PROCEEDINGS
OF THE
STATE SENATE
Compiled authority of the Senate
by
CLYDE H. BARNARD, Secretary
FIRST DAY
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FIRST DAY
Senate Chamber, Lincoln, Nebraska,
Tuesday, October 14, 1919.
The Thirty-ninth (extraordinary) session of the Senate met pursuant to the Proclamation of His Excellency, Samuel R. McKelvie, Governor.
The roll was called and the following Senators were present: Messrs. Barr, Brooks, Cooper, Chappell, Cronin, Cordeal, Erickson, Hoagland, Harriss, Hall, Houston, Johnson, Neal, Peterson, Randall, Robbins, Reed, Sears, Saunders, Siman, Swanson, Tanner, Taylor, Warner, Watson. Total 21.
Absent, Excused: Messrs. Ainlay, Bushee, Bradstreet, Good, Hammond, Sturm, Weaverling, Weston.
Prayer was offered by the Chaplain.
THE GOVERNOR'S PROCLAMATION
EXECUTIVE OFFICE
Lincoln, Nebraska.
By virtue of the authority vested in me as Governor of the State of Nebraska, under Section 8 of Article 5 of the Constitution of Nebraska, I hereby call the Legislature to convene in extraordinary session at the State House in Lincoln at two o'clock P. M., Tuesday, the 14th day of October, 1919, to consider the passage of the following legislation, to-wit:
First, to enable the County Commissioners or County Board of any County, in cases of emergency, resulting from fire, riot, mob or other casualty, to provide means by which they can raise the money that is needed for the immediate repair of a Court House or other public building, and to repair or restore furniture, fixtures and other necessary equipment, and to repair or restore records that may have been destroyed by such casualty.
Second, to amend the charter of metropolitan cities by amending Section 1 of Chapter 184 of the Session Laws of 1919, so as to provide power to such city to increase the monthly pay of policemen;
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and to amend Section 3 of said Chapter 184, Laws of' 1919, so as to provide power to such city to issue warrants or borrow money to pay the cost of an increase in the number of policemen employed by such city; and to amend Section 4 of said Chapter 184, Laws of 1919, so as to increase the mill rate taxation levy now provided by law for such city; and to amend Section 4199 of the Revised Statutes of Nebraska for the year 1913, so as to remove restrictions of being electors or residents from the office of Chief of Police and Inspector of Police.
Third, to provide for the payment of the members, officers and employes, and the incidental expenses of said extraordinary session.
Witness my hand and the Great Seal of the State of Nebraska, this the 11th day of October, 1919.
SAMUEL R. McKELVIE,
Governor.
By the Governor:
DARIUS M. AMSBERRY,
Secretary of State.
Motion
Senator Reed offered the following motion:
Mr. President: I move that the officers of the 38th Special Session be made the officers of this session with the exception that J. L. Howell, Assistant Sergeant-at-Arms of the last regular session be made the Assistant Sergeant-at-Arms of this session, and that W. J. Wells be made Custodian of the Senate. And that the Standing Committees of the 37th Regular Session be made the regular committees of this session.
The motion prevailed.
Motion
Mr. Robbins offered the following motion:
Mr. President: I move that a committee of three be appointed by the President to notify the Governor that the Senate is in session and ready to transact business.
The motion prevailed.
The President appointed as such committee Senators Robbins, Tanner and Cordeal.
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Motion
Senator Harriss offered the following motion:
Mr. President: I move that a committee of three be appointed by the President to notify the House that the Senate is in session and ready for business.
The motion prevailed.
The President appointed as such committee Senators Harriss, Chappell and Barr.
Motion
Mr. Cronin offered the following motion:
Mr. President: I move that a committee of three be appointed to arrange for a Joint Session.
The motion prevailed.
The President appointed as such committee Senators Cronin, Erickson and Warner.
Committee Reports
Mr. President:
Your committee appointed to notify the Governor that the Senate is in session and ready for business has performed that duty.
ROBBINS, Chairman.
The report was adopted,
Mr. President:
Your committee appointed to notify the House that the Senate is in session and ready for business has performed that duty.
HARRISS, Chairman.
The report was adopted.
A committee from the House, consisting of Representatives Jeary, Snow and Good, appeared with instructions from the House to notify the Senate that the House is organized and ready to transact business.
A message was received from Senator Ainlay, stating that he expects to be present tomorrow, and asked to be excused for today.
The request was granted.
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Mr. President:
Your committee appointed to arrange for a Joint Session has performed that duty, and has fixed 2:30 P. M. as the time for holding a Joint Session.
CRONIN, Chairman.
The report was adopted.
The hour of 2:30, the time appointed for the Joint Session, having arrived, the Senate retired to the House.
JOINT SESSION
The Joint Session was called to order by Lieutenant Governor Barrows.
The roll of the Senate was called, and the following Senators were present:
Messrs. Barr, Brooks, Cooper, Chappell, Cronin, Cordeal, Erickson, Hoagland, Harriss, Hall, Houston, Johnson, Neal, Peterson, Randall, Robbins, Reed, Sears, Saunders, Siman, Swanson, Tanner, Taylor, Warner, Watson.
Absent: Ainlay, Bushee, Bradstreet, Good, Hammond, Sturm, Weaverling, Weston.
The roll of the House was called, and the following representatives were present:
Messrs. Allan (Douglas), Anderson (Butler), Anderson (Hamilton), Axtell, Baker, Barbour, Behrens, Berka, Bethea, Birdsall, Black, Briggs, Burgess, Burney, Carroll, Christy, Crozier, Davis, Downing, Druesedow, Dyball, Filley, Foster, Frantz, Fries, Frost, Fults, Gerhart, Gifford, Good, Goodrich, Green (Barton), Green (J. Reid), Harte, Hardin, Harris, Hedges, Hostetler, Howard, Jacobs, Jacobson, Jeary, Jenison, Jenkins, Johnson (Burt), Johnson (Phelps), Lambert, Lang, Lauritsen, Lundgren, Mathewson, Maurer, McLellan, McGrath, McKee, McLaughlin, McLeod, Mears, Miille, Miller, Morrison, Nelson, Noreen, Osterman, Purcell, Purdy, Reynolds, Rickard, Rost, Sandquist, Schmidt, Smith, Snow, Staats, Stout, Strong, Sturdevant, Thompson, Tracewell, Vance, VanPatten, Wright, Wildman, Windham, Wertman, Mr. Speaker.
Absent: Allen (Gage), Anderson (Knox), Byrum, Cole, Fuller, Hunt, Kenagy, Larsen, Porter, Rodman, Steele, Taylor, Williams.
Representative Fults offered the following motion:
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Motion
Mr. President:
I move that a committee of five be appointed to wait upon the Governor, and notify him that the Joint Session is ready for business.
The motion prevailed.
The President appointed as such committee, Representatives Fults, Reynolds and Miller, and Senators Neal and Johnson.
The committee retired, and subsequently returned, escorting Governor McKelvie, who read the following message:
Governor's Message
Gentlemen of the Legislature in Extraordinary Session Assembled:
I have summoned you in extraordinary session at this time for the purpose of considering questions that will enable Douglas County at this time, and other communities under similar cases of emergency, to repair the damage that has been done by an unforeseen force. Furthermore, I have brought to your attention certain amendments to the Omaha Charter, which will enable that city to make some provisions against a recurrence of such a catastrophe.
It was with the utmost reluctance that I decided to ask you to assemble upon this occasion, and my action was delayed as long as it well could be, but after quite full investigation it became apparent to me that Douglas County was without recourse in the matter of repairing its Court House and restoring its records, through any authority that is given its officials at the present time. Therefore, in the interests of the general welfare of one of the principal communities of our commonwealth, I felt impelled to do the only thing that seemed available as a source of adequate relief.
I have no recommendations to make regarding the form which the legislation shall take to enable the stricken community to repair its losses and provide against a recurrence of such casualty. That is for you to decide and I have no doubt that the interests of the taxpayers of Douglas County, as well as other communities which may avail themselves of the benefits of this legislation in the future, will be adequately protected by whatever action you take.
These matters to which I have referred are subjects for emergency attention. Other subjects have not been included for the reason that they may wait until a regular session has convened, and I feel that with the public mind in the condition of confusion and unrest
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with which it is now possessed, it is far better to defer the consideration of all but emergency legislation until a more normal condition shall have obtained.
With assurances of my confidence in the integrity of purpose and the good judgment which shall guide you in your action throughout this extraordinary session, and with further assurances that I stand ready to cooperate with you in every desirable way in carrying out the purposes of the session, I commend to you the matters included in the formal proclamation.
SAMUEL R. McKELVIE,
Governor.
Representative Jenison stated that he was authorized by the Commercial Club of Omaha to extent to the members of the Legislature an invitation to visit Omaha to inspect the Court House, and to be the guests of the Club for dinner.
Motion by Representative Purcell, that the invitation be accepted, and that this body visit the Court House in Omaha on Wednesday, tomorrow.
Representative Good offered a substitute motion, that a committee of fifteen be appointed, five from the Senate and ten from the House, to go to Omaha tomorrow, and report on their return.
Representative Barton Green offered a substitute for the substitute that when we adjourn, we adjourn until tomorrow morning at nine o'clock and transact the necessary business, and adjourn over for the day.
Senator Peterson arose to a point of order, and stated that the business of the Joint Session was completed, and moved that the Joint Session do now adjourn.
The motion prevailed.
After the Joint Session, the Senate reconvened in the Senate Chamber.
The roll was called, and the following senators were present:
Messrs. Barr, Brooks, Cooper, Chappell, Cronin, Cordeal, Erickson, Hoagland, Harriss, Hall, Houston, Johnson, Neal, Peterson, Randall, Robbins, Reed, Sears, Saunders, Siman, Swanson, Tanner, Taylor, Warner, Watson.
Absent, Excused: Ainlay, Bushee, Bradstreet, Hammond, Sturm, Weaverling, Weston.
The following Bills were introduced and read the first time:
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Bills on First Reading
Senate File No. 1--By Saunders, Cooper, Sears, Tanner and Robbins.
A Bill for an Act to enable counties to issue and sell bonds, without vote of the people, in cases of emergency, to raise funds to repair or restore county buildings, or other county property damaged or destroyed by fire, riot, mob or other casualty; and to provide a tax levy to pay the interest and principal of such bonds, and to declare an emergency.
Senator Cordeal extended to the Senate an invitation from F. A. Brogan to visit Omaha tomorrow.
Motion
Senator Sears offered the following motion:
Mr. President: I move that when this body adjourns, it adjourn until nine o'clock tomorrow morning.
The motion prevailed.
Motion
Senator Peterson offered the following motion:
Mr. President: I move that the Secretary communicate with the Omaha Commercial Club, and express to that body the appreciation of the Senate for the invitation, with the further statement that if any of the members of the Senate find themselves in Omaha tomorrow, they will be glad to avail themselves of the invitation etxended (sic).
The motion prevailed.
At 3:15, Senator Cordeal moved that the Senate adjourn.
The motion prevailed.
CLYDE H. BARNARD, Secretary of Senate.
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SECOND DAY
Senate Chamber, Lincoln, Nebraska,
Wednesday, October 15, 1919.
The Senate was called to order by the President.
The roll was called and the following Senators were present: Messrs. Barr, Bushee, Brooks, Cooper, Chappell, Cronin, Cordeal, Erickson, Hoagland, Harriss, Hall, Houston, Johnson, Neal, Peterson, Randall, Robbins, Reed, Sears, Saunders, Siman, Swanson, Tanner, Taylor, Warner, Watson.
Absent, Excused: Ainlay, Bradstreet, Good, Hammond, Sturm, Weaverling, Weston..
Prayer was offered by the Chaplain.
Pending the reading of the Journal for the first day, Senator Sears moved that further reading of the Journal be dispensed with, and that the Journal, as prepared by the Secretary, be approved.
The motion prevailed.
A communication from the Omaha Chamber of Commerce was received and placed on file.
The following Bills were read the second time and referred to appropriate committees:
Bills on Second Reading
Senate File No. 1-By Saunders, Cooper, Sears, Tanner, Robbins
A Bill for an Act to enable counties to issue and sell bonds, without the vote of the people, in cases of emergency, to raise funds to repair or restore county buildings, or other county property or destroyed by fire, riot, mob or other casualty; and to povide (sic) a tax levy to pay the interest and principal of such bonds, and to declare an emergency.
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Motion
Senator Sears offered the following motion:
Mr. President: I move that when we adjourn, we adjourn to meet at eleven o'clock tomorrow.
The motion prevailed.
Motion
Senator Sears offered the following motion:
Mr. President: I move that the Senate now recess for thirty minutes.
The motion prevailed,
AFTER RECESS
The Senate reconvened after recess, and was called to order by the President.
At 11:30 a. m. Senator Sears moved that the Senate do now adjourn.
The motion prevailed.
CLYDE H. BARNARD, Secretary of Senate..