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Saturday]

NEWSOM-CAMPBELL-BALLARD

the Secretary of State and Treasurer.

[June 24

The Secretary proceeded to call

the roll. The result was announced

Mr. NEWSOM. As to the propriety of the resolution going to the Au- "yeas" 27, "nays" 17, as follows: ditor, the way I understand the work

ing of our State Government is this;

the Auditor enters on his books Abbott, every appropriation.

Mr. HASCALL. I correct the gentleman, only when the warrant is drawn.

Boyd,
Campbell,
Estabrook,

Grenell,
Griggs,

AYES.

11

Kilburn,
Lake,
Ley,

McCann,

Majors,
Manderson,

Mr. NEWSOM. I do not accept the Hascall, correction because if the Auditor Kenaston, does not have the information, I would ask when is he to stop auditing and issuing warrants? He must have every appropriation on his books, and when accounts come in to him he must audit them in proportion to the amount appropriated by the Legislature, otherwise you make the Auditor of this State a disburser of the public money at leisure, not according to law. You see the reason he must know what the appropriations are. He does know and for what purpose.

The PRESIDENT. Gentlemen, the question is upon the motion of Mr. Newsom.

The motion was agreed to.
Adjournment.

Mr. CAMPBELL. Mr. President, I move that when the Convention adjourns it adjourn until Monday at two o'clock.

Mr. BALLARD. I offer an amendment, and say ten o'clock Monday.

The PRESIDENT. The rule says the longest time shall be put first, so that the question put will be on the motion of the gentleman from Otoe (Mr. Campbell).

Ballard,
Cassell,
Curtis,
Gibbs,
Granger,
Gray,
Hinman,
Kirkpatrick,

Lyon,

Maxwell,
Newsom,
Philpott,
Reynolds,

Scofield,
Sprague,
Stevenson,
Thummel,

Towle,
Vifquain,
Wakeley,

Weaver,

Mr. President.

NAYS-17.

Moore,
Parker,
Price,
Robinson,

Shaff,

Speice,

Stewart,

Thomas,

ABSENT AND NOT VOTING.

Eaton,

Parchen,

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Mr. BALLARD. I call for the Convention (at eleven o'clock) adayes and nays.

journed.

Monday]

WAKELEY-ESTABROOK-TOWLE

ELEVENTH DAY.

Monday, June 26, 1871.

The Convention was called to order at two o'clock p. m. by the President.

Prayer.

Prayer was made by the Chaplain to the Convention as follows:

Almighty and allwise God, we ac

knowledge Our dependence upon

(June 26

whole subject was postponed until Monday next.

The PRESIDENT. Gentlemen, the question is upon the Substitute. Mr. THOMAS. Mr. President, I would like to hear the substitute read.

The substitute is read by the Secretary again.

The PRESIDENT. The question

Thee as we enter upon the duties of is upon the passage of the substitute.

another week. We

pray we may have the love of God in our hearts and his blessings upon us. May it please Thee to keep our hearts and minds. These blessings we ask through Jesus Christ our Lord. Amen.

Reading of The Journal.

The Secretary read the Journal of the last days proceedings.

Leave of Absence. Mr. WOOLWORTH. Mr. President. I ask leave of absence until to-morrow morning for Mr. Lake.

Leave granted.

Mr. NEWSOM. Mr. President. I ask leave of absence until to-morrow. I understand one of his children is sick.

Leave granted.

Unfinished Business.

The Secretary read from the Journal of Saturday as follows:

By Mr. WAKELEY. RESOLVED: That the President of the Convention be authorized to employ any additional clerks which may be necessary.

Mr. HASCALL. Mr. President, I call for the reading of the substitute again. I did not hear it distinctly. The PRESIDENT. The Secretary will read the resolution and also the substitute, again.

The Secretary reads the resolution of Mr. Wakeley, and the substitute offered by Mr. Estabrook.

The PRESIDENT. I will ask the gentleman from Douglas (Mr. Estabrook) whether Mr. Wakeley consented to take the substitute.

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Mr. TOWLE. This subject was well discussed last week, and it seems to me there is but little for these clerks to do; there will be nothing for an Enrolling clerk to do until the Constitution is finally adopted. I am informed by gentlemen who know that RESOLVED: That the Conven- there is no necessity for these clerks tion do now proceed to elect an En- at this time. That all that is necesgrossing and Enrolling clerk, who sary is an assistant clerk for our shall do such duties as shall be pre-present clerks. I don't know what On motion of Mr. Campbell the writing there is for an Engrossing

To which Mr. ESTABROOK offered the following substitute:

scribed by the President.

Monday]

ESTA BROOK-HINMAN-MYERS

clerk to do. The Committees are all doing their own writing, the probability is that all the reports to this Convention will be drawn up and Engrossed by the Chairman of the Committees themselves. For myself I am willing, I am willing to do all the writing connected with the Committees I am on. On Friday, we will adjourn probably for ten days, and the pay of the clerks will go on. I am in favor of the original resolution of Judge Wakeley-that the President employ such clerks as are needed from day to day.

[June 26

think this Convention should ask any men to work through the whole day · and half of the night for three dollars. I don't think our clerks can stand up under this work and I think it would be economy to give them necessary assistance.

Mr. GRIGGS. Mr. President, I would be willing that the President of this Convention should employ such clerical assistance as may be necessary but I am not willing to employ an Enrolling and Engrossing clerk at this time.

Mr. TOWLE. Mr. President, I move that the further consideration of the substitute be postponed until two weeks from to-morrow.

to.

The motion to postpone was agreed

The PRESIDENT. The question now is upon the passage of the original resolution.

Mr. ESTABROOK. Mr. President, that this Convention will need sometime during its progress, clerks by whatever name you wish to call them, to do the Engrossing and Enrolling for this Convention there is no doubt. The duties of the Engrossing clerk will begin as soon as bills commence to be passed upon. My The Convention divided and the object is to save expense. Now if resolution was agreed to. you elect these clerks they can per- Reports from Standing Committees. form duties as assistants and Mr. MYERS. Mr. President, The whenever you want Engrossing or Legislative Committee have instructEnrolling done you have youred me to submit the following reclerks ready for those duties. If port. these clerks are appointed under this order the President can assign them duties as assistants until such time as they are needed as Engrossing and Enrolling clerks and so we can save the expense of additional clerks. The duties are not accurately described any where, for Enrolling and Engrossing clerks, and while there is no other duties, the President can indicate that they should assist the present clerks.

Mr. STEWART. Mr. President, I move that 200 copies of the report be ordered printed for the use of the Convention.

Mr. MYERS. Mr. President, I desire to have the report read the first time.

Mr. WOOLWORTH. Mr. President, as the report will be printed and furnished to each member I would object to the reading now to save time.

Mr. HINMAN. Mr. President, I understand thes clerks have to work Mr. MYERS. Mr. President, I until 12 o'clock at night and I don't must insist upon the observance of

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1. Legislative Senators and Mem- 46. Concerning roads public and

bers.

2. Enacting Clause and Bills. 3. Enumeration and Apportionment. 4. Election of Senators.

5-6. Legislative Districts.

7. Who are Eligible.

8. Senatorial Classes.

9. Legislative officers and Contested Elections.

10. Disqualifications of Senators and Members.

11. Disqualification for office.

private.

47. Draining and ditching.

48. Homestead and Exemption Laws. ARTICLE II. LEGISLATIVE. Legislative Authority and Election.

. 1. The Legislative authority of the State shall be vested in the Senate and House of Representatives, both to be elected by the people. The Senate shall not exceed thirty-three Senators, nor the House of Represen

12. Pay and mileage of members of tatives more than one hundred memthe Legislature.

bers. The Representatives shall be

13. Persons ineligible as members of chosen annually, by the citizens of the Legislature.

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each county respectively, on the Tuesday succeeding the first Monday in November. Senators shall be elected for the term of three years, and representatives for the term of one year from the day next after their general election.

Enacting Clause.

C. 2. The enacting clause of all bills shall be: "Be it enacted by the legislature of the State of Nebraska;" and no law shall be enacted except by bill.

No bill shall be passed unless by the assent of a majority of all the members elected to each branch of the legislature, and the question upon the final passage shall be taken immediately upon its last reading, and the yeas and nays entered upon the

Monday]

journal.

No bill which may be passed by the legislature shall embrace more than one subject, and that shall be expressed plainly and clearly in the title.

Enumeration and Apportionment.

T. 3. An enumeration of the in

habitants of the state shall be taken

under the direction of the legislature in the year one thousand eight hundred and seventy-five, and at the end of every ten years thereafter, and the districts shall be so altered by the legislature at the first session after the return of every enumeration that each senatorial district shall contain, as nearly as may be, an equal number of inhabitants excluding aliens and Indians not taxed, and shall remain unaltered until the return of another enumeration, and shall at all times consist of contiguous territory, and no county shall be divided in the formation of a senate district.

The members of the house of representatives shall be apportioned among the several counties of the state by the legislature, as nearly as may be, according to the number of their respective inhabitants, excluding aliens and Indians not taxed, and shall be chosen by districts.

The number of representatives shall, at the several periods of making such enumeration, be fixed by the legislature and apportioned among the several counties according to the number of inhabitants in each.

Election of Senators.

T. 4. The senators shall be chosen for three years, by the citizens of the several senatorial districts, at the same time, in the same manner, and at the same place, where they shall vote for representatives.

¶. 5. The number of senators shall, at the several periods of making the enumeration before mentioned, be fixed by the legislature, and apportioned among the districts

[June 26

formed as hereinafter directed, according to the number of inhabitants in each as shown by the United States or other enumeration, and shall never be less than one-fourth nor greater than one-third of the number of representatives.

f[. 6. The senators shall be chosen in districts to be formed by the legislature each district containing such a number of inhabitants as shall be entitled to elect not more When a distthan three senators. rict shall be composed of two or more counties they shall be adjoining. No city or county shall be divided in forming a district.

Who are Eligible.

T. 7. No person shall be a senator who shall not have attained the age of twenty-five years, and have been a citizen and inhabitant of the state three years next before his election, and the last year thereof an inhabitant of the district for which he shall be chosen, unless he shall have been absent on the public business of the United States or of this state, and no person elected as aforesaid. shall hold said office after he shall have removed from such district.

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