'-i
JUNE, 1921
The Commoner
i !7r'"v itiP"'- ,
The People's Will Overridden
One the 4th May the city of Lincoln, Neb.,
Iield its biennial election of Ave commissioners
to conduct the municipal government. Of the
ton candidates three, Charles W. Bryan, Frank
0. Zehrung and George C. Mason were openly
Keeking the mayoralty. Three of the ten were
men who were up for re-election, and it was
generally conceded that these would be elected
. They disavowed any desire to be mayor, but
openly stated they wished to be retained in the
various capacities which they had been filling.
Under the commission form of government
the people do not vote direct upon mayor, but
in all elections those who seek this honor and
responsibility indicate that fact, and tho contest
ifl this instance, was openly between the three
men named. Mr. Mason was eliminated in the
final election, but both Mr. Bryan and Mr.
Zehrung were elected. Mr. Bryan alone of these
two polled a majority of the votes cast, having
n over 650 more than Mr. Zehrung. Hundreds of
Mr. Bryan's supporters voted for the other three
who were elected assum'ng that they would
take the result upon the mayoralty as an instruc
tion, as had always been the case in the past,
Two of them, in fact, had stated to inquirers
that they would support for mayor the man who
received the highest vote.
When the newly-elected board met to select
n mayor, all four of them, including Mr. Zehrung
voted for the latter for mayor, and assigned Mr.
Bryan to the unimportant position of head of
the streets and public improvements department.
In this way they disfranchised the majority of
the voters, and disregarded their openly ex
pressed wish that Mr. Bryan be chosen mayor.
A recall movement is now under way.
The reason given by the commissioners for
their flouting of the public will and for their
embezzlement of power was that everybody knew
the electors were not voting for mayor and that
the law gave the commissioners the power and
duty of electing tho mayor.
The real reason was that the business in
terests of the city were determined to prevent
the selection of Mr. Bryan because he had been
elected on a platform that promised the people
relief from extortionate and profiteering prices.
He pledged himself to use his efforts to secure a
municipal coal yard, a municipal ice plant and a
municipal market, and to take such other steps
as would break the power of the combination
of business interests in the city. Mr. Zehrung
was chosen instead because Mr. Zehrung had no
views on issues and no platform and when mayor
six years before had shown his sympathy with
the cause of business by refusing to prosecute a
coal dealer who had been caught by city officials
selling coal short weight.
To the protests of citizens the commissioners
responded that as a member of the council Mr.
Bryan would still have the power to propose
ordinances to remedy the existing conditions,
. but the insincerity of this plea is evidenced by
the fact that if it made no difference in his
status as a municipal legislator, then there
would bo no valid reason for refusing to obey
the plainly-indicated will of the people to name
him mayor. The fact is that there is a wide
difference between a department head who has
no power to investigate other departments and
make recommendations for the general good
and a mayor who has such power. Just after
the commissioners had taken their oath of office
find before balloting for mayor, Mr. Bryan ad
dressed the commission as follows:
MR. BRYAN'S ADDRESS
"We have met here this afternoon as public
officials elected by the people to discharge cer
tain duties. Before we organize to take up the
respective duties, I want to present a few
thoughts that I believe are proper at this time.
"A few weeks ago I filed as a candidate for
city commissioner with a view to the mayorship.
There has been a discussion in this city for two
or three months over the high cost of living. I
had suggested some remedies to meet that con
dition. I had no personal interest in the cam
paign, and have no personal interest in it now.
I had no desire to hold office at that time, and I
have none now. I was and am vitally interested,
however, in conditions in this city and what can
best be done to remedy those conditions. After
presenting the remedies as I saw them and mak
ing an effort to have men file as candidates who
would present those issues and those remedies,
and failing to do that, had reached the point
where I either had to give up the thought of
securing these remedies for the public as far
as my offorts were concerned or I had to file
as a candidate myself. I chose tho latter courso
because I believed that these issues and these
remedies are of vital importance and tbat they
should bo presented.
"Under the law known as tho commission
form of government, the contents of which I felt
I was familiar with and with the intention
of the law, I realized that unless the issues aro
presented by candidates, and unless tho candi
dates suggest the positions to which they aspire
or which they perfor, there is no way for the
public to have any voice in tho election. When
the commission form of government was sug
gested in this city, we had men here from Des
Moines and other places to present the issuos,
stating the intent of the law, the provisions
of the law, etc. They made it clear, and it was
made clear in the legislature when this bill was
before the legislature, and it was again made
clear what the provisions of the bill were before
this city for adoption that the only way in this
bill that people could consider and havo a voice
in the election was to let it be known what their
desire was through candidates expressing them
selves in the campaign. Tho idea of providing
for the louncilmen after election to determine
by vote what place each member would be as
signed to was made very clear as to tho intent
of that provision. It was this: Under tho old
councilmanic form there had been a gruit abuse
over promising positions as doputyships and
various places when they were voting on tho
election of candidates direct. In prder to remody
that abuse it was made possible under the law
to change the official to another department to
protect the people. No thought was ever in
tended or suggested that a representative of tho
people who had been elected would believe that
that provision of tho law was intended to give
that responsibility to the council without simply
acting to carry out what they considered tho
desire of the people as expressed in tho election.
"I have been following this commission form
of government where it has been in operation.
I studied it as it was in operation before wo
adopted it, and I know of no city in this state or
elsewhere where it has not been made clear to
tho people what position each candidate had in
mind so that they could consider his qualifica
tions for his respective place. They understood
that he could not be voted on direct for the
place, but I have never known a member of a
city government who did not so recognize it who
was not willing to find what the people wanted,
and do it, and I do not feel now that anyone
has the intention to do otherwise.
"I make these statements to meet the vari
ous comments, misrepresentations, etc., that
have appeared in the press as to the intent of
this law and as to what the custom has been.
The paper the other day stated that it had never
been the custom to decide in favor of the candi
dates for the various places as they had been
determined in the campaign by tho people more
particularly as it applied to the candidates for
mayor.
"I want to state that there is no foundation
for that statement in this city or in any other
city having the commission form of government.
That statement was a misrepresentation of facts,
and I challenge anyone to substantiate that
statement. Six years ago under this form of
government, the contest was made the same as
has been in this contest. It was discussed and
the issues were made clear. Four years ago it
was the same way, and two years ago it was the
same way. They discussed issues, outlining their
principles to the people, and they passed upon
those men and those issues when they voted
and they elected the people's choice f3r mayor.
"At no time in this city or elsewhere has that
direct instruction been violated. Today in the
city of Omaha they have the same condition un
der the same law that we have, and no one will
question the verdict of the people in recommend
ing the mayor. Otherwise we would not have a
people's government, as that is the only manner
in which the people can express themselves and
direct their public servants. In presenting the
program as I did in this city, I did it to relieve
conditions, and the people passed directly on
that program. I also stated and bought adver
tising space to make it clear that I was a candi
date for commissioner with a view to the mayor
ship, that jf I did not receive a larger vote than
either of the candidates whom the people un
derstood were candidates for mayor, I would not
permit myself to assume that place as mayor, and
I would not premit myself to bo put In thoro bo
causo I would feel that the things I stood tot
had been rojoctod and that I had boon rejected,
and if they had boon rojoctod, I should not be
in a position to try to recommend or carry out
what tho people had declared against. Tho only
way to got an issue into tho council aftor tho
oloction results is through tho candidates that
roprcsent those issuos.
"I will not question anyone olso's position In
that campaign as to whether they wore avowed
candidates or whether they were not, but I do
know that in making tho campaign tho public
understood that thoro was a direct issue between
tho candidates for mayor. Tho result of that
olection showed that they believod it. Examin
ing tho votes, as I recall it, thero wore about
8,500 votes cast. Tho vote that was credited to
my candidacy, as I remember it, was 4,600. Tho
vote credited to another candidato that tho peo
ple discussed as candidate for mayor and was in
troduced at two meetings whoro I spoko as a
candidato for mayor was 3,900, and the voto
of tho two of us was about 8,500. Tho line waa
directly drawn between those two candidates,
and tho returns show that that was a fact. Hav
ing received about 400 votes above one-half of
all tho votos cast, I folt that the things that I
stood for in this campaign were approved and
endorsed by the public and that I was selected
by them to carry out thoir will. Tho program
which the pooplo endorsed contained a provision
for the establishment of a municipal coal yard,
a municipal ice plant and a municipal public
market, opposition to buying tho traction com
pany under any consideration. My position was
in opposition to buying tho gas company under
the present law because the people do not have
an oven break undor the present law, and I fa
vored the adoption of tho gas bonds. Wo find
that the gas bonds carried.
"I said in every speech that I have made that
if you do not believe in what I am advocating,
you should vote against mo at tho polls, that I
did not want to be elected unless I would be free
to do what I could as mayor to inaugurate the
remedies for tho purpose of giving tho people
relief from the profiteering that they were be
ing subjected to. A mayor's duty under our
charter requires hfm to constantly investigate
all business pertaining to the city, investigate all
departments and to make recommendations to
the council that ho considers in tho interest of
tho welfare of the community.
"The commissioners holding the other depart
ments servo in an administrative capacity and
are not authorized under our charter to make
recommendations of a general character as tho
mayor is, and a commissioner of some other de
partment could not press recommendations for
the establishment of municipal enterprises that
appropriatly belonged or would be attached to
somo other commissioner's department without
being accused of attempting to usurp tho duties
of tho mayor, which would naturally be resented
by the mayor and other commissioners. If I
should be assigned to somo department other
than mayor, I could not therefore be of service
in carrying out under my initiative the things
which I have been elected for and tho things
that the people want done. In accepting another
department, it would be with the knowledge that
I was being transferred to a department other
than what the people selected me for, for tho
purpose of preventing me from keeping my
pledges to tho public. If I accepted another de
partment other than mayor, I would be accused
of making promises to the people for the purpose
of being elected and then accepting another posi
tion where I knew I could not be of any real as
sistance, and that while I would be drawing a
salary, paid by the taxpayers, the taxpayers were
still being held up on their coal, ice, vegetables,
produce and other necessaries of life.
"To assign me to some position other than
mayor is to deny to the public their right to de
cide their own public policies and to decide who
they want as mayor to carry out those policies.
If city councilmen claim to be superior to the
public and do not feel obligated to carry out the
people's will as expressed at tho polls, then a
larger question is ra'sed than the mere question
of who is to be mayor and what policies are to
be considered.
"If you can construe the commission form of
government to give you the right to disregard
the people's expressed wishes at the polls, then
the commission form of government is a failure.
No such a construction has ever before been
placed on the commission form of government
either hero or eleswhere, and I deny the councU
men's moral right to do so now. In carrying out
what you may claim is your legal right under the
law, you would be violating the spirit of tho law
