Omaha daily bee., 1883-01-27

1N
papers aud stamps, and placed tho
number at six each. By a ,ote CT
"a to 8 the resolution was laid on the
| table.
A proposed amendment to the con
s'itution relating to railroads was read
the first time.
Several bills, to ameud existing
statutes, we,o read, to which more
space will be devoted when they come
up for consideration.
On returning from the Joint con-
ventiCn a discussion arose on the
question Of adi Jurument. Some were
III favor of adj0urning until Monday
In spite of the resolution to meet in
joint convention. Brown, of Lancaa.
ter, resisted &C adjournment on the
groGnd that whatever their opinion on
the law, it is safer to obey the com.
mon Interpretation, and give no csu.e
to call In question the validity tftheir
a,tion.
A motion wss made yesterday to
adjourn till Monday, and was ruled
out of order and the chair was sus-
tanned. To-day the motion was re-.
peated, and a long and warm dispute
arose as to the right of the
chair to rule such q motion
out OF order. What motive
leads to these vexatious motions is net
apparent, but it gave Senators Brown
aud Kincaid a good opportunity to
sustain the law of congress, the ordi-
nary laws of public bodies and the
rules of order which govern the SEN
ate. Mr.. Ktncaid made a good point,
that whatever Importance members
might attach to the rules of order of
the senate, they were but temporary
and subsidisry-the law of the state,
and the law of congress was supreme
and enduring and controlled their &C.
ton absolutely in this respect, Tae
decision of the chair was sustained bya
vote If % to IL, and tho senate ad-
~journed to meet at 3 o'clock.
SENATE. AFTERNOON SESSION.
LINCOLN, January 25.-On motion
Of Mr.. McShane, senate bill No. l
was taken up and read a third time
and passed.
The joint resolution and memorial
to the legislatures If the states of
Kansas and Colorado and to the cen.
gress of the United States, in favor of
railroad legislation, being Nos. 3, 4
and z of the senate file, were read a
third time and passed.
On motion the senate went into
committee of the whole, with Brown,
Of Lancaster, in the chair.
Senate file No. 8 was thentaken up,
commencing with section 8
Brown, of Douglas, moved that Sec
ton 8, providing for a commission, bs
stricken out.
Mr.. Dech moved that when the
committee arise, the indefinite post.
ponement of the bill should be rec
commended.
Brown, of Douglas, sustained his
motion, by q reference to the fact
that an opinion had been obtained
from the supreme court Of this state,
that the creation of such q commission
as is contemplated by the bill, Is I'M.
constitutional.
MIR. Butler hoped Mother motion
would prevail. He denied the charge
that 1t was a railroad bill. No rail.
road man had aver seer it before ita
presentation to the senate. As to the
opinion of the supreme court, he did
not care for it more than for the opin-
ion Ct a justice Of the peace In the re.
hottest part of the state. He had
been attacked by. an anti. monopoly
paper, but he did not intend to spend
any more time in noticing such per.
sons. He had framed his bill on the
Illinois plan, and had prepared some
amendments in view of the recent de.
cision OF the supreme court.
Mr.. Schoenheis thought if they had
to dispense with the commissioner
system, all their legislation on rail
roads would prove q farce. He thought
the action of the house in asking for
an opinion on this subject, without
the action of the senate, very irregu-
lar, to say the least of it. He could
see nothing unconstitutional in such a
commission, for his part. A hippant
dismissal of the matter, in his opinion,
would be wrong.
Brown of Lar C sster invited Brown
of Clay to the chair, while he gave his
views upon the question before the
senate. He thought before postpon'
ing this matter, or referring the bill
back to the committee, 1t wes proper
to know the amendments prepared by
the author In order to meet the opin
ion Of the supreme court. AS to thu
constitutionality of a commission, he
had not had time to look into the
question, but he had high respect fol
the gentlemen composing that court
and their opinion. They had beer
selected by the people to ill the
places they held, 30 it vas Of no use
to talk OF treating their decision as Of
no account.
Mr.. Harrison was In favor of hay
ing the decision of the court before the
senate, instead of ~trustipg to street
rumors.
Mr.. Conner was opposed to the re
commitment Of the bill. II mus
finally come to the senate, aud 1t wal
now here and might be disposed of.
Mr.. Sewers thought it would BIZ
right, at any rate, to listen to the
amendments prepared by the author
in view of the recent action of The
court.
Brown, of Douglas, then Withdrew
his motion, in order that the amend.
ments might be read. Tho first
amendment makes it the duty of tbs
secretary Of state, state treasurer anG
attorney general to act as commission
ers. The amendment was approved,
An amendment to section 10 was ther