Omaha daily bee., 1889-02-20
The Submission Bill,

LINCOLN, NED, teD. l3.-lSpeclll 10 IHE
BEE. Consideration of the cons:itutionality
of the submission bill recently passed by the
Nebraska Legislature promises to be the
event of the week. The question has never
been more generally discussed in Lincoln
and throughout the state than now. Argu-
ments pro and con will be heard by the su-
preme court Wednesday.
Briefs will be submitted by some of the
leading lawyers of the state. It is the opin-
ion of a number of the bar of this CITY that
the bill is clearly contrary to the funda-
mental law of the state, and they are not
slow to say so ana give their reasons. Con-
siderate people, however, give them defer
ential weight, while the fanatical treat them
with scorn and derision. 1t is manifest, too,
that party apostates or prohibitionists are
loudest in their cries, and gather to them
Pelves whatever cheap glory there may be
In the matter as it stands.
TIL attorney general will be heard in the
case. He is not over well pleased that the
Legislature should ask HIM to discuss tho
question in the light of constitutionality
q. alone. This action has not met with general
approval and has accustomed considerable
comment, much of which is unfavorable.
BY many of the best citizens it is regarded
Rs an unwarrantcd request, inasmuch as no
ease has been filed, and the state cannot, be-
cause of its nature, be Justly more interested
on one side than the other. The matter is
simply an inquiry "in re-" it is urged, and
the attorney general ought to be held in the
consideration of the salient points, on both
sides of the controversy and leave the i'm
y passioned arguments to those who are most
Interested.
Outside of the matter of the supreme
COURTS decision of the bill there has been
a great deal said regarding the custom of the
present session of the assembly of asking the
opinion of the supreme court on every
doubtful question that arises. The fact
is lawyers are not favorable to a course that
puts these questions III the category of res
hd1udicata, and tthey poirtedly ask, If the
supreme court shall pass upon the constitu-
tionality of the bill, would it be considered
as settled in the event of triumph for prohi-
bition at the election in 1880. 1t is further
argued here that it is possible for both prop
Dsitions to carry at the polls. Many prohibs
concede this, and they openly state that
they prefer the overthrow Of the bill by the
-eupremc court than to have the dual plank
Incorporated into the organic law of the
state.
Judge Poppleton, of Omaha, has arrived to
counsel with John L.. Webster on the argu-
hent before the supreme court against the
submission bill. G. w, Ambrose has also
come to offer an argument. He says he will
maintain with all the Indignation of his
nature, that the supreme court has not pro-
per jurisdiction IN the matter. Webster as
sunes the courts jurisdiction, and there are
preinonitory symptoms of a clash. One Of
these gentlemen may not be heard.
Mr.. O'Brien's Bill.
The bill introduced in the house by MIR.
NO'Brien, of Douglas, is one Of the most i'm
porjant measures SO far introduced tins ses-
sion.
Under the present constitution an alien
coming to Nebraska has to live here only six
months, and declare his intention to become
o citizen of the Unlted States, at least
thlriy days prior to the day of election, and
he is Il citizen of this state ana entitled to
vote. Az first glance this would seem TO be
Bill right, but a closer analysis reveals the
alarming fact that it lies in the power of the
alien vote TO control the whole fabric Of state
government, eject both bodies of our legisla-
ture, select Il United States senator, and in
O closely contested presidential election say
VINO shall DC the chief executive OF the ma
lion.
In speaking to Mr.. O'Brien upon tho sub
Sect of his bill he stated that
when the clerk OF the district
court of Douglas county testified before the
commission taking evidence in the Douglas
county election contest, that he had ISSUED
l,5OO first and second citizenship papers to
aliens who proposed 10 vote at the November
election OF 1885," II occurred TO him that
something was wrong, and upon eXamina-
tion of the constitution he made the discov-
cry that led him to introduce his bill to-day.
Yhe clause in the present constitution de-
Guing "Yho are electors was taken from
the old constitution of Wisconsin, and was
Intended to be an inducement for persons
coming to America 10 come west and settle
in Nebraska. The state was then poor and
thiniy settled, but now things are aiftoren,,
and the same conditions do not exist. 81
may said Mr.. O'Brien, ''he heavily cen
surcd by some of my foreign born friends,
but thoy must remember that though n ma
live OF Wisconsin, | am as full-blooded and
thoroughbred an freshman as ever trod the
earth. My sympatnies are always ON the
side Of nay people across the water. but w.ea