House of Representatives, Lincoln, Nebraska,
Tuesday, October 14, 1919.
PROCEEDINGS
OF THE
HOUSE OF REPRESENTATIVES
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FIRST DAY
House of Representatives, Lincoln, Nebraska,
Tuesday, October 14, 1919.
In accordance with Section 8, Article 5, of the Constitution of the State of Nebraska, the House of Representatives was called to order by Mr. Dwight S. Dalbey, Speaker, at 2 o'clock p. m.
Prayer was offered by Rev. J. G. Stanard.
Mr. Will Hitchcock, Acting Chief Clerk, read the following:
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, and 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; 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
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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, and to provide for the payment of the members, officers and employees, and the incidental expenses of said extraordinary session.
Witness my hand and the Great Seal of the State of Nebraska, this 11th day of October, 1919.
SAMUEL R. McKELVIE,
Governor.
By the Governor:
DARIUS M. AMSBERRY,
Secretary of State.
Roll Call
The roll was called and there were present: Messrs. Allan (Douglas), Anderson (Butler), Anderson (Hamilton), Axtell, Baker, Barbour, Behrens, Berka, Bethea, Black, Brigg, Burgess, Burney, Carroll, Christy, Crozier, Davis, Downing, Druesedow, Dyball, Filley, Foster, Frantz, Fries, Fults, Gerhart, Gifford, Good, Goodrich, Green (Barton), Green (J. Reid), Harte, Hardin, Harriss, Hedges, Hostetler, Howard, Jacobs, Jacobson, Jeary, Jenison, Jenkins, Johnson (Burt), Johnson (Phelps), Lambert, Lang, Lauritsen, Lundgren, Mathewson, Maurer, McClellan, 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, Van Patten, Wight, Wildman, Windham, Mr. Speaker, Wortman.--84.
The Speaker declared a quorum was present.
Motion on Organization
Mr. Speaker: I move that the organization of the House at the last regular session be continued during the special session, in so far as the elective officers and committees are concerned, any vacancies in elective offices to be filled by the House; that the rules of the last regular session be the rules governing this special session, and that the employes' committee be authorized to select the minimum number of employes actually needed to facilitate business.
The motion was put by Mr. Fults and prevailed.
A committee of three appeared from the Senate and notified the House it was ready to transact business.
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Excused
The following were excused from the session until such time as they should appear: Messrs. Hoover, Frost, Briggs, Fuller.
Committee to Notify the Senate
Mr. Speaker: I move that a committee of three be appointed to notify the Senate that the House is organized and ready for business.
JEARY.
The motion prevailed.
The Speaker appointed as such committee Messrs. Jeary, Snow and Good.
To Arrange for Joint Session
Mr. Speaker: I move that a committee of three be appointed to confer with a like committee from the Senate to arrange for a joint session of the Legislature.
JENISON.
The motion prevailed.
The Speaker appointed as such committee Messrs. Jenison, Hardin and Staats.
Committee to Notify the Governor
Mr. Speaker: I move that a committee of three be appointed to notify the Governor that the House is organized and ready to receive any communications from him.
McLEOD.
The motion prevailed.
The Speaker appointed as such committee Messrs. McLeod, Druesedow and Axtell.
Report of Committee on Joint Session
Mr. Speaker: We, your committee to arrange for a joint session, respectfully report that we have set 2:30 as the hour for said session.
JENISON,
HARDIN,
STAATS.
The report was adopted.
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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, Weston, Watson.
Absent: Ainlay, Bushee, Bradstreet, Good, Hammond, Sturm, Weaverling.
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, MeKee, 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, Van Patten, Wight, Wildman, Windham, Wortman, Mr. Speaker.
Absent: Allen (Gage), Anderson (Knox), Byrum, Cole, Fuller, Hunt, Kenagy, Larsen, Porter, Rodman, Steele, Taylor, Williams.
Motion
Representative Fults offered the following 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:
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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 unforseen (sic) 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 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 extend to the members of the Legislature
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an invitation to visit Omaha and 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 Joint Session
The House was called to order by the Speaker.
The roll was called and all members answer present except: Messrs. Allen (Gage), Anderson (Knox),Byrum, Carstenson, Frost, Fuller, Hoover, Porter, Rodman, Steele and Taylor, who were excused.
Regarding Visit to Omaha
Mr. Speaker: I move that when we adjourn today it be until 9 o'clock Wednesday morning, and that as many of the members of the House as desire to do so, go to Omaha Wednesday morning to inspect the damage to the Douglas County Court House.--PURCELL.
The motion prevailed.
Acceptance of Invitation
Mr. Speaker: I move that the Chief Clerk be instructed to convey the thanks of this House to the Omaha Commercial Club for their invitation to lunch, and that the same be accepted.--JEARY.
The motion prevailed.
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Motion for Committee
Mr. Speaker: I move that a Committee of three be appointed to ascertain what time and how many members plan to go to Omaha. --GREEN.
The motion prevailed and the Speaker appointed Messrs. Jeary, Jenison and Barton Green as such committee.
Bills on First Reading
House Roll No. 1--Introduced by Douglas County Delegation.
A Bill for an Act to amend Sections 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 repeal said original sections and declare an emergency.
House Roll No. 2--Introduced by Finance, Ways and Means Committee.
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.
House Roll No. 3--Introduced 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.
Excused
Mr. Reynolds was excused from Wednesday morning's session.
At 3:30 p. m. on motion of Mr. McLellan, the House adjourned until 9 o'clock Wednesday morning.
WILL F. HITCHCOCK, Chief Clerk.
SECOND DAY
House of Representatives, Lincoln, Nebraska,
Lincoln, Nebraska, October 15, 1919.
The House was called to order by the Speaker.
Prayer was offered by the Chaplain.
The roll was called and all members answered present except: Messrs. Allen (Gage), Carstensen, Filley, Frost, Fuller, Hoover, Reynolds, Rodman, Steele and Taylor, who were excused.
The Journal for the first day was partly read, when on motion the further reading was dispensed with and the Journal was approved as prepared by the Clerk.
Bills on Second Reading
The following House Rolls were read the second time and referred to their respective committees:
House Roll No. 1--Cities and Towns.
House Roll No. 2--Finance, Ways and Means.
House Roll No. 3--Finance, Ways and Means.
Standing Committee Reports
Mr. Speaker: Your Committee on Cities and Towns to whom was referred House Roll No. 1, have had the same under consideration and instruct me to report the same back to the House with recommendation that it be placed on general file without recommendation.
DRUESEDOW, Chairman.
Mr. Speaker: Your Committee on Finance, Ways and Means, to whom was referred House Roll No. 2, have had the same under consideration and instruct me to report the same back to the House with the recommendation that it be passed.
GOOD, Chairman.
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Mr. Speaker: Your Committee on Finance, Ways and Means, to whom was referred House Roll No. 3, have had the same under consideration and instruct me to report the same back to the House with the recommendation that it be passed.
GOOD, Chairman.
There being no objections, the reports were adopted, whereupon the Speaker stated: "All of the foregoing bills recommended for passage by the Standing Committees will be placed on General File."
Committee of the Whole
On motion of Mr. Good the House resolved itself into a Committee of the Whole to consider bills on General File, with the Speaker in the chair.
After some time spent therein the Committee arose, and by its Chairman submitted the following report:
Report of Committee of the Whole
Mr. Speaker: Your Committee of the Whole has had under consideration House Roll No. 2 and report the same back to the House with the recommendation that it be engrossed for third reading. Also:
House Roll No. 3 and report the same back to the House with the recommendation that it be engrossed for third reading.
Mr. Anderson (Butler) moved the adoption of the report, to which the House agreed.
On motion the House adjourned until 10 o'clock Thursday morning, October 16, 1919.
WILL F. HITCHCOCK, Chief Clerk.
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