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THIRD DAY

Senate Chamber, Lincoln, Nebraska,
Thursday, October 16, 1919.

     The Senate was called to order by the President at 11 o'clock a. m.

     The roll was called, and the following Senators were present: Messrs, Ainlay, Barr, Bushes, Brooks, Cooper, Chappell, Cronin, Cordeal, Erickson, Hammond, Harriss, Hall, Houston, Johnson, Neal, Peterson, Randall, Robbins, Reed, Sears, Saunders, Siman, Swanson, Tanner, Taylor, Warner, Watson.

     Absent, Excused: Bradstreet, Good, Hoagland, Sturm, Weaverling, Weston.

     Prayer was offered by the Chaplain.

     Pending the reading of the Journal of the second day, Senator, Peterson moved that further reading of the Journal be dispensed with, and that the Journal as prepared by the Secretary be approved.

     The motion prevailed.

Reports of Standing Committees

     Mr. President: Your Committee on Judiciary, which has had under consideration Senate File No. 1, reports the same back to the Senate with the recommendation that it be amended as follows:

     Strike out the title and substitute therefor the following: "A Bill for an Act to enable counties, in cases of emergency, to issue and sell bonds without a vote of the people to raise funds to repaid county buildings or restore other county property damaged or destroyed by fire, riot, mob, storm or other casualty; to provide a tax levy to pay the interest and principal of such bonds; and to declare an emergency."

     Strike out Section 1 and substitute therefor the following:

     "Section 1. In case of the partial destruction of a court house, jail, or other county public building by fire, riot, mob, storm or other casualty, or in case of the partial or total destruction by any such

agency of the public records, books, office furniture, fixtures or equipment in any such building, the county board shall cause estimates to be made of the cost of repairing such building, or of repairing or restoring such public records, books, furniture, fixtures or equipment to their condition before such partial or total destruction, and shall, without a vote of the people, have power to issue and sell the bonds of the county, in such amount as the board deem necessary, not exceeding such estimates, to accomplish such repairs or restoration. To create a fund for the payment of such bonds and to provide for the payment of the interest thereon, the board shall, notwithstanding any other statute authorizing tax levies upon any less valuation, have power to levy a tax not exceeding, together with all other tax levies, fifteen (15) mills on the dollar upon the actual or full market valuation of the property in the county. Such levy and the taxes derived therefrom shall be kept separate and used exclusively for the purpose of paying the interest and principal of such bonds. All such repairs or restorations, so far as practicable, shall be made by contract let upon public competitive bids to the lowest responsible bidder.

     Your committee further recommends that said bill, as amended, be placed on the general file and passed.

CORDEAL, Chairman.

     The report was adopted, and the bill was placed on general file.

Resolution

     Whereas, In July when asked by the House of Representatives, to Impower the Legislature with the right to deal with the question of the High Cost of Living and Industrial unrest, the Governor replied: "The Code Law is sufficient." More than two months have passed. All commodities have increased in cost except farm products. Everywhere conditions are alarming. The Federal Government wrangles over European matters. Our boast of free speech and press is a fiction. Repression, intimidation and subsidized propaganda make distrust and resentment. The Public believes that millions of government money have been and are being wasted and stolen in the interest of and by an increasing army of millionaires, who, intrenched in government are extorting billions from labors productions. Labor on the farm is restless and in dozens of cities hundreds of thousands are on strikes. He's blind who refuses to see the danger. He is blinder still who neglects a remedy. And he invites vengeance and anarchy who believes it can be cured with clubs and guns. Nebraska contributes her share of these troubles. The High Cost of Living, the Packers and Sugar Profiteers, Denial of Free Speech winked at by the authorities, Complaint from the farms and Strikes and Riots in the cities. Her code bill is impotent, her administration worse than indifferent--The Governor, so far, has refused to let an anxious Legislature even try to find an ameliorating remedy for this political repression and industrial extortion. And,

     Whereas, The matter for which we are convened is infinitesimally insignificant with this above which I am moving. And,

     Whereas Further, Being now here and in session the additional expense would be light.

     THEREFORE, Mr. President, I move: That the Governor is, hereby, requested, by Constitutional Message, to impower this Legislature with sufficient authority for the enactment of needed legislation relating to the High Cost of Living and prevalent industrial unrest.

TAYLOR.

     The motion was laid over one day under the rules.

Committee of the Whole

     At 11:20 a. m., Senator Peterson moved that the Senate now resolve itself into Committee of the Whole to consider bills on general file.

     The motion prevailed. Mr. Peterson in the chair.

     After some time spent therein, the committee arose and by its chairman submitted the following report:

Committee of the Whole Report

     Mr. President: Your Committee of the Whole have had under consideration Senate File No. 1, "A Bill for an Act to enable counties to issue and sell bonds, without vote of the people, in cages of emergency, to raise funds to repair or restore county buildings, or other 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," and report the same back to the Senate with the recommendation that it be engrossed for third reading as amended.

PETERSON, Chairman.

     Senate Committee of the Whole Amendments to Senate File No. 1

     Strike out the title and substitute therefor the following: "A Bill for an Act to enable counties, in cases of emergency, to issue and sell bonds without a vote of the people to raise funds to repair county buildings or restore other county property damaged or destroyed by fire, riot, mob, storm or other casualty; to provide a tax levy to pay the interest and principal of such bonds; and to declare an emergency."

     Strike out Section 1 and substitute therefor the following:

     "Section 1. In case of the partial destruction of a court house, jail, or other county public building by fire, riot, mob, storm or other casualty, or in case of the partial or total destruction by any such agency of the public records, books, office furniture, fixtures or equipment in any such building, the county board shall cause estimates to be made of the cost of repairing such building, or of repairing or restoring such public records, books, furniture, fixtures or equipment to their condition before such partial or total destruction, and shall, without a vote of the people, have power to issue and sell the bonds of the county, in such amount as the board deem necessary, not exceeding such estimates, to accomplish such repairs or restoration. To create a fund for the payment of such bonds and to provide for the payment of the interest thereon, the board shall, notwithstanding any other statute authorizing tax levies upon any less valuation, have power to levy a tax not exceeding, together with all other tax levies, fifteen (15) mills on the dollar upon the actual or full market valuation of the property in the county. Such levy and the taxes derived therefrom shall be kept separate and used exclusively for the purpose of paying the interest and principal of such bonds. All such repairs or restorations, so far as practicable, shall be made by contract let upon public competitive bids to the lowest responsible bidder."

     Report adopted.

Motion

     Mr. Peterson offered the following motion:

     Mr. President: I move that the Senate now recess until ten minutes to twelve.

     The motion prevailed.

AFTER RECESS

     After recess, the Senate was called to order by the President Pro Tem.

Standing Committee Reports

     Mr. President: Your Committee on Engrossed and Enrolled Bills respectfully report that we have carefully examined and compared Senate File No. 1, and find the same correctly engrossed.

HARRISS, Chairman.

     Report adopted.

     The following bills were read the third time and placed upon their passage:

Bills on Third Reading

Senate File No. 1--By Saunders, Cooper, Sears, Tanner, Robbins.

     "A Bill for an Act to enable counties, in cases of emergency, to issue and sell bonds without a vote of the people to raise funds to repair county buildings or restore other county property damaged or destroyed by fire, riot, mob, storm or other casualty; to provide a tax levy to pay the interest and principal of such bonds; and to declare an emergency," was read the third time and put upon its passage.

     Whereupon the President stated: This bill having been read at large on three different days, and the same with all of its amendments having been printed, the question is, shall the bill pass with the emergency clause?"

     The roll was called and those voting in the affirmative were:

     Messrs. Ainlay, Barr, Bushee, Brooks, Cooper, Chappell, Cronin, Cordeal, Harriss, Hall, Houston, Johnson, Neal, Peterson, Randall, Robbins, Reed, Sears, Saunders, Siman, Tanner, Watson--22.

     Those voting in the negative were: Messrs. Erickson, Hammond, Swanson--3.

     A constitutional two-thirds majority having voted in the affirmative, the President declared the bill was passed with the emergency clause and the title agreed to.

     On motion by Senator Peterson, the Senate took a recess until 4 o'clock p. m,

AFTER RECESS

     The Senate was called to order after recess by the President.

     The roll was called, and the following Senators were present: Messrs. Barr, Bushee, Brooks, Cooper, Chappell, Cordeal, Hammond, Harriss, Hall, Houston, Neal, Peterson, Randall, Robbins, Reed, Swanson, Taylor, Watson.

     Absent, Excused: Ainlay, Bradstreet, Cronin, Erickson, Good, Hoagland, Johnson, Sturm, Sears, Saunders, Siman, Tanner, Warner, Weaverling, Weston.

Message from the House

Hall of Representatives, Lincoln, Nebraska, October 16, 1919.

     Mr. President: I am directed by the House to inform your honorable body that they have passed and herewith transmit House Rolls Nos. 2 and 3 with the emergency clause.

WILL F. HITCHCOCK, Chief Clerk.

     The following bills were received from the House and read the first time:

Bills on First Reading

House Roll No. 3--By Committee on Finance, Ways and Means.

     A Bill for an Act to provide for the payment of members, officers and employees of the Thirty-ninth Session (Extraordinary Session) of the Legislature of the State of Nebraska and appropriating the sum of ten thousand six hundred dollars therefor, and to declare an emergency.

House Roll No. 2--By Committee on Finance, Ways and Means.

     A Bill for an Act to provide for the payment of the incidental expenses incurred during the Thirty-ninth Session (Extraordinary Session) of the Legislature of the State of Nebraska, and to declare an emergency.

     The following message was received from the House by its Chief Clerk.

Message From the House

Hall of Representatives, Lincoln, Nebraska, October 16, 1919.

     Mr. President: I am directed by the House to transmit the accompanying opinion of Attorney General Davis for your consideration, also H. R. No. 1, with amendments.

WILL F. HITCHCOCK, Chief Clerk.

     The following Bills were received from the House and read first time:

Bills on First Reading

House Roll No. 1--By Harry A. Foster, George B. Dyball, James Allan, Louis Berka, Victor D. Reynolds, Robt. C. Druesedow, A. C. Harte, Jerry Howard.

     A Bill for an act to amend Section 1, 3 and 4 of Chapter 184, Session Laws of Nebraska for the year 1919, and to amend Section

4199 of the Revised Statutes of Nebraska for the year 1913, and to amend Section 4200 of Revised Statutes of Nebraska for the year 1913, and to repeal said original sections, and declare an emergency.

     At 5:30 Mr. Peterson offered the following motion:

     Mr. President: I move that the Senate now adjourn until 10 o'clock tomorrow morning.

     The motion prevailed.

CLYDE H. BARNARD, Secretary of Senate.