Omaha daily bee., 1918-03-26
NO DRY ACTION
BY SESSIO SAYS
THE GOVERNOR
Neville After Study Of Sltua'
tion Declares Lawmakers
Vote Would Be Useless;
BRYAN Has Statement.
(From a staff correspondent.)

Z.
over the constitution OF other states
in an effort TO discover il other states
give authority to a special session to
enact legislation not specified in the
call.
The governor has discovered that
bat few states giye that freedom to
a1special session. One state gives the
governor power to incorporate needed
legislation il an after call issued after
the first call has been made, while
another state gives its legislature au-
thority upon two-thirds vote OF the
members.
What Constitution Says.
The state Cf Nebraska expresses it.
self in its constitution along about
the same fine as the most of the
states, section 8 of article 5 OF the
constitution reading:
i The governor may on extraordi-
nary occasions convene the legisla-
ture by pro: :lamation, stating therein
the purpose for which they are con-
vened and the legislature shall e,ter
upon no business except that for
which they we're called together"
This. in the mind OF the governor,
clearly established the rights of the
legislature and that no legislation can
be enacted but that specified in the
/ call. .r.<... a."
Bryan's Position.
Mr.. Bryan in his address in Lin
coin, said that the legislature could
take action on ratification OF the
prohibition amendment, basing his
claim on the fact that some state at
some time had elected United
States senator at a special session,
when the election had not been speci-
fed in the call What state he re-
ferred to is not known.
j The contention is made that Mr.
] Bryan is wrong for the reason that
the ratification of an amendment to
The national constitution and the cleo
tien OF United States senato' are
two distinct and separate matters, and
! that the election OF senator to fill
vacancy is provided for in the federal
constitution and that when vacancy
! occurs. the governor OF the state APP
points until the next session of the
legislature convenes and if that ses-
] sion happens to be a special session
ii is its duty to elect someone to fill
the vacancy in states where the lsfis-
lature elects the senator.
Federal Constitution.
The constitution, of the United
States reads: Article |, Section 3:
..If vacancies happen by resignation
or otherwise, during the recess of the
legislaturesof' any state, the executive
thereof may make temporary appoint
ments until the next meeting OF the
legislature, which shall then fill such
vacancies.
Members Of the legislature so far
who have arrived appear to be in the
air on the proposition whether the
ratification ot the amendment can be
legally taken UP. Many of those who
favor its ratification are fearful that
II an attempt is made to override the
governors call it will bring on fight
which will have the same effect as In
that of the last session--that real leg
islation will have to suffer because
Of feelings existing between men,
bers brought on by such fight.
Not After Squabble.
One of the most prominent mem
I bers of the last session, James Auten
of Boone, said today he has come to
! Lincoln to do business and not to
squabble over differences of opinion.
II the members want to get busy and
enact the legislation called for he will
stay and help, but il they are going
to go to scrapping, he will simply tell
them what he thinks of their action,
pack is grip and go home where he
has much more important work than
talking. He says talking won't get
his wheat and oats sowed or plow his
land for corn, if it could he would
have done his talking into a phono-
graph and left it to put in his crop.
The only thing to be gained by
ratifying the change in the consti-
luton would be that as Mr.. Bryan
said, Nebraska would thus be one ot
The first states TO recognize the pro-
hibition amendment by Legislative
action" This in the mind OF many is
not OF sufficient importance TO cause
he members who favss such action
20 take a slap at Governor Neville
when the next regular session can
i. lust as we'll take, care OF the matter
Bryan's Statement.
w. ]. Bryan tonight issued q
Il signed statement containing an argu
ment for the ratification OF the prohi
bition amendment. He devotes thu
major portion OF the statement tc
4 arguments why prohibition is bene,
ficial. Then he devotes few para
x graphs TO an argument why the demo
H eratic party should take a stand fol
the dry law. He says:
In the ratification OF the amend
ment democratic leadership has beer
even more pronounced. The first eigh
I states to ratify-Mississippi. Vir
ginia, Kentucky, South Carolina
\ North Dakota, Maryland, Montan;
4 and Texas-every one supported tn,
: democratic ticket at the last presiden
fial election. VIII Nebraska prove al
exception among the democratic
states! Delaware, the ninth state t,
] ratify, supported the republican part
in the last presidential campaign, an
the 10th state, South Dakota, did also
and when the list OF SO states is com
pleted it is probable that the two PAT
ties will not be far apart in the nun
Der Of states ratifying. | appeal to tn
democratic legislature not to allo'
Nebraska's name TO be omitted fror
the roll of honor.
IF this legislature fails TO ratif,
there is no doubt that legislator
viii be elected whose members wi
be committed in advance to ratifies
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