Lincoln Journal Star from Lincoln, Nebraska • 1

The The Evening State Tournal LINCOLN DAILY NEWS) THIRTY-FOURTH YEAR REFERENDUM IS HELD TO BE INVALID CODE NOW FULLY OPERATIVE, Holds Each Petition Should Have Had Copy a of Law The administrative code bill enlacted by the present legislature in regular session will not go to the people of the stato for approval or under the referendum, unless the opinion of Judge W. M. Morning of the Lancaster county district court de reversed by the supreme tribunal. Judge morning Saturday placed in the hands of the clerk of the court 8 written opinion denying the writ of mandamus applied for by Asa D. Scott and others to require Secretary of State Amsberry to file the referendum petition on the code bill, basing his opinion largely on the decisions of the supreme court of Oregon, from which state the Nebraska referendum act WAS borrowed.

The Nebraska secretary of state: refused to receive and file the referendum petition on the ground that copy of the act sought to be referred was not attached to the several petitions presented to the voters for their signatures. Mr. Scott and the other relators contended that it WAS not necessary to attach a full copy, of the act to each petition, but that the law would have been complied with and was complied with when a copy of the act was attached when presented to the secretary of state. The law provides that referndum petitions shall be attached to a full and ocrrect copy of the measure on which the referendum is sought and that the secretary of state shall, when the petitions are presented in the presence of the governor and the person presenting the petitions, detach the sheets containg the signatures and affidavits from the copies of the act and return such copies to the person presenting the petition. The court holds that this provision is mandatory and not merely directory and such copies of the act were not attached to the petitions presented to the voters, and that the law was not therefore complied with.

The peremptory wirt of mandamus is denied. Judge Morning states that the code act is now effective, should the state administrative officers see fit to put it in operation, taking chances on the district court being reversed. There is nothing to supersede, as he sees it, tho it is expected that the promotors Ithe referendum will at once appeal and the supreme court will act on the controversy at once. Judge Morning's opinion in full follows: Opinion of the Court. "This is an application for a peremptory writ of mandamus to compel the secretary of state to file certain referendum petitions against an act of the 1919 session of the legislature popularly known as the "Civil Administrative "The case was submitted to the court on a statement of facts which was introduced in evidence.

The matter has been ably argued and briefed by counsel and now comes on for, is decision. conceded that the petitions in question are in due form and that they have been signed by the requisite number of qualified electors. It is stipulated that none of the petitions, when circulated, had attached thereto a copy of the law on which the referendum is demanded. The relator insists that the law does not require a copy of the act to be attached to the several referendum petitions while being circulated for signatures, but that the law is sat1sfied in that particular if a copy 1s attached when presented to the secretary of state for filing. "Respondents, on the other hand, Insist section 2337 of revised statutes of 1913 controls the matter and that each petition must have attached to it "A full and correct copy of the measure on which referendum 1s demanded." "Said section 2337 is Indentical with that contained in the Oregon law and was borrowed therefrom.

The same, or similar provisions are found in the initiative and referendum statues of several of the states. My attention has been a called to no court of decision dealing with the exact question here presented for decision. The case of W. 509 has been cited, but to my. mind Bartling-v-Walt, 96 532; 148 A N.

the point here presented was not involved nor decided in that case. "The corresponding section of the Oregon under considrration in Palmer-v-Benson, 50 277; 91 579, and State-v-Olcott, 62 277. "In the Palmer case the referendum petitions had attached to them merely the body of the act but not the title. Both parties and court assumed that there must be attached a copy of the act, and the question was whether this must also include the title. The court held that attaching a copy of the act without the title was sufficient, In the Olcutt, case, it was again 88- sumed by all parties that a complete copy of the act must be attached to the several petitions but the question WAS whether sevral sheen fastened and attached to a copy of the not was sufficient of whether each shoot for signature was in law a separate petition to which a separate copy of the act must be attached.

The court held that several sheets for Bignatures attached together should be treated as one petition and it to this was attached a copy of the sot it was a compliance with the law. It the relators in either of said canes had made the claim that a copy of the act nood not be attached to the petition when being circulaed for signatures and the court had passed upon that point those decisions would be authority which the courte of this state would likely follow. But since the exact point was not raised in either case, the only aid I am able to derive from them lies 'in the somewhat significant fact that in Oregon, state from which we borrowed the statute here Involved, both litigants and the court, each cano, assumed that a copy of LINCOLN, NO STRIKE AT THE BURLINGTON SHOPS HAVELOCK UNIONISTS TO STAND BY HEAD OFFICERS. See Settlement in Sight at Date and WILl Carry on Work Railway Shops. Union men at the Havelock shops said Saturday morning that union men there are at work; that they have sa far paid no attention to orders to strike; that they are standing by the orders of grand lodge officers who see a epeedy settlement of wage troubles.

ahead. "Indications are now," said J. S. "that there will be no strike at Havelock." Mr. Worsham 'is chair man of the Havelock and Lincoln Local Federation of the C.

B. Q. tederated trades. Burlington shopmen have been thoroly organized ever since January 1918. The following bulletin, signed by B.

M- Jewell, acting president railroad SATURDAY, AUGUST mayors of Lincoln and Havelock, and dally papers. 8. WORSHAM, Chairman." RAIN SAVED CORN CROP One and Ten Hundredths Inches Falls Otty: First Month. ties to the end that the people of this state may be given the rellet above prayed for, and be it further, "Resolved, That a copy of this be sent to the governor, attorney General, FALLS CITY, Aug. rain of 1.10 hundredths inches which farmers say saved the corn crop for them, fell Thursday.

The ground was getting hard and dry and following the period of hot weather the leaves were beginning to curl. It was the first sain in a month. REFUSED $800 AN ACRE Owner of Righty-Aore Farm Refuses Price That is Record Near Fremont. FREMONT, Aug. 2- -A boniAide offer of $500 an acre for her farm of eighty acres was turned down by Mrs.

Anna Brown of Nickerson. Land has been selling at $450 an acre near Nickerson, but none has changed hands at $500. 2, 1919. TEN SENATE'S LAST ACT CENSURES HASTINGS DEAN OF LAW COLLEGE SUBJECT OF DISCUSSION. Regents of University Commended for Stand Taken in Salt to Test Legality of Language Law.

Notwithsanding the fact that Dean W. G. Hastings of the university college of law is permitted to engage in the general practice of law, he was censured by the state senate for accepting employment as an attorney in suit filed to test the constitutionalIty of the language law passed by the last legislature. Because he withdrew from the case at the request of the regents of the university; the regents received the commendation 'of the senate. By a vote of 14 to 9 the seante adopted a resolution offered by Reed of Hamilton, Johnson of Adams, Si- CITY PROBLEMS 1910: By John T.

McCutcheon.) MORONS AT LARGE They will be personally interested in the fate of Fitagerald. The color line has reached the north. LEND HAND AN LIFT LIKE HOLT, EVER' THING. THERE PUBLIC FARES' Settling the car erlala. employes department at Washington, and posted on order of Walker D.

Hines, was placed in all Burlington shops Friday: "International Officers and National Agreement Federated Trades have been in conference with director general since July twenty eight on question national and wage increases. We are now assured by Director general that the railroad administration will sign national agreement. An earnest effort is now being made by the director general to give me definite information at earliest possible moment as oposition of raflroad administration regarding wage matters. "The successful termination of our efforts depends upon the united support of all men involved. There must be no stoppage of work during the negotiations.

We will advise you 88 soon as we are in possesion of further definite information. By order national agreement committee." Would Punish Profiteera, While, demanding railroad greater men elsewhere or action are wages against profiteers, the Havelock and Lincoln federation is also active. At a largely attended meeting held at Havelock Friday evening the following resolutions dealing with the problem of profiteering was passed: "Whereas, The people of every municipality everystate of the union, not exempting the people of the farms, either owners or tenanta, ape suffering under the unfair and unjust profiteers in the necessities of life; in taot every thing which enters into the every day lite of a community, and "Wherena, The unjust and inflated prices placed upon the needs of the people of Nebraska by those who seek to capitalise the wants and needs of our people la such that rollet is necossary, and "Whereas, If governments, either national, state or muniorpal la to perthe fanotions for which they are created, must tale stope at once to curb the greed of those who are growing Block and tat in purse, upon the wants and needs of our people who are overburdened with in financial maters brought about by reason of recent international activities, Therefore be it "Resolved, That the delegates of this body demand and insist that "It there Are no law or the legislature be called in extraordinary session for the purpose of passing laws which will curb the unjust evaction of the profteers of this stato, and "Resolved, That we demand insist that the state officers and officers of the of this state make use of laws and opportuni- PAGES THE WEATHER For Lincoln and Vieinity; Partly cloudy and warmer tonight and Sunday, For Nebraska: Partly cloudy tonight and Sunday, probably unsettled west central portions; warmer east portion tonight and southeast portion Sunday. gested that if rules wwere suspended the resolution could be regularly considered. insisted that reconsideration approval of the minCronin, utes of the morning's proceedings was necessary.

"It 1s unfair and unmanly, and I do not care who the man is," said Cronin. The chair sustained the point of order raised by Saunders and that a motion to adjourn was before the house. "As there 18 considerable trouble over this I am willing to withdraw the resolution," said Reed. not willing to withdraw it," said Ainlay. "The law passed leet winter WAS for the purpose of Amertcanization and I resent very much the action of the dean of the college of law accepting a retainer to prevent that law going into move a reconsideration of the whereby effection the minutes were approved as pre pared." "If that is done I will raise the point of order that resolutions must lie over one day," announced Cronin.

"I am not pleading for Dean Hastings, believe he did wrong, and some university professors who here cordle lobbying for bills. I object not to the censure, but to the manner in which It is proposed." "I regret this resolution was not oftered sooner," said Ainlay, "but it is better late than never." the motion to reconsider the adoption of the senate journal as prepared by the secretary carried. Reed moved the adoption of the resolution cronin contended that it must lie over one day under the senate rules, that action would be unfair to the senators and to the men attacked. Ainlay then moved a suspension of the rules. which carried by a vote of 14 to 9.

Cronin contented that a two third majority was required. LieutenGovernor Barrows pointed to rule 59 which says a majority voting on the the question may suspend the rules. "The rules are made by a majority of the members of the senate, or seventeen," said Cronin, "yet a minority (Continued on Page Two.) HOUSE UNANIMOUS IN ITS APPROVAL NINETY-FOUR MEMBERS VOTE FOR SUFFRAGE HATIFICATION. Cheers and Loud Notses Greet Signof Joint Resolution Favoring Constitutional Amendment. By the unanimous vote, all of the ninety members present registering aproval upon the joint resolution ratifying the amendment to the national constitution which forbids congress or any of the states from abridging the rights of suffrage on acount of sex.

Several of the members tok the opportunity of saying it was the proudest mometn of their respective lives. Noreen of Platte, the only member who confessed hat personally he is not in favor of suffrage for women, said that he would vote to maice it unanimous in view of the overwhelm ing sentiment in the house in Its favor. Allen of Gage, who was a member of the 1913 sesion and who helped kill the bill then before the house, WAS first member to rise. He said that at that time his vote was hissed by the women who filled galeries and banked the floor, while the men in the wire entaglements of the lobby applauded. He said things had changed since then and have people and in view of what the women have done for the nation he would vote ays this time.

Berka of Douglas said that true happinees consisted of being and doing god. He knew of no greater or grander hapinerr than that of extending to others the same rights as he himself enjoyed, and he was supremely happy to extend the right of suffrage to the women of the land. Hardin and Harlin said that he had supported suffrage Inthe 1913 session, and he was now voting yes for the third and he hoped the last time. Howard of Douglas said it was universally known that he was the champion of women, and he thought essential that a living wage for a scrubwoman was as essential as the vote, the profiteers notwithstanding. Tribute to His Mother Jenison of Clay asembled a number of reasons for granting women the bal lot.

Opposition was based on the stone age idea of possession. He ended by saying that he was for suffrage because he wanted to met the woman he had met at the altar and whom he had sworn to suport, love and reverence, on the same level under the law and give her the same elgal recognition he claims for himself. He said he was glad to vote for the resolution 88 8 tribute to another woman, the one at whose knee he had learned the principles of truth, justice and right. eJnkins said he would just aye with out any apology. And everybody laughed.

Noreen said he had submitted the question to his constituents. They had been about 50-50. He was not himself in sympathy, with suffrage, but the sentiment the house was overwhelmingly for it and he desired to be with the majority. Steele said he was grateful for the opoprtunity to vote on 80 great and important a question as this. Sturdevant said it was the proudest moment of hts life.

He had been born with the idea that women were the equal of men in every sense and he wou dihate to obliged to live with a woman he did not think was his equal. 1. He thought the women who had fought for their rights since the declaration of indepndence were entitled to an apolgy for having to fight (Continued on Page Two.) TWO CENTS the not sought to be referred to the people, must be attached to the petittions when circulaed and the decision of the court in both cases was made to turn upon the question, whether or not there had been compliance. Copy Must be Attached. Eliminating from said section 2337 those provisions which expressly relate to initiative petitions, and other matters not pertinent to the point here involved, the sectiop, as it relates to referendum pettions, may be abridged as follows: "Referendum petitions shalt be attached to a full and correct copy of the measure on which the referendum is sought When any referendum petition shall be offered for fling, the secretary of state, in the presence of the governor and the person offering the same for fling, shall detach the sheets containing the eignatures and affidavit and cause them all to be attached to one or more printed copies of the measure 90 proposed by initiatire petitions, or the, act or part of an act against which referendum petitions are fled The detached copies of such measure shall be delivered to the person offering the same for "Relators, in subetance, contend that since their petitions are the form prescribed by Section 2335, they are sufficient and that Section 2337 only deals with atter of fling with the Secretary of State and has no application.

It seems to me, however, that this contention cannot be sustained without ignoring the very clear and express language of section 1337 above quoted. "It will not do to say that it is sufficient it the copies are attached when presented to the secretary the state for fling, for then the ceremony of detaching in the presence of the governor and the party presenting the Detitions for filing and returning "the de tached copies of such measure" to the party, be offering worse the than same meaningless. for fling, To attach copies merely to be handed to the secretary of state who, after calling in the governor to witness the ceremony immediately detaches and returns the detached copies to the party bringing them in, would be a proceeding so seemless and uterly without purpose, that I cannot believe that the (Continued on page two.) DEMAND FOR RELIEF FROM TRADE PIRACY C. W. BRAYAN ASKS THE PEOPLE TO URGE LAW ACTION.

Says Opponents of Organised Greed Won a Tremendou Victory in the Houge Which Should Be Followed Up. Charles W. Bryan in a statement given out at 1 10'clock Saturday, after the house had adjourned and while the senate was in the act of ending the special session, called on the people to demand that the legislature "stay in the city until they give the people relief from organized piracy." The former mayor points out what 1 is being done in other states and suggests the remedies that will quiet the unrest. The sugestions Mr. Bryan makes provide for restoring competition and for publicity and presecution of manufacturers, middlemen, and dealers who are taking advantage of the public.

Mr. Bryan's statement follows: "The opponents of organized greed won a tremendous victory when the Nebraska house of representatives, 1 by a substantial majority, requested the governor to Imediately call a special sesion to permit them to take action to protect the people against the profiteer. The action of the legislature is veldence that they know that the public is being mulcted, and that they know that it is the duty of the lature to take action to protect them. "The federal government is being beselged for relief and is undertaking to do its part. The states of California, Massachusetts, Ohio and others Are taking prompt action to throttle the local profiteer, and every state and every mumolpality should imedlately take action to co-operate with the federal authorittes in striking at the crime of marking up the prices on the necessaries of life.

"The action of the federal government in selling war supplies direct to the people will help as far as it goes, but that only gives relief on a limited number of articles to a limited number of people and only for a very limited time. That, however, does not stop the cause of the trouble or proBecute offerings. does, however, point the way that the varlous states and municipalities can co-operate in a manner that 18 broad enough to meet the conditions and give rellef, "To answer the many Inquires I have received as to what speciflo and Immediate action can be taken by the governor and members of the legislatrue, I would outline several remedies, all of which are elther in effect or being put into effect by states and municipalities of this country, These sug gestions follow: "First--The legislature should enact a law requiring all dealers in toode, feeds, fuels, and All other necessaries of life, to take out a state license, and provide that the license should be cancelled and the dealer compelled to discontinue business whenever found to be dealing unfairly with the public by what is known as profiteering, or charging more than A reasonable profit. "This is the plan suggested by the Joint committee of the California legislature appointod at their present 808- sion of their legislature for pur pose of investigating the high cost of living and profiteering. "8econd-A state trade commission should immodiately be provided for by the legislature, composed of three members appointed by the governor with the ndvice and consent of the legislature.

The duties of this commission would be to Inquire Into all (Continued on Page Two.) PRICE REDUCTION IS MATTER OF IMPORT CONGRESS FORCED TO CONSIDER HIGH PRICES. President Predicta Quick ActionLeaders of Both Houses Devis. Ing Plans to Satisfy Demands of Country. WASHINGTON, Aug. the cost of living problem holding the interest of the nation almost exclusively today, both congress and the executive arm of the government were seeking a solution.

The developments were: Heads of three of the great railway brotherhoods condemned the plan of putting up to congress their demands for increased wages or reduction in the cost of living. All declared the delay entailed by this plan might mean a strike. Attorney General Palmer and a committee of high government officials were drawing up a program which will probably form the basis for recommendations which the president has has promised within 8 fortnight. Attention of the senate has been switched from the treaty and the house, which planned a recess, will stay in session while leaders are working out plane for adjustment of wages in relation to living costa. Miss Jessie, R.

Haver, legislative agent of the national consumers league, demanded that the packers release food in storage. George P. Hampton, director of the farmers national council, advocated passage of the Kenyon bill to regulate the packers. Meanwhile, demands of the railroad employes, which hold the prospect of a possible rate increase, again stimulated talk of government ownership of railroads which congressional leaders believed a dead lesne. May Affect Treaty Fight.

WASHINGTON, Aug. 3-By L. C. Martin- Congress has been hauled up short by unrest thruout the country over the high cost of living. Not only has the house's five weeks recess been called off but the league of nations fight in the senate may be affected before long, senators said today, Ladrs of both houses today were concerned with devising some plan whereby the insistent dmand from the whole country for an adjustment of wages into proper relation to the cost of living may be worked out, they said.

House and senate leaders were to confer in an effort to lay the foundafor action which will meet not only the railroad men's problem, but a the broader one which affects all workers. Unless this is done, the country is "going to smash," Senator Cummins, Iowa, chairman of the senate interstate commerce committee said today. "We must give assurances to the workers," said Cummins today, "that equitable relation will be established between the cost of living and wages. We must do that immediately. Unless we do, the country is going to smash.

"I belieye the time has come when the government must fir the wages of railroad workers, whether it retaine control of the lines or not. am ready to vote for such action. But the government should have the power to raise wages to meet the living cost or to bring the living cost down to the wage level." Wilson Expects Quick Action. With nationwide protests against the high cost of living pouring into thecapitol, interest centered today in the president's statement that he excepted recomemndations to be made within a fortnight. It was generally asumed these recommendations would originate with a committee consisting of federal trade commissioner Colver, Rail director Hines and Asistant Secretary to the Treasurer Leffingwell, who have been appointed into shape recommendations officers and other high officials, Monday and on cabinet They expect to complete, thir task bers and others who met with Attorney eGneral Palmer, will meet again to hear the report and attempt to sift out some plan to bring down prices.

A varlety of sugestions for federal action been advanced--reduction of money in circulation, contraction credit, cheaper wheat, liensing of dealers and limitation of profits. Palmer says an effort will be made to curb profiteering with laws now on the statute books and that a request for new powers from congress may be made. Officials point out that the United Sttaes 18 still in a technical state of war and, that laws passed to might still be employed. While the various government endeavors to bring down high prices have been brought to a focus by demands of the railroad men, the president has had wholesale complaints from other sources. Both the president and Hines have shown they consider he railroad and cost of living problem as one uestion.

NEGROES SET FIRE TO CHICAGO HOMES RACE HATRED INSPIRED ACTION 'IT IS BELIEVED. Flames Destroy Seventy-five Houses of Foreigners Who Lived 1n Stockyards District- -Burns for Three Hours. CHICAGO, Aug. Seventy-five houses, most of them homes of Mexicans, Littruanians and other foreigners employed at the stockyards, were destroyed by fire here today which raged for three hours before firemen announced it under control. he houses were of th cheaper tenement grade, built of wood, and were quickly consumed.

Police declared five negroes were responsible for the fires. They were seen running away from the neighborhood soon after the Are alarm was sounded, it was alleged, Feeling between tho races, growing out of killing and beating severni negroes at the stockyards, was blamed for the new ow break. Five persons at first announced missing have been accounted for, poHoe said, You Have Plenty of Time to Get Your Want Ad in the big Sunday Journal PHONE B3333 Want Ad Service Up to 10 o'clock Tonight, man of Wayne and Ainlay of Nance. It was strongly opposed and denounced by Cronin of Holt As unfair to the senators and to the dean of the university law colleg because it was offered at the closing minutes of a five days extra session of the senate. Cornin used every objection possible under the rules to defeat action, including point of order that the rules require resolutions to lie over one after being presented, but a mapority of those present were able to suspend the rules and adopt the resolution.

Resolution of Censure. The resolution was offered by Reed of Hamliton at the close of the five days session, when a motion of adjourn was pending. It was presented to the senate in this form: "Whereas, Dean Hastings of the college of Nebraska accepted employment as attorney in the effort to defeat the language law enacted at the last regular session the legislature and afterward withdrey from the case at the request of the board of regents of university, resolved, by the Nebraska state senate that we commend the board of regents for their stand In this matter, and censure Dean Hastings for accepting the employment in the first The vote on the adoption of the resolution resulted: Aye: Ainlay, Brooks, Bradstreet, Cooper, Chappell, Good, Hammond, Harriss, Hall, Houston, Johnson, Reed, Siman, Swanson-14. Nay: Bushee, Cronin, Neal, Randall, Robbina, Sears, Saunders, Weston, Watson-9. Absent or not voting: Barr, Cordeal, Erickson, Hoagland, Peterson, Sturm, Tanner, Taylor, Warner, Weaverling10.

Cronin Says It la Unfair. "I protest against this resolution being said Cronin of Holt, immediately after it was presented. time to present It was late Tuesday when this senate convened and not now at the last minute of this five days session and halt an hour after time set for adjourment of this body, I do not know Dean Hastings, but he is entitled to respectful consideration." Saunders of Douglas raised the point of order that the senate had just approved the proceedings of the as prepared by the senate. Lieutenant Governor Barrows disregarded the point and put the resolution to a vote The result was a very few ayes and a few voices in the negative. Cronin than pressed the point of order raised by Saunders, Ainlay sug- MAYOR SMITH HAS A PLAN Suggests Chain of Municipal Grocery Stores to Supply Staple Foods to Omaha.

OMAHA, Aug. for a chain of municipal grocery stores where several staple articles of food will be sold to Omaha residents at cost were announced today by Mayor Ed. P. Smith. "This project is only the beginning of what I deem necessary to reduce the high cost of living," said the mayor.

The stores will be located in fire stations and a municipal market in thecity auditorium. Other commissioners expressed their approval of the plan which will probably be adopted by the city council 8000, as a means of reducing the high cost of living..