T. OUTHEEE & SON,
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LEGISLATIVE SUMMARY.
Jo&t Convention.
Wedjcesdav, Jaw. 21, 1891, 10 a. k
' The speaker called to order and after
prayer by the chaplain, and roll call Mr.
Schrader of Login offered a resolution
as follows:
Whereat, There are certain members
of this joint convention in doubt as to
the constitutionality of our procedure
without the signature of the de facto
governor and lieutenant governor of the
state to the joint resolution by which we
are convened, and
IThereas, There is general desire
among the members to have the con
struction of the honorable supreme
court upon the matter; therefore oe it
Resolved. That the speaker of the
house appoint a committee of three t0
wait upon the honorable judges of thH
supreme court and ask for an lmnie j. tA
opinion upon the following luegtjon
to-wit:
To the Hon., the supreme court of
the
state or .Nebraska:
Be it resolved br the senate D .
. j
house of representatives of the stat , V
Nebraska, sitting as a joint convent , "J
under section 4. article V,f the sft,a
state, to try certain contests for the e?"
ecutive offices named in section 1, aru
cle V, of the constitution, as follows: -Whereas,
a question has arisen as to
the constitutional righ of this joint con
vention to proceed with the trial of ceri
tain contests for the several executive
offices named in section 1, article V, of
the constitution of Nebraska without
the joint or concurrent resolution there
fore being first signed by the governor
of the state, therefore be it
Resolved. That the opinion of the su
preme court of the state of Nebraska
be and the same is hereby asked upon
the following questions:
1. Where a contest is pending before
this joint convention convened in the
manner and for the purpose aforesaid,
for the office of governor of the state of
Nebraska, and the contestee therefor
is the acting or de facto governor of the
state, is it necessary to the constitution
ality or validity ot the resolution there
fore named in section 77, chapter 28, of
the compiled statutes, that such resolu
tion shall first be signed or approved
under section 15, article V, of the con
stitution of this state by said acting or
de facto governor?
2. If such resolution should be pre
sented to the acting or de facto gov
ernor of this state, be at the time be
luga contestee for the office of gov
ernor, which is to be determed bv this
Ioint convention acting under said reso-,
ution, and under the constitution and'
the statutes," and he should withhold
such resolution or veto the same, would
this joint convention, notwithstanding
S that fact, by a majority vote have the
legal power to proceed and determine
said contest under snob resolution? .
8. Where the office of lieutenant
governor Is also being contested before
this joint convention as provided by the
constitution and statutes of this state,
would it be necessary to the legality of
the prooedcing of this joint convention,
that the resolution for a joint conven
tion to try the contested election for
said office at the same time that the
contest for the office of governor is to
be tried, should be presented to , the
acting or de facto lieutenant governor
for his signature, and If the de facto
or lieutenant governor should withhold
his signature from said resolution pr
vote the same, would this joint con
vention, notwithstanding that fact,
nave a right to proceed to try said con
tests?
Whereall of the executive officers
aatnea in section 1, article 5, of the con
stitution are being contested, and the
senate and house of representatives
have duly passed a concurrent or joint
resolution fixing the time and place for
the trial 01 saia contests as provided by
the constitution and the statutes, is it
necessary to the validity of such resolu
tion, or the proceedings in said contests
that such resolution be presented to
either the acting or de facto governor
or ae iacto lieutenant governor, each 01
whose omces are being contested, and
are mentioned and are embraced in
said resolution? We respectfully ask
an early answer to these Questions.
As soon as the clerk finished reading
.1 1 . - . 1 1 .1 .
mo resolution jut. ocurauer movea mat
it be adopted and also the previous
question. The motion was seconded by
about half of the members present.
Mr. Howe tried to talk against the reso
lution ana in lavor or it at the same,
and said he was in favor of leaving off
a part of it as it would no doubt be con
sidered improper by the supreme court.
In response to repeated calls for the
question, the speaker decided that all
remarks were out of order, and espe
cially one man who insisted that it took
a two-thirds vote to carry the previous
question. '
The question was put, and the speak
er being in doubt, the roll was called
and resulted iu 81 for and 51 against
the previous question. It was there
fore carried by a good majority.
It was then moved, seconded and car
ried unanimously to adopt the resolu
tion as read. Pandemonium followed.
Somebody finally moved to adjourn,
but as there was a committee to appoint
the speaker would not entertain the
motion.
Church Howe was seen frantically
gesticulating in his place, and in a mo
ment of comparative calm, said he had
a resolution to offer. The speaker said
he was out of order but he insisted on
reading it.
Resolved, That we request the chap
lain to offer a prayer of thanks to
Almighty God that we a last recognize
the laws as found upon our statute
books. The speaker ruled it out of
order but Mr. Howe was bound to be
funny or die in the attempt. And amid
all kinds of racket which would have
disgraced Babel, Howe's melodious
voice was heard insisting on the resolu
tion. An A liance member said he was
glad to see that the gentleman from
iiemaha was willing to come to the
mourners bench. The speaker finally
made his gavel heard and restored
something like order.
Schrader of Logan, chairman, and
Taylor of Johnson, and Chapeck of
uougias were appointed committee to
consult with the supreme court.
It was then moved and carried that
the joint convention take a recess till
2 p. ra. to give the committee a chance
to make their report. t
AFTERNOON SESSION.,
The joint convention was called to
order and after roll call Mr. Schrader
offered the following resolution:
Whereas, ,Tho joint convention is
meeting by virtue of separate motions
fixing the time thereof, passed by the
senate and house of representatives as
well as by virtue of a concurrent reso
lution; and
Whereas, Other questions may arise
thereunder in the minds of many mem
which may require the opinion of the
honorable supreme court, therefore be
it v
Resolved, Bv this joint convention
that copies of said motions and this
MA.l...! 1 A 1 .k I A - I J .
and under said motions the court be re
quested to answer the following ques
tion, to-wit:
Has this joint convention the right to
sit and determine the various contests
for executive state offices under said
motions regardless of any provisions of
a joint or concurrent resolution r
On motion of Mr. Schrader the reso
lution was adooted. after a few remarks
by different members who thought it
was not necessary. Mr. Schrader ex
plained that it was at the suggestion of
the supreme court that the resolution
ass drawn.
The report of the committee ap
pointed 10 consult the - supreme court
was th;n read as follows:
To the Joint Session or the Ne
braska Legislature:
Your committee beg leave to make
the following report in the matter of
tne submission 01 the resolution sent to
the supreme court this morning.
The Hon. Supreme Court eintimate
tha propriety of an argument of a casd
of so much Importance;, and signified
their readiness to listen to an argument
at any time it may please this body.
we tnereiore recommend that the
contestants tor. the several executive
offices and the contestees also, choose
counsel to make said arguments and
that the hour of three P. M. be set aside
for hearing said arguments and that
this convention take a recess until 10
A. M. tomorrow. CD. Shradeb,
Chairman.
It was moved and carried that the
report be accepted as read and a recess
taken in accordance. Every body then
tried to hear the pleas before the su
preme court.
xhe supreme court room was crowded
to suffocation and all were intensely
interested in the proceedings as was
shown by the silence and close atten
tion. The attorneys who argued the
case were Walter J. Lamb. HTH. Wil
son and Chas. H. Hall of Lincoln; Gen.
Cowan of Omaha and Judge Allen of
Madison. As the lawyers were limited
as to time, the pleas were all made by
5 o'clock. Judge H. Maxwell said that
they all realized the value of time in
this matter and their decision would be
handed down just as soon as possible,
put ne was unable to state the exact
time. , ,
The court then adjourned till ft o'clock
in the morning.
THURSDAY.
The house waa called to order at 10
o'clock, and after prayer and roll call
Mr. Taylor of Johnson moved that a
recess be taken till 11 o'clock, as they
had good reason to believe that the de
cision of the supreme court would be
handed in by that time. The motion
was amended to 2 o'clock and carried.
The joint convention called to order
at 2 o'clock, and alter roil call the com
mittee which was appointed to confer
with the supreme court was asked to
make their report. Before the report
was made a resolution was offered by
AT . aaa
Mr. Stevens as xouowsr
Resolved, That the legislature of the
state of Nebraska, bow In joint session
assembled for the purpose of hearing
ana aetermining tne contest lor execu
tive state officers, hereby respectfully
ask that the decision of the supreme
court touching such matters or law and
parliamentary practice as ' relates to
subject matter beiore this joint conven
tion, and as submitted to them, be re
quested to submit their opinion in
writing.
Every man In the house seemed
ready to speak on the resolution and a
general fire of words followed. A mo
tion was made to postpone the resolu
tion, which after a heated discussion,
was lost. The vote was then taken oa
the adoption of the resolution, which
was decided in the negative, and the
commitee requested to make a verbal
report of the decision of the supreme
court.
Mr. Schrader, chairmain of the com
mittee, then rose and said that he did
not hear all of the opinion of the court,
but thought he had the gist of it. It was
that the joint convention was unlawful
and could not transact any business;
that the signature of the de facto gov
ernor and the lieutenant governor
ought to appear on all bills and on the
concurrent resolution, the fact of these
officers being parties in the contest does
not matter. The resolution must be
read three times, and in fact everything
must be done over again. A motion
was then made and caned that the joint
convention adjourn sine die.
The members of the senate then re
tired and the speaker celled the house
to order.
Bills for second reading were then
taken up and referred to their proper
committees.
Resolutions and petitions was the
next order of business.
A petition presented by Mr. Kruse
was the first one read, in regard to
amending article eight, section five, so
that all license money, etc., go into the
state school fund. A similar petition
was also presented by Mr. Buggies.
These were signed by a large number of
voters. '
A numerously signed petition front
Jewel, Keith and Lincoln counties was
next read, in regard to the establish
ment of a board of Immigration.
Mr. Stevens then read a resolution
requesting John M.Thayer to furnish
all the information in his power in re
gard to the western sufferers. Adopted.
several resolutions were ottered and
adopted with reference to the western
sufferers.
A resolution was then presented that
we appoint a committee of two to in
form James E. Boyd that we are Vow
organized and ready to , receive any
communication he might wish to make.
Not adopted.
Mr. McKevnolds then offered a reso
lution that a joint convention be called
February 5 for the purpose of hearing
the evidence in the contest case. Au
dited for second reading.
By Mr. Schlotfeldt A resolution In
reference to furnishing copies of reso
lutions, heads of bills, etc., to repre
sentatives of the press. Not adopted.
A resolution was then adopted asking
that a committee be appointed to in
evstigatc the irregularities of the post
office of the huuse. Taylor of Butler,
Cornell and Sertnsdork were appointed.
A resolution was offered by Speaker
Juer mat me heading or all bills be
furnished tn tha nriu Alnntri
Mr. Storms offered a resolution that
f'UDiisners of school text books on pe
itical economy be required to insert
the reform principles on money and all
uuances. Auopttsa.
Resolution by Mr. Severin that the
State frMjnirar ho TttrttiMtMl tn furnish
the house with a report of the amount
- M - a . a .
01 money in tne scnooi luna, who nas it,
how much Interest has been paid on it
in tne iasi two years, to wnom paid, etc.
Adopted.
A motion was made and carried that
we adjourn.
FRIDAY.
House called to order by Speaker
iuer.
After the opening exercises and roll
call came the reading of the journal.
After a few corrections the same was
approved and the regular order of busi
ness taken up.
The resolution by Mr. Stebbins in re
lation to the state treasurer's report was
read as that was the last order of busi
ness aC adjournment.
An amendment asking about the
number of members who have received
part pay was offered , and a motion to
table the amendment, which carried the
original resolution with it, was carried.
A resolution by Mr. Gardner In refer
ence to aid for the western sufferers was
carried.
Mr. Gale then introduced a resolution
in regard to Instructing the judiciary
committee to form a court of claims,
which was adopted.
xne concurrent resolution In refer
ence to hearing the contest was then
read for the second time. ; ;
Mr. Gardner then offered a resolution
that the bill in reference to the drouth
sufferers be printed at once, and also to
find out who is to blame for the delay ut
printing this bill.
a motion to adjourn was lost.
The bill referred to was then brought
in by the printer and the resolution
lOBt.
The following bills were introduced
before adjournment;
a bin to revise the law in relation to
the rate of interest, and to punish usury.
A bill to amend section eight of chap
ter nineteen of the compiled statutes of
the state of Nebraska.
A bill to amend section seven of chap
ter twenty-six of the compiled statutes
of Nebraska for 1889, entitled "Elec
tions," and to repeal said section seven.
The Senate.
The senate was called to order and
roll was called.
Senator Shea was reported sick and
was excused.
The journal read and approved. '
The assistant clerk of the house ap
peared and read resolutions passed by
the house appointing a committee of
two to act with like committee from
the senate and wait oa the retiring
governor, Hon. John M.Thayer, and
invite him to make such retiring mes
sage as he may desire, and second, ap
pointing a committeo of two to act
with committee of one from the senate
to correspond with the legislatures of
adjoining states with a view to passing
harmonious legislation reducing the
rate of interest Tn all of the said states.
First reading of bills.
A bill to protect parties furnishing
sowing seed. Introduced by Mr. Col
lins. A bill to regulate the Interests of
mortgagors and mortgagees In real es
tate mortgages. Introduced by. Mr.
Coulter.
A bill providing for weekly payment
of wages by corporations. Introduced
by Valentine Horn.
A bill to provide for and regulate
proceeding In garnishment in civil ac
tions. Introduced by Mr. Koontz.
A bill to amend section ten of chap
ter twelve of the compiled statutes of
Nebraska, 1887 edition entited, "Chat
tel Mortgages." Introduced by Mr.
Koontz.
A bill to amend section 605 of the
code of civil procedure by adding there",
to after section 505 the following which
shall constitute section 505 a. Intro
duced by Mr. Koontz.
A bill to ament section seventeen of
the criminal code of Nebraska. Intro
duced by Mr. Koontz.
Bills were then heard on second read
ing and referred to their proper com
mittees. v'
Wilson of Dawes moved that the
chair appoint two additional members
of the reapportional committee. Poyn
terand Kelper opposed the motion.
The motion was then put and lost.
Poynter moved a recess until 2 p. m.
Collins announced that the judiciary
committee wouia meet immediately on
adjournment.
It was thought unnecessary to meet
before to-day and the senate adjourned
until 10 a. m. to-day.
By Mr. Soderman A bill for an act
to amend sections one and fourteen of
chapter forty-five of the compiled stat
utes of 1867 and to repeal said sections
as now existing; entitled "Bonds Elec
tion," By Mr. Cape A bill to extend and
regulate the liability of railroad corpor
ations to make compensation for per
sonal injuries suffered by employes in
their service.
By Mr. Waldron An act to amend
section forty-six of chapter twenty-six
of the compiled statutes of 1889, entitled
"Elections, "and to repeal said section
forty-six.
By Mr. Bartholomew An act in re
lation to fixing the time of issuing exe
cution is cases of judgment, decree and
order of foreclosure of mortgage of real
estate.
By Mr. Stephens A bill for an act to
prevent the use of special police powers
in the state of Nebraska, and to provide
penalties for the same. 1
AFTERNOON SESSION.
The honse called to order as per ad
journment and after roll call the follow
ing bills were introduced.
By Mr. i ultou A bill to amend sec
tion seventy, chapter eeventy-seven, of
the compiled statutes,
15y Mr. rarker A bill to amend sec
tion 847 of the civil code relating to the
foreclosure of mortgages.
By Mr. Gerdes A bill to amend sec
tion one chapter fiifty of the compiled
statutes of Nebraska 1882.
By Mr. Folker A bill for the relief of
Jno. Anderson, Mrs. Martha Feddie and
Henry Kolf.
By Mr. Cornish A bill to amend sec
tion seventy-seven, chapter twenty-six,
of the compiled statutes of Nebraska. -
Jay Mr. Moan A bill to amend sec
tion thirty, chapter twenty-thre e, of the
compiled statutes of Nebraska of 1889
and to repeal said section as now existing-
I T 1 r r . i 1 mi.. .
jj vuruH a. oiu to amende se
tion seventy-three of the code of civil
proceed ore, and to repeal section four
of the compiled statutes of 1889,
By Mr. Curtis A bill relative to the
liability of corporations, companies and
individuals operating railroads in this
state for the acts of their agents and
employees. -
By Mr. H inkle A bill to prevent cor
rupt use of money at elections by pro
hibiting campaign funds and treating
and providing penalty.
By Mr. Modie A bill to amend see-'
tlon 189 of the code of civil prooeednre,
and ta repeal original section.
By Mr. Modie A bill to amend sec
tion 505 of the code of civil proceedure,
by adding thereto after section 505, the
following which shall constitute 505 A.
By Mr. Modie A bill to provide for
and regulate proceedings in earniah.
ment In civil actions.
By Mr. Modie A bill to reralata no.
cedure in the district court in civil
actions.
By Mr. Storm A bill to amend amo
tion 110 of chapter fourteen of the com-
piled statutes ot 1887.
By Mr Williams A bill to repeal
an act entitled "An act concerning tha
care of and to prevent the spread of
contagious and infectious diseases
among domestic animals, to provide for
the appointment of a state live stock
CITm mission and veterinary surgeon, de
fining their powers and duties and regu
lating their compensation. Anprovad
March 6th. 1885.
By Mr. Watson A bill to define the
the qualiSeations and conditions under
which any insurance company, associa
tion or partnership, whether benevolent,
whether cooperative or otherwise, or
ganized under or Incorporated by the .
laws of any other state or territory of
the United States, or any foreign gov
ernment for the purpose of taking nsks
or doing buniness in this state in K.e.
fire, accident, or other insurance, may
transact business ! this state, providing
ueu mines lur uie nutation 01 toe provis
ions thereof, and repealing all acts and
parts of acts lr consistent with or in con
flict with the provisions thereof. '
By Mr. Watson A bill to extend and
regulate the liability of employers to
mate compensation xor personal injur
ies suffered by employes in their ser
vice. .pV'.,:. ?.; ;
Bv Mr. Nelson A bill to amend sub
division oneof section fifty two of article
two of chapter fourteen of the compiled
statutes of Nebraska of 1889. .
By Mr. Williams A bill to construct
and furnish additional buildings at the
Nebraska institution for feeble minded
J outh and making appropriation there
or... By Mr. Williams An act entitled
"an act to reimburse parties who have
Surchased real estate from the state of
ebraska in ease of duplicate transfers,
and appropriating money for the same.
jsy Air. uaruner ab act relative to
public schools In metropolitan cities,
and to repeal an act approved March
80, 1837 entitled "An act relative to
public schools in metropolitan ctiiea
and all acts amendatory thereof. '
By Breen Making eight hours con
stitute a day's labor for laborers and
mechanics working on public build
ings. v Joint resolution submitting to tha
electors of the state an amendment of
section four of article 5 of the constitu
tion of Nebraska,
By Lomax To amend section! seven
ty-two, seventy-six and seventy-seven,
chapter 2S, compiled statutes of 1SC3,
entitled, "election and to repel said
original sections'
ByCapek To regulate tha liability
of employers to make compensation for
personal injuries suffered by employees
In their service. ''
The bills on second reading were then
read and referred. This was followed
by bills on third reading.
- J. B. Watson presented a petition
asking that Nathaniel Crabtree be
en a position in the legislature.
ierrea. ... -
0
The report of the committee an en.
grossing bills then reported on the con
current resolution to congress asking
the immediate foreclosure by the gov
ernment or tne mortgago it now holds
on the U. P. Railroad. Adopted.
The committee to confer with the su-
peeme court made its report whibh was
to the effect that on Tuesday the opin
ion of the Judges would be handed
down in writing.
Adjourned till 10 o'clock to-day.
SATURDAY.
Tha House.
The house called to order promptly
at ten o'clock by Speaker Elder.
After prayer the journal was read
and approved.
Resolution No. 5 in reference ta
ttle contest was postponed and No. 8
read for the second time.
The following bills were then read for
the first time:
By Mr. Schelp A bill to allow child
ren of one district to attend school in
adjoining districts under particular cir
cumstances. By Mr. Rohan A bill to provide for
a presentation of the products, re
sources, and possibilities of the State
of Nebraska at the World's Columbian
Exposition, to be held at the city of Chi
cago, Illinois.
By Mr. Bartholomew A bill to amend
section three of chapter ninety-three of
the compiled statutes of Nebraska.
Bills on second reading were then
taken up and referred to their proper
committees.
A petition was read from Stevens and
Furnas counties in reference to having
all license fees and fines paid into the
state school fund, also a similar one
from Cherry county.
The question of adjournment was
discussed pro and con, and notices of
committee meetings read and a recess
till four p. m. was finally voted.
AFTERNOON SESSION.
The house called to order at 4 p. m.
by Speaker Elder.
Rev. L. P. Ludden, general manager
of the state relief commission, made a
report which was in substance that the
railroads have .refused to carry any
more freight free. The wholesale mer
chants have sent a great many supplies
which are charged to the state and pre
paid the freight on the same. There
has been about 115,000 spent already.
As the weather is colder than it is here
fuel is needed If we could make apje-.
ial rates on freight we could save about
40 per cent. Money is needed now. A
motion was made and carried that this
be made a special order of business on
Monday. ; ,
: The committee on . judiciary then
reported, as stated on the following bills,
all of which reports were accepted and
bills placed as recommended: .