Omaha daily bee., 1921-08-07
Nebraska Legislators Toted Guns When Governor
Called State Troops to Keep Rival Out of Office
State House Became an
Armed Camp in Fight
Between James Boyd
and John Thayer.
By VICTOR B. SMITH.

DdShNu uo"h tah w. -
few days ago to call out state militia
to protect himself from arrest for al
legged misappropriation of state funds
and thereby Gained the fears of llli-
nois citizens who feared an outbreak
OF near-anarchy if governor and
courts proceeded to test out their re-.
spective strength by exercise OF
force.
Back in 1891, Nebraska not only
heard threats of such action, but
experienced it. For days the state
house at Lincoln was an armed camp
with state troopers, police and spe-
cal guards patrolling corridors. with
the supreme court defied and with
actual shedding of blood not merely
feared but expected.
John M. Thayer, retiring COVER
nor, refused to turn over his office
to James E. Boyd, governor-elect.
A majority of the state representa-
tives refused to canvass the vote
which would show Boyd elected. The
supreme court ordered the canvass
to proceed, The legislators defied
the court. The sheriff was assaulted.
State guardsmen were called to
arms to guard the state house.
Thayer called special police into
service to guard his offices. Members
of the legislature and everybody
connected with it carried guns in
handy holsters or pockets and for
two days the capitol was a powder
magazine which needed only spark
to produce a catastrophe explosion.
Election Close Race.
The trouble started when the cleo
ton returns indicated a remarkably
close race between L. D. Richards,
the republican nominee; Boyd, the
democrat, and John H. Powers, the
Independent populist. The vote
stood: Boyd, 1881; Powers, 7O,l87;
Richards, 6S,878. After the election,
it was charged that Boyd was in
eligible to the office because not a
naturalized citizen of the United
States. Independents controlled the
legislature and it was planned to
deny Boyd title to the governors
chair.
The signs were ominous from the
day the legislature met 5. M. FL
der was elected speaker of the lower
house-representing the independ-
ents. Republicans and democrats
were in the minority.
On January 8, both houses of the
legislature met in joint session to
canvass the vote for governor and
other state offices. The lower
house, just before this session, vot-
cd to change the rules to provide
that its own speaker should preside
at the Joint session instead Of the
retiring ieutenant-governor, George
b. Meiklejohn. This move was in
order that control of the proceedings
be in the hands Of Elder. who op-
Sosed Boyd, instead of MeikleJohn,
who favored him.
Meiklejohn Refuses.
But Meiklejohn refused to be put
out, claiming authority by virtue OF
the constitution and the custom OF
20 years.
Taking his position at the speak
er's desk. he declared the session
open and instructed the speaker to
canvass the vote.
"But how shall I dispose of the
contest?" asked Elder.
A state senator moved that the
count be postponed until the contest
he settled which would allow the
retiring governor, Thayer, to con-
tinue in office.
Then bedlam broke loose.
Meiklejohn ruled that no motion
would be entertained and no busi-
ness transacted except the canvass
Of the votes. Senator Stevens
moved to appeal his decision
Meiklejohn ruled that there could be
no appeal. He demanded that
Speaker Elder canvass the vote.
Elder refused.
Meiklejohn, with unperturbed mien
and firm voice, repeated his demand.
Elder Breaks Seal.
Elder wavered, broke the seal, then
Strengthened up again and again re-
fused.
Members of senate and house made
motion after motion. MeikleIohn ap-
peared to hear none. Finally, after
four hours of wrangling. the session
recessed until the next morning.
Then the real fireworks began.
On petition of State Auditor Ben
ion. the state supreme court issued a
writ commanding Speaker Elder to
canvass the returns. The ndepen-
dents caucused and decided to refuse
10 recognize Meiklejohn as presiding
officer. and to refuse him admittance
to the house chamber. Speaker Elder
issued a warrant for his arrest.
Speaker Comes Early.
But Meik1ejohn was an early
worm. The meeting was scheduled
for 10 a. m. At o'clock Meiklejohn
was at the state house. Accompanied
by four guards, he entered the door
OF the house chamber and took his
place at the speakers desk. A little
later two segeants-at-arms ap-
preached.
Il guess I have warrant for your
arrest" said one to Meiklejohn.
"Let me see it." replied the lieu-
tenant governor.
The sergeant-at-arms handed il
over. Meiklejohn put it in his
pocket.
II guess I'll nave TO put you out,
the sergeant-at-arms said.
"Where is your authority" re-
torted Meiklejohn. "I have your war
rant and I'd like to see you get it
Without it, you don't dare touch
me-"
Holds the Fort.
And Meiklejohn held the fort.
Let the story now be told by cor
respondents of The Bee who were on
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