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NEBRASKA CONSTITUTIONAL

CONVENTION
OF 1871.

FIRST DAY.

Agreeable to the provisions of "an Act to provide for calling a Convention to Revise, Alter or Amend the Constitution of the State of Nebraska," approved March 27, 1871, the delegates elect thereto, assembled in the Hall of the House of Representatives, in the city of Lincoln, at 2 o'clock p. m. on the 13th day of June 1871, and were called to order by Mr. S. M. Kirkpatrick of Cass upon whose motion Mr. McCann, of Otoe, was chosen President pro tem.

On motion L. E. Cropsey, of Lancaster, was chosen Chief Secretary and H. M. Judson of Douglas, Assistant Secretary pro tem.

On motion the law providing for the calling of the convention was read by the Secretary, as follows: An Act to provide for calling a Convention to revise, alter or amend the Constitution of the State of Nebraska.

Be it enacted by the Legislature of the State of Nebraska:

said Convention shall consist of fiftytwo members, who shall be chosen in the districts entitled to elect members of the House of Representatives and Senate, and each Representative and Senatorial district, as constituted by law, at the time of holding the election for members of said Convention, shall be entitled to elect as many members of said Convention as said district may be entitled to elect mem

bers of the House of Representatives and Senate.

Sec. 2. The members of said Convention shall be chosen in the same manner, at the places fixed for holding general elections, and by the electors qualified to vote for members of the House of Representatives and Senate.

Sec. 3. The election of members of said Convention shall be held on the first Tuesday in the month of May, 1871: and such election shall be conducted in conformity to the laws in force respecting elections; and the Clerks or other officers whose duty it shall be to give notice of election for members of the House of Representatives and Senate, shall give notice in the same manner of the election for members of said Convention.

Sec. 4. The several judges shall Sec. 1. That a Convention to re- return the votes given at said elecvise, alter or amend the Constitution tion, and the votes shall be canvassed of the State of Nebraska, is hereby in the same manner as shall then be called to meet at the State House, provided by law for the canvass and in the city of Lincoln, on the second return of votes in elections for memTuesday in the month of June, 1871;bers of the House of Representatives

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Sec. 8. It shall be the duty of the Secretary of State to attend said Convention at the opening thereof; and he and all other public officers shall furnish said Convention with all such statements, books, papers and public documents in their possession, or pertaining to their office, as the Convention may order or require; and it shall be the duty of the Secretary of State to furnish the members with such stationery as is usual for the Legislature while in session, and to cause such printing to be done as the Convention may require.

and Senate, and certificates of elec- Treasurer
tion shall be given to persons entitled paid.
thereto, by the same officers and in
the same manner as members of the
House of Representatives and Senate,
shall be entitled to receive the same;
and in case of contested elections to
the Convention, the contesting candi-
dates shall pursue the same course
and be governed by the same rules as
shall then be provided by law in con-
tested elections for members of the
House of Representatives and Senate.
Sec. 5. The members chosen to
said Convention shall meet in the
hall of the House of Representatives
on the day before mentioned, at the
hour of 2 o'clock P. M., and before
entering upon their duties as mem-
bers of said Convention, shall each
take an oath to support the Consti-
tution of the United States, and to
faithfully discharge his duty as a
member of said Convention; said
Convention shall be the judge of the
election, and qualification of its own
members; and the members shall be
entitled to the same privileges to
which members of the Legislature
are entitled.

Sec. 6. The members of said Convention shall elect one of their number President, and may elect one or more Secretaries, and such other officers and employees as the business of the Convention may require; the members of the Convention and their Secretaries shall be entitled to receive as compensation for their services three dollars per day, and the same mileage as may be allowed by law to members and clerks of the House of Representatives and Senate; the subordinate officers and employees shall receive such compensation, as the Convention shall by resolution direct.

Sec. 7. The amount due each person shall be certified by the President of the Convention to the Auditor of State, who shall issue warrants upon the Treasurer of the State, and the same shall be paid by the

Sec. 9. The amendments, alterations or revisions of the Constitution agreed to, together with the journal of said Convention, shall be filed in the office of the Secretary of State. The amendments, alterations or revisions of the Constitution shall be published in such manner and in such quantity as shall be ordered by the Convention.

Sec. 10. The amendments, alterations or revisions of the constitution shall be submitted to the people for their adoption or rejection, at an election to be called by said convention, and every person entitled to vote by the laws in force at the time such election is held, may vote on the adoption or rejection of said amendments, alterations or revisions of the constitution, and said amendments, alterations or revisions of the constitution shall not take effect unless adopted by a majority of the electors voting at such election.

Sec. 11 The amendments, alterations or revisions shall be so prepared and distinguished by numbers or otherwise, that they can be voted upon separately, unless the convention shall deem the same unnecessary or impracticable. The convention shall prescribe the form or manner of voting, the publication of the amendments, alterations or revisions, the notice of elections, and such other matters as in their judgment the

Tuesday]

COMMITTEE ON CREDENTIALS

[June 13

best interests of the State may de-nated in and passed the House of mand. Representatives.

Sec. 12. At the election required by section 10 of this act, the judges of election shall receive the votes

in the form to be prescribed by said Convention, and the laws of this State then in force relating to general elections, shall apply to the voting upon said amendments, alterations or revisions, so far as the same can be made applicable thereto; and the votes shall be canvassed, and all proceedings shall be had in regard to them, as nearly as practicable, in the manner prescribed by law then in force, in respect to elections for State officers, provided that said convention may prescribe any other manner of canvassing the votes given at said election, and provide the way and manner of the amendments, alterations or revisions of the constitution taking effect after its adoption by the people.

Sec. 13. Any newspaper in this State, which shall give this act one insertion before the tenth day of April, 1871, shall, upon forwarding to the Secretary of State a copy containing such publication, be entitled to receive pay for the same, at the same rate as allowed by contract for publishing the laws of the State, which sum shall be certified to the Auditor, who shall draw a warrant upon the Treasurer for that amount.

Sec. 14. That the sum of fifteen thousand dollars, or so much thereof as may be necessary to carry into effect the provisions of this Act, be and the same is hereby appropriated out of any moneys in the Treasury not otherwise appropriated.

G. W. COLLINS, Speaker of the House of Representa tives.

E. E. CUNNINGHAM, President of the Senate. Approved March 27, A. D. 1871.

WILLIAM H. JAMES, Acting Governor. I hereby certify that this bill origi

L. E. CROPSEY, Ass't Clerk House of Representatives. On motion the chair appointed the following Committee on Credentials: J. C. Myers, of Douglas.

J. E. Philpott, of Lancaster.
S. P. Majors, of Nemaha.
B. S. Newsom, of Otoe.
O. A. Abbott, of Hall.

On motion Convention took a recess of twenty minutes.

After recess, Mr. Myers, Chairman of Committee on Credentials reported that they had examined the credentials of the following persons and found them entitled to seats in this body:

O. A. Abbott, Hall county, 9th Senatorial District. M. Ballard, Washington county, 17th Representative District.

J. E. Boyd, Douglas county, 5th Senatorial District.

J. C. Campbell, Otoe county, 3rd Senatorial District.

J. N. Cassell, Lancaster county, 8th Representative District.

W. H. Curtis, Pawnee county, 14th Representative District. J. W. Eaton, Otoe county, 3rd Representative District.

E. Estabrook, Douglas 5th Senatorial District .

county,

P. S. Gibbs, Burt county, 18th Representative District.

G. C. Granger, Dakota county, 21st Representative District.

E. N. Grenell, Sarpy county, 15th Representative District.

E. F. Gray, Dodge county, 19th Representative District.

N. K. Griggs, Gage county, 12th Senatorial District.

I. S. Hascall, Douglas county, 16th Representative District.

B. I. Hinman, Lincoln county, 26th Representative District.

J. A. Kenaston, Cass county, 4th Representative District.

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Jas. Kilburn, Saunders county, 8th 16th Representative District. Senatorial District.

[June 13

Geo. H. Thummel, Hall and MerS. M. Kirkpatrick, Cass county 4th rick counties, 24th Representative Representative District. District.

G. B. Lake, Douglas county, 16th Representative District.

Lewis Ley, Stanton county, 23rd Representative District.

E. W. Thomas, Nemaha county, 4th Senatorial District.

F. A. Tisdel, Nemaha county, 2nd Representative District.

E. S. Towle, Richardson county, Waldo Lyon, Burt county, 6th Sen- 1st Senatorial District. atorial District.

Victor

Vifquain, Saline county,

D. J. McCann, Otoe county, 3rd 11th Representative District. Senatorial District.

E. Wakeley, Douglas county, 16th

S. P. Majors, Nemaha county, 2nd Representative District. Representative District.

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A. J. Weaver, Richardson county, 1st Representative District.

John Wilson, Johnson county, 6th Representative District.

J. M. Woolworth, Douglas county, 16th Representative District.

On motion the report was accepted and the Committee discharged.

On motion of Mr. Estabrook, Chief Justice Mason administered the oath of office to all other members, and

B. S. Newsom, Otoe county, 3rd the oath was administered to him by Representative District. Associate Justice Lake.

W. Parchen,

Richardson county,

1st Representative District.

Mr. Myers moved that the Conven

H. W. Parker, Seward county, 10th tion now proceed to elect a permaRepresentative District.

J. E. Philpott, Lancaster county, 11th Senatorial District.

B. Price, Jefferson county, 12th Representative District.

H. M. Reynolds, Gage county, 7th Representative District.

Seth Robinson, Lancaster county, 8th Representative District.

J. B. Scofield, Otoe county, 3rd Representative District.

Jacob Shaff, Saunders county, 9th Representative District.

A. L. Sprague, Saunders county, 9th Representative District.

R. F. Stevenson, Cuming county, 7th Senatorial District.

C. A. Speice, Platte county, 22nd Representative District.

A. S. Stewart, Pawnee county, 5th Representative District.

nent President.

Amended by Mr. Maxwell that the election be by ballot.

A motion to adjourn until tomorrow morning was lost.

Mr. Kirkpatrick moved a call of the House which was agreed to.

On a call of the roll those not answering were Messrs. Robinson and Wakeley.

On motion of Mr. Estabrook the rules of the last House of Representatives so far as applicable, were adopted for the temporary government of this body.

On motion Messrs. Parker, Philpott and Towle were appointed tell

S. A. Strickland, Douglas county, ers by the chair.

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Tuesday]

ELECTION OF PRESIDENT

[June 13

The Convention then proceeded to compliment, and indeed, I regard it

ballot for the permanent president
with the following result:

S. A. Strickland, of Douglas....20
D. J. McCann, of Otoe. ...
O. P. Mason, of Otoe...

E. W. Thomas, of Nemaha ...
J.. M. Woolworth, of Douglas.

J. E. Boyd, of Douglas...
Geo. B. Lake, of Douglas.
J. C. Myers, of Douglas.

No election.

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as a great compliment. I hope to have at the conclusion of our labors, as much of your respect as I have today of your confidence. I shall try to preside with all the fairness and .7 impartiality I can command. When I 1 look about me and see so much of the .1 best ability of the state, I am satisfied .3 I shall be materially helped in the 2 performance of my duties. Again I thank you, gentlemen, for this compliment.

A motion to adjourn until to-morrow morning at nine o'clock was lost. Upon the second ballot the follow

ing was the result:

S. A. Strickland,.

D. J. McCann.

O. P. Mason.

E. W. Thomas.

Geo. B. Lake.

J. M. Woolworth...

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Adjournment.

Mr. MYERS. I move that the Convention adjourn until two o'clock P. M.

The motion was agreed to.

So the Convention (at twelve

.5 o'clock) adjourned.

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1

Mr.

The PRESIDENT pro tem. Strickland having received a majority of all votes cast, he is hereby declared duly elected permanent President of this Convention. I appoint Messrs. Lake, Mason and Woolworth a committee to wait upon Mr Strickland, inform him of his election, and conduct him to the chair.

Mr. Strickland was then conducted to the chair by the gentlemen named as the Committee.

The PRESIDENT pro tem. I have the honor to introduce to you Silas A. Strickland, Permanent President of the Convention, (applause). The PRESIDENT then addressed the Convention as follows:

Address of The President.

GENTLEMEN OF THE CONVEN

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TION, It will be unnecessary for me Holbrook

to say I feel very grateful for this | No choice.

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