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NEBRASKA HISTORY MAGAZINE

However, it would be unfair not to mention the names of some members of the H. R. Leaders in their respective political parties‑as Judge C. Max Northrup (r) of Geneva, Fillmore County; James Creighton (d) Omaha, Douglas County; Loran Clark (r), Albion, Boone County; J. W. Pollock (d), Wisner, Cuming County; J. G. Ewan (Ind.) a member of the Constitution of 1875, of Grant, Nemaha County.

State Wide 1875‑1877 (Republican)

As recognized political leaders, viz: Gov. Silas Garber, Gen'l. John M. Thayer, Hon. Lorenzo Crounse, Chief Justice Geo. B. Lake, members of Congress, Hon. Frank Welch and E. K. Valentine, State Treas. J. C. McBride and Atty. Gen'l. Geo. H. Roberts.

Educational Leaders.

State Supts. Public Instruction: J. M. McKenzie and S. R. Thompson, Chancellor Edumund B. Fairfield, State University.

Democratic Leaders.

Hon. Jas. W. Savage, Omaha; Henry C. Lett, Paren England, Joseph Holman, Atty. Crawford, Judge Griffith.

I could mention several local leaders throughout the state of the Republican, Democrat and Independent political parties, whom I came in contact and was acquainted with.

As it was then and no doubt now, the political contest was waged by the "Outs" against the "Ins," and the interest of the state was not considered.

It is generally best for the country at large that political parties succeed each other.

Question No. 8.

WHAT DO YOU REGARD AS THE MOST IMPORTANT QUESTIONS FOR FUTURE WELFARE OF NEBRASKA WHICH YOU HAD BEFORE YOU IN 1875 AND 1877? WHY?

I place at the head of the list, EDUCATION.

The destiny of our Nation depends on the proper education of the youth of the rising and present generations. Ignorance breeds vice, and vice means destruction. It is to be credited to the willingness of the people to pay more tax for education than for any other public matter. Highest standards of education should be diligently sought after and enforced.

Next to Education comes the Criminal question. Criminal laws should be explicit and the violation of said laws severely punishable. Favoritism and leniency of Judges passing sentence denounced and the execution of the sentence to follow immediately. "Crime has become an organized business in this country." The logical conclusion is that either society must control organized crime or organized crime will control society. Society must control crime, of course. And to this end criminal procedure must be made effective. Experience teaches that the criminal law which is most effective is the one which operates with the greatest swiftness and certainty. Betterment in criminal procedure is, that society must be protected, as well as the rights of those accused of crime. No right of a defendant should be infringed. The criminal law should be framed to give all the people the fullest possible degree of protection and safety of person and property.


Picture or sketch

The "Top Pony" presented to J. C. Dahlman by the Mabry Ranch.

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"Capital punishment seems terrible and severe to contemplate, but should weak sentiment release the murderer who shoots down a man in cold blood, breaks a home and presents helpless orphans to the cold and cruel world? There is only one reason why the United States stands at the first place in the eyes of the world in murder and crime and that is because our laws are not enforced.

"And the reason that Canada and England have so few murders is because the punishment for murder is death and they don't juggle the law and venture one appeal after another in the interest of the culprit and murderer and against the innocent and defenseless."

Criminal statutory laws should be simplified and robbed of all technical rules of procedure. Then the courts will be in a stronger position than ever to strike terror in the heart of the criminal.

The Banking System should be carefully regulated by law. Both the banks' and the depositors' rights safe‑guarded. Commercial business, private affairs and legal transactions are largely done through the banks. Drafts and checks are drawn to pay accounts. Thus revisions of the law to regulate the matter may be necessary from time to time.

The Railroad question is quite complex at times. Legislatures should be alert to the public's interest thereto. Fair play only to be demanded.

Public Utilities need to be carefully controlled by law that individuals, towns and cities are not imposed upon.

Roads and Highways are in demand. The Government and States are expending millions of dollars building the same suitable for travel. The City, County or State that is dilatory in the matter, makes a mistake. Wise legislation is needed on the question.

Agriculture. No state can afford to neglect her agricultural interests. The farmer and the miner produce the wealth of the nation or commonwealth. Give the farmer a chance; legislate for him!

In the revision of the Statute Laws of Nebraska by the Legislature of 1877 to make them conform to the new Constitution, 1875, it was quite a task, and required careful attention and comparison. There were many conflicting and obsolete laws.

Inoperative laws should be repealed from Legislature to Legislature. New laws should be drafted in simple language and comprehensible.

Few laws and better enforcement should be the aim sought after.

 
Yours for Justice,
    Chaplain C. H. Frady
Member of the Nebraska
State Constitutional Convention 1875.
Member of the Nebraska State
Legislature, 1877.
From Pierce County, Nebraska.


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NEBRASKA HISTORY MAGAZINE

SOME OBSERVATIONS ON THE CONSTITUTION OF THE STATE OF NEBRASKA

The members of the Constitutional Convention of 1871 framed an able document which would have been ratified by the voters of the State at large had it been shorn of its suffrage plank.

The 1871 Document served greatly for reference for the members of the Convention of 1875.

Honorable O. A. Abbott, James E. Boyd, S. M. Kirkpatrick, B. I. Hinman, Charles F. Manderson and A. J. Weaver were members of the 1871 Convention and also of the 1875 Convention; they were able to counsel wisely for the later body. There were other well-informed statesmen of the 1875 body who helped to direct the mind of the Assembly impartially and for the best interest of the State at large.

Standing Committee on "Education, School Funds and Lands"

The Committeemen were Messrs. Walther, Gwyer, Gere, Hopewell, Munger, Abbott, Harrington, Dawes, and Frady. The educational needs of the State received my undivided attention. The chairman of the committee, Mr. Walther, made full report of the action of the Committee.

Section 6 of the report is as follows:

"The legislature shall provide for the free instruction in the common schools of this State of all persons between the ages of five and twenty-one years."

Section 11:

"No sectarian instruction shall be allowed in any school or institution supported in whole, or in part, by the public funds set apart for educational purposes."

Section 12:

"The legislature shall provide by law for the establishment of a school or schools for the safe-keeping, education, employment, and reformation of all children under the age of sixteen years, who, for want of proper parental care or other causes, are growing up in mendicancy, ignorance, idleness, or vice."

The above three sections appealed to my best thoughts and effort to incorporate.

It fell to my privilege to draft the Preamble of the Constitution, to-wit:

PREAMBLE

"We the people, grateful to Almighty God for our freedom, do ordain and establish the following declaration of rights and frame of government as the Constitution of the State of Nebraska."

I did not worry in giving my best attention to all acts going into the Constitution. Now, 53 years since the meeting of 1875 Constitutional body, my mind is in sweet remembrance of that noble body of men of whom I am nearly the last to remain.

 
Yours truly,
    CHARLES H. FRADY,
   
Long Beach, Calif.
May 2, 1928.
 

       The "suffrage plank" referred to constitution Chaplain Frady was submitted as a separate proposition and the constitution itself did not include woman suffrage. No doubt however, prejudice against the separate proposition for woman suffrage influenced some voters against the constitution itself.


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