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THIRD DAY

House of Representatives, Lincoln, Nebraska,
Lincoln, Nebraska, Thursday, October 16, 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. Filley, Frost, Fuller, Gerhart, Hoover, Porter, Rodman, Smith and Taylor, who were absent.

     The Journal of the second day was partly read, and on motion the further reading was dispensed with.

     The Journal of the second day was approved as prepared by the Clerk.

Report of Engrossing Committee

     Mr. Speaker: Your Committee on Engrossed and Enrolled Bills would respectfully report that we have carefully examined and compared House Rolls Nos. 2 and 3 and find the same correctly engrossed.

McLEOD, Chairman.

Resolution

     WHEREAS, the crime of forcible criminal assault has become alarmingly prevalent, and

     WHEREAS, the laws of this State make no distinction as to the punishment between forcible rape and the statutory crime with consent, and

     WHEREAS, there is a general public sentiment that the present penalty is inadequate for the more serious offense, which may at any time give rise to mob violence and may result in the death of innocent men wrongfully accused; Therefore,

     BE IT RESOLVED, that it is the sense of the House of Representatives that the Governor be, and is hereby requested to call an extraordinary session of the Legislature to meet immediately at the close of the thirty-ninth session in order that it may pass Legislation increasing the penalty for forcible rape.      REYNOLDS.

     The Resolution was ordered to lay over one day under the rules.

Motion

     Mr. Speaker: I move that u committee of three be appointed to investigate the cause of the delay in the publication of the House Journal of the Thirty-seventh session.

FRANTZ.

     The motion prevailed..

     The Speaker appointed as such committee Messrs. Frantz, Snow and Purcell.

Bills on Third Reading

House Roll No. 2:

     "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 put upon its passage.

     Whereupon the Speaker said: "The bill having been read at large on three different days, and the same with all of the 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. Allan (Douglas), Allen (Gage), Anderson (Knox), Anderson (Butler), Anderson (Hamilton), Axtell, Baker, Barbour, Behrens, Berka, Bethea, Black, Briggs, Burgess, Burney, Byrum, Carroll, Carstensen Christy, Crozier, Davis, Downing, Druesedow, Dyball, Foster, Frantz, Fries, Fults, 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, Rodman, Rost, Sandquist, Schmidt, Snow, Staats, Steele, Stout, Strong, Sturdevant, Thompson, Tracewell, Vance, Van Patten, Wight, Wildman, Windham, Mr. Speaker and Wertman.--87.

     Nays: None.

     Absent and not voting: Messrs. Birdsall, Cole, Frost, Fuller, Hoover, Hunt, Jenkins, Kenagy, Larsen, Porter, Rodman, Smith, Taylor, Williams--14.

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

House Roll No. 3:

     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 Speaker stated: "This bill having been read at large on three different days, and the same with all the 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. Allan (Douglas), Allen (Gage), Anderson (Knox), Anderson (Butler), Anderson (Hamilton), Axtell, Baker, Barbour, Behrens, Berka, Bethea, Black, Briggs, Burgess, Burney, Byrum, Carroll, Carstensen, Christy, Crozier, Davis, Downing, Druesedow, Dyball, Filley, Foster, Frantz, Fries, Fuller, Fults, Gerhart, Gifford, Good, Goodrich, Green (Barton), Green (J. Reid), Harte, Hardin, Harris, Hedges, Hostetler, Howard, Jacobs, Jacobson, Jeary, Jenison, Johnson (Burt), Johnson (Phelps), Lambert, Lang, Lauritsen, Lundgren, Mathewson, Maurer, McLellen, McGrath, McKee, McLaughlin, McLeod, Mears, Miille, Miller, Morrison, Nelson, Noreen, Osterman, Purcell, Purdy, Reynolds, Rickard, Rost, Sandquist, Smith, Snow, Staats, Steele, Stout, Strong, Sturdevant, Taylor, Thompson, Tracewell, Vance, Van Patten, Wight, Wildman, Windham, Mr. Speaker, Wertman--85.

     Nay: Mr. Smith.

     Absent and not voting: Birdsall, Cole, Frost, Fuller, Hoover, Hunt, Jenkins, Kenagy, Larsen, Porter, Rodman, Taylor, Williams--14.

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

Motion

     Mr. Speaker: I move that a committee of three be appointed by the Speaker to see the Attorney General and get a written opinion on the legality of the Jenison Amendment to the Omaha Charter and that the Attorney General be requested to appear before this House to answer any questions that may arise on the subject.

FOSTER

     The motion prevailed.

     The Speaker appointed as such committee Messrs. Foster, Fults and Jeary.

Committee of the Whole House

     On motion of Mr. Foster the House resolved itself into a Committee of the Whole with Mr. Fults in the chair.

     After some time spent therein the Committee arose and by its Chairman submitted the following report:

Report of the Committee of the Whole

     Mr. Speaker: Your Committee of the Whole has had under consideration House Roll No. 1 and report the same back to the House with the recommendation that we report progress and ask leave to sit again.

     The Speaker in the chair.

     Mr. Fults moved the adoption of the report, to which the House agreed.

     On motion the House took a recess until 1:30 p. m. today.

AFTER RECESS

     The House was called to order by the Speaker.

     The roll was called and all members answered present except: Messrs. Frost, Fuller, Hostetler, Rodman, and Taylor, who were excused.

Resolution

     Resolved, That our senators, Hon. G. M. Hitchcock and Hon. G. W. Norris, are hereby requested to do all in their power to defeat the League of Nations as now pending before the United States Senate.

     Resolved, That the Chief Clerk of this House is hereby directed to transmit a copy of this resolution to our senators at Washington.

     The resolution was ordered to lay over for one day under the rules.

Message to the Senate

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 message was received from the Senate by its Secretary:

Message From the Senate

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

     Mr. Speaker: I am directed by the Senate to inform your honorable body that they have passed and herewith transmit Senate File No. 1.

CLYDE H. BARNARD, Secretary of Senate.

Bills on First Reading

Senate File No. 1:
     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.

Committee of the Whole

     On motion of Mr. Jacobson the House resolved itself into a Committee of the Whole to consider bills on General File, with Mr. Fults in the chair.

     After some time spent, therein the Committee arose and by its Chairman submitted the following report:

Report of the Committee of the Whole

     Mr. Speaker: Your Committee of the Whole has had under consideration House Roll No. 1, and report the same back to the House with the recommendation that it be engrossed for third reading as amended.

     Amended as follows:

     Sec. 2, Sec. 4200 of the Revised Statutes of Nebraska for 1913 is hereby amended to read as follows:

      "4200 Sec. 98. Same--removal of firemen or policemen--hearings.--All members or appointees of the fire department shall be subject to removal by the board of fire and police commissioners, under such rules and regulations as may be adopted by the board whenever the board shall consider and declare such removal necessary for the proper management or discipline, or for the more effective working or service of the fire department. No member or officer of the fire department shall be discharged for political reasons, nor shall a person be employed or taken into such department for political reasons. Before a fireman can be discharged, charges must be filed against him before the board of fire and police commissioners, and a hearing had thereon, and an opportunity given such member to defend against such charges, but this provision shall not be construed to prevent preemptory suspension of such member by his superiors in case of misconduct or neglect of duty or disobedience of orders. Whenever any such suspension is made charges shall be at once filed before the board of fire and police commissioners by the person ordering such suspension, and a trial had thereon at the second meeting of the board thereafter. The board shall have the power to enforce the attendance of witnesses and the production of books and papers, and to administer oaths to them 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. The board shall have such other powers and perform such other duties as may be authorized or defined by ordinance.

     All members or appointees of the police department shall be subject to removal by the city commissioner having in his charge and under his supervision the police department of the city, under such rules and regulations as may be adopted by the city commission, said removal being made necessary for the proper management or discipline, or for the, more effective working or service of the police department. Provided, however, that the city commission shall have the power to review the discharge made by any officer of the said police department and shall have the power upon an affirmative vote of five members of the city commission to reinstate the offier (sic) or member of the police force so discharged.

JENISON.

     Amend Section 2 of original House Roll No. 1 by striking out words and figures "Section 2." insert in lieu thereof the words "Section 3," and amend said original Section 2 by adding after the comma and before the word "be" the following: "and said Section 4200 of the Revised Statutes of Nebraska for the year 1913.

JENISON.

     Amend by striking out of original Section 3 the word and figure "Section 3" and insert in lieu thereof the word and figure "Section 4."

JENISON.

     Amend Title by inserting after the comma and before the word "and" in line four the following: "and to amend Section 4200 of Revised Statutes of Nebraska for the year 1913.

JENISON.

     Amend Section one by striking out of paragraph beginning on last page of original bill, the words: "all of whom, except the Chief of Police and Inspector of Police, shall be electors of such city."

JEARY.

     A roll call was demanded on the first amendment offered by Mr. Jenison, which received the necessary number of supporters.

     The roll ordered was called and those voting in the affirmative were: Messrs. Allan (Douglas), Allen (Gage), Anderson (Knox), Anderson (Butler), Anderson (Hamilton), Axtell, Baker, Barbour, Behrens, Berka, Bethea, Black, Briggs, Burgess, Burney, Byrum, Carroll, Carstensen, Crozier, Downing, Druesedow, Dyball, Filley, Frantz, Fries, Fults, Gerhart, Gifford, Good, Goodrich, 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, Steele, Strong, Sturdevant, Thompson, Tracewell, Vance, Van Patten, Wight, Wildman, Windham, Mr. Speaker and Wertman--83.

     Nays: None.

     Absent and not voting: Messrs. Christy, Davis, Foster, Frost, Fuller, Rodman, Stout, Taylor, Green (Barton), Hoover, Hostetler, Porter--12.

Explanations

     Mr. Chairman: Believing that these disgraceful and un-American happenings at Wahoo, Beatrice, Omaha and elsewhere, write with bloody hands a warning to the American people showing that the American Nation needs a moral tonic: Hoping that this amendment may help some, I vote Aye.

HOWARD.

     I vote, Aye. --Wildman.

     The Speaker in the chair.

     Mr. Jenison moved the adoption of the report, to which the House agreed.

Motion

     Mr. Speaker: I move that the House invite Mr. W. E. Hardy, Chairman of the Capitol Building Commission, to address the House at 11 o'clock Friday morning, October 17, 1919.

AXTELL.

Motion

     Mr. Speaker: I move that the opinion of Attorney General Davis on the opinion of the Jenison amendment be transmitted to the Senate.

JACOBSON.

     The motion prevailed.

Message to the Senate

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 House Roll No. 1 with amendments.

WILL F. HITCHCOCK, Chief Clerk.

Motion

     Mr. Speaker: I move that when the House adjourns today it be until 9:30 a. in. tomorrow, October 17, 1919.

FULTS.

     The motion prevailed.

Report of Committee on Enrolled Bills

Lincoln, Nebr., October 16, 1919,

     Mr. Speaker: Your Committee on Engrossed and Enrolled Bills would respectfully report that we have carefully examined and compared House Roll No. 1 and find the same correctly enrolled.

McLEOD, Chairman.

Bills on Third Reading

House Roll No. 1:
     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 of 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.

     Whereupon the Speaker said: "This bill having been read at large on three different days, and the same with all of the 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. Allan (Douglas), Anderson (Knox), Anderson (Butler), Anderson (Hamilton), Axtell, Baker, Barbour, Behrens, Berka, Bethea, Black, Briggs, Burgess, Burney, Byrum, Carroll, Carstensen, Crozier, Downing, Druesedow, Dyball, Filley, Foster, Frantz, Fries, Fults, Gerhart, Gifford, Good, Goodrich, Green (Barton), Green (J. Reid), Harte, Hardin, Harris, Hedges, 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, Purcell, Purdy, Reynolds, Rickard, Rost, Sandquist, Smith, Snow, Staats, Steele, Stout, Strong, Sturdevant, Thompson, Tracewell, Vante, Van Patten, Wight, Wildman, Windham, Mr. Speaker and Wertman --83.

     Voting in the negative: None.

     Absent and not voting: Messrs. Allen (Gage), Christy, Davis, Fuller. Frost, Hoover, Hostetler, Osterman, Porter, Rodman, Schmidt, Taylor.

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

     On motion of Mr. Snow the House adjourned until 9:30 o'clock Friday morning, October 17, 1919.

WILL F. HITCHCOCK, Chief Clerk.