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About The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current | View Entire Issue (Oct. 10, 1938)
MONDAY, OCTOBER 10, 1938. PLATISIIOUTH SEMI - WEEKLY J0TTRI7AL PAGE THREE V LEGAL; NOTICE XS TO MEASURE TO BE VOTED UPON NOVEMBER 8, 1938 The fnllonMnf amendment to the Constitution of the State of Ne braska will be submitted to the electors of this State for approval or . rejection at the general election to be held November 8, 19os: Be it Enacted ly ths People of the State of Nebraska: '. V Spotinn'i. That nt the general election in November. 1938, there shall be submitted to the electors of the State of Nebraska for approval or rejection upon a ballot separate from that upon which the names oz candidates appear the following amendments to the Constitution which are hereby proposed, by the .Legislature: 'AMENDMENT A r Section 1. That Section 1, Article IV, Constitution of Nebraska, be amended to read as follows : Section 1. The executive officers of the state shall be the Governor, T.Tentennnt Rovernor. Secretarv of the State. Auditor of Public Accounts Treasurer, Attorney General, Superintendent of Public Instruction and the heads.of such other executive departments as may De esiaDiisnea ey for the rjlacine of the above named officers as heads over such departments of government as it may by law create. The Governor, Lieutenant Governor and Auditor of Public Ac counts shall be chosen at the general election held in November, 1940, for a term of two years, and in November, 1942, and every lour years xnere after, and. commercing in 1943, their term of office shall be four years and until their successors shall be elected and qualified. The Superintend ent of Public Instruction shall be elected in November, 1942, and every four years thereafter, and his term of office shall be four years and until his successor shall be elected and qualified. The records, book3 and papers of all executive officers shall be kept at the seat of government, and such officers, excepting the Lieutenant Governor, shall reside there during their respective terms of office, umcers in me executive depart ment of the state shall nerform such duties as may be provided by law, On or after the first Thursday after the first Tuesday in January and before the first day of Februarv, 1941, for a term of two years from the first Thursday after the first Tuesday in January, 1941, and on or after the first Thursdav after the first Tuesday in January and before the first day of February in the year 1943 and every four years thereafter for a term of fnnr venr from the first Thursday after the first Tuesday in January, and until their successors shall be appointed and qualified, the Governor, with the consent or three-ntths oi an tne memDers eiectea to the Les-islatnre shall aimoint a Tax Commissioner, an Attorney uenerai a Secretary of State and a state Treasurer. Said officers so appointed may be removed by the Governor during their terms for causes provided Dy xnis VonsiitULl'jn. xnv resptri:Livc ruuicii&auuua ui nam appointed stall be as provided by law. The heads of all offices established by this Constitution, or which may be established by law, other than those to be elected or appointed as provided above herein, and whose appointment or election is not otherwise bv law or herein provided lor, shall be appointed by the Governor, with the consent of three-fifths of all the members elected to the Legislature, but omcers so apnomtecmay be removed for cause bv the Governor. No such officer shall be appointed or elected by the Leeislature. Subject to the provisions of this Constitu tion, the heads of the various executive or civil departments shall have power to appoint and remove all subordinate employees in their respective departments. The Legislature may, by law, assign to the Auditor of Public Accounts the supervision of the accounts of the several govern mental subdivisions of the state. The Attorney General, Secretary of State and the stats Treasurer, chosen at the general election in November. 1938, shall each hold over his respective term until his successor shall be appointed and qualified. No person shall be nominated at the primary election in 1940 or elected at the general election in November. 1940 to the offices of Attorney General. Secretary of State or state Treasurer. and from and after the time their successors shall be appointed and qualified in 1941, each of said offices as an elective constitutional execu tive state office is hereby abolished completely and shall be an appointive institutional executive state office. Sec. 2. That Section 2, Article IV, Constitution of Nebraska, be amended to read as follows Sec. 2. No person shall be eligible to the office of Governor, Lieuten ant Governor or Auditor of Public Accounts who shall not have attained , the age of thirty years, and who shall not have been for five years next Drecedme his election a resident and a citizen oi this state and a citizen of the United States. None of the officers mentioned in this article shall be eligible.to any other state office during the period for which they have been elected or appointed. Sec. 3. That. Section 3, Article IV, Constitution of Nebraska, be amended to read as follows Sec. 3. The Governor, Lieutenant Governor and Auditor of Public Accounts shall be ineligible to their offices, respectively, for four years next after the expiration of any four year term for which they were elected. Sec. 4. That Section 21, Article IV, Constitution of Nebraska, be amended to read as follows Sec. 21. If the office of auditor of public accounts, or superintendent of public 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 shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law. Sec. 5. That Section 28, Article IV, Constitution of Nebraska, be amended to read as follows: Sec. 28. The Tax Commissioner shall have jurisdiction over the administration cf the revenue laws, of the state, and together with the Governor, Secretary of State, State Auditor and State Treasurer shall have power to review and equalize assessments of property for taxation within the state. See. 6. That Section 3, Article XVII, Constitution of Nebraska, be amended to read as follows : Sec. 3. Until otherwise provided by law the following salaries shall be paid: Chief Justice, Judges of the Supreme Court and Governor, each $7,500 per annum; Judges of the District Court, and the Secretary of State, Auditor of Public Accounts, Treasurer and Attorney General, while elective officers, Superintendent of Public Instruction and members of the State Railway Commission, each $5,000 per annum. The Lieutenant Governor shall receive twice the compensation of a member of the Legislature. . Sec. 7. That Section 10, Article IV, Constitution of Nebraska, is hereby repealed. Sec. 8. That an additional section be inserted in Article XVII, Con stitution of Nebraska, as. follows: Sec. 10. This amendment (1938) shall be self-executing and legisla tion authorized hereby shall be supplemental hereto; a"hd this amend ment, except a.3 otherwise herein specifically provided, shall be in full force and take effect on the first Thursday after the first Tuesday in January, 1939. . AMENDMENT B Section 1. That Section 1, Article VII, Constitution of Nebraska, te amended to read as follows: Section 1. The Governor, Secretary of State, Treasurer, Attorney General, and Superintendent of Public Instruction shall, under the direc tion of 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 prescribed by law. Sec 2. That an additional section be inserted in Article XVII, Con stitution of Nebraska, as follows: Sec 11. This amendment (1938) shall be self-executing, and after it becomes effective, all statutes and laws and provisions' of this Constitu tion referring to the present Board of Educational Lands and Funds shall mean and include, while in effect, said board of commissioners, the Board of Educational Lands and Funds, as constituted hereby; and this amend ment shall be in full force and take effect on the first Thursday after the first Tuesday in January, 1939. y AMENDMENT C Section 1. That Section 13, Article IV, Constitution of Nebraska, be amended to read as follows: Sec. 13. The Governor, Superintendent of Public Instruction and Auditor of Public Accounts shall constitute a board to be known as the Board cf Pardons, of which the Governor shall be chairman. Said board, or a majority thereof, shall have power to remit fines and forfeitures and to grant commutations, pardons and paroles after conviction and judg ment, under sach conditions as may be prescribed by law, for any offenses committed against the criminal laws of this state except treason and cases of Impeachment. But no fine or forfeiture shall be remitted, and no commutation, pardon or parole granted except upon the approval of a majority of the board after a full hearing in open session, and not until notice of the time and place of such hearing, and of the relief sought, shall have been given by personal service thereof upon the judge of the court by which the sentence was pronounced and the county attorney of the county where the offense was committed.' Provided, however, the Governor shall have power to grant respites or reprieves in all cases of conviction for offenses against the laws of the state, except treason and cases of impeachment, but such respites or reprieves shall not extend beyond the next meeting cf the Board of Pardons, and in no case for a greater period than thirty days. The proceedings and decisions shall be reduced to writing, and with the reasons for such action in each case, signed by the members of the board concurring therein, and with all papers used upon the hearing including the dissent of any member who may not concur, shall be filed in the office of the Auditor of Public Ac counts. The Governor shall communicate to the Legislature, at each regular session, each case of remission of fine, forfeiture, reprieve, com mutation, pardon or parole, granted since the last previous report, stating the name of the convict, the crime of which he was convicted", the sentence and its date, and the date of remission, commutation, pardon, parole or reprieve, with the reasons for granting the same, and the objections, if any, of any members of the board made thereto. The board shall have power to suspend the execution of the sentence imposed for treason until the case can be reported to the Legislature at its next session, when the Legislature shall either grant a pardon, or commute the sentence or direct the execution,or grant a further reprieve. Sec. 2. That an additional section be inserted in Article XVII, Con stitution of Nebraska, as follows : Sec. 12. This amendment (1938) shall be self-executing, and after it becomes effective, all statutes and laws referring to the present Board of Pardons shall mean and include, while in effect, the Board of Pardons as constituted hereby; and this amendment shall be in full force and take effect on the first Thursday after the first Tuesday in January, 1941. AMENDMENT D Section 1. That Article IV, Constitution of Nebraska, be amended, said amendment to be known a d numbered as follows: Sec. 29. Every elective coi -j titutional executive officer of the state is subject to recall by the legal voters of the state. Upon the filing of a petition for recall of such an officer signed by electors to the number of at least twenty-five per cent of the number of electors who voted in the state at the preceding election at which a governor was elected, setting ' forth the reasons for said demand, if such officer shall offer his resigna tion, it shall be accepted and take effect on the day it is offered, and the vacancy shall be filled as may be provided by law. If he shall not resign within .five days after such petition is filed, the proposal to determine whether the people will recall him shall be submitted on a separate ballot at the general election held in November, 1944 or every four years there after: Provided, no special election shall be called to determine the ques tion of recall. On the ballot at said election shall be printed in not more than two hundred words the reasons for demanding the recall of said officer as set forth in the recall petition, and, in not more than two hundred words, the officer's justification of his course in office. The incumbent shall continue to perform the duties of his office until the result of said election shall be officially canvassed and declared by the Legislature. In case an officer shall be recalled by a majority vote of the electors voting thereon, his office shall be declared vacant and said vacancy shall be filled immediately in the manner provided by law for filling a vacancy in that office arising from any other cause. The recall petition shall be filed with the officer with whom a petition for nomination to such office should be filed. No recall petition shall be circulated against any officer until he has actually held his office six months.. Supplemental legislation which may aid the operation of this section may be enacted. Sec. 2. That an additional section be inserted in Article XVII, Con stitution of Nebraska, as follows: Sec. 13. .This amendment shall be in full force and tLL- effect on the first Thursday after the first Tuesday in January, 1941. Sec. 2. That all of the foregoing proposed amendments, A to D, inclusive, to the Constitution shall be submitted to the electors at said election upon one ballot separate from that upon which the names of candidates appear, after publication once each week for four weeks in at least one newspaper in each county where a newspaper is published immediately preceding said election. Said ballot for the submission of said proposed amendments shall be in the following form: "PROPOSED CONSTITUTIONAL AMENDMENTS "FOR an amendment to the Constitution of the State of Nebraska, amending Sections 1, 2, 3, 21 and 28, Article TV, and Section 3, Article XVII, and repealing Section 10, Article IV, to provide that the elective constitutional executive officers of the State of Nebraska shall, after the first Thursday after the first Tuesday in January, 1941, be the Governor, Lieutenant Governor and Auditor of Public Accounts; that the offices of Attorney General. Secretary of State and state Treasurer shall not, after the expiration of theif terms commencing in January, 1939, be elective constitutional executive state offices and that said offices and the office, of Tax Commissioner shall thereafter be appointive constitutional executive state offices; that said appointive offices shall be filled by appointment by the Governor with the consent of the Legislature and that the terms of said appointive offices shall ba for four years, respectively, unless the incumbents thereof are sooner removed for cause by the Governor; to provide for the appointment and removal of other constitutional officers not mentioned above in the same manner except as otherwise provided -by law; to prohibit election or appointment of such officers by the Legislature; to provide that the Governor, Lieutenant Governor and Auditor of Public Accounts shall ba elected m November, 1940," each lor a term of two years, and in Novembsr, li42 and every four years there after, each for a term of four years with a prohibition against the same person holding any of said offices for consecutive terms after 1943; to provide that the salaries of appointive constitutional executive state officers shall be as provided by law; that vacancies in elective offices shall be filled by the Governor; to prescribe qualifications for elective execu tive state officers; and to provide that this amendment shall be self executing and effective, except as otherwise herein specifically set forth, on the first Thursday after the first Tuesday in January, 1939. ' "AGAINST an amendment to the Constitution of the State of Ne braska, amending Sections 1, 2, 3, 21 and 28, Article IV, and Section 3, Article XVII, and repealing Section 10, Article IV, to provide that the elective constitutional executive officers of the State of Nebraska shall. after the first Thursday after the first Tuesday in January, 1941, be the Governor, Lieutenant Governor and Auditor of Public Accounts; that the office of Attorney General, Secretary of State and state Treasurer shall net, after the expiration of their terms commencing in January, 1939. be elective constitutional executive state offices and that said offices and the office of Tax Commissioner shall thereafter be appointive consti tutional executive state offices; that said appointive offices shall be filled by appointment by the Governor with the consent of the Legislature and that the terms of said appointive offices shall be for four years, respec tively, unless the incumbents thereof are sooner removed for cause by . the Governor; to provide for the appointment and removal of other con stitutional officers not mentioned above in the same manner except as otherwise provided by law; to prohibit election or appointment of such officers by the Legislature; to provide that the Governor, Lieutenant Governor and Auditor of Public Accounts shall be elected m November, 1940, each for a term of two years, and in November, 1942 and every four years thereafter, each for a term of four years with a prohibition against the same person holding any of said offices for consecutive terms after 1943; to provide that the salaries of appointive constitutional executive state officers shall be as provided by law: that vacancies in elective offices shall be hlled by the Governor; to prescribe qualifications for elective executive state officers; and to provide that this amendment shall be self -executing and effective, except as otherwise herein specifically set forth, on the first Thursday after the first Tuesday in January, 1939. "FOR an amendment to the Constitution of the State of Nebraska amending Section 1, Article VII, and providing that, the Superintendent of Public Instruction shall, from the first Thursday after the first Tues day in January, 1939, be a member of the board of commissioners, com monly known as the Board of Educational Lands and Funds. "AGAINST an amendment to the Constitution of the State of Ne braska amending Section 1, Article VII, and providing that the Super intendent of Public Instruction shall, from the first Thursday after the first Tuesday in January, 1939, be a member of the board of commission ers, commonly known as the Board of Educational Lands and Funds. "FOR an amendment to the Constitution of the State of Nebraska -amending Section 13, Article IV, and providing that the Governor, Super intendent of Public Instruction and Auditor of Public Accounts instead of the Governor, Attorney General and Secretary of State shall consti tute the Board of Pardons from the first Thursday after the first Tuesday in January, 1941. "AGAINST an amendment to the Constitution of the State of. Ne braska amending Section 13, Article IV, and providing that the Governor, Superintendent of Public Instruction and Auditor of Public Accounts in stead of the Governor, Attorney General and Secretary of State shall con stitute the Board of Pardons from the first Thursday after the first Tuesday in January, 1941. "FOR an amendment to the Constitution of the State of Nebraska authorizing the recall of elective constitutional executive state officers by the electors after the year 1943 at general elections held in 1944 and every two years thereafter when such officers fail to resign upon the filing of a petition for their recall signed by electors to the number of twenty-five per cent of the number which voted for Governor at the pre ceding election. "AGAINST an amendment to the Constitution of the State of Ne braska authorizing the recall of elective constitutional executive state officers by the electors after the year 1943 at general elections held in 1944 and every two years thereafter when such officers fail to resign upon the filing of a petition for their recall signed by electors to the number of twenty-five per cent of the number which voted for Governor at the pre ceding election. 1 HARRY R. SWANSON, " Secretary of State. "WHITE SPOT" GREAT AID LINCOLN, Oct. 6 (UP) Nebras ka's "white spot" advertising cam paign as its most important con tribution to date has stipulated in creased pride by Nebraskans in their state, J. M. Harding, assistant pub lisher of the Omaha 'World-Herald told the Associated Industries of Ne braska today. "Today, as never before," he said, "there is unity in the state and every part of the state takes pride in its accomplishment." Turning to material benefits from j the nationwide "White Spot" adver tising, he said: "The industries are coming and I predict far greater tangible results next year than ever shown this year." Harding asserted that the "atten tion which . the campaign has at tracted has been out of all propor tions to the expenditures." He de scribed the sum raised as "modest." Senator Norris is Not to Seek Election Again Nebraska Has Honored Veteran Law maker to Limit Has Achiev ed Many of Objectives NEW KING KNOWN HERE From Saturday's Daily Plattsmouth people were much in terested last evening to learn that the new king of Ak-Sar-Ben was W. O. Swanson, secretary of the Ne braska Clothing Co., one of the old business houses of that city and who was here the past month as a guest at the coronation of King Korn IV. A number of Plattsmouth people were at the coronation at Omaha and enjoyed very much the beautiful spectacle that had been arranged for the reception .of ; the new "king and queen. FORD ADDS NEW CAE DEARBORN, Mich.. Oct. 6 (UP) A new car was added to the line manufactured by the Ford Motor Company today with the announce ment by President Edsel Ford of a V type 8 cylinder car to be known as the Mercury. The car, most powerful ever mar keted by the Ford Company will re ceive its first exhibition at the New York automobile show. It will be priced between the current Ford and Lincoln Zephyr models. Ford said the Mercury 8 would have hydraulic brakes. JTJESENSEN CASE OCT. 18 LINCOLN. Oct. 8 (UP) Former Lieutenant Governor Walter H. Jur gensen's appeal from an embezzle ment conviction will be heard by the supreme court October 18, it was an nounced today. , Jurgensen was found . guilty of embezzlement by a Lancaster county district court jury last March 7 and was given a two to five year peni tentiary sentence. His appeal auto matically suspended execution of the sentence. The high court removed Jurgensen from office last June. WEAVER CONFERS WITH NORRIS McCOOK, Neb., Oct: 6 (UP) For mer Governor Arthur J! Weaver of Falls City, president of the Missouri River Navigation association con ferred here today with U. S. Senator George W. Norris. It was reported Weaver came to seek Norris' aid in securing approval of a PWA grant for construction of docks at Omaha to cost about $2,500,000. PRESENTED WITH GIFT Ed W. Thimgan, who has been employed as a foreman at the stone quarries west of Weeping Water, was honored by the employes there this week. Mr. Thimgan has resigned his position and the men as an expres sion of their esteem presented him with a camera. RETURNS FROM DES MOINES From Saturday's Daily Mrs. James Bultn, who has been spending the week with her son-in- law and daughter, Mr. and Mrs. R. D. Schafer and family at Deft Moines, returned home last evening. McCOOK, Nebr.. Oct. 6 (UP) U. S. Senator George W. Norris, Ind., Nebraska, father of the "Little TV A" and regarded for 28 years as a lead er of the progressive movement in congress, will not seek re-election after his present term expires in 1942, be announced bere today. "You know, I know, and God knows that I've made my last race," the 77-year-old veteran said. "I am serving my last term. I am making my last fight." "I have nothing further to ask of the Nebraska electorate. There is nothing you can give me," Norris told a small church meeting last night. "I want your good will, but I am not seeking your vote." Today Norris amplified his re marks. He pointed out that he has achieved most of his major objec tives. Through years of constant ef fort the Tennessee Valley authority is becoming a reality. Similar pro jects are under construction in many states including Nebraska. Years ago he won his battle for the direct election of senators. Through his efforts, Nebraska has a unicameral, or one house legisla ture the only one of Its kind in the union. He feels, Norris said, that his fight against monopoply has been a winning one, but that this fight must go on unceasingly. - Age, Norris indicated, is the rea son for his determination not to seek re-election. He will be SI when his present term expires. MORE CANDY LESS DRINK TORONTO, Oct. 6 (UP) If a man eats chocolates and sweet des serts with enthusiasm the chances of him becoming a heavy drinker are remote. Sir Edward Mellanby, Brit ish neutrition authority said in a lecture here today. You usually find that those who drink alcohol leave chocolates and sweets alone and vice versa," he said. PREPARE FINANCIAL REPORT LINCOLN, Oct. 6 (UP) The state fair board received its first financial report on the 1938 Nebraska fair at the monthly meeting today. President W. B. Banning of Union said that since the board would be in session all day a statement would not be released until tomorrow. The board was to consider its budget for the 1939 exposition, allowing claims and transacting other business. From Thursday' Daily Fred Ochsenbein of Omaha, state manager for the U. S. Fidelity and Guarantee company, was a business visitor in Plattsmouth yesterday. He was accompanied by Pray Gardner, state agent for the American Alliance Insurance company. Mr. and Mrs. Paul ITelsel. of Pekin. Illinois, are in the city for a visit at the home of Mr. and Mrs. William Kief, the latter a sister of Mr. Heisel. The Heisel family are on route to Portland, Oregon, to make their future home. From Friday's Daily Mr. aJid Mrs. Charles Read of Mur ray were visiting in Plattsmouth yes terday. Mrs. C. A. Jones of Belden. Ne braska is visiting here with Mr. and Mrs. Everett Pickens. Mrs. ones is the mother of Mrs. Pickens. Miss Gerda Peterson was a visitor in Omaha today where she spent a few hours attending to some matters of business and visiting with friends. Miss Ilia KIrker and Miss Uer nice Kirker of Ashland, who have been visiting at Pacific Junction at the Charles Long home, returned to this ity today. From Saturday's Daily J. H. Fowler of Omaha was a business visitor in Plattsmouth yes terday. Mrs. Charles Currier of Cleveland, Oklahoma is a guest here at the home of Will Streight. Miss Verna Leonard attended the state library convention held in Fre mont the past three days. Mrs. Alice Andrews of Omaha is spending the week-end here with her mother, Mrs. S. E. Kerr. Mrs. M. S. Kerr left today for Lincoln where she will visit with Mr. Kerr at the Veterans', hospital there. Don Cotner, student at Tarkio col lege, was here today to visit at the home with his parents. Mr. and Mrs. C. C. Cotner. Mr. and Mrs. August Kopp were in Omaha today where they visited with friends and looked after some mat ters of business. Miss Marie Kaufmann, who has been at Genoa, Wisconsin, attending the funeral of a cousin, returned home this morning. Thomas Gradoville. who is en gaged In work for the Burlington at West Burlington, Jowa, arrived home this morning, for a visit over the week-end with his family. CHICAGO UNI. INVITES BENES CHICAGO, Oct. 8 (UP) The Un iversity of Chicago today invited Edouard Benes, former president of the Czechoslovakia Republic to be come a visiting member of its faculty as a lecturer on democratic insti tutions. The invitation, issued by President Robert M. Hutchins was cabled to Benes through Wilbur Carr, U. S. minister to Czechoslovakia. It was recalled that Thomas Masaryk, found er of the Czech Republic was a visit ing lecturer to the University of Chicago from 1901 to 1903. Meanwhile a dispatch from Prague asserted that Benes intended to re main in Czechoslovakia as a private citizen regardless of what the future holds. ROB OMAHA COUPLE BALLOON TRAVELS FAR WAIIOO, Nebr., Oct. 6 (UP)-On September 22, 1938, Ray Crinklaw, of "Wahoo released a toy balloon with a message and his name attached. Five days later the balloon was found by Laverne Ottem, Saskatoon, Saskatchewan, 1000 miles from Wahoo. OIL WELL GOES FREAKISH WILLOWS, Cal. (UP) Willard No. 1 oil well here is advanced as probably the only oil well in the world that ever produced refined oil. A barrel of oilwhich had been suck ed down into the crater when the well blew in last January, was dis gorged intact. BOY OF 12 PICKS LOCKS SAN JOSE, Cal. (UP) Police are hoping that a 12-year-old boy here will not be allowed to follow a voca tional instinct. He was charged with having stolen 12 padlocks off neigh borhood garages. "I found I could pick locks easily," he explained. "and so I took them Just for fun." OMAHA, Oct. 6 (UP) Two mask ed bandits apparently knowing the habits of their prey, shortly before midnight Wednesday held up and robbed Dr. Paul Jin.kniess, a veter inarian and his wife in front of their home escaping with jewelry valued at $3,000 and $35 in cash. The bandit car followed the Juckniess car into their garage. One bandit tMld, "All right. Doc. where's your ring?" 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