Omaha daily bee., 1903-01-23
LITTLE BUSINESS IN SENATE
some Question Whether Howell
Water Works Bill Was Legally
Enacted.
(From a STAN Correspondent.)

LINCOLN, Jan. 22.ztSpeeial.)-A ques-
tion was raised this morning as to whether
g. F. 1. passed by the senate Tuesday
afternoon. had been invalidated by the
manner in which 1t was passed. The bill
was introduced by Howen Of Douglas and
it's intent is to compel the city council
Of Omaha to purchase the omaha water
works.
When the bill came up for a third read
ing and final passage Tuesday afternoon
the secretary did not have the. last page
of the bill, which contained three lines.
A recess OF seven minutes was taken while
the secretary looked up the page.
One member this morning stated that a
recess taken during the third reading OF
a bill would inyalidate the measure, while
others hold that II would make no diner
ence. The records do not show that a re-
cess was taken. Senator Harrison, who Is
an oldtime legislator, said the recess made
no difference and would not invalidate the
bill. I'VE we're simply at ease" he said.
"while the secretary got the bill together,
and the records will not show that there
was e recess taken"
In an opinion of Attorney General Prout,
published in his report Of 1901-1s02, he
laid down the same opinion as expressed
by Senator Harrison by quoting from the
supreme court Of Nebraska In the case of
the State against Moore. 81 Neb., 10. The
court said:
Where a bin has been attested by the
signature OF the presiding officers of both
branches of the legislature, and signed by
the governor, IL Will not be declared IN
valid because OF irregularities in the pro-
ceedlngs OF the legislature where no ex-
press provision Of the constitution has
Courts viii not inquire whether the leg
i~slaturc, In enacting a law violated It's
While it is possible a-rule OF the senate
has been violated. the provisions OF the
constitution have been carried out and II
would seem that the fear Expressed by
some senators as to the. safety of the mea-
sure, should Il become a[law and then get
into the courts. is groundless.
Private schools under the supervision OF
the state superintendent that have an in
vestment Of $50. 600, have, the authority to
issue certificates 70 teachers the same as
do the normal sehooIz now. No. IS was
passed this m6rnins. cutting down the
amount OF Investment from 500, 900.
S. F. 8. relating 10 the powers of county
boards OF health also passed the senate.
Shortly after IL o'clock the senate ad.
iourned until 10 o'clock tomorrow. in or
| Ger 10 turn Auo SENATE NudMDeE over &c
the decorators TO prepare Il for the recep-
tion to d.. K. Thompson tonight.
During the afternoon Governor Mickey
accompanied by Warden Beemer and thu
committees on penitentiary fromyboth thu
house and the senate, visited the peniten
tiary. About sixty members of both houses
accompanied the party
Routine Proceedings.
s. rs. 3 and IS we're read a third tim.
and passed. s. r. 3 relates to boards Q
health. defining their powers 10 establis
quarantine. S. +. SO Is a bill to reduce tn
amount Of Investment Of schools from 500,
600 70 $4,000. to give them the same powe
to issue certificates as a normal school,
These bills we're placed on general hle
S. +. IS. providing for entering on tax re
ceipts all delinquent taxes; s. r.. 80, es
tabiishing the rate of Interest 70 be charge
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