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Tuesday]

CURTIS-MOORE-NEWSOM

troduced, causes a little confusion. It seems to me that when a gentleman rises to address the Speaker, his resolution should be first considered and disposed of before others are offered.

The PRESIDENT. (pro tem.) The Chair has already made that request, Mr. GRIGGS. I would suggest that when the Secretary reads the resolution, he give the name of the gentleman offering it.

Mr. MYERS. Mr. President, every gentleman should endorse his name on his resolution before he sends it to the Secretary's desk.

The PRESIDENT (pro tem). The Chair has requested that this be done, and in this way much confusion will be avoided.

[June 20

the people, and applying it to their own benefit and use and

have from time to time arisen, of unWHEREAS; many just complaints just and disproportionate charges for transportation of freight and passengers, the often wanton and useless

destruction of private property of individuals along the lines of railways, and their refusal to make just compensation to the owners for the same, without a long and expensive law suit, the often destruction of life and limb of passengers by the carelessness of officials and agents, therefore

BE IT RESOLVED; That the Committee on Railroad corporations, (No. 8) be instructed to provide some safeguard in the Constitution requesting the General Assembly upon their first meeting, to provide by law for the full and complete protection of the people from these and other abuses.

Referred to Committee on Railroad Corporations, NEM. CON.

Mr. ROBINSON. Mr. President, I offered a resolution which was read

The Secretary read the first resolution offered by Mr. Curtis, as follows: RESOLVED; That the office of Lieutenant Governor, be created in by the Secretary but no action taken

this State.

Mr. MANDERSON. I move it be referred to the Executive Committee. The motion was agreed to.

The Secretary read the second resolution offered by Mr. Curtis, as follows:

RESOLVED; That the Judiciary Committee submit a report to this Convention on the Constitutionality of abolishing the Grand Jury System in this State.

Mr. ESTABROOK. I move the resolution be referred to the Judiciary Committee.

The motion was agreed to. The Secretary read the resolution offered by Mr. Moore as follows:

WHEREAS; Railroad corporations can only exist by having conferred upon them the supreme power of taking private property belonging to

on it, I move it be referred to the Committee on Judiciary.

The resolution was so referred NEM. CON.

Mr. Moore. Mr. President, I move the resolution offered by me and just read by the Secretary be referred to Committee on Railroad Corporations (No. 8).

The resolution was so referred NEM. CON.

Mr. NEWSOM. Mr. President, I have a resolution I desire to offer. The Secretary read the resolution as follows:

RESOLVED; That the Committee on Revenue be instructed to inquire into and report as to the expediency of a Constitutional provision governing the Legislature in levying the needful tax for revenue by valuation so that every person and corporation

Tuesday]

THUMMEL-KENAS TON-CAMPBELL

shall pay a tax in proportion to the value of his or her property, such value to be ascertained by some person or persons to be elected or appointed in such manner as the General Assembly shall direct, and said tax shall not exceed- -per cent of said valuation, over and above the amount of revenue necessary for the payment of the interest now provided by law on the State and county indebtedness and the sinking fund.

Mr. NEWSOM. Mr. President, I move the resolution be referred to the Committee on Revenue and Fi

nance.

The motion was agreed to.

[June 20

shall be fixed in pursuance of law and two thirds of the voters of the county, to be ascertained in such manner as shall be provided by general law, shall have voted in favor of its removal to such point; and no person shall vote on such question who has not resided in the county six months, and in the election precinct 90 days next preceding such election.

The question of the removal of a county seat shall not be oftener submitted than once in five years to a vote of the people. But when an attempt is made to remove a county seat to a point nearer to the center of a county then a majority vote only

Mr. THUMMEL. Mr. President, I shall be necessary.

have a resolution I desire to offer. The Secretary read the resolution as follows:

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Mr. McCANN. Mr. President, I move the resolution be referred to the Committee on Counties.

The motion agreed to.

Mr. CAMPBELL. Mr. President, I offer a resolution.

The Secretary read the resolution as follows:

WHEREAS; The ninety thousand acres of land donated by Congress to the State of Nebraska for an agricultural College has been forfeited to the State on account of the nonpayment of the land office fees, therefore,

RESOLVED; That the Judiciary Committee be instructed to investigate the propriety of inserting in the Constitution an article requiring the Attorney General to commence suit for the recovery of the land so forfeit

ed.

Mr. CAMPBELL. Mr. President, I offer this resolution for the purpose of getting information for the Convention on this matter. If I have been correctly informed this land was selected in 1868, and in 1868 notice was given, if the land office fee was not paid, the land would be forfeited, and it was ordered that the amount, $600, should be paid out of the gen

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eral fund. But there was no money at that time in the general fund and consequently the land office fee was not paid.

This fact remained a secret until after the close of the last legislature and after that it was made known, but secretly. The result was that a few members of the Legislature and persons connected with the land office who were permitted to know of the forfeiture entered up that land or the most of it. I would like to have this matter investigated and therefore move the adoption of the resolution.

Mr. HASCALL. Mr. President, for fear some misapprehension may be had on this matter I would say the hands of the present Legislature is clear of having anything to do with this land, it belongs to the Legislature immediately preceding this. The loss to the State of ninety thousand acres of land should be charged where it properly belongs with those who are guilty, which is certainly the Legislature previous to the one which has just adjourned.

Mr. McCANN. I believe we can obtain the desired information from the gentleman from Douglas (Mr. Hascall) and I would like to ask him if this land was forfeited by the nonpayment of the land office fees?

[June 20

and the amount of the land lost, and request the committee to investigaté this matter by way of inquiry.

Mr. McCANN. Mr. President, If the motion has not already been made, I move that this resolution be referred to the Committee on Judiciary and Judicial Districts.

Mr. ESTABROOK. Mr. President, It seems as though we never shall be done of hearing of new—

Mr. STEWART. Mr. President, I rise to a point of order. I believe these Resolutions should be referred to Committees without debate.

The PRESIDENT. (Pro Tempore,) What rule does the gentleman refer to?

Mr. STEWART. Rule No. 36.

Mr. MYERS. I move that this resolution be referred to a Special Committee.

The PRESIDENT. (Pro Tempore,) The question of order will be settled first.

Mr. ESTABROOK.

If this is a proposition to amend the Constitution it goes without debate. I would enquire whether it is a resolution that contemplates any amendment.

The PRESIDENT. (Pro Tempore,) It is asking investigation by a certain committee.

Mr. CAMPBELL. The resolution provides that the Judicial Committee be instructed to enquire into this matter. I move its reference to that Committee.

The PRESIDENT. (Pro Tempore,) That motion has been made and stated.

Mr. HASCALL. I will say that I have no official information from the land office on that subject, but I am reliably informed that the land has been forfeited and has been entered by parties who knew when the forfeit was made. I think the proper way Mr. ESTABROOK. Mr. President, to investigate this matter is to get That committee has very much rethe names of these parties so entering | ferred to it already. It is expected to

Tuesday]

HASCALL-MASON-GRAY

[June 20

The PRESIDENT (pro tem). The motion was to refer it to the Judiciary Committee, that was withdrawn, another motion was to refer it to a special Committee of three.

Mr. MASON. Mr. President, I move to refer the resolution to the Committee on Education, School Funds and Lands, the Standing Committee of which Mr. Estabrook is

Chairman.

give advice, its opinion in regard to gentleman withdraws it, I believe purely local questions that may arise that leaves us without any motion. here. This is a subject that demands investigation as to facts, not law, facts. It seems that here is another big steal; I have never before heard of this larceny if it be true. We had it as a matter of casual debate, as to what had become of our Agricultural College Lands, in our School Committee. I have never seen any report of them, it is now opening a new vein, a new lode; I would like to have it thoroughly investigated or probed; I want it to go to some Committee of enquiry, that the facts in this case may be fully ascertained and exposed; this is another source of rottenness; I do not know who are the parties at fault, I think a special Committee should be appointed. Messrs. Hascall, Thomas and Dr. Campbell to a Standing Committee takes prewould do they seem to be apprised of these performances. It is immaterial who the special Committee are so that the matter be fully investigated.

Mr. McCANN. Mr. President, I withdraw my motion to refer it to the Judicial Committee and move it be referred to a special Committee of three.

Mr. HASCALL. Mr. President, I prefer not to be on that Committee for the reason that if the Committee should place the responsibility upon the prior Legislature it would place myself in a wrong attitude. I prefer that disinterested parties.

The PRESIDENT (pro tem.) That would seem to be the proper reference; the Chair will not undertake to decide. I believe that a motion to refer to a Standing Committee takes precedence.

Mr. MASON. The motion to refer

cedence of a special committee.
The motion was agreed to.
Mr. GRAY.

a

Mr. President, I have resolution to offer.

The Secretary read the resolution as follows:

RESOLVED; That the following be incorporated into the new Constitution as one of the Articles thereof and which shall be submitted in such manner as that it can be voted upon separately and independent of the other articles of the new Constitution to wit:

Article.

Sec.--No County, City, Town, Township, Precinct or other Municipality

shall ever become subscribers to the capital stock of any railroad or pri

The PRESIDENT (pro tem.) It vate corporation, or make donation may not be ordered.

Mr. HASCALL. I understood the motion had been made and seconded and stated by the Chair, but if the

to, or loan its credit in aid of such corporation, provided that the adoption or rejection of this article shall not affect in any way the question of the legality or illegality of the do

Tuesday]

STEVENSON-KILBURN-PARKER

[June 20

nations already made to railroad or point not less than ten miles nearer private corporations.

Mr. GRAY. Mr. President, I move it reference to the Committee on State, County and Municipal Indebt

edness.

The motion was agreed to. Mr. STEVENSON. I have a resolution to offer.

The Secretary read the resolution as follows:

RESOLVED; That on the sale of land for delinquent taxes there shall be allowed a redemption at any time within four years from the date of sale.

That no greater sum than twenty per cent per annum as interest or penalty shall be charged on the sum for which lands shall be sold.

Mr. STEVENSON. Mr. President, I move it be referred to the Committee on Revenue and Finance.

to the center of a county, then a majority vote only shall be necessary.

Mr. KILBURN. I move it be referred to the Committee on Counties. The motion was agreed to NEM. CON.

Mr. PARKER. Mr. President, I have a resolution.

Resolution read by the Secretary as follows:

RESOLVED; That in all cases wherein the question submitted is for aid to private corporations and where said aid is to be obtained by the levy of a tax, no voter shall be allowed to vote for or against the proposition so submitted unless he be a taxpayer within the district where the tax is so to be levied, and that an Article or Section thereof be inserted in the fundamental law of this State.

Mr. PHILPOTT. I move that the resolution be referred to the Committee on Miscellaneous Corpora

The motion was agreed to NEM.
CON.
Mr. KILBURN. Mr. President, I tions.
wish to offer a resolution.

The Secretary read the resolution as follows.

RESOLVED; That no county seat shall be removed until the point to which it is proposed to be removed shall be fixed in pursuance of law and three fifths of the voters of the county, to be ascertained in such manner as shall be provided by the general law, shall have voted in favor of its removal to such point, and no person shall vote on such question who is not a legal voter for State officers and members of the Senate and House of Representatives.

The question of the removal of a county seat shall not be oftener submitted to a vote of the people than once in four years, and at no time except at the general election of the State officers and members of the Legislature. But when an attempt is made to remove a county seat to a!

The motion was agreed to.

Mr. BALLARD. Mr. President, I have a resolution.

Resolution read by Secretary as

follows:

RESOLVED; That there ought to be a provision in the Constitution reserving to the Legislature of the State the right and authority to regulate the rate of tariff on freight and passengers over all Railroads which have received, or shall hereafter receive State, County, Precinct, or Municipal aid in their construction.

Mr. BALLARD. I move that the resolution be referred to the Committee on Railroad Corporations.

The motion was agreed to NEM. CON.

Mr. STEVENSON. Mr. President, I have a resolution.

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