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About The Plattsmouth journal. (Plattsmouth, Nebraska) 1901-current | View Entire Issue (Oct. 31, 1938)
PACE T7T?JT7i IZGMNOTICE XS TO MEASURE TO BE VOTED I UPON NOVEMBER 8, 1938 The following 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, 1938: Be it Enacted by the People of the State of Webratka: --"'.ft ' Section 1. That at the general election In November, 1938, there shall be submitted to the electors of the State f Nebraska for approval or rejection upon a ballot separate from that upon which the names of candidates appear the following amendments to the Constitution which are hereby proposed by the Legislature: p. 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, Lieutenant Governor, Secretary of the State, Auditor of Public Accounts, Treasurer, Attorney General, Superintendent of Public Instruction and the heads of such other executive departments as may be established by law. The Legislature may provide for the placing 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 four years there after, and, commencing 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, books 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. Officers in the executive depart ment of the stats shall perform sucn craues as may De proviaea oy uiw. On ftr thm first Thursday after the first Tuesday in January and before the first dav 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 Thursday alter the first Tuesday in January ana Deiore ine nrsi day of February in the year 1943 and every lour years tnereaiter lor a term of four years from the first Thursday after the first Tuesday in January, and until their successors shall be appointed and qualified, the Governor, with the Consent of three-fifths of all the members elected to th Tcislatnre f.hall acDoir.t 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 nrovided by this Constitution. The respective compensations of said officers so appointed shall be as provided by law. The heads of all offices established by this Constitution, or which may be established bv law, other than those to be elected or appointed as provided above herein, and whose tnnointment or election is not otherwise by 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. Dot omcers so apnointeamay be removed for cause bv the Governor. No such officer shall be appointed or elected bv the Legislature. 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 emplovees in their respective departments.- The Legislature may, by law, assign to the Auditor of Public Accounts the supervision of the accounts ci tne several govern mental subdivisions of the state. The Attorney General, Secretary of State and the state 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 wovemDer. i4u to the offices of. Attornev General. Secretary of State or state Treasurer, and from and after the time their successors shall be appointed and iiualined in 1941. each of said offices as an elective constitutional execu tire state office is hereby abolished completely a id shall be an appointive constitutional executive state office. See. 2. That Section 2, Article IV, Constitution of Nebraska, be amended to read as follows: See. 2. No person shall be eligible to the office of Governor, Lieuten , ant Governor or; Auditor. f Public Accounts who, shall not have attained the age of thirty years, and who shall not have been for five years "next preceamg ms eiuon a resiueui. suu b ciiueii ui iuu Bioie uiu iiutni 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 ef public instruction, shall be vacated by death, resignation or otherwise. It shall be the duty of the Governor to nil 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 rea 1 as follows : ;Sec 28. The Tax Commissioner shall have jurisdiction over the administration ofthe revenue laws of the state, and together with th Governor, Secretary of State, State Auditor and State Treasurer shall have power to review and equalize assessments of property lor taxation within the state. -, Sec 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. Tliat 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; and this amend ment, except as 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, It 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 ox school lunds, in such manner as may be prescribed by law. Sec 2- That an additional section be inserted in Article XVIL Con stitution of Nebraska, as follows: Sec ll. 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. AMENDMENT C Section L 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 of 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 such conditions as may be prescribed by law, for any offenses committed against the criminal laws of this state except treason. and eases ef Impeachment. Bui 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 of 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 XV II, 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 and numbered as follows: Sec 29. Every elective constitutional 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 ft.!.- 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 i; .published ; immediately preceding said -election. . Said ballot for the- submission of ' said proposed amendments shall be in the following form: "PROPOSED CONSTITUTIONAL AMENDMENTS TOR an amendment to the Constitution of the State of Nebraska, 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 offices of Attorney General, Secretary of State and state Treasurer shall not, 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 constitutional executive state offices ; that said appointive ofnecs 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, 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 be elected in November, 1940, each for a term of two years, and in November, 1942 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, amendincr Sections 1. 2. 3. 21 and 28. Article rV, and Section 3, Article XVII, and repealing Section 10, Article rV, 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 not, 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 eppointment 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 oi otner 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 in 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 iillsd by the Governor; to prescribe qualifications for elective executive state officers; and to provide that this amendment shall be self -executing and effective, except 3 otherwiss herein specifically set forth, on the first Thursday after the first Tuesday in January, 1933. - - "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 Stat shall con- stituta 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. " "" HARRY R. SWANSON, " Secretary of State. Missouri Pacific May Place a New Train in Service Completion of New Track Laying Will Be Followed bj Announce ment of Hew Train. n.(CALS From Thursday's Daily W. S. Harding of Nebraska City was a visitor in Plattsmouth yester day. Mayor Troy L. Davis of Weeping Water was a business visitor in Plattsmouth today. Louis Kohrell of Nebraska City, was here Wednesday afternoon for a short visit with the old friends and acquaintances. George M. Hiid of Omaha, was here Wednesday for a short time and looking up the old friends. He was accompanied by Ed Cectch of Omaha, who has many friends here. AMATEUR PHOTOGRAPHER From Friday's Daily Mr. and Mrs. Victor Wehrbein of Nehawka were business visitors in Plattsmouth yesterday. Mr. and Mrs. Bill Dunham and daughter of Kirksville, Missouri are visiting here at the home of Mr. and Mrs. J. J. Smock. Attorney C. E. Tefft of Weeping Water was ' here today for a few hours attending to some matters of business at the court house and meet ing his many friends. Don Cotner, of Tarkio College, is here to spend the week end with his parents. Mr. and Mrs. C. C. Cotner and with the old school frlneds. ' He is enjoying a short vacation from hisl- studies. WILL LECTURE IN OMAHA t The members of the local Garden club and their friends are Invited to enjoy one of the most interesting lectures in this line of work that has been offered the residents of Nebraska in a great many years- This will be the lecture given at the Central high school auditorium in Omaha on Tuesday evening, No vember 1st, by Dr. H. N. Wheeler, lecturer of the U. S. forestry service. The lecture will be illustrated with slides and will be titled, "Improve ment and Beauty of Trees." There will be no charge for the lecture. The lecture will be of great in terest to the Garden club members as well as members of the wild life federation and who are all invited to be in attendance. James Webb, who under tutorage oi Emil Weyrich, has developed a marked hobby for amateur photo graphy, has been called upon to sup ply a number of pictures lately for use in national magazines, in addi tion to those printed occasionally in the Journal. Two months ago he took a photo of the Manska Oil company's huge tank truck for use in a petroleum distributors' magazine and has since taken interior store scenes for use in trade magazines. A fortnight ago. through the Jour nal, he received a rush order for two photos from the Keystone View Co., Inc., of New York to be used in connection witn an article in a na tional magazine regarding the novel idea in teaching geography used by Miss Jessie Whelan of having her pupils correspond with those resid ing in other parts of the world. The views one a Main street scene and the other of the high school build ing in which Miss Whelan teaches were sent promptly. Today, in a let ter accompanying their remittance, this internationally known press Il lustrating service concern says: "Our client was very well pleased, both with the photographs and the prompt service. Should we need any thing special in your vicinity again you can rest assured that we will call on you." The reports along the Missouri Pacific lines from Omaha to Kansas City where much new track has been laid and new road bed construction made, are to the effect that this Is preliminary to a new train service. It is the Intention to have a new fast train service between Omaha and St. Louis started that will reduce the running time to Cflght hours be tween the two cities. The rumors place a new stream lined train as being operated on this section of the main line that will vitally reduce the running time. While railroad men are reticent about the plans for the service they admit that some such plan is in the making and in store for th; patrons of the road. START NEW WPA JOB MONDAY TO VISIT IN WEST PRETTY TOUGH LUNCH From Thursday's Daily This morning Raymond Kriskey, better known as "Shotgun," arose in the semi-twilight of the early dawn to hie himself out to his place of em ployment, and, as he does not return home for dinner, grabbed up a sack that he believed contained hiii lunch. He placed the "lunch" carefully away and started in to work. Shortly aft erwards a neighbor dropped in and handed him a package saying his wife had sent down his lunch. An In vestigation revealed that the first package was a pair of boots belong ing to ..the small son of the family. While Ray Is willing to take chance on anything he feels relieved that the good neighbor saved a diet of leather. -Mrs. August Roessler Is leaving for McCook, Nebraska, where she win visit until after the holidays witb her daughter and son-in-law, Mr, and Mrs. Reuben Fahrenbruck, and family. Mrs. Roessler has ordered the Journal to accompany her on the western outing. From Saturday's Dally A city sponsored WPA Job will be started Monday, with ten men assigned to the work. The work to be done includes the stuccoing of the city scale house and the city hall in white waterproof stucco to match that on the new fire station erected in July. Incidental work will include the building of an adequate sized chim ney just outside the east wall and the removal of the overhanging porch at the south end of the city hall building. To provide ample bond for the stucco coats, paint will b-e scraped from the brick, the brick chipped and mortar joints raked. First coats cf standard Portland stucco will ap proximate of an inch in thick ness followed by a Hi inch coat of water proof cement stucco. The only cost to the city will be for material, with WPA furnishing labor and superintendence. STOP FOR SHORT VISIT Prom Friday's Daily Mr. and Mrs. Howard Grath of Omaha stopped for a few hours to day to visit with Mrs- GratVs grand mother, Mrs. Charles Hitt. They were going to Clarion, Iowa, to visit with Mr. Grath's mother and other relatives for a few days. (Political Advertising) (Political Advertising) (Political Advertising) LILLIAN G. WHITE CANDIDATE FOR RE-ELECTION REGISTER OF DEEDS Democratic Ticket TOUR SUPPORT WILL BE APPRECIATED TEACHERS TO CONVENTION From .Thursday's Daily Today was the opening of the sec ond district meeting of the Nebraska State Teachers' association at Omaha and drew large groups of the teach ers from this section of the state. The schools over. the state are en joying a two day vacation and the teachers are required to make an attendance at the various district meets. The larger part of the locul teach ers are at the Omaha meeting, altho a few expect to attend district meet ings in other parts of the state, where they live in that section. UNDERGOES TONSILECTOMY From Saturday's Ptllr Billy Prohaska. son of Mr. and Mrs. Ferdinand Prohaska underwent a tonsllectomy yesterday at an Om DR. JOE J. STIBAL Chiroprator OFFICE NO. 3 TELEPHONES RES. NO. 657-W PLATTSMOUTH, NEBRASKA AUTUMN LEAVES are welcome, but with them comes the sore throat, colds, rheumatism, contagions, etc. A good pre vention insurance is by getting fit taking Chiropractic ma nipulations as given by Dr. Joe J. Stibal a system that enables the body to make its own medicine without guesswork. (Political Advertising) (Political Advertising) (Political Advertising) bill I Mil Bisiriot Goori Doom Plattsmouth, Nebraska Tuesday Env- Isft 0 O'cloclc P. M. Congressional, County and State Candi dates Will Attend. Good Speakers Will Discuss the Issues of the Day EVERYBODY COME aha hospital.