Nebraska- - ■

CONSTITUTION

OF

NEBRASKA

Compiled and Distributed Under the Authority of
John M. Matzen, State Superintendent
of Public Instruction342, 782 /

N 2. 7 LIBRARY
11

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CONSTITUTION OF THE STATE OF NEBRASKA
of 1875,

AND SUBSEQUENT AMENDMENTS AS AMENDED
BY THE CONSTITUTIONAL CONVENTION
of 1919-20.

PREAMBLE. We, the people, grateful to Almighty God for our
freedom, do ordain and establish the following declaration of rights and
frame of government, as the Constitution of the State of Nebraska.

ARTICLE I.—BILL OF RIGHTS.

Section 1. All persons are by nature free and independent, and
have certain inherent and inalienable rights; among these are life,
Jiberty and the pursuit of happiness. To secure these rights, and the
protection of property, governments are instituted among people, deriv-
|ing their just powers from the consent of the governed.

Sec. 2. There shall be neither slavery nor involuntary servitude
lin this state, otherwise than for punishment of crime, whereof the party
|shall have been duly convicted.

Sec. 3. No person shall be deprived of life, liberty, or property,
[ without due process of law.

Sec. 4. All persons have a natural and indefeasible right to wor-
I ship Almighty God according to the dictates of their own consciences.
I No person shall be compelled to attend, erect or support any place of
I worship against his consent, and no preference shall be given by law
fto any religious society, nor shall any interference with the rights of
conscience be permitted. No religious test shall be required as a quali-
[fication for office, nor shall any person be incompetent to be a witness
Ion account of’ his religious belief; but nothing herein shall be construed
Fto dispense with oaths and affirmations. Religion, morality, and knowl-
1 edge, however, being essential to good government, it shall be the duty
of the Legislature to pass suitable laws to protect every religious de-
nomination in the peaceable enjoyment of its own mode of public wor-
ship, and to encourage schools and the means of instruction.

Sec. 5. Every person, may freely speak, write and publish on all
| subjects, being responsible for the abuse of that liberty, and in all trials
[ for libel, both civil and criminal, the truth when published with good
|motives, and for justifiable ends, shall be a sufficient defense.

Sec. 6. The right of trial by jury shall remain inviolate, but the
ILegislature may authorize trial by a jury of a less number than twelve4

THE CONSTITUTION OF

in courts inferior to the District Court, and may
ize a verdict in civil cases in any court by not
the jury.

by general law author-
less than five-sixths of

J

Sec. 7. The right of the people to be secure in their persons,
houses, papers, and effects against unreasonable searches and seizures
shall not be violated; and no warrant shall issue but upon probable
cause, supported by oath or affirmation, and particularly describing tlu*
place to be searched, and the person or thing to be seized.	^

Sec. 8. The privilege of the writ of habeas corpus shall not b^
suspended, unless in case of rebellion or invasion, the public safety rev
quires it, and then only in such manner as shall be prescribed by law. I

Sec. 9. All persons shall be bailable by sufficient sureties, except
for treason and murder, where the proof is evident or the presumption
great. Excessive bail shall not be required, nor excessive fines imposed,
nor cruel and unusual punishment inflicted.

Sec. 10. No person shall be held to answer for a criminal offense
except in cases in which, the punishment is by fine, or imprisonmen
otherwise than in the penitentiary, in case of impeachment, and in case
arising in the army and navy, or in the militia when in actual service
in time of war or public danger, unless on a presentment or indictment
of a grand jury; Provided, That the Legslature may, by law, provide
for holding persons to answer for criminal offenses on information of
a public prosecutor; and may, by law, abolish, limit, change, amend or
otherwise regulate the grand jury system.

Sec. 11. In all criminal prosecutions the accused shall have the
right to appear and defend in person or by counsel, to demand the na-
ture and cause of accusation, and to have a copy thereof; to meet the
witnesses against him face to face, to have process to compel the at-
tendance of witnesses in his behalf; and a speedy public trial by an
impartial jury of the county or district in which the offense is alleged
to have been committed.

Sec. 12. No person shall be compelled, in any criminal case, to
give evidence against himself, or be twice put in jeopardy for the same
offense.

Sec. 18. All courts shall be open, and every person, for any in-
jury done him in his lands, goods, person, or reputation, shall have a
remedy by due course of law, and justice administered without denial
or delay.

Sec. 14. Treason against the state shall consist only in levying
war against the state, or in adhering to its enemies, giving them aid
and comfort. No person shall be convicted of treason unless on theTHE STATE OF NMKASKA

&

testimony of two witnesses to the same overt act, or on confession in
open court..

Sec. 15. All penalties shall be proportioned to the nature of the
offense, and no conviction shall work corruption of blood or forfeiture
of estate; nor shall any person be transported out of the state for any
offense committed within the state.

Sec, 16. No bill of attainder, ex post facto law, or law impairing
thq obligation of contracts, or making any , irrevocable grant of special
privileges or immunities shall be passed.

Sec. 17. The military shall be in strict subordination to the civil
power.

Sec. 18. No soldier shall in time of peace be quartered in any
house without the consent of the owner; nor in time of war except in
the manner prescribed by law. ✓

Sec. 19. The right of the people peaceably to assemble to consult
for the common good and to petition the government, or any depart-
ment thereof, shall never be abridged. .

Sec 20. No person shall be imprisoned for debt in any civil ac-
>? -sn or mesne or final process, unless in cases of fraud.

Sec. 21. The property of no person shall be taken or damaged for
public use without just, compensation dherefor.

Sec. 22. All elections shall be free; and there shall be no hind^
ranee or impediment to the right of a qualified voter to exercise the
elective franchise.

Sec. 23. The writ of error shall be a writ of right in all cases of
felony; and in capital cases shall operate as a supersedeas to stay the
execution of the sentence of death, until the.further order of the Su-
preme Court in the premises.	,

Sec. 24. The right to be heard in all civil cases in the court of
last resort, by appeal, error, or otherwise, shall not be denied. ,

Sec. 25, There shall be no discrimination between citizens of the
United States in respect to the acquisition, ownership, possession, en-
joyment or descent of property.

The right of aliens in respect to the acquisition, enjoyment and

descent of property may be regulated by law.	;

(Sec. 26. This enumeration of rights shall not be construed to im-
pair or deny others, retained by the people, and all powers not herein
delegated, remain with the people.6

THE CONSTITUTION OP

Sec. 27. The English language is hereby declared to be the official
language of this state, and all official proceedings, records and publica-
tions shall be in such language, and the common school branches shall
be taught in said language in public, private, denominational and pa-
rochial schools.

ARTICLE II.—DISTRIBUTION OF POWERS.

Section 1. The powers of the government of this state are divided
into three distinct departments, the Legislative, Executive and Judicial,
and no person or collection of persons being one of these departments,
shall exercise any power properly belonging to either of the others
except as hereinafter expressly directed or permitted.

ARTICLE III.—LEGISLATIVE.

Section 1. The legislative authority of the state shall be vested in
a Legislature consisting of a 'Senate and House of Representatives, but
the people reserve to themselves power to propose laws, and amend-
ments to the Constitution, and to enact or reject the same at the polls
independent of the Legislature, and also reserve power at their own
option to approve or reject at the polls any act, item, section, or part
of any act passed by the Legislature.

Sec. 2. The first power reserved by the people is the initiative
whereby laws may be enacted and constitutional amendments adopted
by the people independently of the Legislature. This power may be
invoked by petition wherein the proposed measure shall be set forth at
length. If the petition be for the enactment of a law, it shall be signed
by seven per cent of the electors of the state and if the petition be for
the amendment of the Constitution, the petition therefor shall be signed
by ten per cent of such electors. In all cases the electors signing such
petition shall be so distributed as to include five per cent of the electors
of each of two-fifths of the counties of the state and when thus signed
the petition shall be filed with the Secretary of State, who shall sub-
mit the measure thus proposed to the electors of the state at the first
general election held not less than four months after such petition shall
have been filed. The same measure, either in form or in essential sub-
stance, shall not be submitted to the people by initiative petition, either
affirmatively or negatively, oftener than once in three years. If con-
flicting measures submitted to the people'at the same election be ap-
proved, the one receiving the highest number of affirmative votes shall
thereby become law as to all conflicting provisions. The constitutional
limitations as to the scope and subject matter of statutes enacted by the
Legislature shall apply to those enacted by' the initiative.

Sec 3. The second power reserved is the referendum which may
be invoked by petition, against any act or part of an act of the Legis-THE STATE OF NEBRASKA

7

lature, except those making appropriations for the expense of the state
government or a state institution existing at the time of the passage
of such act. Petitions invoking the referendum shall he signed by not
less than five per cent of the electors of the state, distributed as re-
quired for initiative petitions, and filed in the office of the Secretary of
State within ninety days after the Legislature at which the act sought
to be referred was passed shall have adjourned sine die or for more
than ninety days. Such petition shall set out the title of the act against
which the referendum is invoked, and in addition thereto, when only a
portion of the act is sought to be referred, the number of the section
or sections or portion of sections of the act designating such portion.
When the referendum is thus invoked, the (Secretary of State shall refer
the same to the. electors for approval or rejection at the first general
election to be held not less than thirty days after the filing #f such
petition.

When the referendum is invoked, as to any act or part of act, other
than emergency acts or those for the immediate preservation of the pub-
lic peace, health or safety, by petition signed by not less than ten per
cent of the electors of the state, distributed as aforesaid, it shall sus-
pend the taking effect of such act or part of act until the same has been
approved by the electors of the state.

Sec. 4. The whole number of votes cast for Governor at the gen-
eral election next preceding the filing of an initiative or referendum
petition shall be the basis on which the number of signatures to such
petition shall be computed. The veto power of the Governor shall not
extend to measures initiated by or referred to the people. A measure
initiated shall become a law or part of the Constitution, as the case
may be, when a majority of the votes cast thereon, and not less than
thirty-five per cent of the total vote cast at the election at which the
same was submitted, are cast in favor thereof, and shall take effect
upon proclamation by the governor Which shall be made within ten
days after the official canvass of such votes. The vote upon initiative
and referendum measures shall be .returned and canvassed in the man-
ner prescribed for the canvass of votes for president. The method of
submitting and adopting amendments to the Constitution provided by
this section shall be supplementary to the method prescribed in the
article of this Constitution, entitled, “Amendments” and the latter shall
in no case be construed to conflict herewith. The provisions with re-
spect to the initiative and referendum shall be self-executing, but legis-
lation may be enacted to facilitate their operation. All propositions
submil d in pursuance hereof shall be submitted in a non-partisan
manner a^d without any indication or suggestion on the ballot that they
have been approved or endorsed by any political party or organization.
Only the title or proper descriptive words of measures shall be printed
on the ballot and when two or more measures have the same title they8

THE CONSTITUTION OP

shall be numbered consecutively in the order of filing with the Secre-
tary of State and the number shall be followed by the name of the
first petitoner on the corresponding petition.

Sec. 5. At the regular session of the Legislature held in the year
nineteen hundred and twenty-one the Legislature shall by law divide the
state into Senatorial and Representative Districts. In the creation of
Senatorial and Representative Districts, any county that contains popu-
lation sufficient to entitle it to two or more Senators or Representatives,
shall be divided into separate and distinct Senatorial and Representa-
tive Districts, as nearly equal in population as may be and composed
off contiguous and compact territory. After the creation of such dis-
tricts, one Senator shall be elected from each Senatorial District and
one Representative from each Representative District. The basis of
apportionment shall he the population, excluding aliens, as shown by
next preceding federal census. In like manner, when necessary to a
correction of inequalities in the population of such districts, the state
may be redistricted from time to time, but not oftener than once in ten
years.

Sec. 6. The House of Representatives shall consist of not more
than one hundred members and the Senate of not more than fifty mem-
bers. The sessions of the Legislature shall be biennial, except as other-
wise provided by this Constitution.

Sec. 7, Senators and representatives shall be elected for a term
of two years. They shall each receive the sum of eight hundred dol-
lars for attendance at each regular biennial session of the Legislature
and ten dollars for each day in actual attendance at special sessions;
but in no case shall compensation for attendance at any one special
session exceed one hundred dollars. They shall also be paid ten cents
per mile for each mile traveled in once going to and returning from
each regular or special session of the Legislature by the most usual
route. Members of the Legislature shall receive no pay nor perqui-
sites other than their mileage and salary or per diem, as the case may
be, nor shall employees receive any other compensation than their
salary or per diem. After the expiration of twenty days of the session,
no bills nor joint resolutions of the nature of bills shall be introduced,
unless the Governor shall, by special message call the attention of the
Legislature to the necessity of passing a law on the subject matter em-
braced in the message, and the introduction of bills shall be restricted
thereto. Provided, that the general appropriation bills may be'intro-
duced up to and including the fortieth day.

Sec. 8. No person shall be eligible to the office of Senator, or
member of the House of Representatives, who shall not be^ an elector
and have resided within the district from which he is elected for the
term of one year next before his election, unless he shall have been ab-
sent on the public business of the United States or of this State. And

!

|THE STATE OF NEBRASKA

9

no person elected as aforesaid shall hold his office after he shall have
removed from such district.

Sec. 9. No person holding office under the authority of the United
States, or any lucrative office under the authority of the state, shall be
eligible to, or have a seat in the Legislature, but this provision shall
not extend to precinct or township officers, justices of the peace, no-
taries public, or officers of the militia, nor shall any person interested
in a contract with, or an unadjusted claim, against the state hold a seat
in the Legislature. ,

--"Sec. 10. The session of the Legislature shall commence at 12:00
o’clock (noon) on the first Tuesday in January in the next year ensu-
ing the election of members thereof, and at no other time, unless as
provided by this Constitution. A majority of the members elected to
each House shall constitute a quorum; each House shall determine the
rules of its proceedings and be the judge of the election, returns, and
qualifications of its members, shall choose its own officers, and the Sen-
ate shall choose a temporary president, to preside when the Lieutenant
Governor shall not attend as president, or shall act as Governor. The
Secretary of State shall call the House of Representatives to order at
the opening of each new Legislature and preside over it until a tem-
porary presiding officer thereof shall have been chosen, and shall have
taken his seat. No member shall be expelled by either House, except
by a vote of two-thirds of all members elected to that House, and
no member shall be twice expelled for the same offense. Each House
may punish by imprisonment any person not a member thereof who
shall be guilty of disrespect to the House by disorderly or contemptuous
behavior in its presence, but no such imprisonmnent shall extend beyond
twenty-four hours at one time, unless the person shall persist in such
disorderly or contemptuous behavior.

Sec. 11. Each House shall keep a journal of its proceedings and
publish them (except such parts as may require secrecy) and the yeas ,
and nays of members on any question, shall at the desire of any two
of them be entered on the journal. All votes in either House shall be
viva-voce. The doors of each House, and of the Committee of the
Whole, shall be open, unless when the business shall be such as ought
to be kept secret. Neither House shall, without the consent of the other,
adjourn for more than three days.

Sec. 12. Any bill may originate in either House of the Legislature
except bills appropriating money, which shall originate only in the House
of Representatives, and all bills passed by one House may be amended
by the other.

Sec. 13. The style of all bills shall be, “Be it enacted by the people
of the State of Nebraska,” and no law shall be enacted except by bill.
No bill shall be passed by the Legislature unless by the assent of a
majority of all members elected to each House of the Legislature, and10

THE CONSTITUTION OF

the question upon final passage shall be taken immediately upon its
last reading and the yeas and nays shall be entered upon the journal.
No amendment to any bill by one House shall be concurred in by the
other nor shall the report of any conference committee as to any bill
be adopted by either House except by the assent of the same number of
members as is required for the passage of the original bill taken by
yeas and nays entered upon the journal.

Sec. 14. Every bill and concurrent resolution shall be read by
title when introduced, and a printed copy thereof provided for the use
of each member, and the bill and all amendments thereto shall be
printed and read at large before the vote is taken upon its final pas-
sage. No bill shall contain more than one subject, and the same shall
be clearly expressed in the title. And no law shall be amended unless
the new act contain the section or sections as amended and the sec-
tion or sections so amended shall be repealed. The presiding officer
of each House shall sign in the presence of the House over which he pre-
sides while the same is in session and capable of transacting business,
all bills and concurrent resolutions passed by the Legislature.

Sec. 15. Members of the Legislature in all cases except treason,
felony or breach of the peace, shall be privileged from arrest during
the session of the Legislature, and for fifteen days next before the com-
mencement and after the termination thereof.

Sec. 16. No person elected or appointed to the Legislature shall
receive any civil appointment to a state office during the term for which
he has been elected or appointed, and all such appointments shall be
void; nor .shall any member of the Legislature, or any state officer be
interested, either directly or indirectly in any contract, with the state
or any county or municipality thereof, authorized by any law enacted
during the term for which he shall have been elected or appointed,
or within one year after the expiration of such term.

Sec. 17. The Senate and House of Representatives in joint con-
vention shall have the sole power of impeachment, but a majority of
the members elected must concur therein. Upon the entertainment of
a resolution to impeach by either House, the other House shall at once
be notified thereof and the two Houses shall meet in joint convention
for the purpose of acting upon such resolution within three days of
such notification. A notice of an impeachment of any officer other
than a justice of the Supreme Court, shall be forthwith served upon the
Chief Justice, by the Secretary of the Senate, who shall thereupon call
a session of the, Supreme Court to meet at the Capitol within ten days
after such notice to try the impeachment.' A notice of an impeachment
of a Justice of the Supreme Court shall be served by the Secretary of
the Senate, upon the judge of the judicial district within which the Cap-
itol is located, and he thereupon shall notify all the judges of the Dis-
trict Court in the state to meet with him within thirty days at the Cap-THE STATE OP NEBRASKA

11

itol, to sit as a court to try such impeachment, which court shall or-
ganize by electing one of its number to preside. No person shall be
convicted without the concurrence of two-thirds of the members of the
court, of impeachment, but judgment in cases of impeachment shall not
extend further than removal from office and disqualification to hold and
enjoy any office of honor, profit, or trust, in this state, but the party
impeached, whether convicted or acquitted shall nevertheless be liable
to prosecution and punishment according to law. No officer shall exer-
cise his official duties after he shall have been impeached and notified
thereof, until he shall have been acquitted.

Sec. 18. The Legislature shall not pass local or special laws in any
of the following cases, that is to say:

For granting divorces.

Changing the names of persons or places.

Laying out, opening, altering and working roads or highways.

Vacating roads, town plats, streets, alleys, and public grounds.

Locating or changing county seats.

Regulating County and Township offices.

Regulating the practice of Courts of Justice.

Regulating the jurisdiction and duties of Justices of the Peace,
Police Magistrates and Constables.

Providing for changes of venue in civil and criminal cases.

Incorporating Cities, Towns, and Villages, or changing or amend-
ing the Charter of any Town, City or Village.

Providing for the election of officers in Townships, incorporated
Towns or Cities.

Summoning or empaneling Grand or Petit Juries.

Providing for the bonding of Cities, Towns, Precincts, School Dis-
tricts, or oither municipalities.

Providing for the management of Public Schools.

Regulating the interest on money.

The opening and conducting of any election, or designating the
place of voting.

The sale or mortgage of real estate belonging to minors or others
under disability.

The protection of game or fish.

Chartering or licensing ferries or toll bridges, remitting fines, pen-
alties or forfeitures, creating, increasing and decreasing fees, percent-12

THE CONSTITUTION OF

ages or allowances of public officers, during the term for which said
officers are elected or appointed.

Changing the law of descent.

Granting to any corporation, association, or individual, the right to
lay down railroad tracks, or amending existing charters for such pur-
pose.

Granting to any corporation, association, or individual any special
or exclusive privileges, immunity, or franchise whatever. In all other
cases where a general law can be made applicable, no special law shall
be enacted.

S>ec. 19. The Legislature shall never grant any extra compensa-
tion to any public officer, agent, or servant after the services have been
rendered nor to any contractor after the contract has been entered into,
nor shall the compensation of any public officer, including any officer
whose compensation is fixed by the Legislature subsequent to the adop-
tion hereof be increased or diminished during his term of office.

Sec. 20. The salt springs, coal, oil, mineral, or other natural re-
sources on or contained in the land belonging to the state shall never
be alienated but provision may be made by law for the leasing or de-
velopment of the same.

Sec. 21. Lands under control of the state shall never be donated
to railroad companies, private corporations or individuals.

'Sec. 22. Each Legislature shall make appropriations for the ex-
penses of the Government until the expiration of the first fiscal quar-
ter after the adjournment of the next regular session, and all appro-
priations shall end with such fiscal quarter. And whenever it is deemed
necessary to make further appropriations for deficiencies, the same
shall require a two-thirds vote of all the members elected to each House,
and shall not exceed the amount of revenue authorized by law to be
raised in such time. Bills making appropriations for the pay of mem-
bers and officers of the Legislature, and for the salaries of the officers
of the Government, shall contain no provision on any other subject.

Sec. 23. All offices created by this Constitution shall become va-
cant by the death of the incumbent, by removal from the state, resigna-
tion, conviction of1 a felony, impeachment, or becoming of unsound mind.
And the Legislature shall provide by general law for the filling of such
vacancy, when no provision is made for that purpose in this Consti-
tution.

Sec. 24. The Legislature shall not authorize any games of chance,
lottery, or gift enterprise under any pretense, or for any purpose what-

ever.THE STATE OF NEBRASKA

13

Sec. 25. No allowance shall be made for the incidental expenses
of any state officer except the same be made by general appropriation
and upon an account specifying each item. No money shall be drawn
from the treasury except in pursuance of a specific appropriation made
by law, and on the presentation of a warrant issued by the auditor
thereon, and no money shall be diverted from any appropriation made
for any purpose, or taken from any fund whatever, either by joint or
separate resolution. The auditor shall within sixty days after the ad-
journment of each session of the Legislature, prepare and publish a full
statement of all moneys expended at such session, specifying the amount
of each item, and to whom and for what paid.

Sec. 2 6. No member of the Legislature shall be liable in any civil
or criminal action whatever for words spoken in debate,

Sec. 27. No act shall take effect until three calendar months after
the adjournment of the session at which it passed, unless in case of
emergency (to be expressed in the preamble or body of the act) the
Legislature shall, by a vote of two-thirds of all members elected to
each House otherwise direct. All laws shall be published in book form
within sixty days after the adjournment of each session, and distributed
among the several counties in such manner as the Legislature may pro-
vide.

Sec. 28. Senatorial and Representative Districts shall continue as
now existing, until otherwise provided by law.

ARTICLE IV—EXECUTIVE.

Section 1. The executive officers of the state shall be the Gover-
nor, Lieutenant Governor, Secretary of State, Auditor of Public Ac-
counts, Commissioner of Public Lands and Buildings, Treasurer, Attor-
ney General, Superintendent of Public Instruction and the heads of such
other executive departments as may be established by law. The Legis-
lature may provide for the placing of the above named officers as heads
over such departments of government as it may by law create. The
Governor, Lieutenant Governor, Attorney General, Secretary of State,
Auditor of Public Accounts, Commissioner of Public Lands and Build-
ings and Treasurer shall be chosen at the general election held in
November 1922, and in each even numbered year thereafter, and their
term of office shall be two years and until their successors shall be
elected and qualified. The Superintendent of Public Instruction shall
be elected in November, 1922, and every four years thereafter, and his
term of office shall be four years and until his successor shall be elected
and qualified. The records, books and papers of all executive officers
shall be kept at the seat of government, and such officers, excepting the
Lieutenant Governor, shall reside there during their respective terms of
office. Officers in the executive department of the state shall perform
such duties as may be provided by law. The heads of all executive de-14

THE CONSTITUTION OF

partments established by law, other than those to be elected as pro-
vided herein, shall be appointed by the Governor, with the consent of
a majority of all the members elected to the Senate and House of Rep-
resentatives meeting in joint session, but officers so appointed may be
removed by the Governor. Subject to the provisions of this Constitu-
tion, the heads of the various executive or civil departments shall have
power to appoint, and remove all subordinate employees in their re-
spective departments.	'

Sec. 2. No person shall be eligible to the office of Governor, or
Lieutenant Governor, who shall not have attained the age of thirty
years, and who shall not have been five years next preceding his elec-
tion a resident and citizen of this state and a citizen of the United
States. None of the officers mentioned in this article shall be eligible
to any other office during the period for which they have been
elected or appointed.

Sec. 3. The treasurer shall be ineligible to the office of treasurer,
for two years next after the expiration of two consecutive terms for
which he was elected.

Sec. 4. The returns of every election for the officers of the execu-
tive department shall be sealed up and transmitted by the returning
officers to the Secretary of State, directed to the Speaker of the House
of Representatives, who shall immediately after the organization of the
House, and before proceeding to other business, open and publish the
same in the presence of a majority of each House of the Legislature,
who shall, for that purpose assemble in the Hall of the House of Rep-
resentatives. The person having the highest number of votes for either
of said offices shall be declared duly elected; but if two or more have an
equal and the highest number of votes, the Legislature shall, by joint
vote, choose one of such persons for said office. Contested elections for
all of said offices shall be determined by both Houses of the Legislature,
by joint vote, in such manner as may be prescribed by law.

Sec. 5. All civil officers of this state shall be liable to impeach-
ment for any misdemeanor in office.

Sec. 6. The supreme executive power shall be vested in the Gov-
ernor, who shall take care that the laws be faithfully executed and the
affairs of the state efficiently and economically administered.

Sec. 7. The Governor shall, at the commencement of each session,
and at the close of his term of office and whenever the Legislature may
require, give by message to the Legislature information of the condi-
tion of the state, and shall recommend such measures as he shall deem
expedient. He shall, by message, make to the Legislature an account
and statement, with vouchers attached, of all moneys received and paid
out by him, from any and all funds subject to his order, and, at theTHE STATE OP NEBRASKA

15

commencement of each regular session shall present, by message, a
complete itemized budget of the financial requirements of all depart-
ments, institutions and agencies of the state for the ensuing biennium.
Said budget shall be prepared with such expert assistance and under
such regulations as may be provided by law. No appropriations shall
be made in excess of the recommendation contained in such budget un-
less by three-fifths vote of each House of the Legislature, and such ex-
cess so approved by a three-fifths vote shall not be subject to veto by
the Governor.

Sec. 8. The Governor may, on extraordinary occasions, convene
the Legislature by proclamation, stating therein the purpose for which
they are convened, and the Legislature shall enter upon no business
except that for which they were called together.

Sec. 9. In case of a disagreement between the two Houses with
respect to the time of adjournment, the Governor may on the same be-
ing certified to him by the House first moving the adjournment, adjourn
the Legislature to such time as he thinks proper not beyond the first
day of the next regular session.

Sec. 10. The Governor shall nominate and by and with the advice
and consent of the Senate, (expressed by a majority of all Senators
elected, voting by yeas and nays), appoint all officers whose offices are
established by the Constitution, or which may be created by law, and
whose appointment, or election is not otherwise by law or herein pro-
vided for; and no such officer shall be appointed or elected by the Legis-
lature.

Sec. 11. In case of a vacancy during the recess of the Senate, in
any office which is not elective, the Governor shall make a temporary
appointment until the next meeting of the Senate, when he shall nomi-
nate some person to fill such office; and any person so nominated, who
is confirmed by the Senate, (a majority of all the Senators elected con-
curring by voting yeas and nays), shall hold his office during the re-
mainder of the term, and until his successor shall be appointed and
qualified. No person after being rejected by the Senate, shall be again
nominated for the same office at the same session, unless at request
of the Senate, or be appointed to the same office during the recess of
the Legislature.

Sec. 12. The Governor shall have power to remove any officer,
whom he may appoint, in case of incompetency, neglect of duty, or mal-
feasance in office, and he may declare his office vacant, and fill the same
as herein provided in other cases of vacancy.

Sec. 13. The Governor, Attorney General, and Secretary of State
shall constitute a board to be known as the Board of Pardons, of which
the Governor shall be chairman. Said board, or a majority thereof,16

THE CONSTITUTION OF

shall have power to remit fines and forfeitures and to grant commu-
tations, pardons and paroles after conviction and judgment, under such
conditions as may be prescribed by law, for any offenses committed
against the criminal laws of this state except treason and cases of im-
peachment. But no fine or forfeiture shall be remitted, and no com-
mutation, pardon or parole granted except upon the approval of a ma-
jority of the board after a full hearing in open session, and not until
notice of the time and place of such hearing, and of relief sought,
shall have been given by personal service thereof upon the judge of the
court by which the sentence was pronounced and the county attorney
of the county where the offense was committed. Provided, however,
the Governor shall have power to grant respites or reprieves in all
cases of conviction for offenses against the laws of the state, except
treason and cases of impeachment, but such respites or reprieves shall
not extend beyond the next meeting of the Board of Pardons, and in no
case for a greater period than thirty days. The proceedings and decis-
ions shall be reduced to writing, and with the reasons for such action
in each case, signed by the members of the board concurring therein,
and with all papers used upon the hearing including the dissent of any
member who may not concur, shall be filed in the office of the Secretary
of State. The governor shall communicate to the Legislature, at each
regular session, each case of remission of fine, forfeiture, reprieve,
commutation, pardon or parole, granted since the last previous report,
stating the name of the convict, the crime of which he was convicted,
the sentence and its date, and the date of remission, commutation, par-
don, parole or reprieve, with the reasons for granting the same, and
the objections, if any, of any members of the board made thereto. The
board shall have power to suspend the execution of the sentence im-
posed for treason until the case can be reported to the Legislature at
its next session, when the Legislature shall either grant a pardon, or
commute the sentence or direct the execution, or grant a further re-
prieve.

«Sec. 14. The Governor shall be commander-in-chief of the mili-
tary and naval forces of the state (except when they shall be called into
the service of the United States) and may call out the same to execute
the laws, suppress insurrection, and repel invasion.

Sec. 15. Every bill passed by the Legislature, before it becomes
a law, and every order, resolution or vote to which the concurrence
of both Houses may be necessary (except on questions of adjournment)
shall be presented to the Governor. If he approves he shall sign it,
and thereupon it shall become a law, but if he do not approve, he shall
return it with his objections to the House in which it shall have origi-
nated, which House shall enter the objections at large upon its journal,
and proceed to reconsider the bill. If then three-fifths of the members
elected agree to pass the same, it shall be sent, together with the ob-
jections, to the other house, by which it shall likewise be reconsidered;THE STATE OF NEBRASKA

17

and if approved by three-fifths of the members elected to that House,
it shall become a law notwithstanding the objections of the Governor*
In all such cases the vote of each House shall be determined by yeas
and nays, to be entered upon the journal. Any bill which shall not be
returned by the Governor within five days (Sundays excepted) after it
shall have been presented to him, shall become a law in like manner as
if he had signed it; unless the Legislature by their adjournment prevent
its return; in which case it shall be filed, with his objections, in the of-
fice of the Secretary of State within five days after such adjournment,
or become a law. The Governor may disapprove any item or items of
appropriation contained in bills passed by the Legislature, and the item
or items so disapproved shall be stricken therefrom, unless repassed
in the manner herein prescribed in cases of disapproval of bills.

Sec. 16. In case of the death, impeachment and notice thereof
to the accused, failure to qualify, resignation, absence from the state,
or other disability of tlm Governor, the powers, duties and emoluments
of the office for the residue of the term, or until the disability shall be
removed, shall devolve upon the Lieutenant Governor.

Sec. 17. The Lieutenant Governor shall be president of the
Senate, and shall vote only when the Senate is equally divided.

Sec. 18. If there be no Lieutenant Governor, or if the Lieutenant
Governor for any of the causes specified in .Section Sixteen of this ar-
ticle, become incapable of performing the duties of the office, the Presi-
dent of the 'Senate shall act as Governor until the vacancy is filled, or
the disability removed; and if the president of the Senate, for any of the
above named causes, shall become incapable of performing the duties
of Governor, the same shall devolve upon the Speaker of the House of
Representatives.

Sec. 19. There shall be a “Board of Control” of state institutions
consisting of three members who shall be appointed by the Governor
by and with the consent of two-thirds of the members of the Senate.
Not more than two of the members of said board shall belong“to the
same political party and no two of them shall reside in the same Con-
gressional district when appointed. They shall be appointed for a term
of six years except to fill vacancy which shall be for the unexpired
term. The present members shall hold office until their successors
are appointed, and one member shall be appointed in the month of
January, 1921, and one every two years thereafter. The Board of
Control shall have full power to manage, control and govern, subject
only to such limitations as may be established by law, all state chari-
table. reformatory and penal institutions that now are or may hereafter
be established. They shall give such bonds, receive such salaries and
perform such duties as may be provided by law.

Sec. 20. There shall be a State Railway Commission, consisting
of three members, who shall be first elected at the general election in18

THE CONSTITUTION OF

1906, whose terms of office, except those chosen at the first election
under this provision, shall be six years, and whose compensation shall
be fixed by the Legislature. Of the three commissioners first elected,
the one receiving the highest number of votes, shall hold his office for
six years, the next highest four years, and the lowest two years. The
powers and duties of such commission shall include the regulation of
rates, service and general control of common carriers as the Legisla-
ture may provide by law. But, in the absence of specific legislation,
the commission shall exercise the powers and perform the duties enum-
erated in this provision.

Sec. 21. If the office of Auditor of Public Accounts, Treasurer,
Secretary of State, Attorney General, Commissioner of Public Lands and
Buildings, or Superintendent of Public Instruction, shall be vacated by
death, resignation or otherwise, it shall be the duty of the Governor
to fill the same by appointment, and the appointee shall hold his office
until his successor shall be elected and qualified in such manner as
may be provided by law.

Sec. 2th An account shall be kept by the officers of the executive
department and of all the public institutions of the state, of ail moneys
received or disbursed by them severally from all sources, and for every
service performed, and a semi-annual report thereof be made to the
Governor under oath; and any officer who makes a false report shall be
guilty of perjury and punished accordingly.

Sec. 23. The officers of the executive department and of all the
public institutions of the state shall at least ten days preceding each
regular session of the Legislature severally report to the Governor, who
shall transmit such reports to the Legislature, together with the reports
of the judges of the Supreme Court of defects in the Constitution and
laws, and the Governor or either House of the Legislature may at any
time require information in writing, under oath, from the officers of the
executive department, and all officers, managers of state institutions,
upon any subject relating to the condition, management and expenses of
their respective offices.

Sec. 24. There shall be a seal of the state, which shall be called
the “Great Seal of the State of Nebraska”, which shall be kept by the
Secretary of State and used by him officially as directed by law.

Sec. 25. The officers provided for in this article shall receive such
salaries as may be provided by law, but the salary of no officer shall be
changed more than once in eight years. Such officers or such other
officers as may be provided for by law, shall not receive for their own
use any fees, costs, or interest upon public moneys in their hands. All
fees that may hereafter be payable by law for services performed, or
received by an officer provided for in this article, by virtue of his office
shall be paid forthwith into the state treasury.THE STATE OF NEBRASKA

19

Sec. 26. The officers mentioned in this article shall give bond in
not less than double the amount of money that may come into their
hands, and in no case less than the sum of fifty thousand dollars, with
such provisions as to sureties and the approval thereof, and for the
increase of the penalty of such bonds, as may be prescribed by law.

Sec. 27. No executive state office other than herein provided shall
be created except by a two-thirds majority of all members elected to
the Senate and House of Representatives respectively.

Sec. 2 8. A Tax Commissioner shall be appointed by the Governor
with the advice and consent of the Senate. He shall have jurisdiction
over the administration of the revenue laws of the state, and together
with the Governor, Secretary of State, State,Auditor and State Treas-
urer shall have power to review and equalize assessments of property
for taxation within the state. He shall have such other powers and
perform such other duties as the Legislature may provide. His term of
office and compensation shall be as provided by law.

ARTICLE V.—JUDICIAL

Sec. 1. The judicial power of the state shall be vested in a su-
preme court, district courts, county courts, justices of the peace, and
such other courts inferior to the supreme court as may be created by
law; but other courts may be substituted by law for justices of the
peace within such districts, and with such additional civil and criminal
jurisdiction, as may be provided by law.

Sec. 2. The supreme court shall consist of seven judges, one of
whom shall be the Chief Justice. A majority of the judges shall be
necessary to constitute a quorum. A majority of the members sitting
shall have authority to pronounce a decision except in cases involving
the constitutionality of an act of the Legislature. No legislative act
shall be held unconstitutional except by the concurrence of five judges.
The supreme court shall have jurisdiction in all cases relating to the
revenue, civil cases in which the state is a party, mandamus, quo war-
ranto, habeas corpus, and such appellate jurisdiction as may be provided
by law. Whenever necessary for the prompt submission and determin-
ation of causes, the supreme court may appoint judges of the district
court to act as associate judges of the supreme court, sufficient in num-
ber, with the judges of the supreme court, to constitute two divisions
of the court of five judges in each division. Whenever judges of the
district court are so acting the court shall sit in two divisions, and four
of the judges thereof shall be necessary to constitute a quorum. Judges
of the district court so appointed* shall serve during the pleasure of the
court, and shall have all the powers of judges of the supreme court.
The Chief Justice shall make assignments of judges to the divisions of
the court, and shall preside over the division of which he is a member,20

THE CONSTITUTION OF

and designate the presiding judge of the other division. The judges of
the supreme court, sitting without division, shall hear and determine all
cases involving constitutionality of a statute, and all appeals from
convictions of homicide; and may review any decision rendered by a
division of the court. In such cases, in the event of the disability or
disqualification by interest or otherwise, of any of the judges of the
supreme court, the court may appoint judges of the district court to sit
temporarily as judges of the supreme court, sufficient to constitute a
full court of seven judges. Judges of the district court shall receive
no additional salary by virtue of their appointment and service as
herein provided; but they shall be reimbursed their necessary traveling
and hotel expenses.

.Sec. 3. At least two terms of the supreme court shall be held
each year, at the seat of government.

Sec. 4. The Chief Justice of the supreme court shall be elected by
the electors of the state at large. The judges of the supreme court,
other than the Chief Justice, shall be elected by the electors of the dis-
tricts as herein provided. The term of office of judges of the supreme
court shall be six years during which they shall reside at the place
where the court is holden; but no judge of the supreme court now in
office or hereafter shall be deemed thereby to have lost his residence at
the place from which he was elected.

Sec. 5. The Legislature shall divide the state along county lines
into six compact districts, of approximately equal population, which
shall be numbered from one to six, consecutive numbers to be given ad-
jacent districts. Such districts shall correspond, as nearly as may be
practicable, in location and numbers with the present six Congress-
ional Districts of the state. Such districts shall not be changed except
upon the concurrence of two-thirds of the members of each house of
the Legislature, nor shall any such change vacate the office of any
judge. Until such districts are established, the six Congressional Dis-
tricts of the state as now constituted and numbered shall be the supreme
court judicial districts.

A Chief Justice shall be elected in the year 1920 and each six years
thereafter; in the year 1922, and each six years thereafter, there shall
be elected by the electors of each of the three even numbered districts
one judge of the supreme court; and the judges so elected shall be the
successors of the judges whose terms of office expire in January, 1923;
in the year 1924, and each six years thereafter, there shall be elected
by the electors of each of the three odd numbered districts one judge of
the supreme court, and the judges so elected shall be the successors
of the judges whose terms of office expire in January, 192 5.

Sec. 6 The chief justice shall preside at all terms and sittings of
the supreme court, and in his absence or disability the judges present
shall select one of their number chief justice pro tempore.THE STATE OF NEBRASKA

21

Sec. 7. No person shall be eligible to the office of chief justice or
judge of the supreme court unless he shall be at least thirty years of
age, and a citizen of the United States, and shall have resided in this
state at least three years next preceding his election; nor, in the case
of a judge of the supreme court elected from a supreme court judicial
district, unless he shall be a resident and elector of the district from
which elected.

Sec. 8. There shall be appointed by the supreme court, a clerk
and a reporter of the court, each of whom shall hold his office for the
term of six years, unless sooner removed by the court, and their salaries
shall be fixed by law; the clerk shall also act as librarian of the law and
miscellaneous library of the state.

The court shall also appoint such clerical help as may be needed for
the proper dispatch of the business of the court. The court shall pre-
pare and recommend to each session of the Legislature a budget of the
estimated expenses of the court for the ensuing biennium. The copy-
right of the state reports shall forever remain the property of the state.

Sec. 9. The district court shall have both chancery and common
law jurisdiction, and such other jurisdiction as the Legislature may pro-
vide; and the judges thereof may admit persons charged with felony to
a plea of guilty and pass such sentence as may be prescribed by law.

Sec. 10. The state shall be divided into district court judicial dis-
tricts. Until otherwise provided by law, the boundaries of the judicial
districts and the number of judges of the district courts shall remain as
now fixed. The judges of the district courts shall be elected by the
electors of the respective districts, and their term of office shall be
four years.

Sec. 11. The concurrence of two-thirds of the members elected
to each House of the Legislature shall be required to change the numbef
of judges of the district courts, or to alter the boundaries of judicial
districts. Such change in number or alteration in boundaries shall
not vacate the office of any judge. Such districts shall be formed of
compact territory bounded by county lines.

Sec. 12. The judges of the district court may hold court for
each other and shall do so when required by law or when ordered by
the supreme court.

Sec. 13. The chief justice, the judges of the supreme court and
the judges of the district court shall receive such salaries as may be
provided by law.

Sec. 14. No judge of the supreme court or district courts shall act
as attorney or counsellor at law in any manner whatsoever. No
county judge shall practice law in any court in any matter arising in
or growing out of any proceedings in his own cour(22

THE CONSTITUTION OF

Sec. 15. In the year 1920 and every four years thereafter there
shall be elected in and for each county one judge, who shall be judge of
the county court of such county, whose term of office shall be four
years and whose salary shall be fixed by law.

Sec. 16. County courts shall be courts of record, and shall have
original jurisdiction in all matters of probate, settlement of estates of
deceased persons, and in such proceedings to find and determine heir-
ship; appointment of guardians, and settlement of their accounts; and
such other jurisdiction as may be given by general law. But they shall
not have jurisdiction in criminal cases in which the punishment may
exceed six months imprisonment or a fine of over five hundred dollars,
or both; nor in civil actions in which title to real estate is sought or
drawn in question; nor in actions on mortgages or contracts for the con-
veyance of real estate; nor in civil actions where the debt or sum
claimed shall exceed one thousand dollars.

Sec. 17. Appeals to the district court from the judgments of
county courts shall be allowed in ail criminal cases, on application of the
defendant; and in all civil cases, on application of either party, and in
such other cases as may be provided by law.

Sec. 18. Justices of the peace shall be elected in and for such dis-
tricts for such term and have and exercise such jurisdiction as may be
provided by law; but no justice of the peace shall have jurisdiction in
any civil case where the amount in controversy shall exceed two hun-
dred dollars; nor in a criminal case where the punishment may exceed
three months imprisonment, and a fine of over one hundred dollars or
both; nor in any matter wherein the title or boundaries of land may be
in dispute.

Bee. 19. The organization, jurisdiction, powers, proceedings, and
^practice of all courts of the same class or grade, so far as regulated by
law and the force and effect of the proceedings, judgments and decrees
of such courts, severally, shall be uniform.

'Sec. 2 0. All officers provided for in this article shall hold their
offices until their successors shall be qualified and they shall respec-
tively reside in the district, county or precinct from which they shall be
elected or appointed. All officers, when not otherwise provided for in
this article, shall perform such duties and receive such compensation
as may be prescribed by law.

Sec. 21. In case the office of any judge of the supreme court or
any district court shall become vacant before the expiration of the reg-
ular term for which he was elected, the vacancy shall be filled by ap-
pointment by the Governor, for the unexpired term, and until a suc-
cessor shall be elected and qualified.

Vacancies in all other elective offices shall be filled by election, butTHE STATE OF NEBRASKA

23

when the unexpired term does not exceed two years the vacancy may be
filled by appointment in such manner as the Legislature may provide.

Sec. 22. The state may sue and he sued, and the Legisla/ture
shall provide by law in what manner and in what courts suits shalJ
be brought.

Sec. 23. The several judges of the courts of record shall have
such jurisdiction at chambers as may be provided by law.

Sec. 24. All process shall run in the name of ‘"The State of Ne-
braska,” and all prosecutions shall be carried on in the name of “The
State of Nebraska.”

Sec. 25. For the effectual administration of justice and the
prompt disposition of judicial proceedings, the supreme court may pro-
mulgate rules of practice and procedure for all courts, uniform as to
each class of courts, and not in conflict with laws governing such mat-
ters. To the same end, the court may, and when requested by the Leg-
islature by joint resolution, shall certify to the Legislature, its conclu-
sions as to desirable amendments or changes in the general laws gov-
erning such practice and proceedings.

Sec. 26. If the foregoing amendment shall be adopted by the elec-
tors, all existing courts which are not in the foregoing amendment
specifically enumerated and concerning which no other provision is
herein made, shall continue in existence and exercise their present juris-
diction, and the judges thereof shall receive their present compensation,
until otherwise provided by law; and such Judges or appointees to fill
vacancies shall hold their offices until their successors shall be elected
and qualified.

ARTICLE VI.—SUFFRAGE,

Sec. 1. Every citizen of the United States, who has attained the
age of twenty-one years, and has resided within the state for six months
and within the county and voting precinct for the terms provided by
law, shall be an elector.

Sec. 2. No person shall be qualified to vote who is non compos
mentis, or who has been convicted of treason or felony under the laws
of the state or of the United States, unless restored to civil rights.

Sec. 3. Every elector in the military or naval service of the United
States or of this state may exercise the right of suffrage at such place
and under such regulations as may be provided by law.

Sec. 4. No soldier, seaman, or marine in the army or navy of the
^United States shall be deemed a resident of the state in consequence of
being stationed therein.24

THE CONSTITUTION OF

tSec. 5. Electors shall be in all cases, except treason, felony, or
breach of the peace, be privileged from arrest during their attendance
at elections, and going to and returning from the same, and no elector
shall be obliged to do military duty on the days of election, except in
time of war and public danger.

Sec. 6. All votes shall be by ballot.

AKTICUE VII.—EDUCATION

Sec. 1, The Governor, Secretary of State, Treasurer, Attorney
General, and Commissioner of Public Lands and Buildings shall, under
the direction of the Legislature, constitute a board of commissioners
for the sale, leasing, and general management of all lands and funds set
apart for educational purposes, and for the investment of school funds,
in such manner as may be prescribed by law.

Sec. 2. All lands, money or other property granted, or bequeathed,
or in any manner conveyed to this state for educational purposes shall
be used and expended in accordance with the terms of such grant, be-
quest, or conveyance.

Sec. 3. The following are hereby declared to be perpetual funds
for common school purposes of which the annual interest or income
only can be appropriated, to-wit:

First. Such per centum as has been, or may hereafter he, granted
by Congress on the sale of lands in this state.

Second. All moneys arising from the sale or leasing of sections
number sixteen and thirty-six in each township in this state, and the
lands selected, or that may be selected, in lieu thereof.

Third, The proceeds of all lands that have been, or may hereafter
be, granted to this state, where by the terms and conditions of such
grant the same are not to be otherwise appropriated.

Fourth. The net proceeds of lands and other property and effects
that may come to this state, by escheat or forfeiture, or from unclaimed
dividends, or distributive shares of the estates of deceased persons.

Fifth. All moneys, stocks, bonds, lands, and other property, now
belonging to the common school fund.

Sec. 4. All other grants, gifts and devises, that have been, or may
hereafter be, made to this state, and not otherwise appropriated by the
terms of the grant, gift, or devise, the interest arising from all the funds
mentioned in the preceding section, together with all the rents of the
unsold school lands, and such other means as the Legislature may pro-
vide, shall be exclusively applied to the support and maintenance of
common schools in each school district in the state.TOE STATE OE NEBRASKA

2S

Sec. 5. All fines, penalties, and license moneys, arising under the
general laws of the state, shall belong and be paid over to the counties
respectively, where the same may be levied or imposed, and all fines,
penalties and license moneys arising under the rules, by-laws, or ordi-
nances of cities, villages, towns, precincts, or other municipal sub-
-division less than a county, shall belong and be paid over to the same
respectively. All such fines, penalties, and license moneys shall bev
'appropriated exclusively to the use and support of the common schools
in the respective subdivisions where the same may accrue.

Bee. 6. The Legislature shall provide for the free instruction in
the common schools of this state of all persons between the ages of five
;and twenty-one years.

Sec. 7. Provision shall be made by general law for equitable dis-
tribution of the income of the fund set apart for the support of the com-
mon schools among the several school districts of the state and no
appropriation shall be made from said fund to any district for the year
in which school is not maintained for the minimum term required by
law.

Sec. 8. No lands now owned or hereafter acquired by the state
for educational purposes shall be sold except at public auction under
such conditions as the Legislature shall provide.

Sec. 9. All funds belonging to the state for educational purposes,
the interest and income whereof only are to be used, shall be deemed
trust funds held by the state, and the state shall supply all losses
thereof, that may in any manner accrue, so that the same shall remain
forever inviolate and undiminished; and shall not be invested or loaned
except on United States or state securities; or registered *county bonds
of this state, or registered school district bonds of this state; and such
other securities as the Legislature may from time to time direct. And
•such funds with the interest and income thereof, are hereby solemnly
pledged to the purposes for which they are granted and set apart, and
shall not be transferred to any other fund for other uses.

Sec. 10. The general government of the University of Nebraska,
shall, under the direction of the Legislature, be vested in a board of six
regents to be styled The Board of Regents of the University of Nebraska,
who shall be elected from and by districts as herein provided. Their
term of office shall be for six years each. Their duties and powers shall
be prescribed by law; and they shall receive no compensation, but may
be reimbursed their actual expenses incurred in the discharge of theif
duties.

The Legislature shall divide the state, along county lines, into six
compact regent districts of approximately equal population, which shall
be numbered from one to six, consecutive numbers to be given adjacent26

THE CONSTITUTION OF

districts. Such districts shall correspond, as nearly as may be prac-
ticable, in location and numbers with the present six Congressional Dis-
tricts of the state. Such districts shall not be changed except upon the
concurrence of two-thirds of the members of each House of the Legis-
lature, nor shall any such change vacate the office of any regent. Until
such districts are established, the six Congressional Districts of the
state as now constituted and numbered shall be the districts provided
for by this section.

Provided, that the regents elected before the adoption of this Con-
stitution shall serve out their respective terms and that the successors
of those whose terms expire in January, 1923, shall be elected from dis-
tricts numbered three and four respectively at the general election to
be held in 1922; of those whose terms expire in 1925, from districts
numbered one and two, at the general election to be held in 1924; and
of those whose terms expire in 1927, from districts numbered five and
six, at the general election to be held in 1926.

Sec. 11. No sectarian instruction shall be allowed in any school or
institution supported in whole or in part by the public funds set apart
for educational purposes, nor shall the state accept any grant, convey-
ance, or bequest of money, lands or other property to be used for sec-
tarian purposes. Neither the iState Legislature nor any county, city or
other public corporation, shall ever make any appropriation from any
public fund, or grant any public land in aid of any sectarian or denom-
inational school or college, or any educational institution which is not
exclusively owned and controlled by the state or a governmental sub-
division thereof. No religious test or qualification shall be required of
teacher or student, for admission to or continuance in any public school
or educational institution supported in whole or in part by public tax-
ation.

-Sec. 12. The Legislature may provide by law for the establishment
of a school or schools for the safe keeping, education, employment and
reformation of all children under the age of eighteen years, who, for
want of proper parental care, or other cause, are growing up in mendi-
cancy or crime.

Sec. 13. The general government of the state normal schools, as
now existing, and such other normal schools as may be established by
law, shall be vested, under the direction of the Legislature, in a board
of seven members to be styled Board of Education of State Normal
Schools, six of whom shall be appointed by the Governor, with the
advice and consent of the Senate, two each for a term of two, four, and
six years, and two each biennium thereafter for a term of six years, and
the State Superintendent of Public Instruction shall be a member ex-
officio. The duties and powers of said board shall be prescribed by
law, and the members thereof shall receive no compensation for theTHE STATE OE NEBRASKA

27

performance of their duties, but may be reimbursed their actual ex-
penses incurred therein.

ARTICLE VIII—REVENUE*

«

Sec. 1. The necessary revenue of the state and its governmental
subdivisions shall be raised by taxation in such manner as the Legisla-
ture may direct; but taxes shall be levied by valuation uniformly and
proportionately upon all tangible property and franchises, and taxes
uniform as to class may be levied by valuation upon all other property.
Taxes, other than property taxes, may be authorized by law. Existing
revenue laws shall continue in effect until changed by the Legislature*

Sec. 2. The property of the state and its governmental sub-
divisions shall be exempt from taxation. The Legislature by general
law may exempt property owned by and used exclusively for agricul-
tural and horticultural societies, and property owned and used exclu-
sively for educational, religious, charitable or cemetery purposes, when
such property is not owned or used for financial gain or profit to either
the owner or user. Household goods of the value of two hundred
($200.00) dollars to each family shall be exempt from taxation. The
Legislature by general law may provide that the increased value of land
by reason of shade and ornamental trees planted along the highway
shall not be taken into account in the assessment of such land. No
property shall be exempt from taxation except as provided in this
section.

Sec. 3. The right of redemption from all sales of real estate for
the non-payment of taxes or special assessments of any character what-
ever, shall exist in favor of owners and persons interested in such real
estate, for a period of not less than two years from such sales thereof.
Provided, that occupants shall, in all cases, be served with personal
notice before the time of redemption expires.

Sec. 4. The Legislature shall have no power to release or dis-
charge any county, city, township, town or district whatever, or the in-
habitants thereof, or any corporation, or the property therein, from their
or its proportionate share of taxes to be levied for state purposes, or
due any municipal corporation, nor shall commutation for such taxes be
authorized in any form whatever.

Sec. 5. County authorities shall never assess taxes the aggregate
of which shall exceed fifty cents per one hundred dollars actual valua-
tion as determined by the assessment rolls, except for the payment of
indebtedness existing at the adoption hereof, unless authorized by a
vote of the people of the county.

Sec. 6. The Legislature may vest the corporate authorities of
cities, towns and villages, with power to make local improvements by
special assessments, or by special taxation of property, benefited. For
all other corporate purposes, all municipal corponfions may be vested

THE CONSTITUTION OF

frith authority to assess and collect taxes, but such taxes shall be uni-
form in respect to persons and property within ihe jurisdiction of the
body imposing the same.

Sec. 7. Private property shall not be liable to be taken or sold for
the payment of the corporate debts of municipal corporations. The*
Legislature shall not Impose taxes upon municipal corporations, or th&
inhabitants or property thereof, for corporate purposes.

Sec. 8. The Legislature at its first session shall provide by law
for the funding of all outstanding warrants, and other indebtedness of
the state, at a rate of interest not exceeding eight per cent per annum.

Sec. &. The Legislature shall provide by law that all claims upon
the treasury, shall be examined and adjusted by the auditor and ap-
proved by the secretary of state, before any warrant for the amount
allowed shall be drawn. Provided, that a party aggrieved by the decis-
ion of the auditor and secretary of state may appeal to the district court.

ARTICLE IX—COUNTIE S.

Sec. 1. No new county shall be formed or established by the Leg-
islature which will reduce the county or counties, or either of them, to
a less area than four hundred square miles, nor shall any county be
formed of a less area.

Sec. 2. No county shall be divided nor any part of the territory of
any cotmty be stricken therefrom, nor shall any county or part of the
territory of any county be added to an adjoining county without sub-
mitting the question to the qualified electors of each county affected
thereby, nor unless approved by a majority of the qualified electors of
each county voting thereon; provided, that when county boundaries
divide sections, or overlap, or fail to meet, or are in doubt, the Legis-
lature may by law provide for their adjustment, but in all cases the new
boundary shall follow the nearest section line or the thread of the main
channel of a boundary stream*

Sec. 3. When a county shall be added to another, all prior in-
debtedness of each county shall remain a charge on the taxable prop-
erty within the territory of each county as it existed prior to consoli-
dation. When any part of a county is stricken off and attached to an-
other county the part stricken off shall be holden for its proportion of
all then existing liabilities of the county from which it is taken, but
shall not be holden for any then existing liabilities of the county to
which it is attached.

Sec. 4. The Legislature shall provide by law for the election of
such county and township officers as may be necessary.

Sec. 5. The Legislature shall provide by general law for townshipTHE STATE OE NEBRASKA

29

organization, under which any county may organize whenever a major-
ity of the legal voters of such county voting at any general election shall
so determine; and in any county that shall have adopted a township
organization the question of continuing the same may be submitted to
a vote of the electors of such county at a general election in the manner
that shall be provided by law.

ARTICLE X—PUBLIC SERVICE CORPORATIONS.

Sec. 1. Every public utility corporation or common carrier organ-
ized or doing business in this state shall report, under oath, to the Rail-
way Commission, when required by law or the order of said Commssion.
The reports so made shall include such matter as may be required by
law or the order of said Commission.

Sec. 2. The rolling stock and all other movable property belonging
to any railroad company or corporation in this state shall be liable to
execution and sale in the same manner as the personal property of1 indi-
viduals, and the Legislature shall pass no law exempting any such prop-
erty from execution and sale.

Sec. 3. No public utility corporation or common carrier shall con-
solidate its stock, property, franchise, or earnings in whole or in part
with any other public utility corporation or common carrier owning a
parallel or competing property without permission of the Railway Com-
mission; and in no case shall any consolidation take place except upon
public notice of at least sixty days to all stockholders, in such manner
as may be provided by law. The Legislature may by law require all
public utilities and common carriers to exchange business through
physical connection, joint use, connected service, or otherwise.

Sec. 4. Railways heretofore constructed, or that may hereafter be
constructed, in this state, are hereby declared public highways, and
shall be free to all persons for the transportation of their persons and
property thereon, under such regulations as may be prescribed by law.
And the Legislature may from time to time pass laws establishing rea-
sonable maximum rates of charges for the transportation of passengers
and freight on the different railroads in this state. The liability of rail-
road corporations as common carriers shall never be limited.

Sec. 5. The capital stock of public utility corporations or common
carriers shall not be increased for any purpose except after public
notice for sixty days, and in such manner as may be provided by law.
No dividend shall be declared or distributed except out of net earnings
after paying all operating expenses, including a depreciation reserve
sufficient to keep the investment intact.

Sec. 6. The exercise of the power and the right of eminent domain
shall never be so construed or abridged as to prevent the taking by theu

THE CONSTITUTION OF

Legislature of the property and franchises of incorporated companies
already organized, or hereafter to be organized, and subjecting them to
the public necessity the same as of individuals.

Sec, 7, The Legislature shall pass laws to correct abuses and pre-
vent unjust discrimination and extortion in all charges of express, tele-
graph and railroad companies in this state and enforce such laws by
adequate penalties to the extent, if necessary for that purpose, of for-
feiture of their property and franchises.

Sec. 8. No railroad corporation organized under the laws of any
other state, or of the United States and doing business in this State
shall be entitled to exercise the right of eminent domain or have power
to acquire the right-of-way, or real estate for depot or other uses, until
it shall have become a body corporate pursuant to and in accordance
with the laws of this state.

ARTICLE XI—MUNICIPAL CORPORATIONS.

Sec. 1. No city, county, town, precinct, municipality, or other sub-
division of the state, shall ever become a subscriber to the capital stock,
or owner of such stock, or any portion or interest therein of any rail-
road, or private corporation, or association.

Sec. 2. Any city having a population of more than five thousand
(5,000) inhabitants may frame a charter for its own government, con-
sistent with and subject to the constitution and laws of this state, by
causing a convention of fifteen freeholders, who shall have been for at
least five years qualified electors thereof, to be elected by the qualified
voters of said city at any general or special election, whose duty it
shall be within four months after such election, to prepare and propose
a charter for such city, which charter, when completed, with a prefatory
synopsis, shall be signed by the officers and members of the convention,
or a majority thereof, and delivered to the clerk of said city, who shall
publish the same in full, with his official certification, in the official
paper of said city, If there be one, and if there be no official paper, then
In at least one newspaper published and in general circulation in said
city, three times, and a week apart, and within not less than thirty days
after such publication it shall be submitted to the qualified* electors of
said city at a general or special election, and if a majority of such quali-
fied voters, voting thereon, shall ratify the same, it shall at the end of
sixty days thereafter become the charter of said city, and supersede any
existing charter and all amendments thereof. A duplicate certificate
shall be made, setting forth the charter proposed and its ratification
(together with the vote for and against) and duly certified by the city
clerk, and authenticated by the corporate seal of said city and one copy
thereof shall be filed with the Secretary of State and the other deposited
among the archives of the city, and shall thereupon become and be
the charter of said fity, and all amendments of such charter, shall beTHE STATE OF NEBRASKA

SI

authenticated in the same manner, and filed with the secretary of state
and deposited in the archives of the city.

Sec. 3. But if said charter he rejected, then within six months
thereafter, the mayor and council or governing authorities of said city
may call a special election at which fifteen members of a new charter
convention shall be elected to be called and held as above in such city,
and they shall proceed as above to frame a charter which shall in like
manner and to the like end be published and submitted to a vdte of
said voters for their approval or rejection. If again rejected, the pro-
cedure herein designated may be repeated until a charter is finally ap-
proved by a majority of those voting thereon, and certified (together
with the vote for and against) to the secretary of state as aforesaid, and
a copy thereof deposited in the archives of the city, whereupon it shall
become the charter of said city. Members of each of said charter con-
ventions shall be elected at large; and they shall complete their labors
within sixty days after their respective election. The charter shall
make proper provision for continuing, amending or repealing the ordi-
nances of the city.

Sec. 4l Such charter so ratified and adopted may be amended, or
a charter convention called, by a proposal therefor made by the law-
making body of such city or by the qualified electors in number not less
than five per cent of the next preceding gubernatorial vote in such city,
by petition filed with the council or governing authorities. The council
or governing authorities shall submit the same to a vote of the quali-
fied electors at the next general or special election not held within thirty
days after such petition is filed. In submitting any such charter or
charter amendments, any alternative article or section may be presented
for the choice of the voters and may be voted on separately without
prejudice to others. Whenever the question of a charter convention is
carried by a majority of those voting thereon, a charter convention shall
be called through a special election ordinance, and the same shall be
constituted and held and the proposed charter submitted to a vote of the
qualified electors, approved or rejected, as provided in Section 2 hereof.
The city clerk of said city shall publish with his official certification, for
three times, a week apart in the official paper of said city, if there be
one, and if there be no official paper, then in at least one newspaper
published and in general circulation in said city, the full text of any
charter or charter amendment to be voted on at any general or special
election.

No charter or charter amendment adopted under the provisions of
this amendment shall be amended or repealed except by electoral vote.
And no such charter or charter amendment shall diminish the tax rate
for state purposes fixed by act of the Legislature, or interfere in any
wise with the collection of state taxes.

Sec. 5. The charter of any city having a population of more thanTHE CONSTITUTION <XF

22

one hundred thousand inhabitants may be adopted as the home rule
charter of such city by a majority vote of the qualified electors of such
city voting upon the question, and when so adopted may thereafter be
changed or amended as provided in Section 4 of this article, subject to
the constitution and laws of the state.

ARTICLE XII—MISCELLANEOUS CORPORATIONS.

Sec. 1. The Legislature shall provide by general law for the
organization, regulation, supervision and general control of all corpora-
tions, and for the organization, supervision and general control of
mutual and co-operative companies and associations, and by such legis-
lation shall insure the mutuality and co-operative features and functions
thereof. Foreign corporations transacting or seeking to transact busi-
ness in this state shall be subject, under general law, to regulation,
supervision and general control, and shall not be given greater rights or
privileges than are given domestic corporations of a similar character.
No corporations shall be created by special law, nor their charters be
extended, changed or amended, except those corporations organized for
charitable, educational, penal or reformatory purposes, which arc to be
and remain under the patronage and control of the state. All general
laws passed pursuant to this section may be altered from time to time,
or repealed.

Sec. 2. No such general law shall be passed by the Legislature
granting the right to construct and operate a street railroad within any
city, town, or incorporated village without first requiring the consent of
a majority of the electors thereof.

'Sec. 3. All corporations may sue and be sued in like cases as nat-
ural persons.

Sec. 4. In all cases of claims against corporations and joint stock
associations, the exact amount justly due shall be first ascertained, and
after the corporate property shall have been exhausted the original
subscribers thereof shall be individually liable to the extent of their
unpaid subscription, and the liability for the unpaid subscription shall
follow the stock.

Sec. 5. The Legislature shall provide by law that in all elections
for directors or managers of incorporated companies every stockholder
shall have the right to vote in person or proxy for the number of shares
owned by him, for as many persons as there are directors or managers
to be elected or to cumulate said shares and give one candidate as many
votes as the number of directors multiplied by the number of his shares
shall equal, or to distribute them upon the same principle among as
many candidates as he shall think fit, and such directors or managers
shall not be elected in any other manner; except that any mutual or co-
operative company or association may, in its articles of incorporation,
limit the number of shares of stock any stockholder may own, theTHE STATE OE NEBRASKA

33

transfer of said stock, and the right of each stockholder or member to
one vote only in the meetings of such company or association.

Sec. 6. No corporation shall be permitted to issue stock or bonds
except for an equivalent in money paid or labor done, or property act-
ually received and applied to the purpose for which such corporation
was created, and neither labor nor property shall be received in pay-
ment of stock or bonds at a greater value than the actual value at the
time said labor was done or property delivered, and all fictitious increase
of stock or indebtedness shall be void; all stock shall have a face' par
value; and all stock in the same corporation shall be of equal par
value.

Sec. 7. Every stockholder in a banking corporation or institution
shall be individually responsible and liable to its creditors over and
above the amount of stock by him held to an amount equal to his re-
spective stock or shares so held, for all its liabilities accruing while he
remains such stockholder, and all banking corporations shall publish
quarterly statements under oath of their assets and liabilities.

ARTICLE XIII.—STATE, COUNTY AND MUNICIPAL INDEBTEDNESS

Sec. 1. The state may, to meet casual deficits, or failures in tho
revenues, contract debts never to exceed in the aggregate one hundred
thousand dollars, and no< greater indebtedness shall be incurred except
for the purpose of repelling invasion, suppressing insurrection, or de-
fending the state in war, and provision shall be made for the payment
of the interest annually, as it shall accrue, by a tax levied for the
purpose, or from other sources of revenue, which law providing for
the payment of such interest by such tax shall be irrepealable until
such debt be paid.

Sec. 2. ’No city, county, town, precinct, municipality, or other
subdivision of the state, shall ever make donations to any railroad, or
other works of internal improvement, unless a proposition so to do shall
have been first submitted to the qualified electors thereof, at an election
by authority of law. Provided, that such donations of a county with
the donations of such subdivisions in the aggregate shall not exceed ten
per cent of the assessed valuation of such county. Provided further,
that any city or county may, by a two-thirds vote, increase such in-
debtedness five per cent in addition to such ten per cent; and no bonds
or evidences of indebtedness so issued shall be valid, unless the same
shall have endorsed thereon a certificate signed by the seerteary and
auditor of state, showing that the same is issued pursuant to law.

Sec 3. The credit of the state shall never be given or loaned in
aid of any individual, association, or corporation.

ARTICLE XIV—MILITIA

Bee. 1. The Legislature shall determine what person shall con-
stitute the militia of the state, and may provide for organizing and dis-
ciplining the same.34

THE CONSTITUTION OF

ARTICLE XV—MISCELLANEOUS PROVISIONS

Sec. 1. Executive and judicial officers and members of the Legis-
lature, before they enter upon their official duties, shall take and sub-
scribe the following oath, or affirmation: ‘T do solemnly swear (or
affirm) that I will support the Constitution of the United States, and the
Constitution of the State of Nebraska, and will faithfully discharge the

duties of...................according to the best of my ability, and

that at the election at which I was chosen to fill said office, I have not
improperly influenced in any way the vote of any elector, and have not
accepted, nor will I accept or receive, directly or indirectly, any money
or other valuable thing from any corporation, company or person,
or any promise of office, for any official act or influence (for any vote I
may give or withhold on any bill, resolution, or appropriation).”
Any such officer or mepiber of the Legislature who shall refuse to take
the oath herein prescribed, shall forfeit his office, and any person who
shall be convicted of having sworn falsely to, or of violating his said
oath shall forfeit his office, and thereafter be disqualified from holding
any office of profit or trust in this slate unless he shall have been re-
stored to civil rights.

Sec. 2. Any person who is in default as collector and custodian of
public money or property shall not be eligible to any office of trust or
profit under the constitution or laws of' this state; nor shall any person
convicted of felony be eligible to office unless he shall have been re-
stored to civil rights.

Sec. 3. Drunkenness shall be a cause of impeachment and removal
from office.

Sec. 4. The necessity of water for domestic use and for irrigation
purposes in the State of Nebraska is hereby declared to be a natural
want.

Sec. 5. The use of the water of every natural stream within the
State of Nebraska is hereby dedicated to the people of the state for
beneficial purposes, subject to the provisions of the following section.

'Sec. 6. The right to divert unappropriated waters of every natural
stream for beneficial use shall never be denied except when such denial
is demanded by the public interest. Priority of appropriation shall give
the better right as between those using the water for the same pur-
pose, but when the waters of any natural stream are not sufficient
for the use of all those desiring to use the same, those using th^ water
for domestic purposes shall have preference over those claiming it for
any other purpose, over those using the same for manufacturing pur-
shall have the preference over those using the same for manufacturing
purposes. Provided, no inferior right to the use of the waters of this
state shall be acquired by a superior right without just compensation
therefor to the inferior user.THE STATE OF NEBRASKA

35

Sec. 7. The use of the waters of the state for power purposes
shall be deemed a public use and shall never be alienated, but may
be leased or otherwise developed as by law prescribed.

Sec. 8. Laws may be enacted regulating the hours and conditions
of employment of women and children; and securing to such em-
ployees a proper minimum wage.

<Sec. 9. Laws may be enacted providing for the investigation, sub-
mission and determination of controversies between employers and
employees in any business or vocation affected with a public interest,
and for the prevention of unfair business practices and uncon-
scionable gains in any business or vocation affecting the public welfare.
An Industrial Commission may be created for the purpose of adminis-
tering such laws, and appeals shall lie to the Supreme Court from the
final orders and judgments of such commission.

Sec. 10. On and after May 1, 1917, the manufacture, the sale,
the keeping for sale or barter, the sale or barter, under any pretext,
of malt, spirituous, vinous or other intoxicating liquors, are forever
prohibited in this state, except for medicinal, scientific, or mechanical
or sacramental purposes.

Sec. 11. The Legislature may provide that, at the general elec-
tion immediately preceding the expiration of the term of a United
States Senator from this state, the electors may by ballot express their
preference for some person for the office of United States Senator.
The votes ca,st 'for such candidates shall be canvassed and returned
in the same manner as for state officers.

Sec. 12. The seat of government of the state shall not be re-
moved or relocated without the assent of a majority of the electors
of the state voting thereupon, at a general election or elections, under
such rules and regulations as to the number of elections and manner of
voting and places to be voted for, as may be prescribed by law. Provid-
ed the question of removal may be submitted at such other general elec-
tions as may be provided by law.

ARTICLE XVI—AMENDMENTS

Sec. 1. Either branch of the Legislature may propose amend-
ments to this constitution, and if the same be agreed to by three-fifths
of the members elected to each house, such proposed amendments
shall be entered on the journals, with the yeas and nays, and published
once each week for four weeks, in at least one newspaper in each county,
where a newspaper is published, immediately preceding the next elec-
tion of members of the Legislature. At such election said amendments
shall be submitted to the electors for approval or rejection upon a
ballot separate from that upon which the names o'* candidates appear.36	THE CONSTITUTION OF

If a majority of the electors voting on any such amendment adopt the
same, it shall become a part of this constitute in, provided- the votes
cast in favor of such amendme, haU not v ss than thirty-five per
cent of. the total votes cast s	ele j When two or more

amendments are submitted at th i*.-:	they shall be so sub-'

mitted as to enable the electors to vote on each amendment separately.

Sec. 2. When three-fifths of the members elected to each branch
of the Legislature deem it necessary to call a convention to revise,
amend, or change this constitution, they shall recommend to the elec-
tors to vote at the next election of members of the Legislature, for or
against a convention, and if a majority voting at said election vote for
a convention, the Legislature shall, at its next session, provide by
law for calling the same. The convention shall consist of as many
members as the House of Representatives, who shall be chosen in the
same manner, and shall meet within three months after their election,
for the purpose aforesaid. No amendment or change of this constitu-
tion, agreed upon by such convention, shall take effect until the same
has been submitted to the electors of the state, and adopted by a major-
ity of those voting for and against the same.

ARTICLE XVII—SCHEDULE

Sec. 1. The several amendments passed and submitted by this
Convention when adopted at the election shall take effect on the first
day of January, 1921, except as otherwise specifically provided by
schedule attached to any of said amendments. Provided that the pro-
posed Amendment Number No. 18, relative to equal suffrage shall take
effect, if adopted, immediately upon proclamation by the Governor.
All laws then in force, not inconsistent with the constitution as amend-
ed by such proposals as may be adopted at such election, shall continue
in force until amended or repealed. If any of the amendments passed
and submitted by this Convention and adopted by the electors be
inconsistent with any provisions of the present constitution, such
amendments shall be held to prevail.

Sec. 2. That Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 15, 16,
17, 18, 19, 21, 22, 23, 24, and 27 of Article XVI be repealed and elim-
inated therefrom.

Sec. 3. Until otherwise provided by law the following salaries
shall be paid:

Chief Justice, Judges of the Supreme Court and Governor, each
$7,500 per annum; Judges of the District Court, Secretary of State,
Auditor of Public Accounts, Commissioner of Public Lands and Build-
ings, ..Treasurer,'Attorney .General, Superintendent of Public Instruc-
tion and members of the State Railway Commission, each $5,000 per
annum. The Lieutenant Governor shall receive twice the compensation
of a State Senator.THE STATE OF NEBRASKA

37

Sec. 4. The general election of this state shall be held on the
Tuesday* succeeding the first Monday of November in the year 1914
and every two years thereafter. All state, district, county, precinct
and township officers, by the constitution or laws made elective by the
people, except school district officers, and municipal officers in cities,
villages and towns, shall be elected at a general election to be held as
aforesaid. Judges of the supreme, district and county courts,
all elective county and precinct officers, and all other elective officers,
the time for the election of whom is not herein otherwise provided for
and which are not included in the above exception, shall be elected
on the Tuesday succeeding the first Monday in November, 1913, and
thereafter at the general election next preceding the time of the term-
ination of their respective term of office. Provided, that no office shall
be vacated thereby, but the incumbent thereof shall hold over until his
successor is duly elected and qualified.

Sec. 5. The terms of office of all state and county officers, of
judges of the supreme, district and county courts, and regents of the
University, shall begin on the first Thursday after the first Tuesday in*
January next succeeding their election, the present state and county
officers, members of the Legislature, and regents of the University shall
continue in office until their successors shall be elected and qualified.

Sec. 6. The Legislature shall pass all laws necessary to carry into
effect the provisions of this constitution.

Sec. 7. The auditor shall draw the warrants of the state quarterly
for the payment of the salaries of all officers under this constitution,
whose compensation is not otherwise provided for, which shall be paid
out of any funds not otherwise appropriated.

Sec. 8. Until otherwise provided by law. the judges of district
courts shall fix the time of holding courts in their respective districts.

Sec. 9. This constitution shall be enrolled and deposited in the
office of the Secretary of State, and printed copies thereof shall be
prefixed to the books containing the laws of the state, and all future
editions thereof.

The Constitution of 1875 was authenticated and attested as fol-
lows:

‘‘John Lee Webster, President; O. A. Abbott, Luke Agur, J. P.
Becker, J. E. Boyd, Clinton Briggs, Jefferson H. Broady, Charles H.
Brown. S. F. Burtch, S. H. Calhoun, E. C. Cams, T S. Clark, S. H. Coats,
A. H. Conner, W. B. Cummins, James Harper, Robert B. Harrington,
J. B. Hawley, M. L. Hayward, D. P. Henry, B. I. Hinman, M. R. Hope-
well, C. E. Hunter, A. G. Kendall, S. M. Kirkpatrick, James Laird,
Charles F. Manderson, A. W. Matthews, Frank Martin, Samuel Max-
well. John McPherson, W. H. Munger, J. H. Perry C. W. Pierce, S. B.38

THE CONSTITUTION OF

Pound, James W. Dawes, J. E. Doom, W. L. Dunlap, R. C. Eldridge,
J. G. Ewan, S. R. Foss, C. H. Frady, Joseph Garber, C. H. Gere, Henry
Grebe, Edwin N. Grenell, George L. Gritting, William A. Gwyer, An-
drew Hallner, J. D. Hamilton, Isaac Power, Jr., M. B. Reese, W. M.
Robertson, Josiah Rogers, J. H. Sauls, H. H. Shedd, Geo. S. Smith, W.

H.	Sterns, R. F. Stevenson, John J. Thompson, L. B. Thorne, Jacob
Yallery, Sr., C. H. VanWyck, Charles T. Walther, A. M. Walling, T. L.
Warrington, A. J. Weaver, M. W. Wilcox, J. p. Zediker.”

The foregoing is the Contsitution of the State of Nebraska of
1875 and the several amendments thereto, including the amendments
proposed by the Constitutional Convention of 1919-1920 and adopted
at the special election held on the 21st day of September, 1920, and
the same is a true and correct compilation thereof.

Done in Convention at the Capitol, in the City of Lincoln, this
19th day of October, 1920.

Witness our hands the day and year last above written.

A.	J. WEAVER, President.

I.	L. ALBERT
LEWIS K. ALDER
WALTER L. ANDERSON
GEO. S. AUSTIN
JOSEPH G. BEELER
ANSON H. BIGELOW

A.	T. BRATTON
WILBUR F. BRYANT

B.	F. BUTLER
HENRY R. CLEVE
CHARLES H. CORNELL
FESTUS COROTHERS
EDWARD A. COUFAL

J.	A. DONQHOE
C'HAS. H. EPPERSON
I. D. EVANS

EMIL FAUQUET
EDGAR FERNEAU

C.	C. FLANSBURG
WM. GRUEBER
JACOB F. HALDERMAN
GEO. H. HASTINGS
JOHN HEASTY
JAMES H. H. HEWETT

M.	J. HIGGINS
W. D. HOLBROOK
JEIRRY HOWARD
GEORGE JACKSON
HARRY JOHNSON
GEO. C. JUNKIN
HARRY L. KEEFE
H. G. KEENEY
WILLIAM G. KIECK
THOS. LAHNERS
GEORGE LANDGREN
HARRY LEHMAN

J. G. W. LEWIS
H. D. LUTE
GEORGE A. MAGNEY
FRANK MALICKY
R. A. MATTESON
W. A. MESERVE

N.	P. MCDONALD
CHARLES F. McLAUGHLIN
CHARLES McLEOD

GEO. E. NORMAN
J. N. NORTON
R. S. NORVAL
FRED A. NYE