Lincoln Journal Star from Lincoln, Nebraska • Page 4

TWO ETKNfXO STATE JOURNAL, SATURDAY, AUGUST -2, ii. CODE REERENDUM IS HELDTOBEIMYALED (Continued frxxn One) legislature could poslbly hare had it in contemplation. I think It more reasonable to suppose that the legislature ta the use of the language I have quoted, had some useful purpose In mind, and it seems to me i ha- to- require the full test of the law to accompany each petition when presented to electors for signature would serve a very good purpose in guarantee 1 ng intelligent action on the part of the signer and would constitute a more or less effective safeguard against fraud. This to my nflnd, is especially important In the case of a referendum petition the fona of which, a pWBcrlbed by section 2325, only requires the title, of the measure to be set oat ii the petition, because, unless the complete act attached the signer would only hare the title to guide him as to what the lav sought to be referred Is. Giving the language af said section 2387 what I conceive to be its Calr TUfuntnr I cm constrained to hott that tt tho-intentton at the legiabtica, in the passage of said section referendum petitions to be "attached to a full and correct copy of the measure" on which the referendum is demanded.

"Bat does it follow that since these petitions are defective in this particular that they are. therefore. Ineffectual as a basis for putting in motion the machinery of the law governing the submiaton of legislation to a popular voteT The answer depends upon whether or not the provision of said section of the statute which provides that such petitions shall be atached to a copy of the act in mandatory ar directory. Binding are binding to tne constitutional amendment providing for the Inittatire and Is self-ex- ecatinr according to its express term. Section ID Art.

HI provides, among other tttngH, as folio we: This amendment shall be self-executing, bat legislation may be enacted specifically to facilitate Its operation. "If petitions are to be rejected it is not because they fafl to oome op to any standard expressly Mt up in the eonstltndon. but because they fafl to comply with a pro- vlsion of referendum rtatnte adopted under ezgieas conatitutianal sotnorfty. The constitutional pxovia- ion relating to the initiative and referendum, being: ceXC-execotiag. could be and a referaJmn had.

under its without any statutory atxflurftn if tfae legialatare had failed to enact epede utaintocy the procadura. But the omMtttnliop gave the legislature authority to legislation, sepcifio- aUy to the operation of the constitnttonfil provision, Thia right the legtalatare liae execdBed in enacting the statutory proriofcm. now tinder contddexatton, "A vaBd atatnto patsaed by the lav- making body of state under authority conferred by the state constitution la as hfrMihig Tipon the cttixemi and ibet eoorte of. the oon- Btltuaon ItaeU; and la to- bo interp reted by came rules. If' the requirement of section 23)7 as to attaching of a copy of the meoraro in question to the refapondtrai petition was Intended by the legislature to be an Indlajtaoatble piereqidfilte to a valid petition Qvm it is as mandatory as if the prorlaifin were foond in the constlUrtion itself.

"The case of VB. Benson, (Ore.) 677, lavs down the rule, aad in nupport ttw tho of) fll porvislqaf isativo to Initiative and reCeraodom lav are of form, are mandatory? And Is cot requirement that a complete copy of tho measure bo attached more than a i a i of form 9 Suptoso the peti- wero not by the requisite number, or affidavits were want Or Mippo'-e were not pre' -enipd foi i i i i the time prp- stnbed" uld It that thev were matters of form, and were not fatal to the petition "No doubt a complance this statute will, in some Instances, be burdensome but unleea It were so burdensome as to render the referendum law practically unworkable this would afford no reason tor excusing parties from a substantial compliance, with it "The wisdom of tho statutory requirement is for the legislature and not for the court to determine It is for the court to take the law aa It It Is given by the legislature, Interpret its moaning and administer It accordingly until the legifalature sees fit to alter or repeal it. Nor Is the court concerned with the wisdom, merits or demerits of the administrative code bill against which this attempted referendum is directed. It was enacted by the legislature of this state and signed by the governor and if electors wish to submit It to a popular vote they must proceed to Invoke the referendum low substantially according to ts provisions This the relators have ailed to do. "The peremptory writ of mandamus will be denied." HOUSE UNANIMOUS IN ITSJPPROVAL (Continued from Page One) long.

He esteemed it a great and ofty privilege to vote Tracewell sal dhe waa going to vote for the resolution altho it was certain! create dissension In his home, hls. rief being a democrat, but he had oted for it ovry time he got a chance nd this was also the proudest moment of his life. WUdman dropped into poetry the of which was that it was granting just right long pjst duo and that he idn't think because men wore pants nstead of a skirt that made them any more expert, Wlndham ing, jBtCd The legialatitre baa the power to (be enfofcemcnt of the pcortalon thai Is exeonttag and mon hnra vill be obli gatorjr. Jong Utey do not curtail the reserved, or exceed the limitations ff therein." The of State va, Hanna deals pnmiston aC the Worth Dakota constitution, bat I think the following quotatSoB from Quo syllabus in that id etfiolSjr applicable in dealing vtCh a alatitto passed tmder express tho constitution: "Aa vedemnduin eets aside or BUS pende Cbe vfll of the people as ex- ynmnA by legislature act, petitions for a wfasjeaillnTO. ehoold be rwjnlred to flonoty atrlflfly with the mandatory ooturtlfsinnpal provisions -wider which nCefWtdm is authorized.

To re- ontee ia the equivalent of amending said outmtHuHonRl provisions by i flat, wtt to be direMct in oonatttadtm Itself." i to Mandatory. beHave- that a psotdsion BO clear fund pointed as the'one under cotutdaratlaiv and having for its un doubted object the fcnrvention of frauc and, tnpoattioo. can be considered as anything teM tban mandatory, I cannot beftero that a petition for a re- facndont which, did not have attached to It Whan presented to the voters for rffttrtyr? a copy of the act which bo referndom IB sought can be wt a valid petition. "Apetftkm if amnetimes required to cosier jgtfcMUotton on officers to cal an etoettan a purpose, and vfaen ia the case the power to order election la dependent upon the ipaMutatim of each a petition as Is reqniced by it being a con -dltion DPBeeAent to the exercise of tho particular authority conferred upon them." "Not only this statute roquln thai tbeae petitions shall be attached to a full copy of the law but the mat ter VM considered of such Importance that the lav makes It the duty of the secretary fstate to call in the governor and, in his presence and in the presence of the person presenting the petition! for the filling, to detach the Burpltu copies "of the measure" and attach the sheets containing the sign- aturea and affidavits to one or more eopies of the act, for convenience in binding, and to return "the detached copies of the measure to the party pretesting the aamo filing." Can a provision of each seeming importance be ignored aa merely directory, to be followed or not according to the pleasure of the secretary of state or of parsons circulating referendum petitions? It certainly seems to me that this provision of the lav -is highly mandatory and that a substantial compliance with it IB essential to a valid referendum Utitlon, Matters of the form are de- ciareu to directory by section 2,338 of the statute If there has been a substantial compliance. Does not said that thirty-eight 'ears ago he was a member and supported two important measures, prohibition and suffrage.

He was glad now the opoprtunity to support both of hem again. He was proud to have to see the day and be a member the hour when the crown of victory was benig bestowed on both causes. A little later the speaker gave otice that lie was about to sign the bill, it having already been enrolled anticipation of the event As he and for half a minute after- the house the others pres- jat expressed joy over the event slamming desk lids, tapping the with their feet, hammering on ess, cheering', yelling and dapping hands. And Just at the moment the un, which had bean lurking behind ihe clouds thrust a ray of the brightest sunshine Into the house chamber. Thanked by State President.

A motion to adjourn sine die was laid in aJbeyanve while Mrs. W. E. Barkley, late state president of the state suffrage aaaociatlon and in charge of the legislative work, addressed the house. She recited a part of an ode to democracy.

She said the house had the thanks of every suffragist In the state, and the women of Nebraska were glad to have the op per- unity to express their apreclatlon of ha act which placed Nebraska on record aa one of the necessary states to ratify the enfrachlaecaent of all women of the United estates. As representative of the association she desired to thank them for their absolute, splendid courtesy, co-operation and respect shown. It might not seem necessary to do this, as it was to have been expected, but it was so full-hearted and splendid that i tahenld not BO un- recognixed. She thought is simply a forewarning- of the help and comradeship that would come when all were equal citizens in all respects She desired to have the members who migltt go to the conBtltutionul convention that the women desired to see the document produced na quall- Ication of sex. The women desired this because the ywanted the ballot thru the special act of the men of their own state and not owe ail to the men of thd nation.

Mrs. Barkley said that no greater happiness can come to a human toeing that to espouse a great cauao and be allied in the work that brought eon- taact with the splendid men and women who love it. Some wag sent up s. resolution presumptively signed by all male candidate for office Jn the future directing the 1 eglslative reference bureau to prepare for an advertising campaign with the slogan, "Vote for men." Thus Nebraska became the thirteenth state in the union to ratify suffrage unless Montana, where one house did so Thursday, beat hfr to it, the hour hi Nebraska being 9 57: SUPERVISE BMCH ATTIRE DEMAP FOR RELIEF FROM TRADE PIRACY (Continued from Pago One) houses, municipal coal municipal produce stores relating to 'he of all com- ind conditions affecting the prices of 'he necessaries of life, Including food, fuel. Ice, clothing, and Mich other commodities as the com- bee fit to investigate.

The commission should inquire inito all matters relating to cost and production, wholesale and retail prices, and th- methods pursued In the conduct of the business of any person, persone, linns or corporations engaged la the pi eduction, or sale of said commodities, or of any business which relates to or affects the same. The commission should be given power to summon witnesses in the same rrsann-er that summons are Issued In crknlnal ca.ses, etc Funds should be provided for the use of the commission, and the resuJJt of the commission's investigation should be promptly given to the public and a full re port furnished to the governor and legislature The state commission should have powers similar to the federal trade commission, so as to supplement the work of national body. A commission this kind has created within the pabt few days by the legislature of Massachusetts at a special session at which th'e governor recommended to the legislature that it take immediate action for creating a commission of this kind, as an emergency existed and that immediate relief -was necessary to stop profiteering and reduce the' cost of living 1 will be glad to furnifah a copy of the brief and effective Massachusetts bill to the Nebraska legislature Third--The state legislature should pass an aot immediately authorizing, ay a general law, all municipalities of he state to create local trade commissions with powers to invetlgBate and summon witnesses, and provide hinde for its use, said local commission to th-e work of the state and federal trade commiaeions. Fourth--The legislature should pass a general la wamending the charters of'lll municipalities In the state authorizing them to establish ards, and wid anthor- ze all "municipalities to provide funds tor the same. 'Some of the municipalities have authority now to do their charters.

Some municipal officials would be opposed to amending local charters and Jie profiteer would object, but the can avoid delay and expense, and avoid local contests, by pqslng a general law authorizing the establishment of municipal business when necessary to protect the people. If this privilege is given to munlcdnalUies the people will com- action by their munlolpau officials they would recall them. The establishment of municipal produce stores similar to New York, and doing by Deling suplleu direct to the 'pu'bllo by pajpcel post, will break the combinations in foodstuffs that is raising the cost of living to A prohibitive price, and Is the oklef cause of creating the unrest which toro-anadows serious trouble if conditions ore not remedied. The legislature should, before it adjournea, pass a resolution directing proced under the Junkln aot to prosecute All jDonspimdes in restraint of trade, "The action of the legislature In asking for a special sesion in evidence that the profiteers do the present house of representatives. 'An analysis of the four remedies either now 111 effect or being put into effect--will convince any unprejudiced mind that they will give Imediate relief, 'It is not lack of effective remedies but a lack of opoi tunity to enact them into laws that the people need.

The house of representatives has done its part in anting lor a special session. The governor cannot afford to protect the unscrupulous profiteers that are now menacing tho safety ot our country by preventing the legislature from getting an effective whack at them The people should immediately make their wishes known to the governor and legislature. All people who feel the effects of the unconscionable pro nt3er should immediately telephone or wjre the governor and their mem'hers of the legislature and demand In im mediate session to deal with the profit eer, and that etlecttve action be taken to curb the greed of those who are profiteering out of the sacrifices of the public. "Will the state governmental machinery be used to protect people or the profiteers on Twelfth etreet. He left Thursday morning for California.

Arno C. Franzke -sold his residence to VV J. Carson this week. Sarah Quantock has retained from a three weeks' vacation in Mlf sourl. Mrs.

A. Smiley la having her home i emodeled. A bull game Wednesday night between the north and sooth resulted ta a victory for the 17 to 1 James Schee has his residence to Prof. D. D.

Reese. The board of managers for the Nebraska sanitarium met Friday to make plans for the future. Dr. Ben Nlchol of Attleboro, has been selected! as superintendent D. Bnalow is spending his vacation at Alexandra, Minn.

He expects to return Monday. The school garden ctab, under the direction of Prof. M. Robinsen, a picnic Tuesday afternoon on college campus. Bids for the new high echod Ing, which College View will erect shortly, will be opened Monday.

The Boy Pals organization, hy Prof. Robinson, went on a long hike Thursday. F. Cornell of Ottawa, Kas, to visiting sister, Misa Mettfe Cornell. J.

S. James haa jnst returned a trip to Missouri. Miss Sidney Bacchus of "Wichita as- rived, Friday and) win work at Union college until school starts. E. Undewreod has from a business trip to Boulder, Cola SENATE'S LAST ACT CENSURESHA5TINGS (Con-tinned from Page One) BERI1N IS MOT ALARMED BBR1ZN, Aug.

to taking ettfcea yftaloaophteaDr and good nOanxBy Germany eaaUy. She been undergoing of strikes ot ktadt. aad merely taking than "all in a Pifttaotety dlataft for Bertte has been the trotter, etovated and aofavay strike. Bat Berttn didnt lose Ha temper over it It merely walked, to vortr. a Tito on Ituiauftaod eany- aad dldat tfca Mftk except mildly.

tor -rtoleace, tbere vas aoaa ex- eept In a few iaolatod cases vftere carmm were peiaonaBy stnage part the fact that tho the abased. ment could uodoubtadly hare resorted to Amarican expedlaat of may break the roles; something must have been slipped over when those rules were adopted." Reed again moved the adoption, of the resolution, Sears Against Resolution. Sears of Douglas, an attorney himself, said the senate ahouW. not determine this matter of the resctaWon In the heat of feeling (but in of reason. He reminded the senate that Dean is hi the general practice of law, that his act was asa Jaw- yer, not as dean of the unlveiaHy coV lege of law.

Having made tine mistake he ddd he was called to account by the regents and acknowledged his mistake -to it would be taking unfair advantage on this abort notice, for aa a matter of fact tho matter had been tried and the dean had been convicted. "Let us not now show our resentment against his action in accepting a retainer to test the constitutionality of an ac we (passed," said' Sears. "Enough, has been done, he has retracted and hla regret IB no doubt keen. Let us not put Uds resolution in our minutes." The motion to adrvnt the resolution carried by a bote of 14 to 9. The minutes of the day's session were then adopted on motion ot Stman.

The senate had previously paid Its last respects to H. E. Nos. 1 and 2, the 'bills apporprlating pay for members and employes of the special session. There being no more business to attend to the long pending motion to adjourn was put and carried.

The senate chamber was then olenrod and was later taken possession of by Dr. Condra who took moving pictures of Governor McKelvie signing the suffrage ratification MEL The governor was surrounded by Mrs. Barkley and other suffragists, and as he signed the bill the camera was opened and the result was recorded on a film which will be shown and later deposited in the vaults of the state historical society. The official hour set for adjournment of both houses was 10 o'clock, but the senate did not adjourn until after 11. that othernuireTB, apt adt City Claims Subnormal Afected By IndUcreet Batbiujr CHICAGO, 111., August 2 (Leased Wire Service) After investigating rules in force at bathing beachee all over the United States, the city morals commission has made a report at the request of the committee on small parka and play grounds.

The report makes reference to "the recently em-phaslited activities of moral subnormals and condemns the street of women who persist in wearing immodest clothing, The most careful supervision of the beaches 18 recommended because of the danger that indiscreet beach attire may have upon morals and feeble minded persons withvlcious tendencies. Normal minds are not distorted by the beach dress of women, the report states, but scanty attire is liable to have a bad effect thru suggestion when displayed before subnormals. ELECTRIC IKON STARTS FIRE Which Sllichtly Home of Prof. H. Mnxoj of College lew.

Fire, which started from an overheated electric iron, Thursday afternoon, slightly damaged home of Prof Bdwln Maxey of College View Mra Maxey left the Iron on the board aud went from the room. When she returned a few minutes later the board was In flames and before tho College View fire de.pari.ment arrived they had spread to the floor aad wall Charles Meeker, state flre in spector, made tho rounds of the Col lege View business houses during the week look ins for hazards. He stated that conTplalnts had ccnie to him that wore careless about tho accumulation of paper and rags and he baa given orders thtit such flre causes be Mrs Pnebles has returned from a trip thru Michigan John Schmidt has sold his property EXPECT PRESIDENT'S TO Krlendu of Daylig-Iit Sa.vln«r» Confident Wilson Will AsriUn Refuse to Repeal WASHINGTON, Aug. of daylight saving were confident today that President Wilson will again veto the repeal act passed by congress. The senate late yesfcerdiay, by a vote of 41 to 12, approved the bill the house passed, abolishing the dayfigM saving plan October 26.

If the president does veto this biH, and another repeal attempt Is made, a parliamentary battle Is In prosipect, Davlight saving- friends wHlr aise the point of order that the legislation has twice been they aald, hi an effort to prevent further agitation of the Question at this session. SELLS LIFET BUSINESS i. H. BLranse 'Went In Shop Point for Thtrty- POTNT, Nehs Aug. J.

H. baa sold the harness business he owned for thirty-five years to H. CroHlc Son of Lyons, who have leased the building which houses norlod of ten years. He floture For The Best In Corn Flakes, teask the grocer for POST TDASTIES Cleveland Rug Carpet Cleaning Co. B4307 PARKER'S HAIR JBAL9AM A toilet pramUoa ft BMrth Holpc to dKdzvO.

Cleanse thoroughly-reduce inflammation by cold wet compresses--apply lightly, without friction-- VICR'S VAP01 "YOUR CAPUDINE I I NO ACETANIJ.4QC A A Also, CRIPP and TrUI MottU IB onfor to ean, tnte vas aot attomptod to got to Its vorfc aad play as bast It conkl, ur itay home. The rmtt UM that ttoooamdi dM MMT non for sevwal days OMB they had ever undertaken for a period, with i lad aoor edly, vlifle the Hoge in, good ladders ware oarrted that anar- Chaln oouW go aboard or alight with only tttog that Mtmtd to Oenoaay at aU in tho rikiw vae tho fact that tho railroad ooblM threatened tor a time to he seriout to hamper badly the txaMportattoa of foed and ooaL fbia irotild hare deddedly ow. for Berlin ana. in taot, otter German eftkM are Btarallr nftog from hand to month, both aa regards coal aa4 food. A few oonpleto ttenp of the vomld tkm.

elarra- PREDICT 100 PERCERT CROP and tor the safety ef UM long-wnttaaed draath veatlMrvarc a layad Taoraday araninc whleh brought a heavy rain and a tower temperature. The corn In CUJQ- Inf oonnty never lokvd butter. Tba growth is luxuriant aad color and stand fine an dprospacta an acnr for a 109 per Threahloc ta in toll swing. Oats are yielding from 40 SO aa tat wheat to pooiv Many fields are being eat tor bay a some have eran baatt abaBdoaad. others are yielding only 7 to 8 bnehela, The potato crop, It Is estimated, will be a normal one.

Worth of Real Estate and Personal Property Sold entirely through advertising at a cost of $27.97 Read what a Journal advertiser has to say about results from her Want Ad advertising Use Journal Want Ads for Results Phone B3333 Evening and Sunday a paper a day 35c a month Morning, Evening and Sunday papers Thirteen a-week for 20c.