The McCook tribune. (McCook, Neb.) 1886-1936, 1899-01-13

Vi representatives: HaNIEg been cho-
sen to the highest office in the state
by the votes of the people, in compii-
ance with the provisions OF the consti-
tuition, before assuming my active du-
ties, l desire to address YOU briefly.
You have had presented to you very
ably by his eXcellency, Governor Hol-
Comb, the condition of our public in
etitutions, and accommodations result
ing rom his perfect acquaintance with
affairs acquired by his term OF office
as chief executive. Coming as [ do
from the walks of private life, the OBJ
sersations and recommendations
which j now make to you must of ne
cessity be solely of those matters of
general public interest with which ev-
cry we'll informed citizen in the state
is supposed to be familiar.
We recognize that the primary pow
er crsts in the hands OF the people,
and that their will should at all times
be considered supreme. Men are so
constituted that differences of opin-
ion always have existed. So in a gov
eminent of the people some rule must
he established determining the man
G:er Of ad justment of differences and
the only means for such determination
must rest with the majority. But while
the majority must at all times rule, the
right of the minority to u free discus
sion and a candid presentation of it's
opinions should never in a free govern
ment be abridged. The three func-
tons OF our state government, as es-
tahiished by our fundamental law, the
constitution, are defined to be the jeg-
l%slative, executive and judicial, and
neither Of these "shall exercise any
power properly belonging to either of
the Others They are each alike re-
sponsible to the people for the manner
N which they discharge their dulles,
and il is impossible to make ar al
ference of political opinion which
might exist between those who are the
elected representatives of the people
in any one Of these departments of
government a reasonable excuse for
u failure of duty to the citizens of
the STATE. Partisanship may be bitter
before election, but the will of the peo-
pie llaVing been expressed, citizenship
sbould rise above p~artisanship and the
welfare of our people, the material adj
vancement of our industries, the good
name and fair fame of Nebraska
should outweigh all partisan advant-
ages.
1t is my most sincere desire that we
shall cooperate for the best interests
of the state. To you is entrusted the
law making power of the state, and
the apportioning of the revenues
among the various state institutions.
In the enactment of wise and bene-
1icent laws and the just and economic
apportionment of public funds, l
pledge you in advance my sincere and
hearty assistance. The welfare Of the
state shall at all times be my first con-
sideration, and l shall never hesitate
to use the power conferred upon he
by the constitution to withhold my
approval Of any measur which you !
may enact that L consider iniInical to
6he public good. Nor shall | withhold
my approval OF any measure you may |
pass in the public interest. If any dif-
ierences in judgment should arise | am
ready to accord to you the same hon
esty Of purpose and desire for the peo-
pies welfare that [ claim for myself.
The Interference with. or the usurpa- |
ton in any way of the power Of n
branch OF the state government by
another, which the constitution de-
fines as coordinate, is dangerous to
the liberties Of the people. Hence L
deem the veto given by the constitu-
ton to the governor a power that
should only be used as Il last resort to
prevent unjust or hurtful legislation.
You are the recognized law making
power direct from the people, and to
them you must render an account of
your actions as their representatives.
Having done your work carefully |
and conscientiousiy, hat work
should stand until the people
express a desire for change. Too
often, however, the work of the
legislative department is made in
effective by our judiciary. Even the
sentiment is gaining in the minds of
the people that no act Of the legisia-
ture is a law until it has the approval
of the courts. This, if true, makes the
legislature useless. Not only so. but
1t destroys one of the coordinate
branches of state government. The
notification OF so many laws by our
courts, / am led to believe, is not oc-
casioned by the intention of the court
to usurp the authority of the legisia-
ture, but more on account of the mad
equacy of our constitution. This was
adopted at a time when our state was
new, its resources undeyeloped, and its
settlements meagre and sparcely dis
tributed. With our splendid develop
ment, our state has ~outgrown many !
of its constitutional provisions, and
the endeavor of the Legislature to meet
bv law existing conditions. is ham
pered by inadequate constitutional
powers. To meet this growing de-
mand, nearly every biennial session
submits to the people amendments to
the constitution. But in the press of
other matters, and in the excitement
of political campaigns, they are lost
sight of and fail to receive the popular
ratification. In my opinion should you
make provisions for the calling OF a
INSTITUTIONAL convention, such ac-
ton would meet the hearty approval !
of the people. s