Omaha daily bee., 1903-03-31
Asserts One Extending Session to Sixty
Days Was Not Legally Adopted.
DISAGREEMENT on THE REVENUE BILL
House Names Conference Committee to
Reconcile Differences
INCREASE OF STATE LtvEs ONE OF ITEMS
Governor Decides Not 60 Recommess
Cutting Down Statutory L.-y
for University Building
Purposes.

LiNCoLN' March sO.--(Speciai Telegram,
u. u Whedon formerly attorney for To-
seph s BARLEY, and Robert RYAN. late su-
preme court commissioner and attorney for
ne hartley bondsmen, threw bomb into
me legislature today, when. aa attorney
ana plaintin respectively, they filed a me-
ution In the district court of Lancaster
county Tor temporary Injunction restrain
ing state Auditor Weston from issuing any
more warrants for the payment OF salaries
VI members OF the present legislature, the
purpose being to enforce the old law. pro-
viding for a term OF forty davs M "a
DAY The writ was not granted and since
ming the petition Judge Ryan has de-
clared that II was not the intention 20 affect
an injunction. but merely TO get the matter
In such shape as to secure a test In the
supreme court OF the constitutional amend
ment voted on at the general election in
1885, increasing legislators terms from
forty to sixty days and their salaries from
SO TO So a day
Another stirring event in the days pro-
ceedings was the adoption of a resolution
onered by Douglas OF Rock to nonconcur
In the senate amendments to the revenue
bill. The principal amendments objected
10 are those changing the general tax levy
from to mills and the one taxing accI-
dent insurance companies on their gross
earnings instead OF per cent Of such
as the original bill provided Speaker
Mookett named Douglas, Morsman OF
Douglas and Thompson OF Merrick 60 con-
fer with committee from the senate on
these amendments.
AS the house held day and night sessions
It was not possible for the stuefer commit
tee to make its report, as was expected.
Bomb I'm LeEIsiature.
The fling in the district court OF I.ancas-
ter county this afternoon by Robert Ryan.
former supreme court commissioner, Of a
petition formally applying for a temporary
writ OF injunction to prevent the state au-
oitor from paying salaries to members Of
the present legislature exceeding SO a day
for forty days, created the .iiveiiest, stir that
has been enacted In. the statehouse for some
time Rumors OF the petition were set
ahoat in very few minutes and members
began TO hock TO the office of Auditor Wes
ton. presently Judge Ryan, hearing of the
excitement, appeared in the statehouse and
cid what he could to allay fears. bv reas-
suring the members that his purpose was
simply to bring before the supreme court
the question as to the validity OF the consti-
tuuonal amendment by which the term OF
legislators was increased from forty to
sixty days and salaries from ss to IS a day.
and not to stop their pay. However when
/ II became positively known that netItIon
had been filed in the district court praving
for temporary injunction restraining the
STATE auditor from allowing any further
/ Chains OF legislators, even the reassurinq
! words OF the Judge we're scarcely adeouate
Judge Ryan filed no bond, however ana
does not propose to secure or Attempt IN
secure any Injunction. He has taken tbIs
step he said, simply or a necessary nre-
lmlnary to getting the matter properly be-
tore the supreme court. He intends 10 pro-
oeeu Win IL ana have the validity Of this
amendment determined once for all.
starts the Gossips.
O. o. Whedon appears at attorney for
Ryan in this action. The association ~
these Two gentlemen, In view OF their pro-
fessional connection with phases NJ IN.
BARLEY case, has stimulated the suspieion
tnat change of purpose was decide ON
aler the original filing Of this petition. and
'snus 10 strengthen another report
Just after Judge Ryan left the state house
s'ory "nich mas not been positively verf-
ned' got out and lends additional color
TO this AFFAIR 1t goes on Ia sav ths.
Judge Ryan, who was an attorney for aoma
OF the BARLEY bondsmen, became very
much annoyed at the manifest hostility
toward the movement TO secure the passage
OF Dill TO release these bondsmen from
Iurther obligation to the state and sought
this means OF retaliation. Then Il IA re-
lated that when the action OF the iudgs
reached the ears OF certain prominent leg.
islators they avowed their determination
Of securing an adjournment Of the session
sine die.
Attorney General Prout throws cold water
on this latter report by saying, after a talk
with Judge Ryan, that II was not the pur-
pose OF the latter to enjoin the safe aud
itor from paying the salaries OF legislators.
but that 1t was necessary TO hle this sort
Of petition, worded in this manner. in
order to lay the proper foundation for a
suit In the supreme court for the purpose
Of testing this law.
History of Amendment.
In :he fall OF 1856 a constitutional amend
ment was submitted to the people Of Ne
braska proposing that the sessions Of the
legislature be increased from forty 10 sixty
: days and the members salaries from So 10
} s. day. On the face OF the returns the
! amendment was carried, but three counties
Sioux. Loup and Blaine failed to send IN
! any returns and the validity OF the vote
was questioned. Accordingly after the new
legislature Of 1887 had convened Governor
Thayer. who then went into once. called
upon all the county clerks to send IN their
polling lists and ballots and a committed
consisting OF Senators Paul Schminke and
III J. X. Yandermark, Representatives w. j.
Pemberton, +. r. White and W. H. Nc
Cam. was appointed % canvass these re-
turns. There we're th"n seventy seven
counties and seventy fou-. or all but the
three mentioned complied with the gov
ernor's demand. The canvass showed that
Of the iSs, 7ss votes cast in the state tina,
fall 13s.42s we're cast on TIE amendment
72497 for and 22.l35 against II, 27.77s bal
: lots being spoiled and l6Ol3 cast on witch
the amendment was ignored. The amend
ment was declared 10 have passed and Gov
ernOr ThayeT. March O. 1887 Issued 2
, proclamation to that effect. stili at q
! previous joint session Of the Legislature
report was reached which held that ths
, amendment had failed TO pass and Governor
Dawes in his farewell address 10 ~ legis-