Nebraska Senate and House Journal

     The House was called to order by the Speaker.

     Prayer was offered by Chaplain A. A. Cressman of the Senate.

     The roll was called and all members answered present except: Messrs. Frost, Fuller, Hoover, Porter, Rodman and Taylor, who were excused.

     The Journal of the preceding day was partly read when on motion of Mr. Jenison, the further reading was dispensed with and the Journal was approved as prepared by the Clerk.

RESOLVED: That it is the sense of the House of Representatives of the Thirty-ninth Session of Legislature, that the Constitution of Nebraska, should be so amended that three-fourths of the members, at any special session, may take up any question that seems important to him, though not included in the Governor's call.

RESOLVED FURTHER: That this resolution be made a part of the records of the House and transmitted to the Constitutional Convention with the recommendation that some such provision be included in the recommended Constitution to be adopted by the Convention.

WHEREAS; on the first day of August, his excellency, the Governor of Nebraska, appeared in person before this body and made the following statement:

"The State administration some time ago prepared a plan of procedure for handling the matter of profiteering. In conference with the Attorney General, it has been planned that investigations and prosecutions will be made under the laws that are already upon the statute books, relating to combinations in restraint of trade. This action has been delayed, pending the decision of the courts with refer-

HOUSE JOURNAL

ence to the referendum against the Code bill, for under that legislation we shall be given wider powers of investigation and better remedies are afforded." And

WHEREAS; the question of profiteering is scarcely of less vital interest to the people of the State at this moment than the issue for which we are convened;

THEREFORE, BE IT RESOLVED: That this body respectfully request his excellency, the Governor, to furnish it with information relative to the "prosecutions" and "remedies" that have been applied under the Code bill since it has been inaugurated.

     The resolution was ordered to lay over for one day under the rules.

     Mr. Reynolds called up his resolution of the preceding day with relation to request the Governor to call an extra session to take action on legislation increasing the penalty of forcible rape, and moved adoption.

     A roll was ordered called.

     Those voting in the affirmative were: Messrs. Allan (Douglas), Anderson (Hamilton), Baker, Behrens, Berka, Black, Burgess, Carstensen, Christy, Crozier, Davis, Druesedow, Dyball, Foster, Fries, Green (J. Reid), Harte, Howard, Jacobson, Johnson (Phelps), Lambert, Lundgren, Maurer, McLeod, Osterman, Purcell, Purdy, Reynolds, Rickard, Sandquist, Schmidt, Staats, Strong, Thompson--34.

     Those voting in the negative were: Messrs. Allen (Gage), Anderson (Knox), Anderson (Butler), Axtell, Barbour Bethea. Briggs, Burney, Byrum, Carroll, Downing, Fults, Gerhart, Gifford, Good, Goodrich, Hardin, Harris, Hedges, Hostetler, Jacobs, Jeary, Jenison, Jenkins, Johnson (Burt), Lang, Lauritsen, Mathewson, McGrath, McKee. McLaughlin, Miille, Miller, Morrison, Nelson, Noreen, Rost, Smith, Snow, Steele, Sturdevant, Tracewell, Vance, Van Patten, Wertman, Wight, Wildman Windham, Mr. Speaker--49.

     Absent and not voting: Filley, Frantz, Frost, Fuller, Green (Barton), Hoover, Taylor, Stout, Rodman. Porter, Mears, McLellan --17.

     The motion was lost.

     WHEREAS, meetings of farmers at Wahoo were broken up by mobs last year; and

     WHEREAS, a mob attempted to lynch Beryl Felver, at Clarks last year; and

     WHEREAS, a mob broke up a meeting of farmers at Beatrice, August 9, this year; and assaulted and injured several persons peacefully attending said meeting; and

     WHEREAS, a mob lynched a negro in Omaha, burned the court house and attempted to lynch the mayor; and

     WHEREAS, mobs have gathered and attempted to destroy life, and property in Grand Island, Lexington and many other places in the State; and

     WHEREAS, No member of any of these mobs has been convicted and sent to prison; and

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     WHEREAS, until the Omaha outrage, no member of any of these mobs had even been arrested; and

     WHEREAS, Governor Neville last year refused to take any action to prevent the mob spirit from growing; and

     WHEREAS, Governor McKelvie has followed the example of Mr. Neville and has refused and failed as chief executive to enforce the laws against mobs; and

     WHEREAS, Governor McKelvie told a delegation of 80 farmers last month that he would take no action to remove the derelict city and county officials responsible for the Beatrice mob and that he would do nothing to have the members of the Beatrice mob brought to justice; Therefore,

     BE IT RESOLVED, that it is the sense of this body that Governor S. R. McKelvie is partly to blame for the Omaha mob, and we hereby demand that he take immediate steps to remove from office under the Sackett law all officials of Beatrice and Omaha who failed to perform their duty.

RESOLVED: That it is the sense of the House of Representatives of the Thirty-seventh Session of Legislature: That the Constitution of Nebraska, should be so amended that three-fourths of the members, at any special session, may take up any question that seems important to them, though not included in the Governor's call.

RESOLVED FURTHER: That this resolution be made a part of the records of the House and transmitted to the Constitutional Convention with the recommendation that some such provision be included in the recommended Constitution to be adopted by the Convention.

     Amended by inserting the word "as" in the first paragraph after the word "nations" and before the word "now."

     A roll call was demanded under the rules, which received the required number of seconds.

     The roll was called.

     Those voting in the affirmative were: Messrs. Allan (Douglas), Anderson (Butler), Anderson (Hamilton) Axtell, Behrens, Berka, Bethea, Black, Briggs, Burgess, Davis, Downing, Druesedow Dyball, Foster, Frantz, Gerhart, Good, Greed (J. Reid), Harte, Hardin, Hedges, Hostetler, Howard, Jeary, Jenison, Johnson (Burt), Lambert, Lauritsen, Lundgren, Mathewson, Maurer McLellan McGrath, McKee, McLaughlin, McLeod, MiilIe, Nelson, Noreen, Reynolds Rickard, Sandquist, Schmidt, Staats, Steele, Sturdevant Tracewell Vance, Wertman, Wight, Wildman, Mr. Speaker--53

     Voting in the negative were: Messrs. Anderson (Knox), Barbour, Burney, Byrum, Carstensen, Christy, Crozier, Fries, Fults, Gifford, Goodrich, Jacobs, Jacobson, Jenkins, Johnson (Phelps), Lang, Osterman, Purcell, Purdy, Rost, Smith, Snow, Thompson, Windham--24,

     Absent and not voting were: Messrs. Allen (Gage), Baker, Carroll, Filley, Frost, Fuller, Green (Barton), Harris, Hoover, Mears, Miller, Morrison, Porter, Rodman, Stout, Strong, Taylor, Van Patten.

     Mr. Crozier moved a call of the House, which received the necessary number of supporters.

     The roll was further called.

     Mr. Foster moved the call of the House be raised, which motion prevailed.

     The Speaker announced the adoption of the resolution, 53 yeas, 24 nays.

Mr. Speaker: Your Committee on Judiciary, to whom was referred Senate File No. 1, have had the same under consideration and instruct me to report the same back to the House with the recommendation that it be passed with the following amendment:

Strike out of Section 1, the words in lines 4 and 5 of the second page of the Engrossed bill, "so far as practicable," and insert in lieu thereof the words "upon buildings, furniture, fixtures, and equipment."

     Mr. Speaker: A minority of your Committee on Judiciary to whom was referred Senate File No. 1, have had the same under consideration and instruct me to report the same back to the House with the recommendation that it be passed with the following amendment:

     Strike out of Section 1 the words in lines 4 and 5 of the second page of the Engrossed bill, "So far as practicable," and insert in lieu thereof the words "upon buildings, furniture, fixtures and equipment."

     And Further,

     Amend the title of the Engrossed bill by inserting after the word "counties" and before the comma, in line one, the words "having a population of 150,000 or more."

     Amend Section 1 of the Engrossed hill by inserting after the word "building" and before the word "by" in line two, the following: "having a population of 150,000 or more."

     Mr. Speaker, your Committee of the Whole has had under consideration Senate File No. 1.

     Standing Committee amendments adopted and report the same back to the House with the recommendation that the amendments be engrossed and the bill placed on the calendar for third reading.

     Mr. Fults in the chair.

     Mr. Good moved the adoption of the report, to which the House agreed.

     On motion of Mr. Hardin the House adjourned until 9 o'clock Saturday morning, October 18, 1919.


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