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LAWS OF THE FIRST SESSION
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187
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Nebraska." Mr. Rogers would have it amended into this
more democratic fashion: "Be it enacted by the people of the
territory of Nebraska in general assembly convened," but his
amendment failed and both houses passed Richardson's
resolution.
The enactments of the first legislature
were classified in eight parts. The first part was intended
as a complete civil code, and was appropriated from the code
of Iowa. The second comprised laws of a general nature
prepared by the legislature itself. The third was the
criminal code, also appropriated from the Iowa code. The
fourth located and established territorial roads. The fifth
defined the boundaries and located, or provided for the
location of county seats. The sixth incorporated industrial
companies and towns, or cities rather. The seventh
incorporated bridge and ferry companies, and authorized the
keeping of ferries and the erection of bridges. The eighth
consisted of joint resolutions adopted at the session.
The first enactment, in part second, as
arranged in the statute, provided for taking another census
to be completed by October 11, 1855, for a new apportionment
of members of the house of representatives, and the time
when annual elections should be held and the legislature
should convene. The second prohibited the manufacture or
sale of intoxicating liquors in the territory. H. P. Downs
of Nebraska City took the first step in a prohibition
movement in Nebraska when he obtained eighty signatures,
besides his own, of people of the town named, to a petition
for a "prohibitory liquor law," and lodged it in the
council. The petition was presented by Mr. Bradford on the
6th of February, and was referred to the judiciary.
committee. On the 9th of February Mr. Rogers of that
committee made the following unique report:
Your committee, to whom was referred the
Petition of H. P. Downs and eighty others, praying for a
prohibitory law against traffic in intoxicating drinks, and
against licensing dram shops and other drinking houses,
report:
That in their opinion, where the people
are prepared and public sentiment sufficiently in favor of a
prohibitory law to fully sustain and enforce it, such a law
would be productive of the best results to the
community.
That in the opinion of this committee, the
traffic in intoxicating drinks is a crime, and they would be
unwilling to legalize this crime by the solemn sanction of a
law granting license for its commission. They are unwilling
to elevate to respectability by legal sanction any trade or
traffic that tends to demoralize [the] community,
retard the progress of education, impoverish the people, and
impose on the sober and industrious part of [the]
community, without their consent, a tax which must
necessarily be incurred to take care of paupers and
criminals manufactured by the traffic.
They are unwilling to make a traffic
creditable the evil effects of which do not stop by
besotting (sic) and bankrupting the heads of families, but
which cause hunger, shame, distress and poverty to be
imposed with tenfold severity upon the innocent wife and
children of their families. As much, however, as we may be
in favor of a prohibitory law until [the] community
by petition or otherwise may fully manifest their
determination to sustain such a law ----5 S. E.
ROGERS.
Some Features of the New Laws. The:
revenue law required the auditor to distribute the
territorial expense authorized to be paid out of the
territorial treasury according to the assessment rolls,
which were to be transmitted to him by the judges of probate
of the several counties. The probate judges levied the
taxes, and the sheriffs were at once the assessors and tax
collectors. The sheriff was also coroner of his county. A
register of deeds was provided.
The supreme court consisted of a chief
justice and two associates, who were to hold a term annually
at the seat of government. In accordance with the organic
act, the legislature divided the territory into three
districts, and fixed the times and places of holding court
therein. A judge of the supreme court presided over each of
these districts.
The act regulating elections named the
first Tuesday in November, 1855, and on the same day
thereafter every second year, as the time for the election
of a delegate to
5 Here the report, Council
Journal, p. 52, breaks off short. Thus prohibition in
Nebraska was born in Nebraska City, and was afterwards
legitimized and was a law of Nebraska, though little
enforced, until 1858, when it was repealed by a license
act.
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