Senate Chamber, Lincoln, Nebraska,
Saturday, October 18, 1919.
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FIFTH DAY
Senate Chamber, Lincoln, Nebraska,
Saturday, October 18, 1919.
The Senate was called to order by the President.
The roll was called, and the following Senators were present:
Messrs. Ainlay, Barr, Bushee, Brooks, Cooper, Chappell, Cronin, Cordeal, Erickson, Hammond, Hoagland, Harriss, Hall, Houston, Johnson, Neal, Peterson, Randall, Robbins, Reed, Sears, Saunders, Siman, Swanson, Tanner, Taylor, Warner, Watson.
Absent, Excused: Bradstreet, Good, Weaverling, Weston, Sturm.
Prayer was offered by the Chaplain.
Pending the reading of the Journal for the fourth day, Senator Reed 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 Finance, Ways and Means, having had under consideration House Roll No. 2, providing funds for the incidental expenses of this sesison (sic) of the legislature, respectfully reports same back to the senate with the recommendation that it be passed.
NEAL, Chairman.
The report was adopted.
Mr. President: Your Committee on Finance, Ways and Means, having had under consideration House Roll No. 3, providing funds for the payment of the members, officials and employes of this session of the legislature, respectfully reports same back to the senate with the recommendation that it be advanced to third reading.
NEAL, Chairman.
The resolution by Mr. Taylor, which wag again laid over yesterday was again taken up.
Senator Peterson offered, as a substitute, the following resolution:
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Resolution
WHEREAS, The people of Nebraska, in common with those of our sister states and of a large portion of the world, are conscious of the fact that the entire economic structure of our civilization, as a result of the destructive agencies of war, has been wrenched, and our institutions put to a test even more severe than the test of war,
WHEREAS, our experience in recent months leads us to believe that our new economic conditions may demand an extension of governmental power to include in state regulations some or all of the agencies engaged in the handling of commodities generally classed as necessaries of life to the end that those agencies shall be required to render service to all alike without discrimination and for a reasonable compensation.
WHEREAS, that problem and others related thereto should receive immediate and earnest attention, while we are fully conscious of the fact that we cannot by legislative enactment alter economic facts, nor by legislative decree restore to the world its loss from wastage of war.
WHEREAS, we sincerely desire to aid in whatever way in our power to bring back to our citizenship that condition of industrial and social content which a free people, blessed with an environment of untold possibilities and with a desire to achieve, ought to possess.
THEREFORE, be it resolved, that the President appoint three members of the Senate to act with a like committee of the House, if that body sees fit to join with us; that said committee, conferring with the administrative officers of the state, consult with representative citizens on behalf of such groups of labor, consumers or business as they may speak for and then, if, in the judgment of the committee, a legislative program can be formulated which promises any relief from existing economic ills, such committee petition the Governor to reassemble the legislature to consider its recommendations.
BE IT RESOLVED, that a copy hereof be transmitted to the House of Representatives.
The substitute resolution was adopted.
The following bills were read the third time and put upon their passage:
Bills on Third Reading
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," was read the third time and placed 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?"
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The roll was called and those voting in the affirmative were: Messrs. Ainlay, Barr, Busbee, Brooks, Cooper, Chappell, Cordeal, Erickson, Hammond, Harriss, Hall, Houston, Johnson, Randall, Robbins, Reed, Sears, Saunders, Siman, Swanson, Tanner, Taylor, Warner, Watson. Total, 23.
Those voting in the negative were: None.
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.
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," 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. Barr, Bushee, Brooks, Cooper, Chappell, Cordeal, Erickson, Hammond, Harriss, Hall, Houston, Johnson, Randall, Robbins, Reed, Sears, Saunders, Siman, Swanson Taylor, Warner, Watson. Total 22.
Those voting in the negative were: None.
A constitutional two-thirds majority having voting in the affirmative, the President declared the bill was passed with the emergency clause and the title agreed to.
Message From the House
Hall of Representatives, Lincoln, Nebraska, October 18, 1919.
Mr. President: I am directed by the House to inform your Honorable Body that they have passed and herewith transmit Senate File No. 1 with House amendments.
WILL F. HITCHCOCK, Chief Clerk.
Senator Hoagland asked that his resolution which was laid over yesterday, relating to appointments by the governor during recess, be now considered, and the resolution was taken up.
Mr. Hoagland moved the adoption of the resolution.
The motion prevailed, and the resolution was adopted.
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Motion
Senator Sears offered the following motion:
Mr. President: I move that the Senate do not concur in House amendments to Senate File No. 1, and that a conference committee be appointed to confer with a like committee from the House.
The motion prevailed.
The President appointed as such conference committee Senators Sears, Cordeal and Peterson.
Report of Standing Committees
Mr. President: Your Committee on Judiciary, having had under consideration House Roll No. 1, report the same back to the Senate with the recommendation that it be amended as follows:
First: Amend the engrossed bill by striking the title therefrom, and substituting therefor the following:
"A Bill for an Act to amend Sections 1, 3 and 4 of Chapter 184 of the Session Laws of Nebraska for 1919; to amend Sections 4199, 4200 and 5300 of the Revised Statutes of Nebraska for 1913; to repeal said original sections, and to declare an emergency."
Second:. Amend the engrossed bill by striking therefrom Section 1 and substituting therefor the following:
"Section 1. That Section 1 of Chapter 184 of the Session Laws of Nebraska for 1919 be amended to read as follows:
Section 1. The officers and men of the fire department of cities of the metropolitan class shall receive annually the following salaries, to be paid in equal monthly installments:
| The chief |
$4,000.00
|
| The assistant chiefs, each |
3,000.00
|
| The battalion chiefs, each |
2,500.00
|
| The senior captains, each not less than |
1,800.00
|
| The junior captains, each not less than |
1,620.00
|
| Firemen, for the first six months, per month |
100.00
|
| Firemen, for the second six months, per month |
100.00
|
| Firemen, for the third six months, per month |
110.00
|
| Firemen, for the fourth six months and thereafter, not less per month than |
125.00
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The officers and men of the police department of cities of the metropolitan class shall receive such compensation as may be fixed by ordinance not to exceed the following amounts per month:
| Inspector of police |
$300.00
|
| Chief of detectives |
200.00
|
| Captains of police |
185.00
|
| Lieutenants of police |
170.00
|
| Detectives |
175.00
|
| Sergeants of police |
160.00
|
| Patrolmen, for the first six months . |
125.00
|
| Patrolmen, for the second six months |
125.00
|
| Patrolmen, for the third six months |
130.00
|
| Patrolmen, for the fourth six months |
140.00
|
| Patrolmen, for the fifth six months and thereafter |
150.00
|
Patrolmen shall serve a probationary period of six months at not to exceed the minimum amount fixed herein for the compensation of patrolmen, and shall not receive any higher compensation until their appointment is confirmed by the council."
Section 2. That Section 3 of Chapter 184 of the Session Laws of 1919 be amended to read as follows:
"Section 3. No member of the council shall vote for, authorize or allow any item of expense from any appropriated fund in excess of ninety per cent, of the amount of such fund unless and until additional money has been credited to such fund by the comptroller, and the comptroller has certified such fact to the council, in which event the excess allowance shall not exceed the amounts of additional credits to such fund. The comptroller shall not draw or issue any warrant or order for the payment of an item or claim from any fund other than that set aside and appropriated for the purpose for which such item or claim may be allowed. A violation of either of the foregoing provisions shall constitute malfeasance in office.
No contract shall be made or indebtedness incurred by the council or by any officer or department of the city over and above the amounts provided and appropriated in the annual appropriation measure. Any contract so made or other indebtedness sought to be incurred, in excess of such amount, shall be null and void and not binding upon the city, and may not be recovered in any action on the contract or on the indebtedness or on quantum meruit. The restriction last above imposed shall not, however, apply in any of the following instances:
(1) In the event of a threatened or actual epidemic of disease, or of some unforeseen accident or emergency threatening or imperiling the peace, good order, or general welfare of the city, requiring immediate action on the part of the city. To meet any of the foregoing emergencies the city may provide additional means, if sufficient
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are not on hand and appropriated to such purpose from any unappropriated money in the treasury, or may borrow from banks or other outside sources an amount reasonably necessary therefor. Before any such additional appropriation is made, or any money borrowed for such purposes, an emergency ordinance shall be passed specifying, with particularity, the nature and character of the epidemic, actual or threatened, the accident or emergency requiring action and attention in the interest of the public good, and the amount of additional money necessary. If money be borrowed for such purposes from outside sources, provision for the payment thereof shall be made in the next succeeding annual appropriation. No appropriation of funds other than to miscellaneous purposes shall be borrowed from or transferred for the purposes herein stated.
(2) Such liabilities shall not apply when the city has entered into a contract to improve a street in any improvement district, and the contractor has defaulted and failed to comply with his contract, and the city is authorized and required to complete such contract. In any such event and for the purpose of securing the money to complete such contract, the council may temporarily borrow from other funds of the city, if there is not on hand and available sufficient unappropriated money, an amount reasonably necessary to complete the contract. The money so borrowed from any such fund shall be restored thereto as soon as the city receives the money raised to pay for the improvement within such improvement district.
(3) Such limitations shall not apply when, after the annual levy or appropriation for such purpose has been made, the legislature may grant increases in salaries and wages to the members of the fire or police department, even though such increases so authorized be more than sufficient to exhaust the provisions made in the annual appropriation measure. In such event, after the appropriation for such purpose has been exhausted, the council is authorized to draw and issue warrants with which to pay the salaries of the members of such departments for the remainder of such fiscal year. All warrants so drawn and issued in excess of the appropriation for such purposes and for the balance of the fiscal year shall be valid and binding obligations upon the city, and an appropriation to pay the same shall be made in the next succeeding annual appropriation.
(4) The limitations shall not apply in case the council deem it necessary, after the annual levy or appropriation of the city funds has been made, to increase the number of policemen employed by the city. In such case, the city shall have power to issue warrants or borrow money to meet the expense of such increase in the police force, and to make provision for the payment of such warrants or borrow funds in the next annual levy."
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Section 3. That Section 4 of Chapter 184 of the Session Laws of 1919 be amended to read as follows:
"Section 4. The council shall annually certify by resolution to the county clerk of the county in which the city is situated the number of mills, not exceeding forty, to be levied as taxes on each dollar of valuation of all taxable property within the limits of the city, for all municipal purposes for the ensuing year, and in addition thereto the number of mills necessary to pay the interest on the bonded indebtedness, and not less than two nor more than four mills for the purpose of creating a sinking fund to be used in paying off maturing bonds of the city. Such certification shall be made before the county board of equalization has made a levy of taxes in such year. The city council shall also certify to the county clerk the levy required by the board of education of the school district in any such city and any other levy that may he required."
Section 4. That Section 4199 of the Revised Statutes of Nebraska for 1913 be amended to read as follows:
"Section 4199. The council shall employ a chief of the fire department and other officers, and such firemen and assistants as may be proper and necessary for the effective service of this department, to the extent and limit that the funds provided by the council for that purpose will allow. The council shall have power, and it shall be its duty to appoint a chief of police, and other police officers and policemen to the extent that funds may be available to pay their salaries, and as may be necessary for the proper protection and efficient policing of the city, and as may be necessary to protect citizens and property, and maintain peace and good order. The council may appoint and define the duties of not to exceed two police matrons."
Third. Amend the engrossed bill by striking therefrom Section 2 and substituting therefor the following:
"Section 5. That Section 4200 of the Revised Statutes of Nebraska for 1913 be amended to read as follows:
"Section 4200. All members or appointees of the fire department shall be subject to removal by the council under such rules and regulations as they may adopt, whenever the council shall consider and declare such removal necessary for the proper management or discipline or for the more effective working or service of the department. No member or officer of the fire department shall be discharged or employed for political reasons. Before a fireman can be discharged, charges shall be filed against him before the council, and a hearing had thereon, and an opportunity given him to defend. This provision shall not be construed to prevent peremptory suspension of such member by his superiors In case of misconduct, neglect of duty or disobedience of orders. Whenever any such suspension is made, charges shall
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be filed forthwith by the person ordering the same and a trial had thereon at the second meeting of the council thereafter. The council shall have the power to enforce the attendance of witnesses and the production of books and papers, to administer oaths in the same manner and with like effect and under the same penalties as in the case of magistrates exercising civil and criminal jurisdiction under the statutes of the state of Nebraska, and to perform such other duties as may be authorized or defined by ordinance."
"All members or appointees of the police department may be removed by the council under such rules and regulations as it may adopt."
Fourth: Amend the engrossed bill by inserting as Section 6 the following:
"Section 6. That Section 5300 of the Revised Statutes of Nebraska for 1913 be amended to read as follows:
"Section 5300. The council shall at its first meeting, or just as soon as possible thereafter, elect as many of the city officers provided for by the then existing laws or ordinances governing any such city as may, in the judgment of the council, be essential and necessary to the economical but efficient and proper conducting of the government of the city and shall at the same time fix the salaries of the officers so elected either by providing that such salaries shall remain the same as fixed by the then existing laws or ordinances for such officers or may then raise or lower the existing salaries of any such officers, and the council may modify the powers or duties of any such officers as provided by then existing laws or ordinances, or may completely define and fix such powers or duties anew. Any such officers or any assistant or employee elected or provided by the council may be removed by the council at any time; Provided, however, in cities of the metropolitan class no member or officer of the fire department or department of fire protection and water supply, shall be discharged for political reasons, nor shall a person be employed or taken into either of such departments for political reasons. Before any such officer or employee can be discharged charges must be filed against him before the council and a hearing had therein, and an opportunity given such officer or employee to defend against such charges, but this provision shall not be construed to prevent peremptory suspension of such member by the council in case of misconduct or neglect of duty or disobedience of orders. Whenever any such suspension is made, charges shall be at once filed by the council with the officer having charge of the records of the council and a trial had thereon at the second meeting of the council after such charges are filed. For the purpose of hearing such charges the council shall have power to enforce attendance of witnesses, the production of 'books and papers, and to administer oaths to witnesses in the same manner and
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with like effect and under the same penalty, as in the case of magistrates exercising civil and criminal jurisdiction under the statutes of the state of Nebraska."
Fifth: Amend the engrossed bill by striking therefrom Section 3, and substituting therefor the following:
"Section 7: That Sections 1, 3 and 4 of Chapter 184, of the Session Laws of Nebraska for 1919, and Sections 4199, 4200 and 5300 of the Revised Statutes of Nebraska for the year 1913 be, and the same are hereby, repealed."
Sixth: Amend the engrossed bill by striking therefrom Section 4, and substituting therefor the following:
"Section 8. Whereas, an emergency exists, this act shall be in force from and after its passage and approval.
Your committee further recommends that said House Roll No. 1, as amended, be placed on general file and passed.
CORDEAL, Chairman.
Communication From Chancellor Avery
A communication from Chancellor Avery of the State University, inviting Senators to the football game this afternoon was received and placed on file.
On motion by Senator Hoagland, the invitation was accepted.
Report of Conference Committee
Mr. President: Your Conference Committee on Senate File No. 1 has had the same under consideration, and reports the same back to the Senate with the recommendation that the first and second amendments be concurred in.
We further recommend that the third amendment to said Senate File No. 1 be not concurred in, and that in lieu thereof the following amendment be adopted.
"Amend Section 1 of the engrossed bill by inserting, in line 2, after the word 'Building' and before the word 'by' the following: 'in any county having a population of one hundred and fifty thousand.'
| SEARS, | FULTS, |
| CORDEAL, | HARDIN, |
| PETERSON, | WILDMAN. |
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The roll was called on the adoption of the report, and those voting in the affirmative were:
Messrs. Ainlay, Barr, Bushee, Brooks, Cooper, Chappell, Cronin, Cordeal, Hoagland, Hall, Houston, Johnson, Neal, Peterson, Randall, Robbins, Sears, Saunders, Siman, Swanson, Tanner, Taylor, Watson. Total 23.
Those voting in the negative were: None.
Motion
Mr. Cordeal offered the following motion:
Mr. President: I move that the Senate now resolve itself in Committee of the Whole to consider bills on general file.
The motion prevailed.
Senator Cordeal in the chair.
After some time spent therein, the committee arose, and by its chairman made the following report:
Committee of the Whole
Mr. President: Your Committee of the Whole have had under consideration House Roll No. 1, and report the same back to the Senate with recommendation that it be passed as amended.
CORDEAL, Chairman.
The report was adopted.
Senate Committee of the Whole Amendments to House Roll No. 1
First: Amend the engrossed bill by striking the title therefrom, and substituting therefor the following:
"A Bill for an Act to amend Sections 1, 3 and 4 of Chapter 184 of the Session Laws of Nebraska for 1919; to amend Sections 4199, 4200 and 5300 of the Revised Statutes of Nebraska for 1913; to repeal said original sections, and to declare an emergency."
Second: Amend the engrossed bill by striking therefrom Section 1 and substituting therefor the following:
"Section 1. That Section 1 of Chapter 184 of the Session Laws of Nebraska for 1919 be amended to read as follows:
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45
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Section 1. The officers and men of the fire department of cities of the metropolitan class shall receive annually the following salaries, to be paid in equal monthly installments:
| The chief |
$4,000.00
|
| The assistant chiefs, each |
3,000.00
|
| The battalion chiefs, each |
2,500.00
|
| The senior captains, each not less than |
1,800.00
|
| The junior captains, each not less than. |
1,620.00
|
| Firemen, for the first six months, per month |
100.00
|
| Firemen, for the second six months, per month |
100.00
|
| Firemen, for the third six months, per month |
110.00
|
| Firemen, for the fourth six months and thereafter, not less per month than |
125.00
|
The officers and men of the police department of cities of the metropolitan class shall receive such compensation as may be fixed by ordinance not to exceed the following amounts per month:
| Inspector of police |
$300.00
|
| Chief of detectives |
200.00
|
| Captains of police |
185.00
|
| Lieutenants of police |
170.00
|
| Detectives |
175.00
|
| Sergeants of police |
160.00
|
| Patrolmen, for the first six months |
125.00
|
| Patrolmen, for the second six months |
125.00
|
| Patrolmen, for the third six months |
130.00
|
| Patrolmen, for the fourth six months |
140.00
|
| Patrolmen, for the fifth six months and thereafter |
150.00
|
Patrolmen snail serve a probationary period of six months at not to exceed the minimum amount fixed herein for the compensation of patrolmen, and shall not receive any higher compensation until their appointment is confirmed by the council."
Section 2. That Section 3 of Chapter 184 of the Session Laws of 1919 be amended to read as follows:
"Section 3. No member of the council shall vote for, authorize or allow any item of expense from any appropriated fund in excess of ninety per cent, of the amount of such fund unless and until additional money has been credited to such fund by the comptroller, and the comptroller has certified such fact to the council, in which event the excess allowance shall not exceed the amounts of additional credits to such fund. The comptroller shall not draw or issue any warrant or order for the payment of an item or claim from any fund other than that set aside and appropriated for the purpose for which such item or claim may be allowed. A violation of either of the foregoing provisions shall constitute malfeasance in office.
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No contract shall be made or indebtedness incurred by the council or by any officer or department of the city over and above the amounts provided and appropriated in the annual appropriation measure. Any contract so made or other indebtedness sought to be incurred, in excess of such amount, shall be null and void and not binding upon the city, and may not be recovered in any action on the contract or on the indebtedness or on quantum meruit. The restriction last above imposed shall not, however, apply in any of the following instances:
(1) In the event of a threatened or actual epidemic of disease, or of some unforeseen accident or emergency threatening or imperiling the peace, good order, or general welfare of the city, requiring immediate action on the part of the city. To meet any of the foregoing emergencies the city may provide additional means, if sufficient are not on hand and appropriated to such purpose from any unappropriated money in the treasury, or may borrow from banks or other outside sources an amount reasonably necessary therefor. Before any such additional appropriation is made, or any money borrowed for such purposes, an emergency ordinance shall be passed specifying, with particularity, the nature and character of the epidemic, actual or threatened, the accident or emergency requiring action and attention in the interest of the public good, and the amount of additional money necessary. If money be borrowed for such purposes from outside sources, provision for the payment thereof shall be made in the next succeeding annual appropriation. No appropriation of funds other than to miscellaneous purposes shall be borrowed from or transferred for the purposes herein stated.
(2) Such liabilities shall not apply when the city has entered into a contract to improve a street in any improvement district, and the contractor has defaulted and failed to comply with his contract, and the city is authorized and required to complete such contract. In any such event and for the purpose of securing the money to complete such contract, the council may temporarily borrow from other funds of the city, if there is not on hand and available sufficient unappropriated money, an amount reasonably necessary to complete the contract. The money so borrowed from any such fund shall be restored thereto as soon as the city receives the money raised to pay for the improvement within such improvement district.
(3) Such limitations shall not apply when, after the annual levy or appropriation for such purpose has been made, the legislature may grant increases in salaries and wages to the members of the fire or police department, even though such increases so authorized be more than sufficient to exhaust the provisions made in the annual appropriation measure. In such event, after the appropriation for such purpose has been exhausted, the council is authorized to draw and issue warrants with which to pay the salaries of the members of such
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departments for the remainder of such fiscal year. All warrants so drawn and issued in excess of the appropriation for such purposes and for the balance of the fiscal year shall be valid and binding obligations upon the city, and an appropriation to pay the same shall be made in the next succeeding annual appropriation.
(4) The limitations shall not apply in case the council deem it necessary, after the annual levy or appropriation of the city funds has been made, to inrcease (sic) the number of policemen employed by the city. In such case, the city shall have power to issue warrants or borrow money to meet the expense of such increase in the police force, and to make provision for the payment of such warrants or borrow funds in the next annual levy."
Section 3. That Section 4 of Chapter 184 of the Session Laws of 1919 be amended to read as follows:
"Section 4. The council shall annually certify by resolution to the county clerk of the county in which the city is situated the number of mills, not exceeding forty, to be levied as taxes on each dollar of valuation of all taxable property within the limits of the city, for all municipal purposes for the ensuing year, and in addition thereto the number of mills necessary to pay the interest on the bonded indebtedness, and not less than two nor more than four mills for the purpose of creating a sinking fund to be used in paying off maturing bonds of the city. Such certification shall be made before the county board of equalization has made a levy of taxes in such year. The city council shall also certify to the county clerk the levy required by the board of education of the school district in any such city and any other levy that may be required."
Section 4. That Section 4199 of the Revised Statutes of Nebraska for 1913 be amended to read as follows:
"Section 4199. The council shall employ a chief of the fire department and other officers, and such firemen and assistants as may be proper and necessary for the effective service of this department, to the extent and limit that the funds provided by the council for that purpose will allow. The council shall have power, and it shall be its duty to appoint a chief of police, and other police officers and policemen to the extent that funds may be available to pay their salaries, and as may be necessary for the proper protection and efficient policing of the city, and as may be necessary to protect citizens and property, and maintain peace and good order. The council may appoint and define the duties of not to exceed two police matrons."
Third. Amend the engrossed bill by striking therefrom Section 2 and substituting therefor the following:
"Section 5. That Section 4200 of the Revised Statutes of Nebraska for 1913 be amended to read as follows:
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"Section 4200. All members or appointees of the fire department shall be subject to removal by the council under such rules and regulations as they may adopt, whenever the council shall consider and declare such removal necessary for the proper management or discipline or for the more effective working or service of the department. No member or officer of the fire department shall be discharged or employed for political reasons. Before a fireman can be discharged, charges shall be filed against him before the council, and a hearing had thereon, and an opportunity given hint to defend. This provision shall not be construed to prevent peremptory suspension of such member by his superiors in case of misconduct, neglect of duty or disobedience of orders. Whenever any such suspension is made, charges shall be filed forthwith by the person ordering the same and a trial had thereon at the second meeting of the council thereafter. The council shall have the power to enforce the attendance of witnesses and the production of books and papers, to administer oaths in the same manner and with like effect and under the same penalties as in the case of magistrates exercising civil and criminal jurisdiction under the statutes of the state of Nebraska, and to perform such other duties as may be authorized or defined by ordinance."
"All members or appointees of the police department may be removed by the council under such rules and regulations as it may adopt."
Fourth: Amend the engrossed bill by inserting as Section 6 the following:
"Section 6. That Section 5300 of the Revised Statutes of Nebraska for 1913 be amended to read as follows:
"Section 5300. The council shall at its first meeting, or just as soon as possible thereafter, elect as many of the city officers provided for by the then existing laws or ordinances governing any such city as may, in the judgment of the council, be essential and necessary to the economical but efficient and proper conducting of the government of the city and shall at the same time fix the salaries of the officers so elected either by providing that such salaries shall remain the same as fixed by the then existing laws or ordinances for such officers or may then raise or lower the existing salaries of any such officers, and the council may modify the powers or duties of any such officers as provided by then existing laws or ordinances, or may completely define and fix such powers or duties anew. Any such officers or any assistant or employee elected or provided by the council may be removed by the council at any time; Provided, however, in cities of the metropolitan class no member or officer of the fire department or department of fire protection and water supply, shall be discharged for political reasons, nor shall a person be employed or taken into either of such departments for political reasons. Before any
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49
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such officer or employee can be discharged charges must be filed against him before the council and a hearing had therein, and an opportunity given such officer or employee to defend against such charges, but this provision shall not be construed to prevent peremptory suspension of such member by the council in case of misconduct or neglect of duty or disobedience of orders. Whenever any such suspension is made, charges shall be at once filed by the council with the officer having charge of the records of the council and a trial had thereon at the second meeting of the council after such charges are filed. For the purpose of hearing such charges the council shall have power to enforce attendance of witnesses, the production of books and papers, and to administer oaths to witnesses in the same manner and with like effect and under the same penalty, as in the case of magistrates exercising civil and criminal jurisdiction under the statutes of the state of Nebraska."
Fifth: Amend the engrossed bill by striking therefrom Section 3, and substituting therefor the following:
"Section 7: That Sections 1, 3 and 4 of Chapter 184, of the Session Laws of Nebraska for 1919, and Sections 4199, 4200 and 530 of the Revised Statutes of Nebraska for the year 1913 be, and the same are hereby, repealed."
Sixth: Amend the engrossed bill by striking therefrom Section 4, and substituting therefor the following:
"Section 8. Whereas, an emergency exists, this act shall be in force from and after its passage and approval.
Your committee further recommends that said House Roll No. 1, as amended, be placed on general file and passed.
CORDEAL, Chairman.
The following bills were read the third time and put upon their passage:
Bills on Third Reading
House Roll No. 1--By Harry A. Foster, George B. Dyball, James Allan, Louis Berka, Victor B. Reynolds, Robt. C. Druesedow, A. C. Harte, Jerry Howard.
A Bill for an Act to amend Sections 1, 3 and 4 of Chapter 184 of the Session Laws of Nebraska for 1919; to amend Sections 4199, 4200 and 5300 of the Revised Statutes of Nebraska for 1913; to repeal said original sections, 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 amend-
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ments 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, Erickson, Hammond, Hoagland, Harriss, Hall, Houston, Johnson, Neal, Peterson, Randall, Robbins, Reed, Sears, Saunders, Siman, Tanner, Taylor, Warner, Watson, Swanson. Total 28.
Those voting in the negative were: None.
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.
While the Senate was in session and capable of transacting business, the President signed House Rolls Nos. 2 and 3.
The following message was received from the House by its Chief Clerk:
Message From the House
Mr. President: I am directed by the House to inform your honorable body that they have adopted the Conference Committee Report on Senate File No. 1.
WILL F. HITCHCOCK, Chief Clerk.
By WILL C. ISRAEL, First Asst.
The following message was received from the House by Its Chief Clerk.
Message From the House
Mr. President: I am directed by the House to inform your honorable body that they have refused to concur in Senate Amendments to House Roll No. 1 and have appointed the following committee: Messrs. Jenison, Jeary and Byrum.
WILL F. HITCHCOCK, Chief Clerk.
Motion
Senator Sears offered the following motion:
Mr. President: I move that a Conference Committee be appointed on House Roll No. 1.
The motion prevailed.
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The President appointed as such committee Senators Cordeal, Peterson and Sears.
Report of Conference Committee
We, your Conference Committee on House Roll No. 1 have had the same under consideration and beg leave to report that we recommend that the Senate Amendments be concurred in by the House.
| C. W. SEARS, |
| J. F. CORDEAL, |
| C. PETRUS PETERSON, |
| Members of Senate Committee. |
| A. J. JENISON, |
| C. H. BYRUM, |
| CLARK JEARY, |
| Members of House Committee. |
Mr. Hoagland moved that the Senate adopt the Conference Committee Report on House Roll No. 1.
The motion prevailed and the report was adopted.
The following message was received from the House by its Chief Clerk:
Message From the House
Hall of Representatives, Lincoln, Nebraska, October 18, 1919.
Mr. President: I am directed by the House to inform your honorable body that they have concurred in the Senate Amendments to House Roll No. 1.
WILL F. HITCHCOCK, Chief Clerk.
Motion
Senator Hoagland offered the following motion:
Mr. President: I move that the Secretary of the Senate be allowed one extra day's compensation to close the business of this session; that the Secretary be authorized to prepare the proceedings of this Extra Session of the Senate for publication and that he be allowed a compensation of $100.00 for this service.
HOAGLAND.
The motion prevailed.
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Report of Standing Committees
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 enrolled.
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HARRISS,
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Chairman Senate Engrossing
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and Enrolling Committee.
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President Signs
While the Senate was in session and capable of transacting business, the President signed Senate File No. 1 and House Roll No. 1.
Call of the House
Mr. Robbins moved a call of the house, and Mr. Cronin moved that absentees be sent for.
The motion prevailed.
Mr. Robbins moved that the call of the House be raised.
The motion prevailed.
Mr. Robbins moved a call of the House.
The motion prevailed.
Mr. Cordeal moved that the call of the House be raised.
The motion prevailed.
Mr. Cordeal moved that the Senate recess until 5 p. m.
The motion did not prevail.
Mr. Cordeal moved a call of the house.
The motion prevailed.
Mr. Siman moved that the call of the house be raised.
The motion did not prevail.
Mr. Cronin moved that the call of the house be raised.
The motion prevailed.
Report of Standing Committee
Mr. President: Your Committee on Engrossed and Enrolled Bills respectfully report that we have this day, at 2:30 o'clock p. m., presented to the Governor for his approval:
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Senate File No. 1.
"A Bill for an Act to enable counties having a population of 150,000 or more, in eases 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."
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HARRISS,
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Chairman Senate Committee.
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McLEOD,
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| Chairman House Committee. |
Governor Signs
To the Honorable P. A. Barrows,
Lieutenant Governor and President of the Senate:
I am directed by His Excellency, the Governor, to inform your honorable body that he has this day approved the following acts, viz: Senate File No. 1.
Respectfully,
O. H. ZUMWINKEL,
Private Secretary to the Governor.
State of Nebraska Executive Office, October 18, 1919.
Call of the House
Mr. Hammond moved a call of the house.
The motion prevailed.
Motion by Mr. Hall, that the call of the house be raised.
The motion prevailed.
The President appointed Senators Neal, Taylor and Cooper to act with a like committee from the House in reference to investigation of economic conditions and formulation of n remedy, under the resolution by Mr. Peterson previously adopted.
Message From the Governor
Executive Office, Lincoln, Nebraska.
To Hon. P. A. Barrows, Lieutenant Governor and President of the Senate, and to the Members of the Senate:
I submit for your approval the following names of the ones who were appointed to fill the positions hereinafter enumerated under the Civil Administrative Code.
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Secretary of the Department of Finance, Philip F. Bross.
Secretary of the Department of Agriculture, Leo B. Stuhr.
Secretary of the Department of Trade and Commerce J. B. Hart.
Secretary of the Department of Labor, Frank A. Kennedy.
Secretary of the Department of Public Works, Geo. E. Johnson.
Secretary of the Department of Public Welfare, H. H. Antles.
In this connection I wish to say to your honorable body that it was wholly an oversight on my part that these names had not already been presented to you for your consideration.
Permit me to suggest, also, that the ones filling these positions have been in the service of the state, with a single exception, since the beginning of the present administration, and at least one of them longer, and in their present positions they have served since the Civil Administrative Code went into effect on the first of August, this year. In these capacities their work may be carefully investigated, or, if you desire, I shall be very glad to supply you, either in person or in whatever way you may request, with such information as I may have that will be of service to you in taking action in this matter.
I could not conclude this statement without saying to you that each of these appointments has been made with a view to selecting the one who was peculiarly fitted for the position to which he was appointed, and in these positions each member has adapted himself to the work with fidelity of purpose and ability to measure up to the requirements of the work.
SAMUEL R. McKELVIE,
Governor.
Message From the Governor
Executive Office, Lincoln, Nebraska.
To Hon. P. A. Barrows, Lieutenant Governor
and President of the Senate, and to the
Members of the Senate:
I submit to you for your approval the name of Mr. L. C. Oberlies, as a member of the Board of Commissioners of State Institutions, to serve for the unexpired term, vacancy for which was created by the resignation of Dr. B. F. Williams.
This appointment was made since the last session of the Senate, Mr. Oberlies having taken his position the first of October, 1919.
Though the period of Mr. Oberlies' service to the State thus far is brief, I am prepared to commend him to you for the splendid manner
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in which he has adapted himself to the duties of this important position.
SAMUEL R. McKELVIE,
Governor.
Motion
Mr. Peterson offered the following motion:
Mr. President: I move that the Senate now go into executive session to consider the Governor's communications.
The motion prevailed.
AFTER EXECUTIVE SESSION
Motion
Mr. Peterson offered the following motion:
Mr. President: I move that a committee of three be appointed on final adjournment.
The motion prevailed.
The President appointed as such committee, Senators Peterson, Barr and Tanner.
Motion
Mr. Peterson offered the following motion:
Mr. President: I move that a committee of three be appointed to notify the Governor that the Senate is ready to adjourn, and ask him if he has any further communications.
The motion prevailed.
The President appointed as such committee, Senators Hammond, Hoagland and Chappell.
The following message was received from the House by its Chief Clerk:
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Message from the House
Hall of Representatives, Lincoln, Nebraska, October 18, 1919.
Mr. President: I am directed by the House to inform your honorable body that they have appointed a committee of three consisting of Messrs. McLaughlin, Hardin and Purcell, to join with a like committee from the Senate to act in accordance with your resolution to ascertain if a legislative program for economic relief can be formulated and to petition the Governor to reassemble the Legislature to consider its recommendations.
WILL F. HITCHCOCK, Chief Clerk.
The following message was received from the House by its Chief Clerk:
Message From the House
Hall of Representatives, Lincoln, Nebraska, October 18, 1919.
Mr. President: I am directed by the House to inform your honorable body that they have appointed Messrs. Reynolds, McLaughlin and Miller as a committee to act with a like committee from the Senate to fix a time for adjournment.
WILL F. HITCHCOCK, Chief Clerk.
Motion
Mr. Harriss offered the following motion:
Mr. President: I move that the Secretary report to the Governor the result of the executive session in regard to the confirmation of the appointments.
The motion prevailed.
A committee from the House appeared, and stated that the House was ready to adjourn.
The committee appointed to fix the time of adjournment reported that they had performed that duty, and that the hour of 6:30 had been agreed upon.
The committee appointed to wait upon the Governor and notify him that the Senate had completed its business and was ready to adjourn, reported that they had performed that duty, and found that the Governor had left his office for the day, and that there would be no further communication from the Governor
Motion
Mr. Robbins offered the following motion:
Mr. President: I move that the record of this session, as made up by the Secretary, be approved as the final record of the Senate.
The motion prevailed.
Motion
Mr. Hoagland offered the following motion:
Mr. President: I move that this Special Session of the Legislature now adjourn sine die.
The motion prevailed.
CLYDE H. BARNARD, Secretary of Senate.
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