only one or two things further I
desire to say; but I desire to cor-
rect my colleague from Douglas (Mr.
Myers) in one statement he made
with regard to the places in which
this principle has obtained to its suc-
cess, and the stage in which it today
prevails. He is laboring under two
or three very serious mistakes or
facts, and I desire to take this oppor-
tunity of correcting him. The prin-
ciple of minority representation was
first suggested in England during the
last century in one of the reform
bills which was introduced and fin-
ally realized in the year 1830 or
thereabouts — in one of the reform
bills proposed by Lord John Russell
for the great manufacturing towns
of England, and it reigns there to-
day. And, sir, to demonstrate its
value to the cause, not only of
English liberty and progress, but to
the cause of progress and humanity

all over the world, let me say that
for years and years John Bright has
held his place upon the floor of the
house of commons by means of its
operation, and could never have got
there but for this great principle.
And this is the principle you pro-
pose [refuse?] to adopt and drive
men from your legislative halls; not
men so great as he, but men in this
little state who, after all, might be
of some service. That, sir, is the
failure of the principle in Great Brit-
ain. I will not stop to advert to
the adoption of this principle /in
almost all great countries of Europe.
It has been adopted in several great
states of Germany. It has been agi-
tated, and, s'r, I believe, but for the
collapse of the French empire, that
it would at an early day have been
adopted as one of tne great stages in
the progress toward freedom of the
French people by the empire of
France. Now, sir, let us come a little
nearer home. Why, sir, the principle
of minority representation has ob-
tained in the state of New York for
years and years; and although you
may say that it was in a small and
unimportant office, I say that it was
one of the most important, one of the
most august offices that is created
and is exercised in a free country,
the office of judges of election, who
are charged with the care of receiv-
ing the ballots of free men and de-
positing them in the ballot box, and
retaining them there, and counting
them. These officers, sir, in the '
state of New York, for many and
many a year, have been elected upon
this very principle. Another mis-
take my colleague from Douglas
made; ana as he said he came from

346 MINORITY REPRESENTATION

Wednesday] WOOL WORTH

Pennsylvania, I do not think he
ought to have made. Why, sir, Mr.
Buckalew, not only when he was in
the senate of the United States and
there presented this great -principle
in the way of challenging the atten-
tion of senators and the attention
of the country, but, sir, in a way to
command the respect and to com-
mand the approval, too, sir, of the
great statesmen in that body; and
although but seven certain men
voted for it, among those seven men
is the peer of any man in this land
today, as a statesman, as a lawyer,
as a patriot — unsurpassed by any
man in this country — Lyman Trum-
bull. Others might be named in the
same connection. Well, sir, when
he retired from the senate to his
native state he went into his own
county, and there advocated the
adoption of this principle in the elec-
tion of borough officers in the bor-
ough in which he lived. He went in
the legislature of his state for the
purpose of gett ng this very prin-
ciple passed by the legislature of
Pennsylvania. He succeeded. The
principle was i)ut in operation in
his borough, in the neighboring
borough, and iu many others, and
demonstrated its wisdom and its
])racticability. These are some m s-
takes the gentleman has made. Now,
sir, one single word more as to the
partisan character upon this question.
T know — and I am proud of it, sir — I
know there are gentlemen u])on this
floor who l)elong to, and wlio act
with the republican ])arty, who have
been enabled, by attention to the
great principles tliat lie at the basis
of this (luesfon, by a fair, candid
consideration of them, [to] rise up to

[August lo

some appreciation of its importance
and value, rise up, sir, more than
this — rise up, sir, above all claims of
party and of power and record their
votes here on the side of just ce and
fairness and right. And I also know-
that this question is carried through
here by one side of this house, one
of the political parties in this house
— and I believe I call no man's mo-
tive in question — as i believe from
party consideration altogether, be-
cause I am able to recall more than
one gentleman upon this floor who,
at one time or another since we first
assembled here, has declared him-
self decidedly, unqualifiedly, uncom-
promisingly and without any exemp-
tion in favor of minority representa-
t on; and yet I find his name re-
corded on what I consider the
wrong side of the question. But,
sir. is this a partisan question? Let
us see what has been done elsewhere.
Why, sir, the state of New York had
occasion, not very long ago, to elect,
its mfembers to a new court of ap-
l)eals; it was a state overwhelmingly
democratic; it was a state which con-
tained within its borders gentlemen
of the democratic party who are just
as able to sit in tliat court and ad-
minister the laws of the state as any
men in the state; and enough of
them there were, too. But, sir, what
did the legislature or that convention
do? .\nd what did i)oc)ple of that
state do? Why, sir. although the
democratic party held a majority,
there, an overwhelming majority, and
might have elected every one of the
judges, what did it do? It ai)plie(I
the minority representation in that
court, and in consequ(Mice of doing
so, and solely in consequence of do-

MINORITY REPRESENTATION

347

Wednesday] WOOLWORTH— WEAVER [August 16

ing so, two gentlemen of the republi-
can party were elected into the court,
That, sir, is what the democratic
party has done. And further than
that: in the constitution which was
at the same time adopted and sub-
mitted to a vote of the people, the
principle of minority representation
was advocated, was advocated upon
the floor of the convention most
strenuously, eloquently and phil-
osophically by the great democratic
leaders of the state. Now, sir, I
say, whatever may have been deter-
mined upon by those gentlemen who
do not agree w.th me in general
political opinions, I think they can
see that this is not altogether, so
far as it is a party question, alto-
gether on one side. The day may
come, and many think the day is
drawing near — and, sir, I apprehend
myself that if there be not a change,
not only in this state but ;'n several
other states in this union, in the
administration of affairs by the re-
publican party, the day is coming
very- soon — when this principle will
operate against the power in num-
bers of the democratic party. I be-
lieve, sir, that the day is coming
when democrats will not ask, will
not ask at all for any such principle
as this in order to get a representa-
tion upon the floors of the legisla-
tures of this state. I advocate, or,
rather, J am in favor of this measure,
not because it does what some gen-
tlemen apprehend, not for that rea-
son, but because it is a principle
of common justice, nothing more nor
less than a common /justiice; tbe-
cause Ii believe it will secure meas-
ures of reform, a better class of men

than come here under the present
system.

Mr. WEAVER. I will take the
gentleman on his own ground. He
starts out by saying this is not a
party move. Now, sir, I say it is.
Tell me the democrat who has op-
posed this. I know, too, individuals,
democrats, in this body who would
not have voted for minority repre-
sentation when they first came, and
would have opposed it now only that
they found it was a democratic move.
The democrats stand in solid phalanx
ready to support it. It is a pretext by
which they hope to take advantage
of majorities. Now, if democrats
are so sure that the day is close by
w^hen they will take all these places,
let them take a high standard of
principle to accomplish their object.
And it can only be done by placing
themselves upon a standpoint above
the republican party. Minority rep-
resentation is a great humbug. I
will suppose a case where there are
four to be elected. We will sup-
pose the party in the majority has
one thousand electors, the other
party has six hundred and seventy-
five. The thousand cannot, under
this minority representation, elect
but one-half of those four. If they
divide the votes among three, they
get 1,3 33 each; or if the minority
divide their votes among two, they
would get 1,400 votes each. I tell
you, as a matter of calculation, this
idea :s a humbug. It has a fair face
in sunlight; but when you examine
it there is nothing left of it. There
is no idea more erroneous than to
suppose that the people are repre-
sented fairly by it. And it is every

348

MINORITY REPRESENTATION

Wednesday;

NEWSOM— WAKELEY— ESTABROOK— GRAY
WEAVER^MOORE

TOWLE-

[August 16

man's right to vote again, if he mis-
understood the question in the first
place.

Mr. NEWSOM. I demand the pre-
vious question.

The PRESIDENT pro tempore.
Shall the main quest" on be now put?

The main question was ordered.

The question now is, shall the ar-
ticle be reconsidered?

Mr. WAKELEY. I ask for the
ayes and nays.

The secretary proceeded to call the
roll.

Mr. ESTABROOK, when his name
was cahed. I vote aye expressly to
compensate my friends Wakeley and
Thomas for voting to submit woman
suffrage.

The president pro tempore an-
nounced the result, ayes 2 8, nays 17,
as follows:

YEAS.

Abbott, McCann,
Cassell, Neligh,
Estabrook, Philpott,
Gibbs, Price,
Granger, Reynolds,
Gray, Robinson,
Griggs,

Kenaston,

Kirkpatrick,

Lake,

Lyon,

Majors,

Moore,

Myers,

Ballard,

Boyd,

Campbell,

Eaton,

Hascall,

Kilburn,

Manderson,

Newsom,

Parchen,

Stewart,
Sprague,
Shaff.
Thummel,
Tisdel,
Weaver,
Wilson,

Mr. President. — 28

NAYS.

Stevenson,
SCO field,
Speice,
Thomas,
Tovvle,
\^if(iuain,
Wakeley,
Woolworth. — 1 7.

ABSENT OR NOT VOTING.
Curtis, Grenell,
Hinman, Ley,
Mason, Maxwell. — 7.

Parker,

So the mot on to reconsider was
agreed to.

Mr. GRAY. I move that the article
be indefinitely postponed, and upon
that I call the previous question.

Mr. WAKELEY. I make a point
of order, simply this: that it is
not competent for a gentleman to
make a motion, then make another
motion for the previous question.

Mr. TOWLE. I also called for the
previous question.

The PRESIDENT pro tempore.
The chair is of the opinion that the
gentleman cannot make a motion and
move the previous question thereon
before the motion he makes is stated
by the chair: and that the point of
order is well taken. The question
is upon the indefinite postponement
of the article.

Mr. WEAVER. I call for the pre-
vious question.

The PRESIDENT pro tempore.

Shall the main question be now
put?

The PRESIDENT pro tempore.
The question now is, gentlemen, u]i-
on the indefinite postponement of the
article under consideration. The
ayes and nays are demanded. As
many as are in favor will, as their
names are called, answer aye» those
opposed, no.

The secretary proceeded to call
the roll.

Mr. MOORE, whiui liis name
was called. I have voted constant-
ly one way on this question, for the
reason that I believe this would be

LOCAL OPTION

349

Wednesday]

STRICKLAXD^NEWSOM— TOWLE

[August 16

wrong upon principle. No political
or partisan feeling has influenced me
at any time. I vote aye.

The president pro tempore an-
nounced the result, ayes 27, nays 19,
as follows:

YEAS.

McCann,

Abbott,
Ballard,
Cassell,
Gibbs,
Granger,
Gray,
Griggs,
Kenaston,
Kirkpatrick,
Lake,
Lyon,
Majors,
Moore,
Myers,

Neligh,

Philpott,

Price,

Reynolds,

Sprague,

Thummel,

Robinson,

Stewart,

Tisdel,

Weaver,

Wilson,

Mr. President.

-27

NAYS.

Stevenson,
Scofield,
Speice,
Shaff,
Thomas,
Towle,
Vifquain,
Wakeley,
Woolworth. — 19.

Boyd,
Campbell,
Eaton,
Estabrook,
Hascall,
Kilburn,
Mason,
Manderson,
Newsom,
Parchen,

ABSENT OR NOT VOTING.
Curtis, Ley,
Grenell, Maxwell,
Hinman, Parker. — 6.

So the motion to reconsider [in-
definitely postpone] prevailed.

Mr. STRICKLAND. There are
two propositions on the president's
desk — temperance, and revenue and
finance. I move that we take up the
article on temperance. I move that
the committee of the whole be dis-
charged from any further consider-
af on of the report of the committee
on temperance, and that the conven-
tion take the matter up.

The PRESIDENT pro tempore.
The question is upon the motion of

the gentleman from Douglas (Mr.
Strickland) that the committee be
discharged from the further consider-
ation of the report of the committee
on temperance, and that the conven-
tion take it up.

The motion was agreed to.

Mr. NEWSOM. Mr. President, T
have a resolution I wish to offer.
Leave be ng granted the secretary
read the resolution as follows:

Whereas, A majority of the con-
vention did, in caucus, determine to
defeat the submission of the ques-
tion of minority representation;

Resolved, That it is only necessary
for the caucus to make known to
the convention what they have de-
termined upon, and the convention
will, quietly, and without effort to
delay the proceedings of the conven-
tion, submit.

Mr. TOWLE. I move that the res-
olution be referred to the caucus.

The motion was not considered.

Mr. STRICKLAND. I move to lay
tlie resolution on the table. The
motion was agreed to.

The PRESIDENT. The question
now before the house is the report
of the committee on temperance.

ARTICLE .

Section 1. The legislature shall
provide for submittmg to the legal
voters of each county in the state
the question of "inhibition," or "li-
sence;" and in thoise counties in
which a majority of the votes cast
are in favor of inhibition, the sale of
intoxicating beverages of every de-
scription shall be inhibited.

Sec. 2. The legislature shall fur-
ther provide that in any county in
which a majority of the votes cast
shall be in favor of license, on the
petition of ten freeholders who are
legal voters, the question of "inhi-
bition" and of "license" shall be
submitted to the legal voters of any
city, town, precinct, or township in

350

LOCAL OPTION

Wednesday] ESTABROOK—PHILPOTT— ABBOTT— WAKELEY [August 16

the state; and in any city, town^ pre-
cinct, or township, in which a ma-
jority of the votes cast are in favor
of inhibition, the sale of intoxicating
beverages of every description sliall
be inhibited.

Sec. 3. The legislature shall fur-
ther provide that in those counties,
cities, towns, precincts and town-
ships, in which a majority of all the
votes cast ^are in favor of license,
upon the petition of ten freeholders
who are legal voters, license for the
■sale of alcoholic, vinous or malt liq-
uors may be granted, on the pay-
ment into the treasury of the state,
for the use of the insane asylum, of
not less than one hundred dollars
every three months, and the bond
of the applicant for license, with the
aforesaid ten freeholders who have
])etitioned for such license, making
him and them jointly and severally
responsible for all injury done to
life, person, or property, whether of
the state, county, city. town, precinct,
township, or individual, which can
be shown to have been committed by
any person or persons in a state of
intoxication who have procured the
intoxicating beverage, by purchase,
donation, or otherwise, from the per-
son or persons so licensed.

And the legislature shall further
provide for the proper punishment,
by fine or imprisonment, or both, of
those who sell or give away alcholic,
vinous or malt beverages without
such license.

Mr. ESTABROOK. Mr. President,
I offer a substitute for the whole re-
port which reads as follows:

The legislature shall provide by
general law for submitting to the
electors of counties, cities or towns
in the state the question of "license"
or "no license," and shall prescribe
the manner of carrying into effect
the will of the people so exi)ressed.

The PR?]SIDENT. I desire to
suggest to the committ(>e tliat if this
section should prevail it would hv

free whisky without a license or
whisky with license. (Laughter.)

The question is upon the adop-
tion of the substitute offered by the
gentleman from Douglas (Mr. ESTA-
BROOK).

Mr. PHILPOTT. I move to amend
the proposed substitute by striking
out the word license where it first
occurs and also strike out the word
no, before the word license, where
it appears the second time, and in-
sert the word inhibition in the place
of the word license.

Mr. ABBOTT. I move to indefi-
nitely postpone the w'hole subject
matter.

The PRESIDENT. The question
is upon the motion of the gentleman
from Hall (Mr. Abbott).

The yeas and nays being demand-
eel, the secretary proceeded to call
the roll.

Mr. WAKELEY, when his name
was called. Mr. President, I de-
sire to explain my vote. Since din-
ner, I have held a short consultation
with myself, and have decided that
this question should go the way of
the minority representation. (Laugh-
ter.) I vote aye.

The president announced the re-
sult, yeas 12, nays ?>0, as follows:
YEAS.

Abbott, Speice, ,

Campbell, Thummel,
Eaton, Yifquain,
Parchen, Wakeley,
Robinson, Weaver,
Stevenson, Wilson.— 12.

NAYS.

Ballard, Griggs,

Boyd, Ilascall,

Cassell, Kenaston,

Estabrook, Kilburn.

Gibbs, Kirkpatrick,

Granger, Lake,

LOCAL OPTION

351

Wednesday]

HASCALL— BOYD— STEWART— EATON

[August 16

Lyon, Price,

Majors, Reynolds,

Mason, Stewart,

Moore, Sprague,

Myers, Scofield,

McCann, Slialf,

Neligh, Thomas,

Newsom, Tisdel,

Philpott, Woolworth. — 30.

ABSENT OR NOT VOTING.

Curtis, Manderson,

Grenell, Maxwell,

Gray, Parker,

Hinman, Towle,

Ley, Mr. President. — 10

The PRESIDENT pro tempore.
The question now occurs on the mo-
tion of the gentleman from Douglas
(Mr. Estabrook), as amended by the
gentleman from Lancaster (Mr. Phil-
pott), which amendment was accept-
ed by the gentleman from Douglas.

Mr. HASCALL. Mr. President, I
move to lay the report and all mo-
tions on the table, and recommend
it to the consideration of the next
legislature.

The motion was not agreed to.

Mr. BOYD. I move to strike out
the word shall and insert "may."
I am willing to leave this whole mat-
ter to the legislature.

The PRESIDENT pro tempore.
The question is on the amendment
of the gentleman from Douglas (INIr.
Boyd). The ayes and nays are de-
manded. Secretary, call the roll.

Abbott,

Boyd,

Cassell,

Eaton,

Granger,

Hascall,

Myers,

Parchen,

Robinson,

Stevenson,

YEAS.

Scofield,

Thomas,

Thummel,

Tisdel,

Towle,

Wakeley,

Weaver,

Wilson,

Woolworth,

Mr. President. — 20

NAYS.

Ballard,

Mason,

Campbell,

Moore,

Estabrook,

McCann,

Gibbs,

Neligh,

Gray,

Newsom,

Griggs,

Philpott,

Kenaston,

Price,

Kilburn,

Reynolds,

Kirkpatrick,

Stewart,

Lake,

Sprague,

Lyon,

Shaff,

Majors,

Vif quain.-

-24.

ABSENT OR NOT VOTING.
Curtis, Manderson,
Grenell, Maxwell,
Hinman, Parker,
Ley, Speice. — 8.

So the amendment was not agreed

to.

Mr. STEWART. I move to insert
after the word license, in the third
line, the words "for the sale of intox-
icating liquors."

The motion was agreed to.

Mr. EATON. I move to strike out
the words "intoxicating liquors" and
insert, in lieu thereof, the words
"alcholic liquors."

The motion was not agreed to.

The PRESIDENT pro tempore.
The question is on the adoption of
the substitute offered by the gentle-
man from Douglas (Mr. Estabrook),
The ayes and nays are demanded.

Mr. BOYD. Mr. President, is it to
be submitted as a separate proposi-
tion?

The PRESIDENT pro tempore.
Yes, sir.

Mr. HASCALL. There is nothing
before the convention to indicate
that condition.

The PRESIDENT pro tempore.
The special committee reported the
article, for which this is offered as

352

LOCAL OPTION

Wednesday] KIRKPATRICK— ROBINSON— STRICKLAND [August IG

a substitute, to be submitted as a
separate proposition.

Mr. ESTABROOK. Before the
vote is taken I wish to offer a reso-
lution: Resolved, That the members
of the Baker family be tendered the
privileges of the floor. soa

The resolut on was agreed to.

The PRESIDENT pro tempore.
The question is on the adoption of
the substitute, with the understand-
ing that it be submitted as a sepa-
rate proposition.

The yeas and nays were demand-
ed.

The secretary proceeded to call the
roll.

Mr. WOOLWORTH, when his
name was called. I wish to explain
my vote. If there was some stringent
rule which would stop this great
evil, I would favor it, but [I] am not
in favor of the measure, therefore,
I vote nay.

The president pro tempore an-
nounced the result, ayes 31, nays 14,
as follows:

YEAS.

Ballard, Moore,
Boyd, Myers,

Abbott,

Eaton,

Gray,

Hascall,

Manderson,

Newsom,

Parchen,

NAYS

Robinson,

Stevenson,

Thummel,

Vifquain,

Wilson,

Woolworth,

Mr. President. — 14

Campbell,

Cassell,

Estabrook,

Gibbs,

Granger,

Griggs,

Kenaston,

Kilburn,

Kirkpatrick,

Lake,

Lyon,

McCann,

Majors,

Mason,

Neligh,

Philpott,

Reynolds,

Scofield,

Shaft.

Sprague,

Speice,

Stewart,

Thomas,

Tisdel,

Towle,

Wakeley,

Weaver. — 31

W>ii. Illustrative of the naive democracy of
frontier lio-spitarity, it is interesting to note
tliat this Baker family were a baiul of popular
itinerant concert singers.— P^d.

ABSENT OR NOT VOTING.
Curtis, Maxwell,
Grenell, Parker,
Hinman, Price. — 7.

Ley,

So the substitute was adopted.

Mr. KIRKPATRICK. Mr. Presi-
dent, I move that the article be or-
dered engrossed for a third reading
tomorrow, then be sent to the com-
mittee on schedule, to be submitted
as a separate proposition.

The motion was agreed to.

Mr. ROBINSON. ,AIr. President,
I have a petition.

The secretary read the petition, as
; follows:

To the president of the constitu-
tional convention of the state of Ne-
braska.

The undersigned subscribers being
resident voters of Saline county, Ne-
braska, most respectfully petition
your honorable body to assign the
county of Saline to the first or sec-
ond judicial district of the state of
Nebraska.

August 14, 1871.

Signed by John Cox and 2r) others.

Mr. STRICKLAND. :\[r. President.
I move its reference to the judiciary
committee.

The motion was agreed to.

Mr. STRICKLAND. .Air. Pres cient,
I move we take up the finance article.

The motion was agreed to.

The secretary read as follows:

Section 1. Taxes may be rightfully
and equally levied upon the property
of the citizen, to insure the protec-
tion of life, the security of person.

GENERAL PEOPERTY TAX

353

Wednesday] M'CANX [August 16

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 man-
ner as the legislature shall direct,
and not otherwise; but the legisla-
ture shall have power to tax ped-
dlers auctioneers, brokers, bankers,
merchants, commission merchants,
showmen, jugglers, innkeepers, gro-
cery keepers, liquor dealers, toll
bridges, ferries, insurance, telegraph,
and express interests or business,
vendors of patents, ana persons or
corporations owning or using fran-
chises and privileges, in such man-
ner as it shall from time to time di-
rect by generai law, uniform as to
the class on which it opera'tes.

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 principles
of taxation fixed in this constitution.

Sec. 3. The property of the state,
counties, and other municipal corpo-
rations, both real and personal, and
such other property as may be used
exclusively for agricultural and hor-
ticultural societies, for schools, re-
ligious, cemetery, and charitable pur-
poses, the buildings and grounds be-
longing to, and used by any religious
society for religious purposes and to
the value of $5,000, may be exempted
^from taxation; but such exemption
. shall be only by general law. In the
assessment [of] real estate incum-
bered by public easement, any depre-
ciation occasioned by such easement
may be deducted in the valuation of
such property. For the encourage-
ment of agrictilture and horticulture
the legislature may provide that the
< increased value of lands by reason of
live fences, fruit, and forest trees,
grown and cultivated thereon, shall

not be taken into account in the as-
sessment of sucn lands for the pur-
poses of taxation.

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.

Sec. 5. The right of redemptioa
from all sales of real estate for the
nonpayment of taxes, or special as-
sessments of any character, what-
ever, shall exist in favor of owners
and persons interested in such real
estate for a period of not less than
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.

I 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.

IVIr: McCANN. I ask unanimous
consent of the convention to make
two amendments to this article. I
will read them for information. One
is.

Sec. — . All bonds issued by
any city, county or town after the
adoption of this constitution shall be

354

GENERAL PROPERTY TAX

Wednesday]

registered in the office of the auditor
of state.

With regard to that amendment, I
desire to say that it is not the same
which I understand was submitted
to the convention yesterday. This
provides for the registering of bonds
with the auditor of state, and there-
by effectually stops the fraudulent is-
sue of bonds in any city, township
or county.

'Object! Object!"

Mr. McCANN. I move that the
vote by which this article was order-
ed engrossed for a third reading be
reconsidered.

The ayes and nays being demand-
ed, the secretary called the roll.

The president announced the re-
sult, ayes 23, nays 19, as follows:

YEAS.

Abbott.

Price,

Cassell,

Reynolds,

Estabrook,

Robinson,

Granger,

, Thomas,

Griggs,

ThumuT^l,

Lake,

Tisdel,

Manderson,

Wakeley,

Myers,

Weaver.

McCann,

Wilson,

Neligh,

Wool wo^th.

Newsom,

Mr. President. -

Philpott,

NAYS.

Ballard,

Lyon,

Boyd,

Stevenson,

Campbe'l.

Stewart,

Eaton,

Sprague,

Gibbs,

Scofield,

Gray,

Speice,

HascaP

Shaff,

Kenaston,

Towle,

Kilburn,

Vifquain. — 1 9.

Kirkpatrick.

ABSENT

OR NOT VOTING

Curtis,

Mason,

Grenell,

Maxwell,

Hin man.

Moore,

Ley,

Parker. — 10.

Majors,

[Augu.st 16

So the motion to reconsider was
agreed to.

The PRESIDENT. The question
now is upon the proposition of the
gentleman from Otoe (Mr. McCann).

Mr. McCANN. The object of this
provision is simply to provide for the
honest discharge of their duties by
the authorities of cities and towns. _
The state, neither directly nor indi-
rectly, becomes responsible for the
payment of the bond. But every sec-
tion by going to the office of the
auditor of state can ascertain
whether more bonds have been is-
sued than the act provides for.

Mr. BALLARD. Who, sir, is to de-
fray this enormous expense of run-
ning to the capital?

Mr. McCANN. I will say that if
it were 300 or 4 00 or 5 00 miles, the
county had better pay for the reg-
istering of those bonds, which could
be done by letter, with the auditor
of the state, than pay $10,00 0 or
$50,000 or $1 00,000 bonds fraudu-
lently issued.

Mr. GIBBS. Suppose there is a
lot of fraudulent bonds issued from
my county, will my county be respon-
sible for such issue?

Mr. McCANN I will answer that
we distinctly provide that a county
cannot be made responsible for such
fraudulent issue. I will answer the
gentleman from Burt (Mr. Gibbs).
If there is an act of the legislature
authorizing your county to issue a
certain amount of bonds, your coun-
ty treasurer is supposed to have the
law before him when he registers
these bonds.

Mr. VVOOLWORTII. Suppose the
county officers issu(> bonds wliich are

31 • CA>X—BAL LARD— GI BBS- WOO L WORTH

GENERAL PROPERTY TAX

355

Wednesday]

registered and the auditor counter-
signs them, does that have the ef-
fect of charging either the county
or state with liability? If it does,
then I shall vote one way, if it does
not, I shall vote another.

Mr. McCANN. I understand this to
be the v/ay of it: before any county
or city can issue bonds, they must
apply to the legislature for power.
This power is given them by the
legislature, and they are allowed to
issue bonds to a certain amount.
Now, if they exceed that amount, I
call it a fraudulent issue. The fact
of the bonds being countersigned and
registered certifies to the world that
the bonds were issued by authority.

The PRESIDENT pro tempore.
The question is upon the adoption of
the substitute offered by the gen-
tleman from Otoe (Mr. McCann).

The convention divided and the
substitute was not divided [adopted].
Ad j ouriiment .

Mr. WOOLWORTH. Mr. Presi-
dent, I move the adjournment of the
convention until tomorrow morning
at 10 o'clock. It is impossible for
the committee on revision and ad-
justment to get ready to report be-
fore that time.

Mr. HASCALL. Mr. President, I
move the article be engrossed.

The ayes and nays being demand-
ed, the secretary proceeded to call
the roll.

Mr. BALLARD, when his name
was called. Mr. President, I vote
aye, because I am in favor of the ex-
emption of all church property from
taxation.

> The president announced the re-
sult, yeas 3 2, nays 13, as follows:

[August 16

YEAS.

Ballard,

Maxwell,

Campbell,

Moore,

Cassell,

Myers,

Eaton,

Neligh,

Estabrook,

Parchen,

Gibbs,

Price,

Granger,

Reynolds,

Gray,

Shaff,

Griggs,

Sprague,

Kenaston,

Speice,

Kilburn,

Stevenson,

Kirkpatrick,

Stewart,

Lake,

Tisdel,

Lyon,

Towle,

Majors,

Vif quain.

Mason

AVakeley. 3 2.

NAYS.

Abbott,

Scofield,

Boyd,

Thummel,

Hascall,

Thomas,

McCann,

Weaver,

Manderson,

Wilson,

Newsom,

Woolworth. — 13.

Robin&on,

ABSENT

OR NOT VOTING.

Curtis,

Parker,

Grenell,

Philpott,

Hinman,

Mr. President. — 7

Ley,

So the motion to have the article
engrossed was agreed to.

The PRESIDENT. The question
is on the motion to adjourn until to-
morrow moriilng at 10 o'clock.

The motion was agreed to.

So the convention, at 6 o'clock
and 3 5 minutes, adjourned.

FORTY-SIXTH DAY.
Thursday, August 17, 1871.
The convention met at 10 o'clock,
a. m., and was called to order by the
president.

Prayer.

Prayer was offered by the chap-
lain as follows:

Almighty God, may it please Thee
to bless the labors of the day. May

WOOLWORTH— HASCALL— BALLARD

356 APPORTIONMENT

Thursday]

all be done in agreement with the
best good of the state, with no pur-
pose but that which is for Thy honor
and the welfare of all the people.
May the responsible duties of the day
be met and done by the workers
here. Amen.

Reading of the Journal

The journal of the last day's pro-
ceedings was read and approved.

Mr. REYNOLDS. Mr. President,
your committee on enrollment and
engrossment, to whom was referred
the article on inhibition or license,
respectfully report that they have ex-
amined the same and find it cor-
rectly engrossed.

Mr. WOOLWORTH. Mr. Presi-
dent, your committee on revision and
adjustment have examined the leg-
islative article and recommend the
following corrections:

1. That said article be numbered
Article III, and be entitled Legisla-
tive Department.

The recommendation was agreed

to.

Mr. WOOLWORTH. Strike out
"shall be," in first line of first sec-
tion and insert "is."

Agreed to.

Mr. WOOLWORTH. Strike out
"all bills" in the first line of sec-
ond section and insert "every law."

The amendment was agreed to.

Mr. WOOLWORTH. Strike out
"branch" in the seventh line of sec-
ond section and insert "house."

The amendment was agreed to.

Mr. WOOLWORTH. Insert "shall
be" after "nays" in tenth line of said
section.

Agreed to.

[August 17

Mr. WOOLWORTH. Strike out "at
the end of" in third and fourth lines
of section three.

Agreed to.

Mr. WOOLWORTH. Insert after
"until," in fifth line, "the year 1878,
inclusive."

Agreed to.

Mr. WOOLWORTH. Strike out
"when" in said line.
Agreed to.

Mr. WOOLWORTH. Strike out
"their" and insert "its" in eighth
line.

Agreed to.

Mr. WOOLWORTH. Strike out
"such" and insert "each" in ninth
line.

Agreed to.

Mr. WOOLWORTH. Strike out all
of section after and including "pro-
vided," in eighteenth line.

Insert the following in place of the
fourth section.

Sec. 4. In making the appoint-
ment for senators each county having
three-fifths of the senatorial votes
shall be entitled to one senator and
be a senatorial district. Each county
entitled to one or more senators, and
having a surplus of three-fifths of
such votes, shall be entitled to an
additional senator therefor. Contig-
uous counties, no one of which has
three-fifths of the senatorial ratio,
shall be formed into districts contain-
ing respectively, as nearly as prac-
ticable, the full ratio, and not less
than three-fifths thereof.

The amendment was agreed to.

In place of section 5 insert the
following:

Sec. 5. Representatives shall be
chosen by districts of convenient
contiguous territory, as compact as
may be, to be defined by law. Each
county having tliree-fifths of the ratio
Khali be entitled to one representative.
Each county having a surplus of

REYNOLDS— WOOLWORTH

REVISION AND ADJUSTMENT 357

GRAY— PARCHEN— WOOLWORTH [August 17

Thursday]

three-fifths of the ratio shall be en-
titled to one additional representative.
A county having less than three-fifths
of the ratio shall be joined with one
or more like counties to form a rep-
resentive district, containing as near-
ly as practible the full ratio, and not
less than three-fifths thereof; and no
county therein shall be included in
any other representative district; but
no county shall be divided for the
purpose of attaching a part there-
of to another county, in forming such
representative district.

The amendment was adopted.
Insert the following as a new sec-
tion:

Sec. 6. The house of represent-
atives shall consistof fifty-seven mem-
bers, and the first senate shall con-
sist of nineteen members. After the
first election the number of members
of each house shall be regulated by
law, but the number of representa-
tives shall never exceed one hundred,
nor that of senators thirty-three. Un-
til the year 1871 representatives shall
be chosen for one year, and there-
after for two years. Senators shall
be elected in the year 18 71 for one
year and thereafter for two years.

The amendment was adopted.

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

The secretary read the resolution
as follows:

"Resolved, That the privileges of
the floor are hereby extended to the
Honorable E. H. Rogers, of Fre-
mont.

The resolution was agreed to.

Leave of Absence

Mr. PARCHEN. Mr. President, I
ask to be excused from further at-
tendance upon this convention.

Leave granted.

Report of the Committee on Revision
and Adjustment, Again.

Mr. WOOLWORTH. All the pro-
visions of section 2 0 are incorporat-
ed in other sections of the article, so
that section will be stricken out when
we come to it. I will say that other
corrections which have been made
are merely verbal, except to strike
out certain sections which have been
incorporated in other portions of the
constitution.

The PRESIDENT. The question
is upon the adoption of the amend-
ments suggested by the committee-
on revision and adiustment.

The amendments were agreed to.

Mr. WOOLWORTH. To insert in
the thirty-second section, before the
word manner, the word in.

The amendment was agreed to.

Mr. WOOLWORTH. In the fiftli
line of the thirty-third section to in-
sert the word of before the word
laws; and in the fourteenth and fif-
teenth lines to change the word dis-
approve to "disapproves."

The amendment was agreed to.

Mr. WOOLWORTH. Your com-
mittee have examined the executive
article and report as follows: That it
be entitled "Executive Department"
and numbered article IV.

The report was adopted,

Mr. WOOLW^ORTH. It is pro-
posed to insert the word last in the
third line.

The amendment was agreed to.

Mr. WOOLWORTH. Amend sec-
tion 6 by striking out the word three,
in the fifth line and insert "two;" and
insert the word of before the words
"this state," at the end of the sec-
tion.

358 EEVISION AND ADJUSTMENT

Thursday] WOOLWORTH— THOMAS

The amendment was -agreed to.

Mr. WOOLWORTH. In the elev-
enth line of the eleventh section, to
strike out "shall be" and insert the
word is, and in the thirteenth line
to insert the word all before the
words "the senators."

The amendment was agreed to.

Mr. WOOLWORTH. In the second
line of the thirteenth section, to in-
sert the word the before the word
power; and in the twenty-first line
of the same section to insert the word
shall in place of may.

The amendment was agreed to.

Mr. WOOLWORTH. To insert in
the fourteenth section the words "and
navy forces" after the word military.

The amendment was agreed to.

Mr. WOOLWORTH. To insert at
the end of section 16 the words "and
every order, resolution or vote in
which the concurrence of both houses
shall be necessary."

The amendment was agreed to.

Mr. WOOLWORTH. To amend
the eighteenth section by striking
out the last sentence.

The amendment was agreed to.

Mr. WOOLWORTH. In section 21
insert in fifteenth line "provided" for
"prescribed."

Agreed to.

Mr. WOOLWORTH. In section
24 strike out "public" in twenty-
seventh line, before "buildings" and
insert "public" before "lands."

Mr. WOOLWORTH. In seven-
teenth line of twenty-fifth section
strike out "with fidelity."

Agreed to.

Mr. WOOLWORTH. Strike out
^'said" in forty-second line of twenty-
sixth section.

[August 17

Agreed to.

Mr. THOMAS. Mr. President, your
committee on revision and adjust-
ment would report that they have
carefully examined the article en-
titled "The Judicial Department,"
and recommend the following cor-
rections, to-wit:

In second line of section 1 strike
out "one" and insert "A."

Agreed to.

Mr. THOMAS. In the sixth line of
sect on 10 strike out the word and.
Agreed to.

Mr. THOMAS. In the eighth line
of the fifth subdivision of section 10
strike out the word judicial.

Agreed to.

Mr. THOMAS. In section 11, line
nine, change "bounds" to "bound-
aries." In twelfth line, after the
word members, insert "elected to."

Agreed to.

Mr. THOMAS. In first line of sec-
tion 12 insert at beginning the word
the.

Agreed to.

Mr. THOMAS. Strike out section
2 7 and add the following to section
14: "Nor shall any salary or otlipv
compensation be paid by the state to
any county judge."

Agreed to.

Mr. THOMAS. In section 16, after
the word of, in twelfth line, insert
"not less than."

Agreed to.

Mr. THOMAS. In twelfth line
strike out "and upwards."
Agreed to.

Mr. THOMAS. In fifteenth line
strike out "to sell real estate" and in-
sert "in sales of real."

Agreed to.

PRINTING AND BINDING

359

THOMAS— CAMPBELL^HASCALL— WILSON [August 17

Thursday]

Mr. THOMAS. In sixteenth line
strike out "in sales of real estate."
Agreed to.

Mr. THOMAS. In section 18,
lines thirteen and fourteen, strike
out the words "cause involving the
title to real estate" and insert "mat-
ter wherein the title or boundaries of
land may be in dispute."

Agreed to.

Mr. THOMAS. In section 21,
line seventeen, after the word
legislature, insert the words "at
each regular session," and before the
word legislature strike out "rest."

Agreed to.

Mr. THOMAS. In section 2 3
change the word annual to "general."
Agreed to.

Report of Printing Committee.

Mr. CAMPBELL. The committee
on printing desire to make the fol-
lowing report.

The secretary read the report, as
follows:

Mr. President, your committee on
printing and binding, to whom was
referred the resolution relating to
the printing and distribution of the
constitution, most respectfully re-
port the following for the considera-
tion of the convention.

J. C. CAMPBELL,

Chairman.

Resolved, That the secretary of
state be directed to have printed
forthwith, in pamphlet form, 15,000
copies of the address and constitu-
tion in the English language, and
3,0 0 0 copies of the same in the Ger-
man language; and that they be ex-
pressed, in equal numbers, at the
public expense, to the members of
the convention.

* 2. Resolved, That the secretary
of state be instructed to furnish to

each weekly newspaper in the state,
at the earliest practicable moment,
two printed copies of the address and
constitution for publication, to be
paid for out of an appropriation to
be made by the first legislature that
shall convene under this constitu-
tion. Provided, That no paper
shall receive more than twenty-five
dollars for the same.

3. Resolved, That the secretary
of this convention be, and is hereby
authorized to prepare a copy of the
journal of proceedings of this con-
vention and an index of the same for
publication, at a cost not exceeding
three hundred dollars; and that he is
hereby charged with the revision and
proof reading of the same, for which
he shall receive the sum of three
hundred dollars [$3] per day.

4. Resolved, That the secretary
of state be, and he is hereby, au-
thorized to advertise for bids for the
publication of the .iournal and de-
bates of this convention for four con-
secutive weeks; and that he be, and
is hereby required to contract with
the lowest bidder for doing said
work.

5. Resolved, That one of the re-
nortprs of this convention be, and is
hereby authorized to prepare an in-
dex to the debates of this body to be
published therewith, and that he be
allowed a sum not exceeding — —
dollars for the same, and that
he shall be charged with the re-
vision and proof reading of said de-
bates and index, for which he shall
receive the sum of three hundred
dollars [$3] per day.

6. Resolved, That when the jour-
nal and ■ debates of this convention
shall be published, that the secre-
tary of state shall cause to be for-
warded to each member of this con-
vention two copies of each.

Mr. HASCALL. I move that the
report be referred to the committee
of the whole.

Mr. WILSON. I move we resolve
ourselves into committee of the

360 APPORTIONMENT OF SCHOOL FUNDS

Thursday] ESTABROOK— CAMPBELL— KIRKPATRICK—EATOX—HASCALL— [August 17

WOOLWORTH

whole for the consideration of that
report.

Petition

Mr. ESTABROOK. I have a me-
morial I would like to offer.

The secretary read the memorial,
as follows:

To the honorable, the constitu-
tional convention of Nebraska, now
in session:

Your memoralists. the State Teach-
ers' Association of Nebraska, believ-
ing that the public welfare is in-
timately connected with the success-
ful conduct of the public school sys-
tem of the state, and believing that
the great object of that system is the
training of the children of the state
for the exercise of the privileges and
the performance of the duties of cit-
izenship; and, whereas, the manner in
which the apportionment of school
money will affect the public inter-
ests in proportion as it secures the
-education of youth, and not in pro-
portion to the number of dollars and
cents apportioned to each pupil for
that object; and, whereas, there is
no county in the state in which there
are not school districts that will be
obliged to abandon their organiza-
tion from an inability to sustain a
school if the apportionment be based
on the number of youth enumerated.
Therefore,

We, your memoralists, respectfully
and earnestly pray that the conven-
tion will not incorporate into the
constitution to be submitted to the
people any clause that will so deter-
mine the specific mode of distribut-
ing the school money; that the leg-
islature shall not [?] have power to
make any adjustment that experi-
ence shall prove to be for the best
interests of the state and the cause of
education. And your memoralists
will, in duty bound, ever pray.

.J. J. Mckenzie,

President.
A. M. GHOST,

Secretary.

Mr. CAMPBELL. I move that the
memorial be referred to the com-
mittee on schools.

The motion was agreed to.
Resolution

Mr. KIRKPATRICK. I have a
resolution I wish to offer.

The secretary read the resolution,
as follows:

Resolved, That the chairmen of
the committees of this convention
ought to return to the convention all
petitions, memorials and proposi-
tions to amend the constitution that
have been referred to them, to the
secretary of the convention, and de-
posited in the office of the secretary
of state. -1

Mr. KIRKPATRICK. The people
have spoken to this convention and
expressed their views with regard to
constitutional methods, by the peti-
tions, memorials and resolutions; and
I think they ought to be returned and
deposited as my resolution demands.

Mr. EATON. Those memorials
will be of no use. They will all ap-
pear in the journal when published.

Mr. HASCALL. I hope this will
not be adopted. In the first place,
there is a record kept by the secre-
taries of the substance of them, and
where parties introduced resolutions
they are in full, and besides, the re-
porters have them both in full.

The resolution was agreed to.
Report From Revision Committee

Mr. WOOLWORTH. Mr. Presi-
dent, your committee on revision
have examined the article on Rights

;!] . Wliy t\w mjuiy uiiintclliniblo coniniuni-
oatioiis to tlio convention, sucli ti.s this ono.
won> not rovisod, tlion nnd thcro, scorns in-
cxi)]ic;iblc. 1'lic mover of llic resolution prob-
ably intended that U sliould direct tbo chair-
men of conimiltees to return the papers in
(luestion to the secretary of the convrntVon,
to be by him deposited in the ofTico of the
secretary of state, — Ed.

EAILEOAD CORPORATIONS 361

WAKELEY— BALLARD— MASON— BOYD— ROBINSON [August 17

Thursday]

3f Suffrage, and recommend as fol-
lows:

1. That said article be numbered
VI, and be entitled "Rights of Suf-
frage."

2. In the fourth line of section
one strike out "and" before "ward,"
and insert "or;" and insert "and"
before ' precinct."

3. Amend section 2, so that it
will read, as follows:

No person shall be qualified to
vote who is or shall be under guar-
dianship, non compos mentis, or con-
victed of treason or felony under the
laws of this state or of the United
States, unless restored to civil rights.

4. Insert the word or before "of
this state," in the fourth line of the
third section, and strike out of said
section, at the end thereof, the words
"or in the military or naval service of
the United States."

The amendment was agreed to.

Motion to Reconsider

Mr. WAKELEY. On yesterday
the gentleman from Otoe moved to
reconsider the vote by which the ar-
ticle on municipal corporations was
adopted, for certain purposes which
iie named, and I move the motion be
now considered.

The PRESIDENT. Will the gen-
tleman from Pawnee (Mr. Stewart)
take the chair.

The PRESIDENT pro tempore. The
question now before the convention
is the motion to reconsider the vote
by which the article on railroad
3orporations was ordered engrossed
for its third reading.

Mr. BALLARD. Mr. President,
before that is put I wish to know the
Dbject of it.

Mr. MASON. The gentleman will
:urn to the second section of the ar-
ticle. I propose to amend by strik-

ing out the words "shall be consid-
ered personal property and."

The PRESIDENT pro tempore. The
clause can be stricken out by unani-
mous consent.

Consent given and words "shall be
considered personal property and,"
in the second line of the second sec-
tion, were stricken out.

Mr. MASON. Mr. President, there
is another section in this article in
respect to which I have some seri-
ous doubts as to the propriety of
allowing it to remain. I move to
strike out the words "or by authority
of the general government," in the
second line of the first section. I
desire to say that this amendment
will relieve this section of what may
be an unwarrantable attempt to in-
terfere with what may be considered
to be the agent of the general gov-
ernment— the Union Pacific railroad.
There is no disposition on my part to
relieve any corporation of its liabil-
ities in the way of taxes, or any other
way, but I do not want to write my-
self down in this article an igno-
ramus or an ass.

Mr. BOYD. Mr. President, I wish
to amend section 3 so that it
will not require that a majority of
the directors of railroad corporations
shall reside in this state. I think
this provision will have the effect
of keeping capital out of the state.

The PRESIDENT pro tempore.
This cannot be entertained without
unanimous consent.

Mr. BOYD. Mr. President, I move
a reconsideration of the vote by
which this bill was engrossed.

Mr. ROBINSON. I hope this
amendment will carry and the mo-

362 EAILEOAD CORPORATIONS

Thursday] WOOLWORTH— EATON— TOWLE— BOYD

tion to consider will prevail. The
only object of railroads is to act as
common carriers, and to secure that
advantage to us I am willing that
foreign capital may be employed.
Now, sir, after we have got the rail-
roads here, I would like to know how
they can take them out of the coun-
try? If there was any probability of
that then there might be some reason
for this provision; but, as it is, it
will hinder and obstruct these cor-
porations, and for that reason it
ought to be struck out. If foreign
directors furnish capital, then, sir,
they ought to be allowed to control
that capital.

Mr. WOOLWORTH. Mr. Presi-
dent, when this matter was called to
my attention before, although I never
had the opportunity to vote upon it,
L was decidedely in favor of the prop-
osition; but further reflection has
led me to think differently. It is
not true, sir, that it is necessary to
have these directors live in the state
in order to control these roads. The
courts and power of this state can
reach these corporations more effect-
ually by laying their hands upon the
property within the state than upon
the men; and when they refuse to
do what is right I will go as far as
any man to make them do it. But 1
don't think this provision will ac-
complish what is designed by it. It
will have the effect to make them
send strong men here to carry out
the intentions of these directors. If
there was any good in it I would be
in favor of it; but I don't see that it
will do the least good.

Mr. EATON. There is a similar
provision of this kind in the consti-

[August 17

tution of the state of Missouri, and
that provision has done more than
anything else to keep the Hanibal &
St. Joe railroad from crowding out
every other railroad in the state.

Mr. WOOLWORTH. I wish to ask
the gentleman if he don't think Jim
Craig does just what the Boston cap-
italists tell him to do?

Mr. EATON. I have no doubt that
he does, sir. The Boston capitalists
own a great share of the Hannibal
& St. Joe road, and tried to cut off
all the resources of the North Mis-
souri road, but were prevented doing
so by the railroad law of Missouri.

Mr. TOWLE. Mr. President, it ap-
pears to me this portion of the con-
stitution would keep foreign capital
out of the state of Nebraska. Let us
cast our eyes over the various enter-
prises in this state, from the Nemaha
to the Loup, and tell me what rail-
road is operated and owned, even in
part, by Nebraska capitalists. I be-
lieve the Midland Pacific is the only
one owned in the slightest part by
residents of Nebraska.

Mr. BOYD. Both the Omaha
roads are owned by Nebraska men.

Mr. TOWLE. Take, for instance,
the road coming up through south-
ern Nebraska. They have already ex-
pended $1,000,000, and have just
reached the county line; they pro-
pose going on and expending two or
three million dollars more in the
state. Is it right to tell those men
that they must do it indirectly? I
do not know that it would have any
great effect towards injuring their
capital. Now, sir, it would be just
as reasonable, in my judgment, to
require a man who is doing a mer-

EAILROAD CORPORATIONS

363

Thursday] LAKE [August 1-

cantile business in the state, if in
Lincoln, that he is to reside there.
Just as proper to say to an individual
who owns a piece of land that he
shall not own it unless he lives with-
in the limits of the state. I do not
believe geographical limits should
regulate capital: it should go wher-
ever it pleases. I believe the sec-
tion will work a greater injury to the
people of the state than to these
corporations. I hope the article will
be reconsidered and the objectionable
portion stricken out.

Mr. LAKE. Mr, President, could I
see any good reason why a provision
of this kind should be retained in
the constitution I most certainly
would oppose a reconsideration and
oppose striking it out, but I can see
none. I have heard none advanced.
I believe I was not here when the
discussion was had on this proposi-
tion heretofore. I agree with my col-
league (Mr. Woolworth) when he
states that those roads built within
our state in pursuance of laws en-
acted by our legislature are just as
completely within the control of our
legislature as thou.gh the directors
resided here. I can see no difference,
no advantage to be gained by this
unusual requirement; but I can see,
as the gentleman from Richardson
(Mr. Towle) says he sees, positive
disadvantage. Now, sir, I would be
perfectly willing for a company to
organize outside the state and, in pur-
suance of our own state laws, build
a road through any portion of our
territory where a road should be de-
sirable; and most certainly no road
will be built by foreign capital un-
less it is thought by those capital-

ists furnishing the means that it will
be valuable, that it will result in the
future to their good and to
their advantage. I would not
throw any impediment in the way of
foreign capital coming to our state.
I would not engraft upon the consti-
tution, nor upon any act of the leg-
islature any provision which would
tend to keep foreign capital out of
the state. We need it. Our roads,
thus far, have been built through the
aid of foreign capital, and even those
roads owned by our own people are
substantially pledged to foreign cap-
italists in order to obtain the means
wherewith to build them, to a greater
or less extent. And provisions which
.we may engraft upon the constitu-
tion should be of that character
which should invite, rather than re-
pel capital which is owned abroad.
It seems to me, Mr. President, that
no one principle should [could] be en-
grafted in our constitution that
would have a more direct tendency
to prejudice capitalists residing
abroad against the idea of bringing
their capital here than this, and like
provisions. Now, sir, I would ask,
are not all the roads built within our
state, built in pursuance of acts of
our own legislature, completely with-
in their control just as much as
though the directors resided here?
I think so, most certainly. As my
colleague well said, the state author-
ities, by means of our courts, can
take hold of these corporations by
seizing their property, all that they
have within the state subject to the
judgment of our courts. Is not this
sufficient? Is not this adequate to
completely control them in such man-

364 . EAILROAD COEPOEATIONS

Thursday]

BOYD— MASOX— GRAY— TOWLE—MAXDERSOX—HASCALL

[August 1'

iier as the legislature may determine?
I ^vas sorry to see such a provision
engrafted on this article, and I am
very glad for the opportunity to as-
sist in rectifying what I believe would
be a great evil, and shall vote in favor
of striking it out.

The PRESIDENT pro tempore.
The question is on reconsideration.

The motion was agreed to.

Mr. BOYD. Mr. President, I move
to strike out all after the word law,
in fourth line of third section.

The motion was agreed to.

Mr. MASON. I demand the ayes
and nays.

The PRESIDENT pro tempore. The
motion was declared carried.

Mr. MASON. Then I ask permis-
sion to • have my protest go on rec-
ord.

"Leave! Leave I Leave I"

The PRESIDENT pro tempore. Tiie
gentleman has leave.

Mr. GRAY. Mr. President, I move
to suspend the rules and put the bill
on its passage.

The motion was agreed to.

The PRESIDENT pro tempore. Tlie
question is on the passage of the ar-
ticle. All favoring its passage will
say aye as your names are called;
contrary, nay.

The secretary called the roll and
the president announced the result,
yeas 3 2, nays 6, as follows:
YEAS.

Abbott, Kenaston,
Ballard, Kilburn,
Boyd, Lake,
Cassell, Lyon,
Estabrook, Majors,
Gibbs, Manderson,
Granger, Myers.
Gray, Newsom.
Griggs, Philpott,

Price, Stewart,

Reynolds, Thummel,

Robinson, Tisdel,

Shaff, Towle,

Sprague, Vifquain,

Speice, Wakeley,

Stevenson. AVool worth. — 3 2.

NAYS.

Campbell, Kirkpatrick,

Eaton, Mason,

Hascall, Neligh. — 6.

ABSENT OR NOT VOTING.

Curtis, Parchen,

rrenell, Parker,

Hinman, Scofield,

Ley, Thomas,

McCann, Weaver,

Maxwell, Wilson,
I Moore, Mr. President. — 1^

I So the [article was adopted] bil
i was passed.

Mr. TOWLE. Mr. President,

move the article be referred to th(

committee on revision and adjust
' ment.

! The motion was agreed to.

Temperance
The PRESIDENT pro tempore. Thi
secretary will read the article oi
temperance.

The secretary read the article, a;
follows:

The legislature shall provide b;
general laws for submitting to th<
electors of counties, cities or towns
in the state, the question of "license'
or ' no license," and shall prescrib(
the manner of carrying into effec
I the will of the people so expressed

The PRESIDENT pro tempore. Th(
question is on the adoption of th*
article.

Mr. MANDERSON. I find by re
ferring to the original report of th(
committee on temperance that [it;
recommended that it be embodied ii
the constitution, and yesterday w<
voted for it as a separate article.

.Mr. HASCALL. Yes, I know we did

LOCAL OPTION

365

Thursday] MASON— HASCALL—PHILPOTT—KIRKPATRICK—WAKELEY— [August 17

BOYD— STEWART

Mr. MASOX. I move that it be put
upon its passage as a separate prop-
osition.

Mr. HASCALL. I object. The
ayes and nays have been demanded.

Mr. PHILPOTT. It was well un-
derstood that it was to be put as a
separate proposition.

The ayes and nays being demanded
the secretary called the roll.

The president pro tempore an-
nounced the result, ayes 21, nays 2 0,
as follows:

YEAS.

Ballard,

Moore,

Campbell,

Neligh,

Cassell,

Newsom,

Gibbs,

Philpott,

Griggs,

Price,

Kenaston,

Reynolds,

Kilburn,

Stewart,

Kirkpatrick,

Sprague,

Lyon,

Shaft,

Majors,

Tisdel. — 21.

Mason,

NAYS.

Abbott,

Robinson,

Boyd,

Speice,

Eaton,

Thomas,

Granger,

Thummel,

Gray,

Towle,

Hascall,

Vifquain,

Lake,

Wakeley,

Manderson,

Wilson,

Myers,

Woolworth,

Stevenson,

Mr. President. — 20

ABSENT

OR NOT VOTING.

Curtis,

Maxwell,

Estabrook,

Parchen,

Grenell,

Parker,

Hinman, Scotield,
Ley, V/eaver. — 11.

McCann,

So the article passed.

Mr. KIRKPATRICK. I move to
^refer it to the committee on sched-
^ ule to be submitted as a separate
proposition.

The motion was agreed to.

Resolution

Mr. WAKELEY. I have a reso-
lution.

The secretary read the resolution
as follows:

Resolved, That the official reports
of the debates and proceedings of
this convention shall, on the com-
pletion thereof, be placed in the cus-
tody of Messrs. Robinson, Philpott
and Cassell, who shall carefully pre-
serve the same until they shall have
offered to all members of the con-
vention an opportunity to revise
their remarks if they shall desire to
do so, and shall then deposit the
same with the secretary of state.

Mr. MASON. I move its adop-
tion.

Mr. HASCALL. I move to refer
to the committee of the whole.
The motion was agreed to.

Adjournment

Mr. BOYD. I move to adjourn
j until 3 o'clock.

I The motion was agreed to, and
I the convention (at 12 o'clock and 25
'minutes) adjourned.

Afternoon Session

The convention was called to or-
der at 3 o'clock by the president.

Mr. STEWART. Mr. President, I
move to reconsider the vote by
which we refused to reconsider the
vote whereby the article on coun-
ties was adopted.

Revision and Adjustment

The PRESIDENT. Will the gen-
tleman from Pawnee (Mr. Stewart)
give way for a moment, until the
chairman of the committee on revis-
ion and adjustment can make his re-
port?

366 REVISION AND ADJUSTMENT

Thursday] STEWART— WOOLWORTH—ESTABROOK

Mr. STEWART. Certainly, sir.

Mr. WOOLWORTH. Mr. Presi-
dent, your committee have had un-
der consideration the article on Ed-
ucation, School Funds and Lands,
and recommend that this article be
numbered vi, and entitled "Educa-
tion."

The recommendation was agreed

to.

Mr. Woolworth read a few slight
alterations which had been made in
the article, all of which were agreed
to.

6. In the first line of section 6,
after the word university, strike out
the word lands, and in the second
line of said section strike out the
word lands wherever it occurs.

The amendment was agreed to.

7. To strike out of the fourth
line of the same [seventh] section,
the words "which hereafter," and af-
ter the word may, the word hereafter.

The amendment was agreed to.

8. Strike out of the twelfth and
thirteenth lines of section 7 [8] the
words "as trustees."

The amendment was agreed to.

9. Strike out the thirteenth line
of the ninth s-ection the word ex-
cept, and insert "but may be reim-
bursed their expenses."

The amendment was agreed to.

10. Strike out of the second line
of the tenth section the words "a
state," and insert "the," and insert in
the third line of said section, before
the word and, the words "of public
instruction."

The motion was agreed to.

11. Strike out of the third and
fourth lines of section 11 the words
"ex officio."

[August 17

Mr. ESTABROOK. I object to
that, Mr. President. Those words
were put in after considerable dis-
cussion.

Mr. WOOLWORTH. The idea of
the committee was that when the
constitution created an officer and
fixed his duties, he must do them
by virtue of his office. I don't think
these words are necessary.

Mr. ESTABROOK. With that un-
derstading I have no objection.

The amendment was adopted.

12. Strike out of the fifth line
of section 13 the word of, before
"any."

The amendment was agreed to.

Mr. WOOLWORTH. Mr. Presi-
dent, your committee on revision
have examined the article on revenue
and finance, and recommend,

1. That said article be numbered
Article XIII, and entitled "Finance
and Revenue."

The recommendation was agreed

to.

2. The committee recommend that
section 3 be amended in the
nineteenth and twentieth lines by
striking out the words "for the en-
couragement of agriculture and hor-
ticulture." The committee was of
the opinion that it was unnecessary
to state in the constitution why the
exemption is made, leaving the en-
couragement as it is, of course.

The amendment was agreed to.

a. At the end of this section to
strike out of the twenty-seventh and
twenty-eighth lines the words "of
such lands for purposes of taxation."
and insert in place thereof the word
thereof.

The amendnuMit was agrin-d to.

LOCATION OF COUNTY SEATS

367

Thursday] GRAY— KENASTOX— WEAVER^TOWLE— SPRAGUP: [August 17

4. That the fourteenth section be
amended in the fourth, fifth and
sixth lines, by striking out the words
"and thereupon be transmitted," and
insert ' and be approved by," and
strike out of the sixth and seventh
lines of said section the words "for
his revision and approval."

The amendment was agreed to.

The PRESIDENT. Will the gen-
tleman from Douglas (Mr. Hascall)
take the chair for a moment.

The PRESIDENT pro tempore.
Gentlemen, the question is on the mo-
tion of the gentleman from Pawnee
(Mr. Stewart) to reconsider the vote
by which the convention refused to
suspend the rules to take up the bill
on counties.

Mr. GRAY. Mr. President, was
•not the same motion made on yes-
terday for the same purpose?

The PRESIDENT pro tempore. The
secretary informs me that the mo-
tion on yesterday was to reconsider
the motion by which the article was
adopted.

Mr. KENASTON. Mr. President,
there have been several attempts
made to change that because some
gentleman feels a little sore over the
question. I think it is entirely out
of order.

Mr. WEAVER. Mr. President, it
seems to be the understanding of
some gentlemen that this provision
is a pet scheme of mine. It does not
affect me in any way. I would
just as soon it had never been re-
ported.

Mr. TOWLE. Mr. President, the
gentleman from Nemaha ( Mr.
' Thomas ), who addressed us yester-
day, made use of some language

which i take exception to; but today,
the question having come up again
collaterally, I desire to reply to some
language the gentleman threw out
yesterday. Not only in his intima-
tions upon the floor of this conven-
tion, and [but] on occasions out of
this convention he has repeatedly
charged the delegates of Richardson
county with being instrumental in
placing this provision in relation to
the ten mile clause. Now the dele-
gates from Richardson county sup-
ported it from a feeling of principle,
and not that the rule would apply to
our county: for it could not apply to
that county because the present
county seat is less than ten miles
from the center of the county.

Mr. SPRAGUE. Mr. President, I
hope this motion will not prevail.
Take my own county: we have there
a county seat right in one corner, —
within a mile and a half of the corner
of the county, something like forty-
five or fifty miles . Now, sir, I ask

you, is it just to that portion of the
county living in an extreme corner
that they should be compelled to go
clear across their county for the pur-
pose of doing their county business?
I hope it will not be reconsidered.

The ayes and noes being demanded,
the secretary proceeded to call the
roll.

Mr. WEAVER, when his name was
called. I shall vote for this; but
when you come to the two-thirds,
if there is anything more attemped
than to reconsider the proviso, I shall
vote against it. I vote aye.

The president announced the re-
sult, ayes 2 0, nayes 10, as follows:

368

LOCATION OF COUNTY SEATS

Thursday]

BALLABD— GRAY— SeOFIELD—KIRKPATRICK— WILSON-
THOMAS— MAJOES

[August 17

Boyd,

Campbell,

Cassell,

Estabrook,

Granger,

Lyon,

Majors,

Manderson,

Myers,

Newsom,

Abbott,

Ballard,

Eaton,

Gibbs,

Gray,

Kenaston,

Kilburn,

Kirkpatrick,

YEAS.
Price,
Stewart,
Speice,
Shaff,
Thomas,
Tisdel,
Vifquain,
Wakeley,
Weaver,
Woolworth.-

NAYS.

Maxwell,

Neligh,

Stevenson,

Sprague,

Scofield,

Thummel,

Towle,

Wilson. — 16,

-20.

Newsom,
Parchen,
Philpott,
Price,

j Bobinson,
Stevenson,
Stewart,
Sprague,
Scofield,
Speice,

' Shaff

Curtis,

Grenell,

Griggs,

Hinman,

Lake,

ABSENT OR NOT VOTING.

Curtis,

Grenell,

Griggs,

Hascall,

Hinman,

Lake,

Ley,

McCann,

Mason,

Moore,

Parchen,

Parker,

Philpott,

Reynolds,

Robinson,

Mr. President.

-16

So the motion to reconsider was
agreed to.

The PRESIDENT. The question
now is upon the suspension of the
rules.

Call of the House.

Mr. BALLARD. 1 move a call of
the house.

The secretary called the roll, as
follows :

• Present
Abbott, Hascall,
Ballard, Kenaston,
Boyd, Kilburn,
Campbell, Kirkpatrick,
Cassell, Lyon,
Eaton, Majors,
Elstabrook, Manderson,
Gibbs, Maxwell,
Granger, Myers,
Gray, Neligh,

Thomas,
Thummel,
Tisdel,
Towle,
Vifquain,
Wakeley,
Weaver,
Wilson,
Woolworth,
Mr. President. -

Absent.
Ley,

McCann,
Mason,
Moore,
Parker. — 10.

-4 23i

Mr. GRAY. I move that all fur-
ther proceedings under the call be
dispensed with.

The convention divided and the
motion was not agreed to.

^Ir. SCOFIELD. I move to ad-
journ until 4 o'clock.

Mr. KIRKPATRICK. I move that
all further proceedings under [the]
call be dispensed with.

The motion was agreed to.

Mr. WILSON. I move we adjourn.

Mr. GRAY. I move the previous
question.

The PRESIDENT. The ayes and
noes are called upon the motion
made to suspend the rules, that we
may reconsider the proviso.

Mr. THOMAS. I move we reconsid-
er the vote by which the proviso to
section 1 was adopted.

The PRESIDENT. You cannot re-
consider a part. It must be the whole
article, and the (lucstion now is to
suspend the rule.

Mr. MAJORS. I wish to say that
while it may be true we have to
reconsider or suspend the rule before

32. A miscount.
pre.sent.— Ed.

I'robably Reynolds

LOCATION OF COUNTY SEATS

369

Thursday] SPRAGUE— THOMAS— STEWART— MAXWELL [August 17

we can reach article number one, we
may, of course, as friends and per-
sons interested to have that pro-
viso reached, say to gentlemen here
that that is the only object for which
we ask the suspension of the rule.

Mr. SPRAGUE. Mr. President, I
wish to inquire if this vote, by which
the article was adopted, is reconsid-
ered, does it not leave the article
open to amendment?

The PRESIDENT pro tempore,
No, sir.

The yeas and nays being demand-
ed, the secretary called the roll.

The president announced the re-
sult, yeas 2 7, nays 14, as follows:

YEAS.

Boyd,

Campbell,

Cassell,

Eaton,

Estabrook,

Griggs,

Hascall,

Lake,

Lyon,

Majors,

Manderson,

Moore,

Myers,

N^ewsom,

A^bbott,

Ballard,

jibbs,

[Jray,

iCenaston,

^ilburn,

Kirkpatrick,

Parchen,

Philpott,

Price,

Robinson,

Shaff,

Speice,

Stevenson,

Stewart,

Thomas,

Tisdel,

Vifquain,

Wakeley,

Weaver. — 27.

NAYS.

Maxwell,

Neligh,

Scofield,

Sprague,

Thummel,

Towle,

Wilson. — 14.

ABSENT OR NOT VOTING.

Curtis,

Granger,

Srenell,

Hinman,

l^ey,

McCann,

Mason,
Parker,
Reynolds,
Woolworth,
Mr. President.

-11

So the vote by which the article
on counties was adopted was recon-
sidered.

Mr. THOMAS. Mr. President, I
desire to call up the report of the
committee on municipal corporations,
which was referred to that commit-
tee yesterday. One of the sections
reads as follows:

Every municipal, and every
county officer, paid in whole or in
part by fees, shall be required to
make a report, semiannually, un-
der oath, to some officer to be des-
ignated by law, of all their fees and
emoluments; and such fees and
emoluments, exclusive of necessa^^y
clerk hire, shall not in any one year
exceed the sum of $2,500, and all
excess over that sum shall be paid
into the treasury of the county or
city in which such officer shall re-
side.

The PRESIDENT pro tempore. No
objection being made, it will be
taken up, but I believe, by the rules,
it is to be taken up in committee of
the whole.

Mr. STEWART. Mr. President, I
move we go into committee of the
whole for the purpose of consider-
ing the section.

Mr. MAXWELL. I move to amend
the motion by adding "and also con-
sider the report of the committee
on printing and binding."

Mr. STEWART. I accept the
amendment.

The PRESIDENT pro tempore.
The question is upon the motion of
the gentleman from Pawnee (Mr.
Stewart) as amended.

The motion was agreed to.

So the convention went into com-
mittee of the whole, with Mr. Kirk-
patrick in the chair.

370 MUNICIPAL COEPORATIONS

Thursday] ROBINSOX—THOMAS—HASCALL— MAXWELL— GRIGGS— BOYD

The CHAIRMAN. The section in
the article on municipal corpora-
tions, which is to be considered,
reads as follows:

Every municipal, and every coun-
ty officer, paid in whole or in part
by fees, shall be required to make
report semiannually, under oath, to
some officer to be designated by law,
of all their 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 that sum
shall be paid into the treasury of the
county or city in which such officer
shall reside.

Mr. ROBINSON. Mr. Chairman, I
offer a substitute for the section.

The chairman read the proposed
substitute, as follows:

In all cases where fees are re-
quired to be paid [to] county and
municipal officers as compensation
for their services, no other compen-
sation shall be allowed to said of-
ficers, but the legislature shall, at its
first regular session after the adop-
tion of this constitution, fix by gen-
eral law a maximum to be allowed
such officers in fees, and which shall
not be changed during their term
of office, and require the excess to
be paid quarterly into the county
treasury.

Mr. ROBINSON. Mr. (Miainnan, 1
have some reasons, whicli I would
like to give, for thinking that the
substitute is better than the section
read. This substitute proposes that
the legislature shall fix a maximum
salary for these officers: it pro-
vides that this salary shall not bo
changed during their term of office.
Now the section provides that thoy
shall not be paid over $2,500 a year,
exclusive of clerk hire. It seems to
me that if a county official desires
to dodge that point he can claim that

[August r

he pays out a larger amount for clerk
hire than he really does. Then,
again, the county clerk of Douglas
county will undoubtedly require a
larger salary than the clerk of
Lancaster county. The salaries of
these officials must be fixed by some
sort of sliding scale.

Mr. THOMAS. Mr. Chairman, for
my part I am perfectly satisfied with
the substitute, but I think it is quite
evident that we need some such pro-
vision in our constitution

Mr. HASCALL. Mr. Chairman, ]
hope the substitute will be accepted.
The business done in the different
counties varies; in some it is abso-
lutely necessary to have a clerk
hired; in others it is not.

Mr. MAXWELL. I think the sub-
stitute is as good as the original re-
port of the committee. That says
that he must make a sworn report,
and that sum, including the neces-
sary clerk hire, must not exceed $2,-
5 00.00. I am sure that some of these
offices are very lucrative. In some
counties they are worth from $5,000
to $6,000. I say we ought to fix a
maximum, and if $2,500 is not
enough, let us fix it to what it ought
to be.

Mr. C Rices. Mr. Cliairman, I
like the substitute better than the
report of the committee. I think we
ought to huive this in the hands of
the legislature, and not try to fi\" a
maximum here.

Mr. lUA^I). Mr. (^hairnian. I
would like to hear the substitute
read again.

The cliairtuan vv'.\(\ ihv substitute
as follows:

MUNICIPAL CORPORATIONS 371

GIBBS— MOORE— GRIGGS— STEVENSON [August 17

Thursday]

In all cases where fees are re-
quired to be paid to county or munic-
ipal officers as compensation for
their services, no other compensa-
tion shall be allowed to said officers;
but the legislature shall, at its first
regular session after the adoption of
this constitution, fix, by general law,
the maximum to be allowed to said
officers in fees, and which shall not
be changed during their term of of-
fice, and require the excess to be paid
quarterly into the county treasury.

Mr. GIBBS. Mr. Chairman, that
would be hardly fair for the county
clerks in some small counties, where
they have but little to do. They
should have a salary. It is $400
now.

Mr. MOORE. Mr. Chairman, I
thing this is perfect nonsense. I see
no reason why we should continue to
legislate for the legislatures of the
next twenty years.

Mr. GRIGGS. Mr. Chairman, I
would like to ask the committee the
privilege of reading from the Omaha
Bee.

"The constitutional convention
should remember that the world is
often governed too much. Any at-
tempt to interfere with the privilege
of the people to legislate for them-
selves through representatives, as ex-
igencies may from time to time arise,
will meet with rebuke at the ballot
box, which threatens seriously to de-
stroy the entire constitutional fab-
ric, spun and woven at such great
expenditure of time, money, and,
above all, invaluable brains."

The CHAIRMAN. The question is
on the substitute.

The substitute was not agreed to.

The CHAIRMAN. The question is
on the adoption of the report of the
^committee.

Mr. STEVENSON. Mr. Chair-
man, I was at church last Sunday,
and during service heard this read:

"We have done those things which
we ought not to do, and left undone
those things which we ought to have
done, and there is no help in us.
Have mercy upon our souls, miser-
able offenders." 33 So I think, Mr.
Chairman, it will be when this con-
stitution goes out: there will be a
great many things which we ought
to have done and a great many things
which we ought not to have done,
and we will have to cry for mercy.
I do not want to see any of these
things go into the body of this con-
stitution which can be left to the
legislature just as well as not. They
have complete power, as I under-
stand it, to provide laws regulating
these fees and salaries for county of-
ficers, and why not leave it with
them? Most assuredly they can do
it just as well as this convention;
and I think it is a new wrinkle en-
tirely to place this limit in the or-
ganic law.

3.3. If the "gentleman from Cuming" really
went to church, as he says, instead of the
words he undertook to quote, he heard these,
in the order of morning prayer: "We have
left undone those things which we ought to
have done, and we have done those things
which we ought not to have done, and there
is no health in us." In quite another part
of the service — the litany— he heard this, oft
repeated: "Have mercy upon us miserable
sinners." Inasmuch as these selfsame words
have been repeatd in the Anglican church for
nearly five centuries and in the Protestant
Episcopal church for more than one century,
it would seem worth while to have quoted
them correctly. — Ed.

34. If Mr. Stevenson could have looked
into the future some forty years he Avould
have understood that the tendency to mject
measures into the constitution which there-
tofore had been left to legislative enactment
was due to an incipient suspicion that leg-
islatures were not truly representative bodies
which has just now culminated in a positive
belief or principle: and which, in turn, has
lately been manifested in the enormous mass
of legislation incorporated in the constitution
of Oklahoma: and in the assnmntion by the
people of many states of direct legislation
through the device of the initiative and the
referendum . — Ed .

372

ADVEETISING THE CONSTITUTION

Thursday]

SCOFIELD— STEVENSON— CAMPBELL— HASCALL-
STRIOKLAND— GRAY

^August 1'^

Mr. SCOFIELD. Mr. Chairman, I
move that when the committee rise
it report the article back to the con-
vention, with the recommendation
that it be indefinitely postponed.

The motion was agreed to.

The CHAIRMAN. The committee
now have under consideration the re-
port of the committee on printing and
binding.

The secretary read the first section
as follows:

Section 1. Resolved, That the
secretary of state be directed to have
printed forthwith, in pamphlet form,
15,000 copies of the address and con-
stitution in the English languag-e, and
3,0 00 copies of the same in the Ger-
man language; and that they be ex-
pressed in equal numbers, at the pub-
lic expense, to the members of the
convention.

Mr. STEVENSON. I move to
amend by inserting 3,0 00 in Danish,
and 3,000 in Bohemian. I will state,
in support of this amendment, that
if we are to provide for the publica-
tion of copies of this constitution in
any form, we should provide for it
in all foreign languages represented
in the state. As far as I am con-
cerned, I would rather have only one
language, but if we have German we
should treat all alike.

Mr. CAMPBELL. The reason the
committee did not provide for other
than German was because there was
a small portion of the other lan-
guages represented.

Mr. STEVENSON. That may be
so down near Nebraska City, but
nortli or Die Platte there are larg(^
numbers of Bohemians who ])robably
cannot read a word of English, and
it is the same with the Swedes. We
ought to serve all alikfe.

Mr. HASCALL. In the ward in
which I live there are at least 100
Bohemian voters, and we have a Bo-
hemian paper in the state. There ii
also a large number of Scandinavians
and they have a paper. I think
we should publish in the English,
German, Bohemian, and Scandina-
vian, too. It will be money well
spent.

Mr. STRICKLAND. Does the res-
olution provide for the publication
in different languages in the different
papers?

The CHAIRMAN. I suppose that
includes the different languages. It
says "the weeklies."
I Mr. GRAY. I move to strike out
the first resolution.

The CHAIRMAN. I must take the
amendment of the gentleman from
Cuming (Mr. Stevenson) first. I
rule you cannot make a motion to
strike out.

Mr. GR.\Y. This state is not able
to print so much as is proposed by
these several resolutions, and it is
able to publish two or three times in
1 every weekly paper in the state,
which will give very thorough infor-
I mation throughout the state, as to
I what the constitution is. There are
j some German papers, and a Scan-
dinavian, which circulate very gener-
ally. If i)ublished in pamphlet form
the circulation will be defective. I
lioi)e this resolution will be defeated.
Upon this question of order, I read
rule 26.

No. 2 6. A motiou to strike out the
proposition shall have precedence of
a motion to amend, and if carried
shall be d(MMHod o(iuivalout to its re-
jectiou.

ADVERTISING THE CONSTITUTION

373

STEVENSON— BALLARD— CAM PB E L L— ABBOTT— GR A Y-
ESTABROOK

[August 17

Thursday]

The CHAIRMAN. The gentleman
reads the rule correctly.

Mr. STEVENSON. I hope that
motion will not prevail. If any sec-
tion is to be stricken out let it be that
one which compels us to publish the
constitlftion in the newspapers. The
pamphlets will be of the greatest use.

Mr. BALLARD. I wish some wise
man would figure up what amount of
expense we are about to incur. I
think, quoting the gentleman from
Douglas (Mr. Estabrook), "There is
a good deal of clothesline for a very
small wash." (Laughter.) I shall
vote against the whole thing in its
present form.

Mr. CAMPBELL. I should like to
know how the gentleman proposes to
publish it, if he votes against the
whole thing. It will take about
$800 or $1,000 to publish the pamph-
lets.

Mr. ABBOTT. I would like to ask
the gentleman from Otoe (Mr. Camp-
bell) how much it will cost to publish
these pamphlets.

Mr. CAMPBELL. Eight hundred,
or a thousand dollars.

Mr. ABBOTT. How much will it
cost to publish in the newspapers?

Mr. GRAY. Something over $9 00.

Mr. ESTABROOK. It seems to
me it would be difficult to secure the
translation of this constitution be-
fore the time it should be submitted
to the people. Now I am in favor of
having it printed in orJy one lan-
age, and that is what I call "the
American language." I will take oc-
casion to say, right here, that I am
opposed to publishing any of our laws
in anything but the American lan-
guage, ss When a man comes herefrom
a foreign country, he expects to obey

our laws, and, with the facilities we
have in this country for learning the
language, he can soon learn to read
the laws, and if he is not willing to
take the pains to do this, let him go
without the knowledge. I believe,
too, that those papers whose circula-
tion throughout the state amounts
to anything have a sufficent amount
of enterprise to prompt them to pub-
lish the constitution entire or a
synopsis of it, at least, as a matter of
news.

Mr. GRAY. How will they get it?

Mr. ESTABROOK. Let them get
it from "Bobster"3o (Omaha Herald
correspondent). Why, you can't
keep it from them, you can hardly
hold a caucus without having the
ear of a newspaper reporter at the
key-hole. I will undertake to say that
every paper in the state can get it if
they want it. What do you expect to
do with 15,000 copies of the consti-
tution? It would give one to every
family in the state. If the members of
this convention are not ashamed of
their work, they will give free and
full information regarding this mat-
ter, all over the state. I am in favor
of publishing the constitution simply
in pamphlet form, and let the lowest
bidder for the job, get it. If you em-
ploy some one to translate it in the
different languages, you will find that
you will have to wait a long time be-

~35. It seems worth while to note that this
bit of palpably sound sense was yet unique:
and the habitual disregard of it has since in-
volved a costly sacrifice of' public morality as
well as public money. — Ed.

.36. A pseudonym. The proper name is Am-
brose, and he was a brother of George W.
Ambrose, a Avell known lawyer and politician
of Omaha. "Bobster" was a keen, sarcastic
writer and well adapted for the relentless war
on the Lincoln and David Butler faction of
the republican party. Omaha was thel base of
the campaign whose principal result was the
impeachment of Butler.— Ed.

374

ADVERTISING THE CONSTITUTION

Thursday]

fore it is ready, and the work will be
of but little service. Let us set the
example of having our laws published
in the American language. It is not
the English language; for we have
borrowed from all languages, and
made one of our own.

Mr. STRICKLAND. Mr. Chair-
man, I have just made a calculation,
and I find it will cost $9 50 to publish
the constitution in the newspapers,
and, as General Estabrook says, it
will be money thrown away.

The CHAIRMAN. The question is
upon the motion to strike out "1.^,
000" and insert '10,000."

The motion was not agreed to.

Mr. WILSON. Mr. Chairman, I
move to amend by saying there
shall be 25,000 copies published in
the English language, and no more.

Mr. WAKELEY. Mr. Chairman,
I suppose we have some twenty or
thirty thousand voters in the state,
now I think that it would be a waste
of money to publish one copy to
every voter.

The CHAIRMAN. The question is
upon the motion of the gentleman
from Johnson (Mr. Wilson).

Mr. HASCALL. Mr. Chairman, if
I had my way I would call it 30,000,
aye 50,000 copies. There ought to be
a copy of the constitution of the state
in every family in Nebraska. I say
it is a poor saving to cut this down
from 15,000 to 10,000.

Mr. MASON. Mr. Chairman, it
seems to me we ought to consider
this question in the light of reason
and common sense. It seems to
me that five thousand copies is an
abundance; and ten thousand will
give a surplus. If I had my way, I

[August IT

would print five thousand copies in
the English, and two thousand in
these other languages. Let me say,
gentlemen, that this constitution will
be published in every newspaper in
the state, whether we order it or
not. I move to amend by striking
out "twenty-five thousand" and in-
serting "five thousand in the English
language, and two thousand in the
German;" and I think perhaps it
would be well to publish five hundred
in the Scandinavian language. I move
to amend by making It five thousand
in the English, three thousand in the
German, one thousand in the Scandi-
navian, and three hundred in the
French languages.

Mr. ROBINSON. Mr. Chairman, I
hope the amendment of the gentle-
man from Otoe (Mr. Mason) will not
prevail. I think the reasons given
by the gentleman from Douglas (Mr.
Estabrook), why we should not go
to this expense, are conclusive.

Mr. MASON. I call for a division
of the question.

The CHAIRMAN. The question is
upon the motion of the gentleman
from Johnson (Mr. Wilson) to strike
out fifteen thousand and insert
'twenty-five thousand in the English
language."

The motion was not agreed to.

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

The amendment was not agreed to.

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

.Mr. R015INS0N. I call for a di-
vision of t hv (luost ion.

STRICKLAND— WILSON— WAKELEY— HASCALL— MASOX—
ROBINSON

MUNICIPAL CORPOEATIONS— SCHEDULE 375

TOWLE— KIRKPATRICK— HASCALL [August 17

Thursday]

The CHAIRMAN. The question
will then be on striking out "fifteen
thousand."

Mr. - TOWLE. Mr. Chairman, 1
move this committee rise and re-
commend the whole subject matter
back, to be disposed of in the conven-
tion.

The motion was agreed to.

Mr. KIRKPATRICK. Mr. Presi-
dent, the committee of the whole
have had under consideration the
proposition on municipal corpora-
tions, and have instructed me to re-
port to the convention and recom-
mend that it be indefinitely postpon-
ed: also the report of the committee
on printing and binding, and recom-
mend the same to the action of the
convention.

Mr. TOWLE. I move the com-
mittee concur in the recommendation
of the committee of the whole.

The motion was agreed to.

Mr. HASCALL. Mr. President, your
committee on schedule beg leave to
report that they have duly considered
the various matters submitted to
them, and most respectfully submit
the following article for the consider-
ation of the convention, and recom-
mend its adoption.

The secretary read the report as
follows:

Section 1. That no inconvenience
may arise from the revisions and
changes made in the constitution of
this state, and to carry the same into
complete effect, it is hereby ordained
and declared that all laws enacted,
to take effect hereafter, and all laws
in force at the adoption of this con-
stitution not inconsistent therewith,
, and all rights, actions, prosecutions,
* claims and contracts of this state, in-
dividuals or bodies corporate, shall

continue to be as valid as if this con-
stitution had not been adopted.

Sec. 2. All fines, taxes, penalties,
and forfeitures due and owing to the
state of Nebraska, under the present
constitution and laws, shall inure to
the use of the people of the state of
Nebraska under this constitution.

Sec. 3. .Recognizances, bonds, ob-
ligations, and all other instruments
entered into or executed before the
adoption of this constitution, to the
people of the state of Nebraska, to
the state of Nebraska, to any state
or county officer, or public body, shall
remain binding and valid, and rights
and liabilities upon the same shall
continue; and all crimes and misde-
meanors shall be tried and punished
as though no change had been made
in the constitution of this state.

Sec. 4. All existing courts which
are not in this constitution specifi-
cally enumerated, and concerning
which no other provision is herein
made, shall continue in existence, and
exercise their present jurisdiction un-
til otherwise provided by law.

Sec. 5. All persons nowfillingany of-
fiice or appointment shall continue in
the exercise of the duties thereof, ac-
cording to their respective commis-
sions, elections or appointments, un-
less by this constitution it is other-
wise directed.

Sec. 6. District attorneys now in
office shall continue to hold and ex-
ercise the duties of their respective
offices for their unexpired terms in
the judicial districts herein created,
in which they severally reside.
In each of the remaining districts one
such officer shall be elected at the
first general election, and the officers
so elected shall hold their res-
pective offices for the time pre-
scribed in this section for dis-
trict attorneys now in office to con-
tinue in the same.

Sec. 7. This constitution shall be
submitted to the people of the state
of Nebraska for adoption or rejection
at an election to be held on the third
Tuesday in September, A. D. 1871,
and there shall be separately submit-

376

SCHEDULE

Thursdaj']

ted at the same time for adoption or
rejection the independent section re-
lating to the liability of stockhold-
ers in banking corporations compan-
ies and associations; the independent
article prohibiting state, county and
municipal indebtedness; the section
relating to compulsory education and
reformatory schools; and the section
relating to inhibition and license.

At said election the qualified elec-
tors shall vote at the usual places of
voting, and the said election shall be
conducted and the returns thereof
made according to the laws now in
force regulating general elections,
except as herein otherwise provided.

Sec. 8. The secretary of state
shall, at least ten days before said
election, cause to be delivered to the
county clerk of each county blank
poll books, tally lists, and forms of re-
turns, and twice the number of prop-
erly prepared printed ballots for the
said election that there are voters
in such county, the expense Avhereof
shall be audited and paid as other
public printing ordered by the secre-
tary is by law required to be audited
and paid, and several county clerks
shall, at least five days before said
election, cause to be distrib-
uted to the judges of election in
each election precinct in their respec-
tive counties, said blank poll books,
tally lists, forms of return and tickets

Sec. 9. At the said election the bal-
lots shall be in the following form:

New Constitution Ticket.

For all the propositions on this
ticket which are not cancelled with
ink or pencil and against all prop-
ositions which are so cancelled.

For tlie Xew Constitution.

"For the independent section relat-
ing to the liability of stockholders in
banking corporations, companies and
associations." "For the independent
article prohibiting state, county and
municipal indebtedness." "For the
section relating to compulsory edu-
cation and reformatory schools."

[August 17

"For the section relating to inhibi-
tion and license." Each of said
tickets shall be counted as a vote
cast for each proposition thereon not
cancelled with ink or pencil, and
against each proposition so cancelled,
and returns thereof shall be made ac-
cordingly by the judges of election.

Sec. 10. The returns of the whole
vote cast, and of the votes for the
adoption or rejection of this consti-
tution, and for or against the ar-
ticles and sections respectively sub-
mitted shall be made by tlie several
county clerks to the secretary of
state, within fourteen days after the
election; and the returns of the said
votes shall within three days there-
after, be examined and canvassed by
the president of this convention, the
secretary of state, and the auditor, or
any two of them, and proclamation
shall be made forthwith by the presi-
dent of this convention, or the sec-
retary of state, of the result of the
canvass.

Sec. 11. If it shall appear that a
majority of the votes polled are "for
the new constitution," then so much
of this constitution as was not sep-
arately submitted to be voted on by
articles and sections shall be the su-
preme law of the state of Nebraska,
on and after the eighth day of Oc-
tober, A. D., 18 71, except as other-
wise provided herein; but if it shall
appear that a majority of the votes
polled were "against the new con-
stitution," the whole thereof, includ-
ing the articles and sections sepa-
rately submitted, shall be null and
void. If the votes "for the new con-
stitution" shall adopt the same, and
it shall appear that a majority of the
votes polled are "for the independ-
ent section relating to the liability of
stockholders in banking corporations.
{'om])anies, and associations," said
section sliall be a part of the consti-
tution of this state, and shall be sub-
stituted for section two in the article
entitled "Banks and Currency."
otherwise such independent sec-
tion shall be null and void.

SCHEDULE

377

Thursday]

If the votes "for the new consti-
tution" shall adopt the same, and it
shall appear that a majority of the
votes polled are "for the independ-
ent article prohibiting state, county
and municipal indebtedness," said
article shall be a part of the consti-
tution of this state, and shall be sub-
stituted for article number — , en-
titled "state, county and municipal
indebtedness," otherwise such inde-
pendent article shall be null and
void.

If the votes "for the new constitu-
tion" shall adopt the same, and it
shall appear that a majority of the
votes polled are "for the section re-
lating to compulsory education and
reformatory schools," said section
shall be a part of the constitution of
this slate, and stand as section num-
ber — of article number — , en-
titled , otherwise such section

Hliall be null and void.

If the votes "for the new consti-
tution" shall adopt the same, and it
shall appear that a majority of the
votes polled are for the section re-
lating to "inhibition and license,"
said section shall be a part of the
constitution of this state and stand
as section number — , of article num-
ber — , entitled ■ , otherwise

such section shall be null and void.

Sec. 12. The general election of
this state shall be held on the Tues-
day succeeding the first Monday of
November of each year. All
state, district, county, precinct and
township officers by the constitution
or laws made elective by the people,
except school district officers and
municipal officers in cities, villages
and towns, shall be elected at a gen-
eral election to be held as aforesaid.
Judges of the supreme, district and
county courts, all elective county and
precinct officers, and all other elec-
tive officers, the time for the elec-
tion of whom is not herein otherwise
provided for, and that are not in-
* eluded in the above exception, shall
be elected at the first general elec-
tion after the adoption of this consti-

[August 17

tution, and thereafter at the general
election next preceding the time of
the termination of their respective
terms of office:

Provided, That at the first election
of the judges of the supreme court,
herein provided for, no elector shall
vote for more than two candidates
for such office, and the three persons
having the highest number of votes
shall be declared elected.

Sec. 13. The terms of office of all
state and county officers, of judges
of the supreme, district and county
courts, members of the legislature,
and regents of the university, shall
begin on the first day of January
next succeeding their election.

Sec. — . The present state and
county officers, members of the leg-
islature, and regents of the univer-
sity shall continue in office until the
officers to be elected at the first gen-
eral election under this constitution
shall qualify and be ready to enter
upon the discharge of the duties of
their respective offices.

Sec. — . The supreme court, the
district courts, and the coilnty courts
established by this constitution shall
be the successors respectively of the
supreme court, the district courts,
and the probate courts, having juris-
diction under the existing constitu-
tion.

Sec. - — . The supreme court, and
the district and the probate courts
now in existence shall continue and
the judges thereof shall exercise
their powers and retain their present
jurisdiction until the courts pro-
vided for by this constitution shall
be organized and capable of transact-
ing business.

Sec. — . All cases, matters and
proceedings, pending undertermined
in the supreme court, are hereby
transferred to the supreme court
herein provided for, and shall be
heard and determined therein; and
all cases, matters and proceedings
pending undetermined in the district
courts for the respective counties are
hereby transferred to the district

378

SCHEDULE

Thursday]

[August 17

courts for the same counties herein
provided for, and shall be heard and
determined therein; and all cases,
matters and proceedings, pending un-
determined in the probate courts of
the respective counties, are hereby
transferred to the county courts of
the same counties, and shall be heard
and determined therein.

And all records and proceedings in
any court shall be transmitted to its
successor; and all orders, judgments
or decrees of any court, shall remain
unimpaired by the adoption of this
constitution, and shall be enforced
by and in the court which is the
successor of that by which they were
made, rendered or entered.

Sec. — In case this constitution
be adopted, the existing constitution
shall cease in all its provisions.

Sec. — . The provisions of this
constitution required to be executed
prior to the adoption or rejection
thereof shall take effect and be in
force immediately.

Sec. — . The legislature shall pass
all laws necessary to carry into ef-
fBCt the provisions of this constitu-
tion. I

Sec. — . On the taking effect of I
this constitution, all state officers!
thereby continued in office shall, be-'
fore proceeding in the further dis-
charge of their duties, take an oath
or affirmation to support this con-
stitution. I

Sec. — . This constitution shall!
be enrolled and deposited in the of- |
fice of the secretary of state, and i
printed copies thereof shall be pre- 1
fixed to the books containing the laws
of this state, in all future editions
thereof.

Sec. — . The legislature shall pro'
vide by general law for submitting
to the electors of counties, cities or
towns in the state the question of
"inhibition" or "license" for the sale
of intoxicating liquors, and shall pre-
scribe the manner of carrying into ef-
fect the will of the people so ex-
pressed.

Section Of Educational Article To He
Submitted As .a Separate
Propos-ition.

Education.

Section 1. The legislature may
require by law that every child of
£uft"icient mental and physical abil-
ity, between the ages of eight and
sixteen years, unless educated by
other means, shall, in all cases when
practicable, attend a public school
supported by the common school
fund, for some definite length of time
each year to be fixed by law, and may
establish a school or schools for the
safe keeping, education, employment
and reformation of all children under
the age of sixteen who are destitute
of proper parental care, or who are
growing up in mendicancy, igno-
rance, idleness, or vice, which school
shall constitute a part of the system
of common schools.

Municipal Subscription.s or Donations
to Ilailroads or Private Cor-
])oi-ati()ns.

Sec. — . Xo county, city, town,
township or other municipality shall
ever become subscriber to the cap-
ital stock of any railroad, or prixate
corporation, or n ake donation to. or
lean its credit in aid of sucu (or-
pc ration: Provioed. however, tirat
the adoption of this article shall not
be construed as affecting the right
of any such municipality to make
surh donation x\here the same has
been anlhorizec under existing laws
by a \oto of the people of such
municipalities prior to such adoption.

Sec. 2. Each stockholder in a
banking corporation, company, or as-
sociaiion, shall be individually re-
sponsil)Io and liable to its creditors,
over and rbove the amount of stock
by him cr her held, to an amount
equal to lAvIce the entire amount of
his or her respective stock or sharo--

SCHEDULE

379

Thursday]

SO held, for all its liabilities accru-
ing while he or she remains such
stockholder.

Mr. BOYD. Mr. President, I move
that one hundred copies be ordered
printed in circular form.

Mr. MASON. Mr. President, be-
fore that motion is put I would like
to offer a resolution which I wish to
have incorporated in the schedule.

The secretary read the resolution
as follows:

The legislature may provide a
suitable residence for the governor
of this state.

The resolution was read first and
second time and referred to the com-
mittee of the whole.

Mr. MASON. Mr. President, this
schedule article is a very important
matter, changing from the old to the
new, and should be examined very
carefully. Until I have the report
before me, I could not do it. I hope
the motion of the gentleman from
Douglas (Mr. Boyd) to have the re-
port printed will be adopted.

Mr. LAKE. I think this schedule
is quite as important an article as
any in our constitution, probably
more so. I have heard it read in
the committee room, and am satis-
fied, mainly, with its provisions; but
I am well aware that the large ma-
jority of this convention knows noth-
ing except what they hear at the
clerk's desk. It cannot be such as
is satisfactory to everyone, and I hope
it will be published. The commit-
tee on revision and adjustment have
work sufficient to keep them busy
this evening, and no time will be lost,
really, because, for one, I prefer to be

[August 17

in the convention when business is
being transacted. We have tomor-
row and next day in order to com-
plete our work, and because we are
very nearly through, we should not
exhibit undue haste, but should fin-
ish up what remains in a mahner
which will at least be creditable to
us.

Mr. WOOLWORTH. Mr. Presi-
dent, as to the printing in bill form,
and as to the printing at all, I do
not think that any time would be
lost in the printing. If it should take
longer to print in bill form that time
will certainly not be lost. The work
of engrossing the instrument is not
proceeding with very great rapidity;
it could scarcely be ready to submit
to the committee before evening to-
morrow, and the work of the com-
mittee on revision yet remaining, as
suggested by my colleague (Mr.
Lake), is very considerable. It has
been utterly impossible for that com-
mittee to meet and examine these
articles during the sessions, although
a good deal of work has been done by
individual members while business
was going on. But the committee
could not meet and carry forward
their examinations while the busi-
ness of the convention was going on;
and I do not believe there will, in
the end, be any delay by taking all
the time that is necessary in order
to get this bill printed and so that
it can be very critically and carefully
examined. It is very important, and
it will not answer for us, just at the
heels of this session, to neglect a
matter so important. I hope the
printing will be done in bill form,

BOYD^MASON— LAKE— WOOLWORTH

380

COMPENSATION OF EEPOETERS

Thursday]

form was agreed to, and one hundred
copies ordered.

Resolution.

Mr. BOYD. I ask leave to offer a
resolution in regard to the expenses
of this convention.

The secretary read the resolution
as follov^s:

Resolved, That the committee on
public accounts and expenditures be,
and they are hereby reciuested to
make a report to this convention of
the amount paid members and em-
ployees, and an itemized account, as
near as practicable, of the amount ex-
pended for all other purposes.

The resolution was adopted.

Ad.joiiriiiiHMit.

Mr. WILSOX. I move we adjourn
until eight o'clock tomorrow morn-
ing.

lieave of Absenco.

Mr. WKAVER. I ask indefinite
leave of absence after toujorrow al
noon.

Leave not granted.

[August IT

Additional Compensation to
Reporters.

Mr. MASON. Since we had up the
question of additional compensation
to the reporters for night sessions,
I have informed myself somewhat in
respect to the services rendered, and
the prices usually paid for such ser-
vices. I shall therefore move, at the
proper time, to allow compensation
for night services.

The motion to adjourn was with-
drawn.

Mr. GRIGGS. I move that the
recommendation of the committee of
the whole, on the article on municipal
corporations, be concurred in.

The motion was agreed to.

Mr. WILSON. I now renew my
motion to adjourn until eight o'clock
tomorrow morning.

The motion was agreed to and the
convention, at o'clock and 4 7 min-
utes, adjourned.

FO R T 'i' -S 1^] V K \ T H DAY.
Friday, August. IS, 1871.

The convention met at 8 o'clock
and was called to order by the pres-
ident.

JM-ayei".

Prayer was off (Med by the chaplain
as follows:

O Lord, may it j)lease Thee to
bless us today... (Manuscript defaced.

Fa\.). May the closing hours of
the convention have the good care
of the good Father. Anien.

ABBOTT— ESTABROOK— BOYD— WILSOX— TVEAVER—MASOX—
GRIGGS

SO that amendments may be made if
necessary.

Mr. ABBOTT. I move to include
in the motion the report of the com-
mittee on printing.

Mr. ESTABROOK. I am told by
those who are good authority that in
bill form it could scarcely be laid on
our tables until before tomorrow
noon, but that in circular form it
could be ready by eight o'clock to-
morrow. I hope the motion will be
modified accordingly.

The motion to print in circular

EEVISION

381

Friday]

Report of Committee on Revision.

Mr. WOOLWORTH. Mr. Presi-
dent, your committee on revision
have examined the articles on coun-
ties and township and precinct or-
ganization, and recommend:

1. That said articles be consol-
idated and numbered nine.

The recommendation was agreed

to.

2. Amend the sixth line of section
1 of the article as adopted, by the
convention, so as to read at the end
thereof, "and in any county that
shall have adopted it."

3. And insert in the eighth line
the word the in the place of "a," and
the word law in place of "legisla-
ture."

The amendments were agreed to.

4. And add "ed" to "elected" (?)
in the fourth line of the section.

The amendment was agreed to.

The PRESIDENT. Has the chair-
man of that committee any other re-
port?

Mr. WOOLWORTH. Mr. Presi-
dent, your committee on revision
have examined the three articles on
Miscellaneous Corporations, Banks
and Currency, and Railroad Cor-
porations, and recommend that the
same be consolidated and named
"Corporations," and arranged as fol-
lows: 1, Miscellaneous corpora-
tions; 2, Banks; 3, Railroads, and the
Sections be accordingly numbered.

The recommendation was agreed

to.

2. Amend section 2 of the first
article, so as to read, "All corpora-

[August 18

tions may sue and be sued in like
cases as natural persons."

The amendment was agreed to.

3. Strike out of the fourth and
fifth lines of section 3 the words,
"after the exhaustion of the corpor-
ate property," and add to the section
the words, "after the corporate prop-
erty shall have been exhausted."

The amendment was agreed to.

4. Insert "be" in the place of
"have been" in the fourth line of
section 5.

The amendment was agreed to.

5. Strike out of the twenty-fourth
and twenty-fifth lines of section 1
of the article on railroad corporations
the words "on the road," "the amount
received for" and "thereof."

The amendment was agreed to.

6. Strike out "upon sixty days"
and insert "after" in the tenth line
of section 5 of said article, and in
the eleventh line after "notice" in-
sert "for sixty days."

The amendment was agreed to.

7. Insert "which" in the place of
"that," in the fourth line of section
8 of said article, and insert "con-
structed" after "has" in the seventh
line, and strike ou-^ of ninth, tenth
and eleventh lines "land grants made
or hereafter to be made to any cor-
poration or company," and insert
"lands granted."

The amendments were agreed to.

The PRESIDENT. Has the chair-
man of the revision committee any
further report?

Mr. WOOLWORTH. Mr. Presi-
dent, your committee on revision
have examined the article on future

WOOLWORl^H

382

EEVISION—BOUNDAEY— SCHEDULE

Triday]

THOMAS-HASCALL— GIBBS— TOWLE

[August 18

amendments, and recommend as fol-
lows:

1. That said article be entitled
"Amendments to the Constitution,"
and be numbered.

The recommendation was agreed

to.

2. Strike out of the fourth line
of the first section, "the same shall
be," and out of the sixth line ' such
proposed amendment or amend-
ments," and out of the thirtieth to
the thirty-fourth lines, inclusive, the
words "the people shall approve and
ratify such amendment or amend-
ments," "of the qualified voters of
this state," "such amendment or
amendments," so that the same will
read, "and if ratified by a majority
of those voting thereon, shall be-
come a part of this constitution;" and
amend the proviso so as to read, "if
two or more amendments be submit-
ted at the same time provision shall
be made for taking the vote thereon
separately.

The amendments were agreed to.

3. Strike out of the ninth and
tenth lines of section two the words
"voting thereon at the election," and
insert "of the votes cast thereon
be," and in the twelfth line insert
"therefore," after "provide," and
strike out "a convention," and in the
sixteenth line of said section insert
"compensation" in place of "pay,"
and in the eighteenth line of said
section insert "thereof and of" in the
place of "of the same together with."

The amendments were agreed to.

Kcports.

Mr. THOMAS. At the request of
the chairman of the committee on
judiciary, I submit the following re-
port.

The secretary read the report a^
follows:

Your committee on judiciary, to
whom was referred tiie consideration
of the propriety of defining in the
constitution the boundaries of the
state, do report that they have care-
fully considered the subject matter
and do not deem it necessary to
insert in the constitution an article
on that subject.

Mr. HASCALL. I move that the
report be taken up :n convention.

Mr. GIBBS. I move the adoption
I of the report.

j The motion was agreed to.

' Mr. TOWLE. I move that th's
convention take up the report of
the committee on schedule.
The motion was agreed to.

Schedule.

The secretary read the first sec-
tion as follows:

Section 1. That no inconvenience
j may arise from the revision and
changes made in the constitution of
this state, and to carry the same
into complete effect, it is hereby or-
daiJied and declared that all laws en-
acted, to take effect hereafter, and
all laws in force £.t the adoption of
this constitution, not inconsistent
therewith, and all rights, actions,
prosecutions, claims and contracts of
this state, individuals or bodies cor-
porate. Fhall continue to be as valid
as if this constitution had not been
adopted.

Tli(i first section was adopted.

Tlie secretary read tlio next sec-
tion, as follows:

Sec. 2. All fines, taxes, penalties,
and forfeitures due and oM'ing to the
state of Nebraska, under the pres-
ent constitution and laws, shall inure

SCHEDULE

383

Friday] VIFQUAIX— ROBINSON— TOWLE— MYERS [August 18

to the use of tli6 people of the state
of Nebraska under this constitution.
The second sectl^^n was adopted.
The secretary read the next sec-
tion, as follows:

Sec. 3. Recognizances, bonds, ob-
ligations, and all other instruments
entered into or executed before the
adoption of this constitution, to the
people of the state of Nebraska, to
the state of Nebraska, to any state
or county officer, or public body, shall
remain binding and valid, and rights
and liabilities upon the same shall
continue; and all crimes and misde-
meanors shall be tried and punished
as though no change had been made
in the constitution of this state.
The third section was adopted.
Mr. VIPQUAIN. Mr. President, 1
offer an additional section to go :'n
here, which reads, as follows:

Delinquent taxpayers that become
delinquent on the annual taxes due
April 1st, 1871, are hereby relieved
of all fines and interest upon the
same, and the time for payment is
extended to the first of April, 1872.

Mr. ROBINSON. Mr. President, 1
move a call of the house. The mo-
tion was agreed to.

The secretary called the roll.

The president announced the re-
sult, present 41, absent 11, as fol-
loAvs:

PRESENT.
Abbott, Lyon,
Ballard, Majors,
Boyd, Manderson,
Eaton, Maxwell,
Estabrook, Moore,
Gibbs, Myers,
Granger, Neligh,
Gray, Parchen,
Griggs, Philpott,
Hascall, Price,
Kenaston, Reynolds,
Kilburn, Scofield,
Kirkpatrick, Shaff,
Lake, Sprague,

Speice,

Stevenson,

Stewart,

Thummel,

Thomas,

Tisdel,

Towle,

Vifquain,

Wakeley,

Weaver,

Wilson,

Woolworth,

Mr. President.

ABSENT.

McCann
Maso'i,
Newsom,
Parker,
Mr. President.

Campbell,
Casseil,
Curtis,
Grenc.l,
Hinman,
Ley,

Mr. TOWLE. Mr. President. I
move that all further proceedings
under call of the house be dispensed
with.

Mr. MYERS. Mr. President, 1
move that a fine of $5 0 be im-
posed upon every man who is absent
without leave.

The President did not enterta'n
the motion.

The^ PRESIDENT. The question
is upon the motion of the gentleman
from Richardson (Mr. Towle).

The motion was agreed to .

The PRESIDENT. The question
now is upon the section proposed as
an additional section by the gentle-
man from Saline (Mr. Vifquain).

The secretary read the proposed
section.

Mr. TOWLE. Mr. Prehident, I
move that we postpone the consider-
ation of it until we get through with
the article.

The motion was agreed to.

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

Sec. 4. All existing courts which
are not in this constitution specifical-
ly enumerated, and concerning which
no other provision is herein made,
shall continue in existence, and ex-
ercise their present jurisdiction until
otherwise provided by ^aw.

384

SCHEDULE

Friday] STEWART— VIFQUAIX—HASCALL—TOWLE

Section 4 was adopted.

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

Sec. 5. All persons now filling any
office or appointment shall continue
in the exercise of the duties thereof,
according to their respective com-
missions, elections or appointments,
unless by this constitution it is other-
wise directed.

Section 5 was adopted.

The secretary read the next sec-
tion:

Sec. 6. District attorneys now in
office shall continue to hold and ex-
ercise the duties of their respective
offices for their unexpired terms in
the judicial districts herein created,
in which they severally reside. In
each of the remaining districts one
such officer shall be elected at the
first general election, and the officers
so elected shall hold their respective
offices for the time prescribed in this
section for district attorneys now in
office to continue in the same.

Mr. STEWART. Mr. President, I
offer a substitute for this section.

The secretary read the substitute,
as follows:

There shall be elected, in each
judicial district, at the first election
after the adoption of this constitu-
tion, a district prosecuting attorney,
who shall hold his orrice for two
years.

Mr. VIFQUAIX. I move that the
section be stricken out.

Mr, HASCALL. Mr. President, we
did not want to recognize in this con-
stitution any off'icer which was not
recognized by law. If you provide
for these attorneys here, you make
them constitutional oft'icers. The
sentiment of the people in a great
many counties appears to be that
as soon as the present term of office
of these district attorneys runs out,
they will have a prosecuting attor-

[August 18

ney for each county. We have pros-
ecuting attorneys in three of the
d stricts, and we propose to elect, at
the first election under this consti-
tution, two more for the new dis-
tricts we have formed. No doubt our
first legislature will make provision
for the election of a county attor-
ney for each county in the state. I
know that many counties are now
paying salaries to men whom they
have appointed to look after their
interests. Now, why go on and
make d.'strict attorneys constitution-
al officers, or fix their term of office,
in view of these facts?

Mr. TOWLE. Mr. President, I
deny most emphatically that this is
creating constitutional officers, when
we thus provide for the election of
district attorneys. We have provid-
ed in the constitution for the election
of a new set of judges, and I say
why not go a little farther, and
make a clean thing of it. We are
legislating out of office three dis-
trict judges, why not serve the dis-
trict attorney the same way?

I don't know how it is 'n other
portions of the state. I don't know
that we are decided in our portion
of the state, but the people ask that
there shall be a cleaning out of all
the officers under the new constitu-
tion of the state. My amendment is
that they shall hold office but one
year. Now, sir, what will be the re-
sult? The legislature at its next
annual meeting can provide that
there shall be in each district [an]
attorney elected.

Mr. STEWART. Mr. President,
the only object I had in offering the
substitute was that there seems to

SCHEDULE

385

Priday]

be a disposition to have a new deal
among the officers of the state, not
that I think our district attorneys
are not good men.

Mr. HASCALL. Mr. President, I
will say that it has not been the de-
sire of this convention to make an
entirely new deal. I am sorry the
gentleman (Mr. Towle) has put him-
self in that position before the people
as to isay that this would not make
the district attorney a constitutional
officer. This schedule only makes
provision for temporary purposes,
that we shall so arrange with re-
gard to the d scharge of the various
duties now imposed upon the present
officers as to keep the government
going until after the meeting of the
next legislature.

Mr. LAKE. Mr. President, per-
sonally, I am in favor of the section
as it came from the hands of the
committee. I favor it for the reason
that, so far as I know, the gen-
tlemen who now hold, the offices
of district attorney in the three dis-
tricts have, I believe, performed the
duties of their office to the perfect
satisfaction of the people. This is
not a constitutional office, and is
mentioned no place in the constitu-
tion, and it need not to have been
mentioned here had it not been that
Ave have increased the number of
districts, and it was thought adv is-
able to provide for the wants of the
new districts and prescribe that
these attorneys shall be located in
the district where they nOw reside.
I don't see what is to be gained by
the substitute.

Mr. TOWLE. Why do you pro-
pose to legislate the secretary of

[August 18

state and other state officers out of
office?

,Mr. LAKE. I will answer your
question. They aye state officers, the
district attorneys are not. We do
not legislate justices of the peace or
county offcials oui of office, only
those created by the constitution.
If you carry out the theory of the
gentleman from Richardson (Mr.
Towle), that we may have a new
deal all through, say we shall com-
mence with all road supervisors and
county officers. That is not proposed
by anyone and has not been de-
manded. When it is said the peo-
ple demand a new deal throughout
the state, I think the statement is
without foundation in fact. The
people have demanded no such thing.
They have demanded that a new con-
stitution be formed, and that to the
extent of the state officers there
should be a new deal, but nothing
beyond that to my knowledge. If
it is desired that they be legislated
out to be used as candidates for some
other office, it is easy for them to
send in their resignation; but I
think it is generally desired by the
people that they be retained.

Mr. BALLARD. Mr. President, if
I imagined that by some hocus po-
cus sort of thing I could get my friend
Gray out of the office of district at-
torney, and I could get in, I should
vote to strike it out; out, laying self
aside, I do not thini^ we want him
out, therefore I shall sustain the
report of the committee.

Mr. WEAVER. I have seen no
good reason, Mr. President, why
these district attorneys should not
go out with all other officers of the

HASOALL^LAKE— TOWLE— BALLARD— WEAVER;

386

SCHEDULE

Friday]

ABBOTT— GRAY— ilOORE

[August IS

^•■ste. The ground taken by the gen-
tleman from Douglas (Mr. Lake) is
not at all sound. The district
judges are left out in the cold, and I
see no good reason for favoring one
or two district attorneys. I under-
stand it was not the opinion of a
majority of the committee that the
report should come in in this shape,
but they assented to accommodate the
chairman. I trust this convention
v\-ill give district attorneys no ad-
vantage or disadvantage, but put
them on a level with all other offi-
cers.

The PRESIDENT. The question
is on striking out section 6.

The ayes and nays were demanded.

Yir. ABBOTT. Mr. President, I
r.sk to be excused from voting.

Leave not granted. '

Mr. GRAY. Mr. Pre sident. I ask
to be excused from v^-ting.

Leave was grantee: .

The secretary called the roll, and
the president announced the result, '
ayes IS, nays '22. as follows:

Myers,
Price,
Sprague,
Shaff,

Thummel,
Wakeley,
Wilson,
Wo ol worth. -

-22.

Boyd,

Campbell,

Eaton,

Griggs,

Mason,

Manderson,

Neligh,

Nevvsom,

Parchen,

Abbott,

Ballard,

Cassell,

Esta brook,

Gibbs.

Ha sea 11,

Kenaston,

YEAS.

Reynolds,

Stevenson,

Stewart,

Speice,

Thomas,

Tisdel,

Towle,

Vifquain,

Weaver. —

18.

NAYS.

Kilburn.

Kirkpatrick,

Lake,

Lyon,

Majors,

Maxwell,

Moore,

ABSENT OR NOT VOTING.

Curtis, McCann,

Granger, Parker,

Grenell, Philpott,

Gray, Robinson,

Hinman, Scofield,

Ley, ^Ir. President. — 12

So the motion was not agreed to.

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

Sec. 7. This constitution shall be
s;ubmitted to the people of the state
of Nebraska for adoption or rejec-
tion at an election to be held on
the third Tuesday in September. A.
D. 1871; and there shall be sep-
arately submitted, at the same time,
for adoption or rejection, the inde-
pendent section relating to the liabil-
ity of stockholders in banking cor-
porations, companies and associa-
tions; the indei;endent article prohib-
iting state, county and municipal in-
debtedness; the section relat ng to
compulsory education and reforma-
tory schools; and the section relating
to inhibition and license.

At said election the qualified elec-
tors shall vote at the usual places of"
voting; and the said election shall
bg conducted and the r(;turns thereof
made according to the laws now in
force, regulating general elections,
except as herein otherwise provided.

The PRESIDENT. As 1 h:tve to
attend to the engrossment of the
constitution, will the gentleman
from Douglas (Mr. Boyd) take the
chair.

Mr. MOORE. I .Mr. President. 1
move to amend by making the elec-
tion on Saturday, 11u» 2;?d Septem-
ber.

SCHEDULE— i.OCAL OPTION

387

rridavl hASCALL—XEWSOM— WILSON— MOORE— WEAVER-BALL.ARD— [August IS
TOWLE-ABBOTT-GRIGGS-PHILPOTT

Mr. HASCALL. Mr. President, I
hope this motion will not prevail.
The way the schedule is arranged it
gives just time enough to get the
votes canvassed and the proclamation
prior to the tenth day of October,
which is the day of the election of
county officers, and by having the
elect' on on Saturday this must take
place under the old constitution.
That being the case it will disarrange
the plan of submission and require a
general overhauling of the whole
thing. If it should be changed at
all, it should be to some earlier day.
As it is fixed now, there is one full
month prior to the election and after
the adjournment of th s convention.

Mr. NEWSOM. Mr. President, I
believe the state will vote down the
constitution for want of not [?]
knowing what it is. It is better to
give all the time possible, that the
people may thoroughly understand
the constitution.

^Ir. WILSOX. Saturday is the
best, because men can attend. I hope
the motion of the gentleman from
York (Mr. Moore) will prevail.

Mr. MOORE. I only had [in v ew]
what I supposed would be the ad-
vantage "to the people, when I made
the motion. I know that in the
country men feel more disposed to
leave their work on Saturday than
any other day. In towns they can
vote on any day.

Mr. HASCALL. Is the gentleman
sincere? Why not put it on the Sat-
urday preceding.

Mr. MOORE. I have no objection.

^Ir. WEAVER. In our county we
have a great number of seven-day
Baptists who hold Saturday as a Sab-

bath who will not vote on that day.

Mr. BALLARD. I am in the same
fix as the last gentleman. I would
rather [not?] have the election on
Saturday.

Mr. TOWLE. The committee unan-
imously agreed that it should be
submitted as soon as the 19th, be-
cause it gives scarcely t me to have
the vote canvassed unless we have
[it] as early as Thursday. If we do
not, the election under the old con-
stitution will be rignt on our heels.

Mr. NEWSOM. Mr. Hascall told
me the programme I had mentioned
should be determined in caucus. I
want an explanation. There have
been none but republican caucuses.
(Laughter.)

Mr. HASCALL. i will explain.
This is put in by way of a set-off and
recoupment. I will explain when the
case comes up regularly.

The motion to change the day was
not agreed to.

Mr. ABBOTT. I move to strike
out in section 7 the words "and
the section relating to inhibition and
license."

^Ir. BALLARD. I do not know
that it is in order to make that mo-
tion. If it is, I certainly shall ob-
:'ect. I hope the convent on will not
stultify itself on this question. I
am opposed to the amendment, and
shall vote against it on principle.

Mr. GRIGGS, i hope we will not
open up this question. We have al-
ready agreed to submit a separate
proposition upon this subject.

Mr. PHILPOTT. All there is about
this matter v/e have agreed to submit
this article. Men have been election-
eering, this morning, upon this floor,

388

LOCAL OPTION

Friday]

against it. I call upon gentlemen
once more to stand by what is right.
I say there are as many people in
this state on the side of temperance
as there are opposed to it, and they
have a right to be heard. It will be
unjust to them if this proposition
should not go to them w^ithout being
cut up in the manner proposed. The
whisky men have been here this
morning and are ready to bow be-
fore us. Let us go to work and
submit it.

Mr. STEVENSON. I do not think
it is the intention of anybody in the
convention to take advantage of those
in favor of this section. We have a
perfect right to amend if we want,
when it comes up, the same as any
other in the constitution. I do not
see why the gentleman should get to
"walking so on his ear" around here.
A major;ty have the right to strike
out if they choose.

Mr. HASCALL. I claim that at no
time has a majority of this conven-
tion expressed itself in favor of this
proposition. It is true that upon yes-
terday a majority of the quorum so
expressed itself.

Mr. STRICKLAND. The chairman
of the revision committee and my-
self des re to leave the room to see
after the engrossing clerks, and [we]
would like to be sent for when the
vote is called.

Mr. MASON. No, sir. If you want
to vote be here. If you are in for
war, hang your bann(>rs on the outer
wall.

Mr. HASCALL. It was carried
merely be [by] the sound of the
voice, and the sound was doubtful.

[August 18

(Laughter.) There were several about
who desired to vote upon it. I know
two, particularly, who were anxious
to vote and who were only a few
steps from the hall. Now it comes up
in the schedule. If a majority want
this stricken out they have the r'ght
to do it. It is not cowardly.

I am' opposed to the agitation of
these matters which have nothing to
do with the constitution. The peo-
ple have full control of this whole
matter through the legislature, and
if they want prohibitory laws they
w 11 send men to the legislature who
will pass them: if they are opposed
to prohibitory laws, they will keep
such men at home. I am opposed to
local legislation — that one rule shall
obtain in one county and another
rule in another county. I don't be-
lieve in passing laws which provide
that the people of Otoe county may be
placed upon cold water and gruel,
while those in Sarpy county may
revel in whisky and gin cocktails.
(Laughter.) We say by our consti-
tution that the laws shall be uniform
throughout the state, and if we have
a rule which applies in one county,
let it apply to all others. One fault
of our constitution, now, :s that we
have attempted to legislate too much.
This matter of license or no license
is not a subject for constitutional pro-
vision. Those subjects go into the
constitution which the constitution,
necessarily has to treat of, such as
suffrage, for instance. We have to
show by the constitution what class
of people are entitled to the rights
of suffrage; but such questions as
the one under consideration do not
necessarily go into the constitution.

STEVENSON— HASCALL— STRICKLAND— MASON

LOCAL OPTION

389

Friday]

MASON— MANDERSON— EATON— MAJORS— TOWLE—WILSON-
WOOLWORTH

[August 18

Therefore, Mr. President, I move the
previous question.

Mr. MASON. I rise to a point of
order. I consider it entirely out of
order for a gentleman to make a
speech, and then move the previous
question before he takes hi& seat.
And now all I have to say, after such
proceedings as this, :s that those who
favor minority representation can
have it, if they will vote for this
proposition.

Mr. MANDERSON. All right, sir,
we want a square trade. (Laughter. )

The PRESIDENT pro tempore. The
question is upon the motion to str:ke
out the section relating to "license"
or "no license."

The ayes and nays being demand-
ed, the secretary proceeded to call
the roll.

M:r. EATON, when his name was
called. Mr. President, this offer of
trade was made once before and by
the same person. It was at the table
at the Tichenor House. Myself and
two other gentlemen were approached
with an offer of "trade." I vote for
this proposition upon pr nciple. If
this temperance movement is right,
I believe in supporting it. If I do
not, I will not support it. I am not
influenced by any desire to "trade."
I vote aye.

Mr. MANDERSON, when his name
was called. Mr. President, I w sh
to explain my vote. If by trading a
halter off, I can get a horse, I am
willing to trade; but the subject of
woman suffrage is a question which is
as dear to me as that of minority
representation. I would like to in-
quire if we could not secure both by
.voting for this proposition? (Laugh-

ter.) But I don't like to vote on
this question for fear the gentleman
will go back on me. (Laughter.) 1
vote aye, for the reason that this
section does not bind the legislature
any more than so much blank paper.

Mr. MAJORS, when his name was
called. I can tell the gentleman that
he cannot count on my vote for his
"trade." I vote no.

Mr. TOWLE, when his name was
called. Mr. President, w:th the dis-
tinct understanding that these gen-
tlemen will give us minority repre-
sentation, I vote aye. "No! No! No
trade! "

Mr. TOWLE. Then I vote no.
Mr. WILSON, when his name was
called. I desire to say, Mr. Presi-
dent, that I am not on the trade. I
vote aye.

Mr. WOOLWGRTH, when his name
was called. Mr. President, I desire
to say that I have not had my "cock-
ta 1" this morning yet. (Laughter.)
I wish to say that if I thought this^
provision was of any practical effect
in putting down the liquor traffic, I
would vote to submit this proposition^
to the people. Believing it would not
have that effect, but quite the op-
posite, I vote aye.

The President announced the re-
sult, yeas 22, nays 24, as follows:
YEAS

Abbott, Scofield,
Boyd, Speice,
Eaton, Stevenson,
Granger, Thummel,
Gray, Thomas,
Hascall, Vifquain,
Lake, Wakeley,
Manderson, Weaver,
Myers, Wilson,
Parchen, Woolworth,
Robinson, Mr. President. — ^22;

LOCAL OPTION— SCHEDULE

Friday]

TOWLE

[August IS

NAYS

rJaiiaru,

Maxwell,

Campbell,

Moore,

Cassell,

Neligh,

Estabrook,

Newsom,

Gibbs,

Pliilpott,

Griggs,

Price,

Kenaston,

Reynolds,

Kilburn

Sliaff,

Kirkpatrick,

Sprague,

Lyon,

Stewart,

Majors,

Tisdel,

Mason,

Towle. — 24.

ABSE]NT OR

NOT VOTING.

Curtis,

Ley,

Grenell,

Parker,

Hinman,

McCann. — 6.

So the motion

to strike out

section was not agreed to.

Mr. TOWLE. Mr. President, I
move the adoption of the section.

The motion was agreed to and the
section was adopted.

The secretary read the next sec-
tion as follows:

Sec. 8. The secretary of state
shall, at least ten days before said
election, cause to be delivered to the
county clerk of each county, blank
])oll bocks, tally hsis, and forms of
returns, and twice the number of
properly prepared printed ballots for
the said election that there are voters
in such county, the expense whereof
shall be audited and paid as other
public printing ordered by the sec-
retary is by law required to be audit-
ed and paid; and the j^-everal county
clerks shall, at least five days before
said election, cause to be distributed
to the judges of election in each elec-
tion precinct in their respective coun-
ties said blank poll books, tally lists,
forms of return and tickets.

Section 8 was adopted.

The secretary read the next sec-
tion as follows:

Sec. 9. At the said election the bal-
lots shall be in the following form:

Xew Constitutional Ticket

For all the propositions on this
ticket which are not cancelled witl
ink or pencil and against all propo
sitions which are so cancelled.

For the New Constitution

"For the independent section re-
lating to the liability of stockhold-
ers in banking corporations, com-
panies and .associations." "For the
independent article prohibiting state,
county and municipal indebtedness.''
'For the section relating to com-
pulsory education and reformatory
schools." "For the section relating
to inhibition and license." Each of
said tickets shall be counted as a
vote cast for each proposition there-
on not cancelled with ink or pencil,
and against each proposition so can-
celled; and returns thereof shall be
made accordingly by the judges of
election.

Section 9 was adopted.
The secretary read the next sec-
t on as follows:

Sec. 10. The returns of the whole
vote cast, and of the votes for the
adoption or rejection of this consti-
tution, and for or against the articles
and sections respectively submitted,
shall be made by the several county
clerks to the secretary of state,
within fourteen days after the elec-
tion; and the returns of the said,
votes shall, within three days there-
after, be exiiniiiuvl nnd canvassed by
the i)rosident of this convention, the
scci clary of state, and the auditor,
or ;iiiy t wo of theiu; and proclamation,
shall be made foi l h w ith, by the pres-
ident of this convention, or the sec-
retary of state, of the result of the
canvass.

S(H'tion 10 was adojjted.
The secretary read the next sec-;
tion as follows:

Sec. 11. If it shall appear that
majority of the votes polled are "f(

SCHEDULE

391

Friday]

GRIGGS— GRAY—MAXWELL

the new constitution," then so much
of this constitution as was not separ-
ately ^-ubmitted to be voted on by
articles and sections shall be the su-
preme law of the state of Nebraska
on and after the eighth day of Octo-
ber, A. D., 1871, except as otherwise
provided herein; but if it shall appear
that a majority of the votes polled
were "against the new constitution,"
the whole thereof, including the ar-
ticles and sections separately submit-
ted, shall be null and void. If the
votes "for the new constitution" shall
adopt the same, and it shall appear
that a majority of the votes polled
are "for the independent ^secfon re-
lating to the liability of stockholders
in banking corporations, companies
and associations," said section shall
be a part of the constitution of this
state, and shall be substituted for
section two in the article entitled
"Banks and Currency," otherwise
such independent section shall be
null and void.

If the votes "for the new consti-
tution" shall adopt the same and it
shall appear that a majority of the
votes polled are "for the independent
article prohibiting state, county, and
municipal indebtedness," said article
shall be a part of the constitution
of this state, and shall be substituted
for article number — , entitled "State,
County and Municipal Indebtedne:^.3; "
otherwise such independent article
shall be null and void.

If the votes "for the new constitu-
tion" shall adopt the same, and it
shall appear that a majority of the
votes polled are "for the section re-
lating to compulsory education and
reformatory schools," said, section
shall be a part of the constitution of
this state, and stand as section num-
ber , of article number — , enti-
tled , otherwise such section

shall be null and' void.

If the votes "for the new consti-
tution" shall adopt the same, and it
shall appear that a majority of the
votes polled are for the section re-
lating to "inhibition and license,"

[August 18

said section shall be a part of the
constitution of this state and stand
as section number — -, of article num-
ber— , entitled ; otherwise

such section shall be null and void.

Section 11 was adopted.

The secretary read the next sec-
tion as follows:

Sec. 12. The general election of
this state shall be held on the Tues-
day succeeding the first Monday of
November of each year. All state,
district, county, precinct, and town-
ship officers by the constitution or
laws made elective by the people,
except school district officers -and
municipal officers in cities, villages,,
and towns, shall be elected at a gen-
eral election to be held as aforesaid.
Judges of the supreme, district and
county courts, all elective county and
precinct officers, and all other elec-
tive officers, the time for the election
of whom is not herein otherwise pro-
vided for, and that are not included
in the above exception shall be elect-
ed at the first general election after
the adoption of this constitution, and
thereafter at the general election next
preceding the time of the termina-
tion of their respecti'/e terms of of-
fice.

Provided: That at the first election
of the judges of the supreme court,,
herein provided for, no elector shall
vote for more than two candidates
for such office, and the three persons
having the highest number of votes
shall be declared elected.

Mr. GRIGGS. Mr. President, I
move to strike out the provision.

Mr. GRAY. I demand a call of the
house.

The secretary called the roll, pres-
ent 4 7, absent without leave, Mr.
Woolworth.

The sergeant at arms was sent after
Mr. Woolworth.

Mr. MAXWELL. Mr. President, I
move that further proceedings under
the call be dispensed with.

392

MINORITY REPRESENTATION

Priday]

The convention divided, and the
motion was agreed to.

Mr. MANDERSON. Mr. President,
I hope this mot-on to strike out will
not prevail. This is no new idea, and
Avhat men demand is that the supreme
court should be made up of men of
wisdom. Under this arrangement,
two shall be of the majority party and
one of the minority. It is just
enough of the principle of minority
representation not to be objection-
able.

Mr. TOWLE. Mr. President, I
move the previous question.

The PRESIDENT. The question
is, "shall the main question be now
put?"

The motion was agreed to.

The PRESIDENT. The main ques-
tion is on the motion of the gentleman
from Gage (Mr. Griggs) to strike out
the proviso to section twelve.

Mr. GRAY. Mr. President, I
arise for the purpose of ex-
plaining my vote, as there have
been allusions made here in ref-
erence to trades upon this sulj)-
ject. Now, sir, I wish it distinctly un-
derstood that I am not on the trade,
but that I vote upon all subjects with
reference to their particular merits
or demerits. I voted upon the inhi-
bition clause to retain it in the con-
stitution because I believe it right,
and not for the purpose of influencing
any member's vote upon this measure;
and if other members have con-
sciences that will allow them to vote
for that which they believe to be
wrong for the sake of getting them
to vote for other propositions they
believe to be right, why, then, sir,
all I wish to say in reference to this

[August 18

matter is, they have consciences that
are more pliable than mine and
whose consciences I do not envy.
And I further wish gentlemen to as-
sume the responsibilities of their
own acts; but, sir, I cannot allow
gentlemen to get up in their seats
and propose trades of this kind with-
out expressing my supreme contempt
for the same.

Mr. KIRKPATRICK. Mr. Presi-
dent, I shall vote in favor of strik-
ing out this provision for the reason
that it disfranchises the voters of
Nebraska. It says I shall not vote for
three.

Mr. HASCALL. Mr. President, I
should not have deemed it my duty
to explain my vote but for the re-
mark of the gentleman from Cass
(Mr. Kirkpatrick) . I expect to vote
against striking this out. By doing
so I do not expect to disfranchise
any one. The reason why I vote for
retaining it is that the supreme
court may not be of a partisan char-
acter, not that I wish to put poli-
ticians of different parties upon the
bench of the supreme court, but
merely that it shall be divested of
any party character whatever.

Mr. LAKE. Mr. President, I be-
lieve the principle upon which our
government is based is that the ma-
jority should govern, and that in
the election of state officers each
individual voter should have the
right to vote for all the officers, and
that the voice of the majority shall
govern in that regard: therefore I
shall vote in favor of striking out
the provision.

Mr. MASON. Mr. President, I
r!se to say I have steadily voted for

MANDERSON— TOWLE— GRAY— KIRKPATRICK— HASCALL—
LAKE^MASON

MINORITY REPRESENTATION— SCHEDULE 393

Triday]

TOWLE

[August 18

the proposition of minority repre-
sentation, notwithstanding those with
whom I associate and in whose prin-
ciples I believe, a large majority of
them, take the oppoisite view of
this question. I consider this to be a
saving clause for many of the evils
that are now complained of in the
body politic and infesting society.
I take pleasure in casting my vote
against the proposition to strike out.

Mr. TOWLE. Mr. President, I
believe that this is right upon prin-
ciple, and believe if it is not in the
constitution it will be defeated. I
shall vote against striking out.

The ayes and nays were demanded.

The secretary called the roll, and
the president announced the result,
yeas 19 ^ays 26, as follows:
YEAS

Gibbs, Myers,
Granger, Neligh,
Gray, Parchen,
Griggs, Price,
Kenaston, Sprague
Kirkpatrick, Reynolds,
Lake, Thummel,
Lyon, Weaver,
Maxwell, Mr. President. — 19

Moore,

NAYS

Abbott, Philpott,
Ballard, Robinson,
Boyd, Stevenson,
Campbell, Stewart,
Cas&ell, Scofield,
Eaton, Sneice,
Estabrook, Shaff,
Hascall, Thomas,
Kilburn, Tisdel,
Majors, Towle,
Mason, Vifquain,
Manderson, Wakeley,
Newsom, Wilson. — 2 6.

ABSENT OR NOT VOTING
Curtis, McCann,
Grenell, Parker,
Hinman, Woolworth. — 7.

Ley,

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

The twelfth section was adopted.

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

Sec. 13. The terms of office of
all state and county officers, of judges
of the supreme, district and county
courts, members of the legislature,
and regents of the university, shall
begin on the first day of January
next succeeding their election.

The thirteenth section was adopt-
ed.

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

Sec.—. The present state and
county officers, members of the leg-
islature, and regents of the univer-
sity shall continue in office until the
officers to be elected at the first
general election under this constitu-
tion shall qualify and be ready to
enter upon the discharge of the duties
of their respective offices.

The section was adopted.
The secretary read the next sec-
tion, as follows:

Sec. — . The supreme court, the
district courts, and the county courts,
established by this "constitution, shall
be the successors respectively of the
supreme court, the district courts
and the probate courts, having juris-
diction under the existing constitu-
tion.

The section was adopted.

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

Sec. — . The supreme court and
the district and the probate courts
now in existence shall continue, and
the judges thereof shall exercise
their powers and retain their present
jurisdiction until the courts provided
for by this constitution shall be
organized and capable of transacting
business.

The section was adopted.

394

SCHEDULE— LOCAL OPTION

Priday]

ABBOTT— HA SO ALL

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

Sec. — . All cases, matters and pro-
cecedings, pending undetermined in
the supreme court, are hereby trans-
ferred to the supreme court herein
provided for, and shall be heard and
determined therein, and all cases,
matters and proceedings pending un-
determined in the district courts for
the respective counties, are hereby
transferred to the district courts for
the same counties herein provided
for, and shall be heard and deter-
mined therein, and all cases, matters
and proceedings pending undeter-
mined in the probate courts of the
respective counties, are hereby trans-
ferred to the county courts of the
same counties, and shall be heard and
determined therein.

And all records and proceedings
in any court shall be transmitted to
Its successor and all orders-, judg-
ments or decrees of any court, shall
remain unimpaired by the adoption
of this constitution, and shall be en-
forced by and in the court which is
the successor of that by which they
were made, rendered or entered.

The section was adopted.

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

Sec. — -In case this constitution be
adopted, the existing constitution
shall cease in all its provisions.

The section was adopted.

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

Sec. — . The provisions of this con-
stitution, required to be executed
prior to the adoption or rejection
thereof, shall take effect and be in
force Immediately.

The section was adopted.

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

Sec- -. The legislature shall pasvs
all laws necessary to carry into effect
the provisions of this constitution.

The section was adopted.

[August IS

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

Sec. — . On the taking effect of this
constitution, all state officers there-
by continued in office shall, before
proceeding in the further discharge
of their duties, take an oath or affir-
mation to support this constitution.

The section was adopted.

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

Sec. — -. This constitution shall be
enrolled and deposited in the office
of the secretary of state, and printed
copies thereof shall be prefixed to
the books containing the laws of
this state, in all future editions' there-
of.

The section was adopted.
The secretary read the next sec-
tion, as follows:

Sec. — . The legislature shall pro-
vide by general law for submitting
to the electors of counties, cities or
towns in the state, the question of
"inhibition" or "license" for the sale
of intoxicating liquors, and shall
prescribe the manner of carrying in-
to effect the will of the people so
expressed.

The PRESIDENT pro tempore.
The question is upon the adoption
of the section.

Mr. ABBOTT. Mr. President, I
like the article well enough; but.
as it is here, I don't think it will
be a separate article.

Mr. HASCALL. The schedule we
have adopted shows this to be a sep-
arate article. I move that the rules
be suspended and that the report,
so far as read, be adopted.

Mr. ABBOTT, to Mr. Hascall.
Why not put in before this proposi-
tion, "to be submitted as a separate
article," as you did before the ar-
ticle on education?

LOCAL OPTION— COMPULSORY EDUCATION 395

Friday]

Mr. HASCALL. I will explain that
by saying that if there are two sec-
tions upon the same subject they are
designated by saying that one is to
be submitted separately just before
the section. This is the reason we
had for so stating with regard to the
educational article, there being two
sections in that article on the same
subject, only one of which was to go
in the constitution. But where there
is but one section there is no need
of saying "independent section." If
you w!ll look at the previous section
you will see that this section is re-
ferred to, and that it is to be sub-
mitted separately. This is the only
section upon this subject, and we say
in the report that the section relat-
ing to this subject is to be submitted
as a separate article. If these inde-
pendent sect ons are adopted by the
people, then they take a certain po-
sition in the body of the constitution.

Mr. ABBOTT. Mr. President, I
want all these propositions to be
designated so that there will be no
difficulty about knowing what they
are for and how they are to be voted
upon.

Mr. HASCALL. We can put a head-
ing to these articles which will make
the matter plain enough. I see the
pr nter has called all of these articles
sections. This mistake can be recti-
fied by the committee on revision and
adjustment.

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:

[August 18

Section of educational article to
be submitted as a separate proposi-
tion.

Education

Section 1. The legislature may re-
quire by law that every child of
sufficient mental and physical ability,
between the ages of eight and six-
teen years, unless educated by other
means, shall, in all cases when prac-
ticable, attend a public school sup-
ported by the common school fund,
for some definite length of time each
year to be fixed by law, and may
establish a school or schools for the
safe keeping, education, employment
and reformation of all children under
the age of sixteen, who are destitute
of proper parental care, or who are
growing up in mendicancy, ignorance,
idleness, or vice, which school shall
constitute a part of the system of
common schools.

The PRESIDENT pro tempore.
The question is upon the adoption
of the section.

Mr. ABBOTT. Mr. President,
Judge Wakeley made an amendment
to that section by inserting after the
word sixteen, the words "who for
want of proper parental care or
othewise." I move to strike out the
words "who are destitute of proper
parental care," and insert the amend-
ment of Mr. Wakeley.

The PRESIDENT pro tempore.
The question is upon the motion of
the gentleman from Hall (Mr. Ab-
bott).

Mr. ABBOTT. I did not wish to
make a motion. I simply wished to
call attention to what I considered
an omission.

Mr. WAKELEY. Mr. President, I
think that the committee on revision
and adjustment will fix that matter
all right.

HAS CALL— ABB OTT— WAKE LEY

396 MUNICIPAL DONATIONS— STOCKHOLDERS

Priday]

Mr. ESTABROOK. Mr. President,
I am willing that the amendment
should be put in, by unanimous con-
sent. Unanimous consent was given,
and the section so amended.

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. — . Municipal subscriptions
or donations to railroads or private
corporations. [Evidently this should
have been in the form of article —
Ed.].

Sec. — 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 donation to, or
loan its credit in aid of such cor-
poration: Provided, however, that
the adoption of this article shall not
be construed as affecting the right
of any such municipality to . make
such donation where the same has
been authorized under existing laws
by a vote of the people of such mu-
nicipalities prior to such adoption.

The PRESIDENT pro tempore.
The question is on the adoption of
the section.

Section 1 was adopted.

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

Sec. 2. Each stockholder in a
banking corporation, company, or as-
sociation, shall be individually re-
sponsible and liable to its creditors,
over and above the amount of stock
by him or her held, to an amount
equal to twice the entire amount of
his or her respective stock or shares
so held, for all its liabilities accru-
ing while he or she remains such
stockholder.

[August li

Section two was adopted.

Mr. ESTABROOK. Mr. President,
having passed through the article, I
have an amendment.

The secretary read the amend-
ment, as follows:

To amend article — by inserting:

The extension of the right of suf-
frage.

Sec. — . The leislature may extend,
by law, the right of suffrage to
persons not herein enumerated;
but no such law shall be in force
unji] the same shall have been sub-
mitted to a vote of the people at a
general election and approved by a
niajority of all the votes cast on chat
question at such election.

Amend section 11 by inserting:

"If the votes for the new consti-
tution shall adopt the same, and it
shall appear that a majority of the
votes polled are for the section re-
Ifiting to the extension of the right
oi suffrage," said section shall be a
part of the constitution of this stat*3
and stand as secMon number — . of

article number — , entitled ;

otherwise such section shall be null
and void.

Amend section 9 by inserting:
"For the section relating to the ex-
tension of the rights of suffrage."

Amend section 7 by inserting:

"The section relating to the ex-
tension of the right of suffrage."

Also give a copy of section to be
inserted in the schedule.

The PRESIDENT pro tempore,
dentlemen, the question is on the
adoption of the amendments just
read. The ayes aud nays are de-
manded. iSecretary, call the roll.

ESTABROOK

SCHEDULE

397

Friday]

HASOALL— WAKELEY— WOOLWORTH— TOWLE— EOBIXSON—
MASON

[August 18

The vote was taken, and the re-
sult announced, ayes 23, nays 18, as
follows:

AYES

Manderson,

Campbell,
Cassell,
Estabrook,
Gibbs,
Hascall,
Kenaston,
Kilburn,
Kirkpatrick,
Lake,
Lyon,
Majors,
Mason,

Abbott,

Boyd,

Granger,

Gray,

Griggs,

Myers,

Newsom,

Parchen,

Reynolds,

Maxwell,

Nellgh,

Philpott,

Price,

Robinson,

Stewart,

Speice,

Shaff,

Thomas,

Wakeley. — 23,

NAYS

Stevenson,

Sprague,

Thummel,

Tisdel,

Towle,

Vifquain,

Weaver,

Wilson,

Woolworth. —

ABSENT OR NOT VOTING

Moore,
Parker,
Scofield,
Wilson,

Mr. President. — 11

Ballard,
Curtis,
Grenell,
Hinman,
Ley,

McCann,

So the amendments were agreed

to.

Mr. HASCALL. I move the article
be engrossed for a third reading.

Mr. WAKELEY. I move that the
rules be suspended and the article
put upon its passage,

Mr. HASCALL. I will accept that
amendment.

The motion was agreed to.

The article was read a third time
by its title.

The PRESIDENT pro tempore.
The question is on the adoption of
the article. Secretary, call the roll.

Mr. WOOLWORTH, when his
name was called. Mr. President, I
wish to be excused from voting. I
have been absent with the commit-
tee on revision, and do not know
what has been going on.

Leave was granted.

The president announced the re-
sult, yeas 30, nays 13, as follows:

Ballard,

Boyd,

Campbell,

Cassell,

Estabrook,

Gibbs,

Gray,

Hascall,

Kenaston,

Kilburn,

Kirkpatrick,

Lake,

Lyon,

Majors,

Mason,

Abbott,

Eaton,

Granger,

Griggs,

Moore,

Myers,

Parchen,

AYES.

Manderson,

Maxwell,

Neligh,

Newsom,

Philpott,

Price,

Robinson,

Stewart,

Speice,

Shaff,

Thomas,

Tisdel,

Towle,

Wakeley,

Mr. President. — 30

NAYS.

Reynolds,

Sprague,

Stevenson,

Thummel,

Vifquain,

Weaver. — ^13.

ABSENT OR NOT VOTING.

Curtis,
Grenell,
Hinman,
Ley,

McCann,

Parker,
Scofield,
Wilson,
Woolworth.

Mr. TOW^LE, Mr. President,. I
move the vote by which the report
of the schedule committee was
adopted be reconsidered.

Mr. ROBINSON. Mr. President, I
move to lay that motion on the table.

Mr. MASON. Mr. President, I
hope the motion to lay on the table

398 SCHEDULE— EEA^ISION OF DEBATES

Friday]

ROBIXSOX— STRICKLAND -MASOX— GRAY

[August IS

will not prevail. Many gentlemen
leave this convention today noon. If
the motion to reconsider is voted
down, a bare majority of this con-
vention cannot come in here and tear
up the work of these separate sub-
missions. If it should be laid upon
the table they could do it. I hope
both the motion to lay on the table
and the motion to reconsider will be
voted down.

Mr. ROBINSON. I withdraw my
motion to lay on the table.

The PRESIDENT pro tempore. The
question is to reconsider the vote hy
which the schedule article was
adopted.

The yeas and nays were demanded.

The secretary called the roll, and
the president announced the result,
yeas 12, nays 3 2, as follows:

Abbott,

Eaton,

Griggs,

Maxwell,

Myers,

Parchen,

Ballard,

Boyd,

Campbell,

Cassell,

Esta brook,

Gibbs,

Granger,

Gray,

Hascall,

Kenaston.

Kilburn,

Kirkpatrick,

Lake,

Lyon.

Majors,

Mason,

YEAS.

Reynolds,

Sprague,

Stevenson,

Vifquain,

Weaver,

Woolworth.-

NAYS.

Manderson,

Moore,

Neligh.

.Xpwsom,

Philpott,

Price,

Robinson,

Sco field,

?haff,

Speice,

Stewart,

Tliummel,

Tlioiiias,

Tisdel,

Towle,

Wakeley.— I

•12.

ABSENT OR NOT VOTING.
Curtis, McCann,
Grenell, Parker,
Hinman, Wilson,
Ley, Mr. President. — 8.

Mr. STRICKLAND. Mr. Presi-
dent, I move the report be referred
to the committee on revision and ad-
justment.

The motion was agreed to.

Mr. MASON. Mr. President, I now
call up the resolution offered by the
gentleman from Douglas (Judge
Wakeley) in respect to the debates
of this convention, and move its
adoption.

The secretary read the resolution
as follows:

Resolved. That the official report-
ers [reports] of the debates and
proceedings of this convention shall,
on the completion thereof, be placed
in the custody and control of Messrs.
Robinson, Philpott and Cassel, who
shall carefully and safely preserve
the same until they shall have af-
forded to all members of the conven-
tion an opportunity to revise their
remarks, if they desire to do so, and
shall then deposit the same, together
with the original as reported, with
the secretary of state.

Mr. GRAY. Mr. President. I
think there is something in the re-
port of the committee on printing
with reference to the publication of
these debates; but. sir, so far as this
resolution is concerned, I am opposed
to it, for this reason: one of its main
features is the depositing of the de-
bates where members can have access
to them, and write them up to their
own notions, under the guis(^ of re-
vision. iVow, Mr. President, if Iht^se
debates have any value or use in
connection with the constitution at

EEVISON OF DEBATES

399

T'riday]

all, it is by virtue of the very words
that were said and taken down at the
time they were uttered. But, sir, to
write up these debates now, by the
light of subsequent reflection, would
be to deprive them of all practical
utility in arriving at the opinions of
gentlemen at the time they cast their
votes. Take them as they are, and
you know why they voted upon the
different questions, but take them
revised hereafter, and they are then
no index to the thoughts of gentle-
men when they voted at the time a
principle was under consideration;
therefore I am opposed to the resolu-
tion. If we have any use at all for
the preservation and publication of
the debates of this convention, it is
that we may have them to interpret
the constitution itself by their light.
But, sir, the only way they can be
useful for that is to retain them in
the language written, and any re-
vision hereafter will deprive them of
that.

Mr. STEWART. I have a substi-
tute for the resolution offered by the
gentleman from Douglas.

The secretary read the resolution,
as follows:

"Resolved, That the members of j
this convention be allowed thirty
days from the time of adjournment
to revise and correct their remarks,
but such revision shall only extend
to grammatical errors, and no part
shall be stricken out or any addition
made thereto, that shall in any man-
ner alter the meaning conveyed when
such remarks were delivered in con-
vention or committee of the whole
house.

Resolved, That the reporters of
' this convention be, and they are
hereby instructed to revise and cor-

[August 18

rect their reports of tlie debates and
proceedings, and, upon completion
thereof, deposit them with the sec-
retary of state."

Mr. MANDERSON. I do not ob-
ject to a part of the substitute of-
fered by the gentleman from Pawnee
(Mr. Stewart) that the sense of any
language used by any gentleman shall
not be changed. I do not believe any
gentleman wishes to change. But
there are blunders constantly made
I when one, in the heat of -the mo-
ment, gets up and attempts to ad-
dress the convention or any delib-
erative body, that need change. For
instance, my esteemed friend from
Johnson (Mr. Wilson) yesterday said
that "in the two cities of Omaha and
Otoe," meaning "Omaha and Ne-
braska City." Now, if this rule was
enforced to the full extent, that
blunder would remain upon the de-
bates. It is a blunder, and was not
merely a grammatical error. But
what I particularly object to is the
time fixed for the revision. We have
been here for two months; many of
us at great sacrifice of our personal
interests. As far as I am concerned,
-two or three weeks of hard, steady
work is required at my hands, dur-
I ing which I will have no time to re-
vise. I hope, after that, to take a
little recreation. We all hope to go
to Salt Lake, and the thirty days
will be exhausted.

It seems to me no certain time
should be set. These debates may
not be printed for six or eight
months. The legislature must s^y
how and when they shall be printed.
And there is abundance of time; and
it seems to me objectionable to limit

STEWART— MANDERSON

400

EEVISION OF DEBATES

Friday]

[it]. I shall therefore vote against
the substitute.

Mr, MASON. When we take a
broad view of this question, the
whole state is interested in this mat-
ter; its future pride is interested,
and the state itself must be inter-
ested for all time to come. Now I
wish to call the attention of the con-
vention to one fact — probably it is no
fault of the reporters — in the re-
marks I submitted about the first
time I addressed this convention. I
used the word "condenmation of
property." On examining the rec-
ords I find it is reported "damna-
tion." (Laughter.) Now it was only
for the want of a dot being placed
there by the reporter; but in the
noise sometimes the reporters would
miss a remark in the middle of a
sentence, and hence no idea was con-
veyed. It was no fault of theirs, but
of the confusion.

Now, on next Monday, I go into
court here; so soon as that court is
over, on the first of September, I go
into another court, and shall be busy
for nearly four months. If the sub-
stitute prevails, I am deprived by the
action of this convention of all op-
portunity to make even these verbal
corrections. Besides, sir, suppose a
man has chosen the wrong word, or
used a word which does not convey
the exact idea he had in his mind;
the opportunity of inserting the word
which does, should be offered. Be-
sides, these reporters, it will be borne
in mind, live in Omaha; they go and
come with the delegation from Oma-
ha, and tho fact of their residence
has furnished more conveniences for

[August 13

those who have enlightened this con-
vention with their counsel, to correct
and revise their remarks than
other gentlemen have had. Now,
then, thirty days, doubtless, would
do for them; but there are many here
for whom thirty days would not do.
Besides, my friend Mr. Robinson, in
whom, I, for one, have the utmost
confidence, proposes, if Judge Wake-
ley's resolution should pass, to take
the reports, day by day, sort out
each man's remarks, and put them in
the paper, so that when he comes
to revise them he will have his re-
marks for convenient reference;
when they have been revised, put
them back in the order in which they
come, thereby saving gentlemen the
trouble of going through the whole
stack to look for their remarks.

Now, for these reasons, when Mr.
Robinson proposes to take this bn.r-
den of labor for the credit of itie
state, and for our own good name,
it seems to me the resolution of
.Judge Wakeley should commend it-
self to every one. 1 am not one of
those, and I hope 1 never may be,
who would prevent any gentleman
from making sucii corrections as
would convey his idea; or who would
preserve some harsh remark. I might
gratify personal purposes by hurling
it in his face or blazing forth to the
world. And it seems to me it shows
very narrow^ views for statesmen, as
we ought to be, to desire this. Our
only pride should be to preserve in-
tact the ideas conveyed and clothe
them in such language as will reflect
no discredit upon tlie state. To ac-
complish this result. I believe the
mode suggested by Judge Wakeley

MASOX

EEVISION OF DEBATES 401

HASCALL— MASON— ABBOTT— WAKELEY [August 18

Triday]

commends itself more to my mind
than any other, because Mr. Robin-
son, whom [who] we all know is a
careful, industrious worker, proposes
to do this for the convention. And
it seems to me that resolution ought
to prevail.

Mr. HASCALL. I wish to protest
against the remarks of the gentle-
man from Otoe in this respect, that
the gentlemen from Douglas have had
more facilities for revising than any
others. I know I have not. The re-
porters, when they went back and
forth to Omaha, had no facil'ty to
allow us to correct. My remarks
remain just as the reporters have
taken them down, except in one in-
stance: I recollect I have corrected
at my desk some short remarks made
on a certain occasion. All the rest
remain. And I oelieve this is the
case with my colleagues.

Mr. MASON. I only meant to say
^"opportunity."

Mr. ABBOTT. I wish to offer a
resolution.

The secretary read "the resolution,
las follows:

Resolved, That a committee of
three be appointed who shall pre-
pare the reports, of the debates and
proceedings for the printer, and that
they shall be printed, and rough
drafts thereof be sent to each mem-
ber of the convention for revision,
before final publication and distri-
bution.

Mr. WAKELEY. I offered that
resolution, thinking that it was nec-
essary in order to secure anything
like a satisfactory report of the de-
bates in this body. I think every
gentleman will a^^ree with me, who
r has informed himself in regard to
the cond.'tion of the reports, that

they ought not to be published in
their present form. I do not mean
to say that the reports have not
been accurately taken, or that they
have not been taken as correctly as
it is usual for phonographers to take
them. I have had very little exper-
ience; but I have seen enough of my
remarks which were submitted by my-
self, that I am entirely unwilling for
them to appear in the precise gar-
bage [verbiage?] by which they are
represented in the reporters' notes-
It may result from the inaccuracy and
sometimes, perhaps, the awkwardness
with which I may have spoken in
extemporaneous argument. What-
ever the cause may be, I am certainly
entirely unwilling that my remarks
be printed in the same form in which
they are reported.

It may be more my fault than that
of the reporters, probably it is. Now
I think that every gentleman upon
this floor should have a chance to
revise his speeches, if for no other
reason than to correct grammatical
errors, mistakes, and repetitions. As
to this revision, Mr. President, I am
willing to trust to the honor of every
member in this convention, that he
will not revise his speeches so as to
give a different meaning to the lan-
guage which he used. I do not think
I have been associating for two
months past with gentlemen who
would do this. Now let us either
have the right to revise our remarks
and correct such errors and inaccu-
racies as we desire, or else let us
strike this report from the records
of the state. I think there is great
propriety in appointing the gentleman
named in this resolution. The report

402 EEYISION OF DEB. VTES

Friday] LAKE— KIRKPATRICK— STRICKLAND

can be left with the delegation who
reside here. They are men of res-
ponsibility, and I feel they can safely
be trusted with this revision.

Mr. LAKE. Mr. President, I
trust the motion of my colleague will
prevail. I am satisfied that no gen-
tleman upon this floor desires his re-
marks to be published without a
chance to revise them. It is well
known that in debate a speaker fre-
quently uses a word which fails to
convey his meaning. He thinks of it
afterwards, but will not go back and
correct his mistake. The audience,
in such cases, are generally able to
determine for themselves the word
which was intended. Very frequently
the speaker thinks he used the prop-
per word, and, if his remarks are
taken down verbatim, he will be of
the opinion, when he reads his speech,
that he used words entirely different
from the words he did use. Now I
suppose that these reports will be
published at some future time, and
fevery member 'of this convention
ought to have an opportunity to cor-
rect and revise his remarks, I don't
believe any gentleman upon this floor
has talked to so little purpose as to
wish to change the spirit of his
speeches. Now, sir, if so short a
time as that in the proposed substi-
tute is given, it will deprive a great
many gentlemen upon this floor [of]
an opportunity to make corrections.
The chief justice has said that his
time was so taken up that he cannot
attend to it now. I hope that the reso-
lution may be adopted.

The PRESIDENT. The question
is upon the substitute offered by the

[August 18

gentleman from Pawnee (Mr. Stew-
art.)

Mr. KIRKPATRICK. Mr. Presi-
dent, I presume it is the intention to
have these reports corrected so that
they will read just as they were
spoken. I say that the gentlemen
should have the right to look over
these reports. Now I undertake to
say that no matter how competent
these reporters may be, it is utterly
impossible for them to understand at
all times the remarks which were
made. It has been quite often that the
presiding officer could not hear what
was said. It is cuslomary to have
debates and proceedings of this
character revised. The debates of
the Illinois convention were revised
five different times, I am told. I
know that in congress speeches are
revised even after they have been
printed in the Globe. It is the cus-
tom in bodies of this character. I
know there are some gentlemen
here who say, Well, we did not
make speeches in which we abused
people, and we wiil hold those who
did to what they said. I made no
speeches of this character. I threw
no stones at the executive officers
or former legislatures. I am wil-
ling to go before the people credited
with the words I spoke.

^Mr. STRICKLAND. :\Ir. Presi-
dent, let us do as it is the custom to
do with similar reports. In Wash-
ington city they have an organ which
publishes the speeches made in con-
gress. It is the custom there to revise
speeches, as it is in every deliber-
ative body in the land. Now it is
true that when the reporters have
been listening with all possible at-

EEYISION OF DEBATES 403

HASOALL— CAMPBELI^EATON— WEAVEE^WILSON [August 18

Friday]

tention to what was said, speakers
have been broken right off in the
middle of a sentence, and it would
be impossible for them to make the
connection. I am satisfied it will
save a large expense in printing to
allow this revision, because, when
gentlemen look over their remarks
they will see that they said a great
deal which has really no meaning. I
know that in many instances gentle-
men have engaged in conversation,
and have talked so loud that it was
impossible for the reporters to hear
the words of the speakers. As I
said before, it is customary for such
reports to be revised, and I say, let
us follow the custom.

Mr. HASCALL. Mr. President, I
hope that this resolution, or a sim-
ilar one, will be adopted. Before
this resolution was introduced, I was
considering what course should be
adopted. We have incurred con-
siderable expense in getting this re-
port, because we thouglit it would
pay to go to this expense. I am sat-
isfied it is not in proper shape to be
put in a volume to go all over the
state, and also to other states, for
the differerit states exchange these
reports. As we have incurred that
expense, and as it is customary
that reports should be revised, I
think we should adopt that course.
The proposition offered is, perhaps,
the very best which we could adopt.
I think it would pay to pay these gen-
tlemen who have charge of the re-
vision of the report, rather than not
have it done, even though it should
cost a thousand dollars. I think the
, plan hit upon is right and proper, but
that we should have up to the time

of the meeting of the next legisla-
ture to look over, and revise the
speeches we have made here during
the sitting of this convention. After
we have revised the report, it will
be in proper form to go before the
country.

Mr. CAMPBELL. I think, for the
benefit of the state, we ought to
adopt this resolution and not the
substitute. If these reports are
published as these reporters have
been compelled to take them down.
Harper's Drawer will have food for
the next ten years to come.

Mr. EATON. Mr. President, I
am opposed to this entirely. I pro-
pose to hold those who have done
the talking here to the record. If a
member is allowed to revise his.
speech he may strike out a part of it,
and another who answered him may
not strike out what he said, and it
would put the honest member in a
bad light.

Mr. WEAVER. I would indorse
this were I perfectly satisfied if
nothing but grammatical errors
were to be corrected; but I am op-
posed to it if gentlemen wish to
write out speeches that never was
[sic] made here.

Mr. WILSON. I think that what
men utter on this floor ought to go
on the record. Let these gentlemen
go upon the record, and as my friend
from York (Mr. Moore) said, let it
be put to them as they said it. I
am not ashamed — -and I am the most
ignorant man in the convention — I.
am not ashamed to show my ig-
norance on that record, and these
learned gentlemen ought not to be
ashamed of their speeches. Let the

404

EEVISION OF DEBATES

Friday] MASON [August IS

record be as the reporters have
taken it; let every man stand for
himself.

Mr. MASON. Mr. President, if I
am the gentleman who is alluded to,
I stand up to say in this convention
and this state that I am bound by
every idea which has fallen from my
lips. And, sir, it is not for myself
I speak. Publish my speeches as they
are, and they shall speak for them-
selves, and I will put my finger to
my lips and point in silence to the
record. Aye, sir, if I have uttered
one word it has been in vindication
of fundamehta,l principles, and, I
trust, for the credit of the state to-
day, I stand here, not to plead for
or against any man, but to plead
for the glory of the state that we
have in keeping. No narrow, con-
tracted views, such as are in the
minds of some gentlemen, animate
my bosom; and may God wither it in
His wisdom if it did. If the small-
brained gentlemen who take delight
in writing ridiculous sentences for
their neighbors' doors gather delight
therefrom, let them glory in it as the
poisonous reptile glories in the sting
he gives to the innocent child. Let
him gather in his vindictive wrath
the sweet solution of vile vitupera-
tion until it shall aie in the poison
he has invoked. Nay, sir, it is not
for myself I speak, it is only, sir,
to hand down to posterity a record
that shall preserve the dignity, the
fame, the glory of this state; and if
I have been interested in any one
thing in my public life more than
[an] other, it has been this. So I say
to you, once again, vote this down
if you want to. If you think I am

interested in it, and it is to your
glory to thrust, vote it down, and you
wound me not at all. There is a
remedy left to me tnat is over and
above any dictation you may write on
the journals, the remedy of the law
that hands over to me my property
to correct and revise; and every [no]
lawyer upon this floor but that
knows it, and this resolution pro-
poses simply to give the right that
a bill in chancery would give to
every gentleman upon this floor; that
is all. It cam^ not from me, neither
from my counsels, as the gentleman
from Douglas will tell you. I held
no consultation with him, but from
a man whose justice and wisdom I
have ever found pleasure and de-
light in admiring; and I am sur-
prised that at the close, as the hour
of death closes over this convention,
that again, from every corner of this
hall, comes up this assault. Why is
this? What invoked it? The reso-
lution was not mine. It came not
from me. ^ly voice will forever be
be heard in vindication of prin-
ciples which I think redound to the
glory and credit of the common-
wealth,, in defiance of all these
machinations, whether inspired by
principle, or by hatred or malice.
Now, sir, once again, I say Judge
Wakeley's resolution simply carries
into practical effect just exactly
what yonder jurist, sitting in his
seat, will tell you a bill in chancery
would accomplish, handing over to
the individual the report of his re-
marks for correction; and, sir, to
avoid these numerous applications
to the tribunal of justice, I would
pass this resolution. It originated not

EEVLSION OF DEBATES

405

Friday] ' HASOALL— BALLARD— ROBINSON— ESTABKOOK— MAXWELL [August 18

with me; it was suggested not by me;
I knew not of it till the gentleman
from Douglas offered it.

Mr. HASCALL. Mr. President, as
the gentleman from Johnson (Mr.
Wilson) has lifted the hair of the
gentleman from Otoe (Mr. Mason),
and as the gentleman from Otoe has
now lifted the hair of the gentleman
from Johnson, and as neither had
any hair to lift, I hope the scalping
knife will now be put in its sheath,
Mr. BALLARD. Mr. President —
Mr. ROBINSON. Mr. President, I
will say, in justice to some gentle-
men here, — I will say I, myself, sug-
gested this very resolution. I did
not do it because 1 had any personal
interest in the matter. I thought we
were here, near the end of the ses-
sion, and in a fair situation to af-
ford any gentleman the opportunity
the resolution seeks to give; and I
am confident that if the debates are
publishecT 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 report-
ers have not done their duty; I think
they have done it very faithfully.
Gentlemen here in debate have used
language which failed to express
their exact meaning. If they had
conveyed their meaning at the time
it would not have been necessary. I
do not believe, Mr. President, any
man desires to change the substance
of what he has said; in fact it can-
not be done. The journal shows how
every member voted and the position
he took on all questions where the
,ayes and nays were called, and it is
impossible he could go back on that

record and not puc himself in the
light he was. Farther than that,
every man, in speaking for myself —
every man in this convention who
has spoken is more than anxious that
the sentiment he spoke should be
published as he intended. In other
words, he is proud of the position
which he has taken. There is no
danger of men changing the substance
of what they have spoken.

Mr. EiSTABROOK. Mr. President,
I do not know how the resolution
reads, but it strikes me that all the
evils resulting from this resolution
may be corrected by providing that
the original shall be retained and go
to the legislature for its action along
with the corrected speeches, and
they may do what they please with
it. I believe that the speeches are
as important a part of this conven-
tion as anything else we have done.
I do not agree with the gentleman
from Otoe (Mr. Mason) that his
speeches are his property, to be sur-
rendered to him by mandamus or
otherwise. They are my property as
much as his. By them we are to in-
terpret whatever hidden meaning or
mystery there may be in his acts, and
it is mine to interpret by as much
as his. I do not propose any man
shall be compelled to publish his
crude ideas, to be compelled to let
them go in that form, but I do not
propose to allow them to make such
corrections as shall be fundamental.

Mr. MAXWELL. Mr. President, I
trust the resolution offered by Judge
Wakeley will be adopted. Now, if the
reports taken down by the reporters
are correct, there might be some rea-
son for opposing this, but it is sub-

406

EEVISION OF DEBATES

Friday]

ESTABROOK— MAXWELL— GIBBS— HASOALL— STEWART-
STRICKLAND

[August 18

mitted on all hands that they are
not correct. In many instances the
noise has been so great they have
not heard all the remarks. As I un-
derstand it, they report by sound al-
together, and where there is much
noise a great many words escape
them. If you publish the debates,
publish what the speakers did say.
No speaker can disguise a speech so
that the sentiment does not appear,
and you have the word of the gentle-
man that he will only change what
he did not say. Now, if these reports
are not what we have said, what we
actually did say, why publish them?
I trust every gentleman will have an
opportunity to revise his remarks,
and that the book may be published.

Mr. ESTABROOK. You would
preserve the original?

Mr. MAXWELL. The remarks not
being the original, in many instances,
the gentlemen making them —

Mr. ESTABROOK. Those reports
are the property of the state. Now
you propose, if you soil [spoil?]
them, to put something else in their
place.

Mr. MAXWELL. It is conceded that
those reports are not exactly what the
members said. It follows, then, that
the party shall say what he did say —
write it out. That is the only way.
I trust the motion will prevail.

The substitute offered by Mr. Ste-
wart was not agreed to.

Mr. ESTABROOK. I would amend
to add to the original motion, "to-
gether with the original speech."

The amendment was agreed to.

The original motion, as amended,
was agreed to.

lieave of Absence.

Mr. GIBBS. I wish to ask for in-
definite leave of absence from today
noon.

"Leave! Leave!"

Mr. HASCALL. I hope we will not
grant any leave of absence now.

Mr. STEWART. The gentleman
from Douglas ought to have thought
of that when he went home every
Saturday.

Mr, GIBBS. There are many who
intend to leave.

Mr, ESTABROOK. Let me sug-
gest a good reason why they ought
not — that when this is concluded
every man should subscribe his name
to it.

Mr. STRICKLAND. We can posi-
tively get away tomorrow noon.

Leave of absence was refused Mr.
Gibbs.

The PRESIDENT pro tempore. I
find a matter here which we were
to consider at the same time as the
schedule.

Mr. HASCALL. I move we adjourn
till two o'clock.

The motion was agreed to.

So the convention (at 12 o'clock
and 2.0 minutes) adjourned.

Afternoon Session.

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

The PRESIDENT. Gentlemen,
there was left upon the table a sub-
ject in relation to the schedule: "T.t?
legislature may provide a suitabl'^

HOME OF GOVEENOR

407

Friday] STEWART— MASON— KIRKPATRICK— MAXWELL [August 18

residence for the governor of the
state."

Mr. STEWART. I move it be in-
definitely postponed.

Mr. MASON. I introduced that, Mr
President, believing it will, if the leg-
islature think fit to say they may,
build an executive mansion. I ha^^e
no doubt about their power to do this.
It does not say they shall: it leaves
it in their discretion and gives it the
moral sanction of the convention. It
hurts nobody: it simply asks for an
expression of the convention.

The convention divided, and the
motion to indefinitely postpone was
not agreed to.

Mr. MASON. I move the adoption
of the resolution, not to be a part
of the constitution, but simply [an]
expression of the sense of the con-
vention.

Mr. KIRKPATRICK. And I think,
in all probability, the legislature had
rather not take the advice of this con-
vention. I think the whole subject
had better be dropped.

Mr. MAXWELL. Mr. President,
although, as the gentleman suggests,
this is merely a recommendation in
one sense, it is, in fact, providing that
the legislature shall. I am inclined
to think that they have the power
without any provision of this kind.
This is no part of the schedule, and
will have to be a separate article. It
becomes a part of the constitution.
And now we have voted that the gov-
ernor snail have a salary of $3,000
per year — larger than [the salary of]
the governor of any other western
state except California — and it seems
fo me this cannot be put in unless we
reconsider the vote by which we

adopted the schedule, and make it a
part of the schedule. This says the
legislature may. That implies they
have no power. I think all the way
through we have made a mistake in
following the constitution of the
United States, which is a constitu-
tion of delegated powers. This is
not one of delegated powers. The
people of the state provide an or-
ganic law which is or ought to be,
a code of principles. Now, all the
authority of this convention lies
in the people, and, while there is no
restriction, the legislature certainly
has the right to provide a residence
of this kind. Why not provide for all
the state officers? I move that the
motion lie on the tat)le.

The PRESIDENT. I have not treat*
ed this as a proposition to be incor-
porated into the constitution, because
it should have been read the usual
number of times. It could not go
into the constitution with the course
it is now taking.

Mr. MASON. I simply propose
that the convention should pass the
resolution and refer it to the legis-
lature to bring the matter before
them for the protection of the state.
It will be borne in mind that a sim-
ilar proposition was suggested by
General Estabrook. I said then I
was opposed to the state's entering
upon any further schemes for the
erection of buildings not necessary
to conduct the public affairs of the
state; and the only object in asking
the sanction of the convention now
is to challenge the attention of the
legislature to those matters alluded
to in the speech of General Esta-
brook, and leave them free to act

408

HOME OF GOVERNOR

Priday]

as they please. I concur with the
gentleman from Cass (Mr. Maxwell)
that they have the power to do this
without any provision in the consti-
tution, and I simply wish it so that
those matters alluded to by General
Estabrook might receive the atten-
tion of the legislature. Therefore I
hope the motion to lay on the table
will not prevail.

Mr. KIRKPATRICK. Cannot the
gentleman accomplish his object in
a more simple way? Why not refer
this resolution to the next legisla-
ture?

Mr, MASON. I move that the res-
olution, with the remarks submitted
in the report of General Estabrook
in respect to this matter, be referred
to the special consideration of the
first legislature meeting under this
constitution.

Mr. ESTABROO:rr. it would suit
me better to put it with the portion
of the proposition to be submitted.
It will not cost any more to submit
a dozen. Mr. President, it would
suit me better to submit this matter
with the others which are to be
submitted separately. I presume
when an investigation is instituted
it will be found that there are
buildings in this neighborhood
owned and occupied by individuals
who, perhaps, are indebted to the
state, and who may be unable to
make payment of such indebtedness.
If this be true, that there are
moneys due this state which will not
be paid unless we ao take property
of this kind, I submit to the gentle-
men here whether it will not be wise
to take what we can get, provided
we can make good use of the prop-

[August IS

erty so obtained. We give our gov-
ernor $3,000 a year under our new
constitution, and compel him to live
at the capital. Me is expected to
entertain company as they come,
and it is expected that the manner
in which he lives will be taken as
an index, to some extent, of the
prosperity of the people of the
state. Now the building referred to
is not the only building here which I
can point out as the property of the
state, as a matter of law. If these
doubtful claims can be settled, and
we secure at the same time a man-
sion for the governor of our state,
so that visitors who come may find
him in comfortable quarters, I think
it will be well to do so; but I would
rather have this matter go in the
form of a separate provision.

The PRESIDENT. The question
j is upon the reference of the whole
subject matter to the n^xt legis-
lature.

The convention divided, and the
motion was agreed to.

RESOLUTIONS.

Members of the Coiiveiitioii Ineligi-
ble to Office.

Mr. VIFQUAIN. Mr. President, I
wish to offer a resolution. The sec-
retary read the resolution as follows:

Resolved, That no member of this
convention shall be eligible to any
office in this state within one
[year?] from the time of adoption of
this constitution.

The PRESIDENT. It will be re-
ferred to the committee on schedule,
no objection being made.

KIBKPATRIOK— MASON— ESTABROOK— VirQUAIN

ADVERTISING THE CONSTITUTION 409

Friday] PHILPOTT— BOYD [August 18

Omcial Reporters — Extra Pay.

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

The secretary read the resolution,
as follows:

Resolved, That the president of
this convention be and is hereby
authorized to certify to five days ex-
tra work for the reporters of this
■convention for services rendered
during the night session of the con-
vention.

The resolution was adopted.

Unpaid Bills.

Mr. BOYD. Mr. President, I have
a resolution I wish to read.

The secretary read the resolution,
as follows:

Resolved, That all unpaid accounts
of this convention be laid before the
secretary of state.

The resolution was adopted.

Printing and Binding.

The PRESIDENT. Gentlemen,
what will you do with this report of
the committee on printing and bind-
ing?

The secretary read the report, as
follows:

Mr. President, your committee on
printing and binding, to whom was
referred the resolution relating to the
printing and distribution of the con-
stitution, most respectfully report
the following for the consideration
of the convention.

J. C. CAMPBELL,

Chairman.

Resolved, That the secretary of
state be directed to have printed,
forthwith, in pamphlet form, 15,000
ycopies of the address and constitution
in the English language, and 3,000
copies of the same in the German

language, and that they be expressed
in equal numbers at the public ex-
pense to the members of this con-
vention.

Resolved, That the secretary of
state be instructed to furnish to each
weekly newspaper in the state, at
the earliest practicable moment, two
printed copies of the a^^^lress and
constitution for publication, to be
paid for out of an appropriation to
be made by the first legislature that
shall convene under this constitution:
Provided, that no paper shall re-
ceive more than twenty-five dollars
for the same.

Resolved, That the secretary of
this convention be, and is hereby
authorized to prepare a copy of the
journal of proceedings of this con-
vention, and an index of the same
for publication at a cost not exceed-
ing three hundred dollars, and that
he is hereby charged with the revision
and proofreading of the same, for
which he shall receive the sum of
three dollars per day.

Resolved, That the secretary of
state be, and he is hereby authorized
to advertise for bids for the publica-
tion of the journal and debates of
this convention for four consecutive
weeks, and that he be and is here-
by required to contract with the low
est bidder for doing said work.

Resolve\d, That one of the jre-
porters of this convention be, and
is hereby authorized to prepare an
index to the debates of this body, to
be published therewith, and that he
be allowed a sum not exceeding — —
dollars for the same, and that he
shall be charged with the revision
and proofreading of said debates
and index, for which he shall receive
the sum of three dollars per day.

Resolved, That when the journal
and debates of this convention shall
be published, that the secretary of
state shall cause to be forwarded to
each member of this convention two
copies of each.

410 ADVEETISING THE CONSTITUTION

Friday]

GRIGGS— ABBOTT— MYERS— HASCALL

[August 18

Mr. GRIGGS. Mr. President, I
move to strike out "15,000," where
it occurs, and insert "10,000," and
to strike out "3,000 copies of the
same in the German language."

Committee on Address.

The PRESIDENT. I wish to an-
nounce a committee to prepare an
address to be printed with the con-
stitution for circulation among the
people, and will appoint that com-
mittee now. The committee will
consist of Messrs. Manderson, Camp-
bell, Wakeley, Towle, Stewart,
Moore, and Gray.

Mr. ABBOTT. Mr. President, as
Mr. Towle is not here, I would sug-
gest that the gentleman from
Platte (Mr. Speice) be named in his
place.

The PRESIDENT. I will appoint
Mr. Speice, then, in the place of Mr.
Towle.

Printing and Binding — Again.

The PRESIDENT. The question
is upon the motion of the gentleman
from Gage (Mr. Griggs) to strike
out "1 5,000" where it occurs, and
insert "10,000," and to strike out
"3,000 copies of the same in the
German language."

The motion was agreed to.

Mr. MYERS. Mr. President, 1
move to insert, "1,000 copies of the
same in the German language."

The PRESIDENT. The question
is upon the motion of the gentleman
from Douglas (Mr. Myers).

The convention divided, and th(
motion was agreed to.

I Mr. HASCALL. I move that we
print one thousand in each — ^Ger-

man, Scandinavian and
languages.

Bohemian

The PRESIDENT. The question
is on the motion of the gentleman
from Douglas.

The ayes and nays are demanded.
Secretary, call the roll.

The vote
announced,
lows:

was taken and the result
ayes 29, nays 12, as fol-

Abbott,
Boyd,
Granger,
Gray,
Hascall,
Kenaston,
Kilburn,
Kirkpatrick,
Lake,
Majors,
Manderson,'
Maxwell,
Moore,
Myers,
McL ann,

Ballard,

Campbell,

Cassell,

Eaton,

Estabrook,

Gibbs,

AYES.

Neligh,

New'som,

tnilpott,

Price,

Stevenson,

Sprague,

Scofield,

Speice,

Thomas,

Thummel,

Tisdel,

Vifquain,

Wakeiy,

Weaver. — 29.

NAYS.
Griggs,
Mason,
Lyon,
Reynolds,
Robinson,
Stewart. — 12

ABSENT AND NOT VOTING.

Curtis, Shalf,

Cxrenell, Towle,

Hinman, AVilson,

Ley, AVool worth,

Parchen, Mr. President. -
Parker,

So the amendment was agreed to.

The PRESIDENT. The question
is on the adoption of the section.
The section was adopted.

ADVEETISING THE CONSTITUTION 411

Friday]

KIRKPATRICK— GRAY— NELIGH— CAMPBELL— LAKE

[August IS

The secretary read the second res-
Dlution as follows:

. Resolved, That the' secretary of
state be instructed to furnish to each
weekly newspaper in the state, at the
earliest practicable moment, two
printed copies of the address and
constitution for publication, to be
paid for out of an appropriation to
be made by the first legislature that
shall convene under this constitu-
tion, provided that no paper shall re-
ceive more than twenty-five dollars
for the same.

Mr. KIRKPATRICK. Mr. Presi-
dent, I have made a little calcula-
tion, and find if twenty-five dollars
Is paid to each weeklj^ paper in the
state it will amount to $950, and I
do not see why two printed copies
should be furnished to each news-
paper. Why not publish one? The
sum of twenty-five dollars to each
paper is too large. More than that,
I take it the newspapers of this
state will have the public spirit to
give this matter to the people. I
would not like to patronize any pa-
per that would not publish it.

Mr. GRAY. Mr. President, I am
anxious, for my part, to see this con-
stitution published in such a way
that the voters or this state will
know what is contained in it. This
first section, in my opinion, while 1
tiave no objection to it, will not ac-
complish that object. This first sec-
tion, it seems to me, will only par-
tially accomplish that object, and
naay not effect any good at all. But
this second section, if it is adopted
lere, will accomplish the whole work,
[f it is published in every paper in
the state, every voter will have a
chance to read it and reflect upon it;
Dut if you publish it in ordinary

form, take ordinary chances for its
distribution, there is no human prob-
ability, no reason to expect, that
they will be delivered generally
through the state. I am aware if
each paper is paid twenty-five dollars
each it will amount to $950; but can
you spend that amount of money to
any better advantage? If the gen-
tleman wants to save money, save
what will be expended in publishing
these in pamphlet form. We have
got to spend money to get this con-
stitution published; and, after spena-
ing all the money we have spent
here, shall we stop now for a pitiful
sum of one thousand dollars? No,
sir. Let us have it published; let
us make good use of the last, I hope,
expense of this constitutional con-
vention,

Mr. NELIGH. Mr. President, I
move an amendment to strike out
twenty-five and insert fifteen.

Mr. CAMPBELL. Mr. President, I
think it is too much work to expect
these newspapers to publish this for
nothing. I asked several gentlemen
of the press how much they thought
they ought to have; they said fifty
dollars; but I know gentlemen gen-
erally estimate twice as high as it
ought to be, so I put it at twenty-five,
and there is where it ought to stay.

Mr. LAKE. Mr. President, this is
not a very large sum. It is only
twenty-five dollars to each paper in
the state to publish the constitution.
Now, sir, I believe tnat we ought at
least to inform the people of the
state as to what is contained in this
constitution, so that they may vote
intelligently upon it. If we desire
to have it defeated, then it would be

412 ADA^KTISING THE CONSTITUTION

Friday] LAKE— SPRAGUE

wise, perhaps, for us to refuse its
publication; because I am sure no
intelligent person will vote to adopt
an organic law of which he knows
nothing. I certainly would not vote
to adopt a law as my rule of action
if I knew not what it contained, if I
was entirely unacquainted with its
piTOvisions. Nor do I believe the
good people of this state will take up
our work and adopt it if we fail to
inform them what we have done.
Now, sir, the pamphlets we have or-
dered, that may be distributed
throughout the state, will reach a
good many persons, unquestionably;
but there are a great many who take
the papers who will never see one
of these pamphlets. My own expe-
rience [is] that it takes consider-
able time to publish pamphlets and
send them to different members and
then distribute them throughout the
county, all through the constituency.
It takes up considerable time, and
now we have only one month to go
upon until the election comes, when
the people are to determine whether
this work we have given to them
shall be adopted or not. And, sir,
it seems to me that there can be no
better plan adopted than this, which
is proposed to the committee, to wit:
that, in addition to the pamphlets
they have provided for, that we* pro-
vide for the publication of the con-
stitution in the papers of the state.
Then all individuals who subscribe
for the different newspapers of the
state will, at least, have the oppor-
tunity of informing themselves as to
this constitution. And, Mr. Presi-
dent, I take upon myself to say that,
without question, there will be ten

[August 18

persons read the constitution in the
newspapers where one will read it in
the pamphlets, not because they pre-
fer to read it in the type in which
it will be set up in the newspaper
publications, but for the very reason

that the newspapers will reach the

■

subscribers, our constituency, and
the pamphlets will reach very few of
them, indeed. Now, sir, I hope this
modest request of ilie committee, a
very small sum compared with the
great benefit to be derived there-
from, will be acceded to, and that
we shall not show ourselves to be so
extremely penurious as to withhold
this small pittance when so much
good will come from it.

Mr. SPRAGUE. Mr. President, as
one member of that committee, I
will say the committee conceived
this method of publishing in pamph-
lets would reach but comparatively
few, compared with the number that
would receive information from
these papers; and, sir, so far as I am
concerned as a member of that com-
mittee that if either section is to be
voted down, it should be the first
one and not the second. If we de-
pend upon that system of dissem-
inating information with reference
to this constitution but very few of
our constituents will ever see it. So
far as paying for the publication in
these papers is concerned, it is a
matter upon which 1 possess no defi-
nite knowledge; but, as was stated
by the chairman of the committee,
fifty dollars is a small sum to pay
each paper. But it was considered
that the papers would be in part
compensated by filling their columns
with a matter of news, hence we

ADVEETISING THE CONSTITUTION 413

NELIGH— MAXWELL— CAMPBELL— GRIGGS— ABBOTT [August 18

Friday]

placed it at twenty-five dollars,
which I think is a small sum; but I
hope it will not be cut down.

Mr. NELIGH. Mr. Presrdent, I
withdraw my motion.

Mr. MAXWELL. Mr. President,
we have only one month in which to
bring this knowledge before the
people, and I think the amount pro-
vided to be paid is very small.

Mr. CAMPBELL. Mr. President, I
have found out, since the report was
made, that the mere cost of setting
the matter up will come to twenty-
four dollars.

Mr. MAXWELL. If I was in favor
of any amendment to this report, it
would be with regard to the number
of publications. Now a great many
people don't see a weekly paper;
they read the dailies, and don't see
the weekly papers at all, hence I
would be in favor of striking out the
word weekly, and then the resolu-
tion would apply to all papers.

Mr. GRIGGS. Mr. President, all
I wish to say is I hope the speakers
will confine themselves to short
speeches this afternoon.

The PRESIDENT. The question
is upon the adoption of the second
resolution of the report.

The resolution was adopted.

The secretary read the next reso-
lution, as follows:

Resolved, That the secretary of
this convention be, and is hereby au-
thorized to prepare a copy of the
journal of proceedings of this con-
vention, and an index of the same for
publication at a cost not exceeding
three hundred dollars, and that he
is hereby charged with the revision
' and proofreading of the same, for
which he shall receive the sum of
three dollars per day.

The resolution was adopted.

The secretary read the next reso-
lution, as follows:

Resolved, That the secretary of
state be, and he is hereby authorized
to advertise for bids for the publica-
tion of the journal and debates of
this convention for four consecutive
weeks, and that he be and is hereby
required to contract with , the lowest
bidder for doing said work.

Mr. MAXWELL. Mr. President, I
move to strike the resolution out. I
think this convention ha^. no author-
ity to authorize the i 3cretary of
state to advertise for bids for the
publication of this journal.

The PRESIDENT. The question
is upon the motion to strike out the
resolution.

The motion was agreed to.

The secretary read the next reso-
lution, as follows:

Resolved, That one of the report-
ers of this convention be and is here-
by authorized to prepare an index
to the debates of this body, to be
published therewith, and that he be

allowed a sum not exceeding — •

dollars for the same, and that he
shall be charged with the revision
and proofreading of said debates and
index, for which he snail receive the
sum of three dollars per day.

Mr. ABBOTT. Mr. President, I
move to strike the resolution out.

The motion was agreed to.

The secretary read the next reso-
lution, as follows:

Resolved, That when the journal
and debates of this convention shall
be published that the secretary of
state shall cause to be forwarded to
each member of this convention two
copies of each.

414 PUBLISHING RECORDS OF THE CONVENTION

Friday] GRIGGS— CAMPBELI^LAKE—M'CANN [August

Mr. GRIGGS. Mr, President, I
move to amend by inserting, after
the word members, the words "and
officers."

Mr. CAMPBELL, Mr. President,
the secretary of state, according to
the act which convened this conven-
tion, is to provide "for such print-
ing as the convention may require."
Now, according to these resolutions,
he is required to publish our jour-
nal and our debates. I move to re-
consider the vote by which the reso-
lution relating to that matter was
stricken out.

The PRESIDENT. The question
is upon the motion to reconside'^ the
vote by which the fourth resolution
was stricken out.

The motion was agreed to.

Mr. LAKE. Mr. President, I
think the action of this convention
was right in the first place, and that
the vote ought not be reconsidered.

The PRESIDENT. Will the gen-
tleman allow me to read section 8
of the act referred to? The section
reads:

Sec. 8. It shall be the duty of the
secretary of state to attend said con-
vention at the opening thereof; and
lie and all other public officers shall
furnish said convention with all such
statements, books, papers and public
documents in their possession, or
pertaining to their office, as the con-
vention may order or require; and it
shall be the duty of the secretary of
state to furnish the members with
such stationery as is usual for the
legislature while in session, and to
cause such printing to be done as the
convention may require.

Mr. LAKE. That is very true, Mr.
President, but this only authorizes
the secretary of state to provide such
printing as may be required to carry

on the business of the convention.
Suppose the legislature should come
to the conclusion that it was unwise
to have the debates published at
all? Had we not better wait until
we find whether the lawmaking
power decides to have these journals
and debates published? I think it
would be unwise to give the secre-
tary of state, or anyone, power to
enter into a contract of this kind un-
til the question is decided whether
the journal and debates are to be
published. Suppose that constitu-
tion should not be adopted: would
[it] be considered necessary to pub-
lish the journal and debates? Let
the matter rest and if it is consid-
ered important to have them pub-
lished, the legislature will have suf-
ficient authority to do so, and the
legislature might determine that
some other person would be far more
suitable than the one we propose to
entrust this business with. The sec-
retary of state should not be per-
mitted to advertise for bids until it
is shown that there is a necessity for
doing the work. I hope that the
former vote upon this subject will
be repealed, and that no action will
be taken further than to provide
as we have in the resolutions
which have been adopted. When
these debates and journal shall be
published, then, of course, the . mem-
bers and officers of the convention
should be supplied with copies for
distribution.

Mr. McCANN. There is another
and a cogent reason why number
four should not be adopted. If it is
adopted, and bids are asked for, now
after the appropriation has been ex-

PUBLISHING KECOEDS OF THE CONVENTION 415

MANDEESON— MAXWELL— CAMPBELL [August 18

Eriday]

hausted, this work will be done
while the state warrants are at 80
per cent on the dollar. When the
next legislature meets, if the con-
stitution shall be adopted, they will
provide for the printing of these de-
bates and the journal, after our
credit has been enhanced, and war-
rants will be worth what they call
for. I see no necessity for haste in
the matter. If the constitution is
not adopted we do not want them
published. If. it is adopted, the leg-
islature will take the necessary
steps.

Mr. MANDERjsON, Aside from
our financial condition, as a consti-
tutional convention I do not believe
we have the right, under the act call-
ing this convention, to order the
printing of these proceedings. The
act provides that we may order the
secretary of state to do certain print-
ing, "such as the convention may
require." Do the needs of the con-
vention require the publishing of the
debates? Those are an after-consid-
eration, for the good of the people,
not for the good of the convention in
framing this constitution. It seems
to me we ought to leave this to the
legislature. But I think there should
be some expression of the views of
this convention, as to the wisdom of
publishing them. I believe we ought
to consider the publishing of these
debates as an important matter for
the people. I vote to reconsider the
fourth section; and I now move that
sections four, five and six be stricken
out; and as a substitute for the third
I offer the following resolution:

"Resolved, That this convention
recommend to the first legislature

that shall hold its session after the
adoption of the constitution by the
people, the publication of the de-
bates of the convention and the dis-
tribution of the same."

This resolution is so drawn that it
does not recommend the publication
of the debates, provided the consti-
tution is not adopted. But we rec-
ommend that it publish the debates.
Now, as to the manner of distribution
of these debates, tile resolution thus
provides, that each member of the
convention receive two copies. I
would not fix any number. The leg-
islature will very properly think the
members should have some copies
each, and therefore I offer this sub-
stitute.

The substitute was agreed to.

Mr. MAXWELL. Section 2, I
think, might be improved very much.
I can see no necessity for confining
the publication strictly to weekly pa-
pers. I think section 13 of the act
calling this convention would be a
very proper one, if altered to meet
the case by striking out the date and
inserting a new date, etc.

Sec. 13. Any newspaper in th's
state, which shall give this act one
insertion before the tenth day of
April, 1871, shall, upon forwarding
to the secretary of state a copy con-
taining such publication, be entitled
to receive pay for the same, at the
same rate as allowed by contract for
publishing the laws of the state,
which sum shall be certified to the
auditor, who shall draw a warrant
upon the treasurer for that amount.

Mr. CAMPBELL. The reason we
said weekly papers was because they
are the kind that go into the coun-
try.

Mr. MAXWELL. I move to strike
out the word weekly. Why confine

416 ADVERTISING THE CONSTITUTION

Friday] MYERS— KIRKPATEICK— CAMPBELL— MAJORS— MAXDERSOX—

GRIGGS— STRICKLAXD

this to any class of papers? Why
not say any paper that will publish
this and bring it before the people?
The papers only receive twenty-five
dollars. The daily papers will have
the largest bargain [?]. Many per-
sons in towns take the dailies, but
not the weeklies. I am in favor of
giving the largest possible circula-
tion.

The convention divided and the
motion was not agreed to.

The PRESIDENT. Will Mr. Max-
well preside for a short time.

Resolution.

Mr. MYERS. I wish to offer a
resolution.

The secretary read the resolution,
as follows:

"Resolved, That the president of
this convention be authorized to cer-
tify ten days' extra pay to the sec-
retaries of this convention ^or night
services."

Mr. KIRKPATRICK. Mr. Presi-
dent, I think a good deal of the sec-
retaries of this convention, but I do
not think they ought to have any
extra pay. The reporters have been
allowed extra pay, but they worked a
good deal harder. The secretaries
have very little to do. They have
four hundred or five hundred dol-
lars for the superintending of the
journal.

Mr. CAMPBELL. They did not do
any' work, did they? I do not know
that they have been busy.

Mr. MAJORS. Before I would vote,
I think, in favor of that, I would
wish the gentlemen secretaries to
furnish a bill of their acts at night
time, so that we could see.

[August IS

The convention divided and the
resolution was agreed to.

Mr. Manderson. I have a resolu-
tion.

The secretary read the resolution
as follows:

"Resolved, That the secretaries of
this convention be instructed to pre-
pare, for the use of the committee,
an address [and] two copies of the
constitution at as early a moment as
possible.

Mr. MANDERSON. It is highly
important that this address be pre-
pared at an early moment, so that
it can go to the printer with the
constitution.

The PRESIDENT pro tempore.
The question is on the adoption of
the resolution offered by the gentle-
man from Douglas (Mr. Manderson).

The resolution was adopted.

Mr. GRIGGS. Mr. President, I
move the adoption of the report of
the committee on printing as
amended.

The report was adopted.

Mr. STRICKLAND. Mr. President,
I move that we take a recess for one
hour, and then the committee on re-
vision will have the last article ready
for reporting; and I think we can
get through by ten o'clock this even-
ing.

The motion was agreed to.
So the convention (at 3 o'clock and
3 5 minutes) took a recess.

Aftei'iiooii Recess.

The committee (at 5 o'clock and
10 minutes) was called to order by
the president.

REVISION

417

Friday] WOOLWORTH-OAMPBELL— WAKELEY [August 18

Revision.

Mr. WOOLWORTH. Mr. Presi-
dent, your committee on revision
have examined certain miscellaneous
sections and recommend that sec-
tion 10 of the legislative article as
adopted by the convention; the sec-
tion on state, county and municipal
indebtedness; the section on the state
capital; and the section on the
militia be grafted m the engrossed
constitution as separate sections.

The recommendation was agreed

to.

Mr. WOOLWORTH. That the said
section 10 be amended by inserting
"the same" in place of "the state,"
in the third line, and by striking out
of the sixth and seventh lines the
words "exercise the right of suffrage
or." This provisioh is incorporated
in the article on the rights of suf-
frage.

The amendment was agreed to.

Mr. WOOLWORTH. That the sec-
tion on militia be amended by strik-
ing out "by law," in the second line,
and "by law" in the sixth line.

The amendment was agreed to.

Mr. WOOLWORTH, That the sec-
tion on the capital be amended by
striking out of the third line "there-
after," and out of the fourth and
fifth lines "as the capital and," and
insert "therefor."

The amendment was agreed to.

Mr. CAMPBELL. Mr. President,
I move to reconsider the vote by
which the first resolution in the re-
port of the committee on printing
twas adopted].

The motion was agreed to.

Mr. CAMPBELL. Mr. President, I
now move that the words "of state,"
after "secretary" be stricken out,
and the words "this constitution" in-
serted.

The motion was agreed to.

Mr. WAKELEY. Mr. President,
the committee on revision and ad-
justment report the following
amendments to the schedule:

Section 1, line five, strike out
"complete." Insert in ninth line,
"time of the"

Agreed to.

Mr. WAKELEY. Section 2. In
line three insert after the word Ne-
braska "or to the people thereof."

Agreed to.

Mr. WAKELEY. Section 6. Line
two, after the word continue, insert
"during their unexpired terms."

Agreed to.

Mr. WAKELEY. In lines four and
five strike out "for their unexpired
terms."

Agreed to.

Mr. WAKELEY. Strike out all
after tenth line, and insert "and hold
his office until the expiration of the
terms of those now in office."

Agreed to.

Mr. WAKELEY. Section 7. Strike
out "and" in sixteenth line, and add
to the section the words "and the
section relating to the extension of
the rights of suffrage."

Agreed to.

Mr. WAKELEY. Section 8. In
sixth and seventh lines strike out
the words "the number of," and in-
sert "as many."

Agreed to.

418

EEVISION

Friday]

Mr. WAKELEY. Eighth line,
strike out "that," and insert "as."
Agreed to.

Mr. WAKELEY. Section 11. Strike
out tenth line.
Agreed to.

Mr. WAKELEY. In lines twenty-
four and twenty-five strike out the
words "two in the article entitled
'Banks and Currency.'" and insert in
lieu thereof "seven of the article en-
titled 'Corporations.' "

Agreed to.

Mr. WAKELEY. In line forty
strike out "stand as," and insert
"be."

Agreed to.

Mr. WAKELEY. In same line
strike out the word number.
Agreed to.

Mr. WAKELEY. In line forty-one
strike out the word number.
Agreed to.

:\Ir. WAKELEY. In fiftieth line
strike out "number."
Agreed to.

Mr. WAKELEY. In fifty-first
line strike out "number." .
Agreed to.

Mr. WAKELEY. In forty-ninth
and fiftieth lines strike out "stand
as," and insert "be."

Agreed to.

Mr. WAKELEY. Section 12. In
line fifteen strike out "that," and in-
. sert "which."
Agreed to.

Mr. WAKELEY. Section 14. Strike
out all after "until," in fourth line,
and insert "their successors shall be
elected and qualified."

Agreed to.

[August 18

Mr. WAKELEY. Section 16. Strike
out, at the end of section, "and
capable of transacting business."

Agreed to.

Mr. WAKELEY. Section 18. Line
one, strike out "in case," and insert
"if."

Agreed to.

Mr. WAKELEY. Section 17. For
this section substitute the following:

All cases, matters, and proceed-
ings pending undetermined in the
several courts, and all records, judg-
ments, orders and decrees remaining
therein are hereby transferred to,
and shall be proceeded in and en-
forced in and by the successors
tliereof respectively.

The substitute was agreed to.

Mr. WAKELEY. Strike out "pro-
hibiting state, county and municipal
indebtedness," and insert "prohibit-
ing county and municipal aid to cor-
portations," wherever they occur,
some three or four places.

The committee propose to prohibit
it to municipal corporations.

The amendment was agreed to.

Mr. WOOLWORTH. In the Illi-
nois convention I &ee that the com-
mittee on revision t.;o:v charge of the
enrollment of the instrument, and
brought in the enrolled instrumfent,
and presented it in a report to the
convention as the ])roposed constitu-
tion of the state; and that then a vote
was taken by the convention upon
the report, the same being entered
up by ayes and nays. That, prob-
ably, is the most formal course of
procedure that can be pursued. It
has some considerations to recom-
mend it. That is, first, that before
the constitution is votcMl upon, the

WAKELEY— WOOLWORTH

EEVISION

419

Friday]

enrollment is completely made and is
examined by the proper persons. If
that be the course of proceeding
somewhat considerable delay will
necessarily take place.

I find in Wisconsin that a different
course of proceedings was had. The
committee on arrangement having
made the final report, Mr. Case moved
that the reading of the constitution
be dispensed with; also in Illinois,
after the report of the enrollment of
the proposed constitution was made
by the committee on revision, the
instrument was read at length in the
convention. In Wisconsin, as I was
going on to say, "Mr. Case moved
that the reading be dispensed with.
The question was then put upon the
passage of the constitution and was
decided in the affirmative; and the
ayes and nays being required by the
rules, those who voted in the af-
firmative"— and then follows the
list, The constitution was then
signed by the president and secre-
tary and members of the convention.

Now, I have an idea we might
give this business this direction: pass
the constitution as a whole in the
convention, then appoint a commit-
tee on revision, which, I would sug-
gest, should consist of the president,
secretary and the members of the
delegation from Lancaster county;
direct the president and secretary to
sign the instrument, and that the
president file the same in the office of
the secretary of state. If that be the
course, our labors are, then, as far
as the convention is concerned, sub-
stantially at an end. One course of
* procedure is more regular: the other
has the advantage of saving time.

[August 18

The opinion of the clerk who expects:
to enroll the schedule was that it
could scarcely be finished tonight.
Then, if the revision committee is to
bring the instrument as properly en-
grossed, I apprehend that they would
not be willing to take that respon-
sibility without reading it all over by
themselves. Of course, it is not nec-
essary they should read it over with
the committee all together, but two
to read over. I would not take the
responsibility to report to this body
any part of the instrument or any-
thing else, as properly engrossed.

The PRESIDENT. I think it is
possible to get it aone by eleven
o'clock.

Mr. HASCALL. We have quite a
number of members who are de-
layed here, and the clerk can afford
to go without his supper for once to
hurry up the instrument. I am a
poor writer, but I could write the
whole thing in three hours.

Mr. MAXWELL. I trust sufficient
force will be put on, and the whole
thing completed before we leave. I
also trust the committee on revision
will do all the revising that is neces-
sary.

Mr. GRIGGS. I hope we may suc-
ceed in finishing it tonight. I would
call the attention of the convention
to the fact that those who live in the
south part of the state, off the line of
railroad, cannot get home this week
unless they start tomorrow morning
at six o'clock.

Adjournment.

Mr, HASCALL. I move to adjourn
until 10 o'clock tonight.

WOOLWORTH— HASCALL— MAXWELL— GRIGGS

420 VOTING THANKS TO OFFICERS

Friday] WEAVER— M'O'ANN—KIEKPATEIOK [August 18

The motion was agreed to, and
tlie convention, at 5 o'clock and 45
minutes, adjourned.

Evening Session

The convention was called to or-
der at 10 o'clock and 10 minutes, by
the president.

Mr. WEAVER,
move we take a
o'clock.

Mr. President, 1
recess until 11

The motion was agreed to.

So the convention took a recess.

After Recess

The convention was called to order
at 11 o'clock and 30 minutes, by the
president.

The PRESIDENT. Will the gen-
tleman from Cass (Mr. Maxwell)
take the chair? I must go to attend
to the enrolling of the constitution.

Resolutions — Copies of the Consti-
tution.

Mr. McCANN. Mr. President, I

wish to offer a resolution.
•

The secretary read the resolution
as follows:

Resolved, That the secretary of
this convention is hereby directed to
prepare two copies of the constitu-
tion, one of which is to be placed in
the hands of the president, one to be
retained by the secretary, while the
original is to be deposited in the of-
fice of the secretary or state, as pro-
vided by the schedule.

The resolution was adopted.

Vote of ^Thanks to President Strick-
land

Mr. KIRKPATRICK. Mr. Presi-
dent, I offer a resolution.

The secretary read the resolution,'
as follows:

Resolved, That the thanks of this
convention are due and are hereby
tendered to President Strickland for
the able, faithful and courteous man-
ner in which he has discharged the
duties of the chair during the ses-
sion of this convention.

The ayes and nays being demanded
the secretary called the roll.

The president pro tempore an-
nounced the result, yeas 35, nays
none, as follows:

YEAS.

Manderson,
Maxwell,
Moore,
Myers,
Neligh,

Abbott,
Ballard,
Campbell,
Cassell,
Eaton,
Estabrook,
Cibbs,
Granger,
Grenell,
Hascall,
Gray,
Kenaston,
Kilburn,
Kirkpatrick
Lyon,
McCann,
Majors,
Mason,

Newsom,

Price,

Reynolds,

Robinson,

Scofield,

Sprague,

Stevenson,

Stewart,

Thummel,

Tisdel,

Vifquain,

Weaver. — 35.

ABSENT AND NOT VOTING.

Boyd,

Curtis,

Griggs,

Hinman,

I^ake,

Dey,

Parchen,

Parker,

Philpott,

Shaff,
Speice,
Thomas,
Towle,
W akeley,
Wilson,
WonlwDrth,
Mr. President. — 17

So the resolution was adopted.

MISCELLANEOUS THANKS

421

Friday]

ROBINS ON— ABB OTT—M' CiANN— MAS ON— S PRAGUE

[August 18

Thanks to Secretaries and Reporters
and Chaplain.

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

The secretary read the resolution,
as follows:

Resolved, That the thanks of this
convention are hereby tendered the
secretaries, officers and reporters of
this convention, and especially to the
Rev. L. B. Fifield, for the faithful
and efficient manner in which they
have discharged their duties.

The ayes and nays being demanded
the secretary called the roll.

The president announced the re-

sult, yeas 36,

Abbott,

Ballard,

Campbell,

Cassell,

Eaton,

Estabrook,

Gibbs,

Granger,

Grenell,

Gray,

Hascall,

Kenaston,

Kilburn,

Kirkpatrick,

Lyon,

McCann,

Majors,

Mason,

nays, none, as follows:
YEAS.

Manderson,

Maxwell,

Moore,

Mj'ers,

Neiigh,

Ne =v!faom,

Philpott,

Price,

Reynolds,

Robinson,

Scofield,

Sprague,

Stevenson,

Stewart,

Thummel,

Tisdel,

Vifquain,

Weaver. — 36.

ABSENT OR NOT VOTING.

Boyd, Shaff,

Curtis, Speice,

Griggs, Thomas,

Hinman, Towle,

Lake, Wakeley,

Ley, Wilson,

Parchen, Woolworth,

Parker, Mr. President. —

So the resolution was adopted.
Mr. ABBOTT. Mr. President,
have a resolution to offer.

The secretary read the resolution
as follows:

Resolved, That the thanks of this
convention be, and are hereby tend-
ered to the several members of the
committee on revision and adjust-
ment for the prompt and efficient
manner in which they discharged the
delicate and important duties en-
trusted to their care.

The resolution was adopted.

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

The secretary read the .resolution,
as follows:

Resolved, That the thanks of this
convention be, and they are hereby
tendered to the Union I-acific, Mid-
land Pacific, Burlington & Missouri
River, Omaha & Northwestern, Oma-
ha & Southwes'tern, and the Sioux
City & Pacific railroads.

The resolution was adopted.

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

The secretary read the resolution,
as follows:

Resolved, That the thanks of this
convention be, ana the same B^):e
hereby extended to the officers of
this state for the prompt and faith-
ful manner in which they have re-
sponded to the several resolutions
asking for information from the sev-
eral departments.

The resolution was adopted.

Mr. SPRAGUE. Mr. President, I
move that we take a recess for thirty
minutes.

The motion was agreed to.

So the convention (at 12 o'clock
midnight) took a recess.

After Recess

The convention (at 1 o'clock and
5 0 minutes) was called to order by
the president.

422

SIGNING THE CONSTITUTION

Saturday] WOOLWORTH— THOMAS— BOYD— MANDERSOX— CAMPBELL-
NELSON— STEWART— ABBOTT— KEN ASTON

Report of Committe.

Mr. WOOLWORTH. M^. Presi-
dent, your committee on ^rJeviaion
and adjustment report the constitu-
tion of the state of Nebraska, to-
gether with the schedule and
independent sections and articles, as
property enrolled.

Mr. THOMAS. Mr. President,
I move that the report of the com-
mittee be accepted.

The motion was agreed to.

Mr. THOMAS. Mr. President,
I move the adoption of the report
by the convention and on that call
the ayes and nays.

Mr. BOYD. Mr. President, J
have a resolution to offer.

The secretary read the resoUiticn
as follows:

Resolved, That tlie enrolled con-
stitution be signed in the following
order, to wit: first, by the president
of this convention, and, secondly, by
the members of the convention in
alphabetical order, and that they do
now proceed to authenticate it by
signing, after which the same shall
be attested by the secretaries of the
convention.

The resolution was adopted.

Mr. MANDERSON. Gentlemen, I
have in my hand a penholder and
pen, now of little value, but which, I
hope, will be used to sign this con-
stitution, and that will make it, 1
think, of great worth, nnd \ move
the adoption of this resolution.

Resolved, That the pen with which
the constitution shall be signed be
presented to the president of the con-
vention.

Mr. CAMPBELL. Is the pen a
good one?

Mr. MANDERSON. As good as I
r-an get.

[August 19

The motion was put by Mr. Man-
derson and agreed to.

Mr. NELSON. Mr. President, I
have a resoultion, and move it.

The secretary read the resolution as
follows:

Resolved, That the pages of this
convention are entitled to pay for
ten additional days for night serv-
ices; and the president is hereby au-
thorized to certify the same for pay-
ment.

The motion was agreed to.
Signing of the Conseitutioh.

The PRESIDI::VT. Persons hold-
ing power of attorney to sign for
absentees will sign the constitution in
their order and file the power of at-
torney with the secretary.

Mr. STEWART, when the name
of Mr. Curtis was called. I have the
power of attorney to sign for Mr.
Curtis.

1 hereby authorize A. S. Stewart
to sign my name to the constitution.

W. H. CURTIS.

Mr. ABBOTT, when Mr. Hinman's
name was called. I have power of
attorney to sign for him.

August 2, 1871.
I hereby authorize O. A. Abbot [to
sign my name] to the proposed
amendments to the constitution of
the state of Nebraska.

B. I. HINMAN.

Sergeant at Arms and l^oorkeeper.

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

The secretary read the resolution
as follows:

Resolved, That the sergeant at
arms and doorkeeper be allowed ten
days' extra pay for night services.

The resolution was adopted.

SIGNING THE CONSTITUTION

423

Saturday] MANDERSON— ROBINSON-BALLARD— BOTD— MAJORS^HASCALL [August 19

Signing the Constitution, Again.

Mr. MANDERSON, when Mr.
Shaft's name was called. Mr. Pres-
ident, I have a power of attorney
from Mr. Shaff, authorizing me to
sign his name. It reads as follows:

Lincoln, Aug. 18, 1871.
Gen'l. C. F. Manderson,
Lincoln, Neb.
Dear Sir: I herewith authorize
and request you to sign my name to
the new constitution.
Very respectfully,

JACOB SHAFF.

Mr. ROBINSON, when Mr. Towle's
name was called, I am empowered
to sign for Mr. Towle.

Lincoln, Neb., Aug. 18, 1871.
Gen. Seth Robinson,
Lincoln, Neb.

Dear Sir: In case the blank sheet
to which I have alreaay signed my
name is not attached to the new con-
stitution, I hereby authorize and re-
quest you to sign my name to the
said constitution for me. Very re-
spectfully, EDWIN S. TOWLE.

Resolutions Again — Janitor.

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

The secretary read the resolution
as follows:

Resolved, That the janitor to this
convention be allowed ten days' extra
pay for night services.

The resolution was adopted.

Absentees Signing the Constitution.

Mr. BOYD. I wish to offer a res-
olution.

Resolved, That the members who
have failed to sign the constitution
be granted leave to do so, in the

presence of the secretary of state, on
or before the 19th day of September,
1871.

Mr. MAJORS. Would it not be
well to have [the] resolution so mod-
ified that they can sign by proxy?

Mr. BOYD. It can be done by
power of attorney anyway.

The resolution was adopted.

After Signing the Constitution.

The PRESIDENT. Gentlemen, is
there any further business?

Mr. HASCALL. Mr. President,
I move that the reading of the
journal be dispensed with, and that
the same be approved.

The motion was agreed to.

The President's Address.

The PRESIDENT. Gentlemen of
the convention, before performing
the last act of my official position, I
may be permitted to express the hope
that the work we have done will bear
the inspection of a candid public. In
1787, in the federal convention, the
engrossed constituticn having been
read, jSenjamin Franklin rose, and
from his written speech these open-
ing v/ords were read:

"Mr. President, ^^I confess that
there are several parts of this consti-
tution which I do not at present ap-
prove, but I am nat sure I shall never
approve them."

In that convention, and in the
many state conventions, great exer-
tion has been made to insure the pub-
lic welfare. By their labors we have
tried tb profit. We are content to
trust and await the judgment of our
fellow citizens, to whose verdict we
will bow with that aeference which
becomes the servants of a free and
enlightened peopie. Our gates are
wide open to welcome all who shall
be pleased to come from the over-
crowded lands of the old world to the

424 FAEEWELL ADDEESSES— FIXAL ADJOUENMENT

Saturday] THE PKESIDEXT-

innumerable unoccupied and rich
acres of tne new, where every honest
man by earnest toil may make his
ample home. We welcome them to a
land where no despotic ruler bears an
iron rod, and where no cry of mad-
ness is ever heard for bread. For the
many thousands who have come with
every month from other states and
countries to our fertile oorders, and
for the many more who are pressing
after them, we have maae this consti-
tution, and have endeavored to make
provision, not only for those now
within our state, but the multitude
to follow them. So far as may be
done by fundamental law, the aim
has been to pay due regard to the
many, and sometimes conflicting in-
terests of society. M'e have sought
to give protection to every industry
and encouragement to every laborer.
We have endeavore-l to guard the
public treasury. We have striven to
protect the institutions of learning
and of philanthropy that are under
state control. These considerations
inspire me with the confidence that
the prosperity of the state through
coming successive years will abund-
antly vindicate the rignt of this in-
strument to the respect of all who
shall live under it.

Gentlemen, I thank you for your
patience and indulgence, so many
times extended to meTn my efforts to
perform official duties. And now, if
we have wrought with any credit to
ourselves, or with any advantage to
the state, i^t becomes us to make spe-
cial acknowledgment of our indebt-

XOTE.— The following letter to tlie editor
from .Tudge Robert E. Evans, of Dakota City,
and dated January 11, 191.3, should be read
as an appendix to foot note number 3.— Ed.

"Some time sinee Mr. Watkins requested me
to furnish him the date at whieh the rut-off
in the Missouri river whieh resulted in Crystal
Lake and the plaeing of what is known as
Walker's Island on the Nebraska side of the
river, oeeurreid. Barney Gribble, who came
to Dakota county in 18(>0 or 1861, is the
authority for the dates hereinafter contained.

"On the 4th day of April. 1867, twO' or more
farmers owning land on the Nebraska side of
the river went to what is now the north end
of Walker's Island and near where the Mis-

-THE CHAPLAIN [August 19

edness to the good providence that
has blessed us, to the supreme ruler
whose just and merciful government
is the one sufficient authority for all
human law.

Closing Prayer.

Prayer was offered by the chaplain
as follows:

Almighty, all wise, eternal God and
King, we thank thee for thy goodness
to us during these many weeks. What
is wrong that has been done wilt thou
forgive. What has been wisely done,
wilt thou defend. And now, oh
Father, we pray thee accept our
thanks, and return us to our homes
for thy mercy's sake.

Through Jesus Christ, our Lord.
Amen.

Ad j ournment .

The PRESIDENT. Gentlemen,
Iwlshing you safe return to your
homes; wishing you sucess in the
ordinary pursuits of life; wishing you
honor in any public station in
future service; wishing you well in
this world and the world to come.
I declare this convention adjourned,
without day.

So the convention, at 2 o'clock
and 50 minutes, a. m., Saturday,
August 19, 1871, adjourned sine die.

souri river now flows, for the purpose of
ctitting through the neck of land dividing the
river as it flowed south on the west side of
the neck and north on the east side of the
neck and found tliat the river had already
done the work and was flowing through this
cut-off so made, placing what is now known
as Walker's. Island, and which had formerly
been a part of the territory of Dakota, south
of the Missouri river; and a portion of the
old channel of the Missouri river became what
is now known as Crystal Lake. The meander
line run by Armstrong in 1870 fixes the south
line of the Missouri river by survey for tlio
first time after the cut-off. This I think is
tlie information desired."

ADDRESS

The address to voters, which was
issued by a committee of the conven-
tion, and a copy of the constitution
follow. It was necessary to reprint
the address from an imperfectly
printed copy because the original
was not preserved. Obvious mis-
takes in veribage and punctuation
have therefore been corrected. The
constitution is a verbatim copy of
the original, which is kept in the
office of the secretary of state. it
appears to have been carefully en-
grossed, though the punctuation is
not in accord with present usage. —
Ed.

The convention, which in accord-
ance with your expressed desire, met
at the capitol of the state, on the
13th day of June, to revise, alter or
amend the constitution of the state,
completed its work on the 19th day
of August, and the result of its la-
bors is herewith pl-aced before you.
The task of your servants completed,
it is now for you to say whether it is
well done, and accept or reject the
same as may be deemed best for the
advancement of the interests of the
state. The present constitution has
proven itself but poorly adapted to
the existing wants of the body pol-
itic, which has outgrown the gar-
ments of childhood and needs the
apparel of fast maturing manhood.

We believe these that we offer for
your inspection will prove to be well
fitted to its needs, and sufficiently
roomy to admit of that further
growth and expansion which we are
now watching with such pride and
anticipate in the future with so much
interest. We believe it to be no part
of our duty, in the address which
the convention has deputized us as
a committee to make, to present the
new constitution to you with zealous
advocacy; but rather that we should
call attention to its prominent feat-
ures; its points of difference from
our existing organic act; the means
provided for its submission for adop-
tion or rejection; the probable ef-
fect of its new provisions and the
mode of remedying any evils that
may arise under its workings. It is
a matter of sincere regret to the
committee that the time granted for
its consideration by the people is so
short; but a moment's reflection will
show that this is unavoidable. It is
provided that the question of adop-
tion or rejection of the instrument
shall be submitted on the 3d Tues-
day in September, or the 19th day of
the coming month. Under the pres-
ent law the general election would
occur on the 2nd Tuesday of Octo-
ber, or the 10th of that month. The
necessity of knowledge, by the ex-
ecutive officers of the state, of the

426 NEBRxlSKA CONSTITUTIONAL CONVENTIONS

fact of the adoption or rejection of
the work of our hands, before such
October election, is apparent. In a
state so large as ours election returns
come in slowly, and even by placing
the time for submission at so early
a day there will be barely time to
issue the proclamations and make
the other needful preparations for
the usual fall elections in case the
new constitution should be rejected.
If adopted, then by its terms the
election to fill all offices, created or
continued by it, will be [on] the
Tuesday succeeding the first Monday
in November, or the 7th da^ of that
month. The endeavor of the com-
mittee, aided by the other members
of the convention, will be, by active
and generous distribution of copies
of the constitution together with this
address, to speedily place it in the
hands of all the people, that they
may study its provisions and vote
understandingly. That it will suit
all men, or that all its parts will
suit any one man we do not believe.
So it was in convention; so it will
be at the polls. Every one will prob-
ably find in it something he would
exclude, or would insert something
it does not contain. It should be
taken, however, as an entirety and
judged as a whole, and if it be better
than our present organic act, it
should be adopted. Many considera-
tions seemed to make a revision of
the constitution not only advisable
but necessary. However wise and
judicious when adopted, that consti-
tution has become wholly inadequate
to subserve the necessities of the
state, without modifications and re-

strictions. The judicial system has
become unequal to the growing and
constantly increasing needs of par-
ties litigant. A separate supreme
court, constituted of judges, no one
of whom had decided causes therein
to be heard in the court below, was
demanded universally by the bar and
the people. The great increase of
population and its expansion over ex-
tensive regions hitherto unsettled
demanded a considerable increase in
the number of the members of the
legislature. The school lands and
funds and other state lands of vast
extent and value required some defi-
nite provision for their care, con-
trol and supervision. Experience had
proven that much ampler safeguards
were necessary to protect the prop-
erty and the treasury of the state.
In short, many mischiefs existed that
could only be remedied by the de-
stroying and creative hand of the
people; and their recognition of this
fact has resulted in the subjoined
constitution. The committee deem
it proper here to call the attention of
the electors to the result which
would attend the defeat of the pro-
posed organic act, and also the pro-
visions made in it for amendment or
revision, if it be adopted.

The present constitution contains
no provision for amendments. It can
be changed only by the calling of a
convention to "revise or change" it,
as has just been done. The method
of accomplishing this is prescribed.
First, the legislature must submit to
the voters of the state the question
whether or not a constitutional con-
vention shall be called. The vote

ADDEESS TO VOTERS

427

must be taken at the time of "the
next election for members of the leg-
islature." If a majority vote for [a]
convention, the legislature, at its
next session, must provide for call-
ing one. Under the existing consti-
tution the next regular session of the
legislature will be held in January,
1873. Should it submit to the voters
the question of a convention the vote
upon it would be taken at the next
election thereafter of members of the
legislature, w h i c h would occur in
October, 1874. The legislature con-
vening in January, 1875, would pro-
vide for calling the convention; and,
should it ever order a special election
for delegates, the convention would
not, of course, be held until 1875,
nor the constitution be voted upon
before October of that year. This
process could be shortened only by
the calling of one or more special
sessions of the legislature. This slow
and expensive process is remedied by
the terms of the constitution we sub-
mit to you. If it be adopted, any
amendment or amendments can be
made to it by the concurrent action
of the legislatures sitting in Janu-
ary, 1872, and in January, 1873, and
a jmajority vote of the electors in
November, 18 73. Or, under another
of its provisions, a convention could
be called to revise or change it, so
as to submit the revision or changes
to the people in November, 187 3.
These considerations seem to the
committee to have weight in deter-
mining the proper remedy for what-
ever there may be in the [pro] posed
constitution which it is thought the
majority of the people would not
' approve.

With these preliminary general re-
marks, the committee deem it proper
now, as briefly as is consistent with
a desire to present the constitution
fairly, to call attention, under ap-
propriate heads, to its

BiU of Rights.

Recognizing our dependence upon
almighty God and our gratitude for
many benefits received at his hands,
in addition to the usual guaranties
of natural and civil liberty, we de-
clare that no person shall be .^!GT>ied
any civil or political right, privilege,
or capacity on account of his relig-
ious opinions; nor shall any person
be compelled to attend or rapport
any place of worship; nor shall any
preference be given by the law to
any religious denomination^. All
persons have the right to publish the
truth, with good motives and justifi-
able ends, being responsible for the
abuse of the privilege. The right
of trial by jury shall remain invio-
late, and the usual securities to per-
sons and property are guaranteed.
We provide that grand juries may be
dispensed with; that offenders shall
be proceeded against by information
of a public prosecutor, or by indict-
ment; leaving to courts and judges'
the power to empanel grand juries in
their discretion. \Ve secure the
usual rights to persons charged with
crime. Private property shall not be
taken or damaged for public use
without just compensation, to be as-
certained by a jury, and paid in
money, or secured by a deposit
thereof; and in every case such dam-
age is to be paid without deduction
of any benefit to the property of the
owner. The fee of land taken for

428 XEBRASKA COXSTITUTIOXAL COX^TIXTIOXS

railroad tracks is to remain in the
owner, subject to the use for which it
is taken. •There shall be no impedi-
ment to the exercise of the elective
franchise by the qualified voter. The
writ of error, in cases of felony, shall
be a writ of right. Wholesome ex-
emptions and homestead laws are re-
quired at the hands of the legisla-
ture. Alien residents of the state are
guaranteed the same rights of per-
son and property as native born cit-
izens.

Legislative Department.

Recognizing the necessity which
has caused such universal expression
desiring such results, we have in-
creased the number of senators to
nineteen, and of representatives to
fifty-seven, with a provision that the
legislature may increase the num-
ber, not to exceed thirty-three sen-
ators and one hundred representa.-
tives. Of course this maximum is a
larger legislative body than the needs
of the state will require for many
years, but the lawmaking power will
certainly not abuse the discretion
given it. We provide, because of the
rapid and constantly increasing im-
migration, that a census shall be tak-
en every two years until 1878, inclu- j
sive, and every ten years after, inclu-
including 1885. This duty being at-
tended to by assessors, will involve
an expense but trifling compared with
the good resulting from it; and thus,
alternating with the federal census,
we will have an enumeration every
five years, after ISTO.^v The legisla-

.37. Evidently this should be 1880; for It
appear.e, in section 2, article iii. of the con-
stitution, that a census, cither federal or
slate, would b? taken every two years from
3870 to 1880. inclusive, and afterward every
five years.— Ed.

ture is thus enabled to apportion the
senators and representatives under
the rule pointed out in the constitu-
tion, which, upon examination and in
practice, will be found everything
that can be desired and work justly
to all parts of the state. We require
the age of twenty-five years and two
years residence in the state for
eligibility to the senate, and prohibit
persons holding lucrative office un-
der the state or United States from
taking seats in the legislature. We
provide a stringent oath against
bribery and corruption, believing a
constitutional check in this regard
called for and advisable. We guard
against hasty and vicious legislation
by requiring all bills to be read on
three different days and printed be-
fore they are passed. No member of
the legislature or state offcer shall
receive any civil appointment or be
interested in any contract with the
state. The sections concerning im-
peachment will commend them-
selves. The evils of special and local
legislation have become enormous,
and such lawmaking is fraught with
the greatest danger to the people. We
prohibit the legislature from passing
such laws, in all cases where a gen-
: eral act can be made applicable. We
prohibit extra pay after services per-
formed, or increase of compensation
of officers during their terms. The
state shall not loan its credit to cor-
porations or individuals, nor shall
any liability to the state be released.
The salt springs, being a source of
future wealth, shall not be alienated.
We carefully guard the public ex-
penditures and limit indebtedness to
meet casual deficits or failure in rev-
enue. We prohibit the authorization

ADDRESS TO VOTERS

429

Df games of chance and lotteries, pro-
;^ide that contracts for printing, bind-
ing, fuel, stationery, etc., for the
jtate shall be let to the lowest bid-
ier, and be done within the state;
md, that all may know the law, we
provide that no act shall take effect
mtil the 1st of July after its pas-
sage, unless in cases of emergency,
:o be recited in the act.

Executive Department.

We have created the new offices of
ieutenant governor, and commis-
sioner of public lands and buildings,
Lhe needs of the state and a proper
'egard to an economic administra-
:ion requiring it. These, with the
governor, secretary of state, auditor
)f public acctunts, attorney general,
:reasurer, and superintendent of
public instruction, are to hold their
offices for two years, after the first
election, when they are to be elected
:or one year. All, save the lieuten-
mt governor, are to reside at the
capital. We provide a safe mode of
canvassing the vote for state officers,
ivoiding the danger of collusion in
cases of contested elections. For
better security of the public funds,
:he state treasurer is declared in-
eligible to the office for two years
ifter serving two consecutive terms.
All state officers ar,fe inelgibJe to
ail any other office during their
'erms. We require the governor, at
each session of the legislature, and
at the close of his term of office, to
furnish a state\ment of all monies
[moneys] received and paid out by
tiim from any funds subject to his
Dtder, with his vouchers therefor.

We require all state officers to
keep an account of all monies
[moneys] received or disbursed by
them and make report semiannually
to the governor and legislature, thus
enabling the representatives of the
people to expose, and, by suitable
laws, to prevent improvident expend-
itures and frauds.

We give the governor power to re-
move all officers appointed by him, in
case of incompetency or malfeasance
in office. We require the governor
to submit a careful estimate of ex-
penses and revenue of each legisla-
ture. This will restrain extravagant
appropriation, and give the people a
proper understanding of the financial
condition of the state. The veto
power of the governor can be over-
come by a vote of two-thirds of each
house; and we provide against the
so-called "pocketing" of bills by the
executive. Nominations to fill of-
fices by the governor are to be con-
firmed by the senate. The pardoning
power has wholesome checks upon
its abuse. The commissioner of
public lands and buildings, secretary
of state, treasurer, and attorney gen-
eral constitute a board of supervision
and control of state property and in-
stitutions, save those for educational
purposes merely. We provide se-
curity from corruption and safety
from loss, by requiring proper oaths,
and bonds to double the amount of
money that may probably come into
the hands of officials.

Judicial Department.

I A separate supreme court is es-
tablished, consisting of three judges,

430 NEBRASKA CONSTITUTIONAL CONVENTIONS

to be elected from the state at large
for the term of six years, except that
those first elected will hold their of-
fices, one for two, one for four, and
one for six years, to be decided by
lot. It is provided that in the first
election no person shall vote for
more than two candidates for su-
preme judge. In this the convention
followed the precedent of some other
states, the object being to enable the
minority of voters in the state to
choose one judge, and thus prevent
the selection of the entire bench from
the same political party. Five ju-
dicial districts are made, in each of
which a district judge shall be
elected for the term of four years.
A majority of the convention de-
termined that this number was re-
quired for the convenience of the
people, in view of the large area of
the state over which population is
spreading and the number of coun-
ties in which courts must be held.
The number cannot be increased be-
fore 1875, and then only by a two-
thirds vote of the member^ of each
house of the legislature.

We establish a county court in
each organized county of the state,
to supersede the probate court, to
have civil jurisdiction in certain
cases not involving more than five
hundred dollars, and such limited
criminal jurisdiction as the legisla-
ture may give it. The right of ap-
peal to the district court is fully
guaranteed. No compensation is to
be paid by the state to any county
judge. This court was provided for
as a convenience in most counties,
and especially in those where terms

of the district court are holden only
once or twice in a year.

The legislature is required to pro-
vide for the bringing of suits against
the state, which cannot now be done,
and in what courts they shall be
brought. This contemplates a re^
form in two particulars: first, that
claims of doubtful merit shall be ad-
judicated in the courts, instead of
being "lobbied" through the legisla-
ture; second, that valid and merito-
rious claims may be enforced against
the state when the legislature rejects
them. It is believed that the other
provisions of this article will be
found complete and satisfactory.

Rights of Suffrage.

We provide that all male persons
"of, and over the age of twenty-one
years, who are citizens of the United
States, or persons of foreign birth
who have declared their intention to
become citizens, shall be electors.

Persons under guardianship, non
compos mentis, or convicted of trea-
son or felony shall not vote. The
usual privileges are accorded to elec-
tors, and uniform laws to ascertain
by proper proof what citizens are en-
titled to the suffrage shall be made.
A proposition, to be submitted sep-
arately, concerning the extension of
the suffrage will be treated in its
proper place.

Kdiicatioii.

It is required that all funds, lands
and property, conveyed to tlie state
for educational i)urp()ses, shall be

ADDRESS TO VOTERS

431

controlled by the legislature and
used and expended for no other pur-
pose. The following are declared
perpetual funds, of which only the
annual interest or income can be ex-
pended: first, the per centum granted
by congress for the sale of lands;
second, moneys arising from the sale
or leasing of sections number six-
teen and thirty-six, or lands held
in lieu thereof; third, proceeds of
all lands granted to the state; fourth,
property accruing to the state from
escheats, forfeitures and unclaimed
dividends or distributive shares in es-
tates of deceased persons; fifth, all
property now belonging to the com-
mon school fund; and, sixth, all gifts,
grants and devises not otherwise ap-
propriated by the terms thereof. We
provide that all fines, penalties and
licenses under state laws shall be
paid over to counties where they are
imposed, and for violation of munic-
ipal ordinances to the municipalities
where levied; in each instance to be
used for school purposes. Schools
shall be uniform and free. The in-
come of the school fund shall be
equally ^distributed among districts
in proportion to the children resi-
dent therein, no district that does not
hold school for at least three months
in a year to receive any share there-
of. School lands shall not be sold
for less than seven dollars per acre.
School funds, whereof the interest or
income only is used, are declared
trust funds, and are to be preserved
inviolate and undiminished. We pro-
vide for a board of regents, for the
university, of one from each judicial
district of the state, to be elected
hy the people. They serve without

compensation, save reimbursement
for actual expenses. The secretary
of state, treasurer, attorney general,
and commissioner of public lands and
buildings, are a board of commis-
sioners for the sale, leasing and
management of all school lands and
funds. No sectarian instruction shall
be allowed.

Revenue and Finance.

This article provides for uniform-
ity and equality of taxation, with
specified exemptions which the legis-
lature may make — among them prop-
erty used for charitable purposes, and
the building and grounds of any re-
ligious society, used for religious
purposes, to the value of five thou-
sand dollars.

The committee will add that this
restriction upon the exemption of
church property from taxation was
strenuously opposed by a minority of
the convention. The propriety of it
and the remedy, if it be an unwise
provision, are questions for the vot-
ers and not for the committee to de-
cide.

It is provided that real estate can
be sold for delinquent taxes only upon
order or judgment of a court of rec-
ord; contemplating that the tax pro-
ceedings shall be inquired into, uni-
formity of sales secured and abuses
prevented. Personal notice must be
given to occupants before sale. The
state shall not release any counfy or
municipality from its share of state
tax nor commute such tax. County
authorities shall not levy taxes ex-

432 NEBRASKA CONSTITUTIONAL CONVENTIONS

ceeding two per cent per annum with-
out a vote of the people, except to
pay existing indebtedness. The
method of assessment for local im-
provements in towns and cities is
prescribed. Private property shall
not be taken or sold for the debt of
municipal corporations. No defaulter
shall be eligible to any ofhce. The
legislature at its first session shall
provide for funding the state indebt-
edness and may provide for allowing
counties and municipalities to do the
same. All claims upon the treasury
shall be adjusted by the auditor and
approved by the secretary of state
before a warrant can issue.

Counties.

It is provided that new counties
shall not contain a less area than four
hundred square miles. Counties shall
not be divided unless by the express-
ed wish of a majority of the voters re-
siding therein. They may be if their
area is over nine hundred square
miles. Where a part of a county is
stricken off, it is held for its propor-
tion of indebtedness. No county seat
shall be removed unless two-thirds
of the voters agree, but a majority
can remove the capital ten miles in a
direct line nearer the center. When
a majority of voters so determine, a
county may be divided into township
organizations, and may, by vote, dis-
pense with the same.

Corporations.

This article is very important. No
corporation can be created by special
law. (Jeneral laws must be passed,
under which corporations may be or-
ganized, and such laws are subject to

amendment or repeal. All stockhold-
ers are tO' be liable for corporate
debts, after the corporate property
is exhausted, to the amount of their
stock. Cumulative voting for di-
rectors is allowed, by which a ma-
jority of the stockholders can elect
a due proportion thereof. Existing
charters, under which no organiza-
tion has taken place, shall become
null and void, unless organized with-
in ten days after this constitution
is adopted. No state bank, or bank
in which the state is interested, shall
be created. No banking law shall be
passed without the same being sub-
mitted to, and approved by a vote of
the people. Every stockholder in a
banking institution shall be abso-
lutely liable for its debts, to an
amount equal to his stock. Suspen-
sion of specie payments shall never
be permitted. Circulation shall be
secured by United States or Nebraska
state bonds. Other wholesome pro-
visions are made as far as relates to
banks of issue or circulation. These
provisions may not have practical
application, unless the Nebraska
banking law should cease or be
amended. But should such banks be
established in this state, it is be-
lieved that the constitutional safe-
guards to the people will be found
valuable and suflic.ient. Some new
and quite important provisions in re-
spect to railroad corporations will be
found in this article. Section 10 re-
quires all such corporations doing
business in this state, by its author-
ity, to keep an officer [office] there-
in for the transfer of 3tock, and for
the transaction of ciher business of

ADDEESS TO VOTERS

433

interest to the public. It requires
the directors to make an annual re-
port, under oath, of the passenger
and freight earnings of the road, and
of all such other matters as may be
required by law. The rolling stock
and movable property of the railroad
company shall be liable to sale on
execution, like the personal property
of individuals, and shall never be ex-
empted from execution and sale.
There shall be no consolidation of
railroads running parallel, or com-
peting lines, nor, in any case, with-
out sixty days notice to the public.
The legislature may^s at any time fix
by law the maximum rates of charges
for transporting passengers and
freight and shall pass laws to cor-
rect abuses and to prevent unjust
discrimination and extortion in such
rates. The liability of railroad com-
panies as common carriers shall never
be limited but remain as at common
law. No stock or bonds shall be is-
sued but for money, labor or prop-
erty actually received, and there
ehall be no fictitious dividends or in-
crease of stock. All corporate fran-
chises shall be subject to the right of
of eminent domain, like individual
property. There shall be no county
or municipal aid given to a railroad
company which has received a land
grant from the United States or built
its road, in whole or in part, from
the proceeds of such grant. The
right of trial by jury shall be in-
violable in all cases of compensation
for damages when a railroad com-

38. This should have been "shall." See
* section 13, article x, of the constitution, and
foot note number 1, herein. — Ed.

pany shall be interested for or
against the claim.

County and Municipal Aid to Cor-
porations.

We prohibit any municipality from
becoming subscribers to the capital
stock of any corporation, or make
[miaking] donations thereto, or aid
[aiding] any work of internal im-
provement, owned by any private cor-
poration or individuals, unless three-
fifths of the electors voting on such
proposition so agree; and no such
indebtedness shall at any time ex-
ceed ten per cent of the taxable val-
uation. The line of railroads to be
aided must be definitely located, such
aid must not exceed five thousand
dollars per mile, and must not be
paid until the road is completed
ready for rolling stock. A separate
proposition to be voted on will be
hereafter referred to.

Miscellaneous Provisions.

We fix the capital of the state at
Lincoln until 1880, after which it
may be remioved by a majority of
the electors. We prohibit the hold-
ing of office by any person convicted
of embezzlement of the public funds
or of felony.

Ainendm en ts .

We have already spoken upon this
subject. The ease and facility af-
forded to the people to rid them-
selves of any objectionable features
in the constitution will be observed
to be commended. An amendment
concurred in by a majority of two
successive legislatures shall be pub-
I lished by the secretary of state; and
I at the next election for members of

434 NEBRASKA CONSTITUTIONAL CONVENTIONS

the legislature, if a majority of!
those voting on such amendments
agree, the organic act is changed ac-
cordingly.

The calling of conventions to re-
vise or change is also provided for.

Salaries.

The convention, believing that
good work should be fairly paid for,
have provided such compensation
for public officials as is just and that
the state can well afford to pay. We
have endeavored to be equitable, both
to the state and its servants. All of
the salaries of the state officers, su-
preme, and district judges, can be
paid by a tax of but little over
three-fifths of one-tenth of one per
cent of the assessed valuation of the 1
property of the state, or three and j
eight-tenths cents on each one hun- j
dred dollars of valuation, the tax roll
of the state being now over $55,000,-
000. We provide that the fees and
salaries of all ofiicers shall not te in-
creased or diminished during their
terms.

The schedule properly guards the
interests of the state in making the
change from the old constitution to
the new.

Separate Propositions.

We desire to make a few sugges-
tions relative to the effect of the
adoption or rejection of these [the]
several propositions separately sub-
mitted. They go to the people for
their action upon them because, in
each instance, a minority of the con- I
vention, respectable in numbers and

ability, honestly advocated that they
should be made parts of the funda-
mental law. The convention, with-
out indorsement in any degree, pass
them to the source of power for con-
sideration and such action upon
them as may be deemed best for the
body politic. If that relating to the
inhibition or license of the sale of
intoxicating liquors be adopted, it
will require the legislature to pro-
vide according to the terms of the
proposition. If rejected, of course
the legislature will not be required
to act in the premises. There wil] be
no constitutional provision on the
subject. Whether or not the legisla-
ture will have the power, without
constitutional warrant therefor, to
pass such laws as the proposition
contemplates, it is not our province
to decide or advance an opinion upon.

These remarks are also applicable
in a degree to the proposition re-
specting compulsory education and
reformatory schools. It will be no-
ticed fhat, should this proposition
be adopted by the people, the matter
is still left discretionary with the
lawmaking power. The language is
"the legislature may;" not "the
legislature shall."

The proposed section relating to
the liability of stockholders in
banking associations, it will be seen,
differs from the section in the body of
the constitution in this: The major-
ity of the convention fixed such lia-
bility at an amount equal to the
shareholders' stock; the proposed
separate section makes the stock-
holders liable for twice that amount.

ADDEESS TO VOTEKS

435

The proposed section permitting
the elective franchise to be extended
was submitted to the people at the
instance of the delegates favorable
to female suffrage, a majority of the
convention refusing to insert it in the
body of the constitution. Should it
be adopted, a majority of the legis-
lature could at any time submit to
the electors of the state a proposition
to extend the elective franchise to
any class of persons not made voters
by the constitution, and a majority
of those voting on that question
would decide it. The proposed sec-
tion is taken from the constitution
of Wisconsin, where it has existed
since 184 8. Should the proposition
be rejected, the elective franchise
can be extended only by the same
method as other amendments to the
constitution can be made.

The proposed article prohibiting
county or municipal aid to railroads
or corporations deserves special at-
tention. In the body t)f the consti-
tution is found a provision setting
forth stringent conditions and limi-
tations, hereinbefore referred to, un-
der which such aid may be given.
This regulating and restraining sec-
tion will stand, unless the independ-
ent prohibitory section receives a ma-
jority vote.

We also invite the special atten-
tion of the electors to the method of
voting for or against the constitu-
tion, or any proposition separately
submitted. It is the precise plan
adopted in submitting the constitu-
tion and several separate proposi-
tions to the voters of Illinois at the
recent framing and adopting of her
constitution, and seemed to the con-
,vention the most convenient and

suitable one. Only one form of
ticket is furnished. Upon this all
the propositions ar.? in the aMlrma-
tive, thus: "For the Constitution,"
"For the Article Prohibiting County
and Municipal Aid to Corporations,"
"For the Section Relating to the Ex-
tension of the Elective franchise,"
etc. It is provided that the ballot
shall be counted as a vote for every
proposition not cancelled with ink or
pencil. This is so stated at the top of
the ballot. Therefore a voter, wish-
ing to vote for the constitution and
for all the separate propositions, will
deposit his ballot without change. If
he wishes to vote for the constitu-
tion and vote against any or all the
separate propositions, he will deposit
a ballot on which is cancelled, with
ink or pencil, the propos tion or
propositions against which he de-
sires to vote, leaving the others not
cancelled. If he wishes to vote
against the constitution, he will can-
cel the words, "For the Constitu-
t on," and, in like manner, as above,
he will cancel each separate proposi-
tion against which he desires to vote.
In other words, he votes for each
proposition which is not cancelled,
and votes against each proposition
which is cancelled. Unless the con-
stitution is adopted by a majority
vote, no separate proposition is
adopted, whether it has, or has not
a majority vote.

It should be observed that our
state legislatures are only restrained
by the constitution of the state and
of the United States. It is therefore
necessary that state constitutions
should contain many regulations and
restrictions, while the constitution
of the United States may be much

436 NEBRASKA CONSTITUTIONAL CONVENTIONS

shorter — for tliat is a government of
delegated power, with only the in-
cidental powers necessary and proper
to execute the powers granted.

The new constitution, as it is here
offered to you, is the result of much
labor, reflection and discussion. In-
terest and inclination will prompt you
to give its provisions that earnest,
careful and candid consideration they
deserve, and the committee are sat-
isfied that if the whole instrument
together is compared by you with the

one that now retards our growth,
your decision will be one that will

'promote the well-being and future
prosperity of our beloved state.

CHARLES F. MANDERSON,

Chairman.
JOHN C. CAMPBELL,
DAVID T. MOORE,
ELEAZER WAKELEY,
ENOS F. GRAY,
ALEXANDER S. STEWART,
CHARLES A. SPEICE,

Committee on Address.

THE CONSTITUTION OF THE STATE
OE NEBRASKA

PREAMBLE.

We, the people of the State of Ne-
braska, grateful to Almighty God for
the ^ivil, political and religious lib-
erty hich He hath so long per-
mitted us to enjoy, and looking to
Him for a blessing upon our endeav-
ors to secure and transmit the same
unimpaired to succeeding genera-
tions, in order to form a more perfect
government, establish justice, insure
domestic tranquillity, provide for the
common defense, promote the general
welfare, and secure the blessings of
liberty to ourselves and our poster-
ity, do ordain and establish th's con-
stitution for the state of Nebraska.

ARTICLE I.

Bill of Rights.

Section 1. All men are by nature
free and independent, and have cer-
tain inherent and inalienable rights;
among these are life, liberty and the
pursuit of happiness. To secure
these rights, and the protection of
property, governments are instituted
among men, deriving their just pow-
ers from the consent of the governed.

Section 2. No person shall be de-
prived of life, liberty or property,
» without due process of law.

Section 3. The free exercise and
enjoyment of religious profession
and worship, without discr mination,
shall forever be guaranteed; and no
person shall be denied any civil or
political right, privilege or capacity,
on account of his religious opinions;
but the liberty of conscience hereby
secured shall not be construed to
dispense with oaths or affirmations,
excuse acts of lic-entiousness, or jus-
tify practices inconsistent with the
peace and safety of the state. No
person shall- be required to attend or
support any ministry or place of wor-
ship; nor shall any preference be
given by law to any religious denom-
ination or mode of worship.

Section 4. Every person may
freely speak, write and publish on
all subjects, being responsible for the
abuse of that liberty; and in all trials
for libel, both civil and criminal, the
truth, when published with good mo-
tives and for justifiable ends, shall
be a sufficient defense.

Section 5. The right of trial by
jury, as heretofore enjoyed, shall re-
main inviolate; bat the trial of civil
cases and misdemeanors before jus-
tices of the peace and inferior mag-
istrates, by a jury of less than twelve
men, may be authorized by law.

438 NEBEASKA CONSTITUTIONAL CONVENTIONS

Section 6. The right of the peo-
ple to be secure in their persons,
houses, papers and effects, against
unreasonable searches and seizures
shall not be violated; and no war-
rant shall issue without probable
cause, supported by affidavir, partic-
ularly describing the place to be
searched, and the person or things to
be seized.

Section 7. All persons shall be
bailable by sufficient sureties, except
for treason and murder, where the
proof is evident or the presumption
great: and the privileges of the writ
of habeas corpus shall not be sus-
pended, unless when, in case of re-
bellion or invasion, the public safety
may require it.

Section 8. No person shall be held
to answer for a criminal offense, ex-
cept in cases in which the punish-
ment is by fine, or imprisonment
otherwise than in the penitentiary, in
cases of impeachment, and in cases
arising in the army or navy, or in
the militia when in actual service in
time of war or public danger, unless
on a presentment or indictment of a
grand jury, or information of a pub-
lic prosecutor: and provision shall be
made by law for tne impaneling of
grand juries wherever [whenever]
the respective courts or the judges
thereof shall order.

Section 9. In all criminal prose-
cutions the accused shall have the
right to appear and defend in person
and by counsel; to demand the nature
and cause of accusation and to have
a copy thereof; to meet the wit-
nesses face to face and to have pro-
cess to compel the attendance of wit-
nesses in his behalf; and a speedy

public trial by an impartial jury of
the county or district in which the
offence is alleged to have been com-
mitted.

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

Section 11. All penalties shall be
proportioned to the nature of the of-
fense; and no conviction shall work
corruption of blood or forfeiture of
estate; nor shall any person be trans-
ported out of the state for any of-
fense comm tted within the same; nor
shall cruel and unusual punishments
be inflicted.

Section 12. No person shall be im-
prisoned for debt arising out of, or
founded on a contract express or im-
plied, except in cases where there is
strong presumption of fraud.

Section 13. Private property shall
ever be held inviolate, but subser-
vient to the public welfare. When
taken, or damaged, in time of war or
other public exigency, imperatively
requiring its immediate siezure, or
for the purpose of making or repair-
ing roads, which shall be open to the
public without charge, a compensa-
tion shall be made to the owners in
money; and in all other cases, a
compensation shall be first made
in money, or first secured by a de-
posit of money. Such compensa-
tion shall in every case be with-
out deduction for benefits to any
property of the owner, and, when not
made by the state, shall be assessed
by a jury in such manner as shall
be prescribed by law. The fee of land
taken by railroad tracks, without the
(-onsent of the owners thereof, shall

CONSTITUTION OF 1871

439

remain in si^ch owners, subject to
the use for which it was taken.

Section 14. No ex post facto law,
or law^ impairing the obligation of
contracts, or making any irrevocable
grant of special privileges or immu-
nities shall be passed.

Section 15. The military shall be
in strict subordination to the civ'l
power.

Section 16. No soldier shall, in
time of peace, be quartered in any
house without the consent of the own-
er; nor, in time of war, except in the
manner prescribed by law.

Section 17. The people have the
right to assemble in a peaceable man-
ner to consult for the common good,
to make known their opinions to
their representatives, and to apply
for a redress of grievances.

Section 18. All elections shall be
free; and there shall be no hindrance
or impediment to the right of a qual-
ified voter to exercise the elective
franchise.

Section 19. Treason against the
state shall consist only in levying
war against the state, or in adhering
to its enemies, giving them aid and
comfort. No person shall be con-
victed of treason unless on the testi-
mony of two witnesses to the same
overt act, or on confession in open
court.

Section 20. The writ of error shall
be a writ of right in all cases of fel-
ony; and, in all capital cases, shall
operate as a supersedeas to stay the
execution of the sentence of death,
^until the further order of the su-
preme court- in the premises.

Section 21. The privilege of the
debtor to enjoy the necessary com-
forts of life shall be recognized by
wholesome laws, exempting a rea-
sonable amount of property from
seizure or sale for the payment of
any debt or liability.

Section 2 2. Aliens who are, or
may hereafter become, bona fide res-
idents of this state shall enjoy the
same rights, in respect to the posses-
sion, enjoyment, and inheritance of
property, as native born citizens.

Section 23. All courts shall be
open; and every person, for any in-
jury done him in his land, goods,
person or reputation, shall have a
remedy by due course of law and jus-
tice, administered without denial or
delay.

Section 2 4. A frequent recurrence
to the fundamental principles of civil
government is absolutely necessary
to preserve the blessings of liberty.

Section 2 5. This enumeration of
rights shall not be construed to im-
pair, or deny others retained by
the people; and all powers not herein
delegated remain with the people.

ARTICLE II.

Distribution of Powers.

Section 1. The powers of the gov-
ernment of this state are divided in-
to three distinct departments, the
legislative, executive, and judicial,
and no person or collection of per-
sons, being one of these departments,
shall exercise any power properly be-
longing to either of the others, ex-
cept as hereinafter expressly directed
or permitted.

440 NEBEASKA CONSTITUTIONAL CONVENTIONS

ARTICLE III.

The liegislative Department.

Section 1. The legislative author-
ity is vested in a senate and house
of representatives.

Section 2. The legislature shall
provide by law for an enumeration
of the inhabitants of the state, in
the year 18 72, and every two years
thereafter, until the year 1878 in-
clusive. After the year 18 80, it shall
provide for an enumeration in the
year 1885 and every ten years
thereafter, [ ; ] and at its first reg-
ular session after each enumeration,
and also after each enumeration
made by the authority of the United
States, but at no other time, the leg-
islature shall apportion the senators
and representatives, according to the
number of inhabitants, excluding In-
dians not taxed, and soldiers and of-
ficers of the United States army and
navy.

Section 3. In making the appor-
tionment for senators, each county
having three-fifths of the senatorial
ratio shall be entitled to one senator
and be a senatorial district. Each
county entitled to one or more sen-
ators and having a surplus of three-
fifths of such rati6 shall be entitled to
an additional senator therefor. Con-
tiguous counties, no one of which has
three-fifths of the senatorial ratio,
shall be formed into districts contain-
ing, respectively, as near as practic-
able the full ratio, and not less than
three-fifths thereof.

Sect on 4. Representatives shall
be chosen by districts of convenient,
contiguous territory, as compact as

may be, to be defined by law. Each
county having three-fifths of the
ratio shall be entitled to one rep-
resentative. Each county having a
surplus of three-fifths of the ratio
shall be entitled to one additional
representative. A county having less
than three-fifths of the ratio shall
be joined with one or more like coun-
ties to form a representative dis-
trict, containing as nearly as prac-
ticable the full ratio, and not less
than three-fifths thereof, and no
county therein shall be included in
any other representative district. But
no county shall be divided for the
purpose of attaching a part thereof
to another county in forming a rep-
resentative district.

Section 5. The first house of rep-
resentatives shall consist of fifty-
seven members, and the first senate'
shall consist of nineteen members.
After the first election, the number
of members of each house shall be
regulated by law, but the number of
representatives shall never exceed
one hundred, nor that of senators,
thirty-three. Until the year 1873,
representatives shall be chosen for
one year, and thereafter for two
years. Senators shall be elected in
the year 1871 for one year, and
thereafter for two years.

Section 6. Members of the leg-
islature shall receive for their serv-
ices four dollars per day, and mile-
age at the rate of ten cents per mile,
for each mile necessarily traveled 'n
going to, and returning from the
capital. The speaker of the house
shall receive twice the per diem of
members.

CONSTITUTION OF 1871

441

iSection 7. No person shall be a
senator who ishall 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 inhab-
itant of the district for which he
shall be chosen, unless he shall have
been absent on the public business
of the United States or of this state;
and no persoh elected as aforesaid
shall hold his otRce after he shall
have removed from such district.

Section 8. No person, being a
member of congress, or holding any
office under the United States, or
any lucrative office under the author-
ity of this state, shall be eligible to,
or have a seat in the legislature; but
this provision shall not extend to
postmasters, whose annual compen-
sation shall not exceed three hun-
dred dollars, nor to township or pre-
cinct officers, justices 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 elected to congress or
appointed to any office, civil or mil-
itary, under the government of the
United States his acceptance thereof
shall vacate his seat.

Section 9. The session of the leg-
islature shall commence at twelve
o'clock, noon, on the first Tuesday
in January 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 elected 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 of-
ficers; and the senate shall choose a
temporary president, to preside when
the lieutenant governor shall not at-
tend as president, or shall act as gov-
ernor. The secretary of state shall
call the house of representatives to
order, at the opening of each new
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, ex-
cept by a vote of two-thirds of all the
anembers elected to that house, and
no member shall be twice expelled
for the same offense. Each house
may punish by imprisonment any
person not a member thereof, who
shall be guilty of disrespect to the
house, by disorderly or contemptuous
behavior in its presence, but no such
imprisonment shall extend beyond
twenty-four hours at one time, un-
less the person shall persist in such
disorderly or contemptuous behavior.

Section 10. The mode of organiz-
ing the house of representatives at
the commencement of each regular
session shall be prescribed by law.

Section 11. Members of the leg-
islature, before they enter upon their
official duties, shall take and sub-
scribe the' following oath or affirma-
tion:

"I do somely swear (or afiirm)
that I will support the constitution of
the United States and the constitu-
tion 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 inten-
tionally paid or contributed anything,

442 NEBEASKA CONSTITUTIONAL CONVENTIONS

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 accepted, nor
will I accept or receive, directly or
indirectly, any money or other val-
uable thing, from any corporation,
company, or person, for any vote or
influence I may give or withhold, on
any bill, resolution, or appropriation,
or for any other official act." This
oath shall be administered by a judge
of the supreme, district, or county
court, in the hall of the house to
which the member is elected, and the
secretary of state shall record and
file the oath subscr bed by each
member. Any member who shall re-
fuse to take the oatu herein pre-
scribed shall forfeit his office, and
any member who shall be convicted
of having sworn falsely to, or of vio-
lating his said oath shall forfeit his
office, and thereafter be disqualified
from holding any office of profit or
trust in this state.

/Section 12. Each house shall keep
a journal of its proceedings and pub-
lish them (except such parts as may
require secrecy), and the yeas and
nays of the members on any question
shall, at the desire of any two of
them, be entered on the journal. All
votes in either house shall be viva
voce. The doors of each house and
of committees of the whole shall be
open, unless when the business shall
be such as ought to be kept secret.
Neither house shall, without the con-
sent of the other, adjourn for more
than three days.

Section 13. 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.

Section 14. The enacting clause
of a law, shall be: "Be it enacted by
the legislature of the State of Ne-
braska;" and no law shall be en-
acted except by bill. No bill shall be
passed unless by the assent of a ma-
jority of all the members elected to
each house of the legislature; and
the question upon the final passage
shall be taken immediately upon its
last reading, and the yeas and nays
shall be entered upon the journal.

Section 15. Every bill and concur-
rent resolution shall be read at large
on three different days, in each
hpuse; and the bill, and all amend-
ments thereto, shall be printed before
the vote is taken upon its final pas-
sage. The presiding officer of each
house shall sign in the presence of
the house over which he presides,
while the same is in session, and
capable of transacting business, all
bills and concurrent resolutions
passed by the legislature.

Section 16. Members of the leg-
islature, in all cases except treason,
felony, or breach of the peace, shall
be privileged from arrest, dur ng the
session of the legislature and for
fifteen days next before the com-
mencement and after the termination
thereof.

Section 17. No person elected to
the legislature shall receive any civil
appointment within this state, from

CONSTITUTION OF 1871

443

the governpr, the governor and sen-
ate, or from the legislature, during
the term for which he has been elect-
ed; and all such appointments, and
all votes given for any such member
for any such office or appointment
shall be void; nor shall any member
of the legislature or any state officer
be interested either directly or in-
directly in any contract with the
state, or any county thereof, author-
ized by any law passed during the
term for which he shall have been
elected; or within one year after the
expiration thereof.

Section 18. The house of repre-
sentatives shall have the sole power
of impeachment; but a majority of
all the members elected must concur
therein. All impeachments shall be
tried by the senate, and, when sitting
for that purpose, the senators shall
be 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 without
the concurrence of two th'rds of the
senators elected; out judgment in
cases of impeachment shall not ex-
tend further than to removal from of-
fice, and disqualification to hold and
enjoy any office of honor, profit, or
trust under this state; but the party
impeached, whether convicted or
acquitted, shall nevertheless be liable
to prosecution and punishment ac-
cording to law. No officer shall ex-
ercise his office after he shall have
been impeached and notified thereof,
until he shall have been acquitted.

Section 19. The legislature shall
''not pass local or special laws in any
of the following cases; that is to say:

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 pub-
lic grounds; locating or changing
county seats; regulating county and
township affairs; regulating the prac-
tice in courts of justice; regulating
the jurisdiction and duties of justices
of the peace, police magistrates and
constables; providing for changes of
venue in e vil and criminal cases; in-
corpofating cities, towns, and vil-
lages, or changing or amending the
charter of any town, city or village;
providing for the election of officers
in townships, 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 protec-
tion of game or fish; chartering or
licensing ferries or toll bridges; re-
mitting fines, penalties or forfeitures;
creating, increasing or decreasing
fees, percenlr.age, or allowances of
puTlic officers, during the term, for
which said officers are elected or ap-
pointed; changing the law of descent;
granting to any corporation, associa-
tion or individual the right to lay
down railroad tracks, or amending
existing charters for such purposes;
granting to any corporation, associa-
tion or individual any special or ex-
clusive privileges, immunity or fran-
chise whatever. In all other cases
where a general law can be made ap-

444 NEBRASKA CONSTITUTIONAL CONVENTIONS

plicable, no special law shall be en-
acted.

Section 2 0. The legislature shall
never grant any extra compensation
to any public, omco':-^ agent, servant
or contractor after the services shall
have been rendered, or the contract
entered into; nor shall the compensa-
tion of any public officer be increased
or diminished during his term of of-
fice.

Section 21. 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.

Section 2 2. The legislature shall
have no power to release or relin-
quish, in whole or in part, the indebt-
edness, liability or obligation of any
corporation or individual to the state,
or to any municipal corporation
therein.

Section 2 3. 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 lands, for the
purpose of developing contiguous
springs, but for no other purpose.

Section 24. The legislature shall
make no appropriation 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 i
Bubject.

Section 25. No money shall be
drawn from the treasury, except in
pursuance of a specific appropriation
made by law; and on the presenta-
tion of a warrant issued by the audi-
tor thereon; and' no money shall be
diverted from any appropriation
made for any purpose, or taken from
any fund whatever, either by joint or
separate resolution. The auditor
shall, within sixty days after the ad-
journment of each session of the leg-
islature, prepare and publish a full
statement of all monies [moneys] ex-
pended at such session, specifying the
amount of each item, and to whom
I and for what paid.

Section 2 6. Each legislature shall
provide for all appropriations neces-
sary for the ordinary and contingent
expenses of the government, until
the expiration of the first fiscal quar-
ter after the adjournment of the
next regular session, the aggregate
amount of which shall not be in-
creased without a vote of two-thirds
of the members elected to each
house, nor exceed the amount of
revenue authorized by law to be
raised in such time; and all appro-
priations requiring money to be paid
out of the state treasury, from the
funds belonging to the state, shall
end with such fiscal quarter: Pro-
vided, the state may, to meet casual
deficits or failures in revenues, con-
tract debts never to exceed in the
aggregate two hundred and fifty
thousand dollars; and monies [mon-
eys] 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, except for the

CONSTITUTION OF 1871

445

purpose of repelling invasion, sup-
pressing insurrection, or defending
the state in war, for the payment of
which the faith of the state shall be
pledged, shall be contracted, unless
the law authorizing the same shall,
at a general elect on, have been sub-
mitted to the people and have re-
ceived a majority of the votes cast
for members of the legislature at such
election. The legislature shall pro-
vide 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 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
revenue, 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
submitted to the people with the law
authorizing the debt to be con-
tracted.

Section 27. The legislature may
declare the cases in which any ofRce
shall be deemed vacant, and also the
manner of filling the vacancy, where
no provision is made for that pur-
pose in this constitution.

Section 28. The legislature shall
provide by law for the suppression of
vice and immorality in this state, and
shall never authorize any games of
chance, lottery or gift enterprise un-
der any pretense or for any purpose
whatever.

Section 29. The legislature shall
'provide by law that the fuel, station-
ery, and printing paper furnished for

the use of the state; the copying,
printing, binding and distributing of
the laws and journals, and all other
printing ordered by the legislature,
shall be let by contract to the low-
est responsible bidder; but the
printing and binding shall be done
w'thin the state, and the legislature
shall fix a maximum price. All such
contracts shall be subject to the ap-
proval of the governor, and if he dis-
approve the same, there shall be a
reletting of the contract in such
manner as shall be prescribed by
law.

Section 30. The governor shall is-
sue writs of election to fill such
vacancies as may occur in either
house of the legislature.

Section 31. No member of the
legislature shall be liable, in any
civil action or criminal prosecution
whatever, for words spoken in de-
bate.

Section 32. No act shall take ef-
fect until the first day of July next
after its passage, unless, in case of
emergency, to be expressed in the
preamble or body of the act, the leg-
islature shall, by a vote of two-thirds
of all the members elected to each
house, otherwise direct; nor shall
any act take effect until it shall
have been published in accordance
with law.

ARTICLE IV.

The Executive Department.

Section 1. The executive depart-
ment shall consist of a governor,

446 NEBRASKA CONSTITUTIONAL CONVENTIONS

lieutenant governor, secretary of
state, auditor of public accounts,
treasurer, superintendent of public
instruction, 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 oflacers shall be held on the
Tuesday succeeding the first IMonday
in November, 1871, and the officers
then elected shall each hold his of-
fice for the term of one year, and
until his successor is elected and
qualified. They shall, except the
lieutenant governor, reside at the
seat of government 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.

Section 2. The treasurer shall be
inelegible to the office of treasurer
for two years next after the expira-
tion of two consecutive terms for
which he was elected.

Section 3. The officers of the ex-
ecutive department shall, after the
first election hereinbefore provided
for, be elected at the general elec-
tion for members of the house of rep-
resentatives to be held in the year
1872. and every two years there-
after, at such times and places as
may be prescribed by law.

Section 4. The returns of every
election for the above named of-
ficers shall be sealed up and trans-
mitted, by the returning officers, to
the secretary of state, directed to the

speaker of the house of representa-
tives, who shall, immediately after
the organizauon of the house, and
before proceeding to other business,
open and publish the same in the
presence of a majority of each house
of the legislature, who shall for that
purpose assemble in the hall of the
house of representatives. The per-
son having the highest number of
votes for either of said offices shall
be declared duly elected; but if two
or more have an equal, and the hign-
est number of votes, the legislature
shall by joint ballot choose one of
such persons for said office. Con-
tested elections for all of said offices
shall be determined by both houses
of the legislature, by joint ballot, in
such manner as may be prescribed by
law.

Section 5. No person shall be eli-
gible to the office of governor or
lieutenant governor who shall not
have attained the age of twenty-five
years, and been for two years next
preceding his election a citizen of
the United States and of this State.
Neither the governor, lieutenant gov-
ernor, auditor of public accounts,
secretary of state, commissioner of
public lands and buildings, superin-
tendent of public instruction, nor at-
torney general, shall be eligible to
any other office during the period for
which he shall have been elected.

Section 6. The supreme executive
power shall be vested in the gover-
nor, who shall take care that the
laws be faithfully executed.

Section 7. The governor shall, at
the commencement of each session,
and at the close of his term of office,

CONSTITUTION OF 1871

447

and whenever the legislature may re-
quire, give to the legislature infor-
mation by message of the condition
of the state, and shall recomimend
such measures as he shall deem ex-
pedient. He shall account to the
legislature, and accompany his mes-
sage with a statement of all moneys
received and paid out by him, from
any funds subject to his order, with
vouchers, and at the commencement
of each regular session present es-
timates of the amount of money re-
quired to be raised by taxation for
all purposes.

Section 8. The governor may, on
extraordinary occasions, convene the
legislature by proclamation, stating
therein the purpose for which they
are convened, and the legislature
shall enter upon no ^siness except
that for which they were called to-
gether.

(Section 9. In case of a disagree-
ment between the two houses, with
respect to the time of adjournment,
the governor may, on the same being
cert fled to him by the house first
moving the adjournment, adjourn
the legislature to such time as he
thinks proper, not beyond the first
day of the next regular session.

Section 10. The governor shall
nominate, and, by and with the ad-
vice and consent of the senate, (a
majority of all the senators elected
concurring by yeas and nays) ap-
point all officers whose olRces are
established by this constitution, or
wh'ch may be created by law, and
whose appointment or election is
not otherwise provided for; and no

such officer shall be appointed or
elected by the legislature.

Section 11. In case of a vacancy
during the recess of the senate, in
any office which is not elective, the
governor shall make a temporary ap-
pointment until the next meeting of
the senate, when he shall nominate
some person to fill such office, and
any person so nominated, who is con-
firmed 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 until his successor shall be ap-
pointed and qualified. No person,
after being rejected by the senate,
shall be again nominated for the
same office at the same session, un-
less at the request of the senate, or
be appointed to the same office dur-
ing the recess of the legislature.

Section 12. The governor shall
have 'power to remove any officer
whom he may appoint, in case of in-
competency, neglect of duty, or mal-
feasance in office; and he may de-
clare his office vacant, and fill the
same as herein provided in other
cases of vacancy.

Section 13. The governor shall
have the power to grant reprieves,
commutations and pardons, after
conviction, for all offences except
treason and cases of impeachment,
upon such conditions and with such
restrictions and limitations as he may
think proper, subject to such regu-
lations as may be provided by law,
relative to the manner of applying
for pardons. Upon conviction for
treason, he shall have power to sus-
pend the execution of the sentence,

448 NEBRASKA CONSTITUTIONAL CONVENTIONS

until the case shall be reported to
the legislature at its next meeting,
when the legislature shall either
pardon or commute the sentence, di-
rect the execution of the sentence or
grant a further reprieve. He shall
iannually 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 sen-
tence and its date, and the date of
the reprieve, commutation or par-
don. In cases of conviction upon
impeachment the legislature may re-
m' t so much of the sentence as shall
disqualify the convicted person from
holding office.

Section 14. The governor shall be
commander in chief of the military
and naval forces of the state (except
when they shall oe called into the
service of the United States) and may
call out the same to execute the laws,
suppress insurrection, and repel in-
vasion.

Section 15. The governor and all
civil officers of this state shall be
liable to impeachment for any mis-
demeanor in office.

Section 16. Every bill passed by
the legislature, before it becomes a
law, and 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.
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 reconsider the bill. If
then two thirds of the members
elected agree to pass the same, it
shall be sent together with the ob-
jections to the other house, by which
it shall likewise be reconsidered, and
if approved by two-thirds, of the
members elected to that house, it
shall become a law notwithstanding
the objections of the governor. But
in all such cases the vote of each
house shall be determined by yeas
and nays to be entered upon the jour-
nal. Any bill which shall not be re-
turned 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
legislature by their adjournment
prevent its return; in which case it
shall be filed w th his objections in!
the office of the secretary of state,
within five days after such adjourn-
ment, or become a law.

Section 17. In case of the death,
impeachment to the senate and no-
tice thereof to the accused, 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 disabil-
ity shall be removed, shall devolve
upon the lieutenant governor.

Section 18. The lieutenant gover-
nor shall be president of the sen-
ate and shall vote only when the
senate is equally divided.

Section 19. If there be no lieu-
tenant governor, or if the lieutenant

CONSTITUTION OF 1871

449

governor shall, for any of the causes
specified :n section 17 of this article,
become incapable of performing the
duties of the office, the president of
the senate shall act as governor un-
til the vacancy is filled or the dis-
ability removed; and if the president
Df the senate, for any of the above
named causes', ishlall become inca-
pable of performing the duties of gov-
ernor, the same shall devolve upon
the speaker of the house of repre-
sentatives.

Sect on 20. The commissioner of
public lands and buildings, the sec-
retary of state, treasurer and attor -
ney general, shall form a board,
which shall have general supervision
and control of all the buildings,
grounds and lands of the state, the
state prison, asylums, and all other
institut ons thereof, except those for
educational purposes; and shall per-
form such duties, and be subject to
such rules and regulations as may be
prescribed by law.

Section 21. If the office of au-
ditor of public accounts, treasurer,
secretary of state, attorney general,
commissioner of public lands and
buildings or superintendent of pub-
lic instruction shall be vacated by
death, resignation or otherwise, it
shall be the duty of the governor to
fill the same by appointment, and the
appointee ishall hold his office until
his successor shall be elected and
qualified in such manner as may be
provided by law. An account shall
be kept by the officers of the ex-
ecutive department and of all the
public institutions of the state, of all
monies [moneys] received or dis-

bursed by them severally from all
sources, and for every service per-
formed; and a semiannual report
thereof be made to the governor, un-
der oath, and any officer w^ho makes
a false report shall be guilty of per-
jury and punished accordingly.

Section 22. The officers of the ex-
ecutive department and of all the
public institutions of the state shall,
at least ten days preceding each reg-
ular session of the legislature, sev-
erally report to the governor, who
shall transmit such reports to the
legislature, together wath the reports
of the judges 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 department and all of-
ficers and managers of state institu-
tions, upon any subject relating to
the condition, management and ex-
penses of their respective offices.

Section 2 3. There shall be a seal
of the state, which shall be called
the "Great Seal of the State of Ne-
braska," which shall be kept by the
secretary of state, and used by him
otncially as directed by law.

Section 24^ TBTe officers named in
this section shall receive for their
services a salary and they shall not,
after the expiration of the terms of
those in office at the adoption of this
constitution, receive to their own use
j any fees, costs, perquisites of office
or other compensation, and all fees
that may hereafter be payable by law
for any services performed by any of-
ficer provided for in this article of the

450 NEBEASKA CONSTITUTIONAL CONVENTIONS

constitution shall be paid in advance
into the state treasury. The sal-
ary of the governor shall be three
thousand dollars. The salaries of
the secretary of state, of the auditor
of public accounts, of the superin-
tendent of public instruction, of
[the] treasurer, commissioner of
public lands and buildings, and attor-
ney general shall each be two thou-
sand dollars. The lieutenant gover-
nor shall receive twice the compensa-
tion of a senator. Provided, that at
the expiration of five years from the
adoption of this constitution, and
every five years thereafter, the leg-
islature may by general law, read-
just the said salaries; but the sal-
aries of the officers named in this
section shall not be increased or
diminished during their official
terms.

Section 2 5. An office is a public
position created by the constitution
or law, continuing during the pleas-
ure of the appoint ng 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
accomplished.

Section 26. All civil officers, ex-
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 fol-
lowing oath or affirmative:

I do solemnly swear (or affirm)
that I will support the constitution
of the United States, the constitution
of the state of Nebraska, and that I

will faithfully and impartially dis-
charge the duties of the office of

to the best of my ability; and

that I have not, directly or indirectly,
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 said office,
and have not accepted, nor will I ac-
cept or receive, directly or indirectly,
any money or other valuable thing
from any corporation, company or
person for any official act. Any of-
ficer refusing to take the. oath herein
prescribed, shall forfeit his office, and
after conviction of having sworn
falsely to, or of violating his said
oath shall forfeit his office and shall
be disqualified from holding any of-
fice of trust or profit in the state. No
other oath, declaration or test shall
be required as a qualification.

Section 27. The officers men-
tioned in this article shall give
bonds in double the amount of money
which may come into their hands,
with such provisions as to sureties
and the approval thereof, and for the
increase of the penalty of such bonds
as may be prescribed by law.

Section 2 8. No other executive
state office shall be created.

ARTICLE V.

The Jiidicial Department.

Section 1. The judicial power of
this state shall be vested in a su-
preme court, district courts, county
courts, justices of the peace, police
magistrates, and in such other courts

CONSTITUTION OF 1871

451

nferior to the district courts as may
36 created by law for cit es and in-
jorporated towns.

Section 2. The supreme court
ihall consist of three judges, a ma-
jority of whom shall be necessary to
•orm a quorum or to pronounce a de-
iision. It shall have original juris-
iiction in cases relating to the rev-
inue, civil cases in which the state
shall be a party, mandamus, quo
jvrarranto, habeas corpus and such ap-
pellate jurisdiction as may be pro-
vided by law.

Section 3. At least two terms of
;he supreme court shall be held in
jach year at the seat of government.

Section 4. The judges of the su-
preme court shall be elected by the
electors of the state at large, and
:heir terms of office, except of those
chosen at the first election as herein-
ifter provided, shall be six years.

iSection 5. The judges of the su-
preme court shall, immediately after
:he first election under this constitu-
:ion, be classified by lot, so that one
shall hold his office for a term of j
:wo years, one for the term of four |
y^ears, and one for the term of six
>^ears.

Section 6. The judge of the su-
preme court having the shortest term
to serve, not holding his office by
ippointment, or election to fill a
racancy, shall be the chief justice,
ind as such shall preside at all terms
Df the supreme court; and in case
Df his absence, the judge having in
[ike manner the next shortest term to
serve shall preside in his stead.

' Section 7. No person shall be
Bligible to the office of judge of the

supreme court, unless he shall be at
least thirty years of age, and a cit-
izen of the United States, nor unless
he shall have resided in this state at
least three years next preceding his
election.

Section 8. The supreme court
shall appoint a reporter, and a clerk
of said court, who shall hold their
offiice respectively for the term of
three years, subject to removal by
the court, and whose duties shall be
prescribed by law.

Section 9. The district courts shall
have original jurisdiction in all
cases of law and equity; and such
appellate jurisdiction as is or may be
provided by law.

Section 10. The state shall be di-
vided ;:nto five judicial districts, in
each of which shall be elected one
judge, who shall be judge of the dis-
trict court therein; and whose term
of offiice shall be four years.

Until otherwise provided by law,
said districts shall be as follows:

First District. The counties of
Richardson, Nemaha, Johnson, Paw-
nee, Gage, Saline, and Jefferson.

Second District. The counties o'f
Otoe, Cass, Lancaster, Saunders,
Seward, and Butler.

Third District. The counties of
Douglas and Sarpy.

Fourth District. The counties of
Washington, Burt, Dodge, Cuming,
Colfax, Stanton, Madison, Wayne, Da-
kota, Dixon, Cedar, Pierce, Antelope,
L'Eau Qui Court, and the counties
and territory lying due west of
L'Eau Qui Court.

452 NEBEASKA CONSTITUTIONAL CONVENTIONS

Fifth District, The counties of
Platte, Boone, Greeley, Howard, Hall,
Merrick, Polk, York, Fillmore,
Thaj^er, Nuckolls, Clay, Hamilton,
Adams, Webster, Frankl'n, Kearney,
Harlan, Buffalo, Sherman, Dawson,
Lincoln, Cheyenne and all other
counties and territory not included in
any other district.

Section 11. The legislature, when-
ever two-thirds of the members
elected to each house shall concur
therein, may, in the year one thou-
sand eight hundred and seventy-fire
and every five years thereafter, in-
crease the number of judges of the
district courts, and the judicial dis-
tricts of the state. Such districts
shall be formed of compact terri-
tory, and bounded by county lines;
and such increase or any change in
the boundaries of a district, shall not
vacate the office of any judge.

iSection 12. The judges of the
district courts may hold courts for
each other, and shall do so when re-
qu red by law.

Section 13. The judges of the su-
preme court shall each receive a sal-
ary of $3,500, and the judges of the
district court shall each receive a
salary of $2,500 per annum, payable
quarterly, until otherwise provided
by law; and after said salaries shall
be fixed by law they shall not be in-
creased or diminished during the*
terms for which sa d judges shall be
respectively elected.

Section 14. No judge of the su-
preme court or district court shall
receive any other compensation, per-
quisite or benefit, in any form what-
soever, nor perform any other than

judicial duties to which may belong
any emoluments, nor shall any salary
or other compensation be paid by
the state to any county judge.

Section 15. There shall be elect-
ed in and for each organized county
one judge, who shall be judge of the
county court of such county, and
whose term of office shall be two
years.

Section 16. County courts shall
be courts of record and shall have
Oiriginal jurisdiction in all matters
of probate, settlement of estates of
deceased persons, appointment of
guardians and settlement of their ac-
counts; in all matters relating to
apprentices; and ; n proceedings for
the collection of taxes and assess-
ments; and such other jurisdiction as
may be given by general law. Pro-
vided, that in counties having a pop-
ulation of not less than three thou-
sand the legislature may confer
upon said courts jurisdiction ;:n sales
of real estate on execution, and by
executors, administrators, and guar-
dians; but they shall not have juris-
diction in criminal cases in which the
punishment may exceed six months
imprisonment or a fine of over five
hundred dollars; nor in actions in
which the title to real estate is
sought to be recovered, or may be
drawn in question; nor in actions
on mortgages or contracts for the
conveyance of real estate; nor where
the debt or sum claimed shall exceed
five hundred dollars.

Section 17. Appeals to the dis-
trict courts from the judgments of
county courts shall be allowed :n all
criminal cases, on application of the

CONSTITUTION OF 1871

453

defendant; and in ail civii cases, on
application of either party, in which
the amount in controversy shall ex-
ceed twenty-five dollars; and in such
other cases as the legislature may
provide.

Section 18. Justices of the peace,
and police magistrates, shall be elect-
ed in and for such districts, and
have and exercise such jurisdiction as
may be provided by law. Provided,
that no justice of the peace shall
have jurisdiction of any civ.l case
where the amount in controversy
shall exceed one hundred dollars; nor
in a criminal case when the punish-
ment may exceed three months im-
prisonment, or a fine of over one
hundred dollars; nor in any matter
wherein the title or boundaries of
land may be in dispute.

Section 19. All laws relating to
courts shall be general, and of uni-
form operation; and the organiza-
tion, jurisdiction, powers, proceed-
ings, and practice of all courts of the
same class, or grade, so far as reg-
ulated by law, and the force and
effect of the proceedings, judgments
and decrees of such courts, severally,
shall be uniform.

Section 20. The legislature may
for cause entered on the journals,
upon due notice, and opportunity of
defense, remove from office any judge
of the supreme or district court,
upon concurrence of three-fourths of
all the members elected to each
house. All other oflficers in this ar-
icle mentioned shall be removed
^rom office on prosecution and final
conviction for misdemeanor in office.

in such manner as may be provided
by law.

Section 21. All judges of courts
of record inferior to the supreme
court shall, on or before the first day
of June of each year, report in writ-
ing to the judges of the supreme
court such defects and omissions in
the laws as their experience may sug-
gest, and the judges of the supreme
court shall, on or before the first
day of January of each year, re-
port in writing to the governor such
defects and omissions in the consti-
tution and laws as they may find to
exist, together with appropr. ate
forms of bills to cure such defects
and omissions in the laws. The
judges of the several district courts
shall report to the legislature at each
regular session the number of days
they have held courts in the sev-
eral counties composing their re-
spective districts during the preced-
ing year.

Section 22. All officers provided
for in this article shall hold their of-
fices until their successors shall be
qualified, and they shall respectively
reside in the district, county or pre-
cinct for which they shall be elected
or appointed. The terms of office of
all such officers, when not otherwise
prescribed in this article, shall be
two years. All ofl^cers, when not
otherwise provided for in this art cle,
shall perform such duties and receive
such compensation as may be pro-
vided by law.

Section 23. In case the office of
any judge of the supreme court or
of any district court shall become

454 NEBEASKA CONSTITUTIONAL CONVENTIONS

vacant, before the expiration of the
regular term for which he was
elected, the vacancy shall be filled by
appointment by the governor, until a
successor shall be elected and quali-
fied, and such successor shall be
elected for the unexp red term at the
first general election that occurs
more than thirty days after the
vacancy ishall have happened. Vacan-
cies in all other elective offices pro-
vided for in this article shall be filled
by election, but when the unexpired
term does not exceed one year the
vacancy may be filled by appointment
in such manner as the legislature
may provide.

Section 2 4. The legislature shall
provided by law in what manner and
in what courts suits may be brought
against the state.

Section 2 5. The several judges of
the courts of record shall have such
jurisdiction at chambers as may be
provided by law.

Section 26. All process shall run,
"In the name of The People of the
State of Nebraska," and all prosecu-
tions shall be carried on "In the
name of The People of the State of
Nebraska" and conclude against the
peace and dignity of the same.

ARTICLE VI.

Rights of Suffrage.

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 resid-
ed in the state, county, and precinct
or 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.

Sect' on 2. No person shall be
qualified to vote who is or shall be
under guardianship, non compos
mentis, or convicted of treason or
felony under the laws of the istate, or
of the United States, unless restored
to civil rights.

Section 3. No elector shall be
deemed to have lost his residence in
the state by reason of his absence on
business of the United States or of
this state.

Section 4. No soldier, seaman, or
marine in the army or navy of the
United States shall be deemed a res-
ident of this state in consequence of
being stationed therein.

Section 5. 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 re-
turning from the same. And no
elector shall be obl'ged to do mil-
itary duty on the days of election,
except in time of war or public dan-
ger.

Section G. All votes shall be by
ballot.

Section 7. Uniform laws through-
out the state shall be made, to ascer-
tain by proper proof what citizens
are entitled to the rights of suffrage.

CONSTITUTION OF 1871

455

ARTICLE VII.

Education.

Section 1. All funds and lands set
apart for educational purposes shall
be under the control and manage-
ment of the legislature.

(Section 2. All lands, money or
other property granted, or bequeath-
ed, or in any manner conveyed to
this state for educational purposes,
shall be used and expended in ac-
cordance with the terms of such
grant, bequest, or conveyance.

Section 3. The following are
hereby declared to be perpetual
funds for common school purposes, of
which the annual interest or income,
only, can be appropriated, to wit:

First. Such per centum as has
been or may hereafter be granted by
congr"ess on the sale of lands in this
state.

Second. All moneys arising from
the sale or leasing of sections num-
ber sixteen and thirty-six in each
township in this state, and the lands
selected, or that ijiay be selected in
lieu thereof.

Third. The proceeds of all
lands that have been or may hereafter
be granted to this state, where, by the
terms and conditions of such grant,
the same are not to be otherwise ap-
propriated.

Fourth. The net proceeds of
lands and other property and ef-
fects that may accrue to the state,
by escheat or forfeiture, or from un-
claimed dividends, or distributive
shares of the estates of deceased
persons.

Fifth. All moneys, stocks, bonds,
lands and other property, now be-
longing to the common school fund.

Sixth. All other grants, gifts
and devises that have been, or
may hereafter be made to this,
state, and not otherwise appropria-
ted by the terms of the grant, gift or
devise, the interest arising from all
of the funds mentioned in this sec-
tion, together with all rents of the
unsold school lands, and such other
means as the legislature may pro-
vide shall be exclusively applied to
the following objects to wit:

First. To the support and main-
tenance of common schools in each
school district in the state, and the
purchase of suitable libraries and
apparatus therefor.

Second. Any residue of such
funds shall be appropriated to the
support and maintenance of acade-
mies, normal schools, and schools of
an intermediate grade between the
common schools and the university,
and the purchase of suitable libraries
and apparatus therefor.

Section 4. All fines, penalties and
license moneys, arising under the
general laws of the state, shall be-
long, and be paid over to the coun-
ties, respectively, where the same
may be levied or imposed; and all
fines, penalties and license moneys,
arising under the rules, by-laws or
ordinances of cities, villages, towns,
precincts or other municipal subdivis-
ion less than a county, shall belong,
and be paid over to the same, respec-
tively. All such fines, penalties and
license moneys shall be appropri^ited

456 NEBEASKA CONSTITUTIONAL CONVENTIONS

exclusively to the use and support
of common schools in the respective
subdivisions where the same may ac-
crue, and the purchase of suitable
libraries and apparatus therefor.

Section 5. The legislature shall
provide by law for tiie establishment
of district schools which shall be ab
nearly uniform as practicable, and
such schools shall be free, and with-
out charge for tuition, to all children
between the ages of five and twenty-
one years.

Section 6. Provision shall be made
by law for the equal dsitribution of
the income of the fund set apart for
the support of common schools,
among the several school districts of
the state, in proportion to the num-
ber of children and youth resident
therein, between the ages of five and
twenty-one years, and no appropria-
tion shall be made from said fund
to any district for the year :n which
a school shall not be maintained at
least three months.

Section 7. No university, agri-
cultural college, common school or
other lands, which are now held or
may hereafter be acquired by the
state for educational purposes, shall
be sold for less than seven dollars
per acre.

Section 8. All funds belonging to
the state for educational purposes,
the interest and income whereof only
are to be used, shall be deemed trust
funds held by the state, and the
state shall supply all losses thereof
that may in any manner accrue, so
that the same shall remain forever

inviolate and undiminished; and
such funds, with the interest and in-
come thereof, are hereby solemnly
pledged for the purposes for which
they are granted and set apart, and
shall not be transferred to any other
fund for other uses.

Section 9. The general govern-
ment of the university of Nebraska
shall, under the direction of the leg-
islature, be vested in a board of re-
gents to be styled the board of re-
gents of the university of Nebraska;
one member of which shall be elected
in each judicial district by the elec-
tors thereof. Tj'heir duties, powers,
and term of office shall be 'prescribed
by law; and they shall receive no
compensation, but may be reim-
bursed their actual expenses incurred
in the discharge of their duties.

Section 10. Schools for the benefit
of the deaf and dumb and the blind
shall be fostered and supported.

Section 11. The supervision of
public instruction shall be vested in
the state superintendent of public in-
struction and such other officers as
the legislature shall provide.

Section 12. The secretary of state,
treasurer, attorney general, and com-
missioner of public lands and build-
ings shall constitute a board of
commissioners, for the sale, leasing,
and general management of all lands
and funds set apart for educational
purposes and for the investment of
school funds, in such manner as may
be prescribed by law.

Section 13. No sectarian instruc-
tion shall be allowed in any school

CONSTITUTION OF 1871

457

Dr institution supported in whole or
in part by the public funds set apart
for educational purposes, nor shall
the state accept any grant, convey-
ance or bequest of money, lands or
other property, to be used for secta-
rian purposes.

ARTICLE VIII.

Revenue and Finance.

Section 1. Taxes may be right-
fully and equally levied upon the
property of the citizens to insure the
protection of life, the security of
person, property, and character; and
to attain these objects the legisla-
ture shall provide such revenue as
may be needful, by levying a tax by
valuation, so that every person and
corporation shall pay a tax in pro-
portion to the value of his, her or
its property; such value to be ascer-
ta'ned by some person or persons td
be elected or appointed in such man-
ner as the legislature shall direct,
and not otherwise; but the legisla-
ture shall have power to tax ped-
dlers, auctioneers, brokers, hawk-
ers, merchants, commission mer-
chants, showmen, jugglers, innkeep-
ers, grocery keepers, liquor dealers,
toll bridges, ferries, insurance, tele-
graph and express interests or busi-
ness, venders of patents, and per-
sons or corporations owning or using
franchises and privileges in such
manner as it shall, from time to
time, direct by general law, uniform
as to the class upon which it oper-
ates.

Section 2. The 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 man-
ner as may be consistent with the
principles of taxation fixed in this
constitution.

Section 3. The property of the
state, counties and other municipal
corporations, both real and personal,
and such other property as may be
used exclusively for agricultural and
horticultural societies, for school,
public cemetery and charitable pur-
poses, the buildings and grounds be-
longing to and used by any religious
society for religious purposes to the
value of five thousand dollars, 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. The leg-
islature may provide that the in-
creased value of lands by reason of
1 ve fences, fruit and forest trees,
grown and cultivated thereon, shall
not be taken into account, in the as-
sessment thereof.

Section 4. The legislature shall
provide, in all cases when it may be
necessary to sell real estate for the
nonpayment of taxes or special as-
sessments, for state, county, munic-
ipal 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
receive state and county taxes, and
there shall be no sale of such prop-

458 NEBEASKA CONSTITUTIONAL CONVENTIONS

erty for any of said taxes or assess-
ments, but by said officer, upon the
order or judgment of so-ve court of
record.

Sect' on 5. The right of redemp-
tion from all sales of real estate, for
the nonpayment of taxes or special
assessments of any character what-
ever, shall exist in favor of owners
and persons interested in such real
estate, for a period of not less than
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.

Section 6. The legislature shall
have no power to release or dis-
charge any county, city, township,
town or district whatever, or the
inhabitants thereof, or the property
therein, from their or its proportion-
ate share of taxes to be levied for
state purposes, nor shall commuta-
tion for such taxes be authorized in
any form whatever.

Section 7. All taxes levied for
state purposes shall be paid into the
state treasury.

Section 8. All property, real, per-
sonal, or mixed, within the jurisdic-
tion of this state, shall be listed and
taxed except as otherwise provided in
this constitution; and the leg slature
shall provide by law for carrying i
into effect this provision.

Section 9. County authorities shall
never assess taxes, the aggregate ol
which shall exceed two dollars per
one hundred dollars valuation, ex-
cept for the payment of indebtednesE
existing at the adoption of this con-
stitution, unless authorized by a vote
of the people of the county.

Section 10. The legislature may
vest the corporate authorities of
cities, towns and villages with power
to make local improvements by spe-
cial assessment or by special taxation
of property, benefitted 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 uni-
form in respect to persons and
property within the jurisdiction of
the body imposing tne same.

Section 11. The legislature shall
not impose taxes upon municipal cor-
porations, or the inhabitants or prop-
erty 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 12. No person who is in
default, 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 or com-

CONSTITUTION OF 1871

459

pensation of no muliicipal officer who
is elected or appointed for a definite
term of office shall be increased or
diminished during such term.

Section 13. The legislature at its
first session shall provide by law for
the funding of all outstanding war-
rants and other indebtedness of the
state, at a rate of interest not ex-
ceeding ten per cent per annum; and
all counties, cities, towns or other
municipal corporations, may fund
their outstanding indebtedness, in
bonds bearing a rate of interest not
exceeding ten per cent per annum, in
such manner as the legislature may
provide.

Section 14. The legislature shall
provide by law that all claims upon
the treasury shall be examined and
adjusted by the auditor and approved
by the secretary of state, before any
warrant for the amount allowed shall
be drawn.

ARTICLE IX.

Counties.

Section 1. No new county shall be
formed or established by the legisla-
ture which will reduce the county
or counties, or either of them, from
which it shall be taken, to a less area
than four hundred square miles; nor
shall any county be formed of a less
area.

Section 2. No county shall be di-
vided, or have any part stricken
therefrom, without first submitting
the question to a vote of the people
qf the county; nor unless a majority

of all the legal voters of the county,
voting on the question, shall vote for
the same. Provided, that the legisla-
ture may divide any county whose
area exceeds nine hundred square
miles without submitting the question
to the vote of the people.

Section 3. There shall be no ter-
ritory stricken from any organized
couijty, unless a majority of the vot-
ers living in such territory shall pe-
tition for such division; and no ter-
ritory shall be added to any or-
ganized county without the consent
of the majority of the voters of the
county to which it is proposed to be
added; but the portion so stricken off
and added to another county, or
formed in whole or in part into a
new county, shall be holden for, and
obliged to pay its proportion of the
indebtedness of the county from
which it has been taken.

Section 4. No county seat shall
be removed until two-thirds of the
voters of the county, to be ascer-
tained in such manner as shall be
provided by general law, shall have
voted in favor of its removal to some
other one point. The question of the
removal of a county seat shall not
be oftener submitted than once in six
years. Provided, that when an at-
tempt is made to remove a county
seat to a point ten miles, in a direct
line, nearer the center of the county
then a majority vote only shall be
necessary, and the question of re-
moval may be submitted once in four
years.

Section 5. The legislature shall
provide by law for the election of

460 NEBRASKA CONSTITUTIONAL CONVENTIONS

such county and township officers
as may be necessary.

Section 6. The legislature shall pro-
vide by general law for township or-
ganization, under which any county
may organize whenever a majority of
the legal voters of such county voting
at any general election shall so de-
termine; and whenever any county
shall adopt township organiza«tion,
so much of this constitution as
provides for the management of
the fiscal concerns of the said
county by the board of county com-
missioners may be dispensed with,
and the affairs of said county may be
transacted in such manner as the
legislature may provide; and in any
county that shall have adopted a
township organization, the question
of continuing the same may be sub-
mitted to a vote of the electors of
such county at a general election, in
the manner that shall be provided by
law; and if a majority of all the
votes cast upon that question shall
be against townsL/p organization,
then such organization shall cease in
said county; and all laws in force in
relation to counties not having town-
ship organization shall immediately
take effect and be in force in such
county. No two townships in any
one county shall have the same
name, and the day of holding the
annual township meetings shall be
uniform throughout the state.

Section 7. There shall be elected
in each of the counties in this state
three officers, who shall be styled
"The Board of County Commission-
ers," whose term of office shall be I
three years, and who shall hold ses- 1

slons for the transaction of countj
business as shall be prescribed bj
law: Provided, that the county com
missioners now elected in the severa'
counties of the state shall hold theii
•office for the term for which thej
were elected.

ARTICLE X.

Corporations.

Section 1. No corporation shali
be created by special law, nor its
charter extended, changed or amend-
ed, except those for charitable, edu-
cational, penal or reformatory pur-
poses which are to be and remair
under the patronage and control ol
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 re-
pealed.

Section 2. All corporations may
sue and be sued in like cases as nat-
ural persons.

Section 3. Stockholders of all cor-
porations and joint stock associa-
tions shall be individually liable for
all debts of such corporation or asso-
ciation, to the full amount of the par
value of their stock, after the cor-
porate property shall have been ex-
hausted.

Section 4. The legislature shall
provide by law that, in all elections
for directors or managers of incor-
porated companies, every stockhold-
er shall have the right to vote, in.

CONSTITUTOIN OF 1871

461

person or by proxy, for /the number
of shares of stock owned by him, for
as many persons as there are direc-
tors or managers to be elected, or to
cumulate said shares, and give one
candidate as many votes as the num-
ber of directors multiplied by the
number of his shares of stock shall
equal, 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 elected in any other manner.

Section 5. All existing charters or
grants of special or exclusive privi-
leges, under which organization shall
not have taken place, or which shall
not be in operation within ten days
from the time this constitution takes
effect, shall thereafter have no valid-
ity or effect whatever.

Banks.

Section 6. No state bank shall
hereafter be created, nor shall the
state own or be liable for any stock
in any corporation or joint stock com-
pany or association for banking pur-
poses, now created or hereafter to be
created. No act of the legislature
authorizing or creating corporations
or associations, 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 ap-
proved by a majority of all the votes
cast at such election, for or against
3uch law.

Section 7. Every stockholder in a
banking corporation or institution
sjiall be individually responsible and

liable to its creditors, over and above
the amount of stock by him held, to
an amount equal to his respective
stock or shares so held, for all its
liabilities accruing while he remains
such stockholder.

Section 8. The suspension of
specie payments by banking institu-
tions, on their circulation, so 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 quar-
terly statement of its affairs (which
shall be certified to under oath, by
one or more of its officers) as amy
be provided by law.

Section 9. 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 circu-
late as money, and require security,
to the full amount thereof, to be de-
posited 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 depreciation of said 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 deficiency, by depositing ad-
ditional stock or bonds; and said law
shall also provide for the recording
of the names of all stockholders in
such corporations, the amount of

39. To express the intended meaning the
construction of this sentence should be changed
thus: "The suspension of specie payments
on their circulation, by banking iofetitutious
created by the laws of this: state, shall never
be permitted or sanctioned."— Ed.

462 NEBRASKA CONSTITUTIONAL CONVENTIONS

stock held by each, the time of any
transfer thereof, and to whom such
transfer is made.

Railroads.

Section 10. Every railroad corpor-
ation organized or doing business in
this state under the laws or author-
ity thereof, or of any other state, 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 w^hich
shall be kept for public inspection
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. The direc-
tors of every railroad corporation
shall annually make a report, under
oath, to the airdI*or of public ac-
counts, or some officer to be designat-
ed by law, of the amount received
from passengers and freignt, and of
all their acts and doings; which re-
port shall include such matters re-
lating to railroads as may be pre-
scribed by law^ And the legislature
shall pass laws enforcing by suitable
penalities the provisions of this sec-
tion.

Section 11. The rolling stock and
all other movable property belonging
to any railroad company or copora-
tion in this state shall be liable to
execution and sale in the same man-
ner as the personal i)roperty of in-
dividuals, and the legislature shall

pass no law exempting any such prop-
erty from execution and sale.

Section 12. No railroad corpora-
tion shall consolidate its stock, prop-
erty or franchises with any other
railroad corporation owning a par-
allel 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 provided by law.

Section 13. Railways heretofore
constructed 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 or passengers and
freight on the different railroads in
this state. The liability of railroad
corporations as common carriers
shall never be limited, but the same
Khali bo and rcm:L;'i ys fixel by the
conip-'on law.

Section 14. No railroad corpora-
tion shall issue any stock or bonds,
except for money, labor, or property,
actually received 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 corporation shall be void. The
capital stock of no railroad corpora-
tion shall be increased for any pur-
pose, except after public notice for

CONSTITUTION OF 1871

463

sixty days, in such manner as may
be provided by law.

Section 15. The exercise of the
power and the right of eminent do-
main shall never be so construed or
abriged as to prevent the taking by
the legislature of the property and
franchises of incorporated companies
already organized or hereafter to be
organized, and subjecting them to
the public necessity the same as of
individuals. The right of trial by
jury shall be held inviolate in all
trials of claims for oomfpensation,
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 16. The legislature shall
pass laws to correct abuses and pre-
vent unjust discrimination and ex-
tortion in the rates of freight and
passenger tariffs on the different rail-
roads in this state, and enforce such
laws by adequate penalties to the ex-
tent, if necessary for that purpose,
of forfeiture of their property and
franchises.

Section 17. No county, city, town,
township or other municipal corpora-
tion shall ever make any donation
to, or loan its credit in aid of any
corporation which has received, or
may hereafter receive a grant of land
from the United States, or to any
railroad corporation which has con-
structed or shall hereafter construct
its road in whole or in part from the
proceeds of land grants.

ARTICLE XI.

County and Municipal Aid to Corpor-
ations.

No city, county, town, precinct,
or other municipality, or other sub-
division of the state, shall ever be-
come subscriber to the capital stock
of any railroad or private corpora-
tion, or make donations 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 to do so shall have
been submitted at an election held
by authority of law, and three-fifths
of the qualified electors voting on
isaid proposition shall be in favor of
the same. Such indebtedness, inclu-
sive of any and all similar indebted-
ness, whensoever created, shall not,
at any time, exceed ten per cent of
the valuation for taxable purposes of
such city, town, county, precinct, or
other municipality, or subdivision of
the state, contracting such indebted-
ness; nor shall any aid be given to
any railroad company, or for the con-
struction of any railroad, or any in-
debtedness be created or contracted
for such purposes, unless the line of
the railroad ishall have been definite-
ly located, and shall be specified in
the proposition voted upon; nor shall
such indebtedness exceed five thou-
sand dollars per mile to any proposed

464 NEBEASKA CONSTITUTIONAL CONVENTIONS

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 the
part so completed.

ARTICLE XII.
Miscellaneous Provisions.

Section 1. The capital or this state
shall remain at the city of Lincoln,
until the year ofie thousand eight
hundred and eighty; and until
otherwise provided by a law designat-
ing some other place therefor, which
shall be submitted to, and be ap-
proved by a majority of the electors
voting thereon.

Section 2. The legislature shall
determine what persons shall consti-
tute the militia of the state, and may
provide for organizing and disciplin-
ing the same.

Section 3. No person who sliall
be convicted of the embezzlement or
defalcation of the public funds of
this state shall ever be eligible to
any office of honor, trust, or profit
under the same, nor shall any ])erson
convicted of felony be eligible to of-
fice, unless he shall have been re-
stored to civil rights.

ARTICLE XIII.

Amendments to the Constitution.

Section 1. Any amendment or
amendments to this constitution
may be proposed in the senate or
house of representatives, and, if
agreed to by a majority of the mem-
bers elected to each house, shall be

entered upon their journals, with the
yeas and nays taken thereon; and the
secretary of state shall cause the
same to be published weekly for three
months immediately preceding the
next election, in at least one newspa-
per in every county in which a news-
paper shall be published; and if, in
the legislature next afterwards
chosen, such proposed amendment or
amendments shall be agreed to, by
a majority of the members elected
to each house, the secretary of state
shall cause the same again to be pub-
lished for the time, and in the man-
ner aforesaid; and such proposed
amendment or amendments shall be
submitted to the electors of this state
for adoption or rejection at the next
election of members of the legisla-
ture, in such manner as may be pre-
scribed by law, and, if ratified by a
majority of those voting thereon,
shall become a part of the consti-
tution. If two or more amendments
be submitted at the same time, pro-
vision shall be made for taking the
vote thereon separately.

Section 2. Whenever two-thirds of
the members elected to each house of
the legislautre shall, by a vote en-
tered upon the journals thereof, con-
cur that a convention is necessary to
revise, alter, or amend the constitu-
tion, the question shall be submitted
to the electors at the next general
election. If a majority of the votes
cast thereon be for a convention, the
legislature shall, at the next session,
provide therefor, and shall, in the
act calling the convention, designate
the day, houT and place of its meet-
ing, fix the compensation of its mem-
bers and ofllcers, and provide for the

CONSTITUTION OF 1871

465

payment thereof and of the expenses
necessarily incurred by the conven-
tion, in the performance of its duties.
The law submitting the question shall
be published for the time, and in the
manner provided in the preceding sec-
tion as to proposed amendments.

ARTICLE XIV.

Legislative Apportionment.

Until otherwise provided by law
senatorial and representative dis-
tricts ©hall be formed, and senators
and representatives apportioned
thereto, as follows.

Senatorial Districts.

District number one shall consist
of the county of Richardson, and be
entitled to one senator.

District number two shall consist
of the county of Nemaha, and be en-
titled to one senator.

District number three shall con-
sist of the county of Otoe, and be en-
titled to two senators.

District number four shall consist
of the county of Cass, and be entitled
to one senator.

District number five shall consist
of the counties of Saunders and
Sarpy, and be entitled to one senator.

District number six shall consist
of the county of Douglas, and be en-
titled to three senators.

District number seven shall con-
sist of the county of Washington,
and be entitled to one senator.

District number eight shall con-
sist of the county of Dodge, and be
' entitled to one senator^

District number nine shall consist
of the counties of Cuming, Burt and
Stanton, and be entitled to one sena-
tor.

District number ten shall consist
of the counties of Dakota, Dixon,
Cedar, L'Bau Qui Court, Antelope,
Madison, Pierce, and Wayne, and
shall be entitled to one senator.

District number eleven shall con-
sist of the counties of Platte, Colfax,
Boone, Merrick, Hamilton, Polk,
York, and Butler and be entitled to
one senator.

District number twelve shall con-
sist of the counties of Saline, Seward,
and Jefferson, and be entitled to one
senator.

District number thirteen shall con-
sist of the counties of Johnson and
Gage, and be entitled to one sena-
tor.

District number fourteen shall con-
sist of the county of Lancaster, and
be entitled to one senator.

District number fifteen shall con-
sist of the county of Pawnee, and
be entitled to one senator.

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 entitlea to one senator.

Representative Districts.

District number one shall consist
of the county of Richardson, and be
entitled to four members.

District number two shall consist
of the county of Nemaha, and be en-
titled to three members.

466 NEBRASKA CONSTITUTIONAL CONVENTIONS

District number three shall consist
of the county of Otoe, and be entitled
to six members.

District number four shall consist
of the county of Cass, and be entitled
to four members.

District number five shall consist
of the county of Sarpy, and be en-
titled to one member. .

District number six shall consist
of the county of Douglas, and be en-
titled to nine members.

District number seven shall con-
sist of the county of Washington, and
be entitled to two members.

District number eight shall consist
of the county of Burt, and be entitled
to one member.

District number nine shall consist
of the county of Dakota, and be en-
titled to one member.

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 eleven shall con-
sist of the counties of Madison and
Stanton, and be entitled to one mem-
ber.

District number twelve shall con-
sist of the county of Cuming, and be
entitled to one member.

District number thirteen shall con-
sist of the county of Dodge, and be
entitled to two members.

District number fourteen shall con-
sist of the county of Colfax, and be
entitled to one member.

District number fifteen shall con-
sist of the county of Platte, and be
entitled to one member.

District number sixteen shall con-
sist of the counties of Butler and
Polk, and be entitled to one member.

District number seventeen shall
consist of the counties of Merrick,
Howard, Sherman, Valley, Greeley,
and Boone, and be entitled to one
member.

District number eighteen shall con-
sist of the county of Hall, and be en-
titled to one member.

District number nineteen shall con-
sist of the county of Pawnee, and be
entitled to two members.

District number twenty shall con-
sist of the county of Gage, and be
entitled to one member.

District number twenty-one shall
consist of the county of Johnson, and
be entitled to one member.

District number twenty-two shall
consist of the county of Lancaster,
and be entitled to three members.

District number twenty-three shall
consist of the county of Saunders, and
be entitled to two members.

District number twenty-four shall
consist of the county of Seward, and
be entitled to one member.

District number twenty-five shall
consist of the county of Saline, and
be entitled to one member.

District nHmber twenty-six shall
consist of the counties of Jefferson

CONSTITUTION OF 1871

467

and Thayer, and be entitled to one
.member.

District number twenty-seven shall
consist of the county of Lincoln, and
be entitled to one member.

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-nine shall
consist of the county of Dixon, and
be entitled to one member.

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.

SCHEDULE.

Section 1. That no inconvenience
may arise from the revisions and
changes made in the constitution of
this state, and to carry the same into
effect, it is hereby ordained and de-
clared that all laws enacted, to take
effect hereafter, and all laws in force
at the time of the adoption of this
constitution, not inconsistent there-
with, and all rights, actions, prose-
cutions, claims and contracts of this
state, individuals or bodies corpor-
ate, ishall continue to be as valid as
if this constitution had not been
adopted.

Section 2. •All fines, taxes, pen-
alties, and forfeitures due and owing
to the state of Nebraska, or to the
people thereof, under the present
constitution and laws, shall inure to
the use of the people of the state of
Nebraska under this constitution.

Section 3. Recognizances, bonds,
obligations, and all other instru-
ments entered into or executed be-
fore the adoption of this constitution,
to the people of the state of Nebraska,
to the state of Nebraska, to any state
or county officer, or public body, shall
remain binding and valid, and rights
and liabilities upon the same shall
continue; and all crimes and misde-
meanors shall be tried and punish-
ed as though no change had been
made in the constitution of this
state.

Section 4. All existing courts
which are not in this constitution
specifically enumerated, and con-
cerning which no other provision is
herein made, shall continue in exis-
tence and exercise their ^present jur-
isdiction until otherwise provided by
law.

Section 5. All persons now filling
any office or appointment shall con-
tinue in the exercise of the duties
thereof, according to their respective
commissions, elections or appoint-
ments, unless by this constitution it
is otherwise directed.

Section 6. The district attorneys
now in office shall continue during
their unexpired terms to hold and
exercise the duties of their respective
offices in the judicial districts herein
created, in, which they severally re-
side. In each of the remaining dis-
tricts, one such officer shall be elect-
ed at the first general election, and
hold his office until the expiration
of the terms of those now in office.

Section 7. This constitution shall
be submitted to th& people of the
state of Nebraska for adoption or re-
jection, at an election to be held on

the third Tuesday in September,
1871, and there shall be separately
submitted, at the same time, for
adoption or rejection, the independ-
ent section relating to the liability of
stockholders in banking corpora-
tions, companies and as;sociations;
the independent article prohibiting
county and municipal aid to corpora-
tions; the section relating to com-
pulsory education and reformatory
schools; and the section relating to
inhibition and license, and the sec-
tion relating to the extension of the
right of suffrage. At said election
the qualified electors shall vote at
the usual places of voting, and the
saad election shall be conducted, and
the returns thereof made according
to the laws now in force, regulating
general elections, except as herein
otherwise provided.

Section 8. The secretary of state
shall, at least ten days before said
election, cause to be delivered to the
county clerk of each county blank
poll books, tally lists, and form's of
return, and twice as many properly
prepared printed ballots, for the said
election, as there are voters in such
county, the expense whereof shall be
audited and paid as other public
printing ordered by the secretary is
by law required to be audited and
paid: and the several county clerks
shall at least five days before said
election cause to be distributed to the
judges of election, in each election
precinct in their respective counties,
said blank poll books, tally lists,
forms of return and tickets.

Section 9. At the said election
the ballots shall be in the following
form.

New Constitution Ticket.

"For all the propositions on this
ticket which are not canceled with
ink or pencil; and against all prop-
ositions which are so canceled."

For the new constitution. For
the independent section relating to
the liability of stockholders in bank-
ing corporations, companies and as-
sociations. For the independent ar-
ticle prohibiting county and munic-
ipal aid to corporations.

For the section relating to com-
pulsory education and reformatory
schools.

For the section relating to inhibi-
tion and license.

For the section relating to the
extension of the right of suffrage.

Each of said tickets shall be count-
ed as a vote cast for each proposition
thereon not canceled with ink or
pencil, and against each proposition
so canceled, and returns thereof shall
be made accordingly by the judges of
election.

Section 10. The returns of the
whole vote cast, and of the votes
for the adoption or rejection of this
constitution, and for or against the
articles and sections respectively
submitted, shall be made by the sev-
eral county clerks, to the secretary
of state, within fourteen days after
the election; and the returns of the
said votes shall, within three days
thereafter, be examined and can-
vassed by the president of this con-
vention, the secretary of state, and
the auditor, or any two of them, and
proclamation shall be made forth-

CONSTITUTION OF 1871

469

with by the president of this con-
vention, or the secretary of state, of
the result of the canvass.

Section 11. If it shall appear that
d. majority of the votes polled art
"for the new constitution," then so
much of this constitution as was not
separately submitted to be voted on
by articles and sections shall be the
supreme law of the state of Nebras-
ka, on and after the eighth day of
October, 1871; but if it shall appear
that a majority of the votes polled
were against the new constitution,
then the whole thereof, including the
articles and sections separately sub-
mitted, shall be null and void. If the
votes "for the new constitution"
shall adopt the same, and it shall ap-
pear that a majority of the votes
polled are "for the independent sec-
tion relating to the liability of stock-
holders in banking corporations,
companies and associations," said
section ishall be a part of the con-
stitution of this state, and shall be
substituted for section 7 of the article
entitled "corporations," otherwise
such independent section shall be null
and void.

If the votes "for the new constitu-
tion" shall adopt the same, and it
shall appear that a majority of the
votes polled are "for the independent
article prohibitin'^ county and munic-
ipal aid to corporations," said article
shall be a part of the constitution of
:his state, and shall be substituted
for article number xi, entitled "coun-
:y and municipal aid to corporations,"
>therwise such independent article
shall be null and void.

If the votes "for the new constitu-
;ion" shall adopt the same, and it

shall appear that a majority of the
votes polled are "for the section re-
lating to compulsory education and
reformatory schools" said section
shall be a part of the constitution of
this state, and be section 14, of ar-
ticle vii entitled "Education;" other-
wise such section shall be null and
7oid.

If the votes "for the new consti-
tution" shall adopt the same, and it
shall appear that a majority of the
votes polled are "for the section re-
lating to inhibition and license" said
section shall be a part of the con-
stitution of this state and be section"
4 of article xii; otherwise such sec-
tion shall be null and void.

If the votes, "for the new consti-
tution," shall adopt the same, and
it shall appear that a majority of
the votes polled are "for the sec-
tion relating to the extension of the
right of suffrage," said section shall
be a part of the constitution of this
state, and be section number — , of
article number — ; otherwise such
section shall be null and void.

Section r2. The general election
of this state shall be held on the
Tuesday succeeding the first Monday
of November of each year. All state,
district, county, precinct, and town-
ship officers, by the constitution or
laws made elective by the people, ex-
cept school district officers and mun-
icipal officers in cities, villages, and
towns, shall be elected at a general
election to be held las aforesaid. Jud-
of the supreme, district, and county
courts,all elective county and precinct
officers,and all other elective officers,
the time for the election of whom is
not herein otherwise provided for.

470 NEBRASKA CONSTITUTIONAL CONVENTIONS

and which are not included in the
above exception, shall he elected at
the first general election after the
adoption of this constitution, and
thereafter at the general election
next preceding the time of the ter-
mination of their respective terms of
office.

Provided, that at the first election
of the judges of the supreme court,
herein provided for, no elector shall
vote for more than two candidates for
such pflSces, and the three persons
having the highest number of votes
shall be declared elected.

Section 13. The terms of office
of all state and county officers, of
judges of the supreme, district and
county courts, members of the legis-
lature, and regents of the university,
shall begin on the first day of Janu-
ary next succeeding their election.

Section 14. The present state and
county officers, members of the leg-
islature, and regents of the university
shall continue in office until their
successors shall be elected and qual-
ified.

Section 15. The supreme court,
the district courts, and the county
courts established by this constitu-
tion, shall be the successors respec-
tively of the supreme court, the dis-
trict courts and the probate courts,
having jurisdiction under the exist-
ing constitution.

Section 16. The supreme court
and the district and the probate
courts, now in existence, shall con-
tinue, and the judges thereof shall

exercise their powers and retain their
present jurisdiction until the courts
provided for by this constitution shall
be organized.

Section 17. All cases, matters and
proceedings, pending undetermined
in the several courts, and all records,
judgments, orders and decrees, re-
(maining therein, are hereby trans-
ferred to, and shall be proceeded in
and enforced in and by the successors
thereof, respectively.

Section 18. If this constitution be
adopted, the existing constitution
shall cease in all its provisions.

Section 19. The provisions of this
constitution, required to be executed
prior to the adoption or rejection
thereof, shall take effect and be in
force immediately.

Section 20, The legislature shall
pass all laws necessary to carry into
effect the provisions of this constitu-
tion.

Section 21. On the taking effect
of this constitution all state officers
thereby continued in office, shall, be-
fore proceeding in the further dis-
charge of their duties, take an oath
or affirmation to support this con-
stitution.

Section 2 2. This constitution shall
be enrolled and deposited in the of-
fice of the secretary of state, and
printed copies thereof shall be pre-
fixed to the books containing the laws
of this state, and all future editions
thereof.

CONSTITUTION OF 1871 471

PROPOSITIONS SEPARATELY
SUBMITTED

liiabilities of Stockholders in Bank-
ing Companies, Corporations and
Associations.

Each stockholder in a banking cor-
poration, company, or association
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 twice
the entire amount of his or her re-
spective stock or shares so held, for
all its liabilities accruing while he
or she remains such stockholder.

Prohibiting County and Municipal
Aid to Corporations.

No county, city, town, township or
other municipality shall ever become
subscriber to the capital stock of any
railroad, or private corporation, or
make donation to or loan its credit in
aid of such corporation. Provided,
however, that the adoption of this
(article shall not Jbe construed as
affecting the right of any such mu-
nicipality to make such donation
whereThe same has been authorized
under existing laws by a vote of the
people of such municipalties prior to
such adoption.

Compulsory Education and Reform-
atory Schools.

The legislature may require by
law that every child of sufficient
mental and physical ability, between
phe ages of eight and sixteen years,

unless educated by other means,
shall, in all cases when practicable,
attend a public school supported by
the common school fund, for some
definite length of time each year to be
fixed by law, and may establish a
school or schools, for the safe keep-
ing, education, employment and re-
formation of all children under the
age of sixteen years, who for want of
proper parental care or other cause,
are growing up in mendicancy, ig-
norance, idleness, or vice, which
school shall constitute a part of the
system of common schools.

Inhibition and License.

The legislature shall provide by
general law fox submitting to the
electors of counties, cities, or towns in
the state, the question of "inhibition"
or "license" for the sale of intoxi-
cating liquors, and shall prescribe the
manner of carrying into effect the
will of the people so expressed.

Extension of the Right of Suffrage.

The legislature may extend by law
the right of suffrage to persons not
herein enumerated, but no such law
shall be in force until the same shall
have been submitted to a vote of the
people at a general election, and ap-
proved by a majority of all the votes
cast on that question at such elec-
tion.

Done in Convention, at the Capitol,
in the city of Lfincoln, on the nine-
teenth day of August, in the year
of our Lord one thousand eight
hundred and seventy-one, and of
the independence of the United

472 NEBRASKA CONSTITUTIONAL CONVENTIONS

states of America, the ninety-sixtli.
In witness whereof, we have here-
unto subscribed our names,

Silas A. Strick- Edwin N Gren-

land, President ell,
O. A. Abbott, Enos F Gray,
M. Ballard, N. K. Griggs,

J. E. Boyd, Isaac S. Hascall,

John Nelson Gas- B. 1. Hinman,

sell, J. A. Kenaston,

W. H. Curtis, James Kilburn,
John C. Campbell, S. M. Kirkp.atrick,
Jas. W, Eaton, Geo. B. Lake,
Experience Esta,- Waldo Lyon,

brook, s. P. Majors,

Pelham S Gibbs, o. P. Mason,
Geo C Granger, Charles F. Man-
derson,

Samuel Maxwell, Gilbert B. Sco-
D. T. Moore, field,
John C. Myers, Chas A Speice,
D. J. McCann, Jacob Shaff,
John D. Neligh, E. W. Thomas,
B. J. Newsom, Geo. H. Thummel.
Jas. E. Philpott, F. A. Tisdel, Jr.,.
Barzillai Price, Edwin S. Towle,
H. M. Reynolds, Victor Vifquain,
Seth Robinson, IJIeazer Wakeley,
R. F. Stevenson, A. J. Weaver,
Alex. S. Stewart, John Wilson,
A L Sprague, Jameis M Wool-
worth.

Attest:

L L HOLBROOK,

Secretary,
LOUIS E. CROPSEY,
Assistant Secretary^

NOTE; In the list oj members of the
convention, volume i, pages 19-'£(), errors
occur as follows: I). J. McCann is assign-
ed to the third senatorial, instead of the
third represerdative district: ISamuel Max-
well to the fourth representative, instead of
the fourth senatoi'ial district; J. J). Neligh
to the twentieth senatorial instead
of the twentieth, representative district;
Jacob >S7m/r to Saunders county and the
ninth representative district instead of
liichardson county and thejirst represent-
ative district; E. W. Thomas to the fourth,
instead of the second senatorial district.

Fifteen of the nicDibcrs were democrats,
namely: Boyd, Caniphcll, Eaton, Grenelly
llinman, New.som, IScoficld, /Shat]', Spicer,
Steven.'^on, Thomas, Towle, Vifquain,
Wakeley, Woolworth.. Contemporary news-
papers cla.s.sed iShatf and Towle as repub-
licans; but in a letter to the editor, dated
May S, 191S, Mr. Towle says that they
were elected as dcnwcrats. Mr. Towle
voted with, the republicians in the organi-
zation of the Nebra.ska hou.sc of reprc^ioit-
a tives in lS7o and in the election of a I iiit-
ed IStates senator in the legislature of 1^73.
—Ed.

INCIPIENT CONVENTION OF' 1860

Only two conventions of Nebraska
— those of 1871 and 1875 — con-
structed constitutions. There were
two attempts to form constitutions
prior to the submission and adoption
of the first constitution in 186 6. An
irrepressible conflict between the
North Platte and South Platte sec-
tions of the 'territory was manifested
in the first territorial legislative as-
sembly, and it continued until, in
comparatively recent years, it became
practicable to bridge the Platte river,
:he all but impassable barrier be-
tween these two natural divisions, at
many convenient points. The win-
ling of the capital by the North
Platte, in the first contest, increased
:he animosity, partly because the
South Platte humanly resented de-
feat, and partly because it was be-
ieved that the. fact of the presence of
;he seat of government at Omaha, in
;he North Platte, gave that section
indue influence over appropriations
md other federal favors. Purther-
nore, the people of the South Platte,
)eing in a decisive majority, natural-
y looked to state government for re-
ief and revenge, because, being
)urely local, it would be under their
sontrol. However, they first sought
he revolutionary remedy of dis-
nemberment by the ann^atlori of
lieir own section to Kansas. But

failing in this attempt, after a fierce
struggle in 1859, they resorted to
statehood. And so, on the 8th of
December, 1859, William H. Brod-
head, of Otoe county, introduced in
the house of representatives of the
sixth territorial assembly house roll
number 3, "a bill for an act to frame
a' state constitution and state gov-
ernment for the state of Nebraska."
On the 12th the bill was referred to
a joint committee on state organiza-
tion, consisting of Mills S. Reeves and
William H. Taylor of Otoe county,
and George W. Doane, of Douglas,
from the council; and William H.
Brodhead, of Otoe; John Taffe, of
Dakota; Jesse, Noel, of Nemaha;
James Tufts, of L'Eau Qui Court;
and Houston Nuckolls, of Richard-
son, from the house of representa-
tives. On the 13th Reeves reported
to the council, and on the 14th Brod-
head, Nuckolls, and Noel to the house.
Both reports recommended the pas-
sage of the statehood measure. Mr.
Reeves urged that both of the politi-
cal parties of the territory had ex-
pressed themselves in favor of a state
government at their recent conven-
tions, and that the advantages of
statehood would doubly offset its in-
creased expense, that among the ac-
cruing advantages would be an in-
creased influx of capital and immi-

474 NEBRASKA CONSTITUTIONAL CONVENTIONS

gration, the making of school lands
available for use in support of public
schools, grants of lands for public
buildings and roads. The best of
these lands, he said, were rapidly
passing out of the hands of the gen-
eral government into those of private
citizens and speculators. "The ques-
tion of the location of the Pacific
railroad, which, since the discovery
of the untold millions of gold on our
western border [the Pike's Peak gold
fields], all concede must and will be
built, may be decided in our favor
by the votes of our own representa-
tives, if we are, as we should be, ad-
mitted into the union at the same
time with Kansas." The house report
briefly presented substantially the
same arguments.

The bill was passed in the house
of representatives on the 4th of Jan-
uary. Only five of the twenty-two
affirmative votes were cast by North
Platte members, while ten of the
fourteen negative votes were of that
section. On the 9th of January the
council, by a vote of six to three, re-
ceded from its amendments to the
bill, with which the house had re-
fused to concur. Pour of the six af-
firmative votes were from the North
Platte, but all of the three negative
votes were also from that section.
The act was approved by the gov-
ernor on the 11th of January. ]t
provided that at an election to be'
held on the 5th of March, 1860, the
electors of the territory should vote

40. The council report appears in the Coun-
cil Journal of the sixth territorial assembly,
page 51; and the house report in the House
Journal of the same assembly, page 77. The
platforms adopted by the two political con-
ventions of 1859, referred to in the council
report, appear in the History of Nebraska,
volume i, pp. 409-411.— Ed.

"for state government," or "against
state government," and that they
should also elect fifty-two delegates
to a convention to be held at Omaha
on the 9th of April, 1860, if a ma-
jority of the votes cast should be for
state government. There were 20 94
vctes for state government, and 2372
against. Consequently no convention
was held. The South Platte cast
1525 for and 1020 against, while
the North Platte cast only 5 69 for and
1352 against. The total vote — 4466
— was rather light compared v/ith
that cast at the ensuing fall election
— 5 900. The Omaha Nebraskian, a
democratic organ, said that "not one-
half the democratic voters partici-
pated in the election." The apathy
of the democrats may be accounte:?
for, partly, at least, on the gr-'^und
that the national administration,
which administered territorial pat-
ronage, was democratic, with a fair
prospect that, under the leadership
of Douglas, it might so con^inre;
while, on the other haad, it jeeir.'^d
quite likely that the republicans
would be able to control a local
state government. -11

The immemorial feud between
Omaha and Nebraska City broke out
on the motion by Andrew J. Hans-
com, of Douglas county, to designate
"Omaha City" as the place for hold-
ing the convention, which was lost
by a vote of fifteen to nmeteen;
whereupon, a motion by Milton W.
Reynolds, of Otoe county, to confer

41. The names of the delegates to the pro-
posed convention, and the vote, by counties, ^
on the statehood proposition are given in vol-
ume i of the History of Nebraska, page 4'ja.
'J'he act of tiie legislative assembly providing:
for the convention appears in tlio Laws of the
Sixth Legislative Assembly, page 45.— Ed.

INCIPIENT CONVENTION OF 1860.

475

that honor on Mebraska City was
carried by twenty-one to thirteen.
The next day, however, a motion to
reconsider was carried by twenty-one
to fifteen, and Hanscom's motion to
substitute "the capital of the terri-
tory" was carried without roll call.
Inasmuch as the belligerent newspa-
pers of neither section took notice of
this episode, it may be inferred that
the reconsideration in favor of Oma-
ha was the result of a more or less
amicable compromise on the rest of
the measure.

Council' bill number 5, with the
same purpose, was passed on the
16th of December, by a vote of eight
to two, Elmer S. Dundy, of Richard-
son county, and William H. Taylor, of
Otoe, voting nay. The bill was re-
ported to the house the next day; but
on the 29th that body recommended
the passage of its own bill, house
roll number 3, substitute, and the
council bill was dropped. On the
14th of December there was a heated
debate on its own bill in the council.
Section 8 of the bill provided that
any white male person who had been
in the territory, county, and precinct
twenty days should be a qualified
voter. Mills S. Reeves, democrat, of
Otoe county, moved to strike out the
twenty days restriction, holding that
mere residence wa^ evidence of suf-
ficient interest to justify permission
to vote upon this question of general
policy. George W. Doane, of Doug-
las, favored a requirement of twenty

days residence in the territory, but
not including county or precinct. He
wanted to make the rule as liberal
as seemed practicable because, if they
were going to apply for admission, it
was desirable to show as large a vote
as possible. Dundy and Taylor taunt-
ed the democrats who favored the
open rule about the alleged illegal
voting that had been permitted under
the democratic territorial govern-
ment, but the Reeves amendment
was adopted. (The Nebraska Re-
publican, December 21, 1859.) Dr.
George L. Miller said we are too
young to ask for admission; that
congress had adopted the principle
of the "English bill," which declares
that no more territories ought to be
admitted until their population has
reached the ratio required for a rep-
resentative, which was right. But
if we should apply at once we could
claim right to admission under the
existing ratio, which would be raised
to one hundred and fifty thousand
and keep us out indefinitely.

Governor Samuel W. Black made
the same mistake as the committees
on state organization afterward made
in declaring, in his message, that "a
very large majority of the people are
evidently in favor of the movement
. . ." He thought that the popula-
tion of the territory fell short of the
ratio for a member of congress, — 9 3,-
423 — but made a prolix argument,
with much citation of precedent, for
disregarding that incident.

ENABLING

ACT OF 1S64

After the set-back of 1860, the
statehood question slumbered for
two years. By this time the repub-
lican party was firmly in the saddle
in the territory, so that it m^'ght con-
fidently count on becoming the bene-
ficiary of the increase of official per-
quisites which would accompany Lid-
mission; and the addition of *.wo re-
publican, senators and a voiing mem-
ber of the house of repres-^ntai ivos
was coveted by the national, pariw
The revival of the movement for ad-
mission was therefore largely a i)arty
measure. Accordingly, on the 2 2d
of December, 1862, Ashley oL' Ohio,
introduced an admission bill (II. R.
628) into the house of repiesenta-
tives; but when, on the 12th of Feb-
ruary, ] 863, he asked that a day be
set aside for the consideration of the
bill, the noted Vallandigham, of the
same state, interposed objection
which blocked further consideration
of the measure during that session,
Bills for the admission of Colorado
f^nd Nevadia> were also victims of
Vallandigham's objection. It is both
Interesting and significant to note
that Ashley was a political friend
of Turner M. Marquett, who came
from Ohio to Nebraska, and whose
tambition for a seat in congress

was gratified on the admission of
the territory, though the term was
only for two days; and that Vallan-
digham was a friend and admirer of
J. Sterling Morton, who was now op-
posed to admission. On the 12th
of February Lane, of Kansas, intro-
duced an admission bill into the sen-
ate (s. no. 522), but his strenuous
efforts to have it considered on the
3d of March, the last day of the ses-
sion, were defeated by the opposi-
tion of Grimes, of Iowa, and — ap-
parently on account of the pressure
of routine business — by Wade, of
Ohio. Senator Grimes, especially,
seemed hostile to the measure.
Senator Wilkinson pleaded that
the reading of the bill might be
dispensed with, "because it is pre-
cisely in the same form as the bills
which have passed the senate tonight
for the admission of Colorado and
Nevada;" but Grimes said: "I pre-
fer hearing the bill read." And
then, according to the minutes, "the
secretary proceeded to read the bill;
but was interrupted by a message of
the house of representatives. "-iJ
Early in the session of the next —
3 8th — congress, Ashley again intro-
duced an enabling bill (house roll
number 14 1^) for Nebraska. On the

42. Cong. Globe, 3d sess. 37th coDgrcss, pt.
1, p. 106; ibid., pt. 2, p. 914.

43. Ibid., pt. 1, p. 905; pt. 2, p. 1525.

ENABLING ACT OF 1864

477

17th of March, 1864, Samuel S. Cox,
of Ohio, a noted democratic leader,
moved the following amendment to
the bill:

Provided, That the said territory
shall not be admitted as a state until
congress shall be satisfied by a census
taken under authority of law that the
population of said territory shall be
equal to that required as the ratio
for one member of congress under
the present apportionment.

The amendment was rejected, —
ay^es 43, nays 72. All of those voting
aye were democrats, and all voting
no, except Joseph Baily, democrat,
of Newport, Pennsylvania, were re-
publicans. The bill was then rushed
through under the previous question
and without a roll call, no record of
the vote thereon being given, and
President Abraham Lincoln appioved
it on the 19th of April.

Benjamin F. Wade, chairman of
the committee on territories, and the
most aggressive republican partisan
in the senate, had charge of the bill
In that house when it was passed,
without roll call, on the 12th of
April, after a brief debate, in which,
besides Wade, James Harlan, of
Iowa, Lyman Trumbull, of Illinois,
and La Fayette S. Foster, of Con-
necticut, all republicans, took part.
Mr. Harlan said:

"There is an unusual provision
in the twelfth section of the bill to
which I desire to call attention. It is
as follows:

* That five per cent of the proceeds
of the sales of all public lands lying
J^^ithin said state, which have been
or shall be sold by the United States
prior or subsequent to the admission

of said state into the Union, after
deducting all the expenses incident
to the same, shall be paid to the said
state for the support of common
schools.

"It is not usual to grant the five
per cent on the sale of lands preced-
ing the admission of the state. I
call the attention of the chairman of
the committee and the senate to it.
The usual provision is to give five
per cent of the proceeds of the sales
of all public lands after the admis-
sion of the state."

Mr. Wade made this unconvincing
reply:

This provision was in the bill as it
came to us from the house of repre-
sentatives, and as those sales do not
amount to much anyhow, we thought
we might be generous to this state,
and that it was not of sufficient im-
portance to strike it out and make
an amendment. There has not been
a vast deal of land sold there; but
the gentleman knows more than I do
about the quantity. I suppose it will
be somewhat expensive to erect a
state government there, and I should
be willing to extend this privilege to
them, though I am not strenuous
about it. If the senate think it would
be generous now to strike it out, they
can do so. I prefer the bill as it is,
but I shall not resist such an amend-
ment.

Mr, Trumbull wanted to know
what the population of the territory
was by the last census. He thougnt
there were "some twenty or thirty
thousand people there," and then
added: "If congress think proper to
admit every twenty or thirty thou-
sand people they can find anywhere
as a state, they will multiply states
very rapidly. The number of in-
habitants necessary to send a repre-

478 NEBKASKA CONSTITUTIONAL CONVENTIONS

sentative to tlie congress of the
United States in the old states is
about one hundred and twenty-
five thousand, I think." Here
Senator Garrett Davis, of Ken-
tucky, interjected the information
that the number was one hundred
and twenty-seven thousand.

Mr. Foster inquired whether this
small population of twenty-five thou-
sand had asked to be admitted as a
state; and he thought it very strange
if they had. "If twenty-five thou-
sand people in that far-off region are
desirous of paying the expenses and
bearing the burden of a state govern-
ment it seems to me wonderful. I
should like very much to know how
many of the population of that terri-
tory have asked to be made a state.
For one, I should not wish to impose
upon them the burdens of a state
government without their asking for
it. It will make taxation very heavy
to sustain a state government there."
And then he probed into the kernel
of the scheme: "Some half dozen
influential and ambitious men who
aspire to be senators and members
of the house of representatives and
district judges may very easily get
up an apparent desire in the popula-
tion of a territory to be made into a
state. But how far, outside of the
men who aspire to these offices, does
this desire extend? How far does it
extend among the mass of the peo-
ple? Who is it living in a territory
that would not prefer to have it con-
tinue a territory until it had assumed
the size and proportions of a state
than to have it prematurely made

into a state? Who, except the men
who expect to hold these important
oflices?" The senator insisted that
though the population seemed to him
altogether too small to be made into
a state, yet, if the people of the ter-
ritory desired admission, he would
not oppose it, though he should want,
first, to be satisfied beyond a per-
adventure that the great majority of
the people themselves desired the
change.

Wade answered the main objection
by confession and avoidance. "I be-
lieve this territory has as many in-
habitants as the other territories I'lat
we have arlready authorized to form
a state government." He was, sin-
gularly, unaware that the enabling
act had been asked for through a
memorial by the territorial legisla-
ture, and, in reply to Foster's doubts
that the people wanted state govern-
ment, he could only say that "they
have a delegate in the other house,
who, I suppose, fairly represents
their will and their wishes. He was
there advising the passage of this
bill." Senator Foster again pressed
his objection that there was no evi-
dence that the people of the territory
wanted state government and that
therefore it was, apparently, being
pressed upon them. "It seems to me
ofllcious, to say the least, for us to
pass a bill inviting them to come to-
gether and express their views on
this question. "-1^

44. The record of the proooodings on tho
bill in tlio house of reproseutMtivos appears on
page 1W7 of the Conprcssional (^lobc, 1st ses-
sion .mil congress, pt. 2. For pronvdiiiga
in tho senate, seo tho same volume, pp. 1310,
li5C6. 1G07.

THE CONVENTION OF 1864

Governor Alvin Saunders rather
mildly presented the familiar argu-
ments for a state government in his
message to the ninth general assem-
bly, on the 8th of January, 1864;
but he added the suggestion that if
Colorado and Nevada, which had
asked for state governments, should
be admitted and Nebraska left out,
"the question would naturally arise
in the minds of persons contemplat-
ing emigration to any one of the ter-
ritories named, why was not N'er
braska admitted also?" On the 13th
of January, A. H. Jackson, of Da-
kota county, but editor of The Oma-
ha Nebraskian^ a democratic news-
paper, introduced council bill num-
ber 13, "a joint resolution and mem-
orial to congress, praying for an act
enabling Nebraska Territory to be-
come a state," which was read a sec-
ond time under suspension of the
rules and referred to the committee
on federal relations, — David Butler,
of Pawnee county, William A. Little,
of Douglas county, Turner M. Mar-
quett, of Cass county. The commit-
tee reported back a substitute the
next day which was passed without
roll call. It was a curious coinci-
dence that Butler was elected the
first governor^ of the state. Little the
first chief justice of the supreme
court, and Marquett the first mem-

ber of the federal house of repre-
sentatives. Little was the only
democrat chosen at the first election
for prospective state officers, but he
died before assuming the office, and
Oliver P. Mason, his republican op-
ponent, was appointed to fill the va-
cancy thus created. The committee's
pro-state seed did not fall in stony
places, but brought forth fruit pre-
cisely a hundred fold.

On the 1.6th the bill passed the
house by a vote of twenty-four to
eleven. Only eight of the twenty-
four ayes were from the North
Platte, and nine of the eleven nays
were from that dissenting section.

The enabling act authorizea the
governor of the territory to order an
election on the 6th of June of mem-
bers of a convention, which should
assemble on the 4th of July to frame
a constitution, the number of mem-
bers of the convention to be "the
same as now constitute both brancnes
of the legislature" — fifty-two. Ac-
cordingly, on the 2nd of May, Gover-
nor Saunders issued a proclamation
ordering the election.

The question of adopting state or-
ganization was not specifically sub-
mitted at the election, as it was in
1860, and the canvass turned on the
election of members of the conven-
tion who were pledged to adjourn-

480 NEBRASKA CONSTITUTIONAL CONVENTIONS

ment without forming a constitution,
or the contrary. The aivision was
generally along regular party lines,
the republicans, then rather thinly
disguised under the name "union
party," contending for state organiza-
tion and the democrats against. The
anti-state party succeeded, at the
outset, in putting their opponents on
the defensive, and easily kept them
in that attitude. The acrimony of
the discussion of the issue was fully
up to the standard of political de-
bates of that period. I'he prema-
turity of the proposed change, pred-
icated chiefly upon the inability of
the people to sustain the increased
cost of state government, was the
main objection urged against it, and
this potent appeal was artfully aided
by the charge that covetousness of
the tempting official perquisites of
statehood was the main motive of
the pro-state leaders. The Douglas
county democratic convention, held
May 2 8th, adopted the following res-
olutions which were presented by
Andrew J. Poppleton:

Whereas, the pro-state party in
this county, backed by official pat-
ronage, and stimulated by unscrupu-
lous, greedy seekers after office, are
using every endeavor, by false rep-
resentations, &c., to secure the elec-
tion of their ticket and thus aid in
saddling u-pon the five thousand tax-
payers of this territory (scarcely
enough to make a respectable coun-
ty), scattered over an area of 113,000
square miles, the burden of support-
ing a state government, therefore,

Resolved, That mass meetings be
held in every precinct of this county
prior to the day of election of dele-
gates to the constitutional convention
for the purpose of bringing the issue
fairly before the people, and that a
committee be appointed by this con-

vention whose duty it shall be to
provide speakers for the occasions,
and to give due notice of the times
of meeting.

Andrew J. Poppleton, Charles H.
Brown, and Clinton Briggs were ap-
pointed as such committee.

Resolved, That the delegates to the
constitutional convention, just nomi-
nated, be instructed to oppose the
formation of a state constitution and
government, and to favor and make
the utmost effort to procure an ad-
journment sine die, immediately on
the assembling of the convention and
without any action towards the for-
mation of a state constitution.

"Three times three hearty good
cheers were given for the anti-state
ticket" at the close of the conven-
tion. (The Omaha Nebraskian, June
3, 1864.)

The Nebraskian of June 17 resents
the pretension of the Nebraska Citj''
News that it deserved the entire cred-
it of defeating state organization;
and in support of its dissent the Oma-
ha organ alleges that the first anti-
state meeting was held by the demo-
crats of Douglas county on the 7th
of May, at which James M. Wool-
worth, James G. Megeath, Origen D.
Richardson, Andrew J. Poppleton and
S. J. Goodrich reported a resolution
requesting the democratic central
committee, which had been called to
meet at Plattsmouth on the 12th, to
advise democrats to support only
such candidates for membership in
the convention as would be pledged
to adjourn without proceeding to
business, and that the central com-
mittee acted accordingly. The No-

CONVENTION 0¥ 1864

481

braskian declared, further, tliat
"there was not one istate man elected
in our beat, north of the Platte. How
is it in yours, Mr. News? You have
a few state delegates in your diggins
have you not?" On the 10th of June
the Nebraskian said that "the entire
North Platte are with us;" and that
Sarpy, Cass, and Otoe were largely
anti-state. In the same paper it ap-
pears that the vote for democratic
delegates to the convention was as
follows: "William A. Little, 36 6;
Charles PI. Brown, 365; John A. Hall,
365; Alfred H. Jackson, 366; Ferdi-
nand Bunn, 366; John Patrick, 337.
The union, or pro-state delegates had
scanty support: John H. Kellom, 68;
Experience Estabrook, 47; Alex Mc-
Ausland, 48; Louis A. Walker, 47;
O. P. Hurford, 46; Joel T. Griffin,
63; S. C. Brewster, 4 7.

The Nebraskian of June 3d con-
tends that though the United States
pays two-thirds of the expense of the
territorial government the territory
can't pay the rest and is now in debt
for it over fifty-four thousand dollars.
How, then, could it support state
government? Bankruptcy would be
inevitable under ii. On the other
tiand, The Nebraska Republican — of
the same date — argues that the cost
of state government, consisting of the
expense of the legislature and sal-
aries of officers now paid by the fed-
sral government, would be only $12,-
180, and it exclaims: "Let it be re-
naembered that the general govern-
ment has generously proposed to de-
fray the expenses of our constitu-
tional convention . . ." It appears
in the same paper that at a "union"
ihass meeting for Douglas county.

held at Omaha, May 21st, for the pur-
pose of choosing delegates to the ter-
ritorial convention to be held at
Plattsmouth, General Experience
Estabrook spoke in favor of state or-
ganization, and "his remarks were
forcible and pertinent, and were re-
ceived with general applause."

The expectant politicians neglected
no plausible argument for state or-
ganization. In the light of our pres-
ent knowledge there is irony in the
Republican's faith in the salt bar.i?!
as a source of state revenue. "The
salt springs of Nebraska, which will
come into possession of the new
state, would if properly managed,
yield a revenue to the state treasury
more than sufficient to meet all the
increased expenditures incident to a
state government." Subsequent ex-
periments with the salt springs cost
private citizens and the state itself
large sums of money, and they yield-
ed great disappointment and a merely
nominal revenue. This prolific issue
of the Republican, forgetful of the
adage that consistency is the stum-
bling block of fools, appealed to it to
rebuke a man eminently resourceful
in expedients. "Sterling Morton &
Co., who were a few years ago
clamorous for state organization now
oppose it, because they fear that Ne-
braska may aid in the adoption of the
slavery prohibition amendment to the
federal constitution. How many re-
publicans and union democrats will
aid them to uphold the 'divine insti-
tution' we shall see."

The Nebraskian (June 24, 1864),
in an incisive anti-state summing-up,
throws light on the partisan side of
the question.

482 NEBRASKA CONSTITUTIONAL CONVENTIONS

The plan was laid at Washington
by Abe, [Lincoln] Seward & Co., and
the details and execution of the plan
were left to Sam Daily, Webster,
[Edward D.] and others there and
the officials of a lower grade at
home. The first step was to pass the
enabling act. That feat was done
with great unanimity. Abe took
snuff and all the clan at Washington
sneezed, and as soon as the news came
here all the dogs of low degree,
'Tray, Blanch and Sweetheart,' all
sneezed. In the county of Douglas
forty-six sneezed, un the hypothesis
that the people were nobody, they
were not consulted nor their rights
and interests at all regarded. The
law was passed — did Daily do his
duty? Did he faithfully represent
the people of Nebraska on the floor
of congress when the bill was on its
transit? Did he like an honest man
present the memorial asking congress
to give us the privilege of voting yea
or nay on the question of having a
state government? Not a bit of it.
On the contrary he basely betrayed
his trust and like an unprinciplea
and faithless demagogue as h^ is, he
suppressed the memorial and lisped
not a word in favor of submitting
the question referred to the people.

So~ the law was passed. It
was the first act in the drama. In
due time it made its appearance here
and the second act, the making of the
constitution was to be accomplisl:ed,
and here the people paused. They
were now for the first time noriced.
They ' with loud acclaim' condemned
the entire plan. An overvhelrr-ing
majority instructed their delegates
to vote an immediate adjournment
sine die without further action. And
now what? This loud, this "deep
damnation" by the popular voice is to
be ignored and we are to oe cheated,
swindled into a state after all! And
this fraud is to be effected by the
shallow quibble that the law binds
the convention to make a constitu-
tion. No doubt that was intended by
the wire-pullers and political jugglers
at Washington. But how foolish to

suppose they have succeeded. Tne
act enables the people of Nebraska
through a convention to form a con-
stitution. It does not say they shall
do it, but may. They have said they
will do no such thing. Congress, the
present one, has in its folly and
fanaticism done many silly, absurd,
wicked and unconstitutiou-i acts —
and under this despotic administra-
tion the attempt has been riade in
some instances to coerce tiie political
action of the people. We would have
no objection to see the experiment
tried here if such be the design of
the wire-pullers. If they suppose
they can force the intelligent and
plucky voters of Iv'ebraska to make a
constitution against their better judg-
ment, we say let them try it.

Brothers of the convention, pay
no regard to the wishes or croakings
of the cohorts of power. Be not
moved from your purpose of adjourn-
ment sine die on the first day of the
session, as you stand solemnly
pledged to do, and you may assure
yourselves that your action will be-
approved by nine-tenths of your fel-
low citizens.

The territorial convention of the
union party, held May 26th, inex-
plicably dodged the issue which the
party leaders sought to make para-
mount, while the democratic con-
vention, held on the 2 2d of June,
exulted in the rebuke of the
"iniquity" with painful prolixity:

"Resolved, That we congratulate
the democracy of Nebraska upon the
result of the recent election of mem-
bers of the constitutional convention
by which an overwhelming majority
stand pledged to adjourn, sine die, on
the first day of the session, without
proceeding to business. The people
are thus saved the expenses of a ses-
sion of the convention which would
have added at least ."t;2r),00u to our
public debt. An election has been

THE CONVENTION OF 1864

483

forestalled at which the money of the
administration, poured out like wa-
ter, would have been employed upon
the corruptible; a state government
has been declined whose sole benefit
of multiplying offices and faciltating
public plunder would be dearly pur-
chased by ruinous taxation which
would have eaten out the subsistence
of our people, and drafts for the
army which would have consumed
our population.

"An inquity has been emphatically
rebuked which would have consti-
tuted 80,000 people the sovereign
equals of New York or Ohio or Illi-
nois, in order that three electoral
votes might be added to the pur-
chase by which a corrupt adminis-
tration i«? seeking to perpetuate its
power; and while we yield all com-
mendation to the independent and
truly patriotic members of the re-
publican and other parties, who lent
us their aid to thwart these purposes
of unqualified infamy, it must be re-
membered that the plan by which
these ine^stimable bene;fits are as-
sured to us was conceived, carried
forward, and accomplished by the
democracy of Nebraska.

"That we have heard with astonish-
ment that certain federal officehold-
ers in this territory propose, in utter
disregard to the popular sentiment
expressed with great unanimity at
the late election, to persist in their
scheme of forcing the burden of a
state government upon this people by
cunningly devised oaths, to be ad-
ministered to the members of that
convention, and by an organization of
the minority of that body, notwith-
standing its adjournment by the ma-
jority, and that such a project, and
the first suggestion of such a project,
by repudiated and debauched poli-
ticians, deserves, and will receive the
opprobrium, and its authors will meet
the fate of revolutionary fanatics,
faithless to public duty and defeated
in treasonable measures." (The
Omaha Nebraskian, July 1, 1864.)

The committee which presented the
resolutions consisted of J. Sterling
Morton, chairman, James M. Wool-
worth, John Finney, William H.
Spratlin, Dr. George B. Graff.

But this invective is quite incon-
sister.t with the admonition of the
principal pro-state organ.

"Indeed, there is no occasion for
the delegates to meet together at the
capital at all. If it is clear that
there is a majority elected, who will
oppose the making of a constitution,
why not remain at home and let the
whole thing go by default. Such a
course will save the members the
am.ount of their traveling expenses,
and no time will be lost. If no
quorum appear, the matter is settled,
and the enabling act goes for naught.
Wp therefore suggest, in all good
faith, that the members agre-^ among
themselves that they will remain at
home. All expense can thus be
saved. Why spend two thousand dol-
lars in coming to the capital to ad-
journ? If the members have to di-
vide the expense among themselves,
it will work unnecessary hardship. If
they should decide to saddle it upon
the taxpayers of Nebraska, for whom
they have recently evinced such
'tender emotions,' it would be cruel,
arid besides it would have an ugly
look. There isn't the slightest show
that Uncle Sam will 'foot the bill.'
The only safe course, therefore, is to
stay at home." (The Nebraska Re-
publican, June 10, 1864.)

This advice, though prudent, was
disingenuous if not contradictory:
for it turned out that the paternal
federal government recognized this
expenditure as a just liability — per-
haps because, as we have seen, its
own representatives had prompted its
incurrence. The Republican, of
July 15th, contains a letter from Sam-
uel Maxwell to Algernon S. Paddock,

484 NEBEASKA CONSTITUTIONAL CONVENTIONS

secretary of the territory, authorizing
him to donate the mileage and per
diem due the writer of the letter as
a delegate to the convention, to the
United States Sanitary Commission,
and a reply from Paddock, in appro-
priately "patriotic" phrase, informed
the devotee delegate that the sum of
ten dollars and fifty cents had been
sent to relieve the needs and suffer-
ings of the soldiers. Those of us
whose memories run back to that war
period, trying in so many aspects and
to so many phases of conscience and
character, smile, charitably, at the
not quite Christlike ostentatious ex-
hibits, such as these, of solicitude
for the welfare of the soldiers at the
front by the stay-at-home patriot
politicians.

The protest of democratic members
of the first or provisional state legis-
lature, of which James M. Woolworth
was the putative author, against the
counting in of the republican candi-
dates at the provisional state election,
gives further information about this
final struggle.

"On the 19th of April, 1 864, con-
gress passei an act authorizing the
people of Nebraska to form a state
government. The act provided for
an election, in May, of members of a
convention which should assemble on
the fourth of July, and frame a con-
stitution. This instrument was to l;e
presented to the people, for their
adoption or rejection, in October.
The act did not provide for taking the
sense of the people upon the funda-
mental question, whether or not they
would become a state. Tint they
asked it and answered it, and in this
way: In the election foi members
of the convention, party lines were
not drawn. On one side, candidates
favorable to state organization were
nominated; on the other, candidates

who were pledged to vote for an ad-
journment, sine die, as soon as the
convention was organized and before
it proceeded to business. The result
was, . two-thirds of the members
elected were favorable to adjourn-
ing, and they were elected by very
large majorit.es. For instance, in
Douglas, one of the most populous
and wealthy counties in the territory,
but forty-five votes were cast for
state organization. No record of the
election was preserved, but we be-
lieve the majority was proportion-
ately as large elsewhere as in that
county. Accordingly, when the con-
vention assembled on the fourth of
July, 1864, it organized by the elec-
tion of its officers and immediately
thereupon adjourned, sine die.

"This emphatic expression of pop-
ular will, as was generally isupposed,
laid state organizat on at rest. At
the general election in October, 1865,.
it was not even suggested. In its.
platform, adopted at a territorial
convention for nominating candi-
dates for auditor and treasurer, the
republican party did not mention
the subject. The democrats, in a.
very emphatic resolution, declared
against any movement which did not
provide for taking the popular voie
on that subject, divested of all other
issues, and before any step was taken
towards framing a constitution. Had
it been supposed possible that the
territorial legislature would draft a
constitution, many men who succeed-
ed in obtaining an election would
have failed to receive so much as a
nomination. For instance, in the del-
egation from Otoe county were O. P.
Mason and J. Bennet of the coun-
cil, and J. H. Maxon of the house.
These gentlemen, after the legisla-
ture assembled, showed themselves
to be very ardent friends of the
scheme for that body malnng a state
of Nebraska. And yet their county
rejected their constitution by a ma-
jority of over four luindred votes. So,,
too, the Cass delegation supported
the measure, and their county gave a.

CONVENTION OF 1864

485

majority of three hundred and twen-
ty-five against it. Not one of them
could have been elected if they had
been known to favor state organiza-
tion.

."But after the election the plan
was developed. It was proposed now,
for the first time, that the legislature
should resolve itself into a conven-
tion, draft a constitution, and or-
ganize a statQ government. Oon-
scious that such action was an ex-
ercise of powers confided to that body
neither by the law nor by the peo-
ple, the attempt was made to obtain
petitions, numerously signed, pray-
ing the two houses to perform this
extra service. These petitions were
in large numbers sent out of the
'executive office,' into all parts of the
territory, accompanied by letters
urging the parties receiving them to
circulate them generally in then
neighborhood, obtain signatures and
return them. The measure was
prosecuted with great energy. Nearly
every citizen in the territory was
solicited to sign one of these peti-
tions. With all these efforts only
about six hundred names were ob- 1
tained. The attempt to give the |
scheme the appearance of a popular
movement was confessedly abortive,
so that the. petitions were never
made an apology for tne action of the
legislature.

"At the opening of the session, a
decided majority of the members of
the house were opposed to the meas-
ure. Among the republicans, many
were determined in their opposition.
All the federal offic'als, Governor
Saunders, Chief Justice Kellogg, Sec-
retary Paddock, Indian Superintend-
ent Taylor, and others, made a party
question of it. It was given out that
no man who opposed it could expect
or should receive recognition in the
party. Meeting after meeting wab
held and the matter urged by all the
eloquence and sophistry possible,
while private conversations \. t^re
converted into . private appeals and
private bargains. On6 by one was

won over — promises of office ajid of
contracts and yet more tangible in-
fluences doing the work. Chief
Justice Kellogg, Secretary Paddock,
Mr. Miason and two or three others
now set themselves to draft the con-
stitution which this legislature should
adopt. In the calm and undisturbed
retirement of private rooms, and un-
der the protection, from interru;.-
tion, of locks and keys, these gentle-
men pursued their work. They pro-
duced an instrument suited to their
purposes, which the legislature was
to adopt at their discretion. Its chief
merit was that it provided a cheap
government. According to their
estimates, its annual expenses would
not exceed over twelve thousand dol-
lars. Not a single state officer, ex-
cept the judges, was to receive as
much as a hod carrier's earnings.
The people, it was insisted, were able
to support a state government, oat
were not willing to pay their officers
respectable solaiers' pay for their
services. A respectable state govern-
ment would, they argued, frighten
the people, and they would reject the
constitution. A cheap government
of cheap men answered the purpose
designed, inasmuch as the senators
in congress are paid by the United
States.

"On the fourth day of February,
186 6, their constitution was intro-
duced into the council, accompanied
by a joint resolution in these words:

"Resolved, By the council and
house of representatives of the terri-
tory of Nebraska, That the foregoing
constitution be submitted to the
qualified electors of the territory, for
their adoption or rejection, at an elec-
tion hereby authorized to be held at
the time and in the manner specified
in the seventh (7th) section of the
schedule of said constitution, and that
the returns and canvass of the votes
cast at said election be made as in
said section prescribed.

"The constitution was not . printed
for the use of either house. NO'

486 NEBEASKA CONSTITUTIONAL CONTENTIONS

amendment was permitted to one of
its provisions. A strenuous effort
was made to obtain an amendment
separating the election upon the
adoption or rejection of thic instru-
ment from that for state oflScers;
but the decisive answer was, candi-
dates for office under the state or-
ganization will support the constitu-
tion. The effort therefore failed.''

Forty-three delegates appeared at
the convention. Whether or not nine
others, making the full complement,
were elected does not appear from
the newspapers, the only known
source of information. At any rate,
the advice of the Republican to the
delegates to stay at home was not
much heeded. The annals of the
convention are short and simple. It
met at the capitol, and was called to
order by John Patrick, of Omaha.
The committee on credentials con-
sisted of Alfred M. Jackson, of Doug-
las county; Cornelius O'Connor, of
Dakota; Charles F. Walther, of Rich-
ardson; Jefferson B. Weston, of Gage.
Sterling P. Majors (father of Thomas
J. Majors), of Nemaha, was tempor-
ary president, and Edwin A. Allen, of
Washington, temporary secretary. On
the informal ballot for permanent
president, John Patrick received
twenty votes; Sterling P. Majors, ten;
John W. Cha])man, nine; John Fin-
ney, one. Majors was elected on the
first formal ballot, receiving twenty-
three votes against twenty cast for
Patrick. Algernon S. Paddock, sec-
retary of the territory, administered
the oath of office to the members. Im-
mediately after organization was
completed Jackson, of Douglas, of-
fered the following resolution:

"Resolved that this convention ad-
journ, sine die, without forming a
constitutjon."

Thirty-seven votes were cast for
the resolution and seven against it,
whereupon the convention adjourned.
Following are the names of the dele-
gates:

Richardson county, Charles F.
Walther, James Holcomb, James W.
Leverett, Eugene H. Johnson, Oliver
P. Bayne; Pawnee, Charles W. Gid-
dings; Pawnee, Gage, Johnson, Clay
and Jones, Jefferson B. Weston, Dr.
Herman M. Reynolds; Nemaha,
Daniel C. Sanders, Charles G. Dorsey,
Rev. William S. rLorn, Sterling P.
Majors; Otoe, Frederick Beyschlag,
William McLennan, Dr. Fred^l-ick
Renner, Lewis D. Laune, Robert
Campbell, T. James Fitchie, James
Sweet; Cass, John W. Chapman,
Samuel Maxwell, Lawson Sheldon,
Robert D. Hoback, Dr. Henry Brad-
ford; Sarpy, John Q. Goss; Sarpy and
Dodge, John Finney; Douglas, Wil-
liam A. Little, John Patrick, Alfred
H. Jackson, Frederick Drexel, Fred-
erick Bunn, Charles ±i. -Brown, John
A. Hall; Platte, Guy C. Barnum;
Platte, Hall, Buffalo and Merrick,
Isaac Albertson; Washington, Abra-
ham Castetter, Elias H. Clark; Wash-
ington, Burt, and Cuming, William
Kline; Dakota, Dr. George B_^ Graff;
Dakota, Cedar, D.xon and L'ii,au Qui
Court, Cornelius O'Connor, Leander
Davis; Dixon, Cedar and L'Eau Qui
Court, Walter C. Hey den; Platte,
Monroe, Merrick, Hall, Buffalo,
Kearney, Jason Parker.

The nine lacking members were
due from the following districts:
Johnson county, 1 ; Lancaster, 1 ;
Clay, Lancaster, Seward, and Saun-
ders, 1 ; Saline, Butler, Lincoln, and
Kearney, 1; Sarpy. 1; Dodge, 1; Burt
and Cuming, 1; Cass, Lancaster, Sa-
line and Seward, 1; Nemaha, 1.

The boundary of L'Eau Qui Court
county was first defined by' act of the
legislature, Febraury 10. 1857. The

THE CONVENTION OF 1864

487

name of the county was changed to
Knox by the act of February 21,
1873, effective April 1. The original
north, east, and south boundaries
have been retained to the present
time. The original west boundary
was formed by the Verdegris and Nio-
brara rivers. The original east
boundary was "a line drawn due
south from a point in the main chan-
nel of the Missouri river ten miles
westward, by the river, from a point
in Nebraska opposite the mouth of
the James river,"

By the act of January 13, 1860,
this boundary was defined as the west
boundary of Cedar county — the line
between range 1 and range 2, west of
the sixth principal meridian — wh.'ch
was the same, or approximately the
same as the first boundary; and the
line between range 8 and range 9,
west, was made the west boundary.
But, according to this act as it was
incorporated in the General Statutes
of 1873, (p. 218) the west boundary
ran southward from the M,issouri
river, along the main channel of the
Niobrara river, to a point where the
dividing line between range 8 and |

range 9, west, intersected the same.
This left out the projection of the old
Ponca reservation between the Nio-
brara and Missouri rivers, which was
apparently overlooked by the act of
1860. By the act of April 24, 1883,
the Indian title having been relin-
quished in the meantime, the western
boundary of 1860 — the line between
ranges 8 and 9 — was restored.

Monroe county was created by the
act of January 26, 1856. Its east
boundary was in line with the present
east boundary of Polk county; its
south boundary, the fourth standard
parallel, its southeast corner touch-
ing the Platte river; its west and
north boundaries were identical with
the present corresponding boundaries
of Platte county. With the exception
of the part — township 17 and a frac-
tion of township 18, range 4, west —
included in the Pawnee reservatior,
which was set oil' on the 24th of Sep-
tember, 1857, it was annexed to
Platte county by the act of January
6, 1860; and it constitutes all of
Platte county except the irregular
tract between the fourth standard
I parallel and the Platte river.

CONSTITUTION OF 1866

Notwithstanding the rude vepLiise
of 1864, Governor Saunders con-
tinued rather timidly to coy with and
coddle the elusive object of ambitiou^^
political desire in his message tu the
legislative assembly of 1 865; and he
worked into this wooing an a]t"ra^stic
patriotic plea that the people of ihe
territory ought to relievo tlio mother
government from her great financial
burden, due to the war, to the extent
of establishing a self-supporting state
government:

During your last session a joint
resolution was passed, asking con-
gress to pass an act to enable the
people of Nebraska to form a coastl-
tution preparatory to an early ad-
mission into the Union as one of the
independent states. Congress passed
the act, but it was done near the
close of the session, and there was
scarcely time enough allowed, be-
tween the date of the reception of
the bill in the territory and the elec-
tion of the members of the conven-
tion, for the people to learn of its
passage — certainly not enough to
enable them to consider, thoroughly
and dispassionately, the principles of
the bill or the terms on which it was
I)roposed to admit the territory into
the family of states. Under these cir-
cumstances, a large majority of the
people decided that the members of
the convention should adjourn with-
out forming or submitting any con-
stitution v/hatever. This decision of
the people, under the circumstances,
was just what might have been an-

ticipated. It, however, is no proof
that when convinced that liberal
terms are proposed by the general
government they would not readily
consent to take their place m ^Iie
great family of states. One of tne
great and leading objects of forming
territorial governments is to take the
first step towards making a state.
This is doubtless the object and aim
of all territories.

The strongest argument used
against the- admission into the union,
by those who opposed it, is perhaps
the last one that should be resorted
to by the friends of our government.
I allude to the argument that we
ought not to tax ourselves for any-
thing which the general government
is willing, or is bound to pay. In
other words, that, so long as the gen-
eral government is willing to pay the
expenses of the territory, so long ihe
people should refuse to change their
form of government. All parties are,
I presume, ready to admit that our
government has quite as much as it
can well do to maintain itself against
its wickea enemies who are trying
to overthrow it; and it seems to me
that all loyal and union-loving peo-
ple would be willing to assist In
bearing their proper burdens; at
least, that they should not longer
insist on drawing from the general
government that which we might
provide for ourselves. Your own
knowledge of the wishes of the peo-
ple— being fresh from their midst —
will enable you to decide whether or
not the people would desire any
further action at present on this sub-
ject. I shall therefore leave the

CONSTITUTION OF 1866

489

whole subject with you, believing that
you will decide the matter in accord-
ance with their wishes. (House
Journal 1865, p. 18.)

These renewed but timid advances
were not reciprocated, and no meas-
ure for reviving the issue was intro-
duced into either house. By the next
year, however, the statehood desire
had revived in republican, and found
lodgment in some democratic breasts.

On the 5th of February, John R.
Porter, of Douglas county, introduced
council file number 22, "a joint res-
olution submitting a constitution for
a state government to the people for
their approval or rejection," the elec-
tion to be held on the second day of
June, 1866, and conducted in the
same manner as elections for terxi-
torial officers.

After the second reading the res-
olution was referred to a special com-
mittee consisting of John B. Bennet,
of Otoe county; John R. Porter, of
Douglas; John W. Chapman, of Cass;
and, on the same day, the committee
recommended the passage of the res-
olution. After some filibustering and
an attempt to amend the judiciary
article of the constitution, the reso-
lution was read a third time, under
suspension of the rules, and passed
by a vote of seven to six. Those vot-
ing aye were Bennet, of Otoe county;
Chapman, of Cass; Thomas L. Griffey,
of Dakota; Andrew S. Holladay, of
Nemaha; J. G. Miller, of Cass; Oliver
P. Mason, of Otoe; John R. Porter,
of Douglas. Those voting nay were
Isaac Albertson, of Platte; Edwin
^ A. Allen, of Washington; Corringtcn
Blanchard, of Sarpy; George Faulk-

ner, of Richardson; Benjamin E. B.
Kennedy, of Douglas; Jeremiah Mc-
Casland of Pawnee.

In the house there were unsucces'j-
ful attempts to obstruct the passage
of the resolution, but it was passed
on the 8th of February by a vote of
22 to 16. The assumption of state-
hood was again opposed on the
ground that the additional expense of
a state government was unnecessary
and would be oppressive. On the
other hand the section south of the
Platte favored state government on
the ground that under territorial
government the north of the Platte
section, and especially Omaha, be-
cause it contained the capital, was
able to procure undue governmental
favors, while, under a purely local
state government, the south Platte
section, having a preponderance of
the population, would come into con-
trol. And so, of the twenty-two af-
firmative votes, only seven were cast
by north Platte members while, of
the sixteen negative votes, nine were
by north Platte members.

On the 2 6th of January, Charles
H. Brown, a democratic leader, of
Douglas county, introduced into the
house the following fiery preamble
and resolution:

"Whereas, certain official poli-
ticians have assiduously sought,
through specious arguments, to create
a sentiment in favor of, and induce
the people to change their simple and
economical form of government,
A^hich heretofore has been and now
is a blessing, for one which will have
many new, useless and burdensome
offices, to be filled by persons ambi-
tious to occupy places of profit and
trust, even at the expense of the tax-

490 NEBRASKA CONSTITUTIONAL CONVENTIONS

payers, and which will in its organi-
zation and operation necessarily be
burdensome and ruinous to an ex-
tent which none can foresee, and con-
sequently involving a taxation which
will eat out the substance of the peo-
ple;

"And whereas, we believe that all
political power, and the right to re-
tain or lay aside forms of govern-
ment, reside in and naturally pertain
to the people, and that in all cases
where a radical change in form of
government and laws is intended to
be effected, involving personal rights
or great expenditure of treasure, the
same should be accomplished only
after the people have expressed their
desire for such a result, by choosing,
through the ballot box, their repre-
sentatives, with express reference
thereto;

"And whereas, the people of this
territory but a short timo ago, with
almost entire unanimity, expressed
their unqualified disapproval and
condemnation of any attempt to force
on them the grinding taxation inci-
dent to, and schemes of politicians
for, state government, and have not
since then, by ballot or otherwise,
expressed a wish for increased and
increasing burdens and taxation;

"And whereas, personal interest
and selfish considerations are strong
inducements and powerful incentives
for individual or combined action,
and certain politicians nave indus-
triously sought again to force state
government upon the people, and
compel them again, at great expense
and trouble, whether they wish or
not, to consider that question, and
through fraud and chicanery fasten
this incubus upon them;

"And whereas, his excellency, Al-
vin Saunders, the chief executive fed-
eral officer of this territory has, with
great consideration, after the rebuke
given but a brief jjeriod ago by the |
people to political schemers for state i
organization, again, by plausible |

arguments, thrust, in his annual mes-
sage at this session, this repudiated
question upon the legislative assembly
for its action, and has sought, in an
unusual manner, to force a constitu-
tion, no matter 'by whatever body
or by whomsoever made,' upon the
people of this territory, without giv-
ing them even the small privilege, to
say nothing of their absolute and
most unqualified right, to select
whomsoever they might see fit to com-
prise that body, through whose ac-
tions they might entrust so grave and
vital a question as making a consti-
tution;

"Therefore, be it resolved, as the
sense of this house, that it is unwise
to take any steps which will throw
this question upon the people with-
out their first having asked for its
submission to them."

On motion of Lorenzo Crounse,
then of Richardson county, consider-
ation of the resolution was postponed
until July 1st, 18 66, — beyond the
limits of the session. The vote on
the resolution was 20 to 14, nearly
a party division. (House Journal
1866, pp. 91-92.)

On the 9th of February a resolu-
tion offered by James A. Gilmore, of
Otoe county, that a committee of five
be appointed by the speaker, "to in-
vestigate charges of bribery and cor-
ruption which have been made in
relation to the passage of the joint
resolution submitting a constitution
to the people," was passed unani-
mously. This committee, at first,
comprised Joseph Arnold, of Cass
county; Lorenzo Crounse, Richard-
son; James A. Gilmore, Otoe; Joseph
W. Paddock, Douglas; James Thorn,
chairman, Otoe. On the 10th of Feb-
ruary Guy C. Barnum, of Platte, and

THE CONSTITUTION OF 1866

491

Charles H. Brown, of Douglas, were
substituted for Gilmore and Paddock,
who were excused from further serv-
ice.

On the 12th of February a majority
report and a minority report were
submitted, the first signed by Thorn,
Barnum and Brown, the second by
Crounse and Arnold. On motion of
Samuel Maxwell, of Cass, the mi-
nority report was adopted without
roll call.

The following account of the pro-
ceedings, by the Omaha Republican
(weekly) of February 16, 1866,
though colored by partisanship,
throws an interesting light on the
episode.

"Mi*. Thorn, from the select com-
mittee to investigate alleged bribery
and corruption in the passage of the
joint resolution submitting a consti-
tution to the people for ratification
or rejection, proposed to submit the
penciled notes of the testimony taken
by a majority of the committee as the
report of the majority. Mr, Lake ob-
jected, and desired that the major-
ity should, in accordance with the
purposes expressed in the resolution
of Mr. Gilmore, report some conclu-
sion arrived at by them from the tes-
timony, with a recommendation of
the committee for the action of the
house. He further contended that
the testimony had either inculpated
some person or persons, or that there
was no> sufficient foundation for the
investigation. All that he desired
was that the committee should dis-
charge its duty by reporting some-
• thing for the definite action of the
house, Mr. Brown, a member of the
committee, contended that the house
was bound to receive the voluminous
penciled, blurred, erased and inter-
lined notes of the testimony made
by the majority of the committee,

and have it spread upon the journals
as the report of the committee, and
that the house must draw their own
conclusions therefrom without any
further aid from the committee. That
for his part he was unwilling to say
that the testimony impeached the
character of any person, and that the
committee would not take the re-
sponsibility of preferring a charge.

"The testimony was recommitted
to the committee, on motion of Mr.
Lake, with instructions to report
some conclusion, if any, the commit-
tee had arrived at, or that there was
no sufficient testimony to justify
one.

"Mr. Thorn, from the select com-
mittee above noticed, presented again
the report of the majority with the
testimony. Mr. Crounse, from the
minority of the committee, presented
a report. The majority and
minority reports, and the testimony
acompanying them, was now read. Mr.
Maxon moved that the minority re-
port be adopted, and upon this motion
there was a protracted debate, in
which Mr. Lake, Crounse, Brown and
Barnum participated, Mr. Lake and
Crounse contending that the majority
of the committee 'had failed to ful-
fil the requirements of the house,
as they still refused to report any-
thing for the definite action of the
house.

"Mr. Crounse said that the major-
ity of the sessions of tne committee
had manifested the utmost partiality
and unfairness, calling . witnesses
without consultation with the minor-
ity, and examining them witn no ref-
erence to the exposition of the alleged
bribery and corruption, but clearly
and manifestly with the intent of
manufacturing capital against the
constitution and its friends. That
the majority of the committee had,
in charity, he must ' believe, been
prompted by unscrupulous partisans,
who were hang'ug around the house
and endeavoring to defeat and un-

492 NEBRASKA CONSTITUTIONAL CONVENTIONS

popularize the state movement by
the most debasing arts of desperate
demagogues, manifesting thereby a
consciousness of tneir inability to
meet the friends of state in an open
and fair field fight; that this mode
of warfare was in character with the
man who led the opposition. He
also said that the investigation had
proven that offers were made to state
men that if they would vote to divide
the election of the officers and the
submission of the constitution, that
the opponents would vote for a bill
of considerable importance, in which
some of the state men were inter-
ested— a bill for the incorporation of
the Missouri Colonization Society.
Mr. Crounse further said that the
testimony when fairly reviewed es-
tablished the fact that no means,
even of the most desperate resort,
were to be spared in the contest
against state; that it was only for
the purpose of blinding and mislead-
ing the people that the investigation
had been concocted; that they hoped
to unpopularize the state movement
by diverting the minds of the people
from the matchless fundamental law
presented for their consideration
with its economical provisions for the
administration of the state govern-
ment, and the development of the
resources of the country, and the ad-
vancement of all the material inter-
ests of the people, for whom it was
framed and from whom it must re-
ceive its vitality, by dastardly at-
tacks upon the character of some of
its friends.

"Mr. Brown replied by denying that
such was the purpose of its oppon-
ents. The house then adopted the
minority report made by Mr.
Crounse."

The minority report follows:

"The undersigned, a minority of
the committee appointed by the chair
to investigate charges of bribery and
corruption made in relation to the
passage of the joint resolution sub-
mitting a state constitution to the

people of Nebraska, in submitting
their report, would premise that, in
their opinion, this investigation was
instituted by that branch of this
house opposed to state organization,
urged on by outside politicians with
a view to damage personal reputa-
tion and by such unfair means de-
feat the success of state organization
if possible. As proof of this we
might refer to the following facts
which appear in the testimony: One
J. Sterling Morton, editor of 'Nebras-
ka City News,' a would-be leader of
the democracy of the territory, and
active anti-state man before, during
and since the submission and pas-
sage of [the] joint resolution, has
spent most of his time on the floor
of this house caucusing with mem-
bers, drafting buncombe political
resolutions for members to introduce
in the house, by which its time was
occupied to the exclusion of more
legitimate and profitable business.
The appointment of this committee
would seem to have been directed
with a view to this end; the very
chairman, the Hon. Mr. Thorn, ap-
pears, by the evidence, to have been
an instrument used by said J. Ster-
ling Morton to introduce a resolution
'blocked out' by him, and directed
against state. The Hon. Mr. Brown,
as appears by the House journal, was
the introducer, if not framer, of an-
other preamble and resolution
against state, of a most insulting
character, and which was most sum-
marily disposed of by this house.

"The labor of the committee has
been to its majority a labor of love:
promptly on hand at each session,
they have constrained your minority
to prolong its sittings beyond mid-
night at each time, and into Sun-
days. The majority have summoned
witnesses and pursued a course of
examination suiting their own no-
tions, witnout consulting the minor-
ity, extending over matters in no
way connected with the meaning of
the resolution under which they were
appointed, but seemingly with no
other reference than to discourse

matters which might be distorted into
something injurious to state men and
their cause.

"The Hon. Mr. Robertson of Sarpy
county, it appears, was one of the
instigators of this investigation. Too
ambitious to put some capital in this
enterprise, he came before the com-
mittee, and by his first testimony
seemed willing to attach the motive of
bribery and corruption to a transac-
tion which appears, by the concurrent
testimony of several other witnesses,
to be a simple business matter. By
further examination, when placed by
his own testimony in the peculiar
position of allowing" himself to be
approached twice or more distinct
times, with what he was pleased to
term an improper offer, without show-
ing any resentment, he chose, on dis-
covery, to state it in its true light, and
by his own testimony, corroborated
by that of all the other witnt^ses
called to the same subject, it is
shown that what occurred between
himself and the Hon. Messrs. Mason
and Bennet, of Otoe county, was
purely a business transaction, and
that it was not calculated to influ-
ence him in his vote, nor so under-
stood by any of the parties.

"The last testimonv taken was
that of Mr. Bennet, of the council,
who states that Mr. Morton afore-
said, during the pendency of the
question of submitting the constitu-
tion to the people, approached him
with a proposition signed by fifteen
ant'-state men, inciuaing Messrs.
Tuxbury. Gilmore, Paddock, and oth-
ers of the house, proposing that if
state men would separate the ques-
tion of state from that of election of
state officers, the fifteen would go for
the suspension of the rules, and
pledge themselves that the bill should
not be defeated. At the same time
Mr. Morton promised to secure a like
pledge from the anit-state members
of the council. Whether Mr. Morton
had at the time a fee simple in and
full control over me anti-state mem-
bers of both branches of the legisla-

ture, we leave for the members oc
this body to conclude. But it is but
justice to Mr. Bennet to say that he
did not entertain these propositions,
but has at all times advocated state
organization on principle, and not a
subject to be trafficked away.

"The testimony also shows that
another anti-state member from
Douglas, proposed to Mr. Wallichs, of
the house, who was interested in the
immigration bill then pending, that
if Wallichs would vote as desired on
the state question, the democrats of
the house would go for the immigra-
tion bill. As it is shown by the
records, Mr. Wallichs went for state,
and these democrats went against
the immigration bill. Mr. Parchen
was also approached by another mem-
ber of the same branch with a like
proposition, only tne proposer would
only pledge his own vote. We must
add that Mr. Parchen went for state,
and the other gentleman went against
state, and against the immigration
bill also.

"But the minority, in their haste
to submit this report m the very
short time allowed by order of this
house, cannot undertake to review
the testimony further. But enough
is shown, we think, to convince this
body that great effort has been made
to defeat the wish of the majority, in
the submission of the constitution
to the people; and while we can dis-
cern much connected with the pas-
sage of the bill that is not strictly
proper, yet we nave failed to discover
anything of the character of a direct
bribe, or so intended.

"Mr. Robertson we consider a
gentleman beyond the suspicion of
accepting a bribe, "or oemg improper-
ly influenced in his action as a legis-
lator. The other gentlemen de-
signed to be affected by this inquiry
are possessed cf too much good sense
and discretion to undertake to bribe
Mr. Robertson; and in this, together
with all the testimony, they stand ac-
quitted of any attempt or suspicion

494 NEBRASKA CONSTITUTIONAL CONVENTIONS

of offering any bribe or inducement
to Mr.. Robertson, designed to influ-
ence his action.

"In conclusion, we can but regret
that the opponents of state organiza-
tion have found it necessary to at-
tempt to direct attention from the
true merits of the question in issue,
by this unsuccessful effort to assail
the motives and character of its
friends.

"L. CROUNSE.
"JOSEPH ARrs'CLD."

The Omaha Weekly Herald (Feb-
ruary 9, 1866) denounced Crounse
for "getting behind his privilege as
a member of the house to assail Mr.
Morton;" and it alleged that "six
thousand dollars for a state paper
were offered one member, a known
opponent of state, who declined the
tender and laughed to scorn the ef-
fort to induce him to violate his
sense of right."

The constitution was prepared by
a self-appointed committee of law-

45. Mr. Estabrook said that this committee
consisted of nine members and that they wore
appointed by the sixth territorial legislature
in 1866. (See my foot note. *237, volume iii,
page 123, History of Nebraska; also p. 511,
V. ], ibid.— Ed.) Judge Lorenzo Crounse said
(volume ii, page 211, Nebraska Reports): "As
is well known, the constitution was originally
drafted' in a lawyer's officei by a few self-ap-
pointed individuals," and Chief Justice Ma-
son, who was one of the committee, acquiesced
in Crounse's statement. (Ibid., p. 22fv.) See
volume i, page 511, History of Nebraska, for
a more extended account of the preparation of
the constitution.— Ed.

4C. The statement of the case on the part
of the democrats, charging that the constitu-
tion and the republican candidates were dis-
honestly counted in, is published in the History
of Nebraska, v. i, pp. 529-5.36. In the opinion
nf the court, in the case of Brittle vs. the
People (Nebrask.a Reports, v. ii, p. 214),
Judge Lorenzo Crounse said: "A criminal is
put upon his trial; and, as a defense, he of-
fers to show that at the June election in 1H(V>
a clear ma.iority voted against the adoption
of the constitution, notwithstanding the board
of canvass(TS havti defPared otherwise. I
am satisfied that he could make a fair show-
ing in that direction. It is said that a whole
precinct in one county was thrown out, where
the majority was largely against the conRti-
tution: that in another place a large number
of soldiers voted in its favor with no pretext

yers whi^h met fo«: the purpose in
Experience Estabrook's office in Oma-
ha,^"^ and it based its legitimacy
upon the enabling act of 186 4 and
acknowledged acceptance of its
terms, notwithstanding that the act
specifically directed that the consti-
tution should be formed by a con-
vention to be organized according to
its specific prescription. In this third
try-out the electors did not vote Qi-
rectly on the question of adopting
state organization, but for or against
the constitution. The proposed
change of government was still un-
popular. Although at the last elec-
tion, only a year previous, republi-
can candidates for territorial offices
had majorities of six hundred and
ninety-four and eight hundred and
fifty-two — with the soldier vote,
2,573, and 3,495 — they could claim
only one hundred majority for their
statehood measure and that very
doubtfully. 4«

of right to do so: and in other respects irreg-
ularities intervened which might easily over-
come the declared majority of a hundred."
Chief Justice Mason, who, like his confessing,
associate, came into his office by virtue of
the alleged miscount— though indirectly-
seemed almost persuaded to endorse the con-
fession: "The history of the admission of Ne-
braska into the Union, given at length by my
Brother Crounse, may be briefly stated thus:
A small .number of men, without authority of
law, drew up the constitution, and the legis-
lature provided' for its submission to a vote of
the people. At an election held for the pur-
pose, a majority voted for the constitution.
This majority was small; and my brother
seems anxious to concede that there was no
majoritv at all, but that it was only made
to appear by divers transparent frauds. Never-
theless, the canvassers appointed by the legis-
lature for the purpose, consisting of the ter-
ritorial governor, secretary, and auditor de-
clared the vote favorable to the constitution."
Ibid. , p. 22G) The avennent of the last sentence
quoted is erroneous. The constitution itself pre-
scribed that the governor (Alvin Saunders), the
territorial attorney (Daniel (^antt), and Iho
chief iustico of the territory (William Kellogg)
should canvass the votes cast for and against
the constitution. The constitution also prtv
scribed that the officers named by Justice Ma-
Von shotild canvass "the elwtion returns for
the governor, secretary of state, auditor,
treasurer, and supreme judges."— Ed.

THE CONSTITUTION OF 1866

495

The present writer has recently
described (History of Nebraska, v.
iii, p. 101) the condition and im-
pulses which excused and promoTed
the movement for a new constitu-
tion:

The chief care of the compilers of
the constitution of 1866 was to make
it a password to statehood; and so
they craftily contrived that it should
resemble the territorial organic act
as closely as practicable. The judi-
cial system for the state was the ex-
act counterpart of that of the terri-
tory; there was no change in the
number of the members of the legis-
lative houses; the number of execu-
tive ofRcers. was not increased, and
their salaries were kept down nearly
to the old beggarly level; and against
the emotional sentiment for negro
enfranchisement with which the re-
publican party was possessed, its dev-
otees in Nebraska opposed the an-
cient and reactionary restriction to
white suffrage. This concession was
calculated to weaken or subdue the
opposition of the democrats who
lacked the stimulus of prospective
senatorships and high federal offices
which temporarily stifled the princi-
ples and stultified the philanthropic
professions of the expectant republi-
cans.

In a communication to the Omaha
Weekly Herald, July 23, 1875, Ex-
perience Estabrook said that the
constitution of 186 6 was compiled
by a committee of nine appointed by
the legislature of that year. This

committee, he said, "assembled from
time to time at my office, in the court
house, and i was permitted to par-
ticipate freely in its deliberations."
It was decided to make the whole
instrument as near as possible like
the organic act — to meet objections
to change to statehoca. Hence the
same sizea legislature and low sal-
aries were determined upon.

But by 1869 the partisan emolu-
ments of the change to statehood had
been seized and the dominant Butler
faction felt that its new capital,
which was an outgrowth of admission,
was now established, so that it might
safely proceed to enlarge its powers,
privileges, and emoluments through
a new constitution of broader scope.
The malcontents insisted that the
state was "hampered by the want of
courts, by the need of proper grades
in the judiciary and by the picayun-
ishness and general meanness that
breathes throughout our organic
law." Every fourth year two gen-
eral elections were necessary because
the constitution fixed the time of the
state election earlier than that of the
national election; the supreme court,
en banc, "sit on their own decis-
ions;" the code "is a conglomerated
patchwork, it is neither the Ohio nor
the New York code, which are radi-
cally different from foundation to
turret, but is a compromise between
the two with a lot of loose rubbish
culled from all the rest of the states
thrown in." (Nebraska State Jour-
nal, June. 2 6, 1869; Daily State
Journal, August 22, 1870; ibid., De-
cember 19, 1870.)

NOTE: The forei/oing account of
the making of the constitution of 1866 C07i-
tradicts the misstatement, in volume i, p.
10, of this series, that there was a convtn-
tion in 1866 which framed it. — Ed.

CONVENTION OJh^ 1871

At the third session of the legisla-
ture, which began May 16, 1867,
Oscar Holden, of Pawnee county,
prematurely introduced senate file
number 57, "an act to provide for an
eilection pr,elim<inary to the cialling of
a constitutional convention;" but it
was indefinitely postponed by the
same body. (Senate Journal, 3d ses-
sion, pp. 14 5, 189.) At the same ses-
sion Augustus F. Harvey introduced
into the house of representatives
house roll number 25, for the same
purpose. The bill was rejected by the
narrow margin of 15 to 18. Only
three of the representatives from the
North Platte voted aye, while nine
of that section voted nay. (House
Journal, 3d session, pp. 109, 140.)

The Nebraska Commonwealth, in
its issue of December 5th, 1868,
criticized the defects of the constitu-
tion. It was faulty in limiting the
number of judicial districts and
judges to three, for the next six
years; it was "entirely- inadequate
even now." An independent supreme
court was indispensable. The sal-
aries of state officers were so paltry
as to degrade the state, due to a
"picayunisb trick, worthy of the
democratic wiseacres who perpe-
trated it." The limitation of the
length of the session was objection-
able; member? were paid for only

forty days which was too short a
term. Improved means for the crea-
tion and regulation of corporations
was needed. The partisan editor
was not aware, it seems, that repub-
licansjwere the aggressive promoters
of the statehood scheme and that
democratic leaders strongly opposed
it, or that the democrats did not
actually control the legislature which
promulgated the constitution. (His-
tory of Nebraska, v. i, pp. 509-516;
V. iii, p. 41.) The Omaha Herald
(weekly) of December 2 3, 186 8, said
that revision of the constitution was
a very much agitated subject. One
desirable change was to raise judicial
'salaries from "the pitiful sum of
$2000."

At the fifth session of the legisla-
ture the following joint resolution
was adopted:

Resolved by tlie Senate and Hons©
of Kopre.sentatives of the State of
Nebraska, That the electors of the
state be, and are hereby authorized
and recommended to vote for or
against a convention to revise or
change the constitution of the state,
at the next general election for mem-
bers of the legislature.

The ballots at sucli election shall
be written or i)rinted as follows:

Those in favor of a convention,
"For a Convention;" those against
a Convention. "Against a Conven-
tion." i

Approved,February i , i 869. 1

CONVENTION OF 1871

497

The joint resolution — senate file
1^V2 — ^was introduced into tlie sen-
ate by Charles H. Gere, of Lancaster
county. The original draft read,
"those in favor of the convention
writing their ballots, 'For the con-
vention,' those agamst the conven-
tion writing their ballots, 'Against
the convention." The amendment
specifically permitting a printed bal-
lot and making other minor changes
was adopted in committee of the
whole. The resolution was passed
hy a vote of ten to one. Guy C. Bar-
num, of Lincoln county, voted no.
(Senate Journal, fifth session, pp.
94, 171, 188.) It had an easy road
in the house, also, passing by 3 5 to 2.
The two dissenters were Jarvis S.
Church, of Nemaha county, and Jo-
seph T. Hoile, of Richardson. (House
Journal, fifth session, p. 261.) This
incident denoted an era of good feel-
ing remarkaole in Nebraska; but it
was only a calm preceding a storm.

The election was held on the 11th
of October, 1870. Of the thirty-
seven counties which made returns
only fourteen incluu^.. i^ae vote cast
on the question of holding a consti-
tutional convention; but, inasmuch
as by the terms of the constitution
only a m.ajprity of the votes ca&t on
the proposal was required to carry it,
this scanty expression of opinion suf-
ficed. The votes reported aggregated
3,968 for, and 979 against a conven-
tion. (Senate Journal 1871, p. 40.)
It is significant that Lincoln, the
seat of the dominant faction of the
ruling party, was also the center of
the new constitution movement as
shown by its vote of 523 for a con-
vention and two against it. (Daily

State Journal, Oct. 12, 1870.) After
the regular canvass at a joint conven-
tion of the legislature,. January 10th,
1871, the presiding officer declared
that " a majority of tne votes cast
were in favor of a constitutional con-
vention." In his message, delivered
January 6th, Governor Butler re-
minded the legislature that the elec-
tors, "having at the last general elec-
tion, decided in favor of holding a
convention for the revision of the
constitution," it became their duty to
provide for the election of members
and to designate the time of holding
the convention.

Accordingly, on the 26th day of
January, house roll 5 7 was introduc-
ed— "a bill for an act to- provide for
calling a convention to revise, alter,,
or amend the constitution of the state
of Nebraska." (House Journal 1871,
p. 12 6.) On the 30th, Galey, of
Lancaster county, reported the bill
back from the judiciary committee
with amendments; on the 31st, the
committee of the whole recommended
that it be engrossed for a third read-
ing the next day; on the 2d of Feb-
ruary it was read a third time and
passed by a vote of 32 to 5. All of
those voting nay were from the two
chronically restive counties — three'
from Douglas and two from Nemaha.
Nemaha defection from the south
Platte policy or trend prevented the
removal of the capital to that sec-
tion in 185 7, and it caused the re-
jection of this constitution. The bill
provided that the convention should
be held on the first Tuesday in IMay,
that it should comprise thirty-nine
members, one from each representa-
tive district, "as they shall hereafter

498 NEBRASKA CONSTITUTIONAL CONVENTIONS

be apportioned;" and that the mem-
bers should be elected on the first
Tuesday in April. "An amendment
adding thirteen members to be
elected at large was defeated by a
small majority." (Daily State Jour-
nal, Feb. 3, 1871.) The Journal ap-
proved the proposal to elect the ad-
ditional thirteen at large because in
that way men of state, rather thau
mere local reputation could be
chosen. In the senate, on the 22d
of March, on motion of Hascall, the
bill was amended so as to change the
date of the meeting of the conven-
tion to the second Tuesday in June,
and of the election of members of the
convention to the first Tuesday in
May, and increasing the number of
delegates from thirty-nine, corres-
ponding with the number of repre-
sentatives, to fifty-two, equal to the
number of both senators and repre-
sentatives. Ebenezer E. Cunning-
ham, president of the senate, offered
an amendment which authorized and
recommended electors "to vote for or
against female suffrage at the election
for members of the cohstitut onal i
convention," and provided that "^'1
women above the age of twenty-o.u.'
years, possessing the qualificatioiis
as to citizenship and residence rf-
quired of male electors under the
Laws of this state jire authorized
and recommended to vote on the
proposition." The nmendment was
rejected by a tie. Tliose voting aye
were Leander (Jerrard, of Platte
county; Isaac S. Hascall, of Douglas;
Andrew R. Kennedy, of Sarj)y; (leorge
P. Tucker, of Jolmson; Abel W.
Tennant, of Oodge; Ebenezer E.
Cunningham, of Riciiardson. Those
voting nay were; David Provvn and

Robert Hawke, of Otoe; B. F. Hilton,
of Washington; Frederick Metz, of
Douglas; Lawson Sheldon, of Cass;
and Edward W. Thomas, of Nemaha.
The four democrats — Hascall, Ten-
nant, Hawke and Thomas — divided
their votes equally for and against
the amendment. Thereupon, twelve
senators voted for the passage of the
bill. Andrew J. Cropsey, of Lancas-
ter county, did not vote. (Senate
Journal, 1871, pp. 379-382.) The
house .lournal fails to record the ac-
tion of that body on the amended
bill; but it was signed by the si)eaKer
on the 23d of Mar( h and approved by
the governor on the 2 7tli. The can-
vass of the question of adopting the
constitution was vigorous and acrimo-
nious. The Nebraska annual confer-
ence of the Methodist E]piscopal
church approved, in a resolution, the
principle of the taxation of church
property; but, as a rule, church in-
terests combined with commercial
corporations against adoption. The
Daily State Journal, (January 2 2,
1873 ), said: "There were here and
there scattered through the instru-
ment certain clauses objectionable
respectively to certain classes of our
citizens. These clauses were not sub-
mitted separately, as they should
have been. The railroad influence
was against the whole instrument
because there was a clause submit tea
with it that was displeasing to that
influence. The church influence was
to a great extent turned against it. for
the reason that ther(> was a clause
for the taxation of churches, and so
on to the end of tiie list of objection-
able clauses."

At a public meeting held in Omaha,
George H. Lake and Oliver P. Mason.

THE CONSTITUTION OF 1866

499

advocated the adoption of the consti-
tion. Mason defended it stoutly. He
insisted that the constitution of 1866
"left not a dollar [of church proper-
ty] exempt" [from taxation]. All
churches were incorporated, and the
old constitution provided that all
corporations should be taxed, whether
now in existence or thereafter to be
created. Though a statute contra-
dicted this provision, it would not
stand a single hour if contested be-
fore any judge of the state. "I tell
you this instrument was passed in the
interests of the poor. When you
used to try railroad cases you used
to balance damages against benefits,
didn't you? and then you called it
square. Well, you can't do that now."
By the new constitution, when private
property was taken it must be paid
for in money; before it was paid for
in benefits. The Burlington and
Missouri railroad company alone
owned land enough in this state to
build two lines of railroad through it.
Now ought they to take subsidies that
belong to weaker lines? "I say, no."
(The speaker here referred to a pro-
Vision against giving publicant to
railroads which received land grants
from the federal government.) Five
years ago, he said, there was not a
mi'e of railroad in the state, now
there is nine hundred miles. He ask-
ed how much the Northwestern and
Southwestern railroad companies
were costing Douglas county. A
voice cried, "Fifty-four thousand dol-
lars a year."

Andrew J. Poppleton merely ex-
pressed his opinion against the adop-
tion of the constition. John I.
Redick made a very specious speech
in opposition to the constitution. It

abolished the grand jury, the an-
cient bulwark, etc.; it increased the
membership of the legislature and
gave it power to add still more mem-
bers, and increased the pay of mem-
bers from three dollars, to four dol-
lars a day; it prevented counties
from subsidizing railroads; it added
an ornamental wall-flower lieutenant
governor to the executive officers; it
unnecessarily increased the number
of judges, inasmuch as the supreme
court was already virtually indepen-
dent because the trial judge of the
district court did not sit in the same
case in the supreme court; the Ua-
bility imposed upon shareholders
would be fatal to corporations.
(Omaha Weekly Herald September 6,
1871.)

The Omaha Bee charged that the
Herald was the organ of the corpor-
ations in the contest, and it played
with its accustomed abandon and
sonorousness. Under the lead of Mr.
Tipton, United States senator, and
the Nebraska Advertiser, Nemaha
county was again out of tune with its
south Platte environment. -The total
majority against the constitution was
six hundred and forty-one. Nemaha
county cast two hundred and fifty-
nine votes for and nme hundred and
twenty-six against it. If this county
had kept approximately in line with
its section, the constitution would
have been adopted. Tipton was botn
preacher and politician, and his par-
son proclivities perhaps account for
his defection. The strong demo-
cratic counties were hostile to the
new constitution. The vote of Da-
kota, Platte, and Sarpy was almost
wholly, and that of Dodge strongly
against it. The sectional alignment

500 NEBRASKA CONSTITUTIONAL CONVENTIONS

was marked. The north Platte cast
4,932 against adoption and 2,068
for; the south Platte, 5,918 for, 3,695
against. Eighteen of the twenty-two
north Platte counties gave majorities
against, and ten of the sixteen south
Platte counties -for adoption. The
article and sections which were sepa-
rately submitted fared worse than the
embodied instrument. The vote on

those five propositions was as fol-
lows: liability of stockholders, 7,4 2 5
for, 8,580 against; prohibiting
municipal aid to corporations, 6,690
for, 9,549 against; compulsory edu-
cation, 6, 2 89 for, 9,958 against; sub-
mission of prohibition proposition,
6,071 for, 10,160 against; woman
suffrage, 3,502 for 12,496 against."

47. FoUowing- Is trie vote by counties as reported by the special board of canvassers
appointed by the constitution, namely, the president of the convention— Silas A. Strickland-^,

the secretary of state— Wilham H. James—, the state auditor— John Gillespie.

Vote on Liabilities Aid to Compulsory Prohibition Extension

Constitution St'kh ld'rs Corporations Education

License

Suffrfiore

COUNTIES

Buffalo 4

Burt ^

Butler

Oass

Cedar ,

Colfax

Dakota

Dawson] ^

Dixon ^.

Fillmore

Gage

Hall

Jefferson

Johnson

L'Eau Qui Court

Lincoln

Madison

Merrick

Nemaha

Otoe

Pawnee

Pierco

Platte

For Ag-'nst

For .

^g'nst

For Ag'nst

For Agnst

For -

.sr'njit

278

110

224

110

22©

101

282

239

289

101

120

118

102

109

118

769

241

698

312

553

455

462

545

588

470

312

690

156

127

146

122

147

144

451

12)

srr

134

127

143

ijoe

118

133

190

210

185

191

204

190

205

124

270

299

340

297

298

29S

295

297

298

152

117

118

180

153

258

450

218

484

221

481

188

514

173

529

118

584

672

549

607

1,646

516

1,741

545

1,714

442

1,815

371

1,872

loe

209

181

224

157

242

128

273

174

227

328

106

114

183

139

146

125

129

226

360

222

365

240

348

179

416

217

371

181

406

,2.37

178

1,164

2'48l

987

426

923

497

804

517

543

848

201

157

€0

155

162

191

124

114

132

106

259

936

273

921

248

946

267

926

257

985

173

1,019

574

583

510

646

450

706

461

690

464

689

265

885

.-242

369

183

396

157

420

140

435

193

382

107

468

329

318

328

314

3219

327

Soon after the rejection of the con-
stitution its friends began to urge
that a special session of the legisla-
ture be called for the purpose of
reconvening the convention or of di-
rectly striking out the most objec-
tiouabjC provisions of the instrument
and again submitting it to the peo-
])1('. But tlie revival scheme awaited
th(> adjourned session of the fourth
legislature (of 1871) which con-

vened on the 9th of January, 1872.
On the second day of the session
Senator Andrew R. Kennedy, repub-
lican, of Sarpy county, introduced
senate file 173, a bill to authorize
the convention to reconvene, and its
passage was completed the same day
by a vote of seven to two. Those
who voterl in the affirmative were
Otlinian O. Abbott, of Hall county;
Andrc^w .1. ('r()i)S(\v, of Lancaster;

CONVENTION OF 1871

501

Hascall, Kennedy, Thomas Lynch, of
Richardson; George B. Scofield, of
Otoe; and Tennant. The two negative
votes were cast by Lawson Sheldon,
of Cass county, and Frederick Metz,
of Douglas, both republicans. The
next day the bill, with an amendment,
passed the house by twenty-one to
nine; the following day the senate
concurred in the amendment; on the
15th Acting Governor James vetoed
the bill; on the 17th the senate
passed it over the veto by the bare
constitutional majority of eight to
four, — Cropsey, Hascall, Hilton,
Lynch, Napoleon B. Larsh, of Otoe,
Scofield, Tennant, Tucker, for; Ab-
bott^ Metz, Sheldon, Thomas, against
■ — ; on the 19th the house refuse^ to
override the veto by a vote of twelve
to twenty-one. Those voting aye
were John Ahmanson, Thomas F.
Hall, Edward Rosewater, of Douglas
county; Enos Beall, of Hall; S. B.
Galey, of Lancaster; Isaac uoodwin
of Saline; D. C. Jenkins, of Gage;
Herman Rhodes, of Johnson; H. C.
Riordan, of Washington; A. Roberts,
of Saunders; Henry Schock and
William Maddox, of Richardson.

Those voting against overriding the
veto were A. C. Briggs, of Dodge
county; J. T. Cannon, J. M. Patter-
son, John Rouse, F. M. Wolcott, of
Cass; Elam Clark, of Washington;
James Clark, of Dakota; George W.
Collins, of Gage; J. W. Conger,
George W. Covell, W. E. Dillon, Eu-
gene Munn, John Overton, of Otoe;
William Daily, S. P. Majors, De For-
est Porter, George R. Shook, of Ne-
maha; Charles Duby, Edwin N. Gren-
ell, of Sarpy; A. J. Pludson, of
Platte; L. S. Reed, of Douglas. The
harmony between Douglas and Lan-
caster touching this erratic measure
excites wonder. All but one — Reed,
of Douglas — of the seven members
present from the two counties voted
to override the veto. Only three
senators — Hascall, Hilton, Tennant —
from the north Platte voted against
the veto and only two — Sheldon and
Thomas — from the south Platte
voted for it. Of the twelve members
of the house who voted to override
the veto five were from the north
Platte, and of the twenty-one who
voted to sustain it seven were from
the north Platte.

COUNTIES For Ag'nst Tor Ag'nst For Agr'nst For Ag'nst For Aff'ust For Ag'nst

Polk

882

494

701

551

676

697

59f5

768

569

795

244

1,130

284

278

264

200

135

282

Sarpy — _^

367

135

268

128

272

108

290

308

319

Saunders

492

145

451

133

417

174

391

201

886

206

198

283

_ 356

341

304

293

314

151

201

Stanton

_ __ 10

106

104

121

104

114

Washington

208

305

217

296

220

293

194

319

202

311

419

Wayne

York _ -_ .

t»6

2i)

4i>

TOTAL ...

-7,986

8,627

7,425

8,&S0

6,6G0

&,54y

6.289

9,958

6,071 10,160

3,502

12,496

Majority against adoption.. 641

The above table was copied from the Omaha Weekly Herald of October 17, 1871.
Adams, Brown, Olay, Franklin, Greeley, Hamilton, Howard, Kearney, Nuckolls,
Sherman, Valley, and Webster comities were included in the list of the official
canvass, but no returns were credited to them. Only one of these counties— Hamilton-
sent returns in 1870. In 1872 Olay, Franklin, Hamilton, Howard, Kearney, Nuckolls, and
Webster made returns. I have already discussed this topic to greater! detail in the third
volume of the History of Nebraska, pp. 115—119. Ed.

502 NEBRASKA COXSTITUTIOXAL CONVENTIONS

The convention had performed its
prescribed function and finally dis-
solved itself. The revival scheme
therefore ignored the method pre-
scribed by section 1, of article 9 of
the constitution for changing or su-

perseding that instrument. There
were by this time many vacancies in
its membership and if the body had
been irregularly reconvened, as pro-
posed, it would have been but a rump.

THE CONSTITUTIONAL CONVENTION

OE 1875

Neither of the party platforms of
1872 mentioned the subject of again
trying to procure another constitu-
tion, probably because public opinion
was so confused and doubtful that
silence seemed safer than to take
either side of the question. But in
his inaugural message to the fifth
legislature, at its regular session, in
1873— the first session after the re-
jection of the constitution of 1871 —
Governor Furnas said:

"The present constitution is not
meeting either the present or grow-
ing wants of the state. The judiciary
provisions are sadly deficient in sup-
plying the demands of justice; the
new counties, filling up so rapidly and
justly entitled to representation in
the general assembly, are without a
voice, and the meagre salaries paid
your state officers will not secure
that efficiency and attention the im-
portance of the positions now de-
mand [s]. The people have expressed
their desire for revision and amend-
ment. To gratify these wishes in the
most expeditious manner admissible,
under the provisions of the existing
constitution, will be meeting an im-
portant demand." (House Journal
1873, p. 69.)

Acting Governor James did not
mention the subject in his retiring
message.

The first constitution prescribed
the procedure for calling a constitu-
tional convention as follows:

Section 1. If at any time a ma-
jority of the senate and house of
representatives shall deem it neces-
sary to call a convention to revise or
change this constitution, they shall
recommend to the electors to vote
for or against a convention at the
next election for members of the
legislature; and if it shall appear that
a majority of the electors voting
thereon have voted for a convention,
the legislature shall at its next ses-
sion provide for calling such conven-
tion.

Accordingly, at the regular session
of 1873, on the 22d of January, Silas
Garber, of Webster county, intro-
duced house roll number 70, "a joint
resolution in relation to submitting
the new constitution to a vote of ihe
people." On the same day, Samuel
G. Owen, of Lancaster county, intro-
duced house roll number 71, "a joint
resolution relating to a revision of,
and the submission of the new con-
stitution." These resolutions do not
appear in the record, of course, as
they failed of passage. The Dally
State Journal, of January 24, 1873,
says that two bills were introauced
on Wednesday — the 22d — looking to
a resubmission of the new constitu-
tion (of 1871). "One by Mr. Garber,
providing for the resubmission of the
instrument as it stands, changing
only the schedule and providing for
a separate vote upon doubtful clauses.

504 NEBEASKA CONSTITUTIONAL CONVENTIONS

Origin of tlie Constitution of 1875

The other looks to amendments by a
joint commission of the two houses,
and then submitting it as amended."
The Journal contended at great
length that these joint resolutions
were perfectly defensible.

Immediately after the first reading
<of the resolutions, they were read the
second time, under suspension of the
rules; and then, on motion of Towle,
of Richardson county, they were re-
ferred to a special committee of seven
members of the house and three of
the 'senate. (H. J. 121.) At the
afternoon session Mr. Towle with-
drew his motion to refer the resolu-
tions to a special committee, and,
thereupon, on a motion by Garber,
the speaker appointed a special com-
mittee of five members to consider
the resolutions and report their rec-
ommendations within five days. (Ibid.,
p. 124.)

On the 23d the speaker appointed
as such committee A. H. Babcock,,
Pawnee; Samuel G. Owen, Lancaster;
E. G. Dudley, Douglas; Edwin S.
Towle, Richardson; D. C. McKill^'p,
Seward. On the 27th Owen, McKil-
llp, and Towle reported back the res-
olutions— 70 and 71 — and recom-
mended the adoption of 71. Bab-
cock and Dudley reported as follows:

The undersigned, a minority of a
special committee api)ointed by you
to take into consideration and report
upon H. R. No. 70 and 71, they being
joint resolutions in relation to the
revision and submission of the so-
called new constitution to a vote of
the people, would respectfully report
the same back to the house with the
recommendation that neither of them
be adopted, for the reason that the

legislature does not possess the
powers therein contemplated.

The undersigned would, therefore,
submit the following joint resolution,
and recommend its adoption:

Joint resolution, authorizing the
electors to vote for, or against, a con-
iStltutional convention at the next
general election of the legislature:

Resolved by the Senate and House
of Representatives of the State of
Nebraska, That the electors of the
state be, and the same are hereby,
authorized and recommended to vote
for or against a convention, to revise
or change the constitution of the
state at the next general election for
members of the legislature.

The ballots at such election shall
be written or printed as follows:

Those in favor of a convention,
"For a convention."

Those against a convention,
"Against a convefition."

All of which is respectfully sub-
mitted.

A. H. BABCOCK,

Chairman,
E. S. DUDLEY.

(House Journal 1873, p. 165.)

In his last message, delivered to
the legislature of 1 875, at the opening
of the session. Governor Furnas said:

"The people of this state in a con-
stitutional manner, having at the late
election i)roclaimed in favor of a
convention to revise and amend the
present constitution, it will be a duty
incumbent upon you to provide that
the popular will be gratified. Details
need not be suggested here. Suffice
to say, that every interest of the state
demands a change, and that as
speedily as may be." (House Journal
1 875, p. 64.)

In his inaugural message to the
same legislature Governor Garber
said:

CONVENTION OF 1875

505

Origin of the Constitution of 1875

"It is generally conceded that our
present constitution does not meet
the necessities of our largely in-
creased population. The people of
the state having expressed their de-
sire through the ballot for a conven-
tion to draft a new constitution, it
becomes your duty to provide for the
calling of a constitutional convention,
and to make the necessary appropria-
tions to meet the expenses that will
thus be incurred, and to apportion the
state in such a manner that all sec-
tions may be fairly represented. The
convention should meet as soon as
practicable, that it may have its work
completed and placed before the peo-
ple at as early a day as possible, so
that they may have time and oppor-
tunity to become familiar with the
instrument upon which they are to
■ vote. Past experience has demon-
strated the danger of pressing upon
the public so important a measure as
a constitution without sufficient time
to read ana understand it." (Ibid.,
p. 89.)

On the fourth day of the session
of the sixth legislature, January 11,
18 75, the senate, m committee of the
whole, recommended that the part
of the governor's message relating to
the constitution be referred to a spe-
cial committee of three senators to
be appointed by the president of the
senate; whereupon, on the same day,
the president of the senate — Nathan
K. Griggs, of Gage county — ap-
pointed as such committee Joseph E.
Lamaster, of Otoe county; Guy C.
Barton, of Lincoln county; Jacob S.
Spaun, of Douglas county. (Senate
Journal, 1875, p. 126.) The house,
on the same day, referred the part
of the governor's message in question
r to the standing committee on consti-
tutional representation and appor-
tio[nment, which was composed of

Albinus Nance, of Polk county; M. V.
Moudy, of Kearney; N. R. Pinney, of
Otoe; Jacob Weidensall, of Douglas;
B. F. Chambers, of Dakota. (House
Journal 1875, pp. 78, 84.)

On the 11th of January, Church
Howe, of Nemaha county, introduced
"a bill (house roll no. 7) for an act
tc provide for calling a convention to
revise, alter, or amend the constitu-
tion of the state of Nebraska." Feb-
ruary 2d Mr. Nance, of the commit-
tee on constitutional representation
and apportionment, reported the bill
without recommendation. February
4th the house reported the bill back
to the committee with instructions
that it reapportion the membership
of the convention, on a basis of the
population of 1874, and so that it
should contain sixty-nine members.
On the 5th the committee reported
the bill back amended as directed. On
the 9th an amendment by John
Baumer, of Douglas county, was
agreed to by unanimous consent. The
Daily State Journal, February 10,
187 5, says that this change "slightly
amended" the bill. On the same day
the resolution was passed by a vote
of 2 8 to 3. These three were Alex-
ander H. Baker ,of Douglas county;
James C. Crawford of Cuming;
James Davidson, of Sarpy. (House
Journal 1875, p. 295.)

On the fifth of February Jacob S.
Spaun, of Douglas county, introduced
by unanimous consent, senate file
number 84, "a bill for an act to pro-
vide for calling a convention to re-
vise, alter, or amend the constitution
of the state of Nebraska." (Senate
Journal 1875, p. 290.)

506 NEBRASKA CONSTITUTIONAL CONVENTIONS

Tuesday] First Day

According to -the Daily State
Journal of February 10, 1875, this
bill provided for a convention of
twenty-five members, to be chosen by
the two houses of the legislature,
jointly, which should meet on the
first Tuesday in March. The bill pro-
vided also that the constitution
framed by the convention should be
submitted to the people in numbered
sections, so far as practicable.
Whether the specific method pre-
scribed in the constitution was ex-
clusive or not, the emergency was
i\ot pressing enough to justify ignor-
ing it; and the Journal well doubted
that Spaun's bill would be acceptable
to the people.

On the 12th of February house roll
no. 7 and senate file no. 84 were
referred to a special committee con-
sisling of Carolus C. Burr, of Lan-
caster county: Samuel M. Chapman,
of Cass; and Alexander Bear, of
Madison. On the 16th Chapman and
Bear "report favorably upon h. r.
no. 84 [7]. recommending that s. f.
r-.o. 84 be indefinitely postponed.
Brrr, in a minority re]iort. recom-
mended that "s. f. no. 84 do pass for
the reason that the state will save at
least the sum of seventy-five thou-
Band dollars if the constitutional con-
vention is called as provided therein."
(Senate Journal 1873, p. 388.) On
the 18th the senate passed the house
bill by a vote of 9 to 4, and laid the
senate bill on the table. (Ibid., pp.
44 3, 44 4.) The act was approved
February 20th, 1875. It provided
that a convention of sixty-nine mem-
•bers, to be chosen at a popular elec-
tion on the 6th of April, 1875, should

[May 11

meet at the capital of the state on the
11th of May, 1875. The member-
ship of the convention was appor-
tioned by the act among sixty-three
counties. (Laws of Nebraska, 1875,
p. 13 5.) Fifty of the members of the
convention were republicans; sixteen
democrats; and three, independents.

The ostensible original manuscript
of the journal of the convention evi-
dently was not revised; and, as is
designated in brackets in each in-
stance, it was largely made up of
newspaper clippings, apparently
without revision or correction. So
that there appears to be no complete
original record of the proceedings of
the convention. Ordinary rules of
punctuation are so often disregarded
in this putatively original journal
that it seemed necessary to supply
punctuation marks, frequently, to
save appearance and sense.

JOURNAL OF THK CONVENTION.

FIRST DAY.

House of Representatives.
Lincoln, Nebraska,
Tuesday, May 1 1, 1875.
Pursuant to the provisions of an
act of the legislature of the state of

48. The si.xtfon doinoorats wore Agur, of
Seward oonnty; Beckor, of Platte: Boyd, of
Douglas: Bioady, of Noinalia: Brown, of
I)out;l!is; Burtcli, of Sarpy; (lallionn. of Otoe;
Ooatos, of Dixon; Grebe, of Douglas; Grcuell,
of Washington; Hinniaii, of Lincoln; Martin,
of Ricliardson; Mungcr, of Dodge; Rogers, of
Otoo; Steven.son, of Cuming; Vallery, of
Cass, Cummins, of York, and Ewan and
Peery, of Nemaha, were the three independ-
ents. The voeations of the members were as
follows: Twenty-four lawyers, twenty-three
farmers, three millers, one eontraetor and
pork-paeker, one grain dealer, two surveyors,
seven merchants, three county clerks, one edi-
tor, one wagon-maker, one minister of the
gospel, one judge, one physician. (Daily
State Journal, June 10, 1875.)

CONVENTION OF 1875

507

Tuesday] Firs^

Nebraska entitled "An act to provide
for calliiig a convention to revise, al-
ter or amend the constitution of the
State of Nebraska" approved Febru-
ary, 1875, the members elected to said
<;onvention assembled in the hall !,f
the House of Representatives, Lin-
coln, Nebraska, at 3 o'clock, p. m.,
Tuesday, May 11, 1875, and were
called to order by Hon. Bruno
Tzschuck, secretary of state.

Mr. Kirkpatrick, of Cass, nomi-
nated Mr. Maxwell of Dodge as presi-
dent pro tempore.

Mr. Haywaru, of Otoe, nominated
Mr. Conner of Buffalo as president
pro tempore.

The name of Mr. Maxwell was at
his request withdrawn and Mr. Con-
ner, of Buffalo, was elected president
pro tempore by acclamation.

On motion of Mr. Weaver of Rich-
ardson, Guy A. brown was elected
secretary pro tempore.

Mr. Doom of Gage moved that the
chair appoint a committee of live to
examine credentials.

Mr. Gwyer of Douglas moved an
amendment that the committee on
credentials consist of one member
from each senatorial district. The
amendment was svistained and the
chair appointed as such committee
Messrs. Doom, Gwyer, Weaver, Ewan,
Calhoun, Smith, Frady, Rees, Wall-
ing, Dunlap, Gere and Hopewell.

On motion of Mf. Gwyer the roll
was called and the following gentle-
men answered to their names:

t Day [May 11

A U UU tL,

xieiiry ,

Agur,

Hinman,

Hopewell,

Boy Q,

xvenaaii.

Broady,

Kirkpatrick,

X51 U W 11,

Laird,

Lydiiioun,

Manderson,

Carns,

Martin,

L/larK,

Matthews,

Conner,

Maxwell,

Cummins,

McPherson,

Dawes,

Munger,

Doom,

Peery,

Dunlap,

Pierce,

Eldridge,

Rees,

Ewan,

Robertson,.

Foss,

Rogers,

Frady,

n 1 o

Garner,

G T-n 1 ■(- It

tomim ,

Gere,

Sterns,.

Grebe,

Thorn

G'renell.

Vallery,

Griffin,

Van Wyck,

Gwyer,

Walther,

Hailiier,

W^alling,

Hamilton,

Warrington,

Harmon,

Weaver,

Harrington,

Webster,

Hawley,

Wi-cox. — 6 0

On motion of Mr. Doom of Gage a
recess was taken until 4 o'clock,
p. m.

After Recess.

The committee on credentials ap-
proved, and by its chairman, Mr,
Doom of Gage, submitted the follow-
ing report:

Lincoln, Nebraska, May 11, 1875,

Mr. Chairman, the committee ap-
pointed to examine the credentials
of members elected to this conven-
tion respectfully report that certifica-
tes in due form have been presented
and that the following named persons
are entitFed to seats in this body:

508 KEBEASKA CONSTITUTIOXAL COXVEXTIONS

Tuesday]

First Day

[May 11

A. J. Weaver,
Frank Martin,
Charles F.Walther,
[W. H. Sterns,]

Reuben C. Eldridge
A. H. Conner,

James Harper,
Jacob Vallery, Sr.,
George S. Smitii,
S. M. Kirkpatrick,

Cyrus E. Hunter,

B. I. Hinman,

M. W, Wilcox,
Aug. M. W^alling,
R. F. Stevenson,
Isaac Powers, Jr.,
M. R. Hopewell,
S. H. Coates,
Samuel Maxwell,
Wm. H. Hunger,
Clinton Briggs,
Chas. F. Manderson,
William A. Gwyer,
John L. Webster,
Charles H. Brown,
James E. Boyd,
Henry Grebe,
J. D. Hamilton,
R. B. Harrington,
James E. Doom,
O. A. Abbott,
J. II. Sauls,
M. B. Rees,
H. H. Shedd,
A. Hallner,
Luke Agur,
E. C. earns,
E. X. Grenell,
J. J, Thompson,

COUNTIES
Richardson.

fAntelope,

< Boone and
[Greeley.

r Buffalo, Sher-

< man and Val-
lley.

Butler.

|cass.

j Cedar, Stanton
( and Wayne.

Cheyenne,

Keith and

Lincoln, and

territory north

of Dawson

county and

west of Valley
Lcounty.

Clay.

Colfax.

Cuming.

Dakota.

Burt.

Dixon. •

Dodge.

Douglas.

h illm ore.

Gage.

Hall.

Hamilton.

Saunders.

Seward.

Washington.

COUNTIES

Thayer and
Nuckolls.
York.
rWebster,
Legrand B. Thorne,|^^^-

fFranklixi,
< Phelps and
[Gosper.
\ Harlan and
'( Furnas.
/ Knox, Pierce
\ and Holt.

Joseph Garber,
Wm. B. Cummins,
James Laird,

Fred A. Harmon,

John McPherson,

C. H. Frady,

Austin W. Matthews, Jefferson.
William L. Dunlap, Johnson.

S. B. Pound,
J. B. Hawley,
C. H. Gere,
C. W. Pierce.
W. 'SI. Robertson

Lancaster.

A. G. Kendall,

J. H. Peery,
J. G. Ewan,

S. H. Calhoun,
Josiah Rogers,
M. L. Hay ward,
C. H. Van Wyck,
George L. Griffing,
John P. Becker.
Thomas S. Clark,

S. R. Foss,
J. W. Dawes,
S. F. Burtch,

T. L. Warrington,

David P. Henry
J. H. Broady,

Madison.
\ Howard and
'( Merrick.

j- Nemaha.

Otoe.

Pawnee.

Platte.

Polk.

|- Saline.

Sarpy.

( Red Willow,
Hitchcock, etc.

[Dundy, Chase,
Frontier. Daw-
son, and unor-
ganized terri-
tory lying be-
tween Frontier
and Chase
^ counties.]

i Pawnee and
I Johnson.
\ Richardson and
/ Nemaha.

CONVENTION OF 1875

509

Tuesday]

We find that P. A. Harmon has a
certificate of election under seal froni
the clerk of Franklin county, as be-
ing the duly elected member of this
convention for the counties of Frank-
lin, Phelps and Gosper, and we also
find that, from papers before us, the
seat of Mr. Harmon is contested, and
we recommend that Mr. Harmon is
entitled to said seat until this con-
vention otherwise determine. All of
which is respectfully submitted.

J. E. DOOM,
Chairman.

On motion the report of the com-
mittee on credentials was adopted.

On motion the roll was called.

Present, all the members, except
Mr. Harmon.

On motion the oath of office was
administered to tne members elect
by Justice Maxwell.

On motion the oath of office was
administered to Justice Maxwell by
Mr. Brown, clerk of the supreme
court.

Mr. Hinman moved that the con-
vention proceed to an informal ballot
for president, which was agreed to.

The oath of office was adminis-
tered to Mr. Harmon by Justice Max-
well.

uiT. Hinman moved that three tell-
ers be appointed by the president and
that the members deposit their bal-
lots as their names were called by
{he secretary.

The president appointed as tellers
Messrs. Hinman, Smith and Doom

[May 11

The convention proceeded to an
informal vote for president, by bal-
lot, with the following result:

Mr. Webster received 39 votes.

Mr. Manderson received 17 votes.

Mr. Van Wyck received 5 votes.

Mr. Gwyer received 3 votes.

Mr. Calhoun received 1 vote.

Mr. Rogers received 1 vote.

Mr. Conner received 1 vote.

Mr. Kirkpatrick received 1 vote.

Mr. Kirkpatrick moved that Mr.
Webster be declared president of tho
convention by acclamation.

Mr. Doom moved as an amendment
that the convention proceed to a
formal ballot for president.

Mr. Gwyer moved as an amend-
ment that the convention vote viva
voce.

Which question was agreed to is
amended.

Thereupon the convention pro-
ceeded to elect a president, viva voce.

Those voting for Mr. Webster were

Agur,

L/aird,

Becker,

Martin,

Carns,

Matthews,

Clark,

Maxwell,

Coates,

jVlcPherson,

Conner,

Munger,

Cummins,

Peery,

,Dawes,

Pierce,

Dunlap,

Pound,

Eldridge,

Powers,

Foss,

Rees,

IFTady,

Robertson,

Garber,

Sauls,

(Gere,

• Shedd,

Hamilton,

•Smith,

Harmon,

Sterns,

Harper,

Thorne,

Hawley,

Walther,

Hinman,

Walling

Huntei'r,

Warrington,

Kendall,

Weaver, .

Kirkpatrick,

vv^ilcox. — 44

Pirst Day

510 XEBEASKA CONSTITUTIONAL CONVENTIONS

Tuesday] First Day [May 11

Those voting for Mr. Manderson
v/ere

Abbott, Hopewell,

Boyd, Doom,

Briggs, Grebe.

Broad}-; Oreiiell,

Brown, Griffing,

Burtcb, Rogers,

Calhoun, Stevenson,

Hallner, ■ Thompson,

Harrington, Vallery,

Hay ward, Webster.' — 2 0.

Those voting for Mr. Brown were

Voting for
Wyck.— 1.

Voting for
Gwyer. — 1.

Voting for
Manderson.- — 1,

Voting for
Ewan. — 1.

Mr. Gwyer, :Mr. Va'

Mr. Kir kpat rick, .Mr

Clinton Briggs, My

Mr. Van Wyck, M

Mr. Webster having received a ma-
jority of all the votes of the members,
was thereupon declared duly elected
president of the convention.

There\ii)on Mr. Webster took the
chair as presiding officer of the con-
vention.

Mr. Doom moved that until further
ordered the rules of the last house
of representatives of this state, so far
as they shall be applicable, shall be
adopted for the government of this
convention; which was agreed to.

Mr. Gwyer moved that the conven-
tion proceed to the election of a
permanent secretary; which was
agreed to.

Thereupon the convention pro-
ceeded to elect a permanent secre-
tary, viva voce.

Abbott,

Harmon,

Briggs,

Harrington,

Broady,

Hayward,

Brown,

Hopewell,

Burtch,

Hunter

Calhoun,

Martin,

Dawes,

Matthews,

Dunlap,

Plunger,

Eldridge.

Rees,

Ewan

Rogers^

Foss,

Shedd,

Grebe,

Sterns,

Grenell.

Vallery,

Hallner,

Van ^^'yck. —

Those voting for Mr. Cassell

Agur,

Kirk])atrick,

Boyd,

Manderson,

Carns,

Peery,

Coates,

l^ierce.

Doom,

Pound,

Gere,

Stevenson,

Grilling,

Thompson,

Gwyer,

Wilcox. — 17

Hawley,

Those voting

for Mr. Eaton

Becker,

McPherson,

Conner,

r^axwell,

'^iimmins,

Powers,

Frady,

Robertson,

Garber,

Sauls,

""Hamilton,

Smith,

Harper,

Thorne,

Henry,

Walling.

' -nman.

Warrington,

Kendall,

Weaver,

Laird,

Webster. — 22

No person ha

ving received t

jority of all the votes cast, the

dent declared a

second ballot

in order.

Those voting for Mr. Brown

Abbott,

Calhoun,

Boyd,

Dawes,

Briggs,

Dunlap,

Broady,

Ewan,

Brown,

Foss.

Burtch,

Gere,

CONVENTION OF 1875

511

Tuesday]

First Day

[May 11

Grenell,

Griffing,

Gwyer,

Hallner,

Harmon,

Harrington,

Hawley,

Hay ward,

Hopewell,

Hunter,

Kirkpatrick,

McPherson,

Manderson,

MattTiews,

Those voting
Becker,
Coates,
Conner,
Cummins,'
Doom,
Eldndge,
Frady,
Garber,
Hamilton,
Harper,
Henry,
Hinman,
Kendall,

Munger,
Peery,
Pierce,
Pound,
Rees,
Rogers,
Shedd,
Sterns,
Stevenson,
Thompson,
Vallery,
Vian Wyck,
Mr. President.^ — ■
40 [39].

for Mr. Eaton were
Laird,
Martin,
Maxwell,
Powers,
Robertson,
Sauls,
Smith,
Thorne,
Walther,
Walling,
Warrington,
Vveaver,

Wilcox. — 26. .

Those voting for Mr. Cassell were
Agur, Clark. — 3.

Cams,

Mr. Brown having received a ma-
jority of all the votes cast, was de-
clared duly elected secretary of the
convention.

Mr. GwTer moved that the con-
vention proceed to the election of an
assistant secretary; which was agreed
to. Thereupon the convention pro-
ceeded to the election of an assistant
secretary and C. L. Mather was nomi-
nated by Mr. Gere.

Those voting for Mr. Mather were
Becker, Broady,
Boyd, Burtch,
Briggs. Calhoun,

Coates,

Conner,

Cummins,

Dawes,

Doom,

Dunlap,

Eldridge,

Ewan.

Foss,

Frady,

Garber,

Gere,

Grenell,

Griffing,

Gwye^-,

Hallner,

Hamilton,

Harmon,

Harper,

Harrington,

Hawley,

Hay ward,

Henry.

Hinman,

Hopewell,

Hunter,

Kendall,

Those voting
Abbott,
Brown,
Carns,
Clark,

Lairti

McPherson,

Manderson,

Martin,

Matthews,

Maxwell,

Munger,

Peery,

Pierce,

Powers,

Rees,

Robertson.
Rogers,
Sauls,
Shedd.
Smith,
Sterns,
Stevenson,
Thompson,
Thorne,
Van Wyck,
Walther,
Walling,
Warrington,
Weaver,
Wilcox,

Mr.President. — 61.

[60].

for Mr. Vedder were
Grebe,
Pouna,
Vallery. — 7.

Voting for Mr. Hohmann, Mr.
Kirkpatrick. — 1.

Mr. '..lather having received a ma-
jority of all the votes cast, was de-
clared duly elected assistant secre-
tary.

Mr. Van Wyck moved that the
further election of officers be post-
poned until tomorrow, which was
agreed to.

Mr. Abbott moved that a commit-
tee on rules, to consist of five ?3iem-
bers, be appointed by the chair, which
was agreed to.

512 NEBEASKA CONSTITUTIONAL CONVENTIONS

Wednesday]

Mr. Weaver moved that the mem-
bers retain the seats in the conven-
tion as now occupied.

Mr. Hinman moved as an amend-
ment that the members proceed to
draw for seats. The amendment was
lost. Question recurring on original
motion, it was agreed to.

The president appointed as com-
mittee on rules,

iMessrs. Abbott, Sterns, Robertson,
Conner and Gere.

Mr. Weaver moved that the secre-
tary of state be requested to label
the desks of the members with the
name and county of the occupant;
which was agreed to.

Mr. Van Wyck ottered the follow-
ing resolution which was adopted:

Resolved, That a committee of one
from each senatorial district be ap-
pointed by the president, whose duty
it shall be to report the best practi-
cal mode of proceeding to revise the
constitution, and that [the] com-
mittee report tomorrow morning.

The president announced as such
committee,

Messrs. Martin, Broady, Van
Wyck, Smith, Briggs, Hopewell, Hun-
ter, Munger, Becker, Dunlap, Pierce
and Laird.

Mr. Hopewell moved that the con-
vention adjourn until tomorrow
morning at 9 o'clock, which was
agreed to.

Thereupon at 6:85, p. m., the con-
vention adjourned.

— ^ , Secretary.

SECOND DAY.
Lincoln, May 12, 187r,.
The convention met pursuant to
adjournment and was called to or-
der by the president.

[May 12

The roll was called by the secre-

tary and there

were present.

Abbott,

Henry,

Agur,

Hinman,

Becker,

Hopewell,

Boyd,

Hunter,

Briggs,

Kendall,

Broady,

Kirkpatrick,

Brown,

MtcPherson,

Burtch,

Manderson,

Calhoun,

Martin,'

Carns,

Matthews,

Clark,

Maxwell,

Coates,

Munger,

Conner,

Peery,

Cummins,

Pierce,

Dawes,

Pound,

Doom,

Powers,

Dunlap,

Rees,

Eldridge,

Robertson,

Ewan,

Rogers,

Foss,

Sauls,

Frady,

Shedd,

Garber,

Smith,

Gere,

Sterns,

Grebe,

Stevensoii,

Grenell,

Thompson,

Griffing,

Vallery,

Gwyer,

Van Wyck,

Hallner,

Walthei.

Hamilton,

Walling

Harmon,

Warrington,

Harper,

Weaver,

Harrington,

Wiloox,

Hawley,

Mr. President. — 67.

Hayward,

1 >

Absent, Messrs. Laird and Thorn'^.

The journal of the preceding day
was read and approved as corrected.

The committee on rules submitted
the following report by Mr. Abbott,
its chairman.

Mr. President, your committee on
rules beg leave to report as follows:

Rules of the Convention.

Number 1. A majority of the
convention shall constitute a quorum,
but a smaller number may adjourn

Second Day

CONVENTION OF 1875

513

Wednesday] Second Day [May 12

from day to day, and compel the at-
tendance of the absent members.

No. 2. The convention shall keep
a journal of its proceedings, and pub-
lish them. The yeas and nays of the
members on any question shall, at
the desire of any three of them, be
entered on the journal.

No. 3. Any two members of the
convtntion shall have liberty to dis-
3*^nt and protest against any act or
resolution which they may think in-
jurious to the public, or to any in-
dividual, and to have the reasons of
their dissent, in respectful language,
entered on the journal, without de-
bate, whenever the same shall be
filed with the secretary.

No. 4. The convention may repri-
mand or censure its members for dis-
orderly behavior and. with the con-
currence of two-thirds of all the
members elected, expel a member,
md the reasons for such expulsion
shall be entered upon the journal,
with the names of the members vot-
ng on the question.

No, 0. The convention, during its
session, may punish by imprisonment
my person, not a member, who shall
36 guilty of disrespect to the same
3y any disorderly or contemptuous
jehavior in its presence; provided,
5uch imprisonment shall not at any
)ne time exceed twenty-four hours.

No. 6. The doorkeeper shall not
Dermit any person not a member of
:his convention to pass inside the
loor of the hall, except judges of the
'ederal and supreme courts of this
state, the acting governor, heads of
lepartments. (Members of the pres-
ent session of the legislature are al-
owed the privilege of the floor.)
members of the senate and house of
-enresentatives of the United States,
)fficers of the convention, and re-
porters of the press duly assigned as
mch by this convention.

No. 7. The president shall take the
chair every day, at the hour to which
:he convention shall have adjourned,
sliall immediately call the members
0 order, and on the appearance of a
lucrum shall cause the journal of

the preceding day to be read; and in
all cases, in the absence of a quorum,
the members present may take such
measures as shall be necessary to
procure the attendance of absent
members, and the convention may
adjourn from day to day until a
quorum shall be present.

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

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

No. 10. Questions shall be dis-
tinctly put in this form, viz: "As
many as are of the opinion that — (as
the case may be) — say 'aye';" and
after the affirmative voice is ex-
pressed, "As many as are of the con-
trary opinion say 'no.' " If the presi-
dent doubt, or a division be called for,
the convention shall divide; those in
the affirmative shall arise from their
seats, and afterward those in the
negative.

No. 11. The president shall ex-
amine and correct the journal before
it is read; he shall have general di-
rection of the hall; he shall have a
right to name any member to per-
form the duties of the chair, but such
substitution shall not extend beyond
one day, and such isubstitute shall
be vested during such time with all.
the powers of the president.

No. 12. All committees shall be
appointed by the president, unless
otherwise ordered by the convention.

No. 13. In case of any disturbance
or disorderly conduct in the gallery,
the president (or chairman of the
committee of the whole convention)
shall have power to order the same
to be cleared.

No. 14. The president shall assign
to the sergeant at arms and his as-
sistants their respective duties and
stations.

51-t NEBEASKA CONSTITUTIONAL CONVENTIONS

VVtdnesday] Second Day [May 12

No. 15. Whenever any member is
about to speak, or deliver any mat-
ter to the convention, he shall rise
from his seat and address himself to
"Mr. President," (not moving on the
floor) and shall confine himself strict-
ly to the proposition or propositions
immediately pending before the con-
vention.

No. 16. If any member in speak-
ing (or otherwise) trangress the
rules of the convention, the president
shall, or any other member may, call
him to order; and in which case the
member so called to order shall im-
mediately sit down, unless permitted
to explain; and the convention, if ap-
pealed to, shall decide on the case,
but without debate. If the decision
be in favor of the member so called to
order, he shall be at liberty to pro-
ceed, but not otherwise unless by
leave of the convention.

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

No. 18. Every member who shall
be within the hall of the convention
when a question shall be stated from
the chair, shall vote thereon, unless
he shall be excused, or be personally
interested in the question. No mem-
ber shall be obliged to vote on any
question unless within the hall when
the question shall be put; but in the
case of a division by yeas and nays,
may vote if present before the last
name shall be called. Any member
desiring to be excused from voting
must make his request before the
roll call shall be commenced. He may
then state concisely, without argu-
ment, his reasons for asking to be
excused, and the question for excus-
ing shall be taken without debate.

No. 19. When a motion is made it
shall be stated by the president, or
being made in writing, shall be hand-
ed to the secretary, and read aloud
before debate.

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

No. 21. When the yeas and nays
shall be taken on any question, no

member shall be permitted to vote
after the decision is announced from
the chair, unless by the unanimous
consent of the convention.

No. 22. After a motion is stated
by the president, or read by the sec-
retary, it shall be deemed in the
possession of the convention, and
may be withdrawn at any time be-
fore decision or amendment.

No. 2 4. A motion for adjourn-
ment shall always be in order, and be
decided, as well as the motion to lay
on the table, without debate.

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

No. 26. A motion to strike out
the proposition shall have precedence
of a motion to amend, and if carried
shall be deemed equivalent to its re-
jection.

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

No. 28. No person shall be per-
mitted to smoke in the convention
chamber, or to give any signs of
approbation or disapprobation, either
on the floor or in the gallery.

No. 29. It shall be the duty of the
secretary to keep a book, in which
he shall record all the proceedings of
the convention; and to do and per-
form all other acts appertaining to
his office, as may be required of him
by the convention, or its presiding
officer.

No. 3 0. It shall be the duty of the
sergeant at arms to attend the con-
vention during its sittings, to execute
the commands of the convention,

Wednesday]

Second Day

[May 12

from time to time, together with all
such process issued by authority
thereof as shall be directed to him
by the president.

No. 31. The standing committees
of the convention shall consist of the

following:

1. Judiciary and Judicial Dis-
tricts 13

2. Executive 9

3. Legislative 9

4. Electoral and Representa
tive Reform 7

5. ' The Right of Suffrage 7

6. Education, School Funds
and Lands 9

7. Municipal Corporations 7

8. Railroad Corporations 7

9. IMiscellaneous Corporations i

10. Revenue and Finance 7

11. Banks and Currency 7

12. State, County and Municipal
Indebtedness 7

13. Public Accounts • and Ex-
penditures 7

14. Military Affairs 7

15. Retrenchment and Reform.. 7

16. State and County Bound-
aries 7

17. Township or Precinct Or-
ganization 7

18. State Lands (other than
School Lands) 7

19. Congressional Apportion-
ment 7

20. Legislative Apportionment.. 13

21. Manufactures and Agricul-
ture 7

22. State Institutions and Pub-
lic Buildings 7

23. Penitentiary and Reforma-
tory Institutions 7

24. Bill of Rights 7

25. Federal Relations 7

26. Future Amendments 7

27. Printing and Binding 3

28. Roads 7

29. Internal Improvements 7

30. Reviision and Adjustment...... 7

31. Schedule 7

32. Miscellaneous Subjects 7

No. 32. If the question in debate
contains several propositions , any

member may have the same divided;
and on motion to strike out and in-
sert, it shall be in order to move for
a division of the question; and the
rejection of a motion to strike out
and insert one proposition shall not
prevent a motion to strike out and
insert a different proposition, nor
prevent a subsequent proposition
simply to strike out; nor shall the
rejection, of a motion simply to strike
out prevent a subsequent motion to
strike out and insert.

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

No. 34. When a question has been
once put, and carried in the affirma-
tive or negative, it shall be in order
for a member of the majority to
move for a reconsideration thereof;
but no motion for the reconsidera-
tion of any vote shall be in ord-or
after the expiration of two business
days. Such motic-n shall take prece-
dence of all other questions, except
a motion to adjourn.

No. 35. \v lien motions are made
for reference of the same subject to
a select committee and to a staniinq
committee, the question of reference
to a standing committee shall be
first put.

No. 36. All propositions presented
to the convention relating to the pro-
visions on the frame of the consti-
tution shall; in the first instance, be
referred to an appropriate standing
committee, without debate except as
to the committee to which the refer-
ence shall be made.

No. 3 7. Upon the call of the con-
vention, the names of delegates shall
be called over by the secretary, and
the absentees noted, aft^r whicn the
names of such absentees shall again
be called over. The doors shall then
be closed, and those for whom no ex-
cuse or insufficient excuses are made,
may, by order of those present, (if

516 NEBEASKA CONSTITUTIONAL CONVENTIONS

Wednesday] Second Day [May 1:

a quorum), be taken into custody, as
they appear, or may be sent for and
taken into custody, wherever to be
found, by the sergeant at arms of the
convention.

No. 38. In forming committee
of the whole, the president shall leave
the chair, and the chairman, to pre-
side in committee, shall be appointed
by the president.

No. 3 9. Upon propositions being
committed to committee whole,
they shall be first read throughout by
the secretary, and then again read
and debated by clauses, leaving the
preamble to be considered last. After
report of said committee, the propo-
sition shall again be subject to debate
or amendment before a question is

No. 40. The rules of parliament-
ary practice comprised in Cushing's
Manual shall govern the convention
in all cases in which they are appli-
cable and not inconsistent with the
standing rules and orders of the con-
vention.

No. 41. A motion to commit, until
it is decided, shall preclude all
amendments and debate on the main
question; and a motion to postpone
indefinitely or to a day certain, until
it is decided, shall preclude all
amendments on the main question.

No. 4 2. No motion or proposition
on a subject different from that un-
der discussion shall be admitted un-
der color of amendment.

No. 4 3. No rule of the convention
shall be altered, suspended or re-
scinded without the vote of two-thirds
■of the members present.

No. 44. The hours of meeting
shall be 9 a. m. and 2 p. m., unless
otherwise ordered.

ORDER OF BUSINESS.

No. 45.

1. Reading of the journal.

2. Communications and presenta-
tion of petitions.

3. Unfinished business of tlie previ-
ous day.

4. Reports of standing committees

5. Reports from select committees

6. Presentation of resolutions anc

propositions to amend the con

stitution.
No. 46. The previous questior
shall be always in order if the mo
tion therefor be, iseconded uy tec
members and shall be put m thij
form: "Shall the main question b€
now put?" and until it is decidec
shall preclude all amendments or de-
bate.

No. 47. When, on taking the pre-
vious question, the convention shai:
decide that the main question shii;
be now put, the main questi.^n shall
be considered as still remaining undei
debate".

No. 48. The effects [effect] of the
main question being ordered shall
be to put an end to all debate, and
bring the convention to direct vote —
first, upon all amendments reported
or pending, being first applied to the
amendment last moved, and then on
the main question.

No. 4 9. After the motion for the
previous question has prevailed, it
shall not be in order to move a call
of the convention prior to a ^l^cision
of the main question.

No. 50. Every article which it is
proposed shall form part of the con-
stitution shall be read the first and
second times and be referred to the
committee of the whole; and after it
shall have been considered in com-
mittee of the whole, and after the
amendments reported by the commit-
tee of the whole shall have oeen
acted on, it shall be open to amend-
ment, in the convention; and where
there are no further amendments, to
be proposed, the question shall b3 on
ordering the article to be engrosiSrd
for its third reading; and after tho
same shall have been engrossed the
same shall not be amended except by
the unamimous consent of the con-
vention. And after the article has
been read a third time and passe,d, it
shall be referred to the committee on

CONVENTION OF 1875

517

Wednesday]

Second Day

[May 12

revision and adjustment, who shall
report to the convention all such ver-
bal amendments as they shall deem
expedient not changing in. any man-
ner the substance of such article:
Provided, however, Thai this ruis
shall not be so construed as to pre-
vent a majority of the convention
from taking up the report of the
said committee, and making any al-
terations or amendments thereto.

A. H. CONNER,
W. H. STEPNS,
C. H. GERE,
W. M ROBER I SON,
O. A. ABBOTT, Chn.

Mr. Gwyer moved that the forego-
ing report be referred to the commit-
tee of the whole house, which wais
agreed to.

The committee on best mode of
proceeding to revise the constitution
submitted the following report by
Mr. Smith:

Mr. President and gentlemen of
the convention, your special commit-
tee to consider the best practical
mode of proceeding to revise the con-
stitution beg leave to report the fol-
lowing, to-wit: That your committee
would recommend to the convention
that they proceed to the business of
the same, by the appointment of the
following standing committees with
members corresponding, to-wit:

Judiciary, composed of 11 mem-
bers.

Legislative apportionment, com-
posed of 17 members.

Executive, ^

Legislative,

Finance,

Education,

Corporations,

State, County and
Municipal Indebted-
ness,

Future Amend-
ments,

Schedule. ^

Composed of
5 each.

Futher that the preamble, bill of
rights and all other subjects coming
before this convention for their con-
sideration be referred to this con-
vention as a committee of the whole.

C. H. VAN WYCK,

Chairman.

CLINTON BRIGGS,

MUNGER,

PIERCE,

MARTIN,

HOPEWELL,

SMITH,

LAIRD,

BROADY,

BECKER,

Committee.

Mr. McPherson asked leave of ab-
sence.

On motion of Mr. Kirkpatrick
leave of absence was granted to Mr.
McPherson.

Mr. Harrington offered the follow-
ing resolutions:

RESOLVED, That a special com-
mittee of five be appointed to hear
the evidence in the contested election
case from the district composed of
Franklin, Phelps and Gosper coun-
ties, and report, the same to the con-
vention.

On motion of Mr. Gwyer the reso-
lution was adopted.

Mr. KirkpatricK offered the follow-
ing resolution:

RESOLVED, That the secretary
of state be requested to furnish for
the use of this convention at his
earliest convenience an abstract of
the census of the state for 187 5,
noting therein the number of votes in
each county.

On motion of Mr. Stevenson the
foregoing resolution was adopted.

The presiaent appointed as a com-
mittee on tne contested election case,
Messrs. Harrington, Laird, Broady,
Gwyer and Maxwell.

518 NEBEASKA CONSTITUTIONAL CONVENTIONS

Wednesday]
*_

Mr. Coates moved that the conven"
tion proceed to complete the organ-
ization by the further election of of-
ficers, which was agreed to.

Mr. Weaver moved that the con-
vention proceed to elect a sergeant
at arms, which was agreed to.

Mr. Smith nominated Phelps Paine.

Mr, Laird nominated Geo. W. Rob-
erts.

Mr. Broady nominated E. E.
Ebright.

Thereupon, tne convention pro-
ceeded to elect a sergeant at arms,
viva voce, with the following results:

Those voting for Mr. Paine were

Becker,

ivirkpatrlck,

Brown,

Martin,

Burtch,

IMaxwell,

Carns,

Powers,

Eldridge,

Rees,

Frady,

Hobertson,

Harper,

Shedd,

Grebe,

omith.

Hallner,

Sterns,

mnman,

Vallery,

Hopewell,

AValther,

iKendall,

Walling,

AVeaver. — 2 5

Those voting for Mr. Roberts

Agur,

Hunter,

Briggs,

Laird,

Coates,

M unger.

Conner,

Peery,

Cummins,

Pierce,

Foss.

Pound.

Gere,

Sauls.

Grenell,

Thompson,

Hamilton,

Thorne,

Harrington,

Warring ton,

nawley,

Wilcox. — 22.

Those voting for Mr. Ebright

Abbott,

Ewan.

Boyd,

G rifling.

Broady,

G wyer,

Calhoun, Harmon.

jJawes, Hayward.

Doom, Henry,

Dunlap, Manderson,

[May 1:

Peery, Stevenson,
Rogers, Van Wyck,

Mr. President. — 19

Absent, Mr. McPherson.

(Clark, Grebe and Matthews were
omitted and Peery Avas counted twice
— Ed.)

No person having received a ma-
jority of all the votes cast, the presi-
dent declared no election.

Thereupon the convention pro-
ceeded to a second ballot for ser^
geant at arms, viva voce, with the
following result:

Those voting for ]\Ir. Paine were

Becker,

Kirkpatrick,

Brown,

Martin,

Burtch,

Maxwell,

Carns,

Powers,

Eklrige,

Robertson,

Frady,

Shedd,

Grebe,

Smith,

Hallnei',

Sterns,

Harpe; ,

V aller5^

Hinnian,

Walther,

Hopewell,

Walling,

Kendall.

Weaver.— 24

Those voting for Mr. Roberts were

Agur,

Hawley,

Briggs,

i-iunter.

Clar..,

Laird,

Coates,

Matthews,

Conner.

M unger,

v.u mmins,

Pierce,

Foss,

Pou nu,

(iarber.

^tees.

Gere.

Sauls.

u reiiell.

Thompson,

Hamilton,

Thorne,

Harrington,

Warrington,

Wilcox. — 2 5

Those vd'Jng [or Mr. Ebright were

Abbott.

VI wyer.

Boyd,

Harmon,

Broady.

Hayward,

Calhoun,

Henry,

Dawes,

ivlanderson.

Doom,

i^eery.

Duniap,

Rogers,

Kw.'in.

Stevenson,

Grifling:.

Van Wyck,

Mr.President. — 19.

Second Day

CONVENTION OF 1875

519

Wednesday]

Second Day

[May 12

i Absent, Mr. McPherson.
; No person having received a ma-
j jority of the votes cast, the president
i declared no election.

Thereupon the convention pro-
I ceeded to a third ballot for sergeant
j at arms, viva voce, with the follovv^-
I ing result:

Those voting for Mr. Paine were

Becker,

Hopewell,

Brown,

Kendall,

Burtch,

Kirkpatrick,

Calhoun,

Martin,

Carns,

Maxwell,

Coates,

Powers,

Doom,

Robertson,

Eldridge,

Shedd,

Prady,

Smith,

Grebe,

Sterns,

Hallner,

Vallery,

Harper,

Walther,

Hay ward,

Walling,

Hinman,

Weaver. — 2^

Those voting for Mr. Roberts were

Agur,

Laird,

Briggs,

Mpnderson,

Clark,

Munger,

Conner,

Pie."vc,

Cummins,

Pound,

Foss,

Rees,

Garber,

Rogers,

Gere,

Sauls,

Grenell,

Thompson,

Hamilton,

Thorne,

Harrington,

Van Wye ^,

Hawley,

'^Varringco 1

Hunter,

Wilcox. — 26.

Those voting for Mr. Ebright were

Abbott, Gwyer,

Boyd, Harmon,

Broady, Henry,

Dawes, Matthews,

Dunlap, Peery,

Twan, Stevenson,

Griffing, Mr.President. — 14.

Absent Mr. McPherson.
No person having received a ma-
jority of the votes cast, the president

declared no election and declared a
Eourth ballot in orcer.

Mr. Van Wyck moved that the votes
be cast for the two candidates paving
the highest number of votes; which
was agreed to.

Thereupon the convention pro-
ceeded to a fourth ballot for ser-
geant at arms, viva voce, with the fol-
lowing result:

Those voting for Mr. Paine were

Becker,

Hinman,

Boyd,

Hopewell,

Broady,

Kendall,

Brown,

Kirkpatrick,

Burtch,

Martin,

Calhoun,

Maxwell,

Carns,

Peery,

Coates,

Pierce,

Doom,

Powers,

Dunlap,

Rees,

Eldridge,

Robertson,

Ewan,

Shedd,

Prady,

Smith,

Grebe,

Sterns,

Hallner,

Vallery,

Harmon,

Walther,

Harper,

Walling,

Hayward,

Weaver. — 37

Henry,

Those voting for Mr. Roberts

Abbott,

Hunter,

Agur,

Laird,

Briggs,

Manderson,

Clark,

Matthews,

Conner,

Munger,

Cummins,

Pound,

Dawes,

Rogers,

Poss,

Sauls,

Garber,

Stevenson,

Gere,

Thompson,

Grenell,

Thorne,

Griffing,

Van Wyck,

Gwyer,

Warrington,

Hamilton,

Wilcox,

Harrington,

Mr.President.-

Hawley,

Absent, Mr. McPherson.

520 NEBRASKA CONSTITUTIONAL CONVENTIONS

Wednesday]

Second Day

[ilay 1

Mr. Paine, having received a ma-
jority of the votes cast, was declared
duly elected sergeant at arms.

Mr. Gwyer moved that the con-
vention proceed to elect an assistant
sergeant at arms, who shall also act
as postmaster.

Mr. Van Wyck moved to amend by
electing a doorkeeper who shall also
act as postmaster.

Mr. Gere moved to amend by
striking out the word postmaster.

The question being on the amend-
ment to strike out the word post-
master, it was lost.

The question recurring upon the
amendment of Mr. Van Wyck, the
amendment was adopted, and the
convention proceeded to the election
of a doorkeeper and postmaster.

The following named persons were
placed in nomination: W. J. Young,
Adam Bax, and J, W. McCabe.

Those voting for Mr. McCabe were
Abbott, Karmon,
Becker, Harper,
Broady, Hayward,
Calhoun, Henry,
Coates, Kendall,
Conner, Miatthews,
Cummins, Peery,
Dunlap, Rees,
Eldridge, Robertson,
Ewan, Rogers,
Frady, Smith,
Grenell, P ferns,

Griffing, Thorne,
Hallner, Van Wyck,

Hamilton, Walling,

Warrington. — 31 .

Those voting for Mr. Young Were
Agur, Hinman,
Briggs, Hopewell,
Burtch, Hunter,
Doom, Kirkpatrick,
Grebe, Sheaa,
Harrington, Maxwell,

Thompson, Walther,
Vallery, Weaver,

Wilcox. — 17.
Those voting for Mr. Bax were

Clark,

Dawes,

Foss,

Giarber,

Gere,

Gwyer,

Hawley,

Pierce,

Pound,

Powers,

Sauls,

Stevenson. — 12.

Those voting for Mr. McAuslan(
were

Boyd, Manderson,
Brown, Martin,
Laird, Munger,

Mr. President. — 1
Voting for Mr. Manly, Mr. Cams

Absent, Mr. McPherson.

No person having received a ma
jority of all the votes cast, the presi
dent declared a second ballot in or
der.

Thereupon the convention proceed
ed to a secona ballot for doorkeepe:
with the following result:

Those ^'^oting for Mr. McCabe wer(

Abbott,

Henry,

Becker,

Hunter,

Boyd,

Kendall,

Broady,

Laird,

Brown,

Manderson,

Calhoun,

Matthews,

Clark,

Munger,

Coates,

Peery,

Conner,

Pierce,

Cummins,

Pound,

Dunlap,

Powers,

Eldridge,

Rees,

Ewan,

Robertson,

Frady,

Rogers,

Gere,

Sterns,

Grenell,

Stevenson,

Griffing,

Thompson,

Hallner,

Thorne,

Hamilton,

Van Wyck,

Harmon,

Walther,

Harper,

Walling,

Hayward,

Warrington,

Mr. President. — 45.

CONVENTION OF 1875

521

Wednesday]

Second Day

[May r:

Those voting for Mr. Young were

Agur,

Briggs,

Burtch,

Doom,

Grebe,

Harrington,

Hinman,

Hopewell,

Kirkpatrick,

Maxwell,

Shedd,

Smith,

Vallery,

Weaver,

Wilcox. — 15.

Those voting for Mr. Bax were
Dawes, Gwyer,
Foss, Hawley,
Garber, Sauls. — 6.

Voting for Mr. Manly, Mr. Carns.

Voting for Mr. Moudy, Mr. Martin.
^ Absent, Mr. McFberson.

Mr. McCabe having received a ma-
jority of the votes cast was declared
duly elected doorkeeper and post-
master.

Mr. Weaver moved that the presi-
ient appoint two pages.

Mr. Kirkpatrick moved to amend
)y striking out the word two and in-
lerting the word three. The motion
LS amended was agreed to.

Mr. Doom moved that the conven-
ion resolve itself into a committee
f the whole house to consider —
'hich was agreed to.

Thereupon the convention resolved
tself into a committee of the whole
lOuse with Mr. Doom in the chair.

After some time spent therein, the
ommittee arose and by its chairman
eported progress and asked leave to
it again.

On motion the convention took a
3cess until 2 o'clock p. m.

AFTER RECESS.

Two o'clock p. m.
Convention called to order by the
resident.

The president announced the ap-
pointment of the following pages: R.
C. Talbot, Edward Bragg, and Rich-
ard Miller.

Mr. Weaver moved that the secre-
tary of state be requested to have
the hall of the convention room cared
for without expense to the conven-
tion; which was agreed to.

Mr. Robertson offered the follow-
ing resolution; which was adopted.

RESOLVED,That the pastors of the
respective churches in this city be re-
quested to act alternately as chaplain
of this convention, they to arrange
as to the days on which each shall
so act, provided they act without ex-
pense to the state.

Mr. Weaver moved that the oath
of office be administered to the of-
ficers of the convention.

Thereupon Mr. Justice Maxwell
proceeded to administer the oath of
office to the officers of the conven-
tion.

Mr. Doom moved that the conven-
tion resolve itself into a committee
of the whole house to consider re-
ports of committee on rules; which
was agreed to.

Thereupon the convention resolved
itself into a committee of the whole
house with Mr. Doom in the chair.

After some time spent therein the
committee arose and submitted the
following report, by its chairman:

Mr. President, the convention in
committee of the whole house have
had under consideration the report
of the committee of twelve upon rules
and recommend that it be indefinitely
postponed.

522 NEBEASKA CONSTITUTIONAL CONVENTIONS

Thursday] Third Day [May

They have also had under consider-
ation the report of the committee of
five on rules and made sundry
amendments to said rules and recom-
mend that the same be adopted as
amended.

J. E. DOOM, Chairman.

Mr. Abbott offered the following
resolution; which was adopted:

RESOLVED',, That the report of the
committee on rules, as amended by
the committee of the whole, be
adopted and that two hundred copies
of the same be ordered printed for
the use of members, together with
the names of the gentlemen compos-
ing the several committees.

On motion of Mr. Harrington, the
convention, at 5 o'clock p. m., ad-
journed.

THIRD DAY.
Thursday,

May 13,

Lincoln, Neb.,
1875.

Convention met pursuant to ad-
journment and was called to order
by the president.

The roll as called by the secre-

tary and

there were

PRESENT

Abbott,

Dunlap,

Agur,

Eldridge,

Becker,

Ewan,

Boyd,

Foss,

Briggs,

Frady,

Broady,

Garber,

Brown,

Gere,

Burtch,

Grebe,

Calhoun,

Grenell,

Cams,

CJriffing,

Clark,

Gwyer,

Coates,

Hallner,

Cummins

Hamilton

Dawes,

Harmon,

Doom,

Harper,

Harrington,

Rees,

Hawley,

Robertson, .

Hayward,

Rogers,

Henry,

Sauls,

Hinman,

Shedd,

Hopewell,

Smith,

Hunter,

Sterns,

Kendall,

Stevenson,

Kirkpatrick,

Thompson,

Laird,

Thorne,

Mianderson,

Vallery.

iviarLin,

Van Wyck,

Matthews,

Walther,

Maxwell,

Walling,

Munger,

Warrington,

Peery,

Weaver,

Pound,

Wilcox,

Powers,

Mr. President. —

ABSENT.

Conner,

Pierce. — 2,

Absent Vv^ith leave, Mr. McPherso

Journal read and approved.

Mr. Weaver moved a reconsider
tion of the vote by which the resol
tion ordering the printing of two hu
dred copies of the rules was passe

Mr. Abbott moved to amend 1
striking out all of the resolution aft
the word adopted; which amendme
was concurred in, and the motion
amended was agreed to.

Mr. Hinman asked for and receiv
leave of absence until Monday
three o'clock.

On motion of Mr. Briggs, the co
vention took a recess until 2 o'clo
p. ni.

Afternoon Session.

Two o'clock p. m.
Convention called to order by t
president.

CONVENTION OF 1875

523

Thursday]

Third Day

[May ?i

Roll call by the secretary.
PRESENT.

Abbott,

' Hunter,

Agur,

Kendall,

Becker,

Kirkpatrick,

Broady

Laird,

Burtch,

McPherson,

Calhoun,

Manderson,

Cams,

Martin,

Clark,

Matthews,

Coates,

Maxwell,

Conner,

Munger,

Cummins,

Peery,

Dawes,

Pierce,

Doom,

Pound,

Dunlap,

Powers,

Bldridge,

Rees,

Ewan,

Rogers,

Foss,

Sauls,

Prady,

Shedd,

Garber,

Smith,

Gere,

Sterns,

Grebe.

Stevenson,

Grenell,

Thompson,

'^T'l ffi n o"

1 iiui ntj,

V_T VV J t/ 1 ,

V ctiici y ,

T-T Q 1 1 Tl O V

n d J J 11 tr 1 ,

STlci 111 1 I LUll ,

VV 'dl Lllc 1 ,

Harper,

Walling,

Harrington,

Warrington,

Hawley,

Weaver,

Hayward,

Wilcox,

Henry,

Mr. President. —

Hopewell,

ABSENT.

Boyd,

Harmon,

Briggs,

Hinman,

Brown,

Robertson. — 6.

STANDING COMMITTEES.

The president announced the fol-
lowing committees, the first named
In each being chairman of the same:

I. Judiciary.

Maxwell,

Briggs,

tVeaver,

iayward,

Donner,

Stevenson,

Laird,

Pound,

Smith,

Broady,

Rees,

Powers,

Hinman.-

2. Executive.

Manderson,

Sterns,

Matthews,

Wilcox,

Stevenson,

Munger,
Hayward,
Shedd,
Thorne. — 9,

The Risht of Suffrage.

Clark,

Warrington,

Harmon,

Sterns,

Burtch,
Grebe,
Ewan. — 7.

6. Education, School Funds and
Lands.

Abbott,
Harrington,
Frady,
Dawes. — ^9.

Walther,
Gwyer,
Gere,
Hopewell,
Munger,

-13.

13. Public xlccounts and Expendi-
tures.

Cummins,

Pound,

McPherson,

Peery,

Powers,
Grenell,
Sauls. — 7.

14. Military Affairs.

Coates, Cams,
McPherson, Clark,
Dunlap, Burtch. — 7.

Van Wyck,

15. , Retrenchment and Reform.

Shedd, Foss,
Hayward, Harper,
Manderson, CnrLy. — 7.

Hamilton,

21. 3Ianufactures and Agriculture.

Martin, Hallner,
Harner, Grebe,
Becker, Hamilton. — 7.

Garber,

22. State Institutions and Public
Buildings.

Garber, Becker,
Gwyer, Pierce,
Rogers, Ewan. — 7.

Maxwell,

524 NEBRASKA CONSTITUTIONAL CONVENTIONS

rriday]

Tourth Day

[May U

23.

Penitentiary
Institutions.

Dunlap,
Sauls,
Pound,
Vallery,

and RtiOrinatoiy

Hopewell,
Eldridge,
Grenell. — 7.

25. Federal Relations,
Hunter, Peery,
Boyd, Thorne,
Walther, Hallner. — 7.

Agur,

37. Printing ami Rinding.
Calhoun, Grebe. — 3.

Pierce,

28. Roads.

Thorne,
Becker,
Vallery,
Hawley,

Peery,
Walling,
Henry. — 7.

29. Internal Improvements.

McPherson, Sterns,
Coates, Vallery,
Munger, Rees. — 7.

Gwyer,

30. Revision and Adjustment.

Van Wyck,
Brown,
Abbott,
Sauls,

31. Schedule.

Weaver,
Smith,
Dawes,
Laird.

Ewan,
Powers,
Foss. — 7.

Harper,
Brown,
Kendall. — 7.

32. Miscellaneous Subjects.

Gere, Hamilton,
Briggs, Walther,
Clark, Thompson. — 7.

Doom,

Mr. Doom offered the following
resolutioi which, on motion of Mr,
Coates, was adopted.

RESOLVED, That the auditor of
state be, and he is hereby requested
to communicate to this convention,

The amount of the appropriation
made by the last legislative assembly
for each of the public institutions,
and each department of the state
government.

Also, the amount to whom, what
department of state government, or
public institution, for what service,
or material, warrants have been
drawn, since January 1st, 187 5. The
same to be so arranged as to show
the total amount drawn for each de-
partment or institution.

Also, whether the warrants so
drawn represent the total expendi-
tures of such department or institu-
tion up to the 1st day of May, 18 7 5.
If not, that the auditor report to the
convention all the information in his
possession on that subject.

Mr. Laird offered the following
resolution which, on motion of Mr.
Gwyer, was laid on the table.

RESOLVED, That a committee of
three be appointed to confer with
Messrs. Dawson & Brother concern-
ing phonographic reports of the pro-
ceedings and debates of this conven-:
tion and report at once.

Ma-. Abbott offered the following
resolution which was adopted.

RESOLVED, That the secretary oi
state be requested to furnish eacli
member of the convention with a
copy of state immigration map.

On motion of Mr. Gwyer the con-
vention adjourned at 2:30 p. m. ,
until tomorrow morning at 7 o'clock

FOURTH DAY.

Lincoln, I\lay 14, 1875.
Convention met pursuant to ad-iii
journnient, and was callcMl to ord<^lj
by the president. i

CONVENTION OF 1875

525

Friday] Fourth Day [May 14

The roli was called and there were

PRESENT

Ahhntt

Henry,

n. upcwcii.

Becker

T-T n n tPT*

x± till LtJl ,

Boyd

T-i Tl O'CC

Kirkpa trick,

Jjl (JaUy ,

Laird,

Rn rtph

-L> U X Li^

Manderson,

1 V» mi n

Martin,

d 1 11 £3 ft

IMdl/Lllc Wib,

Maxwell,

Munger,

^ T1 VI OT*

V^Ullllt!! ,

Peery,

U. Ill 111111b,

Pierce,

l_-'Cl W Cb,

Pound,

Doom,

Powers,

"Pin n 1 Q r\

i-* u 11 1 d y ,

Rees,

TniH'rifip'P

XUlli.1 ILl^C,

XVUIJcl LbUll,

S2j Wldll,

xvogei s.

Foss,

Qonlcp

oauis,

f Q f? V

i' 1 du.j' ,

oneQu,

VTdl Ucl ,

O ill 1 L 11 ,

Gere

o terns,

Grebe

OtcVtJllbUll,

Grenell,

Thompson,

Grifiing,

Thorne,

Gwyer,

Vallery,

Hallner,

Van Wyck,

Hamilton,

Walther,

Harmon,

Walling,

Harper,

Warrington,

Harrington,

Weaver,

Hawley,

Wilcox,

Hayward,

Mr. President. — 66

ABSENT.

Brown. — 1.

Absent with leave, Messrs. Grebe,
Hinman and McPherson. [Grebe is
counted as present above. — Ed.]

Journal read and approved.

STANDING COMMITTEES— GON-
. TINUED.

The president announced the fol-
lowing committees, the first named

therein to act as chairman of the
same.

3. Legislature.

Smith,

Gere,

Calhoun,

Prown,

^•hedd.

Coates,
Kendall,
Becker,
Hinman. — 9.

Electoral and Representative Re-
form.

Eldridge,
Grifiing,

Warrington. — 7.

Kirkpatrick
Abbott,
Doom,
Cummins,

7. Municipal Corporations.

Pierce,
Rogers,
Thompson,
Dawes,

8- Railroad

Boyd,
Pierce,
Calhoun,
Foss,

Dunlap,
Brown,
Hallner. — 7.

Corporations.

Powers,
Cummins,
Harmon. — 7.

9. Miscellaneous Corporations.

Robertson, Calhoun,
Agur, Henry,
Grenell, . Pound. — 7.

Abbott,

10. Revenue and Finance.

Conner, Martin,
Boyd, Kendall,
Doom, Henry. — 7.

Robertson,

11. Banks and Currency.

Briggs, Hopewell,
Maxwell, Sauls,
Kirkpatrick, Rees. — 6.

12. State, County and Municipal In-
debtedness.

Hinman, Griffing,

Rogers, Thompson,

Hawley, Kirkpatrick.-^7.
Stevenson,

526 NEBRASKA CONSTITUTIONAL CONVENTIONS

Friday]

16. State, Covmties, and Coiintj
Boundaries.

Agur, Eldridge,
Wilcox, Hamilton,
Martin, Peery. — 7,

Hallner,

17. ToAATiship and Precinct Organi-
zations.

Dawes, Harrington,
Kendall, Thompson,
Munger, Vallery. — 7.

Hunter,

18. State Lands, Other than School
Lands.

Wilcox, Vallery,
Weaver, Warrington,
Henry, . Prady. — 7.

Rees,

1^. Congressional Apportionment.

Walling, Clark.
Dunlap, Burtch,
Foss, Matthews. — 7.

Doom,

20. Legishitive Appoi tionment.

Laird, Conner,
Gwyer, Hopewell,
Van Wyck, Carns,
Robertson, Garber, '

Hinman, Matthews
Walther, Hunter. — 13.

Hawley,

24. Bill of Bights.

Harrington, Hawley,
Manderson, Cams,
Broady, Griffing, -7.

Frady,

20. Future Ainoiidiiients.

Broady, Wiarrington,
Stevenson, Harrington,
Hayward, Harmon. — 7.

Grebe,

Mr. Doom offered the following
resolution, which, upon; motion of

IMay 14

Mr. Calhoun, was referred to the com-
mittee on federal relations.

RESOLVED, That the committee
on rights of suffrage be requested to
inquire into the expediency of provid-
ing a means by which' the people of
this state may express their prefer-
ence for United States senators from
this state.

Mr. Doom offered the following
resolution, which was referred to the
committee on accounts and expendi-
tures.

RESOLVED, That the committee
on accounts and expenditures be re-
quested to inquire into the propriety
of, and report to this convention
provisions by which the incumbents
of the various state and county of-
fices shall receive compensation ac-
cording to the duties and labor of the
office.

Also, provisions absolutely pro-
hibiting the legislature from in-
creasing such compensation during
the term of the incumbents bj
granting, either directly or indirect-
ly, any extra compensation for clerk
hire, incidental or contingent ex-
penses, except as provided in this
constitution.

Also, as to the propriety of creatH
ing a board to pass upon irregulai
claims, said board reporting such as
found equitable to the legislature.

Mr. Coates, from the committee om
military affairs, submitted the fol-
lowing report, which was read a first
and second time, and referred to the
committee of the whole house.

Sec. 1, The militia of the state ot
Xebraska shall consist of all able-
bodied male persons residing in thG]
state, between the ages of eighteen:
and forty-five — except such personSj
as now are or may hereafter be ex-
empted by the laws of the United!
States or this state. '

Pourth Day

CONVENTION OF 1875

527

Friday]

rourth Day

[May 14

Sec. 2. The military shall be in
strict subordination to the civil
power.

Sec. 3. No soldier shall in time of
rpeace be quartered in anyi house
without the consent of the owner, nor
in time of war, .except in the manner
prescribed by law.

Mr. Abbott moved that there be or-
dered printed 100 copies of the re-
[»ort of the military committee, which
was not agreed to.

Mr. Martin moved a reconsidera-
tion of the vote on the resolution rel-
ative to requiring certain reports
from the auditor of state and other
Btate officers.

The yeas and nays being demanded.

those voting in

the affirmative

Boyd, ■

Pierce,

Briggs,

Pound,

Burtch,

Robertson,

Calhoun,

Rogers,

Eldridge,

Sauls,

Garber,

Smith,

Gere,

Sterns,

Gwyer,

Stevenson,

Harper,

Thorne,

Hawley,

Vallery,

Kendall,

Walther,

Laird,

Walling,

Manderson,

Warrington.

Martin,

Weaver. — 29

Munger,

Those voting in the negative

Abbott,

Ewan,

Agur,

Foss,

Becker,

Prady,

Broady,

Grenell,

Cams,

Griffing,

Clark,

Plallner,

Coates,

Hamilton,

Conner,

Harmon,

Cummins,

Harrington,

Dawes,

Hayward,

Doom,

Henry,

Dunlap,

Hopewell,

Hunter,

Kirkpatrick,

Matthews,

Maxwell,

Peery,

Powers,

Absent,
Brown,
Grebe,

Recs,
Shedd,
Thompson,
Van Wyck,
Wilcox,

Mr.President. — 36.

Hinman,
McPherson. — 4.

Mr. Laird offered the following
resolution, which was adopted.

RESOLVED, That the Rev. John
W. Ellis, of Liiicoln, be ir.vited by
this convention to tal^e cliarge of the
chaplaincy of this body.

Mr. Manderson asked for and re-
ceived leave of absence until Monday
afternoon.

On motion, the convention resolved
itself into a committee of the whole
house on the report of the military
committee, with Mr. Gere in the
chair.

After some time spent therein the
committee arose and, by its chair-
man, submitted the following report:

Mr. President, the convention in
committee of the whole have had un-
der consideration the report of the
committee on military affairs and rec-
ommend the following substitute for
section one.

Sec. 1. The legislature shall de-
termine what persoiis shall coiiScitute
the militia of me state ,ind may pro-
vide for organizing and disciplining
the same.

C. H. GERE, Chairman.

On motion of Mr. Stevenson, the
report was adopted.

Mr. Henry moved that the conven-
tion adjourn until Monday at 3
o'clock.

528 NEBRASKA CONSTITUTIONAL CONVENTIONS

Friday]

Fourth Day

[May 14

The yeas and nays being demanded,

that names of members can be placed

the vote stood as follows:

thereon.

Mr. Gere moved that the president

YEAS.

appoint a standing committee of five

Agur,

Maxwell,

on engrossment and enrollment;

Broady,
Conner,

Van Wyck,

which was agreed to.

Dunlap,

Wilcox. — 9.

The report of the military commit-

Henry,

tee was referred to the committee on

NAYS.

engrossed and enrolled bills.

Hopewell,
Hunter,

Mr. Grenell

moved that the com-

Abbott,
Becker,

mittee on engrossed and enrolled bills

Boyd,

Kendall,

be authorized to employ such clerical

Briggs,

Kirkpatrick,

force as deemed necessary.

Burtch,

Laird,

The yeas and nays being demanded

Calhoun,
Carns,

Martin,
Matthews,

the vote resulted as follows:

Clark,

Munger,

YEAS.

Coates,

Peery,

Abbott,

Henry,

Cummins,

Pierce,

Agur,

Hopewell,

Dawes,

Pound,

Becker,

Hunter,

Doom,

Powers,

Briggs,

Kendall,

Eldridge,

Rees,

Broady,

Kirkpatrick,

Ewan,

Robertson,

Calhoun,

Laird,

Foss,

Sauls,

Carns,

Martin,

Frady,

Shedd,

Clark,

Matthews,

Garber,

Smith,

Coates.

Maxwell,

G-ere,

Sterns,

Conner,

Munger,

Grenell,

Stevenson,

Cummins,

Pierce,

Griffing,

Thompson,

Dawes,

Pound,

Gwyer,

Thorne,

Doom,

Powers,

Hallner,

Vallery,

Dunlap,

Rees,

Hamilton,

Walt her,

Eldridge,

Robertson,

Harmon,

Walling,

Ewan,

Rogers,

Harper,

Warrington,

Foss,

Sauls,

Harrington, Weaver,

Frady,

Smith,

Hawley,

Mr. President. — 55.

Garber,

Sterns,

Hayward,

Gere,

Thompson,

ABSENT.

Grenell.

rrhorne.

Brown,

[McPherson],

Griffing,

Vallery,

Grebe,

Manderson. — 5.

C wyer.

Walt her.

Hinman,

Hallner,
Hamilton,

Walling,
Warrington,

Mr. Gwyer offered the following

Harmon,

Weaver,

resolution.

which, on motion, was

Harper,

Wilcox,

adopted.

Harrington,
Hawley,

Mr. President. — 56
[57.1

RESOLVED. That the secretary of

NAYS.

state be requested and authorized to

Boyd,

Shedd.

fit the desks of the members of the

Burtch,

Stevenson.

convention

with locks and k(n's. an'^

Hayward,

Van Wyck. — 7.

that desks

be fitted with railings so

Peery,

CONVENTION OF 1875

529

Saturday] Fifth

ABSENT.

Brown, McPherson.
Grebe, Manderson. — 5.

Hinman,

The president appointed as com-
mittee on engrossed and enrolled
bills,

Gwyer, Cams,
Van Wyck, Hunger.
Rees,

Mr. Foss asked for and received
leave of absence.

Mr. Weaver moved that when the
convention adjourn it be until to-
morrow morning at 9 o'clock, which
was agreed to.

Mr. Hayward moved that leave of
absence be granted to Mr. Rogers
until Monday at 2 o'clock; which was
agreed to.

On motion, at 11:15, a. m., con-
vention adjourned until tomorrow
morning at 9 o'cIock.

FIFTH DAY.

Lincoln, May 15, 1875.
The convention met pursuant to
adjournment and was called to order
by the president.

The roll was called and there were

PRESENT

Abbott,

Conner,

Becker,

Cummins

Boyd,

Dawes,

Briggs,

Doom,

Broady,

Dunlap,

Brown,

Eldridge,

Burtch,

Ewan,

Cams,

Frady,

Clark,

Garber,

Coates,

Gere,

Day

[May 1-5

Grebe,

Pierce,

Grenell,

Pound,

Griffing,

Powers,

Gwyer,

Rees,

Harmon,

Robertson,

Harper,

Sauls,

Harrington,

Shedd,

Hailner,

Smith,

Hamilton,

Sterns,

Hayward,

Stevenson,

Henry,

Thompson,

Hopewell,

Thorne,

Hunter,

Vallery,

Kendall,

Van Wyck,

Kirkpatrick,

vv aimer,

Martin,

Walling,

Matthews,

Warrington,

Maxwell

Weaver,

Munger,

Wilcox,

Peery,

Mr.President. — 60.

ABSENT

Agur,

Hawley,

Calhoun,

Laird. — 4.

ABSENT WITH LEAVE

Foss, Manderson.
Hinman, Rogers. — 5.

McPherson,

Prayer by Rev. Mr. Ellis.

Journal read and approved.

Mr. Gwyer, from the committee
on engrossment and enrollment, sub-
mitted the following report:

Mr. President, the committee on
enrolled and engrossed bills respect-
fully report that they have examined
and compared the original and find
that the article on militia is correctly
engrossed.

WM. A. GWYER, Chairman.

Thereupon the article upon militia
was read the third time, the question
being upon its adoption.

530 XEBEASKA CONSTITUTIONAL COXVEXTIOXS

Saturday]

Fifth Day

[May 15

Those voting in the affirmative
were

Abbott,

Becker,

Boyd.

Eriggs,

Broady,

Brown,

Burtch.

Calhoun,

Cams.

Clark.

Coates,

Conner.

Cummins,

Dawes,

Doom.

Dimlap.

Eldridge,

Ewan,

Frady.

Oarber,

Gere.

Grebe.

Grenell,

Griffing,

Gwyer.

Hallner.

Hamilton.

Harmon.

Harper.

Harrington,

Hawlev.

Hay Ward,
Henry,
Hopewell,
Hunter,

Kendall, •

Kirkpatrick,

Laird.

Martin.

Matthews,

^laxwell,

Munger.

Peery.

Pierce.

Pound.

Powers.

Rees,

Robertson,

Sauls.

Sbedd.

Smith.

Stevenson.

Thompson.

Thorne.

Yallery.

^'an Wyck.

Walther.

Walling.

Warrington,

Weaver,

Wilcox.

Mr. President. — 6:

Voting in the negative
Sterns. — 1 .
Absent,

Agur, :'k'Pherson,
Foss. Manderson.
Hinman, Rogers. — 6.

A majority of the members voting
therefor, the article was adopted and
referred to fhe committee upon re-
vision and adjustment.

On motion of :\Ir. Weaver, leave of
absence was granted Mr. Hawley.
" The special committee on contested
election submitted a report which, on
motion of Mr. Maxwell, was recom-
mitted to said committee.

Leave of absence was granted Mr,
Broady until Monday at 3 o'clock.

Mr. Boyd moved that when the con-
vention adjourned it be until 3:.30,
Monday, May 17th.

The yeas and nays being demanded

the vote resulted

as follows:

Those voting

therefor were

Abbott,

Hawley.

Becker,

Hopewell.

Boyd.

Kendall.

Broady,

Maxwell,

Brown,

Munger.

Burtch.

Pierco.

Calhoun,

Shedd,

Carns.

Smith,

Conner.

Stevenson.

Cummins.

Van Wyck,

Dawes,

Wilcox,

Grebe,

Mr. President

Harmon.

Voting in the negative were

Briggs.

Kirkpatrick,

Clark.

Laird,

Coates.

Martin,

Cummins,

[Matthews,

Doom,

Peery,

Dunlan.

Pound.

Eldridge,

Powers.

Ewan,

Rees,

Frady,

Robertson,

Oarber.

Sauls,

Gere.

Sterns,

Grenell.

Tbompson,

Griffing,

Thorne.

Gwver.

^'allery.

'-lallner.

Walthtir.

Hanrlton.

WiHling.

Harjer,

Warrington.

Henry.

Weaver. — 3 9.

Hunter.

-24.

[37.]

A majority of the members present
voting in the negative, the motion
was lost.

Leave of
Van Wyck.
Bovd.

absence was granted
Smith.— 3.

CONA^XTIOX OF 1875

531

"Saturday]

rifth Day

[May 15

Mr. C'renell moved that when the
convention adjourn, it be until 3
o'clock, p. m., Monday, Mav 17th.

The yeas and
those voting in
Abbott,
Becker,
Boyd,
Briggs,
Broady,
Brown,
Burtch,
Calhoun,
Cams,
Conner,
Dawes,
Dunlap,
Garber,
Gere,
Grebe,
Grenell,
Gwyer,

nays being demanded,
the affirmative were
Harmon,
Henry,
Hopewell,
Kendall,
Laird.
Maxwell,
Munger,
Pierce,
Shedd,
Smith,
Stevenson,
Thorne,
Van Wyck,
Availing,
Wilcox,

Mr. President. — 34
[33.]

Those voting in the negative were

Clark, 1

Martin,

Coates, '

Matthews,

Cummins.

Peery,

Doom,

Pound,

Eldridge,

Powers,

Ewan,

"Rees.

Frady,

Robertson,

Griffing,

Sauls,

Hallner,

Sterns,

Hamilton.

Thompson,

Harper,

Vallery.

Harrington,

Walther.

Hay ward,

Warrington.

Hunter,

Weaver. — 2 9

Kirkpatrick.

Mr. Gere offered the following res-
olution:

RESOLVED, That the special com-
mittee on contested election be au-
thorized and empowered to send for
persons and papers in the case of the
contested seat of the member for
Franklin, Phelps and Gosper coun-
ties.

Mr. Boyd moved that the resolution
be indefinitely postponed.

Mr. Gwyer moved that the motion
to indefinitely postpone be laid on the
table.

The motion was sustained and the
question being upon the adoption of
the resolution, Mr. Abbott offered the
following amendment:

"And that said committee proceed
to examine all proof brought before
them by the contestants at the cost of
the contestants."

The amendment was lost, and, the
question recurring upon the original
resolution, it was adopted.

Mr. Gwyer moved that the com-
mittee on cont».sted election be al-
lowed to report at this time.

Thereupon Mr. Harrington, from
the committee upon contested elec-
tions, submitted the following re-
port :

Your committee to whom was re-
ferred the contested election case
from the counties of Franklin,
Gosper and Phelps, where J. F. Zed-
iker is contesting the right of F. A.
Harmon to a seat in this convention,
beg leave to report that upon the evi-
dence now before the committee, we
are unable to found a report and
would respectfully recommend that
no further action be taken by the
convention until further testimony be
taken. And we further recommend
that the parties contesting be direct-
ed to take the testimony of the coun-
ty clerk of Gosper county in relation
to the facts of certain election re-
turns of said Gosper county, or that
said clerk be brought in person be-
fore your committee, and also to give
said parties an opportunity to pro-
duce such other testimony as they
may desire.

R. B. HARRINGTON, Chairman.
Mr. Abbott moved a reconsidera-
tion of the vote adopting a resolution

532 NEBRASKA CONSTITUTIONAL CONVENTIONS

Monday] Sixth Day

relative to a report from the state
auditor offered by Mr. Doom May
13th; which was lagreed to.

The question being upon the adop-
tion of said resolution, Mr. Hayward
offered the following as a substitute:

RESOLVED, That a special com-
mittee, consisting , of Mr.. Doom of
Gage, be appointed to ascertain and
report the appropriations for, and ex-
penses of tlie executive department of
the state from January 1st, 1875, to
May 1st, 1875.

The president ruled the substitute
out of order.

Mr. Gwyer moved to strike out all
after the first section of said resolu-
tion; which was agreed to.

The -queiStion being upon the adop-
tion of the resolution as amendecl, it
was agreed to.

The resolution, as amended, being
as follows, was adopted.

RESOLVED, That the aud'tor of
state be and he is hereby requested
to communicate to this convention
the amount of the appropriations
made by the last legislative assembly
for each of the public institutions
and each department of the state
government.

Mr. Boyd offered the following res-
olution which was adopted.

RESOLVED, That the secretary of
state be and he is hereby requested
to report to this convention all ex-
penses already incurred or contracted
for by him for the convention and
that nothing more be furnished or
contracted for unless ordered by the
convention.

Mr. Munger moved that the con-
vention do now adjourn.

The motion was sustained and the
convention, at 10:40 a. m., stood ad-
journed until 3 o'clock p. m., Monday,
May 17th.

[May IT

SIXTH DAY.

Lincoln, May 17th, 1875, 3 p. m.

Convention met pursuant to ad-
journment and was called to order
by the president.

The roll was called and there were

PRESENT

Abbott,

Heniy,

Agur,

Hinman,

Becker,

Hopewell,

Boyd,

Hunter,

Broady,

Kendall,

Brown,

Kirkpatrick,

Burtch,

Laird,

Calhoun,

McPherson,

Carns,

Martin,

Clark,

Matthews,

Coates,

Maxwell,

Conner,

Munger,

Cummins,

Peery,

Dawes,

Pierce,

Doom,

Pound,

Dunlap,

Powers,

Eldridge,

Rees,

Ewan,

Robertson,

Foss,

Sauls,

Frady,

Shedd,

Garber,

Smith,

Grebe,

Sterns,

Grenell,

Stevenson,

Griffing,

Thompson,

Gwyer,

Thorne,

Ha liner,

Vallery,

Hamilton,

Walther,

Harmon,

Warrington,

Harper,

Weaver,

Harrington,

Wilcox,

Hiawley,

Mr.President. — 63.

Hayward,

ABSENT.

Briggs,

Rogers,

Gere,

Van Wyck,

Manderson,

Walling. — 6.

.Journal read

and approved.

Mr. Griffing presented the petition

of James \V. Cunningham et al., citi-

zens of Pawnee

county, relative to

the issuance of

state, county and

municipal bonds

which was referred

CONVENTION OF 1875

533

Tuesday]

to the committee on state, county and
municipal indebtedness.

Mr. Doom presented the following
from Mr. F. A. Harmon, resigning his
seat as a member of the convention:

Hon. J. L. Webster, President of the
Constitutional Convention.

Dear Sir: The contest, in which I
have so unwillingly become involved,
leaves me two alternatives. One is
to tender this resignation — the other
to enter upon a prolongation of an
unpleasant controversy, which can
only serve to embarrass and delay
the business of the convention, and
one which would probably never
reach a solution. Looking to the
best interests of the people I repre-
sent and of the state, I do not con-
sider my personal service in this body
of sufficient consequence to justify
the latter action.

As much as I regret to sever the
pleasant connection between my fel-
low members and myself, I feel com-
pelled to tender my resignation as a
member of this body, believing that
thereby I can, better than any other
Avay, subserve those interests it is my
highest duty to regard.

Assuring you and my late col-
leagues of my highest esteem, and re-
turning thanks for uniform courtesy
I have experienced from all with
whom I have been associated, I have
the honor to be

Most respectfully yours,

FRED A. HARMON.

Mr, Hinman moved the acceptance
of the resignation of Mr. Harmon.

[May 18

Mr. Gwyer moved to lay the fore-
going motion on the table; which was
agreed to.

Mr. Abbott moved that the conven-
tion adjourn until tomorrow morn-
ing at 9 o'clock; which motion pre-
vailed, and at 3:15, p. m., the con-
vention stood adjourned.

SEVENTH DAY.

Lincoln, May 18th, 1875.

Convention met pursuant to ad-
journment and was called to order
by the president.

The roll was called E.nd there we^e

PRESENT

Abbott,

Hinman

Agur,

Hopewell,

Becker,

Hunter,

Boyd,

Kendall,

Broady,

Kirkpatrick,.

Brown,

Laird,

Burtch,

McPherson,

Carns,

Martin,

Clark,

Matthews,

Coates,

Maxwell,

Conner,

Munger,

Cummins,

Peery,

Dawes,

Pierce,

Doom,

Pound,

Dunlap,

Powers,

Eldridge,

Rees,

Ewan,

Robertson,

Poss,

Rogers,

Frady,

Sauls,

Garber,

Shedd,

Gere,

Smith,

Grebe,

■ Sterns,

Grenell,

Stevenson,

Griffing,

Thompson,

Gwyer,

Thorne,

Hallner,

Vallery,

Hamilton,

Walther,

Harmon,

Vv^arrington,

Harper,

Wf^jn ver.

Harrington,

Wilcox,

Hayward,

Mr. President

Henry,

Seventh Day

534 NEBEASKA CONSTITUTIONAL CONVENTIONS

Tuesday]

ABSENT.
Briggs, Manderson,
Calhoun, Van Wyck,

Hawley, Walling. — 6

Prayer, by Rev. Mr. Ellis.

Journal read and approved.

Mr. Broady, for the committee on
future amendments, submitted the
following report. [The report is a
newspaper clipping — not original. —
Ed.]

Mr. President, your committee on
future amendments respectfully
make the following report, with the
recommendation that the same be in-
corporated in the constitution:

Amendments.

Section 1. Either branch of the
legislature may propose amendments
to this constitution, and if the same
be agreed to by three-fifths of the
members elected to each house such
proposed amendments shall be en-
tered on the journals, with the yeas
and nays, and published in at least
one newspaper in each county, where
ii newspaper is published, for six
months preceding the next election
of senators and representatives, at
which time the same shall be sub-
mitted to the electors for approval or
rejection, and if a majority of the
electors voting at such election adopt
■such amendments, the same shall be-
come a part of the constitution.
AVhen more than one amendment is
submitted at the same time, they
■shall be so submitted as to enable the
electors to vote on each amendment
separately.

Sec. 2. When three-fifths of. the
members elected to each branch of
the legislature deem it necessary to
call a convention to revise, amend
or change this constitution, they shall
recommend to the electors to vote
at the next election of members of
the legislature for or against a con-
vention, and if a majority of them

[May 18

voting at said election vote for a con-
vention the legislature shall, at its
next session, provide by law for call-
ing the same. The convention shall
consist of as many members as the
house of representatives, who shall be
chosen in the same manner, and shall
meet within three months after their
election, for the purpose aforesaid.
No amendment or change of this con-
stitution, agreed upon by this con-
vention, shall take effect until the
same has been submitted to the elec-
tors of the state, and adopted by a
majority of those voting* for and
against the same.

Respectfully submitted,
J. H. BROADY,
Chairman Committee.

Read a first and second time and
referred to the committee of the
whole house.

Mr. Gwyer moved that one hun-
dred copies of the foregoing article
be printed.

Mr. Boyd moved, as an amendment,
that one hundred copies of all articles
be ordered printed.

Mr. Grenell moved to further
amend by inserting two hundred
copies instead of one hundred copies.

The question being upon the
amendment of Mr. Grenell, it was
lost.

The question recurring upon the
.amendment of ^Mi*-. Boyd, it was
adopted, and the motion as amended
was agreed to.

Mr. Cummins, for the committee
on accounts and expenditures, sub-
mitted the following report. [Re-
port not original — newspaper clip-
ping.— Ed.]

The committee on public accounts
and expenditures, to whom was re-
ferred the resolution requesting said

Seventh Day

CONVENTION OF 1875

535

Tuesday]

committee to inquire into tlie pro-
priety of fixing the salaries of the
various state and county .offiicers,
have instructed their chairman to
make the following report:

Section 1. The officers named in
this section 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 conistitution, receive to their
own use any fees, costs, perquisites
of office or other compensation, and
all fees that may hereafter be pay-
able by law for any services 'per-
formed by any officer provided for
in this article of the constitution
shall be paid in advance into the
state treasury. The isalary of the
governor shall be two thousand five
hundred dollars ($2,500). The sal-
aries of the secretary of state, of
auditor of public accounts, of the
superintendent of public instruction,
of treasurer, commissioner of public
lands and buildings, and attorney
general, shall each be one thousand
eight hundred dollars ($1,800). 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 legislature may, by a
general law, readjust the said sal-
aries, but the salaries of the officers
named in this section shall not be
increased or diminished during their
official terms. So much of said res-
olution as relates to salary of county
officers, and also the resolution re-
lating to the creation of a board to
pass upon irregular claims, we deem
it inexpedient to make any report
at the present time.

Reported by

W. B. CUMMINS, Chairman.

Mr. Cummins offered the follow-
ing section, amendatory of the con-

[May 18

stitution: [Not original — newspaper
clipping. — Ed.]

Sec. — • The governor, seci;etary of
state, treasurer, and attorney gen-
eral shall form a board which shall
have general supervision and control
of the buildings, grounds, and lands
of the state, the state prison, asylum,
and other institutions thereof, and
shall perform such duties and be sub-
ject to such rules and regulations as
may be prescribed by law.

Read a first and second times, and
referred to the committee of the
whole house.

Referred to executive committee.

Mr. Robertson offered the follow-
ing resolution, which was adopted.

RESOLVED, That the secretary of
state be requested to furnish each
member of this convention during the
sitting of the same with a copy of
the general statutes of Nebraska con-
taining the constitution of the United
States and the constitution of the
state of Nebraska. The same to be
furnished out of the statutes now
owned by the state.

Mr. Sterns offered the following
resolution, which was adopted.

RESOLVED, That the committee
on revision and adjustment be in-
structed to so revise the subject mat-
ter of the new constitution that
nothing but pure, unadulterated En-
glish language shall be employed in
its w^ording.

Mr. Clark offered the following
resolution:

RESOLVED, That the respective
committees (except the committees
on judiciary, and legislative appor-
tionment) be required to report with-
in the next six days.

Mr. Hinman moved the adoption of
the resolution.

Seventh Day

536 NEBRASKA CONSTITUTIONAL CONVENTIONS

Tuesday]

Seventh Day

[May 18

Mr, Grenell moved that the motion
to adopt the resolution be laid on the
table. Carried.

Mr. Boyd moved that the presi-
dent appoint a committee of three to
wait upon the secretary of state and
request him to report forthwith in
compliance with a resolution adopted
Saturday, May 15th, 1875.

Which motion prevailed and the
president appointed as such commit-
tee, Messrs. Boyd, Abbott, and Mar-
tin.

On motion of Mr. Rees, at 9:40
o'clock, the convention took a recess
until 2 o'clock p. m.

After Recess

Two o'clock p. m.
Convention called to order by the
president.

Roll called by the secretary.
PRESENT.

Abbott,

Gwyer,

Agur,

Hallner,

Becker,

Hamilton,

Boyd,

Harmon,

Broady,

Harper,

Brown,

Hawley,

Burtch,

Hayward,

Calhoun,

Henry,

Carns,

Hinman,

Clark,

Hopewell,

Coates,

Hunter,

Conner,

Kendall,

Cummins,

Kirkpartick,

Dawes,

Laird.

Doom,

Martin,

Dunlap,

Matthews,

Eldridge,

Maxwell,

Ewan,

Munger,

Foss,

Peery,

Frady,

Pierce,

Garber,

Pound,

Grebe,

Powers,

Grenell,

Rees,

Griffing,

Robertson,

Van Wyck,

Walther,

Walling,

Warrington,

Weaver,

Wilcox,

Mr.President. — 63.

Sauls,
Shedd,
Smith,
Sterns,
Stevenson,
Thompson,
Thorne,
Vallery,

ABSENT.
Briggs, McPherson,
Gere, Manderson,
Harrington, Rogers. — 6.

Mr. Robertson, from the commit-
tee on miscellaneous corporations, re-
ported as follows, which was referred
to committee of the whole house.
[Report not original— newspaper
clipping. — Ed.]

Mr. President, your committee on
miscellaneous corporations would re-
spectfully report the following, and
recommend that it be incorporated
in the constitution:

Section 1. No corporation shall
be created by special law. nor its
charter exton led, changed or amend-
ed, except thoi>e for charitable, edu-
cational, penal or reformatory pur-
poses, which are to be and remain
under the patiT.n?! i^-i cind control of
the state; ':ut the legislature shall
provide by general laws for the or-
ganization of all corporations here-
after to be craatod.. All general
laws passed pur.suant lo this section
may be altered from time to time, or
repealed.

Sec. 2. No such general law shall
be passed by the legislature granting
the right to construct and operate a
street railroad, within any city, town
or incorporated village, without first
requiring the consent of a major'ty
of the electors thereof.

Sec. ?>. All corporations may sue
and be sued, in like cases as natural
persons.

Sec. 4. In all cases of claims
against corporations and joint stock
associations, the exact amount justly

CONVENTION OF 1875

537

Seventh Day

[May 18

Tuesday]

due shall be first settled, and after
the corporate property shall have
been exhausted, the stockholders
thereof shall be individually liable to
the extent of their unpaid subscrip-
tion.

Sec. 5. The legislature shall pro-
vide by law that in all elections for
directors or managers of incorpor-
ated companies every stockholder
shall have the right to vote, in per-
son 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 con-
centrate said shares, and give one
candidate as many votes as the num-
ber of directors multiplied by the
number of his shares of stock shall
equal, or to distribute them, upon
the same principle, amon.s: as many
candidates as he shall think fit; and
such directors and managers shall
not be elected in any other manner.

Sec. 6. All existing charters or
grants of special or exclusive privi-
leges, under which organization shall
not have taken place, or which shall
not be in operation within sixty (60)
days from the time this constitution
takes effect, shall thereafter have no
validity or effect whatever.

W. M. ROBERTSON,

Chairman.

Mr. Doom moved a reconsideration
of the vote ordering the printing of
one hundred copies of each article
proposed as an amendment to the
constitution. Which motion was
lost.

Mr. Boyd, chairman of select com-
mittee to wait upon secretary of
state, submitted the following re-
port :

Mr. President, your cQpimittee ap-
pointed to wait upon the secretary of
state and request him to report to
this convention The information
asked for in a resolution adopted on
Saturday last, beg leave to report

that they performed that duty and
that the secretary excused himself on
the ground that he had returned
some of the bills for correction and
that he would report in the next
twenty-four or thirty-six hours.

J. E. BOYD, Chairman.

On motion the report was received
and the committee discharged.

Mr. Dunlap offered the following
article amendatory to the constitu-
tion:

Article — .

Sec. — . The capital of this state
shall remain in the city of Lincoln
until otherwise provided for by law.
The question of removal shall be sub-
mitted to be approved by a majority
of the legal voters of the state at a
general election. If a majority of all
the votes c-ast shall be in favor of re-
moval to any specified point the
legislature shall provide for such re-
moval when the peopie of the city
or town so selected shall donate a
sufficient area and erect and com-
plete thereon an ample, substantial
•.and commodion,'3 state house and
make to the state therefor a good and
sufficient deed in fee simple.

Read a first time and referred to
the committee on miscellaneous sub-
jects.

Mr. Walther presented the follow-
ing resolution, amendatory to the
constitution:

RESOLVED, That the legislature
shall provide for the levying of a
uniform tax according to valuation,
sc that every person and corporation
shall pay a tax in proportion to the
value of his, her or its property and
shall never either directly or in-
directly release any person, corpora-
tion, or precinct from the payment
of state taxes by reason of any in-
ternal improvements made by the
same or for any other cause.

538 NEBEASKA CONSTITUTIONAL CONVENTIONS

Wednesday]

Eighth Day

[May 19

Read a first time and referred to
the committee on revenue.

Mr. Callioim offered the following
resolution:

RESOLVED, That the teecret^ry
furnish to each member of this con-
vention three dollars v^orth of post-
age stamps and that the same be
paid for out of the appropriation for
this convention.

The resolution was not adopted.

Report received from the auditor
of state relative to amount of ex-
penditures, etc,

Mr. Abbott moved that the read-
ing of the report of the auditor of
state be dispensed with; which was
agreed to.

Mr. Doom moved that report of
the auditor be referred to the com-
miittee on accounts and expenditures,
the said committee to report what
portion it is deemed necessary to
have printed; which was agreed to.

On motion, at 2:40 p. m., conven-
tion adjourned.

EIGHTH DAY.

i^incoln, May 19th, 1875.

The convention met pursuant to
adjournment and was called to or-
der by the president.

The roll was called by the secre-

tary.

PRESENT.

Abbott,

Clark,

Agur,

Coates,

Becker,

Conner,

Boyd,

Cummins

Briggs,

Dawes,

Broady,

Doom,

Brown,

Dunlap,

Burtch,

Rldridge,

Calhoun,

Ewan,

Carns,

Foss,

Frady,
Gere,
Grebe,
Grenell,
Griffin 5,
Gwyer,
Hallner,
Hamilton,
Harmon,
Harper,
Harrington,
Hawley,
Hayward,
Henry,
Hinman,
Hopewell,
Hunter,
Kendall,
Cirkpatrick,
Laird,
McPherson,
Manderson.
Martin,
Matthews,

Maxwell,

Munger,

Peery,

Pierce,

Pound,

Powers,

Rees,

Robertson,

Rogers,

Sauls,

Shedd,

Smith,

Sterns,

Stevenson,

Thompson,

Thorne,

Vallery,

Van Wyck,

Walther,

Walling,

Warrington,

Weaver,

Wilcox,

'Mr. President.

-68.

ABSENT.

Garber. — 1.

Prayer by the Rev. J. W. Ellis.

Journal read and approved.

Mr. Harrington, for committee on
bill of rights, submitted the follow-
ing report: [Report not original —
newspaper clipping. — Ed.]

File No. 1 — Preamble.

We the people, grateful to Al-
mighty God for our freedom, do or-
dain and esrablish the following dec-
laration of rights and frame of gov-
ernment as the constitution of the
state of Nebraska.

Article 1-— Bill of Rights.

Section 1. All persons are by na-
tion [nature] free and independent,
and have certain inherent and in-
alienable rights; among these are
life, liberty, and the pursuit of hap-
piness. To secure these rights, and
the protection of property, govern-

CONVENTION OF 1875

539

Wednesday] Eighth Day [May 18>

ments are instituted among people
deriving tlieir just powers from the
consent of the government [gover-
ned].

Sec. 2. There shall be neither
slavery nor involuntary servitude in
this state, otherwise than for pun-
ishment of crime, whereof the party
shall have been duly cor.victed.

Sec. 3, No person shall be de-
prived of life, liberty or property,
without due process of the law.

Sec. 4. All persons have a natural
and indepleasable [indefeasible]
right to worship Almighty God ac-
cording to the dictates of their own
consciences. No person shall be
compelled to attend, erect, or sup-
port any 'place of worship against his
consent, and no prefe fence shall be
given by law to any religious society,
nor shall any interference with the
rights of conscience be permitted. No
religious test shall be required as a
qualification for office, nor shall any
person be competent [incompetent]
to be a witness on a court [account]
of his religious bel^'ef; but nothing
herein shall be construed to dis-
pense with oaths and alRrmations, [.]
[R] religion, morality and knowledge,
however, being essential to good gov-
ernment, it shall be the duty of the
legislature to pass suitable laws to
protect every religious denomina-
tion in the peaceable enjoyment of
its own mode of public worship, and
to encourage schools and the means
of instruction.

Sec. 5. Every person may freely
speak, write and publish on all sub-
jects, being responsible for the abuse
of that liberty; and in all trials for
libel, both civil and criminal, the
truth, when published with good mo-
tives, and for justifiable ends, shall
be a sufficient defense.

Sec. 6. The right of trial by jury
shall remain inviolate, but the legisla-
ture may authorize trial by a jury of
less number than twelve men in in-
ferior courts.

Sec. 7. The right of the people
to be secure in their persons, houses,
papers and effects, against unrea-
sonable searches and seizures shall
not be violated; and no warrant shall
issue but upon probable cause, sup-
ported by oath or affimation, and.
particularly describing the place to
be searched, and the person or thing
to be seized.

Sec. 8. The privilege of the writ
of habeas corpus shall not be sus-
pended, unless in case of febellion
or invasion the public safety re-
quires it, and then only in such man-
ner as shall be prescribed by law.

Sec. 9. All persons shall be bail-
able by sufficient securities; except
for treason and murder, where the
proof is evident or the presumption
great. Excessive bail shaU not be
required, nor excessive fines im-
posed, nor cruel and unusual pun-
ishments inflicted. .

Sec. 10. No person shall be held
to answer for a criminal offense, ex-
cept in cases in which the punish-
ment is by fine, or imprisonment
otherwise than in the penitentiary,
in cases of impeachment, in cases
arising in the army or navy, or in
the milHia when in actual service in
time of war or public danger, unless
on a presentment or indication [in-
dictment] of a grand jury; provided,
that the legislature may by law
provide for holding persons to
answer for criminal offenses on
information of a public prosecutor;
and may by law abolish, limit, change,
amend or otherwise regulate the
grand jury system.

Sec. 11. In all criminal prosecu-
tions, the accused shall have the
right to appear and defend, in per-
son and by counsel; to demand the
nature and cause of accusation, and
to have a copy thereof; to m.eet the
witnesses face to face, and to have •
process to compel the attendance of
witnesses in his behalf; and a speedy
public trial by an impartial jury of '

540 NEBRASKA CONSTITUTIONAL CONVENTIONS

Wednesday] Eighth Day [May 19

the county or district in which the
offense is alleged to have been com-
mitted.

Sec. 12. No person shall be com-
pelled in any criminal case to give
evidence against himself, or be
twice put in jeopardy for the same
offense.

Sec. 13. All courts shall be open,
and every person, for any injury
done him in his lands, goods, per-
son or reputation, shall have a rem-
edy by due course of law and justice,
administered without denial or de-
lay.

Sec. 14. Treason against the state
shall consist only in levying war
against the state, or in adhering to its
■enemies, giving them aid and comfort.
No person shall be convicted of trea-
son unless on the testimony of two
witnesses to the same overt act, or
on confession in open court.

Sec. 15. All penalties shall be
proportioned to the nature of the
•offense, and no conviction shall work
corruptions [Sic] of blood or forfei-
tures [Sic] of estate; nor shall any
person be transported out of the state
for any offense committed within
the state.

Sec. 16. No bill of attainder, ex
post fact.) law, or law impairing the
obligation of contracts, or making
any irrevocable grant of special
privi]ege<< or immunities, shlall be
passed.

Sec. J 7. Tlie military shall be in
strict subordination to the civil pow-
er.

Sec. 18. No soldier shall, in time
of peace, be quartered in any house
without the consent of the owner;
nor in time of war, except in the man-
ner prescribed by law.

Sec. 19. The right of the '])Pople
peaceably to assemble to consult for
the common good, and to petition the
government, or any department there-
of, shall never be abridged.

Sec. 20. No person shall be im-
prisoned for debt in any civil action

on mesne or final process, unless in
cases of fraud.

Sec. 21. Private property shall
ever be held inviolate, but subserv-
ient to the public welfare. When
taken in time of war or other pub-
lic exigency, imperatively requiring
its immediate seizure, or for the pur-
pose of making or repairing walls,
[ways] which shall be open to the
public without charge, other than
streets and highways in cities and in-
corporated villages, a compensation
shall be made to the owner in
money; and in all other cases, when
private property shall be taken for
public use, a [sic] compensation
therefor shall be first made in money,
or first secured by a deposit of mon-
ey; and such compensation shall be
assessed by a jury, without deduction
for benefits to the property to the
owner. The fee of land taken for
railroad tracks, without the consent of
the owners thereof, shall remain in
such owners, subject to the use for
which it was taken.

Sec. 22. All elections shall be
free; and there shall be no hindrance
or impediment to the right of a qual-
ified voter to exercise the elective
franchise.

Sec. 23. The writ of error shall
be a writ of right in all cases of
felony; and in all capital cases shall
operate as a supersedeas to stay the
execution of the sentence of death,
until the further order of the su-
preme court the premises.

Sec. 24. The right to be heard in
all civil cases in the court of last
resort, by appeal, error or other-
wise PS provided by law, shall not be
denied.

Sec. 25. The privilege of the debt-
or to enjoy the comforts of life shall
be recognized by wholesome laws,
exempting a reasonable amount of
property from seizure" or sale for the
payment of any debt or liability.

CONVENTION OF 1875 541

Eighth Day [May 19

Wednesday]

Sec. 26. No distinction shall evex' |
be made by law between resident
aliens and citizens in reference to the
possession, enjoyment or descent of
property.

Sec. 2 7. Jurisdiction to change
property or effect [affect] rights in
judicial proceedings shall not be ac-
quired by publication only unless up-
on or after making proof of such pub-
lication it shall be found by the court
that the residence and postoffice ad-
dress of the party to be effected
[affected] are unknown and cannot
be ascertained by reasonable dili-
gence.

Sec. 28. This enumeration of
rights shall not be construed to im-
pair or deny others retained by the
'people, and all powers not herein del-
egated, remain with the people.

Read a< first time. The rules were
suspended, two-thirds of the mem-
bers voting therefor, and the article
was read a second time by its title,
ordered printed, and referred to the
committee of the whole house.

Mr. Conner from the committee on
revenue and finance, submitted the
following article amendatory to the
constitution: [Article not original
— newspaper clipping. — Ed.]

Your committee upon revenue and
finance beg leave to present the fol-
lowing report, and would recommend
its adoption:

Section 1. Taxes may be equally
and rightfully levied, and the legis-
lature shall provide such revenue as
may be needful, by levying a tax by
valuation, so that every person and
corporation shall pay a tax in pro-
portion to the value of his, her or
its property, such value to be ascer-
tained by some person or persons to
be elected as [or] appointed in such
manner as the legislature shall di-
rect, and not otherwise, but the legis-
lature shall have power to tax ped-
dlers, auctioneers, brokers, hawkers.

merchants, commission merchants,
showmen, jugglers, innkeepers
grocery keepers, liquor dealers, toll
bridges, ferries, insurance, tele-
graph, and express interests or busi-
ness, venders of patents, and per-
sons or corporations owning or using
franchises and privileges, in such
manner as it shall, from time to
time, direct by general law, uniform
as to the class upon which it oper-
ates.

Sec. 2. The specification of ob-
jects and subjects of tax?ition 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.

Sec. 3. The property of the state,
counties, and municipal corpora-
tions, both real and ^personal, and
such property as may be used ex-
clusively for agricultural and horti-
cultural societies, for school, re-
ligious, cemetery, and charitable
purposes, may be exempted from
taxation, but such exemption shall
be only by general law. In the as-
sessment of real estate encumbered
by public easement, [any depreciation
occasioned by such easement] may
be deducted in the valuation of such
property. The legislature may pro-
vide that the increased value of lands
by reason of live fences, fruit and
forest trees, grown and cultivated
thereon, shall not be taken into ac-
count in the assessment thereof.

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 said prop-
erty for any of said taxes and assess-
ments, but by said officer upon the

542 NF;P>1^\SKA (CONSTITUTIONAL CONVENTIONS

Wednesday] Eightli Day [May 19

order of [or] judgment of somo
court of record.

Sec. 5., The rigiit of redemption
from all sales of real estate, tor tlu;
nonpayment of taxes or si)ecial as-
sessments of any character whatever,
shall exist in favor of owners and
persons interested on [in] such real
estate, for a period of not less than
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 assessment, 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.

Sec. G. The legislature shall have
no power to release or discharge any
county, city, township, town or dis-
trict wlratever, or the inhabitants
thereof, or the property therein,
from their or its proportionate share
of taxes to be levied for state pur-
poses, nor shall commutation for
such taxes be authorized in any form
whatever, and all taxes levied for
state purposes, shall be paid into the
state treasury.

Sec, 7. All property, real, personal
or mixed, within th(^ jurisdiction of
this state, shall be listed and taxed,
except as otherwise jjrovided in this
constitution, and the legislature shall
provide by law for carrying into ef-
fect this provision.

Sec. 8. County authorities shall
never assess | taxes] the aggregate of
Avhich shall exceed one and a half
dollars per one hundred dollars valua-
tion, except for the payment of in-
debtedness existing at the adoption of
this constitution, unless authorized by
a vote of the people of the county.

Sec. 9. 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 property, benefitted or otherwise.
For all corporate purposes, all muni-
cipal 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
imiposing the same.

Sec. 10. The legislature shall not
impose taxes upon municipal cor-
porations, or the inhabitants or
property thereof, for corporate pur-
poses, but shall require that all the
taxable property within the limits of
municipal corporations shall be taxed
for the payment of debts contracted
under 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 payment of the
corporate debts of a municipal cor-
poration.

Sec. ]1. 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
compensation of no municipal officer
who is elected or appointed for a defi-
nite term of office, shall be in-
creased or diminished during such
term.

Sec. 12. The legislature at its
first session shall provide by law for
the funding of all outstanding w^ar-
rants and all other outstanding in-
debtedness of the state at a rate of
interest not exceeding ten per cent
per annum, and all counties, cities,
towns or other municinal cornora-
tions may fund their outstanding In-
(hd)tedness. in bonds bearing a rate
of interest not exceeding ten per
rent per annum, in such manner ae
the legislature may by general law
provide.

Sec. lo. The legislature shall pro-
vide by law that all claims upon the
treasury shall be examined and ad-
justed by the auditor and approved

CONVENTION OF 1875

543

Eighth Day [May 19

Wednesday]

by the secretary of state, before any
warrant for the amount allowed shall
be drawn.

A. H. CONNER, Chairman,

A. G. KENDALL,

W. M. ROBERTSON,

J AS. E. BOYD,

D. P. HENRY,

J. E. DOOM,

,F. MARTIN,

Committee.

Read the first time.

On motion the rules were sus-
pended, two-thirds of the members
voting therefor, and the article was
read a second time by its title, or-
dered printed, and referred to the
committee of the whole house.

Mr. Pound moved to reconsider
the vote adopting the resolution or-
dering the printing of one hundred
copies of all articles amendatory to
the constitution. Which motion
was iagreed to.

The question recurring upon the
original resolution, Mr. Grenell
moved to amend by striking out one
hundred and inserting two hundred.

Mr. Rees moved to further amend
by inserting two hundred twenty;
which amendment was concurred in
and the resolution was adopted as
amended.

Mr. Walther from the committee
on education, school funds, and
lands, offered the folowing article
amendatory to the constitution. [Ar-
ticle not original — newspaper clip-
ping.— ^Ed.]

Sec. 1. The secretary of state,
treasurer, attorney general, and com-
missioner of public lands and build-
ings shall, under the direction 6f the
legislature, constitute a board of
commissioners for the sale, leasing
and general management of all lands

and funds set apart for educational
purposes, and for the investment of
school funds in such manner as may
be provided by Law.

Sec. 2. All lands, money or other
property granted, or bequeathed, or
in any manner conveyed to this
state for educational purposes, shall
be used and expended in accordance
with the terms of such grant, bequest
of [or] conveyance.

Sec. 3. The following are hereby
declared to be perpetual funds for
common school purposes, of which
the annual interest or income only
can be appropriated, to wit:

First. Such per centum as has been
or may hereafter be granted by con-
gress on the sale of land in this
state;

Second. All moneys arising from
the sale or leasing of sections six-
teen and thirty-six in each township
in this state, and tne Land selected
or that may be selected in lieu there-
of;

Third. The proceeds of all lands
that have been or may hereafter be
granted to this state, when, by the
terms and conditions of said grant,
the same is not to be otherwise ap-
propriated;

Fourth. The net proceeds of
lands and other property and effects
that may accrue to the state by
escheat or forfeiture, or from un-
claimed dividends or distributive
Jshares of the estates of deceased
persons;

Fifth. All moneys, stocks, bonds,
lands and other property now belong-
ing to the com.mon school fund.

Sec. 4. All other grants, gifts and
devises that have been or may here-
after be made to this state, and not
otherwise appropriated by the terms
of the grant, gift or devise, the in-
terest arising from all the funds
mentioned in the preceding section,
together with all the rents of the un-
sold school lands, and such other
means as the legislature may pro-

544 NEBRASKA CONSTITUTIONAL CONVENTIONS

Wednesday] Eighth Day [May 1»

vide, shall be exclusively applied to
the following objects, to wit:

First. To the support and main-
tenance of common schools in each
school district in the state;

Second. Any residue of such fund
shall be appropriated to the support
and mainteaance of schools of an
intermediate grade between the com -
mon schools and the university.

Sec. 5. All fines, penalties and
license moneys arising under the
general laws ot the state shall be-
long and be paid over to the coun-
ties respectively where the same
may be levied or imposed; and all
fines, penalties and license moneys
arising under the rules, by-laws or
ordinances of cities, villages, towns,
precincts, or other municipal sub-
divisions less than a county, shall be-
long and be paid over to the same
respectively. All such fines, penal-
ties and license moneys shall be ap-
propriated exclusively to the use and
support of common schools in the re-
spective subdivisions where the same
may accrue.

Sec. 6. The legislature shall pro-
vide for the free instruction in the
common schools of this state of all
persons between the ages of five and
twenty-one years.

Sec. 7. Provision shall be made by
general law for an equitable distri-
bution of the income of the fund set
apart for the support of common
schools, among the several school dis-
tricts of the state, and no appropria-
tion shall be made from said fund to
any district for the year in which
school is not maintained at least three
months.

Sec. 8. No university, agricul-
tural college, common school or
other lands which are now held or
may hereafter be acquired by the
state for agricultural purposes, shall
be sold for less than seven dollars per
acre.

Sec. 9. All funds belonging to the
state for educational purposes, the
^interest and income whereof only

are to be used, shall be deemed
trust funds held by the state, and
the state shall supply all losses
thereof, that may in any manner ac-
crue, so that the same shall forever
remain inviolate and undiminished;
and such funds, with the interest and
income thereof, are hereby solemnly
pledged for the purposes for which
they are granted and set apart, and
shall not be transferred to any other
fund for other uses.

Sec. 10. The general government
of the University of Nebraska shall,,
under the direction of the legisla-
ture, be vested in a board of six
regents to be styled the board of re-
gents of the university of the state
of Nebraska, who shall be elected
by the electors of the state at large,
and their term of office, except those
chosen at the first election as here-
inafter provided, shall be six years.
Their duties and powers shall be pre-
scribed by law, and they shall re-
ceive no compensation, but may be
reimbursed their actual expenses in-
curred in the discharge of their du-
ties.

Sec. 11. No sectarian instruction
shall be allowed in any school or
institution supported in whole, or in
part, by the public funds set apart
for educational purposes; nor shall
the state accept any grant, convey-
ance, or bequest of money, lands or
other property, to be used for sec-
tarian purposes.

Sec. 12. The legislature shall pro-
vide by law for the establishment of
a school or schools, for the safe-
keeping, education, employment and
reformation of all children under the
age of sixteen years, who, for want
of proper parental care, or other
cause, are growing up in mendicancy,
ignorance, idleness or vice.

Read the first time. On motion
the rules were suspended, two-thirds
of the members voting therefor, and
the article was read a second tim&
by its title, ordered printed, and re-

CONVENTION OF 1875

545

Eighth Day

[May 19

Wednesday]

ferred to the committee of the whole
house.

Mr. Grehell offered the following
resolution, amendatory to the con-
stitution, which was read and re-
ferred to the legislative committ.3e.

RESOLVED, That the legislature
of this state shall have no power to
pass any law authorizing the inter-
marriage of black and white persons
in this state.

Mr. Grebe offered the following
resolution amendatory to the con-
stitution, which was read and re-
ferred to the committee on accounts
and expenditures.

RESOLVED, That the committee
on public accounts and expenditures
take into account the expediency of
reporting an article to be made a
part of the constitution whereby no
appropriation shall be made for the
incidental expenses of 'any state of-
iicc-r, but all station^vy, etc., re-
quired for their use be purchased by
contract and issued by the secretary
of state in such manner as may be
required by law.

Mr. Shedd offered the following
resolution amendatory to the con-
stitution, which was read and re-
ferred to the committee on state,
county and municipal indebtedness.

RESOLVED, That no county, pre-
cinct, or municipal corporation shall
have authority to vote bonds which
shall exceed in the aggregate ten per
cent of the last assessed valuation.

Mr. Hallner offered the following
resolution amendatory to the con-
stitution, which was read and re-
ferred to the judiciary committee.

RESOLVED. That the state shall
not , be divided into more than five
judicial districts, in- each of which
shall be elected one judge who shall
preside therein and who shall be
judge of the district court in such

district; and further that the juris-
diction of a probate court shall be
raised to one thousand dollars, and
the jurisdiction of a justice of the
peace court to three hundred dollars.

Mr. Sauls offered the following
resolution amendatory to the con-
stitution :

RESOLVED, That the legislature
shall provide by general law for
township organization under which*
any county may organize whenever a
majority of the legal voters of such
county voting at any general elec-
tion shall so determine, and when-
ever any county shall adopt town-
ship organization, so much of this
constitution as provides for the
numagement of the fiscal concerns of
said county by the board of county
commissioners may be dispensed
with, and the affairs of isaid county
may be transacted in such manner
as the general assembly may pro-
vide, and in any county that shall
have adopted a township organiza-
tion the question of continuing the
same may be submitted to a vote of
the electors of such county at a gen-
eral election in the manner and form
that now is, or may be provided by
law; and if a majority of all the
votes cast upon that question shall
be against township organization,
then such organization shall cease
in said county, and all laws in force
in relation to counties not having
township organization shall immedi-
ately take effect and be in force in
such county.

Referred to committee on state,
counties and county boundaries.

Mr. Weaver offered the following
resolution:

RESOLVED, That no member of
this convention shall receive pay for
any time when he shall be absent
from the convention either by ad-
journment or excused at his own re-
quest.

54G NEBRASKA CONSTITUTIONAL CONVENTIONS

Wednesday] Eighth Day [M

Mr. Smith moved to lay the reso-
lution on the table; v/liich motion
prevailed and the resolution was
tabled.

On motion the convention resolved
itself into the committee of the
whole house with Mr. Broady in the
chair.

• After some time spent therein, the

committee aroise and by its chair-
man submitted the following report:

Mr. President, the house in com-
niittee of the whole have had under
consideration the article on amend-
ments to the constitution and have
■amended the same.

First. By inserting the word
three in place of six in line 5 of
the first section.

Second. By inserting "once each
week" after the word published, in
the fourth line of tbe lirst section.

Third. By inserting the word im-
mediately after the word months, in
liiie 5 of the first section.

Fourth. By inserting the word
election in place of the word time in
line 6 of the first ruction.

Fifth. By inserting the word elec-
tion in place of the word time, in
lino & of the first section.

Sixth. By striking out the word
who in line 7 of the second section.

Seventh. By striking out the
words "of them," in line 4 of the
second section.

Eighth. By striking out the word
shall in line 7 of the second section
and inserting the word to.

Ninth. That said article as amen-
ded be adopted.

J. H. BROADY,
Chairman.

The question being upon the adop-
tion of the report of the committee
of the whole house, the first, second,

;ay 19

third, fourth, fifth and seventh
amendments were adopted, and the
sixth and eighth were lost.

Mr. Manderson moved that the
first section be adopted as amended;
which motion prevailed.

Mr. Abbott moved to strike out of
the second section the words "the
convention shall consist of as many
members as the house of representa-
tives, who shall be chosen in the
same manner and shall meet within
three months after their election for
the purpose aforesaid."

Mr. Van Wyck offered the follow-
ing amendment to the preceding mo-
tion: [The] convention shall con-
sist of the same number of members
as the house of representatives, to be
chosen and meet as the legislature
ishall provide. Which amendm^ent
was not concurred in.

The question recurring upon the
original motion, it was lost.

Mr. Laird moved to amend by
striking out all from the word con-
vention, in the sixth line; which was
lost.

On motion, section 2 was adopted.

On motion of Mr. Grenell the ar-
ticle was ordered to be engrossed as
amended for a third reading.

Mr. Weaver moved that when the
convention adjourned it be until to-
morrow morning; which was agreed
to.

On motion of Mr. Van Wyck, the
convention adjourned at 11:45
o'clock a. m., until tomorrow morn-
ing.

CONVENTION OF 1875

547

Ninth Day [May 20

Thursday]

NINTH DAY.

Lincoln, May 20th, 1875.

The convention met pursuant to
adjournment and was called to rr-
der by the president.

Roll called by the secretary.

PRESENT.

AD DOtL,

rxillllldll.

Agur,

jnupt; W till,

Becker,

Hunter,

Boyd,

Kendall,

Broady,

Kirk Patrick,

Brown,

Laird,

jDurtcn,

McPhersoii,

Calhoun,

Manderson,

Carns,

Martin,

ClarK,

Matthews,

Coates,

Maxwell,

Conner,

Munger,

Cummins,

Peery,

Dawes,

Pierce,

Doom,

Pound,

T^n n 1 Qir*
XJ U 11 i rf/'p ,

XT U W fcJl O,

Eldridge,

Rees,

Ewan,

Robertson,

Foss,

Rogers,

Frady,

Sauls,

Garber,

Shedd,

Gere,

Smith,

Grebe,

Sterns,

Grenell,

Stevenson,

GrifRng,

Thompson,

Gwyer,

Thorne,

Hallner,

Yallery,

Hamilton,

"Van Wyck,

Harmon,

Walther,

Harper,

Walling,

Harrington,

Warrington,

Hawley,

Weaver,

Hayward,

Wilcox,

Henry,

Mr.President.

ABSENT.

Briggs. — 1.

Prayer by Rev. J. W. Ellis.

Journal read and approved.

The following communications
were received from the secretary of
state and read by the secretary.

Hon. J. L. Webster, president con-
stituli )nal con\(?ntion.

Sir: In compliance with a resolu-
tion addressed to this department,
May 14th, current, and which reads
as follows: "RESOLVED, That the
secretary of state be and he is here-
by requested to report to this con-
vention all expenses already incurred
by him for the convention, and that
nothing more be furnished or con-
tracted for by this conventioii," I
have the honor to report that, under
section 8 of "an act to provide for
calling a constitutional convention,"
there has been expended by this de-
partment, for the use of the conven-
';tion, the following; amount — being
for publishing call for convention,
stationery, supplies, furniture, and
repairs — the sum of $1232.60.

An itemized statement of each
account is herewith submitted.

I am, sir, very respectfully.

Your obedient servant, j
BRUNO TZSCHUCK,
Secretary of State.

Hon. J. L. Webster, president con-
stitutional convention.

Sir: The resolution of your hon-
orable body, dated May — , current,
requesting this department to fur-
nish 3' our convention an abstract of
the census returns of the state for
the year 1875, and the number of
voters in each county, has been duly
received, and in compliance there^
with I have the honor to submit
herewith the returns of the several
counties in this state for the year
18 74, together with the returns, so
far as received by this department,
for the year 1875.

So much of your resolution as re-
lates to this department furnishing
the number of voters in each county,
for the year 1875, this department
is unable to comply with, as no elec-
tion returns have been so received
I within that time.

548 NEBEASI^l CONSTITUTIOXAL CONVEXTIONS

Thursday]

Ninth Day

[May 20

I have the honor to state further
that at the present time a full com-
pilation of the enumeration of inhabi-
tants, registration of births and
deaths, as provided for in the act of
the legislature for taking the census
of the state for the year 1875, cannot
be submitted to your honorable body,
owing to the fact that it will entail
upon this office some several weeks
of clerical labor; therefore I submit
only the total population of each
county, so far as they have been re-
ceived.

I have the honor to remain, very
respectfully,

, Your obedient servant,

: BRUNO TZSCHUCK,

; Secretary of State.

On motion of Mr. Laird, the re-
port of the secretary of state relative
to amount expended for use of the
convention was referred to the com-
mittee on accounts and expenditures.

Mr. Pierce, from the committee on
municipal corporations, reported the
following article, amendatory to the
constitution:

Mr. President, your committee on
municipal corporations make the fol-
lowing report, and respectfully rec-
ommend that the same be incorpor-
ated in the constitution: [Report
not original — newspaper clipping —
Ed.]

Section 1. 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, which has received or
may hereafter receive a grant of land
from the United States, or to any
railroad corporation, which has con-
structed or shall hereafter construct
its road in whole or in part from the
proceeds of land grants.

Sec. 2. No county, town, precinct,
1 municipality or other subdivision of
I the state, shall ever become a sub-
scriber to the capital stock or owner
I of such stock, or any portion or in-
I terest therein, of any railroad or
private corporation, individual, or
association. No donations shall ever
be made to any railroad, or private
corporation, or to any internal im-
i provement, by any such subdivision
unless a proposition so to do shall
' have been first submitted to the
qualified voters entitled to vote
thereon, at an election held by au-
j thority of law, and two-thirds of the
qualified electors voting at such elec-
tion shall be in favor of the same;
and the entire indebtedness of any
city, county, town, precinct, or other
municipality or other subdivision of
the state shall in no event exceed
five per, cent, of the assessed valua-
tion for taxation of such city, and
three per cent, for such county, and
two per cent, for such town, precinct,
municipality, or other subdivision of
the state; nor shall any aid be given
to any railroad company, or for the
construction of any railroad, or any
indebtedness be created or con-
tracted for such purposes, unless the
line of railroad shall have been defi-
nitely located, and shall be specified
in the proposition voted upon; nor
sliall such indebtedness exceed five
thousand dollars per mile to any pro-
posed railroad, nor in any event be
payable until such railroad or a part
thereof is completed ready for Uie
rolling stock and only in proportion
to the part so completed.

Sec. 3. The legislature may vest
the corporate authorities of cities,
towns and villages with power to
make local improvements by special
assessments or by special taxation of
contiguous property.

Sec. 4. For all other corporate
purposes, all municipal corporations
may be vested with authority to as-
sess and collect taxes, but such taxes
shall be uniform, in respect to per-
sons and property within the jurisdic.
tion of the body imposing the same.

CONVENTION OF 1875

549

Ninth Day

[May 20

Thursday]

Sec. 5. The legislature shall not
Impose taxes upon municipal corpor-
ations, or the inhabitants or property
thereof, for corporate purposes.

See. 6. Private property shall not
be taken or sold for the payment of
the corporate debts of a municipal
corporation.

Proposition to be separately sub-
mitted.

No county, city, town or 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 corporations.
Provided, however, the adoption of
this article shall not be construed as
affecting the right of any municipality
to make such subscriptions when the
same have been authorized under ex-
isting laws, by a vote of the people
of such municipalities, prior to such
adoption.

Respectfully submitted,

C. W. PIERCE,

Chairman.

Read the first time. On motion
the rules were suspended, two-thirds
of the members voting therefor, and
the article was read a second time
by its title and referred to the com-
mittee of the whole house.

Mr. Martin, from the committee on
manufactures and agriculture, re-
ported the following article amenda-
tory to the constitution:

Mr. President, your committee
upon manufactures and agriculture
respectfully make the following re-
port and recommend that the same
be incorporated in the constitution.

Laws shall be passed by the legis-
lature to protect from execution a
reasonable amount of property of the
debtor: PROVIDED, That such ex-
emption shall not extend to any exe-
cution, order or other process on any
demand in the following cases:

First. For the purchase price of
any property, or any part thereof.

Second. For services rendered by
a laboring person, or a mechanic.

All of which is respectively sub-
mitted.

F. MARTIN,
Chairman.

Read a first and second time and
on motion of Mr. Martm, was ordered
not printed and referred to the com-
mittee of the whole house to be con-
sidered in connection with the bill
of rights.

Mr. Boyd, from the committee on
railroad corporations, reported the
following article amendatory to the
constitution. [Article not original
— newspaper clipping. — Ed.]

Mr. President, I am instructed by
the committee on railroad corpora-
tions to submit to the convention the
following article as their report:

Section 1. Every railroad corpor-
ation organized or doing business in
this state under the laws or author-
ity thereof, or of any other state,
shall have and maintain a public of-
fice 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 in-
spection, books in which shall be
recorded, the amount of capital stock
subscribed, and by whom, the names
of the owners of the stock, and the
amounts owned by them respectively,
the amount of stock -paid in and by
v^'hom, the transfers of said stock,
the amount of its assets and liabili-
ties, and the names and place of resi-
dence of its officers. The directors
of any railroad corporation or other
parties having control of its road,
shall annually make a report under
oath, to the auditor of public ac-
counts, or some other person desig-
nated by law, of the amount received

550 NEBRASKA CONSTITUTIONAL CONVENTIONS

Thursday] Ninth Day [May 2«

from passengers and freight and
such other 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.

Sec. 2. The rolling stock and oth-
er movable property belonging to any
railroad company or corporation in
the state shall be liable to execution
and sale in the same manner as the
personal property of individuals, and
the legislature shall pass no law ex-
empting any such property from exe-
cution and sale.

Sec. 3. No railroad corporation
shall consolidate its stock, property
or franchise with another 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 provided by law.

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, and under such regu-
lations as may be prescribed by law.
And the legislature may 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
corporations as common carriers shall
never be limited.

Sec. 5. No railroad corporation
shall issue any stock or bonds, ex-
cept for money, labor or property,
actually received and applied to the
purpose for which such corporation
was created; and all stock, dividends,
and other fictitious increiase of the
capital stock or indebtedness of any
such corporation shall be void. The
capital stock of no railroad corpora-
tion shall be increased for any pur-
pose, except after public notice, for
sixty days, in such manner as may be
provided by law.

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, subjecting them to the public
necessity the same as of individuals.
The right of trial by jury shall be
held inviolate in all trials of claims
for compensation, when in the exer-
cise of said right of eminent domain
any incorporated company shall be
interested either for or against the
exercise of said right.

Sec. 7. The legislature shall pass
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 of
[by] adequate penalties to the ex-
tent, if necessary for that purpose,
of forfeiture of their property and
franchise.

Respectfully submitted,

J. E. BOYD,
Chairman Committee.

Read the first time. The rules
were suspended, two-thirds of the
members voting therefor, and the ar-
ticle was read a second time by its
title land referred to the committee
of the whole house.

The committee on engrossment and
enrollment submitted the following
report, by My. Gwyer, its chairman.

^Tr. President, the committee on
enrollment and engrossment, respect-
fully report that they have examined
the article entitled Amendments and
find the same correctly engrossed.

WILLIAIM A. GWYER,

Chairman.

CONVENTION OF 1875

551

Thursday]

Ninth Day

[May 20

Amendments.

Section 1. Either branch of the
legislature may propose amendments
to this constitution, and if the same
be agreed to by three-fifths of the
members elected to each house, such
proposed amendments shall be en-
tered on the journals, with the yeas
and nays and published once each
week, in at least one newspaper in
each county where a newspaper is
published, for three months immedi-
ately preceding the next election of
senators and representatives, at
which election the same shall be sub-
mitted to the electors for approval or
rejection, and if a majority of the
electors voting at such election adopt
such amendments, the same shall be-
come a part of this constitution.
When more than one amendment is
submitted, at the same election, they
shall be so submitted as to enable
the electors to vote on each amend-
ment separately.

Sec. 2. When three-fifths of the
members elected to each branch of
the legislature deem it necessary to
call a convention to revise, amend
or change this constitution, they shall
recommend to the electors to vote at
the next election of members of the
legislature, for or against a conven-
tion, and if a majority voting at said
election vote for a convention the
legislature shall, at its next session,
provide by law for calling the same,
The convention shall consist of as
many members as the house of rep-
resentatives, who shall be chosen in
the same manner and shall meet
within three months after their elec-
tion for the purpose aforesaid. No
amendment or change of this consti-
tution agreed upon by such conven-
tion shall take effect until the same
has been submitted to the electors
of the state and adopted by a major-
ity of those voting for and against
the same.

The question being upon the adop-
tion of the article upon amendments.

those voting

Abbott,

Agur,

Becker,

Boyd,

Briggs,

Broady,

Brown,

Burtch,

Calhoun,

Carns,

Clark,

Coates,

Conner,

Cummins,

Dawes,

Doom,

Dunlap,

Eldridge,

Ewan,

Foss,

Prady,

Garber,

Gere,

Grebe,

Grenell,

Griffing,

Gwyer,

Hallner,

Hamilton,

Harmon,

Harper,

Hawley,

Harrington,

in the affirmative were

Hayward,

Henry,

Hinman,

Hopewell,

Hunter,

Kendall,

Laird,

McPherson,

Manderson,

Martin,

Matthews,

Maxwell,

Peery,

Pierce,

Pound,

Powers,

Rees,

Robertson,

Rogers,

Sauls,

Shedd,

Smith,

Sterns,

Stevenson,

Thompson,

Thorne,

Vallery,

Van Wyck,

Walther,

Walling,

Warrington,

Weaver,

Mr. President. — 66.

Voting in the negative,
Kirkpatrick. — 1.

Absent,

Munger, Wilcox. — 2.

A majority of the members pres-
ent voting therefor, the article on
amendments was adopted.

By consent, Mr. Clark from the
committee on right of suffrage re-
ported the following article amenda-
tory to the constitution:

Section 1. Every male person of
the age of twenty-one years or up-

552 XEBEASKA CONSTITUTIONAL CONVENTIONS

Thursday] Ninth Day [May 20

wards belonging to either of the fol-
lowing classes, who shall have .re-
sided in the state slic months, and in
the county, precinct, or ward for the
term 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 comformably
to the laws of the United States on
the subject of naturalization at least
eixty days prior to an election.

Sec. 2. No person except such per-
sons as are by law exempt from the
payment of a poll tax shall be quali-
fied to vote, unless he presents to the
judges of election his receipt or oth-
er satisfactory evidence, showing
that he has not been a delinquent
poll tax payer, at any time within
the last sixty days.

Sec. 3. No person shall be quali-
fied to vote who is an idiot or is in-
sane or under guardianship, or who
has been convicted of treason or fel-
ony under the law of the state or of
the United States, unless restored to
civil rights.

Sec. 4. No elector shall be
deemed to have lost his residence In
the state by reason of his absence on
business of the United States or of
this state.

Sec. 5. No soldier, seaman, or
marine, in the army or navy of the
United States, shall oe deemed a resi-
dent of this state in consequence of
being stationed therein.

Sec. 6. Electors shall in all cases,
except treason, felony, or breach of
the peace, be privileged from arrest
during their attendance at elections,
and going to and returning from the
same, and no elector shall be obliged
to do military duty on the days of
election, except in time of war or
public danger.

Sec. 7. All votes shall be by hah
lot.

Sec. 8. Uniform laws throughout
the state shall be made to ascertain

by proper what citizens

are entitled to the rights of suffrage.

Read the first time. The rules
were suspended, two-thirds of the
members voting therefor, and the
article was - read a second time by
title and referred to the committee
of the whole house.

Mr. Walther offered the following
resolution amendatory to the con-
stitution, which was read and re-
ferred to the judiciary committee.

RESOLVED, That the judiciary
committee be instructed to inquire
into the expediency and necessity
of embodying in tht. constitution the
following provisions: General laws
may be passed permitting the own-
ers or occupants of lands to construct
and maintain necessary drains and
ditches for agricultural purposes,
across the lands of others under the
proper restriction, and with jusi
compensation, but no special laws
shall be enacted for such purpose.

Mr. Hallner oft'ered the following
resolution amendatory to the con-'
stitution, which was read and re-
ferred to the legislative committee:

RESOLVED, That no local or spe»-
cial laM- shall be passed by the legis-
lature, unless notice of the intention
to apply therefor shall have been
published in the locality where the
matter or the thing to be affected
may be situated, which notice shall
be given at least thirty days prior to
the introduction into the legislature
of such bill and in the manner to be
provided by law. The evidence that
such notice has been published shall
be exhibited in the legislature before
such act shall be passed.

Mr. Dawes offered the following
article amendatory to the constitu-
tion, which was read and referred
to the committee on miscellaneous
su bjects.

CONVENTION OF 1875

Ninth Day

[May 20

Thursday]

Article — .

The seat of government of the state
shall be at the city of Lincoln, but
the legislature may provide by law
for a change of the seat of govern-
ment by a vote of the people and in
the event of the seat of government
being moved from the city of Lincoln
the capitol buildings and grounds
shall be dedicated to an institution
for the 'promotion of science, litera-
ture and the arts, to be organized by
the legislature of the state.

Mr. Becker offered the following
resolution amendatory to the consti-
tution, which was read and referred
to the committee on legislative ap-
portionment.

I. RESOLVED, That the legisla-
ture shall be apportioned on the basis
of a population of nine thousand
(9,000) persons for each senatorial
district, and where one or more coun-
ties contiguously situated have only
three-fifths of said nine thousand
population, they shall be entitled to
a senator.

II. That a population of three
thousand persons shall be the basis
for one representative, and where
one or more counties contiguously
situated have only one-half of the
three thousand required, they shall
be entitled to a representative.

Mr. Henry offered the following
resolution amendatory to the consti-
tution, which was read and referred
to the committee on education, school
funds and lands.

RESOLVED, [That] the legisla-
ture may by law abolish the office
of superintendent of ^public instruc-
tion and provide for such manage-
ment of the public schools as may
be most economical and promote the
interests of education.

Mr. Hawley offered the following
as additional to the bill of rights,
which was read and referred to the
committee on bill of rights.

Mr. President, the following is
submitted as an additional section to
the bill of rights:

That no title of nobility, or heredi-
tary emolument, privilege or distinc-
tion can be granted.

Mr. Harrington offered the follow-
ing resolution amendatory to the con-
stitution, which was read and re-
ferred to the committee on educa-
tion, school funds and lands.

RESOLVED, That in providing for
the investment of the permanent
school funds preference shall be
given to the following securities of
this state in their order: First, state
bonds; second, county bonds; third,
school district' bonds and siich other
state securities as shall be determined
by the board of commissioners hav-
ing the charge of said funds. Said
securities shall bear not less than six
per cent interest and the legislature
shall enact such laws as will secure
the prompt payment of the interest
on said securities.

Mr. Grebe offered the following
resolution amendatory to the consti-
tution, which was read and referred
to the legislative committee.

RESOLVED, [That] no bill shall
be introduced into either house of
[the] legislature after the expiration
of the first twenty days succeeding
the permanent organization of the
same.

Mr. Shedd offered the following
resolution, which was adopted.

RESOLVED, That the auditor of
state be requested to furnish this
convention a statement of the
amount of indebtedness of the state
at the present time.

554 NEBRASKA CONSTITUTIONAL CONVENTIONS

Thursday]

Mr. Van Wyck offered the follow-
ing resolution:

RESOLVED, That after this day
an additional daily session be held at
7:30 p. ni.

Mr. Calhoun moved to lay the
resolution on the table; which mo-
tion prevailed.

Mr. Van Wyck offered the follow-
ing resolution:

RESOLVED, That after this day,
an additional daily session be held at
7:30 p. m.

Mr. Manderson moved to amend
by inserting "Monday next" in place
of "after this day"; which amend-
ment was concurred in and the reso-
lution adopted as amended.

Mr. Martin offered the following
resolution amendatory to the consti-
tution, which was read and referred
to the legislative committee.

RESOLVED, [That] no law shall
go into effect until the first 'of July
after it is passed, except where laws
are passed at a special session of the
legislature, and when laws are
passed at a special session of the
legislature they shall not take effect
until sixty days after the adjourn-
ment of such special session. PRO-
VIDED, that laws passed at any ses-
sion may take effect at once upon its
])assage, if two-thirds of the mem-
bers of each house shall decide that
an emergency has arisen or exists for
the immediate taking effect of each
law and so declare in the title of
such bill or law and stating the rea-
sons for such emergency, and pro-
vided further that all laws passed by
the legislature shall be published
within sixty days .after their passage.

Mr. Robertson offered the follow-
ing resolution amendatory to the con-
stitution, which was read and referred I

[May 20

to the committee on miscellaneous
subjects.

RESOLVED, That the capitol of
the state shall remain at Lincoln un-
til otherwise provided by law; and no
further or other provision shall be
inserted in the constitution with ref-
erence to the removal of the capitol.

On motion of Mr. AVeaver, at 10
o'clock, the convention iadj-ourned
unt 1 2 o'clock this p. m.

Afternoon Session.

The convention was called to or-
der by the president.

Roll called by the secretary..

PRESENT.

rl L) U U I L ,

Hopewell,

Agur,

Hunter,

Keeker,

Kendall,

j_> uy u. ,

Kirkpatrick,

Rroady,

Laird,

Brown,

McPherson,

Burtch,

Manderson,

Calhoun,

Martin,

Cams,

Matthews,

Clark,

Maxwell,

Coates,

Peery,

Conner,

Pierce,

Cu m m ins,

Pound,

Dawes,

Powers,

Doom,

Rees,

Dunlap,

Robertson,

Kldridge,

Rogers,

Ewan,

Sauls,

Foss,

Shedd,

Frady,

Smith,

Carber,

P terns.

Grebe,

Stevenson.

Grenell,

Thompson,

GrifRng,

Thome,

Hallner,

Vallery,

riamilton,

Van Wyck,

Harmon,

Walt her,

Harper,

Availing,

Harrington,

AVarrington,

Hawley,

AVeaver,

Hayward,

AVilcox, «

Henry.

Mr. President

Flinman,

Ninth Day

• 4

CONVENTION OF 1875

555

Thursday]

Ninth Day

[May 20

ABSENT..
Briggs, Gwyer,
Oere, Hunger. — 4.

Mr. Cummins, from the committee
on accounts and expenditures, sub-
mitted the following report, relative
to the appropriations and expendi-
tures of the public -funds. [Report
not supplied. — Ed.]

The question being upon the
adoption of the report, Mr. Grenell

ABSENT.
Briggs, Hunger,
tlere; Weaver. — 5.

Hartin,

A majority of the members pres-
ent voting in the negative, the
amendment wias lost.

The question recurring upon the
original report it was adopted.

Mr. Dunlap, from the committee
on penitentiary and reformatory in-

moyed that the report be amended stitutions, submitted the following
hy striking out "1000" and inserting I report:
"2000" in lieu thereof.

The yeas and nays bemg demanded,
those voting in the affirmative were

Brown,
Calhoun,
Carns,
Clark,
Coates,
Cummins,
Doom,
Dunlap,
Ewan,
Grebe,
Grenell.

Griffing,
Gwyer,
Harrington,
Hawley,
Hinman,
McPherson,
Manderson.
Feery,
Rogers,
Thompson,
Warrington,
Wilcox. — 23.
Voting in the negative

Abbott,

'Kirkpatrick,

Agur,

Laird,

Becker,

Matthews,

Boyd,

Maxwell,

Broady,

Pierce,

Burtch,

Pound,

Conner,

Powers,

Daves,

Rees,

E!d ridge.

Robertson,

Foss,

Sauls,

Frady,

Shedd,

Garber,

Smith,

Hallner,

Sterns,

Hamilton,

Stevenson,

Harmon,

Thorne,

Harper,

Vallery,

Hayward,

Van Wyck,

Henry,

Walther,

Hopewell,

Walling,

Hunter,

Mr. President. —

Kendall,

41.

Mr. President and gentlemen of the
convention: Your committee on peni-
tentiary and reformatory institutions
beg leave -to report that we have not
found anything in the subjects as-
signed for our consideration essential
to be incorporated in the constitu-
tion but recommend the question to
legislative action.

W. L. DUNLAP,

Chairman.

Mr. Dawes offered the following
article amendatory to the constitu-
tion, which was read and referred to
the legislative committee.

Article — .

Members of the legislature, before
they enter upon their official duties,
shall take and subscribe the follow-
ing oath or affirmation: "I do
solemnly swear (or affirm) that I
will support the constitution of the
United States, and [the] constitu-
tion of the state of Nebraska, and
will faithfully discharge the duties of
sen\ator — or] (representative — 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 accepted, nor will I accept
or receive, directly or indirectly, any

556 NEBEASKA CONSTITUTIONAL CONTENTIONS

Thursday]

Mnth Day

[May 20

money or other valuable thing from
any corporation or person for any
vote or influence I may give or with-
hold on any bill, resolution, or appro-
priation, or for bny other official
act.

This oath shall be administered by
a judge of the supreme or circuit
court in the hall of the house to
which the member is elected, and the
secretary of state shall record and
file the oath subscribed by each
member. Any member w3io ishall
refuse .to take the oath herein pre-
scribed shall forfeit his office, and
f2very member who shall be con-
victed of having sworn falsely to, or
of violating his said oath, shall for-
feit his office,; and be disqualified
thereafter from holding any oflice
of profit or trust in this state.

JAS. \v. DAWES.

]\Ir. Ewan offered the following
resolution amendatory to the consti-
tution, which was read and referred
to the committee on right of suf-
frage.

RESOLVED, [That] every elector
in the actual military service of the
Jnited States, or of this state, and
not in the regular army, may exercise
the right of suffrage at such place
and under such regulations as may
be prescribed by law.

On motion of Mr. Abbott, the con-
vention resolved itself into a com-
mittee of the whole house on mis-
cellaneous corporations, with .\Ir,
Manderson in the chair.

After some time spent therein, the
committee arose and by its chair-
man submitted the following report:

^Ir. President, the convention in
committee of the whole have had
under consideration the article on
miscellaneous corporations and re-
port the same back with the recom-
mendation that section 4 be amended
by inserting the word ascertained in

place of "settled," and that the ar-
ticle as amended be adopted.

The amendment was adopted.

The question being upon the ar-
ticle as amended, Mr. Van Wyck of-
fered the following as an amendment
to section 3 by adding to the same:

"The legislature shall prohibit all
foreign insurance companies from
doing business in this state, until
they have each elected a director re-
siding within the state."

On motion of Mr. Boyd, the fore-
going amendment was laid on the
table.

:\Ir. Gwyer moved to strike out all
of the fourth line, section 4, and in-
sert the following:

"Creditors in a sum of money
equivalent to the par value of the
stock severally held by said stock-
holders;" which was agreed to.

:Mr. Hayward offered the follow-
ing amendment to section 4, addi-
tional to the preceding:

"For all liabilities accruing while
they remained such stockholders."

Which amendment was adopted.

Mr. Van Wyck offered the follow-
ing amendment as additional to sec-
tion 3:

"No foreign corporation shall do
any business in this state without
having one or more known places of
business and an authorized agent or
agents in the same upon whom pro-
cess may be served. Such corpora-
tion [s] shall not engage in business
until they have nrst filed in the office
of the secretary of state a consent
not to remove or attempt to remove
any suit commenced in the state
court by an inhabitant of this state
to the V. S. court, and that no paper,
contract or agreement shall be made
and executed by said corporation uu-

CONVENTION OF 1875

557

Friday]

less there is inserted in the contract,
agreement or paper an express state-
ment that they will not attempt to
remove any such suit to the U. S.
courts. And the agent or attorney or
employe of any such corporation who
omit any such statement shall be
guilty of an offense for which the
legjislature shall provide punish-
ment."

Which amendment was not adopt-
ed.

The question recurring upon the
adoption of the article, Mr. Abbott
moved to amend the motion to adopt
by striking out section 4 as amended.

Mr. Brown moved that the entire
article be recommitted to the com-
mittee of the whole house; which
motion was lost.

The question being on the amend-
ment to the motion to adopt, offered
by Mr. Abbott, the yeas and nays
were demanded.

Those voting in the affirmative

were

Abbott,

McPherson,

Agur,

Manaerson,

Boyd,

Maxwell,

Briggs,

Munger,

Broady,

Powers,

Brown,

Robertson,

Calhoun,

Sauls,

Eldridge,

Shedd,

Frady,

Sterns,

Gere,

Walling,

Harper,

Warrington. — 2 3

Kendall,

Voting in the negative,

Becker,

Dunlap,

Burtch,

Ewan,

Carns,

Foss,

Clark,

Garber, •

Coates,

Grebe,

Conner,

Grenell,

Cummins,

Griffing,

Dawes,

Gwyer,

Doom,

Hallner,

[May 21

wl PV

Pierce

T-Tq TYl 1 1 "^r^n
XXctiXLlI LUil,

Pound,

A. X CL x 111 \J xL J

Rees,

-L-l-Cll 1 IllgHJlly

f\ <y at* c
XVOgtirb,

01JJ.1LU,

Henry,

Hinman,

Thompson,

Hopewell,

Thorne,

Hunter,

Vallery,

Kirkpatrick,

Van Wyck,

Liaird,

Walther,

Martin,

Wilcox,

Matthews,

Mr. President. — 45.

Peery,

Absent, Mr. Weaver.

A majority of the members voting
in the negative, the motion was lost.

Mr. Manderson offered the follow-
ing substitute for section 4, which
was adopted.

Sec. 4. Every stockholder in cor-
porations shall be liable over and
above the stock by him or her owned
to a further sum at least equal in
amount to such stock.

The question recurring on the ar- .
tide as lamended. It was adopted;
and on motion it was ordered en-
grossed for a third reading.

Mr. Laird offered the following
resolution, which was adopted:

RESOLVED, That hereafter no
printed matter shall be considered in
committee of the whole unless the
same shall have been in the posses-
sion of the convention at least twen-
ty-four hours.

On motion of Mr. Martin, the con-
vention adjourned at 5.25 p. m., until
tomorrow morning at 9 o'clock.

TENTH DAY.

Lincoln, May 21st, 1875.
The convention met pursuant to
adjournment and was called to order
by the president.

Tenth Day

558 NEBRASKA COXSTITUTIOXAL CON\^XTIONS

Friday]

Tenth Day

[May 21

The roll was called and there were
PRESENT

Abbott,

Hopewell,

Agur,

Hunter,

Becker,

Hayward,

Boyd,

Kendall,

Briggs,

Kirkpatrick,

Broady,

Laird,

Brown,

-\icPherson,

Burtch,

IVIanderson,

Cams,

Matthews,

Clark,

Maxwell,

Coates,

Munger,

Conner,

Peery,

Cummins,

Pierce.

Dawes,

Pound.

Doom,

Powers,

Dunlap,

Rees,

Eldridge,

Robertson,

Ewan,

Rogers,

Foss,

Sauls,

Frady,

Shedd,

Garber,

Smith,

Oere,

Sterns,

•Grebe,

Sevenson,

Grenell,

Thompson,

Griffing,

Thorne.

Gwver,

Vallerv.

• Hallne'r,

Van Wyck,

Hamilton,

Walther,

Harmon,

Walling,

Harper,

AVarrington,

Harrington,

Weaver,

Hawley,

Wilcox,

Henry.

Mr. President.

Hinman,

ABSENT.

Calhoun,

Martin. — 2.

Prayer by

Rev. .J. W. Ellis.

Journal read and approved as cor-
rected.

Mr. Agur. from the committee on
state, counties and county bound-
aries, reported the following article
amendatory to the constitution.
[Article not original — newspaper
clipping. — Ed.]

Your committee on state and coun-
ty boundaries and counties beg leave

to present the following report and
would recommend its adoption.

Section 1. No new county shall be
formed or established by the legisla-
ture which will reduce the county or
counties or either of them to a less
area than four hundred square miles,
nor shall any county be formed of
a less area.

Sec. 2. No county shall be divided
or have any part stricken therefrom,
without first submitting the question
to a vote of the people of the county;
nor unless a majority of all the legal
voters of the county voting on the
question shall vote for the same:
PROVIDED, [That] the legislature
may divide any county whose area
exceeds nine hundred square miles,
without submitting the question to
the vote of the people.

Sec. 3. There shall be no territory
stricken from any organized county,
unless a majority of the voters liv-
ing in such territory shall petition
for such division, and no territory
shall be added to any organized coun-
ty without the consent of the major-
ity of the voters of the counties to
which it is proposed to be added,
but the portion so stricken off and
added to another county, or formed
m whole or in part into a new coun-
ty, shall be holden for and obliged
tc pay its proportion of the indebted-
ness of the counties from which it
has been taken.

Sec, 4. No county seat shall be
removed to a point more distant from
the center of the county until two-
thirds of the voters of the county
shall have voted in favor of its re-
moval to such point: PROVIDED.
That when an attempt is made to re-
move a county seat to a point nearer
the center of the county, such county
seat shaJl be removed to such point
when seven-twelfths of the voters of
the county shall have voted in favor
of such removal, and the question of
removal may be submitted once in
four years, and no person shall vote

CONVENTION OF 1875

559

Triday]

on the Question of removal who has
not resided in the county six months,
and in the election pifecinct sixty
days next preceding such election.

Sec. 5. The legislature shall pro-
vide by law for the election of such
county and township officers as may
be necessary.

Sec. 6. The legislature shall pro-
vide by general law for township or-
ganization under which any county
may organize whenever a majority of
the legal voters of such county, vot-
ing at any general election, shall so
determine, and whenever any county
shall adopt township/ organization,
so much of this constitution as pro-
vides for the management of the
fiscal concerns of the said county by
the board of county commissioners
may be dispensed with, and the af-
fairs of said county may be trans-
acted in such manner as the legisla-
ture may provide, and in any county
that shall have adopted a township
organization the question of contin-
uing the same may be submitted to a
vote of the electors of such county,
at a general election m the manner
that shall be provided by law, and if
a majority of all votes cast upon that
question shall be against township
organization, then such organization
shall immediately take effect and be
laws in force in relation to counties
not having township organization
shall immediately take effect and be
in force in such county. No two
townships in any one county shall
have the same name, and the day of
holding the annual township meet-
ings shall be uniform throughout the
state.

LUKE AGUR,

Chairman.

Which was read the first time. The
rules were suspended, two-thirds of
the members voting therefor, and
the article was read a second time by
its title and referred no the commit-
tee of the whole house.

[May 2i

Mr. Maxwell, from the judiciary
committee, reported the following
article amendatory to the constitu-
tion. [Article not original — newspa-
per clipping. — Ed.]

Mr. President, the committee on
judiciary report the following article,
entitled, "The Judicial Department,"^
and respectfully recommend the
adoption of the same.

The Judicial Department.

Section 1. The judicial power of
this state shall be vested in a supreme
court, district courts, county courts,
justices of the peace, police magis-
trates, and in such other courts, in-
ferior to the district courts, as may
be created by law for cities and in-
corporated towns.

Sec. 2. The supreme court shall
consist of three judges, a majority
of whom shall be necessary to form
a quorum or to pronounce a decision.
It shall have original jurisdiction in
cases relating to the revenue, civil
cases in which the state shall be a
party, mandamus, quo warranto,
habeas corpus, and such appellate
jurisdiction as may be provided by
law.

Sec. 3. At least two terms of the
supreme court shall be held in each
year, at the seat of government.

Sec. 4. The judges of the supreme
court shall be elected by the electors
of the state at large, and their terms
of office, except of those chosen at
the first election as hereinafter 'pro-
vided, shall be six years.

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

Sec. 6. The judge of the supreme
court having the shortest term to
serve, not holding his office by ap-
pointment or election to fill a va-

Tenth Day

560 NEBRASKA COXSTITUTIOXAL COXVEXTIONS

Friday] Tenth Day [May 21

cancy, shall be the chief justice, and
as such shall preside at all terms of
the supreme court, and in case of his
absence the judge having in like man-
ner the next shortest term to serve
shall preside in his stead.

Sec. 7, Xo person shall be eligible
to the office of judge of the supreme
court, unless he shall be at least
thirty years of age, and a citizen of
the United States, nor unless he shall
have resided in this state at least
three years next preceding his elec-
tion.

Sec. 8. There shall be appointed
by the supreme court a reporter, who
shall also act as clerk of the supreme
court and as librarian of the law and
miscellaneous library of the state,
whose term of office shall be for the
term of four years, unless sooner re-
moved by the court, whose salary
shall be fixed by law, not to exceed
fifteen hundred dollars per annum.
The copyright of the state reports
to forever belong to the state.

Sec. 9. The district courts shall
have such original and appellate jur-
isdiction as is or may be prescribed
by law.

Sec. 10. The state shall be divided
into six judicial districts, in each of
which shall be elected by the electors
thereof one judge who shall be judge
of the district court therein, and
whose term of office shall be six
years.

Until otherwise provided by law,
said districts shall be as follows:

First District. The counties of
Richardson, Johnson, Fawnee, Gage,
Jefferson, Saline, Thayer, Clay, Nuck-
olls, and Fillmore.

Second District. The counties of
Nemaha, Otoe, Cass, and Lancaster.

Third District. The counties of
Douglas, Sarpy Washington, and
Burt.

Fourth District. The counties of
Saunders, Dodge, Butler, Colfax,
Platte, Polk, ]\Ierrick, Hamilton,
York, Seward, Hall, and Howard.

Fifth District. The counties of
Buffalo, Adams, Webster, Franklin,
Harlan, Kearney, Phelps, Gosper,
Furnas, Hitchcock, Dundy, Chase,
Cheyenne, Keith, Lincoln, Dawson,
Sherman, Red Willow, and Frontier.

Sixth District. The counties of
Cuming, Dakota, Dixon, Cedar,
Wayne, Stanton, Boone, Madison,
Pierce, Knox, Antelope, Holt, Gree-
ley, and Valley.

Sec. 11. The legislature, when-
ever two-thirds of the members
elected to each house shall concur
therein, may, in the year one thou-
sand eight hundred and eighty, and
every five years thereafter, increase
the number of judges of the district
courts, and the judicial districts of
the state. Such districts shall be
formed of compact territory, and
bounded by county lines; and such
increase or any change in the bound-
aries of a district shall not vacate
the office of any judge.

Sec. 12. The judges of the dis-
trict courts may hold courts for each
other, and shall do so when required
by law.

Sec. 13. The judges of the su-
peme court shall each receive a sal-
ary of $3,000, and the judges of the
district court shall each receive a
salary of $2,500 per annum, pay-
able quarterly.

'Sec. 14. No judge of the supreme
court or district court shall receive
any other compensation, perquisite
or benefit, in any form whatever,
nor perform any other than judicial
duties to which may belong any
emoluments, nor shall any salary or
other compensation be paid by the
state to any county judge.

Sec. 15. There sliau be elected in
and for each organized county one
judge, who shall be judge of the
county court of such county, and
whose term of office shall be two
years.

CONVENTION OF 1875

561

Friday] Tenth Day [May 21

Sec, 16. County courts shall be
courts of record, and shall have orig-
inal jurisdiction in all matters of pro-
bate, settlement of estates of de-
ceased persons, appointment of
guardians, and settlement of their
accounts, in all matters relating to
apprentices, and such other jurisdic-
tion as may be given by general law.
But they shall not have jurisdiction
in criminal cases in which the pun-
ishment may exceed six months im-
prisonment, or a fine of over five
hundred dollars; nor in actions in
which title to real estate is sought
to be recovered, or may be drawn in
question; nor in actions on mortgages
or contracts for the conveyance of
real estate; nor where the debt or
sum claimed shall exceed one thou-
sand dollars.

Sec. 17. Appeals to the district
courts from the judgments of county
courts shall be allowed in all crimi-
nal cases, on application of the de-
fendant; and in all civil cases, on ap-
plication of either party, and in such
other cases as may be provided by
law.

Sec. 18. Justice of the peace and
police magistrates shall be elected
in and for such districts, and have
and exercise such jurisdiction as may
be provided by law: PROVIDED.
That no justice of the peace shall
have jurisdiction of any civil cases
where ithe amount in controversy
shall exceed one hundred dollars; nor
in a criminal case where the punish-
ment may exceed three months im-
prisonment, or a fine of over one
hundred dollars; nor in any matter
wherein the title or boundaries of
land may be in dispute.

Sec. 19. All laws relating to
courts shall be general, and of uni-
form operation; and the organiz-
tion, jurisdiction, powers, proceed-
ings and practice of all courts of the
same class or grade, so far as relates
to law, and the force and effect of

the proceedings, judgments, and de-
crees of such courts, severally, shall
be uniform.

Sec. 20. The legislature may, for
cause entered on the journals, upon
due notice, and opportunity of de-
fense, remove from office any judge
of the supreme or district court, upon
concurrence of three-fourths, of all
the members elected to each house.
All other officers in this article mem-
tioned shall be removed from office
on prosecution and final conviction
for misdemeanor in office, in such
manner as may be provided by law.

Sec. 21.

Sec. 22. All officers provided for
in this article shall hold their offices
until their successors shall be quali-
fied, and they shall respectively re-
side in the district, county, or pre-
cinct for which they shall be elected
or appointed. The term of office of
all such officers, when not otherwise
provided for in this article, shall be
two years. All officers when not
otherwise provided for in this article
shall perform such duties and receive
such compensation as may be pro-
vided by law.

Sec. 23. In case the office of any
judge of the supreme court, or of
any district court shall become va-
cant before the expiration of the reg-
ular term for which he was elected,
the vacancy shall be filled by ap-
pointment by the governor, until a
successor shall be elected and quali-
fied, and such successor shall be
elected for the unexpired term at
the first general election that occurs
more then thirty days after the va-
cancy shall have happened. Vacan-
cies in all other elective offices pro-
vided for in this article shall be
filled by election, but when the un-
expired term does not exceed one
year, the vacancy may be filled by ap-
pointment in such manner as the
legislature may provide.

562 NEBRASKA CONSTITUTIONAL CONVENTIONS

Friday]

Tenth Day

[May 21

Sec. 24. Tao state may sue and
be sued, and the legislature shall
provide by law in what manner and
in what courts suits shall be brought.

Sec. 25. The several judges of the
courts of record shall have such jiiris-
diction at chambers as may be pro-
vided by law.

Sec. 2 6. All processes run in the
name of ''The State of Nebraska,"
and all prosecution [s] shall be car-
rier on in the name of the state of
Nebraska.

Respectfully submitted,

SAMUEL :\IAXWELL,

Chairman.

Mr. President, the undersigned
members of the judiciary committee
would respectfully report that in our
opinion it is expedient and practic-
able to subdivide the state into three
judicial districts, so that one judge
of the supreme court may be elected
from each district by the electors of
the state at large, and we recommend
that the following districts, or as
near as may be, may be adopted by
this convention:

The first district shall consist of all
that territory in the state of Nebraska
south of the Platte river and east of
a line between ranges four and live,
west of the sixth principal meridian.

The second district shall consist of
all that territory in the state of Ne-
braska north of the Platte river and
east of a line between ranges four and
five, west of the sixth prii.-ciiial
meridan.

The third district shall consist of
all that territory in the state of Ne-
braska west of a line between ranges

four and five, west of the sixth prin-
cipal meridian.

Respectfully, etc.,

A. H. CONNER,

B. I. HINMAN.
M. B. REES,

A. J. WEAVER,
JAMES LAIRD.
Mr. President, the undersigned
members of the judiciary committee
would respectfully report that in our
judgment it is not at this time prac-
ticable or right to subdivide or dis-
trict the state so as to elect one mem-
ber of the supreme court from each
district. We recommend that the
! members of the supreme court be
! chosen from the state at large.

J. H. BROADY,
S. B. POUND,
SAM'L. MAXWELL,
R. F. STEVENSON,
CLINTON BRIGGS,
M. L. HAYWARD.
GEO. S. SMITH.
Which was read the first time. The
rules were suspended, two-thirds of
the members voting therefor, and the
article was read a second time by its
title, and referred to the whole
house.

Mr. Clark offered the following
resolution, amendatory to the consti-
tution; which was read and referred
to the committee on education, school
funds and lands.

RESOLVED, That the unsold por-
tions of sections sixteen (16) and
thirty-six (36) of each township,
known as common school lands,
shall never be sold: PROVIDED.
That the legislature shall provide by
law for the leasing of the same for
the term of twenty years, after which

C0N\1ENTI0N OF 1875

563

Priday]

Tenth Day

[May 21

time the legislature may provide for
the appraisement and sale of said
common school land.

On motion of ]Mr. Gwj'er, the vote
by which the article on miscella-
neous corporations was ordered en-
grossed for a third reading was re-
considered.

On motion of Mr. Gwyer, the ar-
ticle on miscellaneous corporations
was recommitted to the committee
on miscellaneous corporations.

•Mr. Manderson asked and received
unanimous consent to submit, on
the part of the executive committee,
the following article amendatory to'
the constitution. [Article not origi-
nal— newspaper clipping. — Ed. ]

The Executive Department.

Report of the executive depart-
ment, Mr. Manderson, chairman.

Mr, President, your committee on
the executive beg leave to present the
following report:

That it has had under considera-
tion the subject of proper provisions
to be incorporated in the constitu-
tion, and recommends the adoption
of the following resolution:

RESOLVED, That the article up-
op the executive department to [be]
incorporated in the constitution, be
as follows:

ARTICLE — .
r^vecutive Department.

Sec. 1. Officers of the depart-
ment. •

Sec. 2. Eligibility for office.

Sec. 3. Of the state treasurer.

Sec. .4. Returns. Tie. Contested
fciection.

Sec. 0. Impeachment for misde-

meanor.

Sec. 6. Governor. His power
and duty.

Sec. 7. His message and state-
ments.

Sec. 8. Convening the legisla-
ture.

Sec. 9. Proroguing the legisla-
ture.

Sec. 10. Appointment by the gov-
ernor.

Sec. 11. Vacancies filled by the
governor.

Sec. 12. Removals by governor

Sec. 13. Reprieves, commuta-
tions, pardons.

Sec. 14. Governor commander in
chief.

Sec. 15. Veto of the governor.
Sec. 16. Lieutenant governor.
Sec. 17. President of the senate.
Sec. IS. Vacancy in governor's
office.

j Bee. 19. Board of public works
and lands.

Sec. 20, Vacancies in state offices.

Sec. 21. Accounts and reports.

Sec, 22. Reports of state officers.

Sec. 23. The seal of the state.

Sec. 24. Salaries of executive of-
ficers.

Sec, 2 5. Office and employmenu
Sec. 2 6. Oath of civil officers.
Sec. 2 7. Bonds of executive of-
ficers.

Sec. 28. No other offices.

Officers of the Department.
Section 1. The executive depart-
ment shall consist of a governor,
lieutenant governor, secretary of
i state, auditor of public accounts,
j treasurer, superintendent of public
instruction, attorney general, and
! commissioner of public lands and
{ buildings, who shall each hold his
office for the term of two years
from the first day of January,
next after his election and until
his successor is elected and qualified:
PROVIDED, however, that the first
election of said officers shall be
on the Tuesday succeeding the first
Monday in November, 1876, and

564 NEBRASKA CONSTITUTIOXAL C0XVEXTI0X8

Friday]

Tenth Day

[May 21

each succeeding election shall be
held at the same relative time in
each even year thereafter. The gov-
ernor, secretary of state, auditor of
public accounts, and treasurer shall
reside at the seat of government
during their term of office and keep
the public records, books and papers
there, and shall perform such
duties as may be required by law.

Eligibility for Office.

Sec. 2. No person shall be eligible
to the ofRce of governor or lieutenant
governor who shall not have attained
the age of thirty years and been for
two years next preceding his election
a citizen of the United States and of:
this state. Neither the governor,
lieutenant governor, auditor of pub- 1
lie accounts, secretary of state, I
treasurer, superintendent of public !
instruction, attorney general, com-
missioner of public lands and build-
ings shall be eligible to any other of-,
flee during the term for which he was ;
elected.

Of the State Treasurer.

Sec. 3. The treasurer shall be in-
eligible to the office of treasurer for '
the two years next after the expira- \
tion of two consecutive terms for |
which he was elected. '

Returns, Tie, Contest ort Elections.

Sec. 4. The returns of every elec-
tion for the officers of the execu- \
tive de])artment shall be sealed up
and transmitted, by the returning;
officers, to the secretary of state^ di- 1
rected to the speaker of the house
of representatives, who shall, imme- !
diately after the organization of the
house, and before proceeding to oth-
er business, open and publish the
same in the presence of a majority
of each house of the legislature,
who shall, for that purpose, assem-
"ble in the hall of the house of rep-
resentatives. The i?erson having the
highest number of votes for either

of said offices shall be declared duly
elected, but if two or more have an
equal, and the highest number of
votes, the legislature shall, by joint
ballot, choose one of such persons
for said office. Contested elections
for all of said officers shall be deter-
mined by both houses of the legis-
lature by joint ballot, in such man-
ner as may be prescribed by law.

Impeachment For 31isdemeanor.

Sec. 5. All civil officers of this
state shall be liable to impeachment

for an3' misdemeanor in office.

Governor, His Power and Duty.

Sec. 6. The supreme executive
power shall be vested in the gov-
ernor, who shall take care that the
laws be faithfully executed.

His Messages and Statements.

Sec. 7. The governor shall, at the
commencement of each session, and
at the close of his term of office, and
whenever the legislature may re-
quire, give to the legislature infor-
mation by message of the condition
of the state, and shall recommend
such measures as he shall deem ex-
pedient. He shall account to the
legislature and accompany his mes-
sage with a statement of all moneys
received and paid out by him, from
any funds subject to his order, with
vouchers, and. at the commencement
of each regular session, present es-
timates of the amount required to
be raised by taxation for all pur-
poses.

Convening the Legislature.

Sec. 8. The governor may, on ex-
traordinary occasions, convene the
legislature by proclamation, stating
therein the purpose for which they
are convened, and the legislature
shall enter upon no business except
that for which they were called to-
gether.

CONVENTION OF 1875

565

j^rlday] Tenth Day [May 21

Proroguing the Legislature.

[Sec. 9.] In case of a disagree-
ment between the two houses, with
respect to the time of adjournment,
the governor may, on the same being
certified to him by the house first
moving the adjournment, adjourn
the legislature to such time as he
thinks proper, not beyond the first
day of the next regular session.

Appointments by the Governor.

Sec. 10. The governor shall nomi-
nate and, by and with the advice and
consent of the senate, (expressed by
a majority of all the senators elected,
Toting by yeas and nays) appoint
all officers whose offices are estab-
lished by this institution [constitu-
tion (?)], or which may be created
Tjy law and whose appointment or
election is not otherwise by law or
herein provided for, and no such
officer shall be appointed or elected
by the legislature.

Vacancies Filled By Governor.

Sec. 11. In case of a vacancy,
during the recess of the senate, in
a,ny office which is not elective, the
governor shall make a temporary ap-
pointment until the next meeting of
the senate, when he shall nominate
some person to fill such office, and
any person so noniin,ated, who is
confirmed by the senate (a majority
of all the senators elected concur-
ring by voting yeas and nays) shall
liold his office during the remainder
of the term, and until his successors
shall be appointed and qualified. No
person after being rejected by the
senate shall be again nominated for
the same office at the same session,
unless at the request of the senate,
or be appointed to the same office
during the recess of the legislature.

Removals by Governor.

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
vacancy.

Reprieves, Commutations, Pardons.

I Sec. 13. The governor shall have
the power to grant reprieves, com-
mutations and pardons, after convic-
tion, for all ott"enses except treason
and cases of impeachment, upon such
conditioEis and with such restric-
tions and limitations as he may
tliink proper, subject to such regula-
tions as may be provided by law rel-
ative to the manner of applying for
pardons. Upon conviction, for trea-
son, he shall have power to suspend
the execution of the sentence until
the case shall be reported to the
legislature at its next session, when
the legislature shall either pardon or
commute the sentence, direct the exe-
cution of the sentence or grant a
further reprieve. He shall communi-
cate to the legislature, at every regu-
lar session, each case of reprieve,
commutation or pardon granted,
stating the name of the convict, the
crime of which he was convicted, the
sentence and its date, the reprieve,
commutation or pardon. In cases of
conviction upon imii(eachmc/nt, the
legislature may remit so much of the
sentence as shall disqualify the con-
victed person from holding office.

Governor, Commander in Chief.

Sec. 14. The governor shall be
commander in chief of the civil and
naval forces of the state (except
when they shall be called into the
service of the United States) and
may call out the same to execute the
laws, suppress insurrection, and repel
invasion.

Veto of the Governor.

Sec. 15. Every bill passed by the
legislature, before it becomes a law.

566 NEBRASKA CONSTITUTIONAL CONVENTIONS

IWday] Tenth Day [May 21

and every order, resolution or vote to
which the concurrence of both houses!
may be necessary, (except on ques-i
tions of adjournment) shall be pre- 1
eented to the governor. If he approve,
he shall sign it and therefore [there-
upon (?)] 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 objection
at large upon its journals and pro-
ceed to reconsider the bill. If, then,
three-fifths of the members elected
agree to pass the same, it shall be
sent, together with the objections, to
the other house, by which it shall
likewise be reconsidered, and if ap-
proved by three-fifths of the members
elected to that house, it shall become
a law, notwithstanding the objec-
tions of the governor; but the vote
necessar}^ to repass such bill shall
not be less than that required on the
original passage in each house. In
all such cases the vote of each house
shall be determined by the yeas
and nays to be entered upon 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
legislature by their adjournment pre-
vent its return; in which case it shall
be filed with his objections in the
office of the secretary of state within
five days after such adjournment
[or] becomes a law. The governor
may disapprove any item or items
of appropriations contained in bills
passed by the legis ature, and the
item or items so disapproved shall
be stricken therefrom unless repass-
ed in the manner herein prescribed
in cases of disapproval of bills.

Lieutenant (iovernor.

Sec. 16. In case of the death, im-
peachment to the senate and notice
thereof to the accused, failure to
notify, resignation,, absence from the

state, or other disability of the gov-
ernor, the powers, duties, and emolu-
ments of the office, for the residue of
the term, or until the disability shall
be removed, shall devolve upon the
lieutenant governor.

Pre.sidont of the Senate.

Sec. 17. The lieutenant governor
shall be president of the senate, and
shall vote only when the senate is
equally divided.

Vacancy in Governor's Office.

Sec. IS. If there be no lieutenant
governor, or if the lieutenant gov-
ernor 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 any of the above named
causes, shall become incapable of
performing the duties of governor,
the same shall devolve then upon
the speaker of the house of repre-
sentatives.

lioard of l*ul)lic Works and Lands.

Sec. 19. The commissioner of
public lands and buildings, the sec-
retary of state, treasurer and attor-
ney general, shall form a board
which shall have general supervision
and control of the building [s],
grounds, and lands of the state, the
state prison, asylum, and other insti-
tutions thereof, except those for edu-
cational purposes; and shall perform
such duties and bo subject to such
rules and regulations as may be pre-
scribed by law.

Vacancies in State Offices.

Sec. 20. If the office of auditor of
public accounts, treasurer, secretary
of state, attorney general, commis-
sioner of public lands and buildings,
or superintendent of public instruc-
tion shall be vacated by death, resig-
nation or othierwise. it shall be the

CONVENTION OF 1875

567

Friday] Tenth

duty of the governor to fill the same
by appointment, and the appointee
shall hold his office until his suc-
cessor shall be elected and qualified
in such a manner as may be provided
by law.

Accounts and Reports.

Sec. 21. An account shall be kept
by the oflicers of the executive de-
partment and of all the public insti-
tutions of the state, of all moneys
received or disbursed by them sev-
erally from all sources, and for ev-
ery service performed; and a semi-
annual report thereof be made to
the governor under oath; and any
officer who makes a false report shall
be guilty of perjury and punished
accordingly.

Reports of State Officers.
Sec. 2 2. The officers of the exe-
cutive department and all of the
public institutions of the state shall
at least ten days preceding each regu-
lar session of the legislature severally
report to the governor, who shall
transmit such reports to the legisla-
ture, together with the reports of the
judges of the supreme court of de-
fects 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 man-
agers of state institutions upon any
subject relating to the condition,
management and expenses of their
respective offices.

Tlie Seal of tJie State.

Sec. 23.' There shall be a seal of
the state, which shall be called the
"'Great Seal of the State of Ne-
braska," which shall be kept by the
secretary of state, and used by him
officially as directed by law.

Salaries of Executive Officers.
Sec. 24. The officers named in
this section shall receive for their

Day [May 21

services a salary, and they shall act,
after the expiration of the terras of
those in office at the adoption of
this constitution, receive to their
own use any fees, costs, interest
upon public moneys in their hands
or under their control, perquisites
of offices or other compensation, and
all fees that may hereafter be pay-
able by law for any services per-
formed by any officer provided for in
this article of the constitution shall
be paid in advance into the state
treasury. The salary of the gover-
nor shall be three thousand dollars
per annum; the salaries of the secre-
tary of state, of the auditor of public
accounts, and treasurer, shall bo two
thousand five hundred dollars per
annum, and of the superinreudent of
public instruction, attorney general,
and commissioner of public lands and
buildings, two thousand dollars per
annum. 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 salaries of the
officers named in this section shall
not be increased or diminished dur-
ing their official terms. The amount
allowed for clerk hire in the offices
of the governor, secretary of state,
and auditor of public accounts, shall
be fixed by the legislature, but shall
not exceed three thousand dollars to
each of said offices in any one year.
There shall be no 'allowance /f-or
clerk hire in the offices of the super-
intendent of public instruction, at-
torney general and commissioner of
public lands and buildings.

Office and Employment.

Sec. 25. 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

568 NEBKASKA CONSTITUTIONAL CONVENTIONS

Monday]

Eleventh Day

[May 2*

agency for a temporary purpose
which ceases when that purpose is
accomplished.

Oaths of Civil Officers.

Sec. 2 6. All civil officers, except
members of the legislature and such
inferior officers as may be by law
exempted, shall before they enter on
the duties of their respective offices,
take and prescribe the following
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 at the election at which I
was chosen to fill said office I have
not improperly influenced in any way
the vote of any elector, accepted nor
will I accept or receive directly or
indirectly any money or other valu-
able thing from any corporation
company or persons for any official
act. Any officer refusing to take the
oath herein prescribed shall forfeit
his office, and after conviction of
having 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 nroiit
in the state. No other oath, declara-
tion or test shall be required as a
qualification.

Bonds on [of(?)] Executive Officers.

Sec. 27. The officers mentioned
in this article shall give bonds in not
less than double the amount of
money that may come into their
hands, and in no case in less than
the sum of $50,000, with such pro-
visions as to sureties ana the ap-
proval thereof, and for the increase
of the penalty of such bonds as may
be prescribed by law.

Xo other Officer [Office.]

Sec. 28. No other executive state
officer [office] shall be created.

Respectfully submitted,

C. F. MANDERSON.

Ch'n. Com.,
H. H. SHEDD,
L. B. THORNE,
M. H. STERNS,
W. H. MUNGER,
R. F. STEVENSON,
M. L. HAY WARD,

Committee.

Which was read the first time. The
rules were suspended, two-thirds of
the members voting therefor and
[the] article was read a second time
by its title and referred to the com-
mittee of the whole.

Mr. Boyd moved that the article
on public accounts and expenditures-
be considered in the committee of
the whole house, at the same time as
the article reported by the executive
committee; which motion prevailed.

Mr. Calhoun moved that when the
convention adjourn it be until Mon-
day at 3 o'clock p. m.; which motion
prevailed.

On motion of Mr. Gwyer, the con-
/ention adjourned at 10 o'clock p. m.
until 3 o'clock p. m. on Monday,
May 24th.

Eleventh Day.

Lincoln, Monday. May 24th, 1875,
3 o'clock p. m..

The convention met pursuant to
adjournment and was called to or-
der by the president.

CONVENTION OF 1875

569

Monday] Eleventh Day

The roll was called and there were

PRESENT

Abbott,

Harrington,

Agur,

Hay ward.

BeC'ker,

Henry,

Boyd,

Hunter,

Briggs,

Van rl o n

xvenaau,

Broady,

T^i v\o /^Ir

Brown,

Laird,

Calhoun,

^ McPheriSpn,

Oarns,

ivj dLinews,

i^iarK,

Peery,

Coates,

Pierce,

CJonner,

Pound,

Cummins,

Jro wers.

juawes,

T? O T* ^ O

xtoocristjn,

T^/^rt TV*

i/cxjm,

xvogerb.

Dunlap,

oaUlS,

jcjiariagc,

Hi wan,

O LtJl His,

Foss,

Stevenson,

Frady,

Thompson,

X llOl UtJ ,

Gere,

V aiiery,

Grebe,

VV dl tllcl ,

Greneii,

Walling,

G wyer.

VV dmiigtoii,

VV llv>UA.y

Harmon,

Mr. President. — 55,

Harper,

ABSEJST.

Burtch,

Martin,

GrifRng,

Maxwell,

Hamilton,

Munger,

Hawley,

Rees,

Hinman,

Smith,

Hopewell,

Van Wyck,

Manderson,

Weaver. — 14.

[May 24

Prayer by Rev. J. W. Ellis.

The journal was read and ap-
proved.

The following communication was
received from the auditor of state
and read by the secretary:

Hon. J. L. Webster,

President Constitutional Conven-
tion.

Dear Sir:

I have the honor to acknowledge
the receipt of the following resolu-
tion bearing date the 21st inst., viz:
"Resolved that the auditor of state
be requested to furnish this conven-
tion a statement of the amount of
indebtedness of the state at the pres-
ent time."

In compliance with the above res-
olution I herewith transmit to your
honorable body a statement showing
the indebtedness of the state of Ne-
braska to and including May 21st,
1875.

Respectfully submitted,
J[. B. WESTON,
Auditor of State.

570 NEBRASKA CH)XST1TI TIOXAL (X)NVEXTIOXS

Monday] Eleventh Day [May 24

STATEMENT SHOWING THE INDEBTEDNESS AND RESOURCES OF
THE STATE OF NEBRASKA TO MAY 2 1ST, 1875.

General Fimd.

Certificate of Indebtedness held by the permanent school

fund, dated March 10th, 1873....- $158,837.67

Issued under the provisions of "an act for the relief of the state
treasury." Approved February 2 7, 18 73.

Certificate- of Indebtedness held by the permanent school

fund, dated May 1st, 1875 184,11^.66

Issued under the provisions of "an act supplemental to an act for the
relief of the state treasury." Approved February 19th, 1875.

Warrants outstanding to May 21.

'75, inc., $ 86,589.55

Interest on Warrants registered 3,000.00 $ 89.589.55

Less amount of warrants paid from

1st to 21st, May 1 5,588.96 $ 74,00-0.59

Warrants held in the permanent uni-
versity fund 508.60

Total indebtedness $417,466.52

Resources.

C^a«li in .state trea.sury held in trust
for notified holders of registered

warrants $ 4,953.15 $ 4,953.15

I>elinquent state taxes as per last re-
port $198,115.79

Tax of 1874 now due 200,995.77 399.1 1 1.56

lycss taxes paid from date of last re-
port Nov. 30, 1874, to May 21,

1 875, inc, 38,303.96 360,807.60

Total resources.

$365,760.75

CONVENTION OF 1875

571

Monday] Eleventh Day (May 24

Penitentiary Building Fund.

Warrants outstanding - ...$47,694.76

Interest on vvaiTants registered 3,500.83

Total liabilities , $51,195.59

Resources.

Cash in state treasury held in trust for notified

holders of registered warrants.. $ 2,862.56

Delinquent state taxes as per last report $12,629.81

Tax of 1874 now due 40,376.94

$53,006.75

taxes paid from date of last report, Nov. 30,

1874, to May 21, 1875 3,373.26 49,633.49

Total resources $52,496.05

State Building Fund.

Warrants outstanding $43,812.19

Interest on warrants registered 19,976.37

Total indebtedness $63, 788. o 6

572 NEBEASKA CONSTITUTIONAL CONVENTIONS

Monday] Eleventh Day

Mr. Cummins, from the commit-
tee on public accounts and expendi-
tures, reported the following article
amendatory to the constitution,
which was read a first and second
time and referred to the committee
of the whole house.

Sec. • — -. No specific appropriation
shall be made for the incidental ex-
penses of any state officer but sta-
tionery of all kinds and classes, post-
age, fuel, expressage and furniture
for their use shall be purchased by
contract, and expended under direc-
tion of the secretary of state and paid
for by the state treasurer in such
manner as may be provided by law.

M. B. CUMMINS,

Chairman.

Mr. Cummins, from the committee
on public accounts and expenditures,
submitted the following report,
which was adopted.

The committee of accounts and ex-
penditures, to whom was referred the
report of the secretary of state cov-
ering bills and accounts for supplies
furnished this convention, report that
they have examined the same and
would recommend accounts to be al-
lowed.

For publishing law calling

election in county papers. .$488. 35
Elliot & Turner for supplies.. 11.60
Southwest Print Co., printing

cards for desks 10.80

C. Hoffman, repairing desks,

etc 90.25

D. H. Adams, rock spittoon 13.50

C. Castor, cleaning hall 18.00

Wm. E. Hurst, repairing flag 2.00

And we would recommend that the
secretary of this convention select
such stationery and supplies as he
may deem necessary for the use of
this convention out of the amount
furnished by the secretary of state,
and that the balance be returned to
the secretary of state, he giving

[May 24

credit for the amount so returned
and then the balance of the bill of
the State Journal Co. be allowed.

M, B. CUMMINS,

Chairman.

I\Ir. Doom offered the following ar-
ticle amendatory to the constitution,
which was read and referred to the
committee on miscellaneous sub-
jects:

Sec. — . The legislature may pro-
vide that, at the general election
immediately preceding the expira-
tion of a term of a United States
senator from this state, the electors
may by ballot express their prefer-
sence for some person for the office
of United States senator. The votes
shall be canvassed and returned in
the same manner as for state officers.

Mr. Frady offered the following
resolution, W'hich was lost.

RESOLVED, That we, the repre-
sentatives of the people of the state
of Nebraska, believing in the pres-
ence of Almighty God, also that the
prosperity of nations and states de-
pends upon his divine will, respect-
fully ask his excellency the governor
of the state, that he proclaim to the
people of Nebraska an immediate
day of fasting, prayer and humilia-
tion, asking the protection of Al-
mighty God against the locust which
now threatens our land to desola-
tion.

Mr. Wilcox offered the following
amendatory resolution, which w-as
read and referred to the committee
on apportionment.

RESOLVED, That when counties
of this state shall be entitled to
more than one representative in the
senate or house of representatives,
such counties shall be divided into
rejjresentative and senatorial dis-
tricts in such manner as the legis-
lature may provide.

Tuesday]

573

[May 25

Mr. Gwyer offered the following
resolution:

RESOLVED, That the secretarj^ of
state is requested and hereby au-
thorized to supply the convention
with necessary lamps, oil and wicks
for use during the evening sessions.

Mr. Harrington moved a recon-
sideration of the vote on the resolu-
tion relative to night sessions; which
motion prevailed.

The question recurring upon the
original resolution, on motion, it was
laid on the table.

The question recurring on the res-
olution offered by Mr. Gwyer, it was
lost.

On motion of ]Mr. Robertson, the
convention resolved itself linto a
committee of the whole house, on the
report of the committee on revenue
and finance, with Mr. Calhoun in the
chair.

After some time spent therein, the
committee arose, reported progress
and asked leave to sit again.

On motion, at 6:30 p. m., the con-
vention adjourned until tomorrow
morning at 9 o'clock.

Twelfth Day.

Lincoln, Tuesday, May 25, 1875.

The convention met pursuant to
adjournment and was called to or-
der by the president.

The roll was called and there were
PRESENT
Abbott, Calhoun,
Agur, Carns,
Becker, Clark,
Boyd, Coates,
Briggs, Conner,
Broady, Cummins,
BrowD, Dawes,

Doom,

Martin

Dunlap,

Matthews,

Eldridge,

Maxwell,

Ewan,

Munger,

Foss,

Peery

Frady,

Pierce,

Garber,

Pound,

Gere,

Powers,

Grenell,

Robertson

GrifRng,

Rogers,

Gwyer,

Sauls,

Hallner,

Shedd,

Hamilton,

Smith,

Harmon,

Sterns

Harper,

Stevenson

Harrington,

Thompson

Hawley,

Thorne,

Hay ward,

Vallerv,

Henry,

Walther,

Hinman,

Walling,

Hunter,

Warrington,,^

Kendall,

Weaver,

Kirkpatrick,

Wilcox,

Laird,

Mr. President. — 63".

McPherson,

ABSENT.

Burtch,

:>IaLderson,

Grebe,

ivees.

Hopewell,

Van Wyck. [— ©l'

Prayer by Rev. J. W. Ellis.

Journal read and approved.

Mr. Coates offered the following
resolution amendatory to the consti-
tution, which was read and referredl
to the committee on education,,
school funds and lands.

RESOLVED, That the school
lands shall not be sold unless such
sale shall be authorized by a vote of
the people, at a general election; but,
subject to revaluation every five
years, they may be leased for any
number of years not exceeding twen-
ty-five, at a rate established by law.

Mr. Brown oilered the following
resolution, wb \ch was lost.

RESOLVED, That the treasurer of
the state be requosted to furnish
this convention with a statement of
all moneys paid into the treasury

574 NEBRASKA CONSTITUTIONAL CONVENTIONS

Tuesday]

Twelfth Day

IMay 25

each year since the organization of
the state; and to what funds the
same have been paid and credited.

On motion of Mr. Conner, two
hundred copies of the report of the
auditor of state was [were] ordered
printed.

On motion of Mr. Gwyer. the
printing of the auditor's report was
referred to the committee on print-
ing.

On motion of Mr. Abbott, the con-
vention resolved itself into a com-
mittee of the whole for the further
consideration of the report of the
committee of revenue and finance,
with Mr. Calhoun in the chair.

After some time spent therein, the
committee arose and, by its chair-
man, submitted the following .-eport:

Mr. President, the convention in
committee of the whole have had
under consideration the article on
revenue and finance, and report the
same back with the recommendation
that a substitute herewith attached
be printed and that the committee
have leave to sit again.

S. H. CALHOUN,

Chairman.

Section ]. The legislature shall
provide such revenue as may be need-
ful by levying a tax by valuation, so
that every person and corporaiion
shall pay a tax in proportion to the
value of his, her. or its property, the
value to be ascertained in such man-
ner as the legislature shall direct,
but it shall have power to tax ped-
dlers, auctioneers, brokers, hawkers,
commission merchants, showmen,
jugglers, innkeepers, liquor deal-
ers, toll bridges, ferries, insurance,
telegraph and express interests
business, vendors of patents, in ^:u(•l;
manner as it shall direct by general
law, uniform as to rhe class upon
which it operates.

I Sec. 2, The property of thi; state,
I counties and municipal corporations,
I both real and personal, and such oth-
: er property as may be neede.l and
; used exclusively for school, religious,
I cemetery, and charitable purposes
i may be exempted from taxation, but
' such exemption shall be only by gen-
\ eral law.

I Sec. 3. County authorities shall
] never assess taxes the aggregate of
which in any one year shall exceed
one and a half dollars per one hun-
: dred dollars valuation, except for the
payment of indebtedness existing at
] the adoption of this constitution,
- unless authorized by a vote of the
I people of the county.

Sec. 4. The legislature may vest
the corporate authorities of cities,
towns, and villages with power to
make local improvements by special
taxation of property, benefitted or
otherwise. For all other corporate
purposes, all municipal corporations
may be vested with authority to as-
sess and collect taxes, but such taxes
shall be uniform in respect to per-
sons and property within the juris-
diction of the body imposing the
same.

Sec. .J. Private property shall
not be liable to be taken or sold for
the i)ayment of the corporate debts
of municipal corporations. The leg-
islature shall not impose taxes upon
municipal corporations or the in-
habitants or property thereof for
corporate purposes.

Sec. 6. The legislature shall pro-
vide by law for the funding of all
outstanding warrants and all other
outstanding indebtedness of the
state, at a rate of interest not ex-
ceeding eight per cent per annum,
and all counties, cities, towns or oth-
er municipal corporations may fund
their outstanding indebtedness in
bonds bearing a rate of interest not
exceeding eight per cent per annum,
in such manner as the legislature
may by general law provide.

CONVENTION OF 1875

575

Tuesday]

On motion of Mr. Abbott, the con-
vention resolved itself into a com-
mittee of the whole house, upon the
bill of rights.

After some time spent therein, the
committee arose and, by its chair-
man, reported progress and asked
leave to sit again.

On motion, the convention took a
recess until 2 o'clock p. m.

After Recess.

The convention was called to or-
der by the president.

The roll was called and there were

PRESENT

Agur,

Hopewell,

Becker,

Hunter,

Boyd,

Kendall,

Briggs,

Kirkpatrick,

Broady,

Laird,

Brown,

McPhersoUj

Calhoun,

Martin,

Cams,

Matthews,

Clark,

Maxwell,

Coates,

Munger,

Conner, '

Peery,

Cummins,

Pierce,

Dawes,

Pound,

Doom,

Powers,

EldHdge,

Robertson,

Ewan,

Rogers,

Foss,

Sauls,

Frady,

Shedd,

Garber,

Smith,

Grenell,

Sterns,

Griffing,

Stevenson,

Gwyer,

Thompson,

Hallner,

Thorne,

Hamilton,

Vallery,

Harmon,

Van Wyck,

Harper,

Walther,

Harrington,

Walling,

Hawley,

Warrington,

Hayward,

Weaver,

Penry,

Wilcox,

iiinman.

Mr. President

[May 25

ABSEOT.
Abbott, Grebe,
Burtch, Manderson,
Dunlap, Rees. [ — 7.]

Gere,

By unanimous consent Mr. Broady
offered the following resolution
amendatory to the constitution,
which was read and referred to tne
committee on revenue and finance.

RESOLVED, That no treasurer of
state, county or city or other officer
who is the legal custodian of public
revenues shall hold such office two
terms in succession.

On motion of Mr. Boyd, the con-
vention resolved itself into the com-
mittee of the whole house, with Mr.
Boyd in the chair.

After some time spent therein, the
committee arose and by its chair-
man submitted the following report:

Mr. President, the convention in-
committee of the whole house have
had under consideration the article
on bill of rights, and made the fol-
lowing amendments to the same:

First. By inserting the words:
"against him" after the word wit-
ness, in the 3rd line of section 11.

Second. By striking out the word
welfare, in 2nd line of section 21, and
inserting the word necessity.

Third. By striking out the fol-
lowing words in 3rd, 4th and 5th
lines of sec. 21, "or for the purpose
of making or repairing roads, which
shall be open to the public without
charge, other than streets and high-
Ways in cities and in incorporated
villages."

Fourth. By striking out the
words "as provided by law" in sec-
ond line of section 24.

Twelfth Day

576 NEBEASKA CONSTITUTIONAL CONVENTIONS

Tuesday]

Twelfth Day

[May 25

Fifth. By striking out section 25.

Sixth. By strilting out section 2 7.

Seventh. By inserting the follow-
ing section as section 6 of the ar-
ticle: "No member of the legisla-
ture shall be liable in any civil ac-
tion or criminal prosecution what-
ever for words spoken in debate."

Eighth. By striking out the words
"inferior courts" in section 6 and
inserting "courts inferior to the dis-
trict court."

Ninth. And that said article oe
incorporated in the constitution as
amended.

JAS. E. BOYD,

Chairman.

The question being upon the report
-of the committee of the whole house,
the 1st, 2nd, 3rd, 4th, oth, 6th and
8th amendments to the article were
adopted and the 7th amendment was
referred to the legislative committee.

The question being upon the ar-
ticle as amended, Mr. Gwyer moved
to strike out section 2; which motion
was lost.

Mr. Henry moved to amend sec-
tion 3 by changing the same to read
as follows:

The writ of error shall be a writ
of right in all cases of felony; and
shall operate as a supersedeas to
stay execution of the sentence until
the further order of the supreme
court in the premises.

Lost.

Mr. Martin offered, the following
substitute for section 10.

No person shall be held to answer
for a criminal offense except upon
the information of a public prose-
cutor, such information to be based
upon the affidavit of one or more
persons: PROVIDED, That grand

juries may be established by law af-
ter the year 1878.

The yeas and nays being de-
manded, those voting in the affirma-
tive were

Becker,

Burtch,

Coates,

Dunlap,

Eldridge,

Ewan,

Grenell.

Martin,

Powers,

Smith,

Walther,

Walling,

Weaver — 13.

Those voting in the negative were

Abbott,

Agur,

Boyd.

Briggs,

Broady,

Brown,

Calhoun,

Carns.

Clark.

Conner,

Cummins,

Dawes,

Doom. "

Foss,

Frady,

Gere,

Grebe,

Griffing,

Gwyer,

Hallner,

Hamilton.

Henry,

Hinman,

Hopewell,

Hunter,

Absent,
Harmon,
Harper,

Kendall,

Kirkpatrick,

McPherson,

Manderson,

Matthews,

Maxwell,

Munger,

Peery,

Pierce,

Pound,

Rees,

Robertson,
Rogers,
Sauls,
Shedd,
Sterns,
Stevenson,
Thompson,
Thorne,
Vallery,
Van Wyck,
Warrington,
Wilcqx,
Mr. President.

■52
[49.]

Liaird.C — 3.]

[Garber, Harrington, . Hawley, and
Hay ward not accounted for. — Ed.]

A majority of the members pres-
ent voting in the negative, the sub-
stitute was lost.

CONVENTION OF 1875

577

Wednesday]

Thirteenth Day

[May 20

Mr, Weaver offered the following
substitute for section 10:

No person shall be held to answer
for a criminal offense, except in
cases in which the ipunishment is by
fine, or imprisonment, otherwise than
in the penitentiary, in cases of im-
peachment and in cases arising in
the army or navy or in the militia
when in actual service in time of war
or public danger, unless on a pre-
sentment or indictment of a grand
jury or information of a public prose-
cutor; and provision shall be made
by law for the impaneling of grand
juries, whenever the respective courts
or the judges thereof shall order.

Mr. Hunger moved to amend the
substitute by striking out all after
the words "grand jury;" which
amendment was lost.

The queistion recurring upon the
substitute to section 10, it was lost.

Mr. Rees moved to strike out the
proviso to section 10; which was
lost.

Mr. Manderson offered the follow-
ing as an additional section:

Sec. 27. The property of no per-
son shall be taken or his right in
judicial proceedings affected by serv-
ice by publication only, unless it ap-
pear to the court that the residence
of the iparty whose rigTits or property
are to be affected or taken is un-
known and cannot be ascertained by
reasonable diligence, or that service
of notice of the pendency of the suit
shall have been served upon him.

Mr. Robertson moved that the
convention adjourn; which motion
did not prevail.

The question being upon the ar-
ticle as amended, it was adopted.

On motion of Mr. Manderson, the
preamble was adopted.

On motion, the article was ordered
engrossed for a third reading.

On motion of Mr. Hayward, the
report of the committee on educa-
tion, school funds and lands was
made a special order for 9:30 o'clock
tomorrow morning.

On motion, the convention ad-
journed at 6:35 p. m.

Tliirteentli Day.

Lincoln, Wednesday, May 26th, 1875.

The convention met pursuant to
adjournment and was called to or-
der by the president.

The roll was called.

Abbott,

Agur,

Becker,

Boyd,

I^riggs,

Broady,

Brown,

Burtch,

Calhoun,

Cams,

Clark,

Coates,

Conner,

Cummins,

Dawes,

Doom,

Dunlap,

Eldridge,-

Ewan,

Foss,

Frady,

Garber,

Gere,

Grebe,

Grenell, ,

Griffing,

Gwyer,

Hallner,

Hamilton,

Harmon,

Harper,

Harrington,

Hawley,

Hayward,

Henry,

PRESENT .
Hinman,
Hopewell,
Hunter.
Kendall,
Kirkpatrick,
Laird,
McPherson,
Manderson,
Martin,
Matthews,
Maxwell,
Hunger,
Peery,
Pierce,
Pound,
Powers,
Rees,

Robertson,
Rogers,
Sauls,
Shedd,
Smith,
Sterns,
Stevenson,
Thompson,
Thorne,
Vallery,
Van Wyck,
Walther,
. Walling,
Warrington,
Weaver,
Wilcox,
Hr.President.

-69.

578 NEBRASKA CONSTITUTIONAL CONVENTIONS

"Wednesday]

Thirteenth Day

[Sfay 2e

Prayer by the chaplain.

Journal read and approved.

Mr. Cams offered the following j
resolution, which was adopted. |

RESOLVED, That the auditor of |
state be requested to furnish this
convention with an account oc t'l?
school fund for the years 187 4 and
1 875, itemizing each appropriation
made by the last legislature 'from ^>is j
fund. I

Mr. Kirkpatrick offered the fol- ■
lowing amendatory resolution, which j
was read and referred to the com- |
mittee on state, county and municipal |
indebtedness.

RESOLVED, That the constit'-tion ,
onght to establish a maximun limit i
of state and county taxation. [

Mr. Kirkpatrick offered the fol- i
lowing amendatory resolution, which i
was read and referred to the execu-
tive committee.

RESOLVED, That the constitu-
tion ought to fix, positively and defin-
itely, the amount of salary and per-
quisites to be allow^ed to executive,
judicial and county officers, or to re-
mit the entire subject to the legisla-
ture.

Mr. Kirkpatrick offered the fol-
lowing amendatory resolution, which
was read and referred to the commit-
tee on legislative apportionment.

RESOLVED, That the only cor-
rect rule for apportioning repre-
sentatives and senators is upon the
basis of population, and any depart-
ure from that rule results in in-
equality of representation.

Mr; Coates offered the following
resolution, which was adopted.

The convention in committee of the
whole have had under consideration
the article on education and report the
same back with the recommendation
that said article be recommitted to
the committee on Education, School
Funds and Lands.

O. A. ABBOTT, Chairman,

The hour having arrived of the
special order for considering the re-
port of the committee on education,
on motion of Mr. Cere, the conven-
tion resolved itself into the commit-
tee of the whole house, upon the re-
port of the committee on education,,
with ^Ir. Abbott in the chair.

After some time spent therein, the
comnititee arose and by its chairman
submitted the following report.

RESOLVED, That the auditor of
state be requested [to] furnish to this
convention a statement showing the
amount of lands donated by the gen-
eral government to this state. Also
the amount donated by the state to
each r. r. corporation, or other
internal improvements up to this
date.

Mr. Manderson moved that the re-
port of the committee be recommit-
ted to committee on education. Car-
ried.

On motion of Mr. Cwyer, conven-
tion took recess.

Alter Rocess.

Convention called to order by the
president.

The roll was called.

CONVENTION OF 1875

579

Wednesday]

Thirteenth Day

[May 28

Abbottt,

Agur,

Becker,

Boyd

Briggs,

Broady,

Brown,

Burtch,

Carns,

Clark,

Coates,

Conner,

Cummins,

Dawes,

Doom,

Dunlap,

Eldridge,

Ewan,

Foss,

Frady,

Crarber,

Grebe.

Grenell,

Griffing,

Gwyer,

Hallner,

Hamilton,

Harmon,

Harper,

Harrington,

PRESENT.
Henry,
Hinman,
Hopewell,
Hunter,
Kendall,
Kirkpatrick,
Laird,
Manderson,
Munger,
Peery,
Pound,
Powers,
Rees,

Robertson,

Rogers,

Sauls,

Shedd,

Smith.

Sterns,

Stevenson,

Thompson,

Thorne,

Vallery,

Van Wyck,

Walther,

Walling.

Warrington,

Weaver,

Mr. President.

Hawley,

[McPherson, Martin. Matthews,
Maxwell omitted. — Ed.]
ABSENT.
Calhoun, Pierce,
Gere, Wilcox. — 5.

Hay ward,

Mr. Laird asked leave of absence
for Mr. Wilcox-, which was granted.

Mr. Hinman, from the committee
on state, county and municipal in-
debtedness, effected the following ar-
ticle amendatory to the constitution,
which Avas read the first time. The
rules were suspended, two-thirds of
the members voting therefor, and the
article was read a second time by its
title and referred to the committee
of the whole house.

Mr. Gwyer, from the committee on
enrollment and engrossment, sub-
mitted the following report.

Mr. President, the committee on
enrollment and engrossment respect-
fully report that they have examined
the article entitled bill of rights,
and find the same to be correctly en-
grossed.

WM. A. GWYER,

Chairman.
Thereupon the article entitled
bill of rights was read a third time
and put upon its pasage.

The question being, "Shall the ar-
ticle be adopted?" those voting in
the affirmative were

Abbott, Henry,

Agur, Hinman,

Becker, Hopewell,

Boyd, Hunter,

Boyd, Kendall,

Briggs, Kirkpatrick,

Broady, Laird,

Brown, McPherson,

Burtch, Manderson,

CaruiS, Martin,

Ci'ark, Matthews,

Coates, Maxwell,

Conner, ^Nlunger,

Cummins, Peery,

Dawes, Pound,

Doom, Powers,

Dunlap, Rees,

Eldridge, Robertson,

Ewan, Rogers,

Foss, Sauls,

Frady, Shedd,

Garber, Smith,

Gere. Sterns,

Grebe, Stevenson,

Grenell, Thompson,

Griffing, Thorne,

Gwyer, .. Vallery,

Hallner, Van Wyck,

Hamilton, Walther,

Harper, Walling,

Harrington, Warrington,

Hawley, Mr. President. — 65.
Hayward,

580 NEBRASKA CONSTITUTIONAL CONVENTIONS

Wednesday]

Voting in the negative- — none.

Absent,
Calhoun, Weaver,
Pierce, Wilcox. — 4.

A majority of the members voting
therefor, the article entitled Bill of
rights was adopted. ;

Mr. Harrington, from the commit-
tee on contested election, submitted
the following majority report:

Mr. Broady, from the committee
on contested election, offered the fol-
lowing minority report:

[Reports not supplied — Ed.]

Mr. Gwyer moved the adoption of
the report of the committee on con-
tested election, which motion pre-
vailed.

On motion, INIr. Justice Maxwell
administered the oath of office to J.
F. Zediker, as a member of this con-
vention.

Mr. Hay ward offered the following
resolution, which was adopted.

RESOLVED, That the secretary be
instructed to acertain and report
to this convention why the reports of
committees received May 2 0th have
not been printed and returned to the
convention.

Mr. Matthews offered the following
amendatory resolution, which was
read and referred to the committee
on education, school funds and lands.

RESCOLVED, That no teacher,
state, county, township or district
school officer shall be interested in
the sole proceeds or profits of any
book, apparatus or furniture used or
to be used in any school in this state
with which such officer or teacher
may be connected, under such penal-
ties as may be provided by the gen-
eral assembly.

Mr. Wikox offered the following
resolution, which was adopted."

[May 26

RESOLVED. That the secretary of
state be requested to furnish the-
committee on state lands with a ecypy
of all laws passed -by the last legis-
lature of this state, granting lands of
the state of Nebraska to any rail-
road or other corporiation, associa-
tion or party.

Mr. Garber offered the following
resolution, which was adopted.

RESOLVED, That the expenses of
sending for witnesses in the late con-
testant trial be paid out of the ap-
propriation for this convention.

On motion of Mr. Manderson, the
convention resolved itself into a com-
mittee of the whole house, on the
report of the committee on right of
suffrage, with Mr. Smith in the chair.

After some time spent therein, the
committee arose and by its chairman,
submitted the following report:

Mr. President, the convention in
the committee of the whole have had
under consideration the article on
Rights of Suffrage and would report
the same back and recommend the
adoption of the same with the fol-
lowing amendments:

First. Strike out section 2 of the
article.

Second. Strike out section 4 of
the article.

Third. By adding the following
section:

"Sec. 4, Every elector in the actual
military service of the United States
or of this state and not in the regular
army may exercise the right of suf-
frage at such place and under such
regulations as may be provided by
law."

The question being upon the adop-
tion of the report of the committee
of the whole house, the 1st, 2d, 3rd
and 4th amendments were adopted.

Mr. Rriggs moved to amend sec-
tion 1 by striking out the word
male.

Thirteenth Day

CONVENTION OF 1875

581

Wednesday]

Thirteenth Day

[May- 26

The yeas and nays being demanded,

those voting

in the affirmative were

Briggs,

Kirkpatrick,

Dunlap,

:\}cPherson,

Eldridge,

Manderson,

Ewan,

Rees,

Prady,

Thorne,

Gere,

Walling,

Harrington,

Zediker. — 15.

Henry,

Voting in the negative,
^.bbott, Hopewell,

fVgur,
aecker,
3oyd,
3roady,
3rown,
3urtch,
Calhoun,
^arns,
^lark,
;^oates,
Conner,
^lummins,
)awes,
)oom,
""oss,
Jrebe,
rrenell,
l^rilfing,
rwyer,
Tallner,
lamilton,
rarper.
Tawley,
lay ward,
linman.

Hunter,
Kendall,
Laird,
IMartin,
^Matthews,
?tlaxwell,
]Munger,
Peery,
Pierce,
^ Pound,
Powers,
kobertson,
Rogers,
Sauls,.
Shedd,
Smith,
Sterns,
Stevenson,
Thompson,
Vallery,
Van Wyck,
Walther ,
Warrington,
Weaver,
Wilcox,
Mr. President. -

A majority of the members pres-
nt voting in the negative, the amend-
ment was lost.

Mr. Robertson mover to strike out
11 after the word "naturalization"
1 the 7th line of section 1,

The yeas and nays being demand-
d, those voting in the affirmative
^ere

Kirkpatrick,

Laird,

Martin,

Munger,

Rees,

Robertson,

Rogers,

Sauls,

Shedd,

Smith,

Stevenson,

Vallery,

Walther,

Weaver. — 2 9

Abbott,
Becker,
Boyd,
Briggs,
Broady,
Calhoun,
Dawes,
•Frady,
Grebe,
Grenell ,
Gwyer,
Harper,
Hayward,
Hinman,
Kendall,

Those voting in the negative were
Agur, Hunter,
Burtch, McPherson,
Carns, Manderson,
Clark, .Alatthews, '

Coates, Maxwell,
Conner, Peery,
Cummins, Pierce,
Doom, Pound'
Dunlap, . Powers, ' '

Eldridge, Sterns,
Ewan, Thompson,
Foss, Thorne,
Gere, Van Wyck,

Griffing, Walling,
Hamilton, Warrington,
Harrington, Zediker,
Hawley, Mr. President. — 35,

Hopewell,

A majorty of the members present
voting in the negative, the amend-
ment was lost.

Mr. Weaver moved to amend by
striking out the word sixty, in the
7th line of section 1, and insert in
lieu thereof the word ten.

The yeas and nays being demanded,
those voting in the affirmative were

Abbott,

Becker,

Boyd,

Briggs,

Broady,

Hayward,

Hinman,

Kendall,

Kirkpatrick,

Martin,

582 NEBRASKA CONSTITUTIONAL CONVENTIONS

Wednesday]

Thirteenth Day

[May 26

Calhoun,

iviunger.

Coates,

Robertson,

Conner,

Rogers,

Dawes,

Sauls,

Frady,

Shedd,

Grebe,

Smith,

Grenell,

Stevenson,

Gwyer,

Vallery,

Hallner,

Walther,

Harper,

Weaver. — 30.

Those voting in the negative were

Agar,

Laird,

Burtch,

McPherson,

Cams,

Mianderson,

Clark,

Matthews,

Cummins,

Maxwell,

Doom,

Peery,

Dunlap,

Pierce,

Eldridge,

Pound,

Ewan,

Powers,

Foss,

Sterns,

'Gere,

Thompson,

Griffing,

Thorne,

Hamilton,

Van Wyck,

Harrington,

Walling,

Hawley,

Warrington,

Henry,

Zediker,

Hopewell,

Mr. President. — 3 5

Hunter.

A majority of the members present
voting in the negative, the amend-
ment was lost.

The president declared section 1
adopted by conseni.

Mr. Grebe ocered the following to
be inserted as section 2.

The legislature may provide by law
for the payment of an annual poll
tax and make payment of such tax
sixty d'ays before an election a con-
dition of the right of voting in all in-
corporated cities of the first and sec-
ond class.

The yeas and nays being demanded,
those voting in the affirmative were

Becker,

Briggs,

Broady,

Burtch,

Clark,

Cummins,

Doom,

Eldridge,

Ewan,

Grebe,

Griffing.

Gwyer,

Harper,

Hopewell,

Mandi'erson,

Matthews,

Sterns,

Stevenson,

Thompson,

V,allery,

Walther. — 21.

Those voting in the negative were

Abbott,

Kirkpatrick,

Agur,

Laird

Boyd,

McPherson,

Calhoun,

Maxwell,

Carns,

Munger,

Coates,

Peery,

Conner,

Pierce,

Dawes,

Pound,

Foss.

Powers.

Frady.

Rees,

Gere,

Robertson,

Grenell.

Rogers,

Hallner.

Sauls,

Hamilton,

Shedd,

Harrington,

Smith,

Hawley,

Thorne ,

Hayward,

Van Wyck,

Henry.

Walling,

Hinman,

Weaver,

Hunter,

Zediker,

Kendall.

Mr. President

Absent

Brown,

Robertson.

Garber,

Warrington,

Rees,

Wilcox. — 6.

42.

A majority of the members present
voting in the negative, the amend-
ment was lost.

The question recurring on the
article as amended, it Was adopted
and ordered engrossed for a third
reading.

On motion of Mr. Conner, the re-

CONVENTION OF 1875

583

Fourteenth Day

[May 27-

Thursday]

port of the committee on municipal
corporations was made the special
order for tomorrow at 9:30 a. m.

By consent^ Mr. Manderson offer-
ed the following to be incorporated
as a section in the report of the com-
mittee on Education which was read
and referred to the committee on
Education. [Section not supplied. —
Ed.]

The following communication was
received from the state auditor and
referred to the committee on Educa-
tion. [Communication not supplied. —
Ed.]

On motion of Mr. Hinman, conven-
tion adjourned at 5:30 until to-
morrow morning at 10 o'clock.

Fourteenth Day.

Lincoln, Thursday, May 27th, 1875.

Convention met pursuant to ad-
journment and was called to order
by the President.

Roll called.

PRESENT,

Abbott,

Frady,

Agur,

Garber,

Becker,

Gere,

Boyd,

Grebe,

Briggs,

Grenell,

Broady, ,

Griffing,

Brown,

Gwyer,

Burtch,

Hallner,

Calhoun,

Hamilton,

Cams,

Harper,

Clark,

Harrington,

Coates,

Hawley,

Conner,

Hay ward,

Cummins,

Henry,

Dawes,

Hinman,

Doom,

Hopewell,

Dunlap,

Hunter,

Eldridge,

Kendall,

Ewan,

Kirkpatrick,

Foss,

Laird,

McPherson,

Smith,

Manderson,

Sterns,

Martin

Stevenson,

Matthews,

Thompson,

Maxwell,

Thorne,

Munger,

Vallery,

Peery,

Van ^V;yck,

Pierce,

Walther,

Pound,

Walling,

Powers,

Warrine^ton,

Rees,

Weaver,

Robertson,

Wilcox,

Rogers,

Zediker,

Sauls.

Mr. President. — 69

Shedd,

Prayer by Rev, W. E. Copeland..

Journal read and approved.

Mr. McPherson, from the com-*
mittee on internal improvements,
offered the following article amend-
atory to the constitution, which was
read the first time. [Article not sup-
plied.— Ed.] The rules were sus-
pended, two-thirds of the members
voting therefor, and the article was
read a second time by its title and
referred to the committee, of the
whole house.

The following communication was
received from the auditor of state
and read.

Hon. J. L. Webster, President Con-
stitutional Convention.

Sir: Accompanying the resolution.
in regard to the school funds, I have
the honor to acknowledge the receipt
of a second resolution calling for a
statement of "the amount of lands
donated by the general government
to this state. Also the amount donat-
ed by the state to each railroad or
other internal improvements up to
this date."

The land commissioner is charged
with the custody of the school, uni-

584 NEBRASKA COXSTITUTIOX.\L COX^-EXTIOXS

Thursday]

Fourteenth Day

[May 27

versity and agricultural college lands, j committee arose and, bv its chair
by the provisions of sec. 7 of the mar. r«n^v^«^ cnair-

i^n ' • ^^Ported progress and asked

enabling act, section 16 and 36 m
every congressional township, or
other sections in lieu thereof, were
granted by the general government to ; o'clock p m
this state for the support of common
schools. This grant covers one-eight
eenth of the entire donation.

leave to sit again.

On motion, adjourned until 2

Seventy-two (72) sections of uni-
versity lands w^ere granted to the
state and 71 3-8 sections have been
selected and confirmed. Ninety thou-
sand (90,000) acres of agricultural
college lands were granted, and S9.-

Aftemoou Session.

The convention v,^s called
order by the president.
Roll called;

Abbott,

4i9 90-100 acres selected and con- Agur,

firmed.

None of the above lands have been
donated by the state to any railroad
or other internal improvement; and
this office contains no record of any
disposition whatever of any of the
university or agricultural college
lands.

The saline, internal improvement,
public buildings, and pentitentiary
lands were placed by law under the
custody and control of the governor,
whose department contains the hooks x)oom
and records pertaining thereto. Dunla'p
Yours respectfully, Eldridee
J. B. WESTON, Ewan,
Auditor of State. Foss
On motion of Mr. Pierce, the con- Frady,
sideration of the special order on Oarber,

Gere

th ereport of the committee on muni-

cipal corporations was postponed Grenell.

Griffing,
Gwyer,

Becker,
Boyd,
Briggs,
Broady,
Brown,
Burtch,
Calhoun,
Cams,
Clark,
Coates,
Conner,
Cummins,
Dawes,

until tomorrow morning.

Mr. Weaver moved to adjourn un-
til 2 o'clock this p. m.; which was

Hallner,
Hamilton.
Harper,
Harrington,
Hawley,
Hay ward.

lost.

On motion of Mr. Boyd, the con-
vention resolved itself into a com-
mittee of the whole house upon the Henry,
report of the judiciary committee, ' tinman,
with Mr. Kirkpatrick in the chair.: Mr. Brown moved that two hundred

After some time spent therein, the copies of the report of the auditor of

PRESENT.

Hopewell,

Hunter,

Kendall,

Kirkpatrick,

Laird,

^IcPherson,

Manderson

Martin,

Matthews,

Maxwell,

Munger,

Peery,

Pierce,

Pound,

Powers,

Rees.

Robertson, ..
Rogers,
Sauls,
Shedd,
Smith,
Sterns,
Stevenson,
Thompson,
Thorne,
Vallery,
Van Wyck,
^Valther,
Walling,
Warrington,
Weaver,
Wilcox,
Zediker,
Mr. President.

[—69.]

CONVENTION OF 1875

585

Thursday]

Fourteenth Day

[May 2r

State be printed for the use of the
convention.

Mr. Abbott moved that the report
of the auditor of state be referred to
the committee on printing; which mo-
tion was lost.

The question recurring upon the
motion of Mr. Brown, it was agreed
to and two hundred copies of audi-
tor's report ordered printed.

Mr. Robertson moved to reconsid-
er the vote by which the article on
right of suffrage was ordered to be
engrossed.

The yeas and nays being demanded,
those voting in the aiRrmative were

Hamilton,
Harper,
Harrington.
Hawley,

Absent,

Thorne,
Vallery,
Walling,
Zediker. — 38,

Abbott,

Becker,

Brown,

Coates,

Conner,

Dawes,

Frady,

Garber,

Grebe,

Grenell,

Hallner,

Hayward,

Hinman,

Kendall,

Daird,
Martin,
Munger,
Rees,

Robertson,

Shedd,

Stevenson,

Van Wyck,

Walther,

Warrington,

Weaver,

Wilcox,

Mr.President.-

■27,

Those voting in the negative were

Agur,

Boyd,

Briggs,

Broady,

Burtch,

Cams,

Clark,

Cummins,

Doom,

Dunlap,

Eldridge,

Ewan,

Foss,

Griffing,

Gwyer,

Henry,

Hopewell,

Hunter,

Kirkpatrick,

McPherson,

Manderson,

Matthews,

Maxwell,

Peery,

Pierce,

Pound*

Powers,

Sauls,

Sterns,

Thompson,

Calhoun, Rogers,
Gere, Smith. — 4.

On motion of Mr. Manderson, the
convention resolved Itself into a com-
mittee of the whole house to take in-
to consideration the report of the
judiciary committer., with Mr. Kirk-
tpatrick in the chair.

After some time spent therein, the
committee arose and by its chairman
reported progress and asked leave tO'
sit again.

Mr. Manderson moved that the con-
vention adjourn until 7:30 this p. m.

Mr. Gwyer moved to amend by in^
serting 9 o'clock tomorrow morn-
ing; which amendment was agreed tc.

Thereupon, at 6 o'clock p. m., the
convention stood adjourned.

Fifteenth Day.

Lincoln, Friday, May 28th, 1875.

The convention met pursuant to ad-
journment and was called to order by
the president.

The roll was called and there were

FRESENT.

Abbott, Hinman,

Agur, Hopewell,

Becker, Hunter,

Boyd, Kendall, ' ' v

Briggs, Kirkpatrick,

Broady, Manderson,,

Brown, Miartin,

Burtch, Matthews,

Calhoun, Maxwell, '

Cams. McPherson,.

586 NEBRASKA CONSTITUTIONAL OOX^ ENTIONS

Priday]

Fifteenth Day

[May 28

Clark,

Munger,

Coates,

Peery.

Conner,

Pierce,

Cummins,

Pound, \

Dawes,

Powers,

Doom,

Rees,

Dunlap,

Robertson,

Eldridge,

Rogers.

Ewan,

Sauls,

Foss,

Shedd,

Frady,

Smith,

Garber,

Sterns,

Gere,

Thompson,

Grebe,

Thorne,

Grenell,

Vallery,

Griffing,

Van Wyck,

Gwyer,

Walther,

Hallner,

Walling,

Hamilton,

Warrington,

Harper.

Weaver,

Harrington,

Wilcox,

Hawley,

Zediker,

Hayward,

Mr. President. — 6 7

Henry,

Absent,

Laird, Stevenson,

Prayer by Rev. W. E. Copeland.
Journal read and approved.
.Air. Walther. from the commit*^ee
on education, school funds and lands
reported the following additional sec-
tion to the article amendatory to the
constitution, which was read a first
and second time and referred to the
committee of the whole.

Mr. President, your committee on
education, school funds and lands to
whom was recommitted their former
report respectfully submit that they
have conferred with the committee
appointed by the teachers and edu-
cators of the state and report to the
convention a substitute for section
ten in their first report, as proposed
by the committee with whom they
have conferred. Your committee

has also had under considera-
tion sundry resolutions to them re-
ferred and hereby recommend the
insertion of the following section, to
wit:

No teacher, state, county, town-
ship or district school officer shall be
interested in the sale, proceeds or
profit of any 'book, apparatus or
furniture used or to be used, in any
.school of this state, with which such
officer or teacher may be connected,
under such penalties as may be pro-
vided by the legislature.

CHARLES WALTHER^
Cham.

R. B. HARRIXGTaX.

WM. GWYER

W. H. MUXGER.

J. W. DAWES,

M. R. HOPEWELL.

Sec. 10. The general control of
all the educational institutions of the
state shall be vested in a state board
of education consisting of six mem-
bers who shall be chosen by the elec-
tors of the state at large, and their
term of office, except those chosen
at the first election as hereafter pro-
vided, shall be six years.

Mr. Hay ward moved the report for
committee on education be ordered
not printed and referred to the com-
mittee of the whole house at the
same time with the article on educa-
tion; which motion prevailed.

The following communication from
the auditor of state was received and
read.

Lincoln. May 28, 1875.
Hon. .J. L. Webster. President of
Constitutional Convention.

Sir: My statement transmitted to
your honorable body, in response to
a resolution of the 21st inst.. asking
that "the auditor of state be requested
to furnish this convention a statement

CONVENTION OF 1875

587

rriday]

Fifteenth Day

[May 2&

of the amount of indebtedness of the
state at the present time," did not
contain the following item, which
was overlooked and is now offered
as supplemental thereto, viz:

Bonds of the state of Nebraska
bearing date March 1st, 1875, and
issued in pursuance of an act of
the legislature, entitled "An act for
the issuing of state bonds for the
purpose of procuring seed for the
citizens of counties devastated by
grasshoppers, during the year 1874,
approved Februrary 17th, 1875,
amounting to $5 0,00 0, and payable
in ten years from date of bonds, in
the city of New York, with interest
at the rate of 10 per cent payable
semiannually in July and January
and numbered from 1 to 50.

Respectfully submitted,
J. B. WESTOX,
Auditor of State.

On motion of Mr. Gere, the special
order for consideration of the article
on municipal corporations was post-
poned until Tuesday, June 1st, at
9:30 a. m.

Messrs. Stevenson, Brown, Thomp-
son, Walling, and Matthews asked
for, and received leave of absence.

On motion of Mr. Broady, the con-
vention resolved itself into the com-
mittee of the whole house for further
consideration of the report of ^he
judiciary committee, with Mr. Kirk-
patrick in the chair.

After some time spent therein the
committee arose and, by its chairman,
submitted the following report:

]\Ir. President, the convention, in
the committee of the whole, have
had under consideration the article
entitled The Judicial Department,
and report the same back with the
following amendments:

First. By striking out the word
six in line 3 of section 10 and insert-
ing the word four.

Second. By striking out $3,000, in
line 1 of section 13, and inserting
$2,500.

Third. By amending section 14
to read as follows:

Sec. 14. No judge of the supreme
court or district court shall receive
any other compensation^ perquisite
or benefit in any form "whatsoever,
from the state, nor act as attorne}'
or counsellor at law in any manner
whatever; nor shall any salary be
paid to any county judge.

Fourth. Strike out section 2 0.
Fifth. That sec. 24 be recommit-
ted to the judiciary committee.

Sixth. That the words "two,"
"four" and "six," in section 5, be
stricken out.

L. M. KIRKPATRICK.

Chairman.

On motion of Mr. Calhoun, the con-
vention adjourned until 2 o'clock.

Afternoon Session.

The convention was called to order
by the president.

The roll was called.

PRESENT.

Agur,

Hinman,

Becker,

Hopewell,

Boyd,

. Hunter,

Briggs,

Kendall,

Broady,

Kirkpatrick,

Burtch,

J^aird,

Carns,

McPherson,

Clark,

Manderson,

Coates,

Martin,

Conner,

Maxwell,

Cummins,

Munger,

Dawes,

Peery,

Doom,

Pierce,

Dunlap,

Pound,

Eldridge,

Powers,

588 NEBRASKA CONSTITUTIONAL CONVENTIONS

Friday]

rifteentia Day

[May 28

EwaiL, Rees,
iPo&s, Robertson,
Frady, Sauls,
Gere, Smith,
Grebe, Sterns,
Gren.ell, Thorne,
Griffing, Vallery,
Gwyer, Van Wyck,

Hallner, Walther,
Hamilton, Warrington,
Harper, Weaver,
Harrington, Wilcox,
Hawley, Zediker,
Hayward, Mr. President. — 59.

Henry,

ABSENT.
Abbott, Rogers,
Brown, Shedd,
Calhoun, Stevenson,
Garber, Thompson,
Matthews, Walling. — 10.

Mr Maxwell, from the judiciary
committee, submitted the following
report :

Mr. President, the committee on
judiciary have had under consider-
ation section 24 of the article en-
titled The Judicial Department and
3-eport the same back to the conven-
tion, and recommend the adoption
thereof without amendment.

SAMUEL MAXWELL.

Chairman.

Mr. Conner offered the following
resolution, which was adopted.

RESOLVED, That the president
and secretary of this convention be,
and they are hereby instructed to
draw vouchers for J. F. ,Zediker
for the full amount of per diem and
mileage to which [he would have
teen entitled if he had obtained his
seat without contest.

Mr. Broady moved that Mr. Harmon
be allowed pay for the time he served
as a member of this body. Which
motion prevailed.

The question being upon the report
of the committee of the whole house

on the judiciary article, the first
amendment was adopted.

The yeas and nays were demanded
on the second amendment, those vot-
ing in the affirmative were
Agur, Henry,
Becker, Hopewell,
Broady, Hunter,
Burtch, Kirkpatrick,
Clark, Laird,
Coates, Martin,
Cummins, Peery,
Dawes, Pierce,
Eldridge, Pound,
Ewan, Powers,
Poss, Sauls , I

Garber, Smith,
Grebe, Thorne,
Grenell, Vallery,
Griffing, Van Wyck,

Gwyer, Walther,
Hamilton, Weaver,
Hayward, Zediker. — 36.

Voting in the negative

Boyd,

Briggs,

Calhoun,

Doom,

Frady,

4allner,

Harper,

Harrington,

Hawley,

Hinman.

Kendall,

McPherson,

Manderson,

Munger,

Rees,

Robertson,

Sterns,

Warrington,

Wilcox,

Mr. President.

[Conner and ]\]axwell omitted. —
Ed.]

Absent or not voting
Abbott, Rogers,
Brown, , Shedd,

Carns, c^.
Dunlap, Stevenson,
Gere, Thompson,
Matthews, Walling. — 11.

A majority of the members voting
therefor, the second amendment wag
adopted.

Mr. Maxwell moved to strike out
the words "from the state," in the

CONVENTION OF 1875

589

Priday] Fifteenth Day [May 28

amendment reported by the com-
mittee of the whole house.

Mr. Pound moved as an amend-
ment to strike out the words "from
the state," and insert, after the word
"benefit," in the second line of said
section, the words "for or on account
of his office.

Mr. Maxwell called ■ for a division
of the question on the amendment.

The- question being upon the re-
tention of the words ' from the state,"
it was lost land said words were
•stricken out.

The question being upon the in-
sertion of the words "for or on ac-
count of his office," it was carried
a.nd said words inserted.

The third amendment was adopted.
The fourth amendment v/as adopt-
ed. I

Mr. Manderson moved that ithe
fifth amendment as reported by the
committee of the whole house be not
concurred in, and that section 24,
as printed, be adopted; which motion
prevailed, and the fifth amendment
was lost.

The sixth amendment was adopted.
Mr. Manderson moved the follow-
ing amendment, which was adopted.

Add after sec. 9 of the judiciary
article, "and the judges thereof may
admit persons charged with felony
to the plea of guilty and pass such
sentence as may be prescribed by
law."

Sec. 9 was adopted as amended.

Mr. Hamilton moved to amend
section 10 by striking out the word
Richardson in the fifth line and add-

ing the same to the 7th line.

The years and nays being demand-
ed, those voting in the affirmative
were .

lienry,
Hunter,
Laird,
Sauls,
T nor no.
Van Wyck,
Wcjriington,
Wilcox. — 17.

Clark,
Coates,
'Conner,
Cummins,
Doom,
Foss,
Hallner,
Hamilton,
Harrington,

Those voting in the negative were

A^;ur, Kirkpatrick,

Becker, Manderson,

Boyd, Martin,

Briggs, Maxwell,

Bioady, McPherson,

P.urtch, Munger,

Calhoun, Peery

Dawes, p^^^,^^

Kidridge, p^^^^^

Powers,
Rees,

Robertson,
Smith, ■

Frady,
Garber,
Grebe,
Grenell,
Griffing,

Sterns,
Vallery,
Walther,
Weaver,
Zediker,
Mr. President.

Gwyer,
Harper,
Hawley,
Hayward,
Hinman,
Hopewell,
Kendall,

Absent,

Abbott,
Brown,
Cams,
Dunlap,
Ewan,
Gere,

A majority of the members voting
in the negative, the amendment was
lost.

Mr. Cummins offered the following
amendment which was lost.

Matthews,

Rogers,

Shedd,

Stevenson,

Thompson,

Walling. — 12.

590 NEBRASKA CONSTITUTIONAL CONVENTIONS

Friday]

Fifteenth Day

[May 28

Sec. 10. Amend by striking out
the words^ "Saunders, podge," in
the ninth line, and insert the word
Saundters after the word Burt, in
the eighth line, and insert the word
Dodge in the 1.5th line after the
word Valley.

Mr. Laird moved to amend section

10 by adding, after the word Valley,
thei words "and the unorganized ter-
ritory of the state of Nebraska, west
of the counties of Valley, Boone,
Antelope, and Holt."' Also, to amend
by inserting after the word Frontier,
the words "and unorganized territory
west of Frontier county;" which
amendment was adopted.

On motion of Mr. ?^Iartin, the vote
adopting section 9 was reconsidered,

Mr. Martin offered the following
as a substitute to section 9, which
was adopted.

That the district courts shall have
both chancery and common law juris-
diction, and such other jurisdiction
as the legislature may provide, and
the judges thereof shall admit per-
sons charged with felony to a plea
of guilty and pass such sentence as
may be prescribed by law.

Mr. Pound moved to amend sec.

11 by striking o\it all after the word
may in second line, to and including
the word state, in line 4, and insert
the following: "in and after the year
one thousand eight hundred and
seventy-nine, but not oftener than
once in every four years, increase or
diminish the number of the judges
of the supreme court and of the dis-
trict courts and of the judicial dis-
tricts;" which amendment was lost.

Mr. Weaver movod to amend bv

striking ,out the words "and every
five years thereafter," in the third
line, and insert the words, "in or
after," in the second line.

Mr. Boyd moved to divide the ques-
tion, which was agreed to, and the
amendment to insert the words "in
or after" was adopted.

The question to strike out the
words ' Every five years thereafter"
was lost.

On motion of Mr. Rees, the word
five was stricken out of the third
line, and the word, four inserted in
lieu thereof.

Mr. Warrington moved to strike
out the words "every four years
thereafter" and insert "not oftener
than every four years." Which was
agreed to.

Sevtion 1 1 was adopted as amend-
ed.

The article as amended was adopted
and ordered engrossed for a third
reading.

The committee on engrossment and
enrollment submitted the following
rei)ort, by its chairman:

Mr. President, the committee on
enrollment and engrossment res-
pectfully report that they have ex-
amined the article entitled Right of
Suffrage and find the same to be
correctly engrossed.

WILLIAM A. OWYER.

Chairman.

The article reported by the com-
mittee on the right of suffrage was
read a third time and pu* upon its
passage.

CONYP^NTIOX OF 1875

591

Friday]

The question

being. Shall the

ar-

tide be adopted

? those voting

the affirmative were

Jxu UOLt,

T-Tn n f pr

Agur,

Laird

IVTa rtifi

Tlnvf!

Ma xwpII

TVTf"T*h prsoTi

JDUI ll^xl,

TVTii n fiTPr

XTX l_l Xi f

\ylal is. ,

Peery,

Pierce

Cummins,

Pound,

Boom,

Powers,

Dunlap,

Rees,

Ew&n

Sauls,

Jf OSS

Smith,

Gere

Thome,

f^riflRn p"
•Vj 1 1 111 li ^ ,

Van Wiyck,

Gwyer,

Wiarrington,

t-TamiiltoTi

Weaver,

T-TflTDPT

Wilcox,

XXCti 1 IXJLgl^Wll,

Zediker,

T-Tq wIpv

Mr.Preeident-

-41

Hopewell,

Those voting

in the negative were

Briggs,

Hay ward.

€alhoun,

Henry,

Coates,

Hinman,

Dawes,

Kendall,

Eldridge,

Kirkpatrick,

Frady,

Manderson,

Garber,

Robertson,

Grebe,

Sterns,

Grenell,

Vallery,

Hallner,

Walther. — 20.

Absent land not voting.

Brown,

Shedd,

Darns,

. Stevenson,

Matthews,

Thompson,

Rogers,

Walling. — 8.

A majority of the members

vot-

ing therefor, the article on the right
of suffrage was adopted and referred
to the committee on revision and
adjustment.

By consent, Mr. Doom offered the

[May 28

following amendment to the article
on judiciary, which was adopted.
[Amendment not supplied. — Ed.]

On motion of Mr. Hayward, .he
convention resolved itself into the
committee of the whole house upon
the consideration of the article re~
ported by the committee on educa-
tion, school funds and lands, with
Mr. Abbott in the chair.

After some time spent therein, the
committee arose and, by its chair-
man, reported progress, and asked
leave to sit again at 9:30 tomorrow
morning.

Mr. Boyd moved that when the
convention adjourn tomorrow fore-
noon, it be until Monday at 3 o'clock
p. m. Motion lost.

Mr. Gwyer moved that when the
convention adjourn tomorrow fore_
noon, it be until Monday afternoon
at 3:30 o'clock. Which motion pre-
vailed.

Mr. Van Wyck offered the following
resolution, which was lost.

RESOLVED, That this convention
adjourn sine die at ten o'clock Sat-
urday^ June 5, 1875.

Mr. Dunlap asked for and received
leave of absence.

On motion, the convention ad-
journed at 6:25 p. m. until Monday
afternoon at 3:30.

Sixteenth I>ay.

Lincoln, Saturday, May 29, 1875.
The convention met pursuant to

adjournment, and was called to order
by the president.

rifteenth Day

592 NEBKASlOV CONSTITUTIONAL CONVENTIONS

Saturday]

Sixteenth Day

The roll was called and there were

PRESENT

Henry,

A P'll T

xj. ill Hid 11,

xiupt; Well,

X5uy U,

Hunter,

xVcllUctll,

IJI yJcHXj f

xvirKpd LncK,

V^CtiilC Lilly

(^no "foe

jNI^anderson,

VyVJilUtJI ,

Matthews,

\_/ u ill 111 11x0,

iVl d A V\ fc! 1 1 ,

AjT n Ti COT'
^Vl U 11 g c 1 ,

Doom

-1 CCl ^ ,

Tin "n 1 Q Ti

xltrl Cc,

-Hiiux lugt;,

Pound,

Ewaii,

Foss

Rees,

X" 1 dClJ' ,

\ Robertson,

vxcti ucr,

odUiS,

Gere,

Smith,

Grebe,

Sterns,

Grenell,

Thorne,

GriflBng,

"Vallery,

Gwyer,

Van Wyck,

Hallner,

Walther,

Hamilton,

Warrington,

Harper,

Wilcox,

Harrington,

Zediker.

Hawley,

Mr. President. — 59

Hay ward.

ABSENT

Brown,

Shedd,

Carns,

Stevenson,

Clark,

Thompson,

Martin,

Walling,

Rogers,

Weaver. — 10.

Prayer by

Rev. J. W. Alexander.

Journal read and approved.

Mr. Abbott offered the following
resolution, which was adopted.

RESOLVED, That the per diem of
members and employees be computed
from the first day of the session con-
secutively.

On motion of Mr. Maxwell, the
special order for the consideration of

[May 2&

the article reported by the committee
on education, school funds and lands
was postponed until Tuesday at 9:30
a. m.

On motion of Mr. Maxwell, the con-
vention resolved itself into the com-
mittee of the whole house on the re-
port of the executive committee, with
Mr. Gwyer in the chair.

After some time spent therein the
committee arose and by its chairman
reported progress and asked leave to
sit again.

Mr. Gere, from the committee on
miscellaneous subjects, offered the
following article amendatory to the
constitution, which was read the first
time.

[Article not supplied. — Ed.]
The rules were suspended, two-
thirds of the members voting there-
for, and the article was read a sec-
ond time by title and referred to
the committee of the whole house.

Mr. Griffing offered the follow
ing resolution, which was adopted.

RESOLVED, That this convention
do recommend that the friends of
education meet in this nail, at 2
o'clock p. m., to discuss our educa-
tional interests.

On motion of Mr. Gwyer, the con-
vention adjourned until 3:30 p. m.»
Monday, May 31st.

Seventeenth Day.

Lincoln, Monday, May 31, 1875 ;

3 o'clock, p. m.
The convention met pursuant to ad-
journment and was called to order
by the president.

CONVENTION OF 1875

593

Seventeenth Day

[May SI

The roll was called and there were
PRESENT

Abbott,

Henry,

Agur,

Hinman,

Becker,

Hopewell,

Boyd,

Hunter,

Broady,

Kendall,

Brown,

Kirkpatrick,

Burtch,

Laird,

Calhoun,

McPherson,

Cams,

Manderson,

Clark,

:- Maxwell,

Coates,

Munger,

Conner,

Peery,

Cummins,

Pierce,

DaweB,

Pound,

Doom,

Rees,

Ewan,

Rogers,

Foss,

Sauls,

Prady,

Shedd,

Garber,

Smith,

Grebe,

Sterns,

Grenell,

Thorne,

GrifRng,

Vallery,

Gwyer,

Van Wyck,

ixailner,

Walther,

Hamilton,

.Warrington,

Harper,

Wilcox,

Harrington,

Zediker,

Hawley,

Mr. President. — 57.

Hayward,

ABSENT.

Briggs,

Powers,

Dunlap,

Robertson,

Eldridge,

Stevenson,

Gere,

Thompson,

Martin,

Walling,

Matthews,

Weaver. — 12.

Prayer by Rev. Davis.

Journal read and approved.

Mr. Maxwell moved that the presi-
dent be authorized to add three mem-
bers to the committee on revision and
adjustment; which was agreed to.

Mr. Laird moved that the conven-
tion adjourn until 9 oVlock tomor-
row morning.

Mr. Conner moved to amend by in-

serting the words 8 o'clock; wliicli
amendment was concurred in, and the
question recurring on the original
motion, as amended, it was lost.

On motion of Mr. Manderson, the
convention resolved itself into a com-
mittee of the Avhole house on the ar-
ticle reported by the committee on
municipal corporations, with Mr..
Hinman in the chair.

After some time spent therein, the-
committee arose and, by its chair-
man submitted the following report:

Mr. President, the convention, in
committee of the whole, have had
under consideration the arricis on
'municipal corporations and (report
the same back with the following
amendments.

1st. Strike out section 1. \

2nd. Strike out the word in-
dividual in third line, second
section, and all of said section after
the word association, in line four of
said section.

3rd. Strike out all of sections
3, 4, 5^ and 6.

4th. Strike out proposition to be
separately submitted.

B. L HINMAN,

Chairman.

The question being upon adopt-
ing the article as amended in the
committee of the Avhole house, the
yeas and nays were demanded.

Those voting in the affirmative
were

Abbott,

Agur,

Becker,

Boyd,

Broady,

Calhoun,

Henry,

Hinman,

Hunter,

Kendall,

Kirkpatrick,

Laird,

594 NP]BEASKA CONSTITUTIONAL CONVENTIONS

Eighteenth Day [Junel

Tuesday]

Clark,

Manderson,

Coates,

Miinger,

Conner,

Pound,

Cummins,

Rees,

Eldridge,

Robertson,

Ewan,

Sauls,

Frady,

Shedd,

Garber,

Smith,

Gere,

Sterns,

Grebe,

Thorne,

Grenell,

Vallery,

Griffing,

Walther,

Hamilton,

Warrington,

Harper,

Zediker,

Harrington,

Mr.President.-

Hawley,

[McPherson and Maxwell om

—Ed.]

Those voting

in the negative

Brown,

Burtch,

Hay ward.

Cams,

Hopewell,

Dawes,

Peery,

Doom,

Pierce,

Foss,

Rogers,

Gwyer,

Van Wyck,

Hallner,

Wilcox. — 15.

Absent and

not voting,

Briggs,

Stevenson,

Dunlap,

Thompson,

Martin,

Walling,

Matthews,

Weaver. — 9.

Powers,

A majority of the members present
voting therefor, the article as amend-
ed was adopted, and ordered engross-
ed for a third reading.

Mr. Gwyer moved to adjourn until
7:30 this evening; which was lost.

Mr. Manderson moved to adjourn.
On motion of Mr. Conner, at G p.
m. convention adjourned until to-
morrow morning at 8 o'clock.

Kighteeiith Day.
Lincoln, Tuesday, .June 1st, 187.),
8 o'clock, a. ni

The convention met pursuant to
adjournment and was called to order
by the president.

The roll was called, and there were

PRESENT

Coates,

Harper,

Becker,

Hopewell,

Boyd,

Kendall,

Burtch,

Manderson,

Eldridge,

Munger,

Foss,

Pound,

Frady,

Robertson,

Garber,

Sauls,

Grenell,

Sterns,

Griffing,

Van Wyck,

Gwyer,

Wilcox,

Hallner,

Mr. President. —28

ABSENT,

Abbott,

Kirkpatrick,

Agur,

Laird

-'-'1 ^tS&Ot

ATrPhpr^on

J. 1x^1 ovr IX,

Rrna c\ v

XJX \JCL\XJ ,

AT a vf 1 n

X*X <X X LXXX ,

Brown,

Matthews

Calhoun

Maxwell

Cams

Peery,

Clark,'

Pierce,

Conner,

Powers,

Dawes,

Rees,

Doom.

.Rogers,

Dunlap,

Shedd,

Ewan,

Smith,

Gere,

Stevenson, ; '

Grebe.

Thompson,

Hamilton,

Thorne,

Harrington,

Vallery,

Hawley,

Walther,

11 ay ward,

Walling.

Henry,

Warrington,

Hinman,

W^eaver,

Hunter,

Zediker.— [44.]

[Cummins ommitted and one in ex-
cess in present column. — Ed.]

There not being a quorum present.
Mr. 'Mand((M'son moved to take r.
recess until Si-'IO o'clock; which mo-
tion was lost.

Mr. Grenell moved that the ser-
geant at arms be dispatched for
al)sentees; which motion was lost.

CONW.NTION OF 1875

595

Tuesday]

Eighteenth Day

[Junel

Mr. Manderson moved a call of
the house, which motion prevailed,
and, the roll being called, there were

PRESENT

Becker,

Ha wley,

Boyd,

uLj.'\_/^o y\ ell,

Burtch,

Hunter

Clark,

Kendall,

Coates,

Kirkpatrick,

Cummins,

Manderson,

Eldridge,

Martin,

Poss,

Munger,

Prady,

Pound,

Garber,

Robertson,

Grebe,

Sauls,

Grenell,

Van Wyck,

GrifRng,

Walther,

Gwyer,

Warrington,

Hallner,

Weaver,

Hamilton,

Wilcox.

Harper,

Zediker,

Harrington,

Mr. President.—

[36.]

A quorum having appeared, all
further proceedings in the call were
dispensed with.'

Journal read and approved.

On motion of Mr. Munger, the con-
vention resolved itself into • a com-
mittee of the whole house, upon the
article entitled Counties, with Mr.
Pound in the chair.

After some time spent therein the
committee arose and, by its chairman,
submitted the following report:

Mr. President, the convention in
committee of the whole have had
under considei'ation the article on
cpunties and report the same back
with the following amendments:

1st. By striking out the proviso
attached to section two.

2d. By striking out section four.

S. B. POUND,

Chairman.

The Question being upon the adop-

tion of the report of the committee
of the whole house, the first and sec-
ond amendments were adopted as re-
commended.

Mr. Weaver offered the following
as an additional section to the article
entitled Counties.

All county officers shall be paid a
salary to be fixed by general law,
which salary for any one county ofR
cer shall not exceed $2,000, but in no
case shall exceed the amount of fees
collected, and all fees over and above
the amount of such salaries shall
be paid into the county treasury.

Mr. Martin moved to postpone fur-
ther consideration of the article en-
titled Counties until this afternoon;
which was agreed to.

Mr. Gwyer, from the committee on
engrossment and enrollment, Sub-
mitted the following report:

[Report not supplied. — Ed.]

The article reported by the judic-
iary committee having been reported
as correctly engrossed, was read a
third time and put upon its passage.

The question being, Shall the ar-
ticle be adopted? those voting in the
affirm(ative were

Agur,

Becker,

Boyd,

Broady,

Abbott,

Brown,

Burtch,

Calhoun,

Carns,

Clark,

Coates,

Conner,

Cummins.

Dawes,

Eldridge,

Ewan,

Foss,

Frady,

Garber,

Gere,

Grebe,

Grenell,

Griffing,

Gwyer,

Hallner,

Hamilton,

596 NEBRASKA CONSTITUTIONAL CONM^]NTIONS

Tuesday]

Eighteenth Day

[Junel

Harper,

Found,

Harrington,

Reep

Hawley,

Robertson,

Hayward,

Sauls,

Henry,

■Shedd,

Hinman,

Sterns,

Hopewell,

Thorne,

Hunter,

Vallery,

Kendall,

Van W'yck,

Kirkpatrick,

Walther,

Laird,

Walling,

McPherson,

Warrington,

Martin,

Weaver,

Maxwell,

Wilcox,

Munger,

Zediker,

Peery,

Mr. President. — 5 9.

Pierce,

Those voting in the negative were

Manderson. — 1,
Absent,

Briggs, Rogers,
Doom, Smith,
Dunlap, Stevenson,
Matthews, Thompson. — 9.

Powers,

A majority of the members pres-
ent voting therefor, consideration
of the article entitled Judicial De-
partment was adopted and referred
to the committee on revision and ad-
justment.

The article entitled, :\Tunicipal Cor-
porations, having been reported as
correctly engrossed, was read a third
time and put upon its i)assage.

The question being. Shall the ar-
ticle be adopted? those voting in the
affirmative were

Abbott,

Agur,

Becker,

Boyd,

Broady,

Brown,

Burtch,

€arns.

Clark,

Coates,

Conner,

Cummins,

Dawes,

Eldridge,

Ewan,

Fobs,

7\Ain n H prQrm

Ivi. CL Ui vi >3 1 oVJll,

Martin

ATa vwpn

IVX CL TV i 1 ,

vjrre De,

M 11 n erpr

iT-t U ^ i ,

rj-rpn p1 1

Peery,

Pierce

G wyer ,

Pound

T-Tp 1 1 n f^'f

Rees

TTn Tn i 1 tnn

T?r»V>PT'fonn

TT n T* Ti P T'

Sanlq

T-Tn Tri n p'tnn

Slipdd

jn ci vv 1 e

St prim

Hayward,

Thorne,

Henry,

Vallery,

Hinman,

Van Wyck,

Hopewell,

Walther,

Hunter,

Warrington,

Kendall,

Weaver,

Kirkpatrick,

Wilcox,

Laird,

Zediker,

McPherson,

Mr. President. — 58

Voting in the negative — none.

Absent,

Briggs,

Rogers,

Calhoun,

Smith,

Doom,

Stevenson,

Dunlap,

Thompson,

Matthews,

Walling. — 11-.

Powers,

A majority of the members voting
therefor, the article entitled Muni-
cipal Corporations was adopted and
referred to the committee on revis-
ion and adjustment.

Messrs. Briggs and Smith were
granted leave of absence.

On motion of Mr. Hayward, , the
convention went into a committee of
th(^ whole house, on the executive
article, with ]\lr. Gwyer in the chair.

After some time spent therein,, thf-
committee arose, and. by its chair-
man, reported progrej?s and asked
leave to sit again.

CONVENTION OF 1875

597

Eighteenth Day

[June 1

On motion, adjourned until two
o'clock this p. m.

Aftei'iioon Session.

The convention was called to order
by the president.
Roll called,

PRESENT.

Abbott,

Hiawley,

Agur,

Hay ward.

-DecKer, .

Henry,

Boyd,

Hinman,

Briggs,

Hunter,

Broady,

Kendall,

Brown,

Kirkpatrick,

xjurtcn,

Laird,

Clark

Mcpherson,

Conner,

Maxwell,

Cummins,

Munger,

Dawes,

Peery,

Doom,

Pierce,

Dunlap,

Pound,

Eldridge,

Rees,

Ewan,

Sauls,

Foss,

Shedd,

Prady,

Smith,

Garber,

Sterns,

Gere,

Thorne,

Grebe,

Vallery,

Grenell,

Van Wyck,

Griffing,

Walther,

Hallner,

Weaver,

Hamilton,

Wilcox,

Harper,

Zediker,

Harrington,

Mr.President. — 54

ABSENT.

Powers,

Robertson,

Rogers,

Stevenson,

Thompson,

Walling,

Warrington.

•15,

Mr. Zediker offered the following
resolution:

RESOLVED, That the secretary of

state be directed to furnish the nec-
essary oil and wicks to light the
convention hall for night sessions.

The question being upon the adop-
tion thereof, it was decided in the
negative.

On motion of Mr. Maxwell the
convention resolved itself into a com-
mitte of the whole house, upon the
executive article, wjth Mr. Gwyer
in the chair.

After some time spent therein, the
committee arose and, by its chairman,
submitted the following report:

Mr. President, the convention, in
committee of the whole, have had
under consideration the article on
Executive and made the following
amendments thereto:

1st. Strike out the words "the
first day of January" in lines 4
and 5, section 1, and leave the
same blank.

2d. Strike out from the word
state in line 3, of sec. 2, down to
and including the word buildings,
in line 6 and inserting the words,
■'one of the officers of the executive
department."

3d. By striking out all after the
word pardon, in line 11 of section
13.

4th. Strike out the words "but
the vote necessary to repass such
bill shall not be less than that re-
quired on the original passage in
each house," in lines 10, 11 and
12, in section 15.

5th. Strike out the words "the ex-
piration of the terms of those in
office at," in line 2 of sec. 24.

6th. Amend section 24, commenc-
ing at line 7, to read as follows:

The salary of the governor shall

598 NEBRASKA CONSTITUTIONiVL CONVENTIONS

[Jtme 2

Wednesday]

Nineteenth Day

be $4,100 per annum. The sal-
aries of the secretary of state, of
the auditor of public accounts, and
treasurer shall be $3,500 per annum;
and of the superintendent of public
instruction, attorney general, jand
commissioner of public lands and
buildings, $2,000 per annum. The |
lieutenant governor shall receive |
twice the compensation of a senator. I
PROVIDED, that (at the expira- i
tion of five years from the adoption
of this constitution and every five |
years thereafter the legislature may, j
by general law, readjust) the said I
salaries, but the salaries of tne otfi- \
cers named in this section shall not :
be increased or diminished during j
their official terms. There shall be
no allowance for clerk hire in any j
of the offices of the executive depart
ment of the state.

7th. Strike out section 2 5.

8th. Strike out section 26.

WM. A. GWYER,

Chairman.

Frady,

Garber,

Gere,

Grebe,

Grenell,

Griffing,

Gwyer,

Hallner,

Hamilton,

Harper,

Harrington,

Hawley,

Hayward,

Henry,

Hinman,

Hopewell,

Hunter,

Kendall,

Kirkpatrick,

Laird,

McPherson,

Manderson,

Martin,

Matthews,

On motion of Mr. Manderson, the
convention adjourned until 9 o'clack
tomorrow morning.

Nineteenth Bay.

Lincoln. Wednesday, .lune 2, 1S75.

The convention met pursuant tc
adjournment and was called to order
by the preseident.

The roll was called, and there
were

PRESENT

Abbott,

Clark,

Agur,

Coates,

Becker,

Conner,

Boyd,

Cummins,

Broady,

Dawes,

Brown,

Doom,

Burtch,

Eldridge,

Calhoun,

Ewan,

Oarns,

Foss, ■

Maxwell,
Munger,
Peery,
Pierce,
Pound,
Rees,

Robertson,
Rogers,
Sauls,

Shedd, ■ '

Smith,
Sterns,
Stevenson,
Thompson,
Thorne,
Vallery,
Van Wyck,
Walther,
Walling,
Warrington,
Weaver,
Wilcox,
Zediker,

Mr. President.- — 66.

ABSENT

Briggs. Powers. — 3.

Dunlap,

Prayer by Rev. Mr. Alexander.

Mr. Weaver offered the followin.i?
as a substitute to the additional sec-
tion to the article entitled Counties.

Tlie county board shall fix the
compensation of all county officers
except their own. which shall be
fixed by law with the amount of
their necessary clerk hire, stationery,
fuel and other expenses, and, in all
cases where fees are provided for,
said compensation, clerk hire, etc.,
shall bo paid only out of and shall
in no instance exceed the fees act-
ually collected. They shall not allow
oithei- of thoni more than $1,500 per
annum in counties not exceeding 20.-
000 inhabitants; $2,000 in counties
containing 20.000 and not exceed-
ing I'iO.OOO inhabitants; $2,500 in
counties containing 30,000 and not
exceeding 50,000 inhabitants; an«l

CONVENTION OF 1875

599

^'ineteenth Day

[June 2

Wednesday]

not more than $100 additional for
every additional 10,000 inhabitants.

PROVIDED, That the compensa-
tion of no officer shall be increased
or diminished during his term of
office. All fees or allowances re-
ceived by them in excess of their
said compensation shall be paid into
the county treasury.

Mr. Weaver offered the following
additional section to the article enti-
tled Counties.

Every county officer who is paid
in whole or in part by fees shall
make semiannual report under oath
to the judge of the district court of
all his fees and emoluments.

Mr. Hawley offered the following
additional section to the article en-
titled Counties.

Sec. — . Contiguous parts of two
counties where each of such coun-
ties exceed eight hundred square
miles may be organized by the legis-
lature into a new county upon a pe-
tition of two-thirds of the legal vot-
ers of such parts without submitting
the question to a vote of the people
of the counties.

Mr. Broady moved to refer the
section offered by Mr. Hawley to the
committee on counties.

Mr. Manderson moved as an
amendment to the preceding motion
that the entire article entitled Coun-
ties with all the amendments and
additions be recommended to the com-
mittee on counties; which motion
prevailed.

Leave of absence was granted to
Mr. Wilcox.

The convention took under con-
sideration the report of the commit-

tee of the whole house upon the exe-
cutive article.

The question being upon the adop-
tion of the executive article as
amended and reported back by the
committee of the whole house, the
first, second, third, fourth, and fifth
amendments were concurred in.

The question being upon the adop-
tion of the amendment relative to
the salary of the governor, Mr.
Doom moved to amend by striking
out the words "four thousand dol-
lars" and insert in lieu thereof the
words "thirty-five hundred dollars."

The question being on the motion
to strike out, iNIr. Manderson called
for a division, and the motion to
strike out was decided in the affirm-
ative.

i\rr. Manderson moved to insert
the words "five thousand dollars"
which motion the president ruled
out of order.

The question recurring upon the
motion to insert the words "three
thouasnd five hundred dollars," it
was decided in the negative.

Mr. Manderson moved to insert
the words "five thousand dollars;"
which was decided in the negative.

Mr. Boyd moved to ,inse|rt the
words "four thousand five hundred
dollars;" which was disagreed to.

Mr. Hinman moved to insert the
words "four thousand one hundred
dollars;" which was decided in the
affirmative.

The question being upon the

600 NEBRASKA CONSTITUTIONAL CONVENTIONS

Wednesday]

amendment relative to the salary of
the secretary of state, Mr. Mander-
eon moved to strike out the words
"three thousand five hundred dol-
lars:" which was decided in the
negative.

The question recurring upon the
amendment relative to the salary of
the secretary of state, it was adop-
ted.

The question being upon the
amendment relative to the salary of
the auditor of public accounts, Mr.
Doom moved to strike out the words
"three thousand five hundred dollars"
and insert, in lieu thereof, the words
"five thousand dollars." A division
being called for, the motion to strike
out was decided in the negative.

The question recurring upon the
amendment relative to the salary of
the auditor of public accounts, it
was adopted.

The question being upon the
amendment relative to the salary of
the treasurer, Mr. Robertson moved
to strike out the words "three thou-
sand five hundred dollars" and in-
sert, in lieu thereof, the words "five
thousand dallars."

A division being called for, the
motion to strike out was disagreed
to.

The question recurring upon the
amendment relative to the sal-
ary of the treasurer, it was adopted.

On motion the report relative to
the salary of the superintendent of
public instruction was adopted.

Mr. Brown moved to strike out the

[June 2

words "two thousand dollars," rela-
tive to the salary of the attorney
general, and insert, in lieu there-
of, the words "two thousand five
hundred dollars."

A division being called for, the
motion to strike out was decided in
the negative, and the report relative
to the salary of the attorney general
was adopted.

The report relative to the salaries
of the commissioner of public lands
and lieutenant governor was adopted.

The question being upon the adop-
tion of the proviso to section 24, Mr.
Boyd moved the following amend-
ment to section 2 4 :

PROVIDED, That the legislature
may by general law readjust the
said salaries, which amendment was
disagreed to.

Mr. Hayward moved the following
amendment to section 24:

PROVIDED, That 'after the ex-
piration of five years from the adop-
tion of this constitution, and not
oftener than once in every five years
thereafter, the legislature may, by
general law, readjust said salares;
which was adopted.

The seventh and eighth amend-
ments were concurred in.

The question being upon the article
as amended. Mr. Doom moved to
strike out of section 1 the words
"superintendent of public instruc-
tion."

I\Ir. Boyd niov(>d to lay the fore-
going amendment on the table.

Tlie yeas and nays being demand-
ed, those voting in the aflirmative
were

Nineteenth Day

CONVENTION OF 1875

601

Wednesday] ISmeteentu Day

Abbott,

Manderson,

Becker,

Maxwell,

Boyd,

Hunger,

Broady,

Pierce,

Conner,

Pound,

Frady,

Rees,

Garber,

Robertson,

GereT

Shedd,

Grebe,

Smith,

Grenell,

Sterns,

Gwyer,

Stevenson,

T^H rvrn

i 11 vn IXC?,

JTLCLl I Illg l/Ull ,

Walthpr

VV dXtJLLd ,

T-Tn vwo ffi

XXCLj W dX KXf

VV d/lllllg ,

XT V7 W K^ll f

"WTq i*t*i t\ c'tr^fi
^ V 'Ct I 1 1 11 g tU 11 ,

Kendall

Those voting ir

I the negative

Agur,

Hawley,

Brown,

Henry,

Burtch,

Hinman,

Garns,

Hunter,

Clark,

Kirkpatrick,

Coates,

Laird,

Cummins,

Martin,

Dawes,

Peery,

Doom,

Rogers,

Bldridge,

Sauls,

Ewan,

Thompson,

Fobs,

Vallery,

Griffing,

Van Wyck,

riaiiner.

VV xSck V tJl ,

Hamilton,

Mr. President. -

Absent,

Briggs,

Matthews,

Calhoun,

Powers,

Dunlap,

Wilcox. — 7.

McPherson,

A majority of

the members

ent voting in the affirmative, the mo-
tion to lay on the table was agreed
to. Mr. Doom moved to strike from
the first section the words "com-
missioner of public lands."

The yeas and nays being demand-
ed, those voting in the affirmative
were

[June 2

Brown

X 1 1 11 IXX d IX ,

Carns

Clark,

irpnrlall

Coates,

Kirkna triok

-L V. 1. 1. M.\. C« V J. V/ *V f

Conner,

Liaird,

Cummins,

Martin,

Doom,

Peery, ;

Ewan,

Robertson,

Frady,

Sauls,

Hamilton,

Smith,

Harrington,

Van Wyck,

Henry,

Weaver, — 24.

Those voting in the negative were

Abbott,

Matthews,

Agur,

Maxwell,

Becker,

Hunger,

Boyd,

Pierce,

Broady,

Pound,

Burtch,

Rees,

Dawes,

Rogers, /

Foss,

Shedd,

Garber,

Sterns,

Griffing,

Stevenson,

Gwyer,

Thomipson,

Hallner,

Thorne,

Harper,

Vallery,

Hawley,

Walther,

Hayward,

Walling,

Hopewell,

Warrington,

McPherson,

Zediker,

Manderson,

Mr. President. — 39.

[Brown, Gere and Grebe omitted.

—Ed.]

Absent,

Briggs,

Eldridge,

Calhoun,

Powers,

Dunlap,

Wilcox. — 6.

A majority

of the members pres-

ent voting in

the negative, the mo-

tion to strike

out was disagreed to.

The question recurring upon the
adoption of section 1, it was adopt-
ed.

On motion of Mr. Warrington, the
convention adjourned until 2 o'clock
p. m.

602 NEBRASKA CONSTITUTIONAL CONVENTIONS

Wednesday]

Afternoon Session.

The convention was called to order
by the president.
The roll was called.

PRESENT

Abbott,

Hinman,

Agur,

Hopewell,

Becker,

Hunter,

Boyd,

Kendall,

Broady,

Kirkpatrick, •

Brown,

Laird,

Burtch,

McPherson,

Cams,

Manderson,

Clark,

Martin,

Coates,

Matthews,

Conner,

Munger,

Cummins,

Peery,

Dawes,

Pierce,

Doom,

Pound,

Eldridge,

Rees

Ewan,

Robertson,

Foss,

Rogers,

Frady,

Conic-

Garber,

omim,

Gere,

sterns,

Grebe,

Stevenson

Grenell,

Thompson,

Griffing,

Vallery,

Gwyer,

Van Wyck,

Hallner,

Walther,

Hamilton,

Walling,

Harper,

Warrington,

Harrington,

Weaver,

Hawley,

Zediker,

Hayward,

]Mr. President. — 61

Henry,

ABSENT.

Briggs,

Powers,

Calhoun,

Shedd,

Dunlap,

Thorne,

Miaxwell,

Wilcox. — 8.

The convention resumed the con-
sideration of the article reported by
the executive committee.

The question being upon the adop-
tion of section 2, Mr. Weaver mov-

[June 2

ed to recommit the article to the
executive committee.

:Mr. Abbott moved as an amend-
ment to recommit sec. 24 to the exec-
utive committee; which was dis-
agreed to.

The question recurring upon the
orig'Inal motion, it was decided ih
the affirmative and the article was
recommitted,.

Mr. Manderson moved to take a
recess of one hour; which was dis-
agreed to.

On motion of Mr. Maxwell the con-
vention resolved itself into a com-
mittee of the whole house on the
articles on railroad corporations and
internal improvements, with Mr.
Laird in the chair.

After some time spent therein, tha
committee arose and, by its chairman,
submitted the following reports.

Mr. President, the convention, in
committee of the whole, have had
under consideration the article on
Railroad Corporations and amended
the same as follows:

1st. Insert the words "or of the
United States'", after the word state,
in line 2 of section 1.

2d. Insert the words "or tele-
graph company" after the word cor-
l)oration, in line 1 of section 3
and line 2 of section 8.

:>d. Insert the words "or earn-
ings in whole or in part" after the
word franchise in line 1 of sec-
tion

4th. Strike out all after the
word individuals, in line 4 of sec-
tion G.

Nineteenth Day

CONVENTION OF 1875

603

Tliursday]

Twentieth Day

5th. Strike out the words "the
rates of freight and passenger tar-
iffs on the different railroads," in
line 3 of section 7, and insert the
following words: "all charges of ex-
press, telegraph and railroad com-
panies."

6 th. By adding the following
sectidn to said article:

Xo railroad corporations organiz-
ed under the laws of any other state
or of the United States and doing
business in this state shall be enti-
tled to exercise the right of emin-
ent domain or have power to ac-
quire the right of way or real estate
for depot or other uses, until it
shall have become a body corporate
pursuant to and in accordance with
the laws of this state.

The committee of the whole have
also had under consideration the
article on internal improvements and
report the same back with the re-
commendation that section one be
referred to committee of the whole
to be further considered with the
article on state, county and munici-
pal indebtedness, and that [the]
balance of said article be stricken

OUtv

J AS. LAIRD,

Chairman.

The question being upon concur-
rence in the amendrdents to the arti-
cle on railroad corporations, as re-
ported back by the committee of the
whole house, the 1st, 2d, 3d,*4th, 5tn^
and 6th amendments were concurred
in." ■

The question being on the adop-
tiph of the article, iVIr. Hinman mov-
ed to strike out ail after section
one, which was disagreed to.

Mr. Broady moved to strike but
section 7, which was disagreed , to. f

[June 3

The article on Railroad Corpora-
tions was adopted^ and ordered en-
grossed for a third reading.

The recommendation of the com-
mittee of the whole house relative
to the article on Internal Improve-
ments was concurred in.

On motion of Mr. Boyd, the con-
vention adjourned at 5:15 o'clock
until tomorrow morning at 9 o'clock.

TWENTIETH DAY.

Lincoln, Thursday, June 3, 1875.
The convention met pursuant to
adjournment and was called to order
by the president.

The roll w^as called and there were-

PRESEJ^'T

Abbott,

Hinman,

Agur,

Hopewell,

Becker,

Hunter,

Boyd,

Kendall,

Briggs,

Kirkpatrick,

Broady,

Laird,

Brown,

McPherson,

Burtch,

Manderson,

Calhoun,

Martin,

Carns,

Matthews,

Clark,

Maxwell,

Coates,

Munger,

Conner,

Peery,

Cummins,

Pierce,

Dawes,

Pound,

Doom,

Powers,

Dunlap,

Rees,

Eldridge,

Robertson,

Ewan,

Rogers,

Foss,

Sauls,

Prady,

Hallner,

Garber,

Hamilton,

Gere,

Harper,

Grebe,

Harringtou,

Grenell,

Hawley,

Griffing,

H^yward,

Gwyer,

Henry,

()04 NEBRASKA CONSTITUTIONAL CONVENTIONS

Thursday]

TAventieth Day

[June

Shedd,

Smith,

Sterns,

Stevenson,

Thompson,

Thome,

Vallery,

Van Wyck,

Walther,

Walling,

Warrington,

Weaver,

Zediker,

Mr.President. — 6 8.

ABSENT.

Wilcox.

Prayer by Rev. Mr. Slaughter.
.Journal read and approved.

Mr. Srciith firom the lagislativg
committee, reported an article amend-
atory to the constitution; which was
read the first time,

Trtie rules were suspended, two-
thirds of the members voting there-
for, and the article was read a sec-
ond time by its title and referred to
the committee of the whole house.

Leave of absence was granted td
Mr. Frady.

Mr. Manderson, from the executive
committee, submitted a report
amendatory to the constitution, which
was read, ordered not printed and
referred to the committee of the
whole house.

Mr. Laird, from the committee on
legislative apportionment, reported
an article amendatory to the consti-
tution; which was read the first time.

[This article not original — news-
paper clipping. — Ed.]

Mr. President, your committee
upon the legislative article respect-
fully submit the following report,
and recommend that it be incorpor-
ated in the constitution:

Section 1. The legislative author-
ity is vested in a senate and house
of representatives.

Sec. 2. The legislature shall
provide by law for an enumeration
of the inhabitants of the state in
the year eighteen hundred and
eighty-five, and every ten years there-
after and at its first regular session
/after each enumeration, and^ also
after each enumeration made by the
authority of the United States, but
at no other time. The legislature
shall apportion the senators and rep-
resentatives according to the num-
ber of inhabitants, excluding Indians
not taxed, and soldiers and officers
of the United States army and navy.

Sec. 3. The house of representa-
tives shall consist of eighty-four
members, and the senate shall con-
sist of thirty members until the
year 1880, after which time the num-
ber of members of each house shall
be regulated by law. But the num-
ber of representatives shall never
exceed one hundred, nor that of
senators, thirty-three.

Sec. 4. Members of the legisla-
ture shall receive for their services
two hundred dollars for their term
of service, and mileage at the rate
of ten cents per mile, for each
mile necessarily travelled in going to
and returning from the capital.

Sec. 5. No person shall be elig-
ible to the office of senator, or mem-
ber of the house of representatives,
who shall not be an elector and have
resided within the district from which
he is elected for the term of one year
next before his election, unless he
shall have been absent on the public
business of the United States or of
his state; and no person elected as
aforesaid shall hold his office after
he shall have removed from such
district.

Sec. 6. No person holding olfice
under the authority of the United
States, or any lucrative office under
the authority of this state, shall be
eligible to, or have a seat in the

CONVENTION OF 1875

605

I'liur&day]

Twentieth Day

[June 3

legislature, but this provision shall
not extend to precinct or township
officers, justices of the peace, notaries
public, or officers of the militia; nor
shall any person, intetrested in a
contract with, or unadjusted claim
against the state hold a seat in the
legislature.

Sec. 7. The session of the leg-
islature shall commence at 12
o'clock, (noon) on the first Tuesday
In January, in the year next ensu-
ing the election of members there-
of, and at no other time unless as
provided by the constitution. A ma-
jority of the members elected 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 [and]
sh^U choose its own officers. [The
comma after the word election is
misplaced. — Ed.] And the senate
fihall choose a temporary president
to preside when the lieutenant gov-
ernor shall not attend as president,
or shall act as governor.

The secretary of state shall call
the house of representatives to order
at the opening of each new legisla-
ture 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 members elected to
that house, and no member shall be
twice expelled for the same offense.
Each house may punish by imprison-
ment any person not a member there-
of, who shall be guilty of disrespect
to the house by disorderly or con-
temptuous behavior in its presence,
but no such imprisonment shall ex-
tend beyond twenty-four hours at one
time, unless the person shall persist
in sueh disorderly or contemptuous
behavior:

Sec. 8. Each house shall keep a

journal of its proceedings and pub-
lish them (except such parts as may
require secrecy), and the yeas and
nays of the members on any question
shall, at the desire of any two of
them, be entered on the journal.

All votes in either house shall be
viva voce.

The doors of each house and of the
committee 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.

Sec. 9. Any bill may originate in
either house of the legislature, ex-
cept bills appropriating money, which
shall originate in the house of rep-
resentatives, and all bills passed by
one house may be amended by the
other.

Sec. 10. The enacting clause of a
law shall be, "Be it enacted, by the
legislature of the state of Nebraska,'^
and no laAv shall be enacted except
by bill.

No bill shall be passed unless by
assent of a majority of all the mem-
bers elected to each house of the
legislature; and the question upon
final passage shall be taken immed-
iately upon its last reading, and the
yeas and nays shall be entered upon
the journal.

Sec. 11. Every 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 upon its final pass-
age.

No bill shall contain more than
one subject, and the same shall be
clearly expressed in its title.

And no law shall be amended un-
less the new act contains the sec-
tion or sections so amended, and

(m NEBRASKA CONSTITUTIONAL CONVENTIONS

Thursday] Twentieth Day [June 3

the section or sections so amended
shall be repealed.

The presiding officer of each
house shall sign, in the presence of
the house over which he presides,
while the same is in session, and
capable of transacting business, all
bills and concurrent resolutions pass-
ed by the legislature.

Sec. 12. Members of the legisla-
ture in all cases except treason, fel-
ony, or breach of the peace, shall be
privileged from arrest during the
session of the legislature, and for
fifteen days next before the com-
mencement and after the termination
thereof.

Sec. 13. No person elected to the
legislature shall receive any civil
appointment within this state from
the governor and senate, or from the-
legislature, during the term for which
lie has been elected. And all such
appointments, and all votes given
for any such member for any office
or appointment, shall be void. Nor
shall any member of the legislature,
or any state officer be interested,
either directly or indirectly, in any
contract with the state, county, or
city authorized by any law passed
during the term for which he shall
have been elected, or within one
year after the expiration thereof.

Sec. 14. The senate and house of
representatives, in joint convention,
shall haVe the sole power of im-
peachment, but a majority of the
members elected must concur there-
in.

Upon the entertainment of a res-
olution to impeach by either house,
the other house shall at once be noti-
fied thereof, and the two houses shall
meet in joint convention for the pur-
pose of acting upon such resolution
within three days of such notification.

A notice of an impeachment of any
officer, other than a justice of the

supreme court, shall be forthwith
served upon the chief justice by the
secretary of the senate, and he shall '
thereupon call a session of the sur
preme court to meet at the capitol
within ten days of such notice to
try the impeachment.

A notice of an impeachment of a
justice of the supreme court shall
be served by the secretary of the
senate upon the judge of a district.,
court within which the capitol is
located, and he thereupon shall notify
all the judges of the district court,
in the state to meet with him within
thirty days at the capital to sit as a
»?ourt to try such impeachment, '
which court shall organize -by electing ;
one of their number to preside.

No person shall be convicted with-
out the concurrence of two-thirds of
the members of the court of im-
peachment; but judgment in cases
of impeachment shall not extend far-
ther than to remove from office and ■
disqualification to hold and enjoy any"
office of honor, profit or trust in this '
state, but the party suspended.'
whether convicted or acquitted, shall
nevertheless be liable to prosecution
and punishment according to law.

No officer shall exercise his official .
duties after he shall have been im- "
peached and notified thereof . until he,
shall have been acquitted.

Sec. 15. The legislature shall not
pass local or special laws in any of.
the following cases; that is to say:;.

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'
officers.

CONVENTION OF 1875 607

Thursday] Twentieth Day [June 3

Regulating the practice of courts
of justice.

Regulating tlie jurisdiction and.
duties of justices; of the peace, police
magistrateis and constables.

Providing for changes of venue in
civil and criminal cases.

Incorporating cities, towns and vil-
lages, or changing or amending the
charter of any town, city or village.

Providing for the election of officers
in townships, incorporated towns or
cities.

Summoning and empaneling grand
and petit juries.

Providing for the management of
common ischools.

Regulating the interest on money.

The opening and conducting of any
election, or designating the place of
voting.

The sale or mortgage of real es-
tate belonging to minors, or others
under disability:

The protection of game or fish.

Chartering or licensing ferries, or
toll bridges.

Remitting fines, penalties, or for-
feitures.

Creating, increasing or decreasing
fees, percentage or allowance of pub-
lic officers during the term for which
said officers are elected or appoint-
ed.

Changing the law of descent.
Granting to any corporation,; as-
sociation or individual the right to
lay down railroad tracks, or amend-
ing existing charters for such pur-
pose.

Granting to any corporation, as-
sociation, or individual any special
or exclusive privileges, immunity, or
franchise whatever.

In all other cases where a general
law can be made applicable, no spec-
ial law shall be enacted.

Sec. 16. The legislature shall

never grant any extra compensation
to any public officer, agent servant
or contractor after the services sliall
have been rendered or the contra,c,t
entered into.

Nor shall the compensation of any
public officer be increased or dimin-
ished during his term of office.

Sec, 17. The state shall never pay,
assume, or become responsible for
the debts or liabilities of, or in any
manner give, loan or extend its cred-
it to or in aid of any public or other
corporation, association, or indivi-
dual.

Sec. 18. The le?2,isl|a.ture 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 in any municipal corpora-
tion therein.

Sec. 19. The legislature shaili
never alienate the salt springs belorig'-
ing to this state, but may dispose of
the lands connected therewith, or
purchase other contiguous lands for
the purpose of developing said
springs, but for no other purpose.

Sec. 20. Each legislature shall
make appropriations for the expenses
of the government until the expira-
tion of the first fiscal quarter after
the adjournment of the next regular
session, and all appropriations shall
end with such fiscal quarter.

And whenever it shall be deemed
necessary to make further appropri-
ations for deficiencies, the same
shall require a two-thirds vote of all
the members elected to each house,
and shall not exceed the amount of
revenue authorized by law to be
raised in such time.

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.

(508 NEBRASKA OONSTITUTK )NAJ. (JONA^ENTIOXS

TImr.sday]

Twentieth Day

[June S

Sec. 21. The state may, to meet
casual deficits or failures in revenue,
contract debts never to exceed in the
aggregate fifty thousand dollars, and
moneys thus borrowed shall be ap-
'plied to the purpose for which they
were obtained; or to pay the debt
tiius created and to no other purpose.

And no other debt, except for the
purpose of repelling invasion, sup-
pressing insurrection, or defending
the state in time of 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 leg-
islature 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 shall be made
at the time for the payment of the
interest annually as it shall accrue,
and for the paymen' of the principle
[principal] within twenty years, by
a tax levied for the purpose, or from
other sources of revenue which law
providing for the payment of such
interest and principle [principle] by
such tax shall be irrepealable until
the debt be paid. And, provided fur-
ther, that the law levying the tax
shall be submitted to the people with
the law authorizing the debt to be
contracted.

Sec. 22. All offices created by this
constitution shall become vacant by
the death of the incumbent, by re-
moval from the state, resignation,
conviction of a felony, impeachment,
or becoming of unsound mind.

And the legislature shall provide
by general law for the filling of such
vacancy when no provision is made
for that purpose in this constitution.

Sec. 23. The legislature shall nqt
authorize any games of chance, lot-

tery, or gift enterprise, under any
pretense, or for any purpose what-
ever.

Sec. 24. No money shall be drawn
from the treasury, except in pursu-
ance of a specific appropriation made
by law and on the presentation of a
warrant issued by the auditor there-
on, and no money shall be diverted
from any appropriation made for any
purpose, or taken from any fund
whatever, either by joint or separate
tesolution.

The auditor shall, within sixty days
after the adjournment of each ses-
sion of the legislature, prepare and
publish a full statement of all moneys
expended at such session, specifying
the amount of each item, and to
whom and for what paid.

Sec. 2 5. No member of the legis-
lature shall be liable in any civil or
criminal action whatever for words
spoken in debate.

Sec. 26. No act shall take effect
until three calendar months after
the adjournment of the session at
which it was passed (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 members elected to
each house otherwise direct. [The
punctuation of this section should be
changed as follows: . . .passed, unless
in case of emergency (to be express-
ed in the preamble or body of this
act) the legislature shall,. . . .- — Ed.]

Every law shall be published with-
in sixty days after its enactment^ in
sucl\ manner as the legislature may
'provide.

CEO. S. SMITH.

Chairman,

Looislativo Apportionment.

Mr. President, your committee on
legislative apportionment submit the
following report, and recommend that
the same be incorporated into the
constitution.

CONVENTION OF 1875

609

Thursday] Twentieth Day [June 3

[Report not original— newspaper
clipping.-— Ed.]

liCgislative Apportioniiient.

Until otherwise provided by law,
senatoral and representatives dis-
tricts shall be formed and senators
and representatives apportioned as
follows:

Senatorial Districts.

District No. 1 shall consist of the
county of Richardson, and be entitled
to two senators.

District No. 2 shall consist of the
county of Nemaha, and be entitled
to one senator.

District No. 3 shall consist of the
county of Otoe, and be entitled to
two senators.

District No. 4 shall consist of the
county of Cass, and shall be entitled
to one senator.

District No. 5 shall consist of the
county of Douglas, and be entitled
to two senators.

District No. 6 shall consist of the
counties of Douglas and Sarpy, and
be entitled to one senator.

District No, 7 shall consist of the
county of Washington, and be enti-
tled to one senator.

District No. 8 shall consist of the
county of Dodge, and be entitled to
one senator.

District No. 9 shall consist of the
county of Cuming, and be entitled to
one senator.

District No. 10 shall consist of the
counties of Burt and Dakota, and
the territory known as the Omaha
Reservation, and shall be entitled to
one senator.

District No. 11 shall consist of the
counties of Stanton, Wayne, Pierce,
Madison, Antelope and Boon[e], and
be entitled to one senator.

District No. 12 shall consist of the
counties of Dixon, Cedar, Knox, Holt

and the unorganized territory of this
state west of Holt, and be entitled to
one senator.

District No. 13 shall consist of the
counties of Hall, Howard, Merrick,
Greel[e]y, and the unorganized ter-
ritory north of Greel[e]y, and be en-
titled to one senator.

District No. 14 shall consist of the
counties of Platte and Colfax, and be
entitled to one senator.

District No. 1.5 shall consist of the
counties of Butler and Polk, and be
entitled to one senator.

District No. 16 shall consist of the
county of Saunders, and be enti-
tled to one senator.

District No. 17 shall consist of the
county of Lancaster, and be entitled
to two senators.

District No. 18 shall consist of th^
counties of Johnson and Pawnee, and
be entitled to one senator.

District No. 19 shall consist of the
counties of Gage and Jefferson, and
be entitled to one senator.

District No. 20 shall consist of the
county of Saline, and be entitled to
one senator.

District No. 21 shall consist of the
county of Seward, and be entitled to
one senator.

District No. 2 2 shall consist of the
counties of York and Hamilton, and
be entitled to one senator.

District No. 23 shall consist of the
counties of Fillmore and Clay, and
be entitled to one senator.

District No. 2 4 shall consist of the
counties of Adams, Webster, Nuck-
olls, and Thayer, and be entitled to
one senator.

District No. 25 shall consist of' the
counties of Buffalo, Kearney, Frank-
lin, Harlan, Phelps, Sherman, Valley
and the unorganized territory west
of Sherman, Valley, and senatorial
district No. thirteen (13), and be
entitled to one senator.

()10 NEBRASKA CONSTITUTIONAL CONVENTIONS

Thursday] Twentieth Day [June 3

District No. 26 shall consist of the
counties of Lincoln, Gosper, Dawson,
Furnas, Red Willow, Frontier, Hitch-
cock, Dundy, Chase, Keith, Chey-
enne,, and the unorganized territory
west of Frontier, and between Front-
ier and Chase, and be entitled to one
senator.

Representative Districts.

District Xo. 1 shall consist of the
.county of Richardson, and be entitled
to five representatives.

District No. 2 shall consist of the
-county of Pawnee, and be entitled to
one representative.

District No. 3 shall consist of the I
county of Gage, and be entitled to two
representatives.

District No. 4. shall consist of the
county of Johnson, and be entitled to
one representative.

District No. 3 shall consist of the
county of Nemaha, and be entitled
to three representatives.

District No. 6 shall consist of the
county of Otoe, and be entitled to
four representatives.

District No. 7 shall consist of the
county of Lancaster and be entitled '
to five representatives.

District N'o. 8 shall consist of the
county of Saunders, and shall be en-
titled to three representatives.

District No. 9 shall consist of the
county of Cass, and be entitled to four
representatives.

District No. ]0 shall consist of the
county of Sarpy, and be entitled to
one representative.

District No. 11 shall consist of the
county of Douglas, and be enTitled to
eight representatives.

District No. 12 shall consist of the
county of Dodge, and be entitled to
two representatives.

District No. 13 shall consist of the
county of Washington, and be entitled
to two representatives.

District No. 14 shall consist of the
county of Burt, and be entitled to
one representative.

District No. 15 shall consist of the
county of Cuming, and be entitled to
two representatives. . ,

District No. 16 shall consist of the
county of Dakota, and be entitled to
one representative.

District No. 17 shall consist of the
county of Dixon, and be entitled to
one re'presentative..

District No. 18 shall consist of the
county of Jefferson, and be entitled
to one representative.
I District No. 19 shall consist of the
county of Thayer, and be entitled to
one representative.

District No. 20 shall consist of the
county of Nuckolls, and be entitled
to one representative.

District No. 21 shall consist of the
county of Webster, and be entitled
to one representative.

District N'o. 2 2 shall consist of the
county of Adams, and be entitled to
one representative.

District No. 23 shall consist of the
county of Clay, and be entitled to
to one representative.

District No. 24 shall consist of the
county of Fillmore, and be entitled
to one representative.

District No. 2 5 shall consist of the
county of Saline, and be entitled to
two representatives.

District No. 26 shall consist of the
county of Seward, and be entitled to
two representatives.

District No. 2 7 shall consist of the
county of York, and be entitled to
two representatives.

District No. 28 shall consist of the
county of Hamilton, and be entitled
to one representative.

District No. 29 shall consist of the
county of Hall, and be entitled f
one representative-

CONVENTION OF 1875

611

Thursday] Twentieth Day [June 3

District No. 30 shall consist of the
county of Buffalo, and be entitled to
one representative.

District No. 31 shall consist of the
county of Lincoln, and be entitled to
one representative.

District No. 32 shall consist of the
county of Harlan, and be entitled to
one representative.

District No. 3 3 shall consist of the
counties of Howard and Greel[e]y,
and be entitled to one representa-
tive.

District No. 34 shall consist of the
county of Merrick, and be entitled
to one representative.

District No. 35 shall consist of the
county of Polk, and be entitled to
one representative.

.District No. 36 shall consist of the
county of Butler, and be entitled to
one representative.

District No. 3 7 shall consist of the
county of Colfax, and be entitled
to one representative.

District No. 3 8 shall consist of the
county of Platte, and be entitled to
one representative.

District No. 3 9 shall consist of the
county of Madison, and be entitled
to one representative.

District No. 40 shall consist of the
county of Cedar, and be entitled
to one representative.

District No. 41 shall consist of the
counties of Burt, Dakota, the ter-
ritory known as the Omaha reserva-
tion, and be entitled to one represen-
tative.

District No. 4 2 shall consist of the
counties of Stanton, Wayne and
Pierce, and be entitled to , one rep-
resentative.

District No. 4 3 shall consist of the
counties of Knox and Holt, and the
unorganized territory of the state
west of Holt, and be entitled to one
represisntative.

pist'rict No. 44 shall consist of the

county of Antelope, and be entitled
to one representative.

District No. 45 shall consist of the*
counties of Boone, Valley, Sherman,"
and the unorganized territory west of
Sherman and Valley counties, and
west of the 13th senatorial district,
and be entitled to one representa-
tive.

District No. 46 shall consist of the'
counties of Dawsfon and Pi'ontier,'
and be entitled to one representa-
tive. • '

- ' ;i

District No. 4 7 shall consist of the
counties of Franklin and Kearney,
and be entitled to one representa-
tive.

District No. 4 8 shall consist of the
counties of Pcrnas, Phelps, and
Gosper, and be entitled to one rep-
resentative.

District No. 49 shall consist of the'
counties of Cheyenne, Keith, Dundy,
Chase, Hitchcock, Red Willow and
the unorganized territory of this
state north of the- county of Hitch-
cock, and be entitled to one rep-,
resentative. '

District No. 5 0 shall consist of the
'Counties of JiohnsSii and Pawnee,
and be entitled to one representa-
tive.

District No. 51 shall consist of the
counties of Platte and Colfax, and
be entitled to one representative.

District No. 52 shall consist of the.
counties of Fillmore and Clay, and:
be entitled to one representative.

JAMES LAIRD, .
Ch'n. Com. on Legislative .

Apportionment. ■

[The following report not original'
— newspaper clipping.- — ^Ed.] '

Mr^ Manderson, from the executive
committee offered the folowing re-»;
port, which was ordered hot printed';
and referred to committee of the,
whole.

(;iL> XEBRASKA (X)NSTITUTIONAL CONVENTIONS

Thurs^Jay] Twentieth Day [June 3

Mr. President, your committee on
the executive department to whom,
on June 2d, was referred its former
report and the consideration of such
changes as had been proposed in
the convention, beg leave to present
the following report:

That it has had the whole sub-
ject matter under consideration and
suggests the adoption of the article
as originally reported by the com-
mittee and as printed with the fol-
lowing changes and amendments:

In sec. 1, strike out the words
"the first day of January," in the
fourth and fifth lines and leave a
blank.

In sec. 2, strike out from and
include "neither" in third line to
"shall" in the sixth line, and in-
sert in lieu thereof "none of the
officers of the executive department."
Change "he" to "they" in the seventh
line.

In section 13, strike out from and
to include "in cases of," in the elev-
enth line, to the end of the section.

In section 15, strike out from and
to include "but," in the tenth line, to,
and to include "house" in the twelfth
line.

In section 8, change the number
17 in the 2d line to the number 16.

In sectiono 24, strike out the entire
section, and adopt the following as
a substitute: "The officers named,
in this se<*tion shall redaive for their
services a salary, and they shall not,
after the adoption of this con^stitu*-
tion, receive to their own use any
fees, costs, interest upon public mon-
eys in their hands or under their
cx)ntrol, perquisites of office, or other
compensation, and all fees that may
hereafter be payable by law for any
service performed by any officer pro-
vided for in this article of the con-
etitution shall be paid in advance
into the state treasury. The salary
of the governor shall be three thou-

sand dollars per annum. The sala-
ries of the secretary of state, of the
auditor of public accounts, and treas-
urer, shall be two thousand five hun-
dred dollars per annum; and of the
superintendent of public instruction,
attorney general and commissioner
of public lands and buildings, two
thousand dollars per annum. The
lieutenant governor shall receive
twice the compensation of a senator:
PROVIDED, That, after the expira-
tion of five years from the adoption
of this constitution, and not oftener
than every five years thereafter, th^
legislature may, by general law, re-
adjust the said salaries, but the sala-
ries of the officers named in this sec-
tion shall not be increased or di-
minished during their official terms.

Strike out section 25, 26, and 28,
and adopt the following as a sub-
stitute for section 28:

No other executive state office
shall be continued or created, and
the duties now devolving upon offi-
cers not provided for by this con-
stitution shall be performed by the
officers herein created.

CHAS. F. MANDERSON,

Ch'n.

Mr. Amur's Report-

[Report not original — newspaper
clipping. — Ed.]

The committee on state and coun-
ty boundaries and counties, to whom
was referred the article on coun-
ties with sundry proposed amend-
ments, would recommend the strik-
ing out of all words between the
word "determine," in line 3, in sec-
tion 6, and the word "and" in line
7 of same section, and the adoption
of the following amendments as sec-
tions 6 and 7 :

Sec. 6. The county board shall
fix the compensation of all county
officers, except their own. which shall
be fixed by law, with the amount
of their necessary clerk hire, station-

CONVENTION OF 1875

613

Thursday]

Twentieth Day

[June S

ery, fuel and other expenses, and in
all cases where fees are provided
for said compensation, clerk hire
shall be paid only out of, and in no
instance exceed the fees actually col-
lected. They shall not allow either
of (hem more than fifteen hundred
dollars per annum in counties not
exceeding twenty thousand inhabi-
tants, two thousand dollars in coun-
ties containing twenty thousand in-
habitants and not exceeding thirty
thousand inhabitants, twenty-five
hundred dollars in counties contain-
ing thirty thousand and not exceed-
ing fifty thousand inhabitants, and
not more than $100 additional for
'every additional ten thousand in-
habitants: PROVIDED, That the
compensation of no officer shall be
increased nor diminished during
his term of office, and all fees or
allowances received by them in ex-
cess of their said compensation shall
be paid into the county treasurer
[treasury (?)].

Sec. 7, Every county officer who
is paid in full or in part by fees,
shall make semiannually a report,
under oath, to the judge of the dis-
trict court, of all his fees and
emoluments.

LUKE AGUR,

Chairman.

Mr. Boyd moved that the article
reported by the committee on legis-
lative apportionment be recommitted
to said committee with instruc-
tions to report not to exceed twenty-
five senators, and seventy-five rep-
resentatives.

The yeas and nays being demand-
ed^ those voting in the affirmative
were

Abbott,
Boyd,
Broady,
Brown.

Burtch,
Dunlap,
Ewan,

Grere,

Grebe,

Grenell,

Gwyer,

Hallner,

Harrington,

Henry,

Kirkpatrick,

McPherson,

Manderson,

Those voting

Becker,

Carns,

Clark.

Coates,

Conner,

Cummins,

Dawes,

Doom,

Poss,
j Frady,
1 Griffin^,
I Hamilton,
j Harper,
! Hawley,

Hayward,

Hinman,

Hunter,

Kendall,

Martin,

Munger,

Rees,

Peery,

Pound,

Shedd,

Sterns,

Thompson,

Vallery.— 26.

in the negative were

Laird,

M atthews.

Maxwell,

Pierce,

Powers,,

Rogers,

Sauls,

Smith,

Stevenson,

Thorne,

Van Wyck,

Walther,

Walling,

Warrington,,

Weaver,

Zediker,

Mr.President. — 35.

Agur,
Briggs,
Calhoun,
Eldridge,

ABSjuNT.

Garber,
Hopewell,
Robertson,
Wilcox. — 8.

Mr. Abbott moved to recommit the
article reported by the committee on
legislative apportionment to said
committee.

Mr. Gere moved to lay the motion
to recommit on the table, which mo-
tion prevailed and the motion to
recommit was laid on the table.

The rules were suspended, two-
thirds of the members voting there-
for, and the article v.as read a sec-
ond time by its title and referred
to the committee of the whole house.

614 NEBRASKA CONSTITUTIOXAI. CONVENTIONS

Thursday]

Twentieth Day

[June 3

Messrs. Hopewell and Hawley were
given leave of absence.

On motion of Mr. Pound, the con-
vention resolved itself into a com-
mittee of the whole house for the
further consideration of the article
entitled executive department, with
Mr. Gwj'Cr in the chair.

After some time spent therein, the
committee arose and by its chairman
reported progress and asked leave to
sit again.

Mr. Gwyer asked leave of absence
for the members of the committee on
state institutions and public build-
ings, which was granted.

Mr. Conner moved that the sec-
retary of state be requested to pre-
pare lights for night session, which
motion prevailed. .

On motion, adjourned until 2
o'clock p. m.

Afternoon Session.

The convention was called to order
by the president.
Roll called.

PRESENT

Abbott,

Dawes,

Agur,

Doom,

Becker,

Dunlap,

Boyd,

Eldridge,

Briggs,

Foss,

Broady,

Frady,

Brown,

Grebe,

Burtch,

Grenell,

Calhoun,

Griffing,

Cams,

Hallner,

Clark,

Hamilton,

Coates,

Harper,

Conner,

^ Harrington

Cummins,

Hawley,

Hayward,

Rees,

Henry,

Sauls,

Hinman,

Smith,

Hunter,

Sterns,

Kendall,

Stevenson,

Kirkpatrick,

Thompson,

Laird,

Thorne,

McPherson,

Vallery,

Manderson,

Van Wyck,

Martin,

Walther,

Matthews,

Walling,

Maxwell.

Warrington,

Munger,

Weaver,

Peery,

Zediker,

Powers.

Mr. President. — 58

Mr. Agur, from the committee on'
state, counties, and county bounda-'
ries, reported an article amendatory^
to the constitution, which was read;
a first and second time, ordered not'
printed, and referred to the committee'
of the whole house.

On motion of IMr. Warrington, the;
convention resolved itself into a com-
mittee of the whole house for the
further consideration of the executive'
article, with :Mr. Van Wyck in the"
chair.

After some time spent therein, the '
committee arose and by its chairman
submitted the following report:

Mr. President, the convention ln=
committee of the whole have had;
under consideration the report of the^
executive committee upon the Execu-.
five Article, and report the same"
back with the recommendation thalt'
the report of said committee be con-
curred in except in the following
particulars:

1. Strike out from the substitute,
reported for sec. 24, "salary of gov-
ernor, three thousand dollars per a^r.,
num" and insert "two thousand .ftv^f
hundred dollars peir annum." , ,,.■: ]

CONVENTION OF 1875

615

Twentieth Day

[June 3

Thursday]

2. Strike out the proviso attached
to the substitute for said section
24.

3. By adding to said section 24,
as amended, "There shall [be] no
allowance for clerk hire in the offices
of the superintendent of public in-
struction, attorney general"

4. By making [the] salary of
[the] secretary of state read two
thousand dollars per annum.

The convention in committee of
the whole have had rlso under fur-
ther consideration the article entitled
Executive and made further amend-
ments thereto as follows:

1. By inserting the word state
after the word other in line 6 of
sec. 2.

C. H. VA?^ WYCK,

Chairman.
The question being upon the adop-
tion of the report of the committee
of the whole house, it was concurred
in,

Mr. Henry, by unanimous consent,
offered the following substitute for
section 24, and moved its adoption.

Substitute
Sec^ 24. The officers named in this
section shall receive for their services
a salary and they shall not receive
to their own use any fees, costs, in-
terest upon public monies [moneys]
in their hands or under their control,
perquisites of office, or other com-
pensation. And all fees that may
hereafter be payable by law for any
services performed by any officer pro-
vided for in this article of the
constitution shall be paid in advance
into the state treasury. The salary
of the governor, secretary of state,
and treasurer shall be twenty-five
hundred dollars each. The allowance
for clerk hire, contingent and inciden-
tal expenses shall not exceed fifteen
hundred dollars per annum 'for each
office. The auditor of public accounts
shall receive a salary of twenty-five

hundred dollars. The allowance for
clerk hire, contingent and incidental
expenses for said office sha'Il not ex-
ceed three thousand dollars per an-
num. The salaries of superintendent
of public instruction, attorney gen-
eral and commissoner of public lands
and buildings shall be two thousand
dollars each per annum. There
shall be no allowance for clerk hire,
[or] incidental or contingent expens-
es for the offices of superintendent
of public instruction, attorney general
and commissioner of public lands and
buildings: PROVIDED, That the
legislature may readjust the salaries
after the expiration of five years from
the adoption of this constitution and
every five years thereafter.

Mr. Thorne moved to strike out
the provision [proviso] to the sub-
stitute, which was disagreed to.

The question recurring upon the
motion to adopt the substitute, the
yeas and nays were demanded.

Those voting in the affirmative

were

Burtch,

Hunter,

Clark,

KirkpatriCk,

Coates,

Laird,

Conner,

McPherson,

Cummins,

Matthews,

Dawes,

Peery,

Doom,

Powers,

Dunlap,

Rees,

Eldridge,

Sauls,

Grebe,

Stevenson,,

Grenell,

Thompson,

Griffing,

Thorne,

Hallner,

Vallery,

Hamilton,

Van Wyck,

Harrington,

Walther,

Hawley,

Wilcox,

Henry,

Zediker. — 34.

Hinman,

Those voting

in the negative

Abbott,

Boyd,

Agur,

Broady,

f;i<; np:bkaska constitutional c onventions

ThursxJay]

Twentieth Day

[June $

Calhoun, Munger,

Foss, Pound,

Gere, Shedd,

Harper, Smith,

Hay ward, .-terns,

Kendall, Walling,

Manderson, Warrington,

Martin, Weaver,

Maxwell, Mr. President. — -22.

Absent,

Becker, Garber,
Briggs, Gvv.'er,
Brown, Hopewell,
Carns, Pierce,
Ewan, Robertson,
Fraay, Rogers. — 13.

[One in excess in the affirmative is
needed to make thirteen absent.
— Ed.]

A majority of the members pres-
ent voting in the affirmative, the
substitute was adopted.

Mr. Hawley moved to reconsider
the vote by which the substitute was
adopted.

Mr. Abbott moved that the con-
vention adjourn'; which motion was
lost.

Mr. Van Wyck moved to lay the
motion to reconsider on the table;
'which was disagreed to.

The question recurring on the mo-
tion to reconsider, it was decided in
the affirmative.

The question being on the adoption
ot the substitute, Mr. Weaver moved
to strike out the proviso,

Mr. Abbott moved a call of the
house.

The yeas and nays being demanded.

Call of The House.
YEAS.
Abbott, Boyd,
Agur, I^roady,

Burtch,

Calhoun,

Dunlap,

Gere,

Hay ward,

Kendall,

Kirkpatrick,

Laird,

Manderson,

Martin,

Maxwell,

Munger,

Pound,

Shedd,

Smith,

Walling,

Warrington,

Zediker,

Mr. President. — 23.

NAYS.

.Clark, Hunter,

Coates, McPherson,

Conner, Matthews,

Cummins, Peery,

Dawes, Powers, .

Doom, Rees,

Eldridge, Sauls,

Foss, Sterns,

Grebe, Stevenson,

Grenell, Thompson,

Griffing, 'Ihorne,

Hallner, Vallery,

Harper, Van Wyck,

Harrington, Walther,

Hawley, Weaver,

Henry, Wilcox. — 34.
Hinman,

[Hamilton omitted. — Ed.]

ABSENT.

Becker,

Briggs,

Brown,

Carns,

Ewan,

Frady,

Garber,

Gwyer,

Hopewell,

Pierce,

Robertson,

Rogers. — 12.

A majority of those present hav-
ing voted in the negative, the motion
for a call of the house was disagreed
to.

The question recurring upon
striking out the proviso, Mr. Boyd
moved as an amendment to strike
out all of said section except so
much as relates to the salaries of the
executive officers.

The yeas and nays being demanded.

CONVENTION OF 1875

617

TJbursday]

YEAS.

Abbott,

Mander&on,

Boyd,

Maxwell,

Broady,

Shedd,

Calhoun.

Smith,

Gere,

Sterns,

Hay ward,

Walling,

Kendall,

Mr. President.

NAYS.

Agur,

Hunter,

Briggs,

ivirK'patncK,

rmncn,

Laird,

i larK,

III cPherson,

Coates,

iVidrtin,

Conner,

ivi d. ti n e w 8,

Cumniins,

iviungei ,

Dawes,

Peery,

X^ooin,

Pound,

uuniap.

X U W tjl Of

Eldrldge,

Rees,

Foss,

Qanlc
odUlS,

Grebe

Stevenson

Grenell,

Thompson,

Griffing,

Thorne,

Hallner,

Vallery,

Hamilton,

Van Wyck,

Harper,

Walther,

Harrington,

Warrington,

Hawley,

Weaver,

Henry,

Wilcox,

Hinman,

Zediker. — 44

ABSENT.

Becker,

Gwyer,

Brown,

Hopewell,

Cams,

Pierce,

Ewan,

Robertson,

Frady,

Rogers. — -1 1.

Garber,

A majority of the members present
having voted in the negative, the
motion was lost.

The question being upon striking
out the proviso to the section of-
fered as a substitute to section 2 4,
it was decided in the affirmative.

Mr. Hayward moved an amendment
to allow the com.missioner of public

[June S

lands to receive an allowance for
clerk hire not exceeding one thous-
and five hundred dollars per annum.

On motion of Mr, Gere, the further
consideration of the whole subject
matter was postponed and rnade a
special order for 9:30 o'clock tomor-
row morning.

Mr. Abbott moved to adjourn un-
til 7:30 o'clock this evening.

Mr. Henry moved as an amend-
ment that the convention adjourn
until tomorrow morning at 9 o'clock.

Mr. Broady moved as further
amendment that the convention ad-
journ until 7:35 o'clock this evenint:;
which amendment was concurred in,
and the original motion as amended
prevailed.

Thereupon, at 5 o'clock and 25
minutes, the convention adjourned
until 7:35 o'clock this evening.

Evening Session

7:35 o'clock p. m.
The convention was called to or-
der by the president.
The roll was called.

PRESENT.

Abbott,

Garber,

Agur,

Gere,

Becker,

Grebe,

Boyd,

Grenell,

Broady,

Griffing,

Burtch,

Gwyer,

Clark,

Hallner,

Coates,

Hamilton,

Cummins,

Harper,

Dawes,

Harrington

Doom,

Hawley,

Dunlap,

Hayward,

Eldridge,

Henry,

Foss,

Hinman,

T-wentieth Day

C18 np:]braska constitutional conventions

Friday]

Twenty-First Day

[June 4

Kendall,-

Q V-i /-> rl ri

Laird,

Qrnif-h
oLUlLU,

McPherson,

o terns,

Manderson,

Stevenson,

^Martin,

X llUliiycjUll,

!M atthtGws,

Tliorne,

— TJ- d-A. \> vTllj

Vallerv,

Munger,

Van Wyck,

Peery,

Walther,

Pound,

Walling,

Powers,

Warrington,

Rees,

Weaver,

Rogers,

Wilcox,

Sauls,

Zediker.

Hunter,

Mr. President

PRESENT.

A.BSEXT.

Briggs,

Brown,

Calhoun,

Oarns,

Conner,

Ewan,

Frady,
Hopewell,
Kirkpatrick,
Pierce,

Robertson. — 11,

On motion of :\Ir. Weaver, the
convention resolved itself into a com-
mittee of the whole house to take
into consideration the article report-
ed by the committee on miscellaneous
subjects, with Mr. Abbott in the
chair.

After some time spent therein, the
committee arose and by its chairman
reported progress and asked leave to
sit again.

On motion, at 10:G. adjourned un-
til 9 o'clock tomorrow morning.

Tweiity-fir.st J)ay.

Lincoln, Friday, .June 4, 18 7.5.
The convention met pursuant to
adjournment and was called to order
by the president.

The roll was called and the fol-
lowing members were

Abbott,

Henry,

Agur,

Hinman,

Becker,

Hunter,

Boyd,

Kendall,

Briggs,

Kirkpatrick,

Broady,

Laird,

Brown,

McPherson,

Burtch.

Manderson,

Calhoun,

Martin,

Carns,

Matthews, ' '

Clark,

Maxwell,

Coates,

Munger,

Conner,

Peery,

Cummins,

Pierce,

Dawes,

Pound,

Doom,

Powers,

Dunlap,

Rees,

Eldridge,

Rogers, *

Ewan,

Sauls,

Foss,

Shedd,

Frady.

Smith. • N

Garber,

Sterns,

Gere,

Stevenson,

Grebe. '

Thompson,

Grenell,

Thome,

Griffing,

Vallery, ;

Gwyer,

Van Wyck, '

Hallner,

Walling,

Hamilton,

Warrington,

Harper,

Weaver,

Harrington,

Wilcox,

Plawley ,

Zediker,

Haywanl,

:Mr. President. — 66.

Hopewell,
Robertson.

ABSENT.

Walther.

Prayer by Rev. Mr. Alexander.
.Tournal read and approved.

Leave of absence was granted to
Mr. Walther.

The President announced that the
hour had arrived for tlie special order
upon the substitute to section 24 of
the article entitled Executive Depart-
ment.

CONVENTION OF 1875

619

Friday]

Twenty-First Day

[Juae 4

Thereupon the convention took un-
der consideration the special order
as aforesaid;

The question being upon the
amendment to the substitute offered
by Mr. Hayward, it was concurred in.

The question recurring upon the
substitute as amended, Mr. Doom
moved to further amend by adding
the words, "The lieutenant governor
shall receive twice the compensation
of a senator;" which amendment was
concurred in.

Mr. Weaver moved that the salary
of the secretary of state be put at
two thousand dollars instead of two
thousand five hundred; which was
concurred in,' the substitute as
amended reading as folows:

The officers named in this section
shall receive for their services a sal-
ary, and they shall not after the ex-
piration of the terms of those in of-
fice at the adoption of this constitu-
tion receive to their OM^n use any fees,
costs, interest upon public moneys in
their hands or under their control,
perquisites of office or other com-
pensation, and all fees that may
hereafter be payable by law for any
services performed by any officer pro-
vided for in this article of the con-
stitution shall be paid in advance
into the state treasury. The salary
of the governor, auditor of public
accounts, and treasurer shall be twen-
ty five hundred dollars each per an-
num. The salary of the secretary
of state, of the attorney general, of
the commissioner of public lands and
buildings, [and of the] superinten-
dent of public instruction shall be
two thousand dollars per annum
The allowance for clerk Jiire, [and]
incidental and contingent expense^

in the office of the governor, treasur-
er, secretary of state, and commission-
er of public lands and buildings shall
not exceed fifteen hundred dollars per
annum in each of said offices. The
allowance for clerk hire, [and] in-
cidental and contingent expenses in
the office of the auditor of public
accounts shall not exceed three thou-
sand dollars per annum. There shall
be no allowance for clerk hire in the
offices of the superintendent of public
instruction and attorney general,
The lieutenant governor shall receive
twice the compensation of a senator.

Mr. Rogers received leave of ab-
sence.

The question being upon the adop-
tion of the substitute as amended,
the yeas and nays being demanded,
those voting in the affirmative were

Agur,

Brown,

Burtch,

Carns,

Clark,

Coates,

Conner,

Cummins,

Doom,

Dunlap,

Ewan,

Grebe,

Griffing,

Hallner,

Hamilton,

["Mr. Presi
he is counted

Harrington,
Henry,
Hinman,
Hunter,
McPherson.
Matthews,
Peery,
Rees,
Sauls,
Thompson,
Vallery,
Van Wyck,
Wilcox,

Mr. President. — 2 8

dent" in excess here;
in the negative.— Ed. ]

Those voting in the negative were

Abbott,

Grenell,

Becker,

Gwyer,

Boyd,

Harper,

Briggs,

Hawley,

Broady,

Hayward,

Calhoun,

Kendall,

Dawes,

Kirkpatrick,

Eldridge,

Laird,

Foss,

Manderson,

Gere,

Martin,

620 XEBKASKA CONSTITUTIONAL CONM^^NTIONS

Friday]

IVenty-First Day

[June 4

Maxwell,

M linger,

Pierce,

Pound,

Powers,

Shedd,

Smith,

Sterns,

Absent,

Frady,

Garber,

Hopewell,

Stevenson,

Tliorne,

Walling,

Warrington,

Weaver,

Zediker,

Mr. President.

Robertson,
Rogers,
Walther. — 6.

—35.

A majority of the members voting
in the negative, the substitute was
lost.

The question being upon the adop-
tion of the article as amended, it
was adopted and ordered engrossed
for a third reading.

Leave of absence was granted to
Messers. Manderson and Maxwell.

On motion of Mr. Hayward, the
convention resolved itself into a com-
mittee of the whole house to take
under consideration the article on i
revenue and finance and the substi- '
tute offered therefor, with Mr. Pound
in the chair.

After some time spent therein, the
committee arose and, by its chair-
man, reported progress and asked
leave to sit again.

On motion adjourned until 2
o'clock p. m.

Afternoon Session.

Two o'clock p. m.
The convention was called to order
by the president.

The roll was called.

PRESENT.
Abbott, Agur,

Becker,

Boyd,

Briggs,

Broady,

Calhoun,

Clark,

Coates,

Conner,

Cummins,

Dawes,

Doom,

Dunlap,

Ewan,

Foss,

Garber,

Grebe,

Grenell,

Griffing,

Gwyer,

Hallner,

Hamilton,

Harper,

Harrington.

Hawley,

Hayward,

Henr3',

Hinman.

Brown,

Burtch,

Carns,

Eidridge,

Frady,

Gere,

Hopewell,

Hunter,
Kendall,
Kirkpatrick,
Liaird,
McPherson,
Martin,
Matthews,
Munger,
Peery,
Pierce,
Pound,
Powers,
Rees,
Sauls,
Smith,
Stems,
Thompson,
Thorne,
Vallery,
Van Wyck,
Walling,
Warrington,
Weaver,
W^ilcox,
Zediker,
Mr. President

—55.

ABSENT.

Manderson,

Maxwell,

Robertson,

Rogers,

Shedd,

Stevenson,

vvaither. — 14.

Mr. Gwyer, from the committee on
engrossment and enrollment, sub-
mitted the following report:

Mr. President, the committee on
enrollment and engrossment respect-
fully report that they have examined
the article entitled Railroad Corpor-
ations and find the same to be cor-
rectly engrossed.

WM. A. GWYER,

Chairman.

Thereupon the article entitled
"Railroad Corporations" was read a

CONYEXTIOX OF 1875

621

Friday]

Twenty-First Day

[June 4

third time and put upon its passage,
the question being. Shall the article
entitled "Railroad Corporations" be
adopted, those voting in the affirma-
tive were

Agur,

Becker,

Boyd,

Brown,

Burtch,

Calhoun,

Clark,

Coates,

Conner,

Cummins,

Dawes,

Doom,

Dunlap,

Ewan,

Foss,

Garber,

Grebe,

Grenell,

GrifRng,

Gwyer,

Hallner,

Hamilton,

Harper,

Harrington,

Hawley^

Hayward,

Henry,

Hunter,

Kendall,

Kirkpatrick,

Laird,

Martin,

Matthews,

McPherson,

Munger,

Peery,

Pierce,

Pound,

Powers,

Rees,^

Sauls,

Sterns,

Thompson,

Thorne,

Vallery,

Van Wyck,

Walling,

Warrington,

Weaver,

Wilcox,

Zediker,

Mr. President.

-52,

Voting in the negative were

Abbott,
Hinman,

Absent,
Briggs,
Broady,
Cams,
Eldridge,
Frady
Gere,
Hopewell,

Smith.

Manderson,

Maxwell,

Robertson,

Rogers,

Shedd,

Stevenson

Walther. — 14.

A majority of the members pres-
ent voting therefor, the article was
adopted and referred to the commit-
tee on revision and adjustment.

On motion of Mr. Boyd, the con-
vention resolved itself into a commit-

tee of the whole house for the fur-
ther consideration of the article upon
revenue and finance, with Mr. Pound
in the chair.

After some time spent therein, the
committee arose and by its chairman,
submitted the following report:

Mr. President, the convention in
committee of the whole have- had un-
der consideration the article on reve-
nue and finance, together with the
substitute for said article referred to
said committee, and report as fol-
lows:

1st. Strike out section 1- of the
original article and insert section 1
of the substitute, as follows:

Section 1. The legislature shall
provide such revenue as may be need-
ful, by levying a tax by valuation, so
that every person and corporation
shall pay a tax in proportion to the
value of his, her or its property, the
value to be ascertained in such man-
ner as the legislature shal direct,'
but it shall have power to tax ped-
dlers, auctioneers, brokers, hawkers,
commission merchants, showmen,
jugglers, innkeepers, ITquor dealers,
toll bridges, ferries, insurance, tele-
graph and express interests or busi-
ness, venders of patents, in such man-
ner as it shall direct by general law,
uniform as to the class upon which
it operates.

2nd. Insert after the w^ord per-
sonal, in second line of third section
of original article, the words, "shall
be exempt from taxation."

3d. Strike out section 4 of origin-
al article.

4th. Strike out in section 5 from
"and," in line 4 of section 5 to and
including the word expire in line 7,
of said section.

iVn NEBJiASKA (X)NSTITUTIONAL CONVENTIONS

Friday] aVenty-First Day [June 4

5th. Strike out the words "and
all taxes levied for state purposes
shall be paid into the state treasury."

6th. Strike out section 7.

7th. Strike out the words "or
otherwise" in line 3 of section 9.

8th. Strike out section 10 of or-
iginal article and insert sec. 5 of the
substitute as follows:

Private property shall not be liable
to be taken or sold for the payment
of the corporate debts of municipal
corporations. The legislature shall
not impose taxes upon municipal cor-
porations, or the inhabitants or prop-
erty thereof, for corporate purposes.

9th. Strike out the word ten, in
line 3, and insert the word eight in
lieu thereof.

10th. Strike out all after the
words "per annum," in line 3, of
section 12.

11th. By adding to section 13 as
follows: "Provided, That a party
aggrieved by the decision of the
auditor and secretary of state may
appeal to the district court."

12th. That the substitute for the
original article except sec tion (s) i
and 5 be stricken oui.

S. B. POUND,

Chairman.

Mr. Ewan received leave of ab-
sence.

Mr. Hinman moved to adjourn un-
til 7:30 this evening.

Mr. Kirkpatrick moved as an
amendment that the convention ad-
journ until tomorrow morning at 9
o'clock; which was disagreed to.

The question recurring upon the
original motion, it prevailed, and, at
6 o'clock and 8 minutes, the conven-
tion adjourned until 7:30 this even-
ing.

Kveuinji Session.

7:30 o'clock ]). m.

Convention called to order by the
president.

Roll called.

PRESENT

Abbott,

Hawley,

Becker,

Hayward,

Boyd,

Henry,

Briggs,

Hinman,

Broady,

Hunter,

Brown,

Kendall,

Burtch,

Kirkpatrick,

Calhoun,

Laird,

Cams

McPherson,

Clark,'

Martin,

Coates,

Matthews^

Conner,

-Munger,

Cummins,

Peery,

Dawes,

Pierce,

Doom,

Pound,

Dunlap,

Powers,

Fldridge,

Rees,

Foss,

Stevenson,

Prady,

Thompson,

Garber,

Vallery,

Gere,

Van Wyck,

Grebe,

Walther,

Grenell,

Walling,

Griffing,

Warrington,

Gwyer,

Weaver,

Hallner,

Wilcox,

Hamilton,

Zediker.

Harper,

Mr.President. — 60.

Harrington,

[Sauls, Smith and Sterns omit-

ed. — Ed.]

ABSENT.

Agur,

Robertson,

PCwan,

Rogers,

Hopewell, Shedd.
Manderson, Thorne. — 9.

Maxwell,

The convention resumed the con-
sideration of the unfinished business
of the afternoon session, viz: the re-
port of the committee of the whole
on revenue and finance.

The (luestion being upon the adop-
t'on of the report of the committee
of the whole, all the amendments re-
ckon] mended were concurred in.

The question being upon the adop-

CON\/ENTIOX OF 1875

623

Friday]

IVenty-First Day

[June 4

tion of the article on revenue and
finance, as amended, Mr. Conner of-
fered to amend section 1 by inserting
the words "and franchises" after the
word property, in the 3d line; which
amendment was concurred in.

Mr. Briggs moved to strike out
section 2; which was agreed to.

Mr. Broady moved to amend sec-
tion 3 by striking out the words "for
agricultural and horticultural socie-
ties," in the seventh line.

The yeas and nays being demanded,
those voting in the afiirmative were

Abbott,

Eldridge,

Becker,

ivicPherson,

Briggs,

Broady,

Stevenson, — 8.

Voting in

the negative

Boyd,

Hunter

Burtch,

Kendall,

Calhoun,

Kirkpatrick,

Cams,

Martin,

Clark,

Matthews,

Coates,

Munger,

Conner,

Pierce,

Cummins,

Pound,

Dawes,

Powers,

Doom,

Rees,

Dunlap,

Robertson,

Foss,

Sauls,

Frady,

Smith,

Garber,

Sterns,

Gere;

Thompson,

Grebe,

Thorne,

GrifRng,

Vallery,

Gwyer,

Van Wyck,

Hallner,

Walling,

Hamilton,

Warrington,

Harper,

Weaver,

Harrington,

Wilcox,

Hawley,

Zediker,

Hayward,

Mr. President. — 5 0

Hinman,

Ewan,

Grenell,

Henry,

Hopewell,

Manderson,

Maxwell,

Rogers,

Shedd,

Walther. — 11.

A majority of the members present
voting in the negative, the amend-
ment was disagreed to.

Mr. Broady moved to amend sec-r
tion 3 by striking out the last sen-
tence commencing with the word
"the" in the sixth line. The yeas
and nays being demanded, those
voting in the affirmative were

Abbott,

Becker,

Boyd,

Broady,

Burtch,

Garber,

Grebe,

Ha'rper,

Kendall,

McPherson,

Munger,

Powers,

Stevenson. — 13.

Voting in the negative

[Laird omitted. — Ed.]
Absent,
Agur, Brcwn,

1 Briggs,

Hunter,

j Calhoun,

Kirkpatrick,

Carns,

Laird,

, Clark,

Martin,

' Coates,

Matthews,

Conner,

Peery,

; Cummins,

Pierce,

Dawes,

Pound,

Doom,

Rees^

Dunlap,

Sauls,

Eldridge,

Smith,

Foss,

Sterns,

i Frady,

Thompson,

Gere

Thorne,

Griffing,

Vallery.

Gwyer,

Van Wyck,

Hallner^

Walling,

Hamilton,

Warrington,

Harrington,

Wilcox,

Hawley,

Zediker,

Hayward,

Mr. President. — 44.

Hinman,

[Robertson

is omitted. — Ed.]

Absent,

Agur,

Grenell,

Brown,

Henry,

Ewan,

Hopewell,

im NEBRASKA CONSTITUTIONAL CONVENTIONS

Friday]

Tn-enty-First Day

[•June 4

Manderson,

Maxwell,

Rogers,

Shedd,
Walther,
Weaver. — 12.

The amendment lost.

Mr. Weaver moved as a substitute
for the article under consideration
the article on revenue and finance as
contained in the present constitution,
reading as follows:

Section 1. No money shall be paid
out of the treasury, except in pursu-
ance of an appropriation by law.

Sec. 2. The credit of the state
shall never be given or bound in aid
of any individual, association, or cor-
poration.

Sec. 3. The legislature shall pro-
vide for an annual tax sufficient to
defray the estimated expenses of the ;
state for each year, and whenever i
the expenses of any year shall ex- 1
ceed the income, the legislature shall i
provide for levying a tax for the. en- |
suing year, sufficient, with other I
sources of income, to pay the deficien- ■
ey, as well as the estimated expenses ;
of such ensuing year. >

Sec. 4. For the purpose of defray-
ing extraordinary expenditures, the
state may contract public debts; but,
such debts shall never in the aggre-
gate exceed fifty thousand dollars.
Every such debt shall be authorized
by law, for some purpose or purposes ;
to be distinctly specified therein; and
the vote of a majority of all the
members elected to each house, to be
taken by yeas and nays, shall be
necessary to the passage of such i
laws; and every such law shall pro-!
vide for the levying of an annual
tax suffiicient to pay the annual in-
terest of such debt, and the principal
within ten years from the passage of
such law; and shall specially appro-
priate the proceeds of such taxes to
the payment of such principal and ;
interest; and such appropriation shall j
not be repealed, nor the taxes be!

postponed or diminished until the
principal and interest of such debts
shall have been wholly paid.

Sec. 5. The legislature may bor-
I row money to repel invasion, sup-
; press insurrection, or defend the
j state in time of w^ar; but the money
j thus raised shall be applied exclu-
I sively to the object for which the
i loan was authorized, or to the re-pay-
I ment of the debt thereby created.

Sec. 6. The state shall never con-
tract any debt for works of internal
improvement, or be a party in caT-
rying on such works; but whenever
grants of land or other property shall
have been made to the state, especial-
ly dedicated by the grant to particu-
lar works of internal improvement,
the state may carry on such partic-
ular works, and shall devote thereto
the avails of such grant and may
pledge or appropriate the revenues
derived from such work in aid of
tneir completion.

Sec. 7. The property of corpor-
ations, now existing or hereafter cre-
ated, shall forever be subject to tax-
ation, the same as the property of
individuals.

Sec. 8. The legislature shall pro-
vide for the organization of cities and
Incorporated villages by general
laws and restrict their power of
taxation, assessment, borrowing mon-
ey, contracting debts and loaning
their credits, so as to prevent the
abuse of such poAver.

Mr. Conner moved to lay the sub-
stitute on the table.

A division being demanded, ^h^.
motion was lost.

On motion of Mr. Martin, at S
o'clock and 'M minutes, the conven-
tion adjourned until tomorrow UT rji-
ing.

CONVENTION OF 1875

625

Saturday]

Twenty-Second Day

[June 5>

Tv^enty-second Blay

Lincoln, Saturday, June 5, 1875.
The convention met pursuant to
adjournment and was called to order
by the president.

The roll was called and there were

present

Abbott,

Hayward,

Agur,

Henry,

Becker,

Hinman,

Boyd,

Hunter,

Briggs,

Kendall,

Broady,

Kirkpatrick,

Brown,

Laird,

Burtch,

Martin,

Calhoun,

McPherson,

Cams,

Matthews,

Clark,

Hunger,

Coates,

Peery,

Conner,

Pierce,

Cummins,

Pound,

Dawes,

Powers,

Doom,

Rees

Dunlap,

Robertson,

Eldridge,

Sauls,

Poss,

Smith,

Frady,

Sterns,

Grarber,

Stevenson,

Gere,

Thompson,

Grebe,

Thorne,

Grenell,

Vallery,

Griffing,

Van Wyck,

Gwyer,

Walling,

Hallner,

Warrington,

Hamilton,

Weaver,

Harper

Wilcox,

Harrington,

Zediker,

Hawiey,

Mr.President

ABSENT.

Ewan,

Rogers,

Hopewell,

Shedd,

Manderson,

Walther. — 7.

Maxwell,

business of the previous day, viz:
the consideration of the substitute
offered by Mr. Weaver to the article
reported by the committee on revenue
and finance.

Mr. Conner moved to postpone the
further consideration of the whole
subject matter until Tuesday at 9:30
a. ni.; which was agreed to.

Messrs. Boyd and Brown received
leave of absence.

Mr. Pierce moved to adjourn un-
til Monday at 3:30 p. m.; which was
oisagreed to.

Messrs. Carns, Burtch, Kirkpat-
rick, Briggs, Hunger, Pierce, and
Broady received leave of absence.

Mr. Abbott moved that the con-
vention adjourn until 3 o'clock p. m.
on Monday.

The yeas and nays being demand-
ed, those voting in the affirmative

-62.

Prayer by Rev. Mr. Alexander.

Journal read and approved.

The president announced as the
business first in order the unfinished

were

Abbott,

Kendall,

Becker,

Hunger,

Boyd,

Pierce,

1 Briggs,

Rees,

Brown,

Robertson,

Burtch,

Shedd,

Calhoun,

Stevenson,

Eldridge,

Thorne,

Harper,

Mr.President

Hawley,

Voting in the negative

Agur,

Prady,

Carns,

Garber,

Clark,

Gere,

Coates,

Grebe,

Conner,

Grenell,

Cummins,

Grifl[ing,

Dawes,

Gwyer,

Doom,

Hallner,

Dunlap,

Hamilton,

1 Poss,

Harrington,

19,

XI^: BR ASK A CONSTITUTIONAL CON\^ENTIONS

Saturday]

Twenty-Second Day

[June 5

Powers,

Sauls,

Smith,

Sterns,

Thompson,

Yallery,

Walling,

Warrington,

W^eaver,

Wilcox,

Zediker. — 42.

Maxwell,
Rogers,
A'an Wyck,
Walther. — 8.

Hay ward,
Henry,
Hinman,
Hunter,
Kirkpatrick,
Laird,
Martin,
Matthews,
McPherson,
Peery,
Pound,

Absent,

Broady,
Ewan,
Hopewell,
Manderson,

A majority of the members present
voting in the negative, the motion
to adjourn was disagreed to.

:sir. Thorne was granted leave of
absence.

The question recurring upon the
^article on miscellaneous subjects, Mr.
Hayward m.oved that the first section
'be recommitted to the committee on
miscellaneous subjects; w^hich was
agreed to.

On motion of Mr. Doom, the con-
Yention resolved itself into a com-
mittee of the whole house to take
under consideration the article on
miscellaneous subjects, except section
1 of the same, with Mr. Abbott in
the chair.

After some time spent therein, the
committee arose and by its chairman
submitted the following report:

Mr. President, the convention in
the committee of the whole have had
under consideration the article on
miscellaneous provisions, except sec-
tion 1 and report the same back
with the following amendments.

1st. Strike out from the word thai
in the sixth line of second section to

and including the word office in the
9th line and insert the following:
'That at the election at which I was
chosen to fill said office I have not
improperly influenced in any way the
vote of my electors."

2d. Strike out from "this oath,"
in line 13 of section 2, down to and
including the word same, in line 14
of said section.

O. A. ABBOTT,

Chairman.

The question being upon the adop-
tion of the amendments recommend-
ed by the committee of the whole, the
firsi and second amendments were
concurred in.

Mr. Laird
section 5.

moved to strike out

The yeas and nays were demanded.
Those voting were

AFFIRMATIVE

Eldridge,

Grenell,

Gwyer,

Harper,

Kendall,

Laird,

Abbott.

Agur,

Broadv,

Clark,

Coates,

Conner,

Dawes,

Doom,

Dunlap,

Frady,

Gere,

Grebe,

Griffing,

Hallner,

Hamilton,

Harrington,

Hawley,

Hayward,

Powers,
Rees,

Robertson,
Sterns.
Warrington,
Mr. President

— 12.

NEGATIVE

Henry,

Hinman,

Hunter,

Kirkpatrick,

Martin,

McPherson,

Matthews,

Peery.

Pound,

Sauls,

Stevenson,

Thompson,

Thorne.

Vallerv.

Walling,

Weaver,

Wilcox,

Zediker.— n 7

[Smith omitted.— Ed.]

CONVENTION OF 1875

627

Saturday]

Twenty-Second Day

[June 5

Absent,
Becker,
Boyd,
Briggs,
Brown,
Burtch,
Calhoun,
earns,
Cummins,
Ewan,
Poss,

Garber,

Hopewell,

Manderson,

Maxwell,

Munger,

Pierce,

Rogers,

Shedd,

Van Wyck,

Walther. — 20.

A majority of the members present
voting in the negative, the motion to
strike out section 5 was decided in
the negative.

The question being upon the adop-
tion of the article except section one
thereof, it was adopted and ordered
engrossed for a third reading.

Mr. Gwyer, from the committee on
engrossment and enrollment, sub-
mitted the following report.

Mr, President, the committee on
enrollment and engrossment respect-
fully report that they have examined
the article entitled Executive Depart-
ment and find the same to be correct-
ly engrossed.

WILLIAM A

The article entitled
partment having been
rectly engrossed, was
time. ■

GWYER,

Chairman.
Executive De-
reported cor-
read a third

The question being, shall the ar-
ticle entitled Executive Department
be adopted, those voting in the affir-
mative were ■

Abbott,

Agur,

Broady,

Conner,

Cummins,

Dawes,

Dunlap,

Grebe,

Grenell,

Griffing,

Gwyer,

Hallner,

Hamilton,

Harper,

Harrington,

Ha wiey,

Hayward,

Hinman,

Hunter,
Kendall,
Laird,
Martin,
McPherson,
Matthews,
Pound,
Rees,

Robertson,
Sauls,
Smith,

(Clark, Frady,
omitted. — Ed.]

Voting in the negative were
Coates,

Sterns,
Stevenson,
Thompson,
Thorne,
Vallery,
Walling,
Warrington,
Weaver,
Wilcox,
Zedik«r,

Mr. President. — 44.
Barber, Gere)

Kirkpatrick,
Peery,
Powers. — 6.

Doom,
Henry,
Absent,

Becker, Hopewell, ^

Boyd, Manderson,
Briggs, Maxwell,
Brown, Munger,
Burtch, Pierce,
Calhoun, Rogers,
earns, Shedd,
Eldridge, Van Wyck,

Ewan, Walther. — 19.

Foss,

A majority of the members of the
convention voting therefor, the ar-
ticle was adopted and referred to the
committee on Revision and Adjust-
ment.

On motion at 12 o'clock the con-
vention was adjourned until 2 o'clock
p. m.

Afternoon Session.

Two o'clock p. m.
The convention was called to or-
der by the president.
The roll was called.

Abbott,

Agur,

Broady,

Clark,

Coates,

Conner,

PRESENT.

Cummins,

Dawes,

Doom,

Dunlap,

Eldridge,

Foss,

()28 NEBRABKA CONSTITUTIONAL CONVENTIONS

Saturday]

T-wenty-Second Day

[June 5

McPherson,

Matthews,

Peery,

Powers,

Rees,

Robertson,

Sauls,

Smith,

Sterns,

Thompson,

Thorne,

Vallery;

Walling,

Warrington,

Weaver,

Wilcox,

Zediker,

Mr, President.

-48.

ABSENT.

Frady,

Garber,

Gere,

Grebe,

Grenell,

Griffing,

Hallner,

Hamilton,

Harper,

Harrington,

Hawley,

Hayward,

Henry,

Hinman,

Hunter,

Kendall,

Laird,

Martin,

Becker,

Boyd,

Rriggs,

Brown,

Burtch,

Calhoun,

Cams,

Ewan,

Gwyer,

Hopewell,

Kirkpatrick,

Messrs. Kendall and Hallner re-
ceived leave of absence.

Mr. Conner offered the following
resolution ; which was adopted.

RESOLVED, That the committee
on miscellaneous provisions be re-
spectfully but earnestly requested to
report back to this convention on
Monday next the report referred to it.

On motion, the convention resolved
itself into a committee of the whole
house on the article entitled Inci-
dental Expenses, etc., with Mr. Rees
in the chair.

After some time spent therein, the
committee arose, and by its chairman
submitted the following report:

Manderson,

Maxwell,

Munger,

Pierce,

Pound.

Rogers,

Shedd,

Stevenson,

Van Wyck,

W^alther. — 21.

Mr. President, the convention in
the committee of the whole have had
under consideration the article upon
incidental expenses of state officers,
with the legislative article, and re-
port the same back with the follow-
ing section which they recommend
be incorporated in the constitution.

Sec. — . No allowance shall be
made for the incidental expenses of
any state officer except the same be
made by general appropriation, and
upon an itemized account specifying
each item.

And your committee asks leave to
sit again upon the legislative article.

The question being upon the adop-
tion of the report of the committee
of the whole house, the amendment
recommended was concurred in.

On motion of Mr. Hayward, the
convention resolved itself into a com-
mittee of the whole house on state,
county and municipal indebtedness,
and the first section of the article on
internal improvements, with Mr.
Martin in the chair.

After some time spent therein, the
committee arose and by its chairman
submitted the following report:

Mr. President, the convention, in
committee of the whole," have had un-
der consideration the article on state,
county and municipal indebtedness
and report the same back with
amendments as follows:

1st. Strike out the word fifty, in
line 2 of section 1, and insert one
hundred.

2d. Strike out from the words
"for the payment," in line 4 of sec-
tion 1, down to and including the
word same, in line 9 of section 1.

P>d. Strike out the words "at the
time," in line 9 of section 1.

CONVENTION OF 1875 629

Twenty-Second Day [June 5

Saturday]

4th. Strike out all after the word
paid, in line 12 of section 1.

5th. Strike out section 2.

6th. Strike out section 3.

7th. Strike out section 4.

8th. Strike out section 5 and in-
sert the following:

No city, county, town, precinct,
municipality, or other subdivision of
the state shall ever make donations
to any railroad or other work of in-
ternal improvement unless a prop-
Dsition so to do shall have been first
submitted to the qualified electors
thereof at an election by authority
3f law: PROVIDED, That such do-
nations of a county with such sub-
iivisions in the aggregate shall not
exceed ten per cent of the assessed
v^aluation of such county. Provided,
further, that any city or county may
by a two-third vote increase such
indebtedness five per cent in addi-
tion to such ten per cent.

And no bonds or evidence of in-
iebtedness so issued shall be valid
unless the same shall have endorsed
thereon a certificate signed by the
secretary knd auditor of state show-
ing that the same is issued pur-
suant to law.

The committee of the whole have
also had under consideration sec-
tion 1 of the article on internal im-
provements and report the same back
with the following substitute there-
for and recommend its adoption.

Sec. — . The credit of the state
shall never be given or bound in aid
Df any individual, association or cor-
poration.

FRANK MARTIN,

Chairman.

The question being upon the re-
port of the committee of the whole,
Mr. Laird moved that the further
consideration of the whole subject
matter be postponed until Tuesday
at 10 o'clock a. m.; which was agreed
to.

On motion of Mr. Agur, the con-
vention resolved itself into the com-
mittee of the whole house to take
under consideration the article on
state, counties, and county boundaries
with Mr. Hinman in the chair.

After some time spent therein, the
committee arose and by its chairman
submitted the following report:

Mr. President, the convention in
committee of the whole have had un-
der consideration the article on coun-
ties with the report of the committee
on state, counties, and county bound-
aries recommending amendments to
said article and recommend that the
first amendment of said committee
be concurred in as follows:

Ist. Strike out after the word
determine, in line 3 of sec. 6, down
to and including the word provide,
in line 7.

The committee further rcommend
the following amendments to said
article:

1st. Strike out all of section 6 af-
ter the word law, in section 10.

2d. Add the following new sec-
tion:

Sec. 6. Contiguous parts of two
counties where each of such counties
exceed [s] eight hundred square
miles may be organized by the legis-
lature into a new county upon a
petition of two-thirds of the legal
voters of such parts, without sub-
mitting the question to a vote of the
people of the counties. Hawley.

And the committee of the whole
report back the additional sections
proposed by said committee with the
recommendation that they be not
concurred in.

B. I. HINMAN,

Chairman.

Mr. Warring [Walling or Warring-
ton?] moved that the convention ad-

630 NEBRASKA CONSTITUTIONAL CONVENTIONS

Monday] Twenty-Third Day [Jud*

journ; which was disagreed to.

On motion of Mr, Hayward, the
convention adjourned until 7:30
o'clock this evening.

Evening Session.

7:30 o'clock p. m.
Convention called to order by the

president.

Roll called.

PRESENT.

Abbott,

Hawley,

Broady,

Hayward,

Clark,

Hunter,

Cummins,

Laird,

Dawes,

McPherson,

Doom,

Peery,

Dunlap,

Powers,

Garber,

Rees,

Gere,

Sauls,

Grebe,

Smith,

GrifRng,

Sterns,

Gwyer,

Stevenson,

Hamilton,

Thompson,

Harper,

Wilcox,

Harrington,

Mr. President.

— 30,

ABSENT.

Agur,

Hopewell,

Becker,

Kendall,

Boyd,

Martin,

Briggs.

Matthews,

Brown,

Munger,

Burtch,

Pierce,

Calhoun,

Pound.

Cams,

Robertson,

Coates,

Rogers,

Conner,

Shedd,

Bldridge,

Thorne,

Ewan,

Vallery

Foss,

Van Wyck,

Frady,

Walther,

Grenell,

Walling,

Hallner,

Warrington,

Henr>'^

Weaver,

Hinman,

Zediker.— 39.

[ Kirkpatrick,

Manderson,

well omitted. —

Ed.]

There not being a quorum present,

on motion, the convention adjo\irne(
until Monday at 9 o'clock a. m.

TWENTY-THIRD DAY

Lincoln, Monday, June 7th, 1875
The convention met pursuant t<

adjournment and was called to ordei

by the president.

The roll was called.

PRESENT.

Abbott,

Hayward,

Agur,

H^enry ,

Broady,

Hinman,

Clark,

Hunter,

Coates,

Laird,

Conner,

Martin,

Cummins,

McPherson,

Dawes,

Peery^

Doom,

Pound,

Dunlap,

Powers,

Eldridge,

Rees,

Frady,

Sauls,

Garber,

Smith,

Gere,

Sterns,

Grebe.

Stevenson,

tjrrenei I,

1 nompson.

GrifRng,

Vallery,

Gwyer,

Walling,

Hallner,

Warrington,

Hamilton,

Weaver,

Harper,

Wilcox,

Harrington,

Zediker,

Hawley,

Mr. President. — 4

ABSENT.

Becker,

Manderson,

Boyd,

Matthews,

Briggs,

Maxwell,

Brown,

Munger,

Burtch,

Pierce,

Calhoun,

Robertson,

Carns,

Rogers,

Ewan,

Shedd,

Foss,

Thorne.

Hopewell.

Van Wyck,

Kendall,

Walther.— 23.

Kirkpatrick.

Prayer by

liev. Mr. Davis.

Journal read and approved as oo

rected.

CONVENTION OF 1875

631

Monday]

TAventy-Third Day

[June 7

The president stated that the first
business in order was the unfinished
business of Saturday, viz: the further
consideration of the article on coun-
ties.

The question being upon the adop-
tion of the amendments recommended
by the committee of the whole, the
first arid second amendments were
concurred in.

The third amendment being under
consideration, Mr. Warrington offered
the following substitute:

PROVIDED, That parts of two
counties heretofore existing as a
county may be divided by the legis-
lature upon a petition of two-thirds
3f the legal voters of said parts with-
out submitting the same to a vote
3f the people; which substitute was
^ejected.

Mr. Doom offered the following
substitute to the third amendment
-ecommended by the committee of
;he whole house.

Sec. 6. Contiguous parts of two
bounties where each of such counties
exceed eight hundred square miles
nay be organized by the legislature
nto a new county, upon the petition
)f two-thirds of the legal voters of
juch parts, the correctness of such
)etitions to be verified by the certifi-
;ate of the county clerks of the re-
ipective counties.

PROVIDED, That the organization
)f such new county shall not take
effect until submitted to and ratified
)y a majority of the legal voters re-
dding within the limits of the pro-
)Osed county.

PROVIDED, further, that no coun-
y shall be reduced by such division
o a less area than four hundred miles
exclusive of Indian or other govern-
nent reservations.

Mr, Robertson moved to strike out
the word verified and insert in lieu
thereof the word certified.

The question recurring upon the
adoption of the substitute offered by
Mr. Doom, it was rejected.

The question being upon recom-
mendation of the committee of the
wnole to add a new section to said
article, it was rejected.

The recommendation of the com-
mittee of the whole relative to addi-
tional sections proposed by the com-
mittee on state, counties and county
Boundaries was concurred in.

The question being upon the adop-
tion of the article as amended, Mr.
Hawley moved to strike out section
2.

The yeas and nays being demanded,
those voting in the aflSmative [were]

Broady,

Conner,

Dunlap,

Garber,

Grebe,

Grenell,

Griflftng,

Gwyer,

Harper,

Hawley,

Negative,

Agur,

Carns,

Cummins,

Dawes,

Doom,,

Eldridge,

Prady,

Hallner,

Hamilton,

Harrington,

Hayward,

Hlnman,

Kirkpatrick,

Henry,

Hunter,

Laird,

Martin,

Powers,

Sauls,

Sterns,

Thompson,

Weaver,

Zediker.— 20.

Matthews,
Peery,
Pound,
Rees,

Robertson,

Smith,

Sterns,

Vallery,

Walling,

Warrington,

Wilcox,

Mr.President.

■25,

632 NEBRASKA CONSTITUTIONAL CONVENTIONS

Monday] T^Tenty-lTiird Day [June

Absent,
Abbott,
Becker,
Boyd,
Briggs,
Brown,
Burtch,
Calhoun,
Clark,
Ewan,
Foss,
Gere,
Hopewell,

Kendall,

Manderson,

Maxwell,

McPherson,

Hunger,

Pierce,

Rogers,

Shedd,

Stevenson,

Thorne,

Van Wyck,

Walther. — 24.

A majority of the members pres-
ent voting in the negative, the mo-
tion to strike out section 2 was lost.

Mr. Henry moved to amend sec-
tion 3 by striking out the word peti-
tion and insert in lieu thereof the
word vote; which was disagreed to.

On motion, the article was adopted
as amended and ordered engrossed
for a third reading.

Mr. Gwyer, from the committee on
engrossment and enrollment, sub-
mitted the following report:

Mr. President, the committee on
enrollment and engrossment respect-
fully report that they have examined
the article entitled Incidental Ex-
penses and find the same to be cor-
rectly engrossed.

NVM. A. GWYER,

Chairman.

The article entitled Incidental Ex-
penses having been reported as being
correctly engross [ed], was read a
third time and put upon its passage.

The question being. Shall the ar-
ticle entitled Incidental Expenses be
adoipted, those voting in the attlrma-
tive were

Agur,
Broady,

Cams,
Coates,

Conner,

Laird,

Cummins,

Martin,

Dawes,

Matthews,

Doom,

Peery,

Dunlap,

Pound,

Eldridge,

Powers,

Frady,

Rees,

Garber,

Robertson,

Grebe,

Sauls,

Grenell,

Smith,

GrifRng,

Sterns,

Gwyer,

Thompson,

Hallner,

Vallery,

Hamilton,

Walling,

Harrington,

Warrington,

Hayward,

Weaver,

Henry,

Wilcox,

Hinman,

Zediker,

Hunter.

Mr. President

Kirkpatrick,

Voting in the negative.
Harper. — -1.

Absent,

Abbott,

Becker,

Boyd,

Briggs,

Brown,

Burtch,

Calhoun,

Clark,

Ewan,

Foss,

Gere,

Hawley,

Hopewell.

Kendall,

McPherson,

Manderson,

Maxwell,

Munger,

Pierce,

Rogers,

Shedd,

Stevenson,

Thorne,

Van Wyck,

Walther. — 25.

A majority of the members of th(
convention voting therefor, the articl(
was adopted and referred to the com
mittee on revision and adjective
[adjustment?] .

On motion of Mr. Weaver, the con^
vention resolved itself into a com
mittee of the whole house on the fir
tide reported by the committee or
Education, with Mr. Abbott in tht
chair.

COmTl]NTION OF 1875

633

Monday]

Twenty-Third Day

[Juae 7

After some time spent therein, tlio
committee arose and by its chairman
reported progress and asked leave to
sit again.

Mr. Conner offered the following res-
olution, which was adopted.

RESOLVED, T^at the secretary
of this convention be requested to
wait upon the state printers and
learn when the reports of the com-
mittees on the legislative article and
legislative apportionlhent will be
'printed; or if the same are now
printed, that said articles be laid up-
on the table of each member by the
hour of 2 o'clock p. m., this after-
noon.

CONNER.
On motion the convention adjourn-
ed until two o'clock this p. m.

Afternoon Session.

Two o'clock ip. m.
The convention was called to order
by the president.

The roll was called and there were
PRESENT.

Abbott,

Gwyer,

Agur,

Hallner,

Broady,

Hamilton,

Calhoun,

Harper,

Cams,

Harrington,

Clark,

Hawley,

Coates,

Hayward,

Conner,

Henry,

Cummins,

Hinman,

Dawes,

Hunter,

Doom,

Kendall, ^

Dunlap,

Kirkpatrick,

Bldridge,

McPherson,

Foss,

Martin,

Frady,

Matthews,

Garber,

Munger,

Gere, .

Peery,

Grebe,

Pound,

Grenell,

Powers,

Griffing,

Rees,

Sauls,

Smith,

Sterns,

Stevenson,

Thompson,

Thorne,

Vallery,

Van Wyck,

Walling,

Warrington,

Weaver,

Wilcox,

Zediker,

Mr.President.-

55.

[Laird omitted. — Ed.]
ABSENT.

Becker, Manderson,

Boyd, Maxwell,

Briggs, Fierce,

Brown, Robertson,

Burtch, Rogers,

Ewan, Shedd,

Hopewell, Walther. — 14.

On motion of Mr. Martin, the con-
vention resolved itself into a com-
mittee of the whole house for the fur-
ther consideration of the article on
iducation with Mr. Abbott in the
chair.

After some time spent therein, the
committee arose and by its chairman
submitted the following report:

Mr. President, the convention, in
committee of the whole, have had
under consideration the article upon
education and would respectfully re-
port the following amendments
thereto:

1st. Insert the word governor,
in line 1st of section 1, before the
word[s] "secretary of state."
. 2d. Strike out all words after the
word applied, in the fifth line of sec-
tion 4, except the words "to the sup-
•port and maintenance of coinmon
schools in each school district in the
state."

3d. By adding to section 8 the
following words: "nor less than its
appraised value."

4th. By adding the following
words after the word undiminished:
"No school funds shall be invested
or loaned except on United States or

im NP^BRASKA CONSTITUTIONAL ( H )NVENTIONS

Moiidliy]

Tweuty-Third Day

[June

state securities," in line 4 of section
9.

5th. Strike out section 12

O. A. ABBOTT,

Chairman.

The question being upon the adop-
tion of the report of tlie committee
of the whole, the first, second, and
third amendments, as recommended,
were concurred in.

The question being on the fourth
amendment, as recommended by the
committee of the whole house, Mr.
Zediker moved to amend section 9
by inserting after "state securities"
the words "registered county bonds
of this state;" which agreed to and
the fourth amendment, as amended,
was concurred in.

The question being upon the strik-
ing out of section 12, as recommended '
by the committee of the whole, the i
yeas and nays were demanded.

Those voting in the affirmative were ;

Walling,

Warrington,

Weaver,

Wilcox,

Zediker,

Mr. President.

Manderson,

Maxwell,

Munger,

Pierce,

Robertson,

Rogers,

Shedd,

Walther.— 16.

Broady,

Eldridge,

Grenell,

Griffing,

Henry,

Hinman,

Hunter,

Matthews,

McPherson,

Peery.

Stevenson,

Thompson. -

12.

Voting in the negative were

Abbott,

Agur,

Calhoun,

Cams,

Clark.

Conne'r,

Cummins,

Dawes,

Doom,

Dunlap,

Foss,

Frady,

Garber,

Gere,

Grebe,

Gwyer,

Hallner,

Hamilton,

Harper,

Harrington,

Haw ley,

Hayward,

Kendall,

Kirkpatrick,

Laird,

Martin,

Pound,

Powers,

' Rees,
; Sauls,
■ Smith,

Sterns,

Thorne,
I Vallery,
: Van Wyck,

I Absent,

\ Becker,
I Boyd,
I Briggs,
; Brown,
I Burtch,
! Coates,
I Ewan,
I Hopewell,

A majority of the convention hav
ing voted in the negative, the recom
mendation of the committee of th(
whole was rejected.

Mv. Abbott moved to strike ou
section two.

A division being called for, th(
motion to strike out was disagreec
to.

Mr. Hayward moved to reconsidei
the vote adopting the amendments
to section nine.

The yeas and nays being demand-
ed, those voting in the affirmative
were

Agur,

Broady,

Calhoun,

Doom,

Dunlap,

Grenell,

Hayward,

Henry,

Hinman,

Kirkpatrick.

[Cams omitted

Munger,

Peery,

Pierce,

Pound,

Rees,

Smith.

Stevenson,

Thompson,

Van Wyck,

Wilcox. — 21

.—Ed.]

Voting in the negative

Abbott,
Becker.
Clark,

Conner,

Cummins,

Dawes,

CONVENTION OF 1875

G35

Monday ]

Twenty-Third Day

[June 7

Eldridge,

Foss,

Frady,

Garber,

Gere,

Grebe,

Griffing,

Gwyer,

Hallner,

Elamilton,

Harper,

Harrington,

Hawley,

Hunter,

Kendall,

Laird,

Absent,

Boyd,

Briggs,

Brown,

Burtch,

Coates,

Ewan,

Martin,

Matthews,

McPherson,

Powers,

Robertson,

Sauls,

Shedd,

Sterns,

Thorne,

Vallery,

Walling,

Warrington,

Weaver,

Zediker,

Mr. President.

Hopewell,
Manderson,
Maxwell,
Rogers,
Walther. — 11.

37.

A majority of the members voting
in the negative, the motion to recon-
sider was disagreed to.

Mr. Hinman moved to amend sec-
tion twelve by striking out of the
first and second lines the words
"school or schools" and insert the
words "house of reformation;" also,
strike out all after the word who
in the third line and add "convicted
of crimes or misdemeanors;" which
motion was agreed to and the amend-
ment concurred in.

Mr. Van Wyck offered the follow-
ing substitute to section 12.

The legislature may provide foi*
the establishment by cities or coun-
ties of schools for the safekeeping,
education, employment and reforma-
tion of all children under the age of
sixteen years who for want of proper
parental care or other causes are
growing up in mendicancy, ignorance,
idleness or vice.

The motion to adopt the foregoing
amendment was disagreed to.

Section
adopted.

12, as amended, was

The question being upon the adop-
tion of the article as amended, Mr.
Doom moved to reconsider the vote
by which section 12 was adopted.
A division being Called for, the mo-
tion was decided in the affirmative.

The question being upon the adop-
tion of section 12, Mr. Smith moved
to strike out section 12. The presi-
dent ruled the motion out of order.

Mr. Rees moved to reconsider the
vote by which the amte..Jment of-
rered by Mr. Hinman was adopted;
which was agreed to.

The question recurring upon th-e
adoption of the amendment offered
by Mr. Hinman, it was decided in the
negative.

The question being upon the adop-
tion of the original section, by unan-
imous consent Mr. Laird moved to
amend by striking out the words
"ignorance, idleness or vice" and in-
sert the words "or crime." Concur-
red in.

The question being on the adop-
tion of section 12, as amended, Uie-
yeas and nays were demanded.

' Voting in the affirmative,
Abbott, Cummans,

Agur,

Boyd,

Broady,

Calhoun,

Cams,

Coates,

Conner,

Dawes,

Doom,

Dunlap,

Foss,

Frady,

Gere,

Grebe,

636 NEBEASKA CONSTITUTIONAL CONVENTIONS

Tuesday] Twenty-Fourth Day . [June 8

Gwyer,

Hallner,

Hamilton,

Harper,

Harrington,

Hayward,

Henry,

Kirkpatrick,

Laird,

McPherson,

M»anderson,

Matthews,

Maxwell.

Munger,
Pierce,
Pound,
Rees,

Robertson,

Sauls,

Shedd,

Thorne,

Wialling,

Weaver,

Wilcox,

Z^ediker,

Mr. President.

-42.

Voting in the negative.

Becker,

Burtch,

Clark,

Eldridge,

Grenell,

GrifRng,

Hawley,

Hinman,

Hunter,

Kendall,

Martin,

Absent,

Peejv^
Powers,
Smith,
Sterns,
Stevenson,
Thompson,
'Vallery,
Van Wyck,
■Warrington.

-19.
[20]

Hopewell,
Rogers,
Walther. — 7

Briggs,
Brown,
Ewan,
Garber,

A majority of the members voting
therefor, section ] 2 was adopted
as amended.

The article as amended was adopt-
ed and ordered engrossed for a third
reading^

Mr. Hayward moved to reconsider
the vote by which the article on
miscellaneous subjects was ordered
engrossed for a third reading.

A motion being called for, the mo-
tion was disagreed to.

Mr. Rees moved to suspend the
rules requiring all printed articles to
be in the desk for twenty-four hours
before being acting upon in order to

take action upon the legislative arti-
cle; which was agreed to.

On motion of Mr. Rees, the conven-
tion resolved itself into a committee
of the whole house upon the consider-
ation of the article reported by the
legislative committee, with Mr. Van
Wyck in the chair.

After some time spent therein, the
committee arose and by its chairman
reported progress and asked leave to
sit again.

Mr. Pound moved to adjourn until
7:30 this evening.

Mr. Calhoun moved as an amend-
ment that the convention adjourn
until 9 o'clock tomorrow morning;
which amendment was agreed to and
the convention a;djourned until 9
o'clock tomorrow morning.

Twenty-fourth Day.

Lincoln, Tuesday, June 8, 1875
The convention met pursuant to
adjournment and was called to or-
der by the president.

The roll was called, and there were

PRESENT

Abbott,

Agur,

Becker,

Boyd,

B ready,

Brown,

Burtch,

Calhoun,

Carns,

Clark,

Coates,

Conner,

Cummins,

Dawes,

Doom,

Dunlap,

Eldridge,

Foss,

Frady,

Garber,

Gere,

Grebe,

Grenell,

Griffing,

Gwyer,

H'a liner,

Hamilton,

Harper,

Harrington,

]Iawley,

CONVENTION OF 1875 637

Twenty-Fourth Day [June 8

Tuesday]

Hayward,

Rees,

Henry,

Robertson,

Hinman,

Hunter,

QViorlrl

xvenQaii,

Qm nth

Kirkpatrick.

oterns,

Laird,

Stevenson,

McPherson,

Thompson,

IVTia Ti d priori

Thorne,

Martin,

Vallery,

Matthews,

Van Wyck,

Maxwell,

Walling,

Munger,

Warrington,

P'eery,

Weaver,

Pierce,

Wilcox,

Pound,

Zediker,

Powers,

Mr. President

ABSENT.

Briggs, Rogers,
Ewan, Walther. — 5.

Hopewell,

Prayer by Rev. Mr. Alexander,
Journal read and approved.
Mr. Robertson, from the committee
on miscellaneous corporations, re-
ported the" following article amend-
atory to the constitution:

[Article not supplied. — Ed.]
The foregoing article was read
the first time.

On motion of Mr. Robertson, the
rules were suspended, two-thirds of
the members voting therefor, and the
article was read a second time by its
title, ordered not printed, and re-
ferred to the committee of the whole
house.

The president announced the hour
for the special order on the article
reported by the committee on reven-
ue and finance.

On motion of Mr. Abbott, the spec-
ial order was deferred and the con-
vention resolved itself into a com-

mittee of the whole house for the fur-
ther consideration of the legislative
article, with Mr. Van Wyck in the
chair.

After some time spent therein,
the committee arose and by its chair-
man submitted the following report.

Mr. President, the convention in
committee of the whole have had
under consideration the article on
"Legislation" [Legislature],

l.st. By amending sec. 4 to read
as follows:

Sec. 4. Bach member of the leg-
islature shall receive for his services
three dollars for each day's attend-
ance during the session, and ten cents
for every mile he shall travel in going
to and returning from the place of
meeting of the legislature, on the
most usual route: PROVIDED,
HOWEVER, That they shall not re-
ceive pay for more than forty days,
at any one session,

2d. Strike out the words "or from
the legislature," in line 2 of sectioA
13,

3d. Strike out section 21.

4th. Strike out all after the word
direct, in line 4 of section 26, and
insert as follows: "All laws shall be
published in book form within sixty
days after the adjournment of each
session of the legislature and distrib-
uted among the several counties in.
such manner as the legislature may
provide."

5th, Strike out all after the word
state, in line 2 of sec, 19.

6th. Annul section 3 by adding
thereto: "The sessions of the legisla-
ture shall be biennial except as other-
wise provided in this constitution."

7th, Insert between lines 16 and
17, of sec. 15, the following words:
providing for the bonding of cities.

G:\S NEBlxWSKA CONSTITUTIONAL CONVENTIONS

Tueskday]

Twenty-Fourth Day

[June 8

towns, precincts, school districts, and
other municipalities.

C. H. VAN WYCK,

Chairman.

On motion of Mr. Hayward the
convention adjourned until 2 o'clock
p. m.

Afternoosii Session-
The convention was called to order
by the president.

Two o'clock p. m.
The roll was called.

PRESENT.

Abbott,

Henry,

Hinman,

Becker,

Hunter,

Boyd,

Kendall,

Brown,

Kirkpatrick,

Broady,

Laird,

Burtch,

McPherson,

Calhoun,

XVidllClt!! n\JH,

Cams,

Miirtin,

L/iarK,

Coates,

iVLiaxwell,

Conner,

Hunger,

Cummins,

Peery,

Dawes,

Pound,

Doom,

Powers,

Dunlap,

Rees,

Eldridge,

Sauls.

Ewan,

Shedd,

Foss,

Smith,

Frady,

Sterns,

Garber,

Stevenson,

Gere,

Thompson,

Grebe,

Vallery,

Grenell,

Van Wyck,

Griffing,

Walther,

Gwyer,

Walling,

Hallner,

Warrington,

Hamilton,

Weaver,

Harper,

Wilcox,

Hawley,

Zediker,

Hayward,

Mr.President. — 62

ABSENT.

Briggs,

Robertson,

Harrington,

Rogers,

Hopewell,

Thorne. — 7.

Pierce,

The president announced the busi-
ness in order is the unfinished busi-
ness of the forenoon, viz: the con-
sideration of the report of the com-
mittee of the whole house upon the
article reported by thte legislative
committee.

The question being upon the adop-
tion of the report of the committee
of the whole house, the first, second,
third, fourth, fifth, and sixth amend-
ments recommended by the commit-
tee of the whole house, were concur-
red in.

The question being upon the adop-
tion of the seventh amendment, a
division was called for and it was
concurred in.

The question being upon the adop-
tion of the article, as amended by
the committee of the whole house,
Mr. Boyd moved to amend section
3 by striking out the word eighty-
four and inserting the word seventy-
five.

The yeas and nays being demand-
ed,- those voting in the atfirmative
[were]

Abbott.

Boyd,

Broady,

Brown,

Burtch,

Ewan,

Grebe,

Cxrenell,

Hallner.

Kirkpatrick.

M'anderson.

Agur.
Becker,
Calhoun,
Carns.

Martin,

Maxwell,

Munger,

Peery,

Pierce,

Pound,

Rees.

Shedd,

Thompson.

Vallery.— 2 1

NEGATIVE.

Clark,

Coates.
Conner.
Cum mins.

CONVENTION OF 1875

639

Tuesday]

Dawes,

McPlierson,

Doom,

Matthews,

Dunlia'p,

Powers,

Eldridge,

Robertson,

Foss,

Sauls,

Frad.y,

Smith,

Garber,

Sterns,

Griffiing,

Stevenson,

Harper,

Van Wyck.

Hawley,

Walther,

Hayward,

Walling,

Henry,

Warrington,

Hinman,

- Weaver,

Hunter,

Wilcox,

Kendall,

Zediker,

Ijaird,

Mir. President

ABSENT.

Briggs,

Harrington,

Gere,

Hopewell,

Gwyer,

Rogers. — 6.

A majority of the members voting
in the negative the amendment was
lost.

By unanimous consent the com-
mittee on schedule submitted the
following report.

[Report not supplied. — Ed.]
The report of the committee on
schedule was read the first time.

The rules wiere suspended two-
thirds of the members voting there-
for, and the report was read a sec-
ond time by its title and referred to
the committee of the whole house.

The question recurring upon sec-
tion 3 of the legislative article, it
was adopted as amended.

The question being upon the adop-
tion of section 4, Mri^ Smith offered
the following amendment:

Strike out the words "each mem-
l>er of the legislature," in line 1 in
the amendment to section 4, and in-
sert the words "The terms of office of

[June S

the members of tne legislature shall
be two years and they;" which
amendment was concurred in.

Mr. Henry offered tlie following
amendment to be added to section
4 : "but neither members of the leg-
islature nor employees shall receive
any perquisite or pay other than:
their per diem and mileage;" which
was concurred in.

Section 13 was adopted as amend-
ed.

Section 13 w'as adopted as amend—
ea.

Section 17 was stricken out.
Section 18 was stricken^ out.
Section 19 was adopted as amend-
ed.

Mr. Weaver offered the following
additional section:

"None of the lands subject to dis-
posal by the state shall ever be do-
nated to any railroad company, cor-
poration, company or individuals;
which was adopted.

Section 21 was stricken out.

Mr. Abbott offered the following
as a substitute to section 24.

"No money shall be paid out of
the treasury except in pursuance of
an appropriation by law;" which
amendment was disagreed to.

By consent all sections not amend-
ed were adopted. The article as
amended was adopted and ordered en-
grossed for a third reading.

By unanimous consent, Mr. Van
Wyck, from the coiAmittee on revir-
sion and adjustment, submitted the
folowing report:

Twenty-Fourth Day

640 NEBRASKA CONSTITUTIONAI. CONVENTIONS

Tuesday J

Twenty-Fourth Day

[June S

State of i Nebraska.
Constitutional Convention,

June 8, 1875.
The committee <on revision and!
adjustment, to whom were referred
sundry enrolled articles, would res-
pectfully report that they have exam-
ined the preamble and article on bill
of rights and recommend:

First. That section 4 of the arti-
cle be stricken out and section 3 of
the proposed consiitution of 1871 be
substituted.

Second. In section 21, line 10,
after the word taken ada "or dam-
aged."

Your committee have also had un-
der consideration the article on mil-
itia, and recommend to strike out
sec. 2 and 3, as the same ver-
batim are incorporated in the bill of
rip-hts.

Your committee have also had
under consideration the article on
right of suffrage. In sec. 2, line 2
or 3 strike out "idiot, insane or un-
der guardianship," and insert "non
compos mentis."

C. H. VAN WYCK,

Chairman.

The question being upon the adop-
tion of the report upon revision and
adjustment, the first amendment was
disagreed to.

The second amendment was adopt-

ed.

Mr. Pound moved to reconsider
the vote by which the second amend-
ment was adopted; which was a^reel
to.

The question being upon the adop-
tion of the third amendment, It was
lost.

, Mr. Pound moved to amend sec-

tion 21 of the article entitled bill
of rights by inserting after the word
taken, the words "or damaged;'*,
which amendment was concurred in.'

Mr. Manderson moved to amend
section 21 by inserting in line 8,"
after the word owner, the w<oras
"where land is taken;" which was
disagreed to.

Mr. Briggs moved to strike out
section 21 and substitute the follow-
ing: "The property of no person
shall be taken for public use without
just compensation therefor."

A division being callei for, the
substitute was adopted.

Mr. :\Ianderson moved that the ar-
ticle entitled "Bill of Rights" be
ordered enrolled. A division being
called for, the motion was agreed
to.

The question being upon the re-
port of the committe on revision and
adjustment, upon the article entitled
Militia, sections 2 and 3 were strick-
en out as recommended.

On motion the artcle entitled
Militia was ordered enrolled.

The question being upon the report
of the committee on revision and ad-
justment, relative to the article en-
titled Right of Suffrage, the first
amendment was adopted as recom-
mended.

jMv. Robertson moved to strike
out the words si.xty days, in last
line of section 1.

CONVENTION OF 1875

641

I'uesday]

T-wenty-Fourth Day

[June 8

Mr. Warrington moved, as an
amendment, to strike out the words
' at least sixty days."

Mr^ Henry moved to further amend
by striking out the second proviso.

The yeas and nays being demand-
ed, on the amendment offered by
Mr. Henry, those voting in the affirm-
ative were
Henry. — 1.

Voting in the negative,

Hopewell,
Hunter,
Kirkpatrick,
Dadrd,
McPherson,
Manderson,
Martin,
Matthews,
Maxwell,
Munger,
Peery,
Pound,
Pierce,
Powers,
Robertson,
Sauls,
Shedd,
Smith,
Sterns,
Stevenson,
Thompson,
Thorne,
Vallery,
Van Wyck,
Wialther,
Wialling,
Warrington,.
Weaver,
Wilcox,
Zediker,

Mr. President. — 62.
A.BSENT.

Kendall,
Rees,

Rogers. — 6.
A majority of the members voting
in the negative, the amendment was
lost.

Abbott,
Agur,
Becker,
Boyd,
Briggs,
Broady,
Brown,
Burtch,
Calhoun,
Cams,
Clark,
Coates,
Conner,
Cummins,
Dawes,
Doom,
Dunlap,
Eldridge,
Ewan,
Poss,
Frady,
Oarber,
Grere,
Grebe,
Grenell,
ariffing,
Gwyer,
Hallner,
Hawley,
Hayw^ard,
Hinman,

Hamilton,
Harper,
Harrington,

Mr. Henry moved to amend by in-
serting the words "sixty days prior
to th« adoption of the constitution;"
which was disagreed to.

The question recurring upon the
amendment offered by Mr. Warring-
ton to the motion of Mr. Robertson,
the yeas and nays were demanded.

Those voting in the [affirmative]
were

Abbott,
Becker,
Boyd,
Broady,
Calhoun,
Coates,
Dawes,
Frady.
Garber,
Grebe,
Grenell,
Gwyer,
Hallner,
Hay ward,
Hinman,
Negative,

Agur,

Briggs,

Brown,

Burtch,

Carns,

Clark,

Conner,

Cummins,

Doom.

Dunlap,

Eldridge,

Ewan,

Foss,

Gere,

Griffing,

Hamilton,

Hawley,

Henry,

Absent,
Harper,
Harrington,
Kendall,

A majority

Kirkpatrick,

Laird,

Martin,

Munger,

Robertson,

Shedd,

Smith,

Stevenson,

Vallery,

Van Wyck,

Walling,

Walther,

Warrington,

Weaver. — 29.

Hopewell, ,

Hunter,

McPherson,

Manderson,

Matthews,

Miaxwell,

Peery,

Pierce,

Pound,

Powers,

Sauls,

Sterns,

Thompson,

Thorne,

Wilcox,

Zediker,

Mr. President. — 35.

Rees,

Rogers^ — 5.
of the members hav-

(;4L> NKBHASKA )NS11TUTI0NAL CONA'ENTIONS

Wednesday] T\venty-Plfth Day [June 9

ing voted in the negative, the mo-
tion was lost.

Mr. Robertson moved to strike out
the words "sixty days" and insert
the words "ten d'ays."

Mr. Garber moved, as an amend-
ment to the foregoing motion, to
strike out the words "sixty days" and
insert the words "thirty days;"
which amendment was agreed to,
and the motion (as ^amended pre-
vailed.

The article entitled Right of Suf-
frage was ordered enrolled.

Mr. Weaver moved to reconsider
the vote by which the article entitled
"Bill of Rights" was ordered enroll-
ed; which motion prevailed.

Mr. Maxwell moved to insert the
words "or damaged" in section 21;
which was agreed to, and the article
was ordered enrolled.

The president announced the
special order for the further con-
sideration of the article on revenue
and finance.

The question being upon the adop-
tion of the substitute offered by Mr.
Weaver, the substitute offered by
Mr. Weaver was, by consent, with-
drawn.

The question, being upon the adop-
tion of the article entitled Revenue
and France, it was adopted, unan-
imous consent being given. Mr.
liayward niovc.i to insert the words
"or any corporation" between the
words "thereof" and "or" in line
2 and section 6 ; also moved to insert
the words "or due any municipal

corporation" after the word purpos-
es, in line 3, section 6; which was
concurred in by unanimous consent.
Mr. Gwyer moved to strike out
the word but, in the fourth line of
section 1 and insert, in lieu thereof,
the word and.

The article on revenue and finance
was adopted and ordered engrossed
for a third reading. . ;.

On motion of] Mr. Kiirkpatrick^
at 4:45 o'clock, the convention ad-
journed until tomorrow morning at
9 o'clock.

Twenty-fifth Day.

Lincoln, Wednesday, June 9, 1875.

The convention met pursuant to
adjournment and was called to order
by the president.

Roll called;

PRESENT^

Abbott,

Griffing,

Agur,

Gwyer,

Becker,

Hallner,

Boyd,

Hamilton,

Briggs,

Harper,

Broady,

Harrington,

Brown,

Haw ley,

Burtch,

Hay ward,

Calhoun,

Henry,

Carns,

Hinman,

Clark,

Hopewell,

Coates,

Hunter,

Conner,

Kendall,

Cummins,

Kirkpatrick,

Dawes,

McPherson,

Doom,

Manderson,.

Dunlap,

Martin,

Eldridge,

Matthews,

Ewan,

Maxwell,

Foss,

Munger,,

Frady,

Pe«ry,

Garber,

Pierce,

Gore,

Pound.

Grebe,

Powers,

(Jreneir,

Re^s.

CONVENTION OF 1875

G43

Wednesday]

__j

Twenty-rifth Day

[Juae 9

Robertson,

Rogers,

Shedd,

Smith,

Sterns,

Thompson,

Thorne,

Vallery,

Van Wyck,

Walther,

Walling,

Warrington,

Weaver,

Wilcox,

Zecliker,

Mr.President.— 66.

ABSENT.

Stevenson. -

Laird,
Sauls,

The journal was i|ead and aiD-
proved as corrected.

Mr. Gere from the committee on
miscellaneous subjects, reported an
article amendatory to the constitu-
tion, which was read the first time.

On motion, the rules were sus-
pended, two-thirds of the members
voting therefor, and tlie article was
read a second time by its title, or-
dered not printed and referred to
the committee of the whole house.

Mr. Gwyer, from the committee on
engrossment and enrollment, sub-
mitted the following report:

Mr. President, the committee on
enrollment and engrossment respect-
fully report that they have exam-
ined the article entitled miscellaneous
provisions and find the same cor-
rectly engrossed.

WM. A. GWYER,

Chairman.

Mr. Gwyer moved to indefinitely
postpone section 5 of the article
entitled Miscellaneous Provisions.

Mr. Smith received' leave of ab-
sence.

The question being upon the mo-
tion offered by Mr. Gwyer, the yeas
and nays were demanded.

Those voting in the aff[irmative
were]

Abbott, Henry,

Boyd, Hinman,

Briggs, Kendall,

Burtch, Laird,

Calhoun, Manderson,

Coates, Munger,

Dunlap, Pierce,

Eldridge, Rees,

Frady, Robertson,

Garber, Rogers,

Grenell, Shedd,

Grifiing, Sterns,

Gwyer, ' Walther,

Harper, Warrington,

Hawley, Weaver,

Hayward, Mr.President— 33

IS'eg[ative,]

Agur, Hopewell,

Becker, Hunter,'

Broady, McPherson,

Brown, Matthews,

Cams, Maxwell,

Clark, Peery,

Conner. Pound,

Cummins, Powers,

Bawes, S^uls,

^oom, Stevenson,

Ewan, Thompson,

^oss, Thorne,

(^ere, Vallery, '

Grebe, Van Wyck,

Hallnei. V/alling,

Hamilton, Wilcox,

Harrington, Zediker. — 34.

A majority of the members pres-
ent voting in the negative, the mo-
tion was lost.

Mr. Gwyer moved to postpone the
further consideration of section 5

of the article on Miscellaneous Sub-
jects until Monday next at 10 o'clock
a. m.

The yeas and nays [being] de-
manded, [those voting in the alfirm-
ative were]

644 NEBRASKA CONSTITUTIONAL CONVENTIONS

■Wednesday]

Twenty-Fifth Day

[June 9

Abbott,

Kendall,

Boyd,

Laird,

Calhoun,

Manderson,

Eldridge,

Martin,

Garber,

Munger,

Grenell,

Pierce,

Grwyer,

Robert&on,

Hawley,

Rogers.

Hay ward,

Walther,

Hinman,

Mr. President

[Those voting in the

20.

negative

were]

Agur,

rlenry.

Becker,

x^iuytJ \\ cii.

"RtI (Tare

Hunter

Broady,

McPherson,

Brown,

Matthews,

Carns,

Maxwell,

Clark,

Peery,

Coates,

Pound,

Conner,

Powers,

Cummins,

Rees,

Dawes,

Sauls,

Doom,

Shedd,

Dunlap,

Sterns,

Ewan, V

Stevenson,

Foss,

Thompson,

Frady,

Thorne,

Gere,

Vallery,

Grebe,

Van Wyck,

Griffing,

Walling,

Hallner,

Warrington,

Hamilton,

Weaver,

Harper,

Wilcox,

Harrington,

Zediker. — 46

Absent,

Burtch,

Smith. — -3.

Kirkpatrick,

A majority of the members pre-
sent having voted in the negative,
the motion to postpone was lost.

On motion of Mr. Van Wyck, the
convention adjourned until 2 o'clock
p. m.

Atteniooii Session-
Two o'clock p. m.
The convention was called to or-
der by the president.

The roll was called, an4 there
were

PRESENT

Abbott,

Hunter,

Agur,

• Kendall,

Becker,

Kirkpatrick,

Briggs,

Laird,

Broady,

McPherson,

Brown

Maxw^ell,

Clark,'

Peery,

Coates,

Pierce,

Conner,

Pound,

Cummins,

Powers,

Dawes,

Rees,

Doom,

Robertson,

Dunlap,

Sauls,

Eldridge,

Shedd,

Ewan,

Smith,

Jb OSS,

Sterns,

Garber,

Stevenson,

Grebe,

Thompson,

Civ\ ffi n p"

Th nrn p

X X1.\J L lie.

G wyer ,

V 'a llcl y ,

Vclll >vjLlV,

n. a 111 1 1 LU 11 ,

VV ci i LlltJl ,

Harper

>V CtlllllgtL'll,

n.a.1 1 iiigHJii,

W/^ O Q V O T
v> CCt V t>l ,

Hawley,

Wilcox,

Hayward,

Zediker,

Henry,

Mr. President. — 55

Hinman,

ABSENT.

Boyd,

Hopewell,

Burtch,

Manderson,

Calhoun,

Martin,

Carns,

Matthew's,

Frady,

Munger,

Gere,

Rogers.

Grenell,

Walling. — 14.

Mr. Conner moved to postpone
the further consideration of the
article on Miscellaneous Subjects un-
til ten o'clock toniorro\y morning;
which was agreed to.

"Sir. WMlcox received leave of ab-
sence.

Mr. Van Wyck, from the com-

CONVENTION OF 1875

645

Wednesday]

mittee on revision and adjustment,
submitted the following report:

Second Report.

State of Nebraska,
Constitutional Convention,
June 9, 1875,
Tbe committee 'on revision and
adjustment, to whom were referred
sundry engrossed articles, most res-
pectfully report that they have exam-
ined the, same and recommend:

First. That the article on amend-
ment be enrolled without amend-
ment^

Second. That the article on rail-
roads be amended in the last clause
of section 5 by striking out "no,"
adding "s" to "corporation" and in-
sert "not" after the word shall so it
will read "The capital stock of rail-
road corporations shall not be in-
creased, etc."

Third. That the article on execu-
tive department be amended in first
clause of the sixteenth section by
striking out "to the senate;" also by
striking out section 2 4 and inserting
in lieu thereof:

The salaries of the governor, audi-
tor of public accounts and treasurer
shall be $2500 each per annum and
of the secretary of state, attorney
general, superintendent of public
instruction, and commissioner of
public lands and buildings shall b^
$2000 each per annum. The lieu-
tenant governor shall receive twice
the compensation of a senator and af-
ter the adoption of this constitution
they shall not receive to their own
use any fees, costs, interest upon
public moneys in their hands or un-
der their control, perquisites of office
or other compensation, and all fees
that may hereafter be payable by
law for services performed by any
oflBcer provided for in this article of
the constitution shall be paid in ad-
vance into the state treasury. There
shall be no allowance for clerk hire

[June 9'

in the offices of the superintendent of
public instruction and attorney gen-
eral.

Fourth. That the article on the
judicial department be enrolled with-
out amendment.

C. H. VAN WYCK,

Chairman.

The report of the committee on
revision being under consideration,,
the first recommendation of the com-
mittee was concurred in, and the
article entitled Amendments Was or-
dered enrolled.

The amendment to the article en-
titled Executive and the substitute
for section 24 of said article were
adopted as recommended.

The article on judiciary was or-
dered enrolled.

Mr. Gwyer, from the committee on
engrossment and enrollirfent, submit-
ted the following report:

Mr. President, the committee on en-
rollment and engrossment respect-
fully report that they have examined
the articles entitled Legislative.
Counties, Revenue and Finance, and
Education, and find the same cor-
rectly engrossed.

Respectfully,
WM. A. GWYER,

Chairman^

The article on Legislature having
been reported as correctly enrolled,
was read a third time and put upon
its passage.

The question being, Shall the ar-
ticle as read be adopted? — those vot-
ing in the affirmative were

Abbott, Briggs,

Agur, Broady,

Becker, Brown,

Boyd, Calhoun,

Twenty-FHth Day

im NKTVfiASKA CONSTITUTIONAL CONVENTIONS

Wednesday] Twenty-FIifth Day [June 9

Cams,

Laird,

Clark,

McPherson,

Coates,

Manderson,

Conner,

Matthews,

Cummins,

Maxwell,

Oawes,

Munger,

boom,

Peery.

Dunlap,

Pierce,

Bldridge,

Pound,

Kwan,

Powers,

Foss,

Rees,

Frady,

Robertson,

Garber.

Sauls.

Crenell.

Smith,

Griffing,

Sterns,

Gwyer,

Stevenson,

Hallner,

Thompson,

Hamilton,

Thorne,

-Harper,

Vallery

Harrington,

Van Wyck,

Hayward,

Walt her,

Henry,

Walling,

Hinman,

Warrington,

Hopewell,

Weaver,

Hunter,

Zediker,

Kendall,

Mr. President. — 61

Kirkpatrick,

Voting in the

negative,

Burtch,

Grebe. — 2.

Absent,

Gere,

Rogers,

Hawley,

Shedd,

Martin,

Wilcox. — 6.

A majority of . the members of the
convention having voted therefor,
the article on Legislature was adopt-
ed and referred to the committee on
revision and adjustment.

The article entitled Counties, hav-
ing been reported correctly engross-
ed, was read a third time and iput
upon its passage, the question being,
Shall the article be adopted? Those
voting in the affirmative were

Abbott, Boyd,
Agur, Briggs,
Becker, Broady,

Brown,

TTon ri d 1 1

J_> U I tC 11 ,

Laird,

Q 1 li n n
V_>£tllJ.U U 11 ,

iVlLi llcl oUll,

iVi dll u. t;l oL/ll,

v^idrK,

iVldLLUc Wo,

V_/(Jcl LtJa ,

IVl'd A W till.

v-'Uliiicl ,

iVl U 11 g C 1 ,

Vy u iiim 1 11 b J

Peery,

LJcXj W "o.

Pierce

J_/ U U 111 ,

i u u u u ,

X w t?l o,

Rees,.

E wan,

XVI./UC1 louil,

Foss,

od Ulo,

P 1 dU. J ,

kJiltJU.ll,

VT<x1 Ucl ,

Smith

Grebe

tfirn G
o tt;i iio.

vjri "ii"ii,

Sfpvpn Gr»n

vjl iiimg,

X iiuiiiybC/ii,

Gwyer,

X 1 11 v^.

Hallner,

Vallerj^

Hamilton,

Van Wyck,

Harper,

vvaitner,

Harrington,

Walling,

Hayward,

Warrington,

Henry,

Weaver,

miiiiictll,

^tJlxirvtrl ,

Hopewell,

ivir.ir'resiQent. — oo

Hunter,

Voting in the

negative,

Kirkpatrick. — 1 .

Absent,

Gere,

Rogers,

Hawley.

Wilcox. — 5.

Martin,

A majority of the members of the
convention having voted therefor,
the article entitled Counties was
adoptfed and referred to the commit-
tee on revision and adjustment.

The article upon Revenue and
Finance, having been reported cor-
rectly engrossed, was read a third
time and put upon its passage. The
question being, Shall the article as
read be adopted? those voting in
the aftirmative were
Agur, Becker,

CONVENTION OF 1875

647

WednesiJay]

Boyd,

Hopewell,

Briggs,

Hunter,

Burtch,

Kirkpatrick,

Calhoun,

Laird,

Cams,

McPherson,

Clark.

Manderson,

Coates,

Martin,

Conner,

Matthews,

Cummins,

Maxwell,

Dawes,

Mutiger,

Doom,

Peery,

Dunlap,

Pierce,

Eldridge,

Pound,

Bwan,

Powers,

Foss,

Rees.

Frady,

Robertson,

Garber,

Sauls,

Gere,

Shedd,

G-febe,

Smith,

Grenell,

Sterns,

Griffing,

Thompson,

QWyer,

Thorne,

Hallner,

Vallery,

Hamilton,

Van Wyck,

Harper,

Walther,

Harrington,

Walling,

Hawley,

Warrington,

Hayward,

Weaver,

Henry,

Zediker,

Hinnian,

Mr.President. — 62.

Voting- in the negative

Abbott, Kendall,
Broady, Stevenson. — -5.

Brown,

Absent,

Rogers, Wilcox. — 2.

A majority of the members of the
convention having voted therefor,
the article was adopted and referred
to the committee on adjustment and
revision.

The article upon education having
been reported correctly engrossed, it
was read a third time and put upon
its passage the question being, Shall
the article as read be adopted?

[June &

those voting in the affirmative were

\ hhnii

Henry,

T-T 1 T> TYi on

jrimman.

JZ> L/ xv C 1 J

Hopewell,

Hunter,

i_> 1 kJcXkX J ,

ivenaciii,

R m wn

-L> i W ii ,

Kirkpatrick,,

I JH U tl li J

Laird,

Ch. r ns

McPherson,

Clark

Manderson^

v_/Oa ueb.

Matthews,

1"! n £i V

Maxwell,

1 1 iTi m i n c

KJ U X-U. Ill 1 IID ,

Munger,

T~)'n woe

JL^ CI W CJO ,

Peery,

Doom

Pierce, •

D 1 1 n 1 a n '

-I O UilU ,

Rid ride"p

i O W tJI fc>,

Ewan

Rees,

Foss

-tvouei ison,.

Frady

odUlS, 1

vj d 1 Kf^ L ,

oneuu ,

Gere,

Smith,

Grebe,

Sterns,.

Grenejl,

Thorne,

Griffing,

Van Wyck,.

Gwyer,

Walther,

Hallner,

Walling,

Hamilton,

Warrington,

Harper,

Weaver,

Harrington,

Zediker,

Hawley,

Mr.President. — 6 T„

Hayward,

Voting in the negative

Burtch, Thompson,
Martin, Vallery. — 5..

Stevenson,
Absent,

Briggs, Wilcox.— 3.

Rogers,

A majority of the members of the
convention having voted in the affirm-
ative, the article was adopted and
referred to the committee on revi-
sion and adjustment.

Mr. Garber, from the committee on
gt:ate institutions and pubMc build- -
ings, reported an article amendatory
to the constitution, which was read,
a first time.

Twenty-Fifth Day

m Nf^BRASKA CONSTITUTIONAL CONTENTIONS

Wednesday]

TAventy-rifth Day

[June 9

On motion, the rules were sus-
pended, two-thirds of the members
voting therefor, and the article was
read a second time by its title, or-
dered not printed, and referred to
the committee of the whole house.

On motion of Mr. Conner, the con-
vention resolved itself into a com-
mittee of the whole house for the
consideration of the article upon leg-
islative (apportionment, with Mr.
Maxwell in the chair.

After some time spent therein, the
committee arose and, by its chair-
man, submitted the following fre-
port:

Mr. President, the convention in
committee of the whole have had un-
der consideration the article on legis-
lative apportionment and report the
same back with the following amend-
ments:

1st. Strike out the words "and the
territory known as the Omaha Res-
ervation" in sentatonal district no.
10.

2d. Strike out the word five, in
representative district no. 1, and in-
sert "four."

3d. Strike out the word one, in
representative district no. .2, and
iQsert "two."

4th. Strike out the word one in i
representative district number 4, and!
insert "two." |

5th. Strike out the word five, inj
representative district no. 7, and in-'
sert "four." j

6th. Strike out the word four, in
representative district no. 9, and in-
sert "three."

7th. Strike out the word two in
repfeseintative district no. 25, and in-
sert the word "three."

8th. Strike out the words "John-;

son" and "Pawnee," in representa-
tive district no. 50, and insert the
words "Cass" and "Saunders."

9th. Add the words "and Butler"
after the word Colfax, in representa-
tive district no. 51.

SAMUEL MAXWELL,

Chairman.

The question being upon the adopr
tion of the report of the committee
of the whole, all the amendments
recommended were concurred in.

The question being upon the article
as amended, Mr. Munger moved to
amend representative district no. 12
by striking out the word two and in-
sert, in lieu thereof, the word three,
which was disagreed to.

Mr. Abbott moved to strike out all
representative district no. 41.

Mr. Brown moved as an amend-
ment to the foregoing to strike out
of the 41st district the words "Da-
kota and the territory known as^ the
Omaha Reservation" and insert, in
lieu thereof, the word Dodge, which
was agreed to.

The article on Legislature Appor-
tionment was adopted as amended
and ordered engrossed for a third
reading.

Mr. Conner moved that when the
convention adjourned, it be until
T:30 this evening, which was agreed
to.

Mr. Warrington offered the follow-
ing resolution, which was adopted.

RESOLVED, That the committee
on judiciary be, and are hereby in-
structed to report to this convention
the status of the citizens of . the Uni-
ted States residing on the .different

CONVENTION OF 1875

649

Wedoesday]

Indian reservations situated within
the boundaries of the state of Ne-
braska, with reference to the right of
suffrage and of representation.

On motion, t^tite convention ad-
journed until 7.30 this evening.

Evening Session.

7 y2 o'clock p. m.
Convention met and was called to
order by the president.
The roll was called.

PRESENT

Agur,

Hunter,

Backer,

Kendall,

Boyd,

Laird,

Briggs,

McPherson,

Brown,

Manderson,

Burtch,

Martin,

Calhoun,

Matthews,

Carns,

Munger,

Clark,

Peery,

Coates,

Pierce,

Conner,

Pound,

Cummins,

Powers,

Dawes,

Re6s,

Doom,

Robertson,

Dunlap,

Rogers,

Eldridge,

Sauls,

Ewan,

Shedd,

Foss,

Smith,

Prady,

Sterns,

Orebe,

Stevenson,

Grenell,

Thompson,

Gritfing,

Thorne,

Gwyer,

Vallery,

Hamilton,

Van Wyck,

Harper,

Walther,

Harrington,

Walling,

Hayward,

Warrington,

Henry,

Weaver,

Hinman,

Zediker,

Hopewell,

Mr. President. — 61

ABSENT.

Abbott,

Hallner,

Broady,

Haw ley.

Gere,

Kirkpatrick,

[June &

Maxwell, Wilcox. — 8.

On motion of Mr. Hayward, rule
no. 2 8 was suspended for the eve-
ning.

On motion of Mr. Robertson, the
convention resolved itself into a com-
mittee of the whole house to take
under consideration four of the ar-
ticles on miscellaneous corporations,^
with Mr. Conner in the chair.

After some time spent theirein,
the committee arose and by its chair-
m.an submitted the following re-
port:

Mr. President, the convention, in
committee of the whole, have had
under consideration sec. 4 of the ar-
ticle on Miscellaneous Corporations
and report the same back with the
recommendation that section 4 be
adopted as amended.

A. H. CONNER,

Chairnian.

The question being upon the adop-
tion of the report of the committee
of the whole Mr. Hayward offered
the following amendment:

Each stockholder in all corpora-
tions shall be liable over and above
the stock by him or her owned and
any sum unpaid thereon to a fur-
ther sum equal in amount to such
stock.

Mr, Hinman moved that the con-
vention adjourn; w^hich was disa-
greed to.

The question recurring upon the
amendment offered by Mr. Hayward,
Mr. Boyd moved to further amend
by inserting the word banking be-
fore "corporations." Which was
agreed to.

The question being on adoption of

Twenty-Pifth Day

iVoO NEBRASKA CONSTITUTIONAL (XJN\^ENTI0NS

Wednesday]

Twenty-rifth Day

[June 9

Mr Hayward's amendment, it was
disagreed to.

Mr. Hayward offered the following
amendment:

Stockholders in all corporations
shall be liable for the debts to a
sum equal to the amount of their
stock.

The yeas and nays being demand-
•9d, [those voting in the affirma-
tive were.]

Cummins, Thompson,
Dawes, Thorne,

Doom ,

Vallery,

Ewan,

Van Wyck,

Foss,

w diiiier,

Laird ,

^\ arrington,

Matthe^^'s,

Weaver,

T*eery ,

Hayward ,

.^mith

H i n TTi a n 1 ^

11X11. Ill d. 11 it/.

Stf^venson,

' [Those voting

in the negative] :

Abbott,

Harrington,

JBecker,

Hawley

iaOyu,

Henry,

Briggs,

Kendell,

Broady ,

Mcpherson,

Brown,

Manderson,

Burtch,

Martin,

Calhoun,

Mungpr,

Clark,

Pierce.

Coates,

Pound,

Conner,

Powers,

Eldridge,

Rees,

Frady.

Robertson,

Garber,

Rogers,

Gere,

Sauls.

Grebe,

Shedd,

Griffing,

Sterns.

Gwyer,

Walling,

Hallner,

Zediker.

Hamilton,

Mr. President — 41

Harper,

Absent,

Agur,

Kirk|)atri('k,

Cams,

Maxwell,

Grenell,

Wilcox. .

Dunlap,

[Hopewell and

Hunter omitted. —

Ed.]

A majority of the members voting
in the negative, the amendment was
disagreed to.

Mr. Van Wyck offered the follow-
ing amendment:

Stockholders of all corporations
i shall be individually liable to the
j amount of the par value of the stock
j held by each, less the amount realiz-
i ed from the corporate property of
i the corporation or association.
I VAN WYCK.

I Mr. Boyd moved the previous qv.os-
I tion, which was seconded and the
main question ordered to be now put,
viz: "Will the convention agree to
the amendment ottered by Mr. Van
Wyck?"

I The yeas and nays were demand-
I ed, [and those voting in the affirm-
ative were]

Cummins,

Dawes,

Doom,

Ewan,

Fcss,

Hayward,

Hinman,

Laird,

Matthews,

Rogers,

[Those voting
were]

Abbott,

Becker,

Boyd,

Briggs,

Broady,

Brown.

Burtch,

Calhoun,

Clark.

Coates,

Conner,

Eldridge,

Frady,

Smith,

Stevenson,

Thompson,

Thorne,

Vallery,

Van Wyck,

Walther,

Warrington,

Weaver — 19,

the negative

Gere,

(irebe,

Griffing,

Gwyer,

Hallner,

I familton,

1-larper,

Harrington,

Hawley,

Henry,

Kendall,

McPherson.

Manderson,

CONVENTION OF 1875

651

Wednesday]

Twenty-Fifth Day

[June 0

Martin, Sauls,

Hunger, Shedd,

Pierce, Sterns,

Pound, Walling,

Powers, Zediker,

Rees, Mr. President — 39

Robertson,

Absent,

Agur, Hunter,

Cams, KirJtpatrick,

Dunlap, Maxwell,

Garber, Peery,

Grenell, Wilcox— 11.
Hopewell,

A majority of the members pres-
ent having voted in the negative,
the amendment offered by Mr. Van
Wyck was disagreed to.

The question being upon the adop-
tion of section 4, the yeas and nays
were demanded. [Those voting in
the affirmative were]

Abbott,

Harper, -

Boyd,

Harrington,

Br'iggs,

Hawley,

Broady,

Henry,

Brown,

Kendall,

Calhoun,

McPherson,

Clark,

Manderson,

Coates,

Martin,

Conner,

Munger,

Cummins,

Pierce,

Doom,

Pound,

Eldridge,

Powers,

Frady,

Rees,

Garber,

Robertson,

Gere,

Sauls,

Grebe,

Shedd,

Griffing,

Thorne,

Gwyer,

Walling,

Haliner,

Zediker,

Hamilton,

Mr. President — 4 0.

[Those

voting in the negative

were]

Becker,

Foss,

Burtch,

Hayward,

Dawes,

Hinman,

Bwan,

Laird,

Matthews,

Rogers,

Smith,

Sterns,

Stevenson,

Thompson,

Absent,

Agur,

Carns,

Dunlap,

Grenell,

Hopewell,

A majority
the convention
affirmative, sect

Mr. Sterns r
sence.

Vallery,
Van Wyck,
Walther,
vv arrington,
Weaver — 19,

Hunter,
Kirkpatrick,
Maxwell,
Peery,
Wilcox — 10.

of the members of
having voted in the
ion 4 was adopted.

eceived leave of ab-

Mr. Matthews offered the following
amendatory section, which was read
and referred to the committee on
miscellaneous subjects.

Section — . The legislature shall
by general law provide that all char-
itable or eleemosynary institutions
shall be open to public inspection
under the same general laws as gov-
ern asylums or other state institu-
tions,

Mr. Hinman moved that the con-
vention adjourn; which motion was
lost^

The article on miscellaneous cor-
porations was ordered engrossed for
a third reading.

Mr. Martin moved to reconsider
the vote by which section 4 was
adopted; which motion prevailed.

The question recurring upon the
adoption of section 4, Mr. Hinman
offered the following amendment to
section 4.

Strike out "stockholders," in the
3rd line, and insert "original sub-

m2 NEBRASKA CONSTITUTIONAL CONVENTIONS

Tl)ursclay]

Twenty-Sixth Day

[June 10

scribers." Strike out "Provided
that," and insert "and," in line 4.

A division of the question was call-
ed for.

Mr. :\Iartin moved the previous
question and, being seconded, the
mfain question was now iput, viz:
Will the convention agree to the
first amendment offered by Mr. Hin-
man, viz: Strike out the word stock-
holders, in the third line, and insert
the words "original subscribers;"
which was concurred in.

The question being. Will the con-
vention agree to the second amend-
ment offered by Mr. Hinman, viz:
Strike out the word provided and
insert the word and in line 4?

And, being put, it was decided in
the attirmative.

On motion section 4 was adopted
as amended and the article ordered
<^ngrossed for a third reading.

Un motion o'" Mr. Hay ward, at
10:25 p. m., the convention adjour-
ned.

T\Aenty-si\tIi Day.

Lincoln, Thursday. June 10. 1875.

The convention met, pursuant to
adjournment, and was called to or-
der by the president.

The roll was called and there were

PRESENT

Abbott,

Agur,

Becker,

Boyd,

Briggs,

Broady,

Brown,

Burtch,

Calhoun,

Cams,

Clark,

Coates,

Conner,

Cummins,

Dawes, Matthews,

Doom, M,axwell,

Dunlap, Munger,

Eldridge, Peery,

Ewan, Pierce,

Foss, Pound,

Frady, Powers,

Garber, Kees,

Gere, Robertson,

Grebe, bauls,

Grenell, Shedd,

Griffing, Smith,

Gwyer, Stevenson,

Hallner, Thompson,

Hamilton, Thorne,

Henry, Vallery,

Hinman, Van Wyck,

Hopewell, Walther,

Hunter. Walling,

Kendall, Warrington,

Kirkpatrick, Weaver.

Manderson, Zediker,

Martin, Mr. President — 65,
McPherson,

[Harper, Harrington , Hay ward
Hawley omitted. — Ed.]
ABSENT.

Laird, Sterns,
Rogers, Wilcox. — 4.

Journal read and approved as cor-
rected.

Moved that section 5 of the article
on miscellaneous provisions be re-
committed to the committee on mis-
cellaneous subjects with instructions
to report the same back as a
sepe[a]rate article.

A division of the question was call-
ed for, the question being. Shall sec-
tion 5, as aforesaid, be recommitted?

It was decided in the affirmative.

The question being, Shall the sec-
tion be reported back as a separate
article? it was so ordered.

The convention proceeded to the
further consideration of the remain-
ing sections of said article and the

COmrENTION OF 1875

653

Thursday]

Twenty-Sixth Day

[June 10

same was read the third time and
put upon its passage.

Thoae voting in the affirmative

were

;^gur,

Hopewell,

Boyd,

Hunter,

Burtch,

Kirkpatrick,

Oarns,

Matthews,

Clark,

Maxwell,

Coates,

Peery,

o-onner.

Pierce. : :

Cummins,

Pound, ,

Doom,

Rees,

Ewan,

Shedd.

Poss,

Thompson,

Cere,

Thorne,

Crebe.

Vallery,

Creneil,

Van Wyck,

CritRng,

Walther,

Hallner,

Weaver,

Harrington,

Zediker. — 35

Hawley,

[Those
were]

A^bbott,
Becker,
Broady,
Calhoun,
Dunlap,
Eldridge,
Prady,
arber,
brwyer,
Hamilton,
Harper,
Hayward,
Henry,
Hinman,

Absent,
Briggs,
Brown,
Dawes,

voting in the negative

Kandall,

Laird,

McPherson,

Manderson,

Martin,

Munger,

Powers,

Robertson,

Sauls,

Smith,

Stevenson,

Walling,

Warrington,

Mr. President — 2 8.

Rogers,
Sterns,
Wilcox— 6.

A majority of the members of the
convention voting therefor, the ar-
ticle entitled Miscellaneous Provis-
ons was adopted and referred to the
ommittee upon revision and adjust-
ent.

Mr. Van Wyck, from the comm-lt-
tee on revision and adjustment, sub-
mitted the following report:

State of Nebraska,
Constitutional Convention,

June 10, 1875,
The committee on revision and
adjustment to whom were referred
sundry articles respectfully report
that they have examined.

First. The article on incidental
expenses, 'and recommend that th«
same be placed at the beginning of
section 22, in the article on the Leg-
islature.

Second. The article on Counties,
and recommend that the same be
enrolled without amendment.

Third. The article on Legislature,
and recommend that sec. 18 be
stricken out and in lieu thereof in-
sert:

Lands under control of the state
shall never be donated to railroad
companies, private corporations or
Individuals.

That section 22 be amended by in-
serting at the beginning thereof:

"No allowance shall be made for
the incidental expenses of any state
officer except the same be made by
general appropriation and upon an
account specifying each item."

Fourth. The article on Education,
and recommend that tne same be
enrolled without amendment.

C. H. VAN WYCK.

Chairman.

The report of the committee on
revision and adjustment being under
consderation, the recommendation
relative to the article on Incidental
Expenses was concurred in.

The article on Counties was order-
ed enrolled without amendment.
The amendment and substitute to

(;54 NEBRASKA CONSTITUTIONAI. CONVENTIONS

Thm-sday]

sec. 18 of the article on Legislature
was concurred in as recommended.

Section 22 of the article on legis-
lature was amended as recommended.

The article on Education was ord-
dered enrolled without amendment.

Mr. Boyd offered the following
section, amendatory to the constitu-
tion.

Sec. — . Every stocKiiolder in a
banking corporation or institution
shall be individually responsible and
liable to its creditors over and above
the amount of stock by him held to
an amount equal to his respective
stock or shares so held for all its lia-
bilities accruing while he remains
such stockholdder.

On motion, the foregoing was re-
ferred to the committee on banks and
currency, with instructions to re-
port back the same or a similar sec-
tion.

Mr. Calhoun offered the following
resolution:

RESOLVED, That we, as the re-
presentatives of the people of Nebras-
ka, deny the right of the federal
government to cede any portion oi
this state to Indians without first
obtaining tne consent o: the peo-
ple of the state^

RESOLVED, That, while we recog-
nize the duty of the federal govt,
to carry out its treaty stipulations
with the Indians, those treaties snoulu
bave been made with a d^^e regard to
the rights of this sovereign state.

RESOLVED, That we deny the
right of the federal govt, to arrest
and hold as prisoners any citizens
within the borders -jof this state,
except by due process of law, or to
deprive them of any of their property;
and that we denounce the action of

[June 10

the military department in making
such arrests and re-arrests [as a
violation of ?] the principle that '^'•h
military should be subservient to the
civil power.

S. H. CALHOUN.

Mr. Gwyer moved that the . fore-
going resolution be referred to the
committee on federal relations.

Mr. Conner moved that the resolu-
tion be laid upon the table; which
was agreed to.

The president announced as the
business in order the special order
on state, county, and municipal in-
debtedness, and thereupon the re-
port 6f the committee of the whole
upon that article, made June 5th,
was read and considered.

The question being upon the adop-
tion of the amendments recommend-
ed in the report of the committee of
the whole, the amendments from one
to eight inclusive were concurred in
as recommended.

The question being upon the ninth
amendment, Mr. Robertson moved
to further amend by striking out the
word two-thirds, and insert, in lieu
thereof, the word majority; which
was disagreed to.

The substitute for section 1 of the
article upon Internal improvements
was adopted, and both articles were
ordered engrossed for a third reading
as a single article of the constitu-
tion.

On motion of Mr. Doom, (he con-
vention resolved itself into a com-
mittee of the wnole house to take
under consideration section 1 of the

T'wenty-Sixtb Day

CONVENTION OF 1875

655

Thursday]

IVenty-Sixth Day

article on Miscellaneous Provisions,
relative to the seat of government,
with Mr. Robertson in the chair.

After some time spent therein, the
committee^arose and, hy its chairmanr
Teported progress and asked leave to
isit again.

On motion the convention adjour-
ned until 2 o'clock p. m.

, Afternoon Session.

The convention met pursuant to ad-
journment^

The roll being called there \tere

PRESENT

o y vv 6 1 1 ,

Becker,

Kendall,

Boyd,

Kirkpatrick,

Briggs, ,

Laird,

Broady,

McPherson,

Brown,

Mahderson,

Burtch,

Martin,

Cams,

Matthews,

Clark,

Maxwell,

Coates,

Munger,

Conner,

Peery.

Cummins,

Pierce,

Dawes,

Pound,

Doom,

Powers,

Eldridge,

Rees,

Ewan,

Robertson,

Po&s,

. Rogers,

Frady,

Sauls,

Garber,

Shedd.

Grebe,

Stevenson,

Grenell,

Thompson,

Griffing,

Thorne,

Gwyer,

Vallery,

Hallner,

Van Wyck,

Hamilton,

Walther,

Harper,

Walling,

Harrington,

Warrington,

Hawley,

Weaver,

Hayward,

Wilcox,

Henry,

Zediker,

Hinman,

Mr. President— 6 4

[June 10

ABSENT.

Calhoun, Smith,
Dunlap, Sterns — 5.

Gere,

Mr. Plunger offered the foliowing
resolution which was adopted.

RESOLVED, That no member of
this convention, except the mover of
a resolution or question, be permit-
ted to speak upon any question more
than once nor longer than five min-
utes.

On motion of Mr. Maxwell the
convention went into committee of
the whole upon the article entitled
Schedule, with ]Mr. Gwyer in the
chair.

After some time spent therein, the
committee arose and by its chairman
submitted the following report.

Mr. President; the convention, in
committee of the whole, have had
under consideration the article en-
titled Schedule, and report the same
back with the recommendation that
the same be incorporated in the con-
stitution when amended as follows:

1st. Amend line 1, of section, 16
to read as follows: "The supreme,
district, and probate courts now in
existence."

2d. Strike out section 2 7 and in-
sert as follows:

"Sec. 2 7. The members of the
first legislature under this constitu-
tion shall be elected at the general
election in the year 18 76."

3d. By adding to section 13 the
following words:

"Provided the office of no county
commissioner shall be vacated there-
by."

4th. Insert aftfer the word con-
stitution, in line 2 of section 25, the
following words: "whose compensa-
tion is not otherwise provided for."

(;5() NEBRASKA CONSTITUTIONAL CONVENTIONS

Thursday]

Twenty-Sixth Day

[June 10

5th. Add to section 8 "on the
first day of October, 1875."

WM. A. GWYER,

Chairman.

The question being upon the adop-
tion of said report, all the amend-
ments were concurred in.

The question being upon the adop-
tion of the article as amended, Mr.
Conner moved that section 13 be re-
committed to the committee on sched-
ufe; which was agreed to, and the
balance of the article ndopted with-
out objection.

On motion of Mr. Hayward, Ihe
convention resolved itself into com-
mittee of the whole for the consider-
ation of the article reportd by the
committee on state institutions and
public buildings.

After some time spent therein, the
committee arose and, by its chair-
man, submitted the following report:

Mr. President, the convention, in
committee of the whole, have had un-
der consideration the article on state
institutions and public buildings, and
report the same back to the conven-
tion with the recommendation that
the article be indefinitelv postponed.

M. R. HOPFJWELL,

Chairman.

The question being upou the aduj)-
tlon of the recommendai ion of the
committee it was so ordered.

On motion of Mr. Hinman, the con-
vention resolved itself into v'ommittee
of the whole for consideration of the
•section reported by the committee on
miscellaneous provisions, relative to
the seat of government, wilii Mr.
Robertson in the chair.

After some time spent therein, the

committee arose and, by its chair-
man, submitted the following re-
port:

Mr. President, the convention, in
committee of the whole, have had
under consideration the article on
Seat of Government and report the
same back with .the following sub-
stitute and recommend that it be
submitted as a separate article to
the constitution .

The seat of government of the state
thai I not be removed or relocated
without the assent of a majority
of the electors of the state voting
thereupon at a general election, un-
der such rules and regulations as to
the number of elections and manner
of voting as may be prescribed by
law: Provided, the question of re-
moval may be submitted at such other
general elections as may be provided
by law.

W. A. ROBERTSON,

Chairman.
The question being upon the adop-
tion of the report of the committee,
Mr. Abbott moved that the substitute
be indefinitely postponed.

The yeas and nays being demand-
ed, those voting in the aflftrmative
[ were]

Abbott,
Becker,
Brown,
Burtch,
Clark,
Coates,
Frady,
Grebe,
Grenell,
Gri fling.
Harper,
Hinman,

[Boyd omitted. — Ed.]

[Those voting in the negative
were]

Hunter,

Kendall.

Maxwell,

Munger,

Powers,

Robertson,

Sauls,

btevenson,

Thompson,

Vallery,

Walling,

Warrington — 25.

Briggs.
Broady,

Calhoun.
Carns.

COXM^NTION OF 1875

657

Thursday] Twenty-Sixth Day [June 10

Conner,

Cummins,

Dawes,

Doom,

Ewan,

Foss,

Garber,

Gere,

Gwyer,

Hallner,

Hamilton,

Harrington,

Hawley,

Hayward,

Henry,

Kirkpatrick,

Laird,

Absent,

Manderson,

Martin,

Matthews,

Peery,

Pierce,

Pound,

Rees,

Rogers,

Shedd,

Tliorne,

Van Wyck,

Walther,

Weaver,

Wilcox,

Zediker,

I\lr. President — 3 7

Agur, McPherson,
Dunlap, Smith,
Eldridge, Sterns — 7.

Hopewell,

A majority of the members voting
in the negative, the motion of Mr.
Abbott was disagreed to.

Mr. Brown moved to amend tho
substitute by striking out the word
and before the word manner and
after the word voting insert "and
places to be voted for." Whicn was
agreed to.

The question being upon the adop-
tion of the substitute as amended,
the yeas and nays were demanded by
two members and those voting [in
the affirmative were]

[Yea and nay list missing. — Ed.]

A majority of the members voting
in the atfirmative, the substitute was
adopted as amended.

The question being upon ordering
;he article engrossed for a third read-
ng as a proposition to be separately

submitted in the constitution, Mr.
Hayw^ard called for a division of the
question and moved the previous

question, which was seconded and or-
dered to be now put, viz: "Will the
convention order the article engross-
ed for a third reading?" which was
decided in the affirmative.

The question being, "Shall the ar-
ticle relative to the seat of govern-
ment be submitted as a seperate ar-
ticle of the constitution?" the yeas
and nays were demanded [and those
voting in the affirmative were]

Becker, Hunter,

Boyd, Kirkpatrick,

Calhoun, Laird,

Clark, Manderson,

Coates, Martin,

Conner, Matthews,

Cummins, Munger,

Doom, Powers,

Ewan, Rees,

Frady, Robertson,

Grebe, Sauls,

Grenell, Thompson,

Gwyer, Thorne,

Hamilton, Walther,

Harper, Warrington,

Harrington, Wilcox,

Henry, Zediker — 3 5.
Hinman,

[Those voting in rhe negative
were]

Abbott,
Briggs,
Broady,
Brown,
Burtch,
Carns,
Dawes,
Foss,
Garber,
Gere,
Griffing,
Hallner,
Hawley,
Hayward,
Absent,

Agur,

Dunlap,

Eldridge,

Kendall,

Maxwell,

McPherson,

Peery,

Pierce,

Pound,

Rogers,

Shedd,

Stevenson,

Vallery,

Van Wyck,

W^alling,

Vv eaver,

Mr. President — 2:

Hopewell,
Smith,
Sterns — 6.

658 NEBRASKA CONSTITUTIONAL CONVENTIONS

Thursday]

Twenty-Sixth Day

[Jiane 10

A majority of the members voting
in the affirmative, the article was
ordered to be submitted as a sep-
arate proposition to the constitution.

Mr. Gwyer from the committee on
engrossment and enrollment, sub-
mitted the following reports:

Mr. President, the committee on
enrollment and engrossment respect-
fully report that they have examined
the article entitled Legislative Appor-
tionment and find the same to be
correctly engrossed,

WM. A. GWYER,

Chairman.

Mr. President, the committee on
enrollment and engrossment respect-
fully report that they have examined
the article entitled State, County,
and Municipal Indebtedness, and
Miscellaneous Corporations and find
the same to be correctly engrossed.

WM. A. GWYER,

Chairman.

On motion of Mr. Warrington, the
convention, at 6 p. m., adjourned un-
til 7:30 p. m^

Evening Session.

7:30 p. m.

Convention called to order by the
president.

The roll was called and there were

PRESENT

Abbott,

Agur,

Becker,

Boyd,

Broady,

Brown,

Burtch,

Calhoun,

Carns,

Clark,

Coates,

Conner,

Cummins,

Dawes,

Doom,

Dunlap,

Foss,

Griffing,

Gwyer,

Hallner,

Hamilton,

Harper.

Harrington,

Hawley,

Hayward,

Hopewell,

Hunter, Thorne,

Laird, Van Wyck,

Manderson, Walther,

Matthews, Walling,'

Munger, Warrington,

Rees, Weaver,

Sauls, Wilcox,

Stevenson, Zediker,

Thompson, Mr. President — 4 3.
ABSENT.

Briggs,

Eldridge,

Ewan,

Frady,

Garber,

Gere,

Grenell,

Henry,

Hinman,

Kendall,

Kirkpatrick,

McPherson.

[Grebe omitted.

Martin,

Maxwell, '

Peery,

Pierce,

Pound,

Powers,

Robertson,

Rogers,

Shedd,

Smith,

Sterns,

Vallery — 24.

—Ed.]

Mr. Conner moved that rule no. 28
be suspended for the evening; which
was agreed to.

The article on Legislative Appor-
tionment liaving been reported cor-
rectly engrossed, was read a third
time and put upon its passage, the
question being. Shall the article a»
read be adopted?

Those votiii!
were

Abbott,

Agur,

Becker,

Briggs,

Brown,

Calhoun,

Carns,

Clark,

Coates,

Conner,

Cummins.

Dawes,

Doom,

Eldridge,

Ewan,

in the affirmative

Foss,

Frady,

(Jarber,

Griffing,

(5 wyer.

Hallner,

Hamilton,

Harper.

Harrington.

Hayward,

Henry,

Hinman,

Hopewell,

Hunter,

Kendall,

CONVENTION OF 1875

659

Thursday]

Twenty-Sixth Day

[June 10

Kirkpatrick,

Manderson,

Matthews,

Maxwell,

Munger,

Peery,

Pound,

Powers,

Rees,

Robertson,
Sauls,

Smith,
Sterns,
Stevenson,
Thompson,
Thorne,
Van Wyck,
Warrington,
Weaver,
Wilcox,
Zediker,

Mr. President — 5 2.
Voting in the negative,
Boyd, Peery,
Broady, Vallery,
Grebe, Burtch — 7.

Hawley,

[Peery counted in both affirmative
and negative. — Ed.]
Absent,

Dunlap, Pierce,
Gere, Rogers,
Grenell, Shedd,
Laird, Walther,
Martin, Walling — 11.

McPherson,

A majority of the members of the
convention having voted therefor, the
article was adopted and referred to
the committee on revision and ad-
justment.

The article on state, county and
municipal indebtedness having been
reported correctly engrossed, was
read a third tilne and put upon its
passage, the question being. Shall the
article as read be adopted?

Those voting in ^the .affirmative

were

Abbott,

Conner,

Agur,

Cummins

Becker,

Dawes,

Boyd,

Doom,

Briggs,

Eldridge,

Broady,

Ewan,

Brown,

Foss,

Calhoun,

Frady,

Gams, '

Garber,

Hallner,

Gere,

Coates,

Grebe,

Munger,
Peery.
Pound,
Powers,
Rees,
Rogers,
Sauls,
Stevenson,
Thompson,
Thorne,
Van Wyck,
Walther,
Weaver,
Wilcox,
Zediker,

Mr. President — 55.

Griffing,
Gwyer,
Clark,
Hamilton,
Harper,
Harrington,
Hawley,
Hayward,
Henry,
H]i<man,
Hopewell,
Hunter,
Kendall,
Kirkpatrick,
Manderson,
Matthews,
Maxwell,

Those voting in the negative were
Burtch, Warrington — 3.

Vallery,

Absent, i

Dunlap, Robertson,
Grenell, Shedd,
Laird, Smith,
Martin, Sterns,
McPherson, Walling — 11.

Pierce,

A majority of the members of tive
convention having voted therefor,
the article on state, county and mun-
icipal indebtedness was adopted and
referred to the committee on revision
and adjustment.

The article on I\Iiscellaneous Cor-
porations having been reported cor-
rectly engrossed, was read a third
time and put upon its passage, the
question being. Shall the article as
read be adopted?

Unanimous consent being given,
Mr. Briggs offered the following sec-
tion additional to the foregoing arti-
cle, which was read the first time.

Sec. 1. Every stockholder in a
banking corporation or institution
shall be individually responsible and

m) i\l^:imASKA CONSTlTU^riONAL CONA^ENTIONS

Thursday] Twenty-Sixth Day [June 10

liable to its creditors over and above
the amount of stock by him held to
an amount equal to his respective
stock or shares so held for all its
liabilities accruing while he remains
such stockholder.

The rules were suspended, two-
tbirds of the members voting there-
for, and the section was read a sec-
ond time.

Mr. Boyd moved that the rules be
suspended, the section read a tliiid
time, and be incorporated into the
constitution.

Mr. Calhoun offered to amencl the
section offered by ^Nlr. Briggs by add-
ing the following thereto: "And all
private banks shall publish qua t ier 'y
statements under oath of their :-is-
sets and liabilities;" which Avas con-
curred in.

The question recurring upon the
original motion and article as amend-
ed, the rules were suspended, two-
thirds of the members voting there-
for, and the section as amended was
read a third tirii3 and adopted.

Mr. Boyd moved lo recorisider tlie
vote adopting the amendninnt oltered
by Mr. Calhoun; which was agreed to.

The question being upon the adop-
tion of the amendment, Mr. Calhoun
offered the following: "And all bank-
ing corporations shall publish (luar-
terly statements under oath of their
assets and liabilities;" which con.
curred in and the section as amend-
ed was concurred in.

The article on miscellaneous cor-
porations, PS amended, was read a
third time and ])ut u])on its passage,

the question being, Shall the article
as read be adopted?

[Those voting in the affirmative

were]

Abbott,

Henry

Agur

11 1 11 111 Cl. 11 ,

Becker

H n n p w p 1 1

X XKf V\ ^11,

Boyd,

Hunter

Briggs,

1\ pTi d a 1 1

J V v> 11 Ct 1 1 ,

Broad j'^

XV 11 rv|jciLi jv^iv,

Brown,

Laird

Burtcb

j-tl d 1 1 11 V vv o ,

Calhoun,

TVTji Ywpll

Carns

AT 11 n o'PT"

Coates,

g g J- y

Conner

Pierce

Cummins

Pound

Dawes

Po w ers

1 rl V i rl p" p

Ewan,

Robertson,

Foss,

Rogers,

Frady,

Sauls,

Garber,

Thompson,

Gere,

T borne

Grebe,

Van Wyck,

Griffing,

Walt her,

Gwyer,

Walling,

Hallner,

Weaver,

Hamilton,

Wilcox,

Harper,

Zediker,

Harrington,

I\lr. President-

Hawley,

[Doom omitted

• — Ed. ]

[Those voting

in the neg

were]

Clark,

Vallery,

Hay ward,

AVarrington —

Stevenson,

Absent,

Dunlap,

McPherson,

Grenell,

Sliedd.

Manderson,

Smith,

Martin,

Sterns— 8.

A majority of the members of the
convention having voted therefor,
t^ho article was adopted and referreii
to th(> committee on revision and ad-

jUStUKMlt.

Mr. Munger offered the following:

CONVENTION OF 1875

661

Friday]

Tweuty-Seventh Day

[June 11

RESOLVED, That there be ap-
pointed by the, president of this con-
vention, a committee of five to pre-
pair [prepare] and submit an address
to the electors of tliis state on the
minites [minutes] of the new consti-
tution.

iNIr. Gwyer moved that when tlie
convention adjourn, it be until tomor-
row morning at 10 o'clock.

Mr. Abbott moved, as an amend-
ment, that when the convention ad-
journed, it be until 2 o'clock tomor-
row afternoon; which was disagreed
to.

The original motion was agreed to.

Mr. Weaver, from the committee on
schedule, reported the following
amendments to the article on sched-
ule:

In 2d line of sec. 13, after [the]
word year, insert "except the first
general election^ which shall be on
first Wednesday 'in September, A. D.,
1875."

Strike out in line 9, sec. 13, the
words "after the adoption of this
constitution."

Adopted^

The yeas and nays being demanded _

[those voting

in the afhramtive

were]

Becker,

Hallner,

Broady,

Harrington,

Calhoun,

Hawley,

Cams,

Hayward,

Clark,

Henry,

Conner,

Hinman,

Cummins,

Kendall,

Dawes,

Kirkpatrick,

Doom,

Laird,

Foss,

Manderson,

Frady,

Matthews,

Garber,

Pierce,

Gere,

Pound,

Griffin g.

Rees,

Sauls,
Rogers,
Thorne.
Van Wyck
Walther,

[Those
were]

Abbott,
Agur,
Boyd,
Briggs,
Brown,
Burtch,
Coates,
Eldridge,
Ewan.
Grebe,
Gwyer,
Hamilton,
Harper,

Absent,

Dunlap,
Grenell,
McPherson,
Martin.

Weaver,
"Wilcox,
Zediker, ■
Mr. President — 3 7.

voting in the negative

Hopewell,

Hunter,

Maxwell,

Munger,

Peery, "

Powers,

Robertson,

Stevenson,

Thompson,

Vallery,

Walling,

Warrington — 2 5.

Shedd,
Smith,
Sterns-

A majority of the members of the
convention having voted therefor, the
amendments were adopted.

The question being upon the article
on Schedule, by consent Mr. Weaver
offered the following amendment,
which was concurred in.

Sec. 24, line 3: strike out the
words "held after the adoption of
tnis constitution."

The article on schedule, as amend-
ed, was adopted and ordered engross-
ed for a third reading.

On motion, adjourned until 10
o'clock tomorrow morning.

Twenty-seventh Day.

Lincoln, Friday, June 11, 1875.
The convention met pursuant to

(m NEBRASKA CONSTITUTIONAL CONVENTIONS

Friday;

Twenty-Seventh Day

[June 11

adjournment and as called to or-
der by the president.

The roll was called, and there were

PRESENT

Abbott,

Agur,

Becker,

Boyd,

Briggs,

Broady,

Brown,

Biirtch,

Calhoun,

Carns,

Clark,

Coates,

Conner,

Cummins,

Dawes,

Doom,

Eldrldge,

Ewan,

Foss,

Frady,

Garber,

Gere,

Grebe,

Grenell,

GrifRng,

Gwyer,

Hallner,

Hamilton,

Harper,

Harrington,

Hawley,

Hay ward,

Henry,

Hinman,

Hopewell,

Hunter,

Kendall,

Kirkpatrick,

Laird,

McPherson,

Manderson,

Martin,

Matthews,

Maxwell,

Munger,

Peery,

Pierce,

Pound,

Powers,

Rees,

Robertson,

Rogers,

Sauls.

Shedd,

Stevenson,

Thompson,

Thorne,

Vallery,

Van Wyck,

AValther,

Availing,

AVarrington,

Wilcox,

Zediker,

Mr. President — 65,

ABSENT.

Dunlap, Sterns.
Smith, Weaver — 4.

Mr. Gwyer, from the committee on
engrossment and enrollment, submit-
ted the following report:

[Report not supplied. — Ed.]
The article on seat of govern-
ment was read the third time and put
upon its passage, the question being.
Shall the article as read be adopted?

[Those voting in the affirmative
were]

Agur,

Briggs,

Broady,

Carns,

Clark.

Coates,

Conner,

Cummins,

Dawes,

Doom,

Ewan,

Foss,

Garber,

Gere,

Gwyer,

Hamilton,

Harrington,

Hawley,

Henry,

Hopewell,

Kirkpatrick,

[Those voting
were]

Abbott.
Becker,
Boyd,
Brown.
Burtch,
Eldridge,
Frady,
Grebe.
Grenell.
Griffing,

Laird,

McPherson,

Manderson,

Matthews,

Maxwell,

Munger,

Peery,

Pierce,

Pound,

Rees,

Rogers, •

Shedd.

Thompson,

Thorne,

Vallery,

Van Wyck,

AValther,

AVilcox,

Zediker,

Mr. President — 41.
in the negative

Harper,

Hinman,

Hunter,

Kendall,

Powers.

Robertson,

Sauls.

Stevenson,

Walling,

Warrington — 20.

Absent,

Calhoun,
Dunlap,
Hallner,
Hay ward,

Martin,
Smith.
Sterns.
AVeaver — 8.

A majority of the members of the
convention having voted therefor, the
article was adopted and referred to
the committee on revision and ad-
justment.

Mr. Manderson moved that the
rules be suspended and the article

CONVENTION OF 1875

663

Friday]

Twenty-Seventh Day

[June 11

entitled Schedule be recommitted to
the committee on schedule.

The yeas and nays being de-
manded, [those voting in the affirm-
ative were]

jLvirkpatrick,
Laird,
Manderson,
Matthews,
Peery,
Pierce,
Pound,
Rees,
Rogers, i
Shedd, j
Thorne,
Van Wyck,
^v alt her,
Wilcox,
Zediker,

Mr. President — 34.
voting in the negative

Hinnian,

Hunter,

Kendall,

MePherson,

Maxwell,

Munger, /

Powers,

Robertson,

Sauls,

Stevenson,

Thompson,

Vallery,

Walling,

Warrington — 2 7.
excess belongs to the
-Ed.]

Agur,
Coates,
Conner,
Cummins,
Dawes,
Doom,
Ewan,
Foss,
Garber,
Gere,
Griffing,
Hallner,
Hamilton,
Harrington,
Hawley,
Hetiry,
Hopewell,
[Those
were]

Abbott,
Becker,
Boyd,
Broady,
Brown,
Burtch,
Carns,
Clark.
Eldridge,
Frady,
Grebe,
Grenell,
Gwyer,
Harper,

[One in
affirmative.-

Absent,

Briggs, Martin,
Calhoun, Smith,
Duniap, Sterns,
Hayward, Weaver — 8.

Two-thirds of the in^embers not
voting therefor, the motion to sus-
pend the rules was lost.

Thereupon the article entitled

schedule was read a third time and
put upon its passage, the question
being: Shall the article as read be
adopted?

[Those: voting in the affirmative
were]

Abbott,
Agur,
Becker,
Boyd,
Broady,
Brown,
Burtch,
Carns,
Clark,
Coates,
Conner,
Cummins,
Dawes,
Doom,
Ewan,
Foss,
Frady,
Gere,
Grebe,
Grenell,
Gwyer,
Hallner,
Hamilton,
Harper,
Harrington,

[Those
were]

Maxwell,
Peery,
Powers,

Absent,
Briggs,
Calhoun,
Duniap,
Eldridge,
Garber,
Griffing,
Hayward,

Hawley,

Henry,

Plinman,

Hopewell,

Hunter

Kendall,

Kirkpatrick,

Laird,

MePherson,

Manderson,

Pierce,

Pound,

Rees,

Robertson,

Rogers,

Sauls,

Shedd.

Thorne,

Vallery,

Van Wyck,

Walther,

Warrington,

Wilcox,

Zediker,

Mr. President — 50,
voting in the negative

Thompson.
Walling — 5.

Martin,

Matthews,

Munger,

Smith,

Sterns,

Stevenson,

Weaver — 14.

, A majority of the members pres-
ent having voted therefor, the article
was adopted and referred to the com-
mittee on revision and adjustment.
Mr. Gere, from the committee on

im XKBKASKA (M)XSTITUTI()XAL COXVEXTIDXS

Friday]

Twonty-Scventh Day

[June 11

miscellaneous subjects, submitted the
following:

Mr. President, your committee on
miscellaneous provisions, to whom
was referred section 5 of the ar-
ticle heretofore submitted by them
with instructions to report it back
on an article for separate submission,
beg leave to report the same in ac-
cordance with such instructions.

The article was read a third time
and put its passage, the question
being, Shall the article as read be
adopted?

Attirmative,

Absent,

Abbott,

Briggs,

Calhoun,

Dunlap,

Grebe,

Hayward,

Martin,

Matthews,

Munger,

Smith,

Sterns,

Stevenson,

Weaver— 13.

Agur,

Hawle^',

JJCL KtJl ,

Hopewell,

J3 1 U d LI V ,

M axwell ,

Brown,

^NlcPherson,

Cams,

Peery,

Clark,

rierce.

Coates,

Pound,

Conner,

Powers.

Cummins,

Rogers,

Dawes,

Sauis,

Doom,

Shedd,

Eldridge,

Thompson,

Ewan,

Thorne,

Foss.

Vallery.

Cxere,

Van Wyck,

GrifRng,

Walther,

Hallner,

Walling,

Hamilton,

Wilcox.

Harrington,

Zediker— :3S.

[Those voting

in the neg

were]

Boyd,

Hunter.

Burtch,

Kendall,

Frady,

Laird,

Garber,

Manderson,

Grenell.

Rees,

Gwyer.

Robertson.

Harper,

Warrington,

Henry,

Mr. President-

Hinman,

1 7

Excused, Kirkpatrick.

I A majority of the members of the
I convention having voted therefor,
I the article was adopter! and referred
i to the committee on revision and
: adjustment.

! Mr. Van Wyck. from the com-
mittee on revision and adjustment,
submitted the following report:

State of Nebraska,

• Constitutional Convention.

June 10, 18 75.

The committee on revision and ad-
justment would respect-fully further
report that they have examined,
I First. The article on revenue and
I finance, and recommend that sec. 8
j be stricken out.

Second. The article [on] Miscel-
j laneous Provisions, and recommend
that sec. 2 be stricken out and the
'following inserted in lieu thereof.
"Any person who is in default as col-
lector or custodian of public money
or property shall not be elegible to
any ofhce of trust or profit under the
constitution or laws of this state. Nor
shall any person convicted of felony
be eligible to office unless he shall
have been restored to civil rights."

Add to section 1 "Unless he shall
have been restored to civil rights."

That section 3 be stricken out and
the following inserted: "That
drunkenness shall be cause of im-
peachment and removal from office."

Third. The article on legislative
apportionment, and recommend that
the words ' of this state" be stricken
but in senate district no. 12 and;
representative distri(:'t[s] 3 and 49. '

Fourth. The article on State,

665

Twenty-Seventh Day

[June 11

Friday]

Count5% and Munici]ial Indebtedness,
and recommend that sec. 4 be strick-
en out to be inserted in the article
on Miscellaneous Corporations.

Fifth. The article on Miscellan-
eous Corporations, and recommend
that the same be amended by adding:
Sec. 7.

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 held to an
amount equal to his respective stock
or shares so held for all its liabili-
ties accruing while he remains such
stockholder and all banking corpora-
tions shall publish quarterly state-
ments under oath of their assets and
liabilities.

Sixth. The article on municipal
corporations, and recommend that
the same be enrolled without amend-
ment.

C. H. A^AN WYCK.
The recommendations of the com-
mittee on revision and adjustment
were concurred in.

Mr. Van Wyck offered tlie follow-
ing resolution, which was adopted.

WHEREAS, Joseph Carber, a dele-
gate to this convention from the
county of Nuckolls, is county clerk
of said county and it is imjiortant he
should attend as such county clerk
at a district court to be held in said
county on Monday next,

RESOLVED, that he have leave of
absence indefinitely, and that the
president of this convention be
authorized to sign' his name to the
constitution now adopted by this con-
vention and awaiting enrollment.

Mr. Hay ward moved that when the
convention adjourn it be until Tues-
day next.

Mr. ^ amended by insert-

ing Monday in place of Tuesday.

Amendment lost

Original motion lost.

Mr. Van Wyck moved that Vae
enrolled articles be made a special
order for this afternoon at 2 o'clock;
which was agreed to.

On motion, adjourned until 2
o'clock p m.

Afternoon Session.

The convention was called to or-

der b v t h e

1 \ 1' p c i rl A 71 1

The roll

was called an:l there were

PRESENT

Abbott,

Hinman,

Agur,

Hopewell,

Becker,

Hunter,

JSoj^d,

Kendall,

Briggs,

Kirkpatrick,

Broady,

Laird,

Brown,

McPherson,

Manderson,

Calhoun,

Matthews,

Carns,

Maxwell,

Clark,

Munger,

Coatees,

Peery,

Conner,

Pierce,

Cummins,

Pound,

Dawes,

Powers,

Eldridge,

Rees,

Ewan,

Robertson,

Poss,

Rogers,

Frady,

Sauls,

Grebe,

Shedd,

Grenell,

Stevenson,

Griffing,

Thompson,

Gwyer,

Vallery,

Ha liner.

Van Wyck,

Hamilton,

Walther,

Harper,

Walling,

Harrington,

Warrington,

Hawley,

Wilcox,

Hayward,

Zediker,

Henry,

Mr. President — 60„

ABSENT.

Doom,

Gere,

Dunlap,

Martin,

Garber,

Smith,

im NEBRASKA CONSTITUTIONAL CONVENTIONS

Friday]

IVenty-Seventh Day

[June 11

Weaver — 9.

Sterns,
Thorne,

Mr. Gvvyer from the committee
on engrossment and enrollment,
presented tlie enrolled articles,
which were then read by the secre-
tary in the following order.

Article entitled Bill of Rights.

there shall be separately submitted
at the same time for adoption or re-
jection the independent article re-
lating to Seat of Government and
Che independent article, "allowing
electors to express their preference
for United States senators."

That section 10 be amended by
adding, "'For the article relating to
Seat of Government. Against the
Article entitled Judicial Depart- 1 article relating to Seat of Govern-
ment. { ment." For the article "Allowing
, „ ^ ^v, ^ 1,1 1 electors to express their preferences
Mr. Maxwell moved that the blanks, ^.^^.^^^ g^^^^^ senators." Against
in section 5, of the article entitled , ^lig article "Allowing electors to ex-
Judicial Department be filled as fol-: press their preferences for United
iows: States senator."

First blank, two years | That section 1 1 be amended by add-

Second blank, four years i ' after the word "constitution"

Third blank ^ix vears I ^'^^^ "^"^ against the

Third blank, six >ears. Articles respectivelv submitted."

Which was agreed to.

The article entitled Executive' ^hat section 12 be stricken out

i 'and the following inserted: "If it
Avas read. I shall appear that n majority of the

Manderson moved to fill blank ^ tution." then so much of this new con-
with the words, "first stitution as was not separately sub-

Mr
in section

Thursday after the first Tuesday;
which was agreed to.

mitt.ed to be voted on by articles shall
be the supreme law of the state of
Nebraska on and after the first day of
The articles entitled Rights of ; November. A. D., 1 8\ .5. But if it shall

Suffrage, Future Amendments, and
Railroad Corporations were read.

:Mr. Van Wyck. from the committee
on revision and amendment, submit-
ted the following report.

State of Nebraska,
Constitutional Convention,
June 11, 1875.

appear that a majority ot the votes
T)olled were "against the new consti-
tution," the whole thereof, including
the articles separately submitted shall
be null and void. If the votes "for
the new constitution" shall adopt the
same, and it shall appear that a
majority of the votes polled are for
the article relating to "Seat of Gov-
ernment," said article snail be a part
of the constitution of this state. If

The committee on reviaion and the votes "for the new constitution"
adjustment most respectfully fur- shall adopt the same, and it shall
ther report: | appear that a majority of the votes

First. That section 7 of article polled are for the article "allowing

on Schedule be amended by striking
out the words "first "Wednesday of
September" and, in lieu thereof. In-
sert "second Tuesday of October/'

Also, amend same section by add-
ing, after the figures 1875, "And

electors to express their preference
for United States senator" said article
shall be a part of the constitution of
tnis state.

That section 24 be amended by
striking out "attorney general" and

CONVENTION OF 1875

667

Friday

TAventy-Seventh Day

[June 11

inserting, in lieu thereof, "president
of this convention."

Second. The article "Allowing
electors to express their preference
for Tfnited States senator" to be
separately submitted, ana recommend
tliat the same be enrolled without
amendment.

Third. The article "Seat of Gov-
ernment" to be separately submitted
and recommend that the same be
enrolled without amendment.

C. H. VAN WYCK^

v^.xairmkn.

The report of the committee on
revision and adjustment being under
consideration, Mr. Abbott moved to
indefinitely postpone all the amend-
ments recommended by said com-
mittee.

A division on each amendment was
caied for and the yeas and nays de-
manded on each question.

The question being upon the adop-
tion of the first amendment, [those
voting in the aihrmative were]

Abbott,

Becker,

Boyd,

Brown,

Burtch,

Clark,

Eldridge,

Frady,

[Those voting

Greneil,

Hinman,

Hu liter,

Kendall,

Powers,

Walling,

Warrington-

the negative

were]

Agur,

Ewan,

Briggs,

Foss, .

Broady,

Gere,

Calhoun,

Grifl&ng,

Cams,

Gwyer,

Coates,

Hallner,

Conner,

Hamilton,

Dawes,

Harrington,

Doom,

Hawley,^

Du»l?lp,

' Hay ward,

Rogers,

Sauls,

Shedd,

Thompson,

Thorne,

Vallery,

Van Wyck,

Walther,

\ v ilcox,

Zediker,

Mr. President-

, — Ed.]

Henry,
Hopewell,
Kirkpatrick,
Laird,
Manderson,
Matthews,
Maxwell,
McPherson,
Munger,
Peery,

Pound, Mr. President — 44,

Rees,

[Pierce omitted

Absent,

Cummins, Robertson,
Garber, Smith,
Grebe, Sterns,
Harper, Stevenson,
Martin, Weaver— 10.

A majority of the members vot-
ing in the negative, the motion to
indefinitely postpone the first amend-
[ment] was lost.

The question being upon the sec-
ond amendment, [those voting in the
affirmative were]

Boyd,

Burtch,

Eidridge,

Frady,

Greneil,

[Those voting
were]

Abbott,

Agur,

Becker,

Broady,

Brown.

Calhoun,

Carns,

Clark,

Coates,

Conner,

Dawes,

Doom,

Dunlap,

Ewan,

Foss,

Gere,

Hawley,
Hinman,
Laird,
Pierce.

Warrington — 1 0 .
in the negative

Grifl3ng,

Gwyer,

Hallner.

Hayward,

Henry,

Hopewell,

Hunter,

Kendall,

Kirkpatrick,

McPherson,

Manderson,

Matthews,

Maxwell,

Munger,

Peery,

Pound.

0(kS XKBHASKA (H)NS11TUT1()XAL (OXX'KN^riONS

Friday]

Twenty-Seventh Day

[June 11

Powers, Vallery,

Rees, Van Wyek,

Rogers, Walther,

Sauls. Walling,

Shedd, Wilcox,

Stevenson, Zediker,

Thompson, Mr. President — 4 9.
Thorne,

[Hamilton, Harrington massing. —
Ed.]

Absent,

Briggs, Martin,
Cummins, Robertson,
Garber, Smith,
Grebe, Sterns,
Harper, Weaver — 10.

A majority of the members voting
in the negative, the motion to indefi-
nitely postpone the separate article
relative to the election of the [sic]
United States senator |"s] was lost.

The remaining amendments from
1 to 5 inclusive were concurred in.

:\Ir. Broady moved to insert the
words "the president of this con-
vention;" which was agreed to.

:\Ir. Maxwell moved to strike out
of sec. 18 the word October and in-
sert the word ^'-vember; which was
agreed to.

The question being, Shall the arti-
cle be enrolled? it was so ordered.

Thereupon the special order was
again taken up and the following en-
rolled articles: Education, Militia,
Counties were read.

Mr. Boyd offered the following res-
olutio; which was adopted.

RESOLVED, That tnis convention
will adjourn without day on Satur-
day, June 12, 1875.

That the secretary of tne conven-
tion be directed to at once make up
the accounts of the members to mat
date and have the state auditor draw

warrants for amount due each mem-
ber.

BOYD.

The following communication
from the secretary of state was re-
i ceived and read,
i Hon. J. L. W^ebster,

j President Constitutional Con-
! vention.

Sir. Pursuant to a resolution of
your honorable body, dated May 12th,
1875, addressed to this department,
I secured the services of one Charles
Carter to act in the capacity of jani-
tor to your convention hall.

i I would respectfully state to your
i convention that I have no funds what-
■ ever at my command to meet the ex-
pense of such work.

1 have the honor, therefore, to pre-
sent heievviih his account for labor
performed with the request that it
be audited and allowed.

I am sir.

Very respectfully,
I BRUNO TZSCHUCK,

I Secretary of State.

Mr. Hayward moved that the ac-
' count of the janitor be allowed at
two idoUars per day; which nvas
agreed to.

; Mr. Calhoun moved that the total
[bill for stationery be allowed; which
was agreed to.

Mr. (;rebe offered the following
resolution, which was laid on the
table.

I Rn:SOLVED, That the auditor of
I state be requested to, furuish this
convention, by 9 o'clock tomorrow
morning, a statement of all moneys
I expended, to whom and for what
j puri)ose, out of the fifty thousand
[dollars allowed by the last legisla-
ture for the relief of grasshopper
sufferers.

C^ONA'ENTION OF 1875

669

Fridjiy]

Twenty-SeA'enth Day

[June 11

Mr. Gere offered the following res-
olution :

Mr. President, the committee on ■
enrollment and engrossment respect- j
fully report that thcsy nave examined
the articles entitled Seat of Govern-
ment, and Schedule, and find the
same to be correctly engrossed.

WM. A. GWYER,,

Chairman.

RESOLVED, That the president be
authorized to draw vouchers for nec-
essary expenses in completing the
copying of the journal and constitu-
tion and preparing the same for de-
posit in the office of the secretary of
state, and expenses incurred in print-
ing ballots as provide i Ly the sched-
ule and the distribution of the same.

Mr. Van Wyck moved that the
resolution be committed to the com-
mittee on printing; which was
agreed to.

Mr. Broady offered the following
resolution:

RESOLVED, That this constitution
and the independent propositions in-
cident thereto be published one
[once] each week for two w^eeks in
every weekly newspaper in this state,
thirty days before the second Mon-
day in October, A. D. 1875.

Mr. Hayward moved to lay the
foregoing resolution on the table;
which was agreed to.

Mr. Hinman offered the folloAving
resolution:

RESOLVED, That the committee
on printing shall report by 9 o'clock
tomorrow morning the probable ex-
pense of printing 10,000 copies of the
constitution,

B. I. HINMAN.

ISlr. Boyd moved to amend by
striking out "10.000" and inserting
"50,000;' which was agreed to.

Mr. AVarrington moved to amend
so as to include cost of publishing in
pamphlet form; which was agreed to,

Mr. Broady also moved to amend
so as to include the cost of publish-
ing in the papers; which was agreed
to and the motion as amended was
adopted.

The convention then took a recess
until 5 p. m.

xVfter Kecess.

Convention called to order by the
president and on motion of Mr.
Briggs the convention adjourned un-
til 8 p. 111.

Kveiiiii^ Session.

The convention was called to or-
der by the president. •

The roll was called and there were

PRESENT

Abbott,

Griffing,

Agur,

Gwyer,

Becker,

Hallner,

Boyd,

Hamilton,

Briggs,

Harrington,

Broady,

Hawley,

Brown,

1:1 ay ward.

Burtch,

Henry,

Calhoun,

Hinman,

Carns,

Hopewell,

Clark,

Hunter,

Coates,

Kendall,

Conner,

Kirkpatrick,

Cummins,

Laird,

Dawes,

McPherson,

Doom,

Manderson,

Dunlap,

Matthews,

Eldridge,

Maxwell,

Ewan,

Munger,

Foss,

Peery,

Prady,

Pierce,

Gere,

Pound.

Grebe,

Powers,

Grenell,

Rees,

(J70 NEBRASKA CONSTITUTIONAL CONVENTIONS

Piklay]

Twenty-Seventh Day

[June 11

Robertson, Vallery,

Rogers, Van Wyck,

Sauls, Walther,

Shedd, Walling,

Smith, Warrington,

Sterns. Weaver,

Stevenson, Wilcox,

Thompson, Zediker.

Thorne, Mr.President, — 66.

ABSENT.

Garber, Martin — 3.

Harper,

The secretary proceeded with the
reading of the enrolled article on
Legislature.

Mr. Gere moved to change the
words "district court" to read "the
judicial district," and to change the
word their to "its"; which, was
agreed to.

Mr. Hawley offered the following
as an additional section to the legis-
lative article; which was ruled out
of order.

When any county shall be entitled
to more than one representative, the
county commlsfiioners shall divide
such county into as many districts as
Buch county shall be entitled to
representatives, which districts shall
be as near as may be of equal popula-
tion and of contiguous territory, and
each section shan elect one represen-
tative who shall be a resident there-
of.

HAWLEY.

Mr. Calhoun, from tlie committee
on printing, submitted r.io followins
report:

Your committee to whom was re-
ferred the resolution calling for the
probable cost of printing the con-
stitution beg leave to report that
taking the state contract as a basis,
we find that the cost of publishing
the constitution in pamphlet form

will be about $23.10-100 per thou-
sand, to which should be added 10
per cent on the total amount for
wastage and also the sum of $40.00-
100 for composition. This would
make about $29.10-100 for the first
ten thousand and about $2.54.19-100
for each subsequent ten thousand.

We further find that "flyers" will
cost about $25.00-100 per thousand.

Should it be deemed necessary to
print the same in more than o:ie
language, we find that it will cost
about $2.5.00-100 to translate; and
to this should be added the cost for
composition.

We recommend that a certain xi.xed
price be paid to each newspaper pub-
lishing the constitution, leaving it
optional with each publisher to pub-
lish at that price or not.

Your committee have also had un-
der consideration the resolution rel-
ative to copying the journal and pre-
paring the same for deposit in the
office of the secretary of state and we
recommend the adoption of the same.

S. H. CALHOUN,

Chairman.

Mr. Harrington offered the follow-
ing, which was ordered to be laid
on the table.

RESOLVEH. That, as members of
this convention, we condemn the
action of certain parties in their at-
tempt to foreBtaill public opinion,
seeking to prejudice the minds of the
people against the new constitution
in order to gratify selfish motives
and disappointed personal schemes.

RESOLVED, That we appeal to the
intelligence, candor and honesty of
the people, asking for the constitu-
tion a careful, thoughtful, and impar-
tial reading and an honest verdict
based upon the constitution itself;
and upon that verdict alone we rely
for a vindication of our work.

HARRlNGTO.\\

CONVENTION OF 1875

671

Twenty-Seventh I>ay

[June 11

Friday]

Mr. Manderson offered the follow-
ing resolution:

RESOLVED, That, recognizing the
efficiency and courtesy with which the
Hon. John L. Webster has presided
over the deliberations of the con-
vention, we feel that it is his due and
our privilege to extend to him our
hearty thanks.

RESOLVED, That the secretary of
this convention be, and he is hereby
instructed to transmit to Hon. John

L. Webster a copy hereof.

The question on the adoption of
the resolution being put by Mr. Man-
derson, it wa sso ordered.

Mr. Henry offered the following,
which was laid on the table.

RESOLVED, That the congress of
the United States is hereby memorial-
ized to make such changes in the laws
relating to naturalization as to per-
mit persons of foreign birth to be-
come citizens after a residence in
the United States of one year.

Mr. Abbott offered tne following
resolution :

RESOLVED, That the secretary of
state be authorized to have printed
in pampiixot form, brevier type, solid,
copy of the same to be prepared by
the secretary of this convention, 30,-
000 copies of this constitution in the
Engl-sh language, 15,Ouo in the Ger-
man language, 10,000 in the Scan-
dinavian, and 5,000 in the Bohemian
language — 60,000 in ail.

Mr. Main(?) moved to amend by
striking out 30,000 and inserting 20,-
000; which was agreed to.

Also, by striking out 15,000 and
inserting 8,000; which was agreed
to.

Also, by striding out 10,000 and

inserting 5,000; which was agreed
to.

Also, by striking out 5,000 and
inserting 3,000; which was agreed
to.

Mr. Hallner moved to strike out
the word Scandinavian and insert
the word Swedish,

Mr. Gwyer moved to amend by
dividing the number equally among
the Swedish and Danish.

Mr. Abbott moved that there be

ordered 2,000 copies in the Danish,
and 2,00 0 copies in the Swedish lan-
guage; which was agreed to.

Mr. Boyd moved to amend by add-
ing the following "and to be forward-
ed in equal numbers at the public
expense to the members of this con-
vention;" which was agreed to.

Mr. Abbott moved to further add
the words "under the direction of
the president and secretary of this
convention"; which was agreed to.

Mr. Rees moved that the constitu-
tion be ordered printed within twen-
ty days after the receipt of copy;
^v'hich was agreed to.

Mr. Broady offered the following
resolution.

RESOLVED, That ten dollars be
allowed each weekly newspaper in the
state that publishes the new consti-
tution complete thirty days before

the election in October next.

A motion to lay this resolution on
the table was lost.

Mr. Laird offered the following as
I substitute for the foregoing resou-
tion.

iu'2 XKBKASKA ('ONSTITUTIOXAL C0XVKXTI0N8

Friday]

T went y - S o v on t h Da y

[June 11

RESOLVED, [That] the secretary
of state is hereby authorized to pay
all weekly newspapers of this state
that publish two insertions of this
constitution witnin the next thirty
days the sum of fifteen dollars.

Mr! Robertson moved to amend by
striking out fifteen and inserting
twenty-five.

Mr. Hayward moved to amend tlie
amendment by striking out twenty-
five and inserting ten; wliicli was'
agreed to. I

The original motion as amended
was adopted.

The secretary tlien read the en-
rolled articles on State, County and
^Municipal Indebtedness, and ?iliscell-
aneous Provisions.

By consent, :\Ir. Manderson moved
to insert the following in the con-
stitution.

ARTICLE II.

Distiibiition of Powers.

Section 1. The powers of the gov-
erment of this state are divided into '
tnree distinct departments, the leg-
islative, executive and judicial, and
no person or collection of persons
being one of these departments, shall i
exercise any power properly belong-'
ing to either of the others, except as
Hereinafter expressly directed or per-
mitted^ j

Which was agreed to.
Mr. Boyd offered the following res-!
olution, which was adopted. |

RESOLVED, That the thanks of
this convention be tenaered to all the
state officers for the prompt and ■
courteous manner in which luey have '
responded to all the calls made upon '
them for information reiaung to their
department.

BOYD.

The secretary read the enrolled ar-
ticle on Municipal Corporations.

On motion. Mr. Henry was granted,
leave of absence, and the president
authorized to sign his name to the
new constitution.

Mr. Hinman moved a recess of
one hour; which was agreed to.

After Ilecess.

The convention was called to or-
der and the secretary read the en-
rolled articles on Revenue and Fin-
ance and Distribution of Powers.

^Ir. Van Wyck offered the follow-
ing resolution, which was adopted.

By Mr. Van Wyck.

RESOLVED^ That the thanks of
this convention are tendered the
secretary and otner officers and em-
ployees of the convention for the
prompt, faithful, and courteous dia-
cnarge of their dttties.

Mr. Calhoun offered the following
resolution, Avhich was adopted.

REcDwi^VL. , That the president be
authorized to sign vouchers in pay-
ment of claim of John HiDbs, at tlie
rate of two dollars per day, for tak-
ing care of and cleaning-out the
house during sessions of this conven-

The secretary then read the en-
rolled article on Schedule.

Mr. Cwyor offered tli(^ following
resolution, which was adopted.

RESOLVED, That the president
and secretary are hereby authorized
to issue the proper voucher on the
(auditor of state to the following
persons for the sum herein named
for services performed, viz:

George E. Cole, the sum of thirtr
dollars.

Mrs. J. B. Pettit, the sum of ten
dollars.

CONVENTION OF 1875

673

Saturday]

Miss Ella Ballentine, the sum of
five dollars.

Miss Emma Williams, the sum of
twenty dollars.

Adopted.

Mr. Gwyer, from the committee on
engrossment and enrollment, offered
the following:

The following is the arrangement
to be observed in preparing the con-
stitution for publication.

PREAMBLE.

Article 1.

Bill of Rights.

Article II.

Distribution of Powers.

Article III.

The Legislative Department.

Article lY.

Legislative Apportionment.

Aiticle V.

The Executive Department.

Article VI.

The Judicial Department.

Article A II.

Rights of Suffrage.

Article A III.

Education, School Fund and Lands.
Article IX.
Revenue and Finance.
Article X.
Counties.
Article XI
Corporations.
Article XII.
State, County and Municipal Indebt-
edness.

Article XIII.
Militia^

[June 12

Article XIV.

Miscellaneous Provisions.
Article XV.
Amendments to the Constitution.
Article XVI.
Schedule.

Propositions separately submitted
allowing electors to express their pre-
ference for United States Senator.

Seat of Government.

Mr. Manderson moved that the or-
der as reported be followed; which
was agreed to.

Mr. GMTer also offered the enroll-
ed constitution as ready for the sig-
natures of the members of the con-
vention.

:\Ir. Manderson moved that the
members now proceed to sign the
new constitution.

Mr. AValther moved that Mr. Weav-
er be authorized to sign the names of
Messrs. Sterns and Martin; which was
agreed to_

Thereupon the members proceeded
to sign the constitution as enrolled.

On motion, at 12:30 a. m., the
convention adjourned until 8:30 a.
m.

Twenty-eighth I>ay.

Lincoln, Saturday, June 12th,
1875.

The convention met pursuant to
adjournment, and was called to or-
der by the president.

The roll being called, there were

PRESENT.
Abbott, Hopewell,

Twenty-Eighth Day

674 NEBEASKA CONSTITUTIONAL CONVENTIONS

Saturday] Twenty-Eighth Day

Agur,

Hunter,

B6ck6r,

"K" o n H Q 1 1

±\.enQaii,

Boyd,

Kirkpatrick,

Briggs,

Laird,

Broady,

Manderson,

Brown,

Matthews,

Burtch,

Maxwell,

v_/a,iGouii,

McPherson,

Cams,

Munger,

v/iarK,

Peery,

Coates,

Pierce,

Conner,

Pound,

Cummins,

Powers,

Dawes,

Rees,

Doom,

Robertson,

jiiiiiiridge,

Rogers,

Ewan,

oauis,

Foss,

Q l-> ci r?

Frady,

oniim,

Gpre,

Stevenson,

Grebe,

Thompson,

XJTI clltili ,

1 llUl lit?,

Griffing,

Vallery,

Gwyer,

Van Wyck,

Hallner,

Walther,

Hamilton,

Walling,

Harrington,

Warrington,

Hawley,

AVilcox,

Hayward,

Zediker,

Hinman,

Mr. President — 6 2

ABSENT.

Dunlap, Martin,
Garber, Sterns,
Harper, Weaver — 7.

["Henry omitted. — Ed,]

Prayer by the Rev. Mr. Alexander.

Journal read and approved.

Mr. Brown offered the following
resolution:

RESOLVED, That when this con-
vention adjourn, it adjourn to meet
subject to the call of its president.

Mr, Stevenson moved to reconsider
the motion by which the convention
determined to adjourn sine die;
which was agreed to.

Mr. Laird moved to amend by add-
ing "PROVIDED, That in the event
of such meeting the members of such

[June 12

convention shall receive no compen-
sation."

Mr. Manderson moved to amend by
inserting the words "by written re-
quest of twenty (20) members."

Mr. Hayward moved to amend the
amendment by striking out "twenty"
and inserting "forty."

Both the amendment and the or-
iginal motion were lost,

Mr. Stevenson offered the following
resolution, which was adopted.

RESOLVED, That the thanks of
this convention are hereby extended
to the pastors who have officiated as
ciLaplains of this convoriioii.

Mr. Boyd offered the following res-
olution:

RESOLVED, That the constitutioit
as signed be declared the constitution
as adopted by this convention.

The yeas and nays being demand-

ed. those voting yea were

Abbott,

Hallner,

Agur,

Hamilton,

Becker,

Harrington,

Boyd,

Hawley,

Briggs,

Hayward,

Broady,

Henry.

Brown,

Hinman,

Calhoun,

Hunter,

Carns,

Kendall,

Clark,

Kirkpatrick,

Coates,

Laird,

Conner,

McPherson,

Cummins,

Manderson,

Dawes,

Matthews,

Doom,

Maxwell,

Eldridge,

Munger,

Ewan,

Peery,

Foss.

Pierce,

Frady,

Pound,

Gere,

Powers,

Crebe,

Rees,

Grenell,

Robertson,

C wycr,

Rogers,

CONVENTION OF 1875

675

Saturday]

Twenty-Eighth Day

[June 12

Sauls, Van Wyck,

Sh«dd, Vvalther,

Smith, Walling,

Stevenson, Warrington,

Thompson, Wilcox,

Thorne, Zediker,

Vallery, Mr. President- — 59.

Voting in the negative — None.

Absent,

Burtch, Plopewell,

Dunlap, Martin,

Garber, Sterns,

Griffing, Weaver — 10.
Harper,

[One in excess in affirmative lack-
ing in negative. — Ed.]

A majority of the members voting

in the affirmative, the resolution was
adopted.

On motion the 'president appointed
Messrs. Manderson, Conner and Laird
a committee of three to wait upon t'le
secretary of state and request his
presence to receive the enrolled con-
stitution.

Mr. Stevenson offered the follow-
ing resolution, which was adopted.

RESOLVED, That the thanks ot
this convention are hereby tendered
to the Hon. Wm. A. Gwyer, chairman
of the committee on engrossment and
enrollment, for the faithfulness witli
which he has discharged his duties as
such chairman.

49. The vote, by counties, on the adoption
of the constitution and on the separate ar-
ticle relating to the seat of government fol-
lows:

Constitution Capitol Coupon

Jor. Against. Por. Against

Adams 729 21 650 32

Antelope 235 8 14 238

Boone 75 6S 5 125

Burt 533 180 543 161

Buffalo 623 17 83 376

Butler 560 3 71 392

Cass 952 971 1432 212

Clay 786 3 773 3

Cedar 227 78 170 83

Colfax 630 19 107 510

Cheyenne ___ 264 6 47 36

Cuming 830 1 2 60 767

Dakota 262 35 7 5 227

The secretary of state th>en appear-
ed and received the constitution at
the hands of the president.

At 9:30 a. m., the convention ad-
journed without day^

E. S. W^

I hereby certify that the within is
the original journal of the proceed-
ings of the constitutional convention,
held at Lincoln, Nebraska, and begun
on May 11th, 1875, and ending June
12th, 1875.

GUY A. BROWN,

Secretary.

The number of votes in favor of
the constitution was 30,332; against^
5,474. On the separate article relat-
ing to the location of the capital Ihe
vote was 20,141 for, and 12,547
against; on the separate article allow-
ing electors to express their prefer-
ence for candidates for the office of
United States senator, 25,05 9 for,
6,2 70 against.49

On the 30th of December, 1875,
Governor Garber issued a proclama^^
tion declaring that the constitutioiL
had been adopted.

Dawson 313 2 42 268

Dixon 363 4'^ 250 43

Dodge 859 218 769 229

Douglas 1883 350 406 1667

Fillmore 642 10 604 ^7

Franklin 382 5 103 230

Frontier _._ 32 __ 32

Furnas 266 5 164 85

Gage 633 215 627 146

Greeley 42 __ 3 41

Gosper 20 1 19 1

Hamilton __ 811 5 182 607

Hall 949 4 1 949

Harlan 321 9 170 97

Howard 227 8 211

Hitchcock 21 5 5 21

Jefferson __ 498 50 448 17

Johnson 568 127 560- 48

Kearney 143 1 4 141

<)/()

XKIULVSKA CONSTITUTIONAL OOXVKXTK )XS

Kfith 30

Knox 243

J.anc-astor — 2110

T.iiiroln 463

Madison 269

MtTrick e33

Nemaha ... 913

NtKk-oll? 144

Otoe 640

Pawnee 525

Pieree Ce

Platte 617

Polk 537

Phelps 44

Red Willow. 98

Richardson _ 1991

Saline 12S1

Sarpy 118

Sauiider? 1110

Seward 928

Sherman 60

Stanton 44

108
16

116
19

161
1

980

143
47

60
34
294
192

30
91
2152
2&«
2
'35
1005
107
923
405

1913

sso

147
1041
9«30
1

147
24
60
686
635
35
4

E02
72
117
518
544
38
30
79
S3
132
127
56
41
125

Thayer

Valky

Washington _

Wayne

Webster

York

335
€5
166

766

10
13
602
1
9

329
12
380
718

174

63
167
47
18

! Total 30,332 5,474 20,141 12,547

I The counties of Chase, Dunny and Kolt,
though included in the apportionment of dele-
gates to the ronvention did not participate
in the election for the udoption of the ,con-
stitutioD. The boundaries of Chase and
Dundy were defined by act of the legislature.
February 27. 1873. and the boundary of Holt
by the act of March 8, of the same year; but
Chase was not organized until April 24, 1SS6.
Dundy until June 32. 18S4, and Holt until
July 13, 1876: and each participated in a gen-
eral election for the first time in the year
in which it was organized.— Kd.

yOTE.

Til the list of members of the convention,
volume 1. pae-es lU-2'i. errors occur as fol-
lows: D. J. SlcCann is assigned to the third
seiitatorial. instead of the third representa-
tive di-tiiot: Samuel Maxwell to the fourth
repres.iJtative. instead of the fourth sena-
torial di>tnct: J. D. >eligh to the twentieth
senatorial in.-toad of the twentieth representa-
tive district: Jacob Sliaff to Savmders county
and the ninth representative district instead
of Richardson county and the first represent-
ative district: E. W. Thomas to the fourth,
instead of the second senatorial district.

Fift^^eii of the members were democrats,
namely: Boyd, Campbell. Eaton, Grenell,
Hinman. Newsom. Scofield, Shaff, Spicer,
Stevenson, Thomas. Towle, Yifquain. Wake-
ley. Woolworth. Contemporary newspapers
classed Shaff and Towle as republicans; but
in a letter to the editor, dated May 8, 1913,
Mr. Towle says that they Avere elected as
democrats. Mr. Towle voted with the repub-
lican.s in the organization of the Nebraska
house of representatives in 1873 and in the
election of a United States senator in -he
leeislature of 187."):— Ed.

1897

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