Omaha daily bee., 1921-07-28
Attempt To Kill
Language Law
Raped by Davis
Attorney General Charges Ed
itors of Foreign Papers Are
Leading Attack on Reed
Norval Bill.

Lincoln, July 27.-(Specal)-Ne-
braska editors Of papers printed in
foreign languages and leaders among
foreign-born citizens of Nebraska are
fighting the Reed-Norval language
law because they hope that by sitting
the use of the American tongue and
sprading the use of the German
tongue they can maintain their lead
crship among these people, is a
charge made by Attorney General
Clarence A. Davis in an answer pre-
pared today to suit against enforce
ment of the Reed-Norval law. Ex-
cerps from the answer follows:
For sometime there has been an
effort to foster and maintain foreign
customs, languages and ideals in
some communities and localities in
this state, and to check the growing
Americanization of such communi
ties and render them immune from
all influences except those presented
by leaders employing goreign
tongue.
Enlightment Is Necessary.
liz ouAASSo vi lilN lS-
publican system of government in
America is dependent upon uni
fcrmity of enlightment of citizens in
full sympathy with the ideals of this
ration.
"a considerable portion of the pop
ulation of the state its either foreign
born or Of foreign parentage with
natural tendency oward foreign ideals
and ideas of government, and with
a natural hesitancy to adopt and as
simulate American customs, methods
ard form of government"
At the same time Davis issued
statement deploring the action of Dis
trict Judge Button of Fremont, in
issuing temporary injunction
against enforcement of the law. He
said:
Regrets Judges Action.
Il regret very much that Judge
Button saw fit to issue a temporary
injunction against the enforcement of
the Reed-Norval act, without consid-
erjng the brief submitted by the state
or the special appearance entered on
behalf of the governor and the at
torney general, objecting to his juris-
diction.
The practical effect of this tenn
porary injunction, when ruling on
the permanent injunction is set as
tar ahead as September, is to tic
the hands of the law enforcing ma
chlnery of the state and give the
foreign language communities the
opportunity to hold summer schools
in foreign language, under pro-
lection of this injunction"
Here are excerpts fro'l the brief
filed by the attorney general, which,
it is charged Judge Button failed to
answer:
No Reason for Act.
There is no particular reason for
bringing the governor and the at
torney general into Platte county
and compelling them to defend this
action in Platte county and COM
pelling them to defend this action in
Platte county at considerable incon-
venienee. The next step will be for
some county judge in Banner or
Sioux counties to enjoin the COVER
nor from enforcing the liquor law,
thus compelling state officers to
spend most of their time on the bor-
ders of the state defending them
selves against actions brought in
outlying counties. "
1T is rather an unusual proceed
ing for single judicial officer, at
the outset of an action, without
granting the governor of the state
an opportunity to be heard to en-
join him from carrying into effect |
the will of the state, as expressed !
in legislative act.
with all due respect, we are drift
ing into a dangerous situation when
a single judicial officer sets himself !
up as a higher legislative body and |
attempts to nu1lify the acts of the
1873 members of the legislature. No |
doubt, the power exists in district
judge, to nullify law on the ground |
of unconstitutionality, but the ex-
ercise of such a power is ordinarily |
left to the supreme court and seldom
assumed at the outset of an action,
before proof"