"WHEREAS
There are certain members of this joint convention in doubt
as to the constitutionality of our procedure, without the
signature of the de facto governor and lieutenant governor of
the state to the joint resolution by which we are convened,
and
"WHEREAS,
There is a general desire among such members to have the
construction of the honorable supreme court upon the matter,
therefore, be it
"Resolved,
That the speaker of the house appoint a committee of three to
wait upon the honorable judges of the supreme court and ask
for an immediate opinion upon the following questions,
to-wit:
"To
the honorable the supreme court of the state of Nebraska:
"Be
it Resolved, By the senate and house of representatives of
the state of Nebraska, sitting at a joint convention under
section 4, article V of the constitution of said state, to
try certain contests for the executive offices named in
section 1, article V of the constitution, as follows:
"WHEREAS,
A question has arisen as to the constitutional right of this
joint convention to proceed with the trial of certain
contests for the several executive offices named in section
1, article V of the constitution of Nebraska, without the
joint or concurrent resolution therefor being first signed by
the governor of the state, therefore be it
"Resolved,
That the opinion of the supreme court of the state of
Nebraska be and the same is hereby asked upon the following
questions:
"First--Where
a contest is pending before this joint convention, convened
in the manner and for the purpose aforesaid, for the office
of governor of the state of Nebraska, and the contestee
therefor is the acting or de facto governor of the state, is
it necessary to the constitutionality or validity of the
resolution therefor named in section 77, chapter 28 of the
Compiled Statutes, that such resolution shall first be signed
or approved under section 15, article V, of the constitution
of this state by said acting or de facto governor?
"Second--If
such resolution should be presented to the acting or de facto
governor of this state, he at the time being a contestee for
the office of governor, which is to be determined by this
joint convention acting under said resolution and under the
constitution and the statutes, and he should withhold such
resolution or veto the same, would this joint convention,
notwithstanding that fact, by a majority vote, have the legal
power to proceed and determine said contest under such
resolution?
"Third--Where
the office of lieutenant governor is also being contested
before this joint convention, as provided by the constitution
and the statutes of the state, would it be necessary to the
legality of the proceeding of this joint convention that the
resolution for a joint convention to try the contested
election for said office at the same time that the contest
for the office of governor is to be tried, should be
presented to the acting or de facto lieutenant governor for
his signature, and, if the acting or de facto lieutenant
governor should withhold his signature from said resolution
or veto the same, would this joint convention,
notwithstanding that fact, have a right to proceed to try
said contests?
"Fourth--Where
all of the executive officers named in section 1, article V
of the constitution, are being contested, and the senate and
house of representatives have duly passed a concurrent or
joint resolution fixing the time and place for the trial of
said contests, as provided by the constitution and the
statutes, is it necessary to the validity of such resolution
or the proceedings in such contests that such resolution be
presented to either the acting or de facto governor, or de
facto lieutenant governor, each of whose offices are being
contested, and are mentioned and are embraced in said
resolution? We respectfully ask an early answer to these
questions.
"WHEREAS,
This joint convention is meeting by virtue of separate
motions fixing the time thereof, passed by the senate and
house of representatives, as well as by virtue of a
concurrent resolution; and
"WHEREAS,
Other questions may arise thereunder in the minds of many
members which may require the opinion of the honorable
supreme court; therefore, be it
"Resolved,
By this joint convention that copies of said motions and this
resolution be transmitted to said court, and, under said
motions the court be requested to answer the following
question, to-wit:
"Has
this joint convention the right to sit and determine the
various contests for executive state offices under said
motions, regardless of any provisions of a joint or
concurrent resolution?
"Attest:
C. H.
PIRTLE,
"Secretary
of the Senate.
"WHEREAS,
The house of representatives has been officially notified
that a contest for each of the several executive offices of
the state of Nebraska for the term commencing on the first
Thursday after the first Tuesday of January, 1891, is now
pending, wherein John H. Powers is contestant and James E.
Boyd is contestee for the office of governor of the state of
Nebraska; W. H. Dech is contestant and T. J. Majors is
contestee for the office of lieutenant governor of the state
of Nebraska; C. N. Mayberry is contestant and John C. Allen
is contestee for the office of secretary of state of the
state of Nebraska; John Batie is contestant and T. H. Benton
is contestee for the office of auditor of public accounts of
the state of Nebraska; J. V. Wolfe is contestant and J. E.
Hill is contestee for the office of treasurer of the state of
Nebraska; J. W. Edgerton is contestant and George H. Hastings
is contestee for the office of attorney general of the state
of Nebraska; W. F. Wright is contestant and A. R. Humphrey is
contestee for the office of commissioner of public lands and
buildings of the state of Nebraska; and A. d'Allemand is
contestant and A. K. Goudy is contestee for the office of
superintendent of public instruction of the state of
Nebraska; and that a large amount of testimony has been taken
in said several contests which is awaiting the consideration
of the senate and house of representatives in joint
convention; therefore, be it
"Resolved,
That Tuesday, the 20th day of January, 1891, at the hour of
10 o'clock A. M. is hereby fixed for a meeting of the
senate and house of representatives in joint convention to
hear and determine said several contests, with power to do
everything in the premises necessary to the full and final
determination thereof, and that the senate be asked to concur
in this resolution.
"S.
M. ELDER, Speaker.
"Attest:
ERIC JOHNSON,
"Chief
Clerk.
"In
senate, January 19, 1891, read the third time on separate
days and passed. C. H. PIRTLE, Secretary."
