Omaha daily bee., 1901-01-16

the contestee, Hodges, yet this vote Is
and a vote that had been cast and counted
for Hodges, threw 1t out and thus reduced
the majority OF the contestcc.
Question OF Johnsous vote.
Another vote challenged in the notice of
contest is one cast by one who the con-
testant claims wrote his name across the
back OF the ticket This ticket Is not pro
duced IN evidence or examined bv the com
mittec, but as to whether or not IL is
marked as charged or. that It was voted
| for Hodges. as claimed, IL lett entirely to
oral testimony. The Judge who had posses
sion ~ the plain ticket swore In his opinion
nnotbsr Wbs Ip'ed in their oSninn f. Was @ % voted % for
Hodges All of this testimony is objected
as incompetent and not he best evidence
by the contestec, an1 your committee In
| sist that such testimony Is incompetent
| yet without the examination OF the ticket
said ballot was cast, was so marked and
was a ballot cast and counted for Hodges
ana 5hS bnS vas KS. d ss WE tne claim reducing @
Again, the contestee insists that the con-
| testant Johnson cannot he seated for the
reason that he is disqualified from holding
| the said office by the constitution of the
| state OF Nebraska, for the reason that he
was at the time OF his nomination and cleo
| tion, and LONG subsequent thereto, holder
| of lucrative office In the said county of
his residence, to-wit; A member OF the
| board of supervisors of said county, having
! been duly elected and qualified at the time
e senator nis of the said rWehtyleShtR I'VE sena
| torial district, and held the same until
after the last election; that IL Is admitted
| In the evidence that the said supervisor
| district embraced more than one township,
and we insist that the same IL a lucrative
office under the laws Of this state and does
| not come within any of the exceptions
| enumerated in the said constitution.
We therefore Insist and most respectfully
| submit that the said contestant has not
sustained the charges or any of them upon
which this contest Is based, and that the
contestee. B. Hodges, is entitled under the
80
We further insist the said report OF the
majority of this committee should not be
received or acted upon until all the votes
challenged and questioned are examined
FRANK CAMPBELL,
J. A. WOOLSTENHOLM
Committee
The motion brought out considerable dis
cussion on both sides. The speakers ia
foring the adoption Of the majority report
were: Baldrige, Young. Allen and Hsr-
Ian, while those opposing it were: Ran
som, Campbell and Miller After remarks
from both sides vote was called for, the
question being whether the minority re-
port should be substituted for the ma
jorlty. and the motion was lost by vote
OF is to 13, Meredith being absent and
Hodges not voting. A vote was then taken
on the adoption of the majority report, the
report being adopted by the same vote, IS
to 49, thus resulting In seating the contest
ant. MIR. Johnson.
The following resolution, which was pre-
sented by Ziegler OF Cedar. was read and
went over under the rules:
Whereas. In a late case the supreme court
Of this state has decided the railroad COM
mission law " 1887 unconstitutional, and
whereas, Tho late governor OF thi' state
In his farewell message to this legislature
assumed that, because OF suCn dCClSloll'
there was no railroad commission law I'm
FORCE In TINS ttate, and - -,
whereas, In the opinion OF eminent Jaw
yers the said decision of the supreme court
revlves the law of 1885, which I'm that event
is now IN force, Jhd
t. be advised for its enlightened action IN
the premises, therefore be II
| Resolved, That tho members of the sC-
} prem court be asked the following ques-
/, What was the effect of the decision of
your honorable court IN the case of the
State of Nebraska against the Burlington u
Missouri River RAILROAD Company, rendere l
clarng chapter Is. Sessions Laws OF 1881"
unconstitutional?
, 2 Did such decision render the railroad
! commission defunct in toto?
; 3. Did such decision revive the statutes OF
asce VIII ehaper Xxx Xxi e GampS
, You are most respectfully. requested to
I answer the foregoing questions at your
earliest possible convenience
Resolved secondly, That certified copy
OF these resolutions be transmitted u the
judges OF the supreme court
, Upon motion the senate adjourned until
10 o'clock tomorrow.
The following senate files were introduced
! today:
s. +. 1o3, by Currie-An act to amend
} chapter lxXv of the Compiled Statutes en-
p titled Reform schools.
. s. T.. 1M by McCargar-An act to require
a stamp or label on every ball OF binder
: within the state of Nebraska, and providing
: a penalty for the violation thereof.
= s II. l0o, by Baldrigc-An act to provide
3 for the humane shoeing Of horses, preScrib-
: ing the qualncati tions of horseshoer, regI-
lating the practice of horseshoeing In cities
having a population of 5000 Inhabitants or
over In the state, and to provide penalty
for its violation and to secure It's enforce
ment.
, s. T.. 1O6, by Baldrge-An act to amend
! section 223 of chapter XIII, entitled De
+! cedents" and to repeal said section.
$. T.. l07 by Baidrige-An act to provide
: for subjecting corporate stock to execution
! and attachment, and the manner OF pro-
: ceeding therein.
s r 1OS. by Martin-An act to regulate
and fix the salary of the clerk and reporter
of the supreme court, providing for the pay
ment of the same, and providing for the
disposition of all fees and costs collected
G by him, and to repeal all acts and parts
? of acts in conflict herewith.
$ S. f. 1Og, by Baldrige-A joint resolution
: to amend sections 2, 4. 5, and 10 OF article
; braska entitled ''the Judicial Department
d and providing for nine judges of the SUI
q Dreme court and for a division OF theii
@ duties, their selection, terms of service and
o their salaries and to repeal said origina
!, sections