Omaha daily bee. (Omaha [Neb.]) 187?-1922, 1919-11-16
V1eWs and Reviews
Hon. Nebraska Came to Get Its
Constitution

wonder how many people realize that the
coming Nebraska constitutional convention will
be the first to meet for that purpose in this
state in a years-in other words that the con-
vention that made the present constitution held
its deliberations in 1875, and the only changes
in the document then formulated have been
few that have run the gauntlet of the difficult
process of amendment.
The successive steps that led up to our pres
ent form OF state government are not generally
known except to those who have had occasion
to look into the early chapters of Nebraskas
history. The territorial organization dates from
the famous KansasNebraska act, so epocha in
the prelude to the Civil war; OF course the ex-
pectation from the start was to lay the funda-
tons for future commonwealth with full men,
bership in the union. But the first effort to Sc
cure state constitution met with defeat when
the question was submitted 70 the voters of
the territory at an election he'd March S, 1860,
with 2,272 adverse votes and only 1904 favor
able.
In 1864 the territorial legislature petitioned
congress to pass an enabling act to permit Ne
braska to qualify for statehood with which pc
tition congress promptly complied. A constitu-
tional convention was called and met at the
capital in Omaha July 4, 1864, but adjourned i'm
mediately after organizing, large ma ority of
the delegates having been pledged to this pro-
gram before their election for two reasons:
first, that the people did not want to take on
the additional financial burdens of state gov
eminent, and second, because the democrats
opposed anything and everything that might in
crease the preponderance of the republicans in
congress during the war and furnish the vote
of another state to help ratify war-t time amend
ments to the federal constitution.
After the conclusion of the war and the be-
ginning of the controversy between congress
and President Johnson, the pressure for state
hood became stronger and the territorial legis-
lature in February 1866, itself undertook to
a thrOuph 1ec rel,
committee. This document, which was hastily
put together, submitted to the people at
special election held June 2, 1866, at which men
to represent the new state in congress were
adopted by vote of 1898 for it to 1888 against
it. Whether this first state constitution of Ne
braska was ever really and truly ratified is a
decidedly. open question. The contest over it
was an old-fashioned hot partisan fight, and in
those days the ballot box was not quite as well
safeguarded as it is now. 1t was freely charged
that men were run in from Iowa to carry the
election in Nebraska DR.. Miller in his history
declares that the vote of the First Regiment
Nebraska Volunteer cavalry was 1874 for and
sale emigration of the First Nebraska regiment
to their homes in Iowa. Missouri ond other
states, after having voted in Cass and other
counties. They voted in Iowa the year before
and never pretended to be citizens here" A
protest drawn up by the minority of the leg
islature, analysed the returns and gave figures
to prove that the constitution was in fact de-
feated by a majority of 49, Nevertheless con-
gress accepted the constitution of the new state
subject to the condition that the word white"
be hrst stricken out Of the suffrage clause by
the duly authorized representatives of the peo--
pie, and this was done, not by resubmitting to
the voters, but by resolution of the legislature.
Nebraska had no sooner set up in business
as state than the constitution under which it
was admitted was found to be thoroughly in
adequate and defective. Another convention
was ordered and delegates elected to meet in
June, 1871. This convention, after putting in
~ days on the job, framed constitution which
was submitted for ratification along with five
separate provisions relating to woman suffrage,
aid to corporations, and liability of stock
holders. This constitution was rejected at the
polls by vote of 1886 for and 8,627 against,
and all OF the accompanying propositions went
down with it. The currently accepted explana-
ton was that those opposed to prohibition and
those opposed to the section that would tax
church-owned property in excess of $4,000, to-
gether, proved too much of an obstacle to be
overcome.
There was nothing left to be done except to
try again as soon possible, and the machin-
cry for another convention was set in motion
by the next legislature. 1t convened at the
state capital in May, 1875, and adjourned in
June. The rejected constitution of 1871 was in
large part retained, although, we are told, "the
executive, legislative and judicial departments
were enlarged and more adequate salaries pro-
vided for" and it is this constitution, adopted
at an election held in October, 1875, by vote
of 30,202 to 5474, that has continued to be the
fundamental law of the state, except as modi-
fed in few spots by process of amendment.
Since the operation of the present constitu-
ton of Nebraska thirty odd amendments have
been submitted to the voters, of which eleven
or less than one-thrd, have been adopted The
most comprehensive scheme to bring it up to
date was tried by the legislature of 1895, which
formulated and submitted twelve amendments
at one time, but all of them failed of the neces-
sary vote. 1t was after this that the ingenious
device OF permitting party endorsements of
proposed amendments and counting all cross
marks for the straight parity ticket yes" or
mo" on amendments according to the action of
the respective political parties was imported
from Ohio, that the door was opened for
changes in the fundamental law. All of the
amendments subsequently adopted have been
put over" by this dubious mechanism, or pur-
suant to the initiative amendment, which itself
was put over through the party circle. 1t is
worth noting that Ohio long since rescinded
the party method of constitution changing,
though Nebraska still retains it,
IT, -