Nebraska herald. (Plattsmouth, N.T. [Neb.]) 1865-1882, August 31, 1871, SUPPLEMENT, Image 5

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    LBBE!Rj.IiX STJPLEMTEDSTT-TliellSrew C onstitution of the State of Nebraska.
" Sec. 6. revision stall le made by law
or the equal iliotiibution of the Income of
the fund Bet apart for the support of com
mon schools, among the several school Jis-
. tricts of the state iu proportion to the num
ber of children and youth resident therein,
between the a,;es of five and twenty-one
years, and no appropriation thall be made
"from said fund to any district for the year
In which a school shall not be maintained
at least three months.
Sec. 7. No university, agricultural col
iee, common school or other lands which
are now held or may hereafter be acquired
by the state for educational purpoes, shall
be sold for less than seven dollars per acre.
Skc. 3. All funds beloncin to the state
for educational purposes, the interest and
income whereof only are to Le used, shall
be deemed trust funds he'-l by the state,
and the state shall supply all
losses thereof, that may iu any
manner accrue, so that the same
shall remain forever inviolate and undimin
ished ; and such funds with the interest and
income thereof, are hereby solemnly pledged
fjr the purposes for which they are granted
and set apart, and shall not be transferred
to any other fund fur other uses.
Sec. 9. The general government
of the university of Nebraska,
shall, under the direction of the
legislature, be vested in a board of recent
to he styled the board of regents of the
university of Nebraska, one member of
which shall be elected iu each judicial dis
trict by the electors thereof. Their duties,
powers, and term of office shall be pre
scribed by law ; and they shall receive no
compensation, but may be reimbursed their
actual expenses incurred in the discharge
of their duties.
Sec. 10. School for the benefit of the
deaf and umb, and '.he blind, shall be fos
4 tered and supported.
Sec. II. The supervision of public in
struction shall be vested iu the state super
intendent of public instruction and such
other officers aa,the legislature shall pro
vide. Sec. 12. The secretary of state, treasur
er, attorney general, and commissionei of
public lan Js and buildings, shall constitute
a board of commissioners, for the . sale,
leasing, and general management of all
lands and funds, set apart for educational
purposes, aud fur the investment of school
funds, in such manner as may be prescribed
by law. :
Sec. 13., No sectarian instruction shall be
allowed ia any school or institution support
ed in whole or in part by the public funds
set apart for educational purposes; ncr
shall the state accept any grant, convey
nnce or bequest of money, lands or other
property, to be usd for sectarian purpos
es. ARTICLE VIII.
KEVF.rE AND USANCE.
Section 1. Taxes may be rightfully and
equally levied upon the property of the citi
zens, to insure the protection of life, the
security ot the person, propeity and char
acter ; and to atta n ihtse objects the leg
islalure shall provide such revenue as may
be needful, by levying a lax by valuation,
so that every person and corporation shall
pav a tax in proportion to the value of hi?,
Lit or its property ; such value to be ascer
tained by some person or persons to be
elected or appointed in such manner as the
legislature shall direct, and not otherwise ;
but the legislature shall have power to tax
peddlers, auctioneer brokers, hawkers,
merchants, commission merchants, show
men, jugglers, inn-keepers, grocery-keepers,
liquor dealers, toll bridges, ferries, insur
ance, telegraph and express interests or
business, venders .f patents, and persons
or corporations owning or using franchises
and privileges, in such manner as it shall,
from time to time, direct by general law,
uniform as to tho class upon which it
operates.
Skc. 2. The specification of the objects,
and subjects of taxation shall not deprive
the legislature of '.he power to require other
subjects or objects, to bo taxed, in such
manner as inav Le consistent with the prin
cip'cs of taxation fixed iu this constitution.
Sec. ?,. The property of the state, coun
ties and other municipal corporations, both
real and personal, and such other property
as may be used exclusively for agricultural
and horticultural societies, for school, pub
lic cemetery an 1 charitable purposes, the
buildings aud grounds belonging to and
used by anyreligious society for religious
purposes fo The value of five thousand dol
lars, may be exempted from taxation ; but
such exemption shall be only by general
law. In the assessment of real estate in
cumbered by public casement, any depreci
ation occasioned by such easement, may be
deducted iu the valuation of such property.
The legislature may provide that the in
creased value of lands by reason of live
fences, fruit aud lorest trees, grown and
cultivated thereon, shall not be taken into
account, in the assessment thereof.
Sec. 4. The legislature shall provide in
all cases when it may be necessary to fell
real estate, for the uon payment of taxes,
or special assessments, for state, county,
muuicipal or other purp ses, that a return
of such unpaid taxes or assessments, shall
be made to some general officer of the
county, having authority to receive state
and county taxes, and there shall be no sale
of such property for any of said taxes or
assessments, but by said officer npou ti e
order or judgment of some court of record.
Sec. 5. The right of redemption from all
sales of real estate, for the non-payment of
taxes or special assessments of any charac
ter whatever, shall exist in favor of owners
aud persons interested iu such real estate,
for a period of not less than two vears from
such sales thereof. And the legislature
shall provide by law for rexsonablo notice
to be given to the owners or parties inter
ested, by publication or otherwise of the
fact of the sale of the property for such
taxes or assessments, and when the time of
redemption shall expire. Provided, that
occupants shall in all cases be served with
personal notice before the time of redemp
tion expires.
Sec. C. The legislature shall have no
power to release or discharge any county,
city, township, town or district whatever, or
the inhabitants thereof, or the property
therein, from their or its proportionate share
of taxes to be levied for state purposes, nor
shall commutation for such taxes le au
thorized in any form whatever.
Sec. 7. All taxes levied for state pur
poses, shall be paid into the state treasury.
Sec. 8. All property real, personal, or
mixed, within the jurisdiction of this state,
shall be listed and taxed except as other
wise provided in this constitution ; and the
legislature shall provide by law, for carry
ing into effect this provision.
Sec. 9. County authorities shall never
assess taxes, the aggregate of which shall
exceed two dollars per one hundred dollars
valuation, except for the payment of in
debtedness existing at the adoption of this
constitution, unless authorized by a vote of
the people of the county.
Sec. 10. The legislature may vest the
corporate authorities of cities, towns and
villages, with power to make local improve
ments by special assessment or by special
taxation ot property, benefitted or other
wise. For all ether corporate purposes, all
municipal corporations may be vested with
authority to assess and collect taxes ; but
such taxes shall be . uniform in respect to
persons, and property within the junsd e
tiou of the body imposing the same.
Sec. 11. The legislature shall not impose
taxes upon municipal corporations, or the
inhabitants or projierty thereof, for corpo
rate purposes, but shall require thut all the
taxable property within the limits of muni
cipal corporations, shall be taxed for the
payment of debts contracted under au
thority of law, such taxes to be uniform in
respect to persons and property wi.hin the
jurisdiction of the body imposing the same.
Private property shall not be liable to be
taken or sold for the payment of the corpo
rate debts of a municipal corporation.
St 12. No person who is in default, as
collector or custodian of money or property
belonging to a municipal corporation, shall
be eligible to anv office in or under such
corporation. The fees, salary or coinpensa
tion of no municipal officer who is elected
or appointed for a definite term of office,
shall be increased or diminished during
such term.
Sec. .... lbe legislature at its tirst ses
sion shall provide by law for the funding of
all outstanding warrants and other indebt
edness of the state, at a rate ot interest not
exceeding ten per cent, per annum ; and
all counties, cities, towns or other munici
pal corporations, may fund their ontstand
ing indebtedness, in bonds bearing a rate
of interest not exceeding ten per cent, per
annum in such manner as . the legislature
may provide.
Sec 11. The legislature shall provide by
law, that all claims upon the treasury, shall
be examined and adjusted by the auditor
and approved by the secretary of state,
before any warrant for the amount allowed
shall be drawn.
AR'IICLE IX.
COUNTIES.
Section I. No new county shall be form
ed or established by the legislature, which
will reduce the county or counties, or either
of them, from wLich it shall be taken, to a
less area than four hundred square miles ;
nor shall any county be formed of a less
m
area. "
Sec. 2. rso county shall be tfi video, or
have any part stricken therefrom, without
first submitting the question to a vote of
the people of the county; nor unless a ma
jority of all the legal voters ot the county,
voting on the question, shall vot for the
same. Provided that the legislature may
divide any county whose area exceeds nine
hundred square miles without submitting
the question to the vote of the people.
Sec There shall be no territory strick
en from any orgauized county, unless a
majority of be voters living in such terri
tory, shall petition for such division ; and
no territory shall be added to any organized
county without the consent of the majority
of the voters of the county to which it is
proposed to be added ; but the portion so
stricken off aid added to another county, or
formed in whole or in part into a new
county, shall be holden for, and obliged to
pay its proportion of the indebtedness of
the county from which it has been taken.
Sec. 4. No county seat shall be
removed until two thirls of the
voters of the conuty, to be ascer
tained iu such manner as shall be provided
by general law, shall have voted in favor of
its removal te some other one point. The
question of tho removal of a county seat
shall not be oftener submitted than once in
six years ; Provided that when an attempt
is made ti remove a county seat to a point
ten miles, in a direct line nearer the cen
ire of the county, then a majority vote only
shall be necessary, and the question of re
moval may be submitted once in four years.
Sec. 5. The legislature shall provide by
law, for the election of such county and
township officers as may be necessary.
Sec. G. The legislature shall provide by
general law, for township organization, un
der which any county may organize when
ever a majority of the legal voters of such
county, voting at any general election, shall
so determine ; and whenever any county
.shall adopt township organization, so much
of this constitution as provides for the man
agement of the fiscal concerns of the said
county by the board of conuty commission
ers, may bo dispensed with, and the afTairs
of said county may be transacted in such
manner as the legislature may provide; and
in any county that shall have adopted a
township organization, the question of con
tinuing 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 ; and if a majority of
all the votes ea.st upon that question shall
be against township organization, then
such organization shall cease in said coun
ty ; and all laws in force in relation to
counties not having township organization
shall immediately take effect and be in
force in such eounty. No two townships in
any one eounty shall have the same name,
aud the day of holding the annual town
ship meetings shall be uniform throughout
the state.
Sec. 7. There shall be elected in each of
the counties in this state three officers, who
shall be styled '"The Board of County Com
missioners" whose term of office shall be
three years, and who shall hold sessions for
the transaction of county business as shall
be prescribed by law ; provided, that the
county commissioners now elected in the
several counties of the state, shall hold
their office for the term for which they
were elected.
ARTICLE X.
CORPORATIONS.
Section 1. No corporation shall be crea
ted by special law, nor its charter extended,
changed or amended, except those for char
itable, educational, penal or reformatory
purposes, which are to be and remain under
the patronage and control of the state; but
the legislature shall provide by general
laws, for the organization of all corpora
ti jns hereafter to be created. . All general
laws passed pursuant to this section may
be altered, from time, or repealed.
Sec. 2. All corporations may sue and be
sued in like cases as natural persons.
Sec. 3. Stockholders of all corporations
and joiut stock associations, shall be indi
vidually liable for all debts of such corpora
tion or association, to the full amount of
the par value of their stock after the corpo
rate property shall have been exhausted.
Sec. 4. 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 by proxy, for the number
of shares of stock 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 tho number of his shares of
stock, shall equal, or to distribute them on
the same principle among as many candi
dates as he shall think fit ; and such direc
tors or managers shall not be elected in
any other manner.
Sec. it. All existing charters or giants
of 6jecial or exclusive privileges, unler
which organization shall not have taken
place, or which shall not be in operation
within ten days from the time this consti
tution takes effect, shall thereafter have no
validity or effect whatever.
B AX ICS.
Sec. C. No state bank shall hereafter be
created, nor shall the state own or be liable for
any stock in any corporation or joint stock
company or association for banking pur
poses, now created or hereafter to bej cre
ated. No act of the legislature authorizing
or creating corporations or associations,
with banking powers, whether of issue, de
posit or discount, nor amendments thereto,
shall go into effect or in any manner be in
force, unless the same shall be submitted to
a vote of the people at the general election
next succeeding th6 passage of the same,
and be approved ly a majority of all the
votes cast at such election, for or against
such law.
Sec. 7. Every stockholder in a banking
corporation or institution shall be individu
ally responsible and liable to its creditors,
over and above the amount of stocx by
him held, to an amount eqnal to his respec
tive stock or shares so held, for all its lia
bilities accruing while he remains such
stockholder.
Sec. 8. The suspension of specie pay
ments by banking institutions, on their
circulation, created by the laws of this state,
shall never bj permitted or sanctioned.
Every banking association now, or which
may hereafter be organized nnder the laws
of this state, shall make and publish a fu
and accurate quarterly statement ot its
affairs, (which shall be certified to under
oath, by one or more ot its officers) as may
be proTided by law.
Sec. 9. If a general banking law shall
be enacted, it shall provide for the registry
and countersiging, by an officer of the state,
of all bilu or paper credits designed to cir
culate as money, and require security to
the full amount thereof, to be deposited
with the state treasurer, in United States or
In ebraska state bonds, to be rated at ten
per cent below their par value ; and in
case of a depreciation of said bonds to the
amount often per cent below par, the bank
or banks owning said stock or bonds shall
be required to make up said deficiency, by
depositing additional stock or bonds ; and
said law shall also provide for the recording
of the names of all stockholders in such
corporations, the amount of Ftock held by
eacb, the time of any transfer thereof.
and to whom such transfer is made.
RAILROADS.
fete. 10. ivery railroad corporation or
ganized or doing: business in this state
under the laws or authority thereof,
or of any other state, shall have and main
tain a public office or place in this state lor
the transaction of its business': where
transfers of st-K'k shall be made, and in
which shall be kept, for public inspection
books in which shall be recorded, the
amount of capital stock subscribed, and by
whom : the names of the owners of
its
stock, and the amounts owned by them
spectively; the amount of stock paid
re
in
and by whom ; the transfers of said stock,
the amount of its assets and liabilities, and
the names and place of residence of its
officers. The directors of every railroad
corporation shall annually make a report
under oath, to the auditor of public ac
counts, or some officer to be designated by
law. of the amount received from passen
gers and freight, and of all their acts and
doings ; which report shall include sncb
matters relating to railroads as may be
prescribed by law. And the legislature
shall pass laws enforcing by suitable penal
ties the provisions of this section.
Sec. 11. The rolling stock and all other
movable property belonging to any rail-road
company or corporation in this state, shall
be liable to execution and sale in the same
manner as the personal property of indi
viduals, and the legislature shall pass no
aw exempting any such property from exe
cution and sale.
Sec. 12. No railroad corporation shall
consolidate its stock, property or
franchises with any other railroad
corporation owning a paralell or com
peting line ; and in no case shall any
consolidation take plce, except upon pub
lic notice given, of at least sixty days, to
all stockholders, in such manner as may be
provided by law.
bee. 13. Railways heretolore 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 proper
ty thereon, under such regulations as may
be prescribed by law. And the legislature
shall from time to time pass laws establish-
ng reasonable maximum rates of charges
for the transportation of passengers and
freight on the different railroads in this
state. Ihe liability or rail road corpora
tions aa common carriers, shall never be
limited, but the same shall be, and remain
as fixed bythe common law.
bee. 14. .No rail road corporation shall
issue any stock or bonds, except for money,
abor or property, actually received and ap
plied to the purposes for which such corpora
tion was created; and all stock, dividends,
and other fictitious increase of the capital
stock or indebtedness of any snch corpora
tion shall be void. The capital stock of no
railroad corporation shall be increased for
any purpose, except after public notice, for
nty days, in such manner as may be pro
vided by law.
bEC la. the exercise ot the power ana
the right of eminent domain shall never be
so construed or abridged, as to prevent the
taking by the legislature, ot the property
and franchises of incorporated companies
already organized or hereafter to be organ
ized, and subjecting them to the public
necessity the same as of individuals. The
right of trial by jry shall be held inviolate
all trials ot claims lor compensation,
when in the exercise of said right of eminent
domain, any incorporated company shall be
interested either for or against the exer
cise of said right.
Sec. 16. The legislature shall pass laws
to correct abuses and prevent unjust dis
crimination and extortion in the rates ot
freight and passenger tariffs on the different
railroads in this state, and enforce such
laws by adequate penalties to the extent, if
necessary for that purpose, of foifeiture of
their pioperty and franchises.
Sec. 17. Wo county, city, town, township
or other municipal corporation, shall ever
make any donation to, or loan its credit in
aiu u but uui aiiuiii
-: i r
which nas received
or may hereafter receive a
grant of land
from the United States, or to any railroad
corporation, which has constructed or shall
hereafter construct its road in whole or in
part from the proceeds of land grants.
ARTICLE XI.
COCNTT AND MUNICIPAL AID TO CORPORA
TIONS.
No city, county, town, precinct or other
municipality, or other sub-division of the
State, shall ever become subscriber to the
capital stock if any railroad or private cor
poration. or mate donations thereto, or aid
in the construction of any railroad or work
of internal improvement, owned or control
led in whole or in part by any individual o
private corporation or association, or create
or contract any indebtedness, for any pur
pose herein specified, unless a preposition
to do so shall have been submitted at an
election held by authority of law, and three
fifths of the qualified electors voting on
said proposition shall be in favor of the
same, boch indebtedness inclusive ot any
and all similar indebtedness, whensoever
created, shall not, at any time, exceed ten
per cent of tbe valuation for taxable pur
poses of such city, town, county, precinct,
or other municipality, or subdivision of the
stale, contracting such indebtedness ; nor
shall any aid be given to any railroad com
pany, or for the construction of any rail
road, or any indebtedness be created or
contracted for such purposes, unless the
line of the railroad shall have been defi
nitely loca'ed, an' shall be specified in the
proposition voted upon ; nor shall such in
debtedness exceed five thousand dollars per
mi'e to any proposed railroad, nor in any
event be payable until such railroad or a
part thereof is completed ready for the
rolling stock, and only in proportion to the
part so completed.
ARTICLE XII.
MISCELLANEOUS PROVISIONS.
Section. 1. The capital of this state
shall remain at the city of Lincoln, until
the year one thousand eight hundred and
eighty; and until otherwise provided by
a law designating some other place there
for, which shall be submitted to, and be ap
proved by a majority of the electors voting
theron.
Sec. 2. The legislature shall determine
what persons shall constitute tbe militia of
the Btatj, and may provide for organizing
and disciplining the same.
Sec. 3. No person who shall be convict
ed of tbe embezzlement or defalcation of
the public funds of this state, shall ever be
eligible to any office, of honor, trust or
profit under the same, nor shall any person
convicted of felony, be eligible to office,
unless he shall have been restore! to civil
Tights.
ARTICLE XIII.
AMENDMENTS TO THE CONSTITUTION. .
Sec. 1. Any amendmest or amendments
to this constitution, may be proposed in the
senate or house of representatives, and if
agreed to by a majority of . the members
elected to each house, shall be entered upon
their journals, with the yeas and nays taken
thereon ; and . the secretary of state anal,
cause the same to be published weekly for
three months immediately preceding the
next election, in at least one newspaper in
every county in which a newspaper shall be
published; and if, in the legislature next
afterwards chosen, such proposed amend
ment or amendments shall be agreed to, by
a majority of the members elected to each
house, the secretary of state shall cause the
same again to be published lor the time,
and in the manner aforesaid, and such pro
posed amendment or amendments shall be
submitted to . the electors of this state for
adoption or rejection, at the next election
of members of the legislature, in such
manner as may be prescribed by law, and
it ratified by a majority of those voting
thereon, shall become a part of the consti
tution. If two or more amendments.be
submitted at the same time, provision shall
be made for taking the vote thereon separ
ately, Sec. 2. Whenever two-thirds of the mem
bers elected to each house of tbe legisla
ture, shall, by a vote entered upon the
journals thereof, concur that a convention
is necessary to revise, alter or amend the
constitution, the question shall be submit
ted to the electors at the next general elec
tion. If a maiority of the votes cast there
on be for a convention, the legislature shall,
at the next session provide therefor, and
shall, in the act calling the convention, des
ignate the day, hour and place ot its meet
ing : fix the compensation of its members
and officers ; and provide for the payment
thereof, and of the expenses necessarily in
curred by the convention, in tbe perfor
mance of its duties. The law "submitting
the question shall be published for the time,
and in the manner provided in the pre
ceding section as to proposed amend
ments. . . ; ,
ARTICLE XIV. .
LEGISLATIVE APPORTIONMENT.
Until otherwise provided by iaw Senato
rial and Representative districts shall be
formed, and Senators and Representatives
apportioned thereto, as follows : . . -
SENATORIAL DISTRICTS. i
District No 1 Shall consist of the coun-
tv of Richardson, and be entitled to one
Senator. . .
District No. 2 Shall consist of the coun
ty of Nemaha, and be entitled to one ben
ator. ......
Distrct No. 3 Shall consist of the
county of Otoe, and be entitled to two ben
ators. District No. 4. Shall consist of the
county of Cass, and be entitled to one Sen
ator. District No. 5 Shall consist of the
counties of Saunders and Sarpy, and be
entitled to one Senator. '
District No. C Shall consist of tbe
county of Douglas, aud be entitled to three
Senators.
District No. 7 Shall consist of the
county of Washington, and be entitled to
one Senator.
District No. 8 Shall consist- ot the
county of Dodge, and be entitled to one
Senator.
District No. 9 Shall consist . of the
counties of Cuming, Burt and Stanton, and
be entitled to one Senator.
District No. 10 Shall consist of tbe
counties of Dakota, Dixon, Cedar, L'Eau-qui-Court,
Antelope, Madison, Pierce and
Wayne and shall be entitled to oe sena
tor.
District No. 11 Shall consist of the
counties of Platte, Colfax, Boone, derrick,
Hamilton, Polk, ork and Butler, and be
ntitled to one benator.
District No. 12 Shall consist of the
counties of Saline, Seward and Jefferson,
and be entitled to one Senator.
District No. 13 Shall consist of the
counties of Johnson and Gage, and be enti
tled to one Senator.
District No. 14 Shall consist of the
county of Lancaster, and be entitled to one
Seaator.
District No. 15 Shall consist of the
county of Pawnee, and be entitled to one
Senator. '
District No. 16 Shall consist of the
county of Hall and all other' counties and
territory not included in any other aenaio
rial district, and be entitled to one Sena
tor.
REPRESENTATIVE DISTRICT.
District No. 1 Shall consist of the conn
ty of Richardson, and be entitled to fout
members.
District No. 2 Shall consist of the conu
ty of Nemaha, and be entitledto three mem
bers. District No. 3 - Shall consist of the
county of Otoe, and be entitled to six mem
bers. District No. 4 Shall consist of the
county ot Cass, and be entitled to four
members.
District No. 5 Shall consist of the
county of Sarpy, and be entitled to one
member.
District No. C Shall consist of the
county of Douglas, and be entitled to nine
members.
Dietrict No. 7 Shall consist of the
county of Washington, and be entitled to
two members.
District No. 8 Shall consist of ' Ihe
county of Burt, and be entitled to one mem
ber. District No. 9 Shall consist of the
county of Dakota, and be entitled to one
member.
District No. 10 Shall consist of the
counties of Cedar, L'Eau qui-Court, Ante
lope, Pierce and Wayne, and be entitled to
one member.
District No. 11 Shall consist of the
counties of Madison and Stanton, and be
entitled to one member.
District No. 12 Shall consist tf the
county of Cuming, and be entitled to' one
member.
District No. 13 Shall consist of the
county of Dodge, and be entitled to two
members.
District No. 'II Shall consu-.t of the
county of Colfax, and be entitled to one
member.
District No. 15 Shall consist of the
county of Platte, and be entitled to one
member. ;
District No. 16 Shall consist of the
counties of Butler and Polk, and be enti
tled to one member.
District No. 17 Shall consist of the
counties of Merrick, Howard, Sherman, Val
ley, Greeley and Boone, and be entitled to
one member.
District No. 18 Shall consist of the
county of nail, and be entitled to one mem
ber.' District No. 19 Shall consist of the
county of Pawnee, and be entitled to two
members.
District No. 20 Shall consist of the
county of Gage and be entitled to one
member.
District No. 21 Shall consist of the
county of Johnson, and be entitled to one
member.
District No. 22 Shall consist of the
county of Lancaster, and be entitled to
three members.
Distr ct No. 23 Shall consist of the
connty of Saunders, and be entitled to two
members.
District No. 24 Shall consist of the
county of Seward, and be entitled to one
member.
District No. 25 Shall consist of the
county of Saline, and be entitled to one
member.
District No. 26 Shall consist of the
counties of Jefferson and Thayer, and be
entitled to one member.
District No. 27 Shall consist of the
county of Lincoln, and be entitled to one
member.
District No. 28 Shall consist of the
counties of York, Hamilton, Clay, Fill
more and Nuckolls, and be entitled to one
member.
District No.- 29 Shall consist of the
county of Dixon, and. , be entitled to one
member.
District NoI 30 Shall consist of the
county of Kearney, and all other; counties
and territory not included in; any-other
representative district, and be entitled to
one member. -
SCHEDULE.
Section 1. . That no inconvenience may
arise trom tbe revisions and changes made
in the constitution of this State, and to
carry the same into ; effect, it is here
by ordained and declared that all laws
enacted, to take effect hereafter, and all
laws ia force at the time .ot the adop
tion ot this constitution, not incon
sistent . therewith, and all rights, ac
uous, prosecutions, claims . and con
tracts of this . State, individuals .. or
bodies corporate, shall continue to be as
valid as if this constitution had not been
adopted. ....
Sec. 2. All fines, taxes, penalties, and
forfeitures due and owing to the State of
Nebraska, or to the people thereof, under
the .present constitution and laws, shall
inure to the use of the people of ihe State
of Nebraska under this constitution.
Hec. 3. Recognizances, bonds, obliga
tions, and all other instruments entered into
or executed before the adoption of this con
stitution, to the people of the State of Ne
braska, to the btate ot Nebraska, to any
btate or county officer, or public body,
shall remain binding and valid, and rights
and liabilities upon the same shall continue;
and all crimes and misdemeanors shall be
tried and punished as though no change
had been made in the constitution of this
State.
Sec. 4. . All existing courts which are
not in this constitution specifically enumer
ated, and concerning which no other pro
vision is herein made, shall continue in ex
istence, and exercise their present j urisdic
tion until otherwise provided by law.
bEC, o. All persons now filling anv omce
or appointment shall continue in the exer
cise of the duties thereof, according to their
respective commissions, elections or appoint
ments, unless by this constitution it is oth
erwise directed.
Sec. 6. The district attorneys - now in
office shall continue during their unexpired
terms to hold and exercise the duties of
their respective offices in the judicial dis
tricts herein created, in which they sever
ally reside. In each of the remaining dis
tricts one such officer shall be elected at the
first general election, and hold his office
until the expiration of the terms of those
now in office.
Sec. 7. This constitution shall be submit
ted to the people of the Slate of Nebraska
for adoption or rejection at an election to
be held on the third Tuesday in September,
A, D. 1871, aud there shall be separately
submitted at the same time for adoption or
rejection the independent section relating
to the liability of stockholders in banking
corporations, companies and associations ;
the independent article prohibiting county
and municipal aid to corporations; the
section relating to compulsory education
and reformatory schools ; and the section
relating to inhibition and license, and the
section relating to the extension of the
right of suffrage.
At said election the qualified electors
shall vote at the usual places of voting, and
the said election shall be conducted and
the returns thereof made according to the
laws now in force, regulating general elec
tions, exeept as hereiu otherwise provided.
Skc. 8. The Secretary of State shall, at
least ten days before said election, cause to
be delivered to the County Clerk of each
county, blank poll-books, tally lists, and
firms of return, and twice as many of
properly prepared printed ballots for the
said election, as there are voters in such
county, the expense whereof shall be audi
ted and paid as other public printing order
ed by the Secretary, is by law required to
be audited and paid: and the several county
clerks shall at least five clays before said
election cause to be distributed to the
judges of election in each election precinct
in ineir respective counties, saiu uiaua pon
books, tally lists, forms of return and
tickets.
Sec. 9. At the said election the ballots
shall be in the following form :
NEW CONSTITUTION TICKET.
For all tbe propositions on this ticket
which are not cancelled with ink or pencil
and against all propositions which are so
cancelled.
for the new constitution.
f'For the independent section relating to
the liability of stockholders in banking
corporators, companies and associations."
"For the independent article prohibiting
county and municipal aid to corporations."
u For tbe section relating to com
pulsory education and reformatory schools."
"For the section relating to inhibition and
license." "For the section relating to the
extension of the right of suffrage.'
Each of said tickets shall be counted
as a vole cast for each proposition
thereon not cancelled with ink or pencil,
and against each proposition so cancelled,
and returns thereof shall be made accord
ingly by the judges of election.
Sec. 10. The returns of the whole vote
cast, and of the votes for the adoption or re
jection ot this constitution, and for or
against the articles and sections respective
ly submitted, shall be made by the several
county clerks to the Secretary of State,
withiu fourteen days after the election ; and
the returns of the said votes shall within
three days thereafter, be examined and
canvassed by the President of this Conven
tion, the Secretary of State, aud the Audi
tor, or any two of them, and proclamation
shall be made forthwith, by the President of
this convention, or the Secretary of Stale of
the result of the canvass.
Sec. 11. If it shall appear that a majori
ty of the votes polled are H for the
new constitution," then so much of this con
stitution as was not separately submitted to
be voted on by articles and sections, shall
be the supreme law of the State of Nebras
ka, on and after the eighth day of October,
A. D., 1871, but if it shall appear that a ma
jority of the votes polled were "against the
new constitution " the whole thereof, in
cluding the articles and sections separately
submitted, shall be null and void. If
the votes "for the new constitution" shall
adopt the same, and it shall appear that a
majority of the votes polled are "for the in
dependent section relating to the liability of
stockholders in banking corporations, com
panies and associations," said section shall
be a part of the constitution of this State,
and shall be substituted for section 7, of
in the article entitled "Corporations,"
otherwise such independent section shall
be null and void.
If the votes "for the new constitution"
sha'l adopt the same and it shall appear
that a majority of the votes polled are "for
the independent article prohibiting connty
and municipal aid to corporations," said
article shall be a part of the constitution of
this state, and shall be substituted for arti
cle number 11, entitled "connty and muni
cipal aid to corporations," otherwise such
independent article shall be null and void.
If the votes "for the new constitution"
shall adopt the same, and it shall appear
that a majority of the votes polled are "for
the section relating to compulsory educa
tion and reformatory schools," said section
shall be a part of the constitution of this
state, and be section 14, of article VII.
entitled "Education." : otherwise snch
section shall be null and void.
If the votes "for the new constitution"
shall adopt the same, and it shall appear
that a majority of the votes polled are "for
the Bection relating to "inhibition and "li
cense," said section shall be a part of the
constitution of this state and be section
4, of article XIL otherwise snch spctlnn
shall be cull and void.
If the votes "for the new constitution"
shall adopt the same, and it shall appear
that a majority of the votes polled are "for
the section relating to the extension of the
right of suffrage," said section shall be a
Eart of the constitution of this state and
e section number , of article number
, otherwise such section shall be null and
void.
; Sec. 1 2. The general election of this
State shall be held on the Tuesday sue
ceeding the first Monday of November of
each year. All state, district, county, pre
cinct and township officers, by the constitu
tion 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, dis
trict 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 excep
tion, shall be elected at tbe first genera!
election after the adoption of this constitu
tion, and thereafter at the general election
next preceding the time of the termina
tion of their respective terms of office.
Provided, that at the first election of
the jndges of the supreme court, herein pro
vided for, no elector shall vote for more
than two candidates for such offices, and the
three persons having the highest number of
votes shall be declared elected.
Sec. 13. The terms of office of all Stale
and county officers, of judges of the su
preme, district and county courts, members
of the legislature, and regents of the Uni
versity, shall begin on the first day of Jan
uary next succeeding their election.
Sec. 14. The present State and connty
omcers, members ot the legislature, and re
gents of the University, shall continue in
office until their successors shall be elected
and qualified.
sec. 15. ihe bupreme Court, tbe Dis
trict Courts, and the County Courts estab
lished by this constitution shall be the suc
cessors respectively of the Supreme Court,
the District Courts and the Probate Courts,
having jurisdiction under the existing con
stitution. '
Sec. 16. Thesupreme court and thedistrict
and the Probate courts now in existence,
shall continue and the jndges thereof, shall
exercise their powers and retain their pres
ent jurisdiction until the courts provided for
by this constitution shall be organized.
bee. 17. All cases, matters and proceed
ings, pending undetermined in the several
courts, and all records, judgments, orders
aud decrees, remaining therein, are hereby
transferred to, and shall be proceeded in
and enforced in and by tbe successors
thereof, respectively.
bEC 18. If this constitution be adopted,
the existing constitntion shall cease in all
its provisions.
bEC. 19. lbe provisions of this constitu
tion required to be executed prior to the
adoption or rejection thereof, shall take
effect and be in force immediately.
bEC. 20. lbe legislature shall pass all
laws necessary to carry into effect the. pro
visions of this constitution.
Sec. 21. On the taking effect of this con
stitution, all State officers thereby continued
in office, shall before proceeding in the fur
ther discharge of their duties, take an oath
or affirmation to support this constitution.
bC 11. Ibis 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 this State, and all futnre editions
thereof.
PROPOSITIONS SEPARATELY SUB
MITTED.
Liabilities of Stockholders in Hank
ing Lomanie; Corporations and Asso
ciations. Each stockholder in a banking corpo
ration, compauy, or association, shall be
individually responsible and liable to its
creditors, over and above the amount cf
stock by him or her held to an amount
equal to twice the entire amount of his or
her respective stock or shares so held, for
all its liabilities accruing while he or she
remains such stockholder.
Prohibiting Count; and Mitnicipai Aid
to Corporations.
No county, city, town, township or
other municipality shall ever become
subscriber to the capital stock of any rail
road, or private corporation, or make dona
tion to, or loan its credit in aid of such cor
poration, provided, however, that the adop
tion of this article shall not be construed as
affecting the right of any such municipal
ity to make such donation where the same
has been authorizedjunder existing 'Jaws by
a vote of the people of such municipalities
prior to such adoption.
Compulsory Education and Reformatory
schools.
The legislature may require by law,
that every child of sufficient mental
and physical ability, between the ages of
eight and sixteen years, unless educated by
other means, shall, in all cases when prac
ticable, attend a public school supported by
the common school fund, for some definite
length of time each year to be fixed by
law, and may establish a school or schools
for the safe keeping, education, employ
ment and reformation of all children under
the age of sixteen years, who for want
of proper parental care, or other cause,
or who are growing up in medicancy,
ignorance, idleness, or vice, which school
shall constitute a part of the- system of
common schools.
Inhibition and License,
The legislature shall provide by gen
eral law for submitting to the electors
of counties, cities or towns in the State, the
question of "inhibition" or "license" for the
sale of intoxicating liquors, and shall pre
scribe the manner of carrying into effect
the will of the people bo expressed.
extension oj the KigM oj suffrage.
The legislature may extend by law. the
right of suffrage to persons not herein
enumerated, but uo such law shall be in
force until the same shall have been sub
mitted to a vote of the people at a general
election, and approved by a majority of all
the votes cast on that question at such
election.
Done in Convention at the Capitol in the
city of Lincoln, on the nineteenth day of
August in the year of our Lord, one
thousand eight hundred and seventy one,
and of the independence of the United
States of America the ninety sixth. In
witness whereof, we have hereunto sub
scribed our names.
SILAS A. STRICKLAND.
President.
D. T. Moore,
Johm C. Mrxas,
I). J. McCas.v,
Job D. htuon,
B. J. NlWSON,
Jas. E. Philpott.
Bauiila Pbict,
II. M. Kxisoli,
SlTH ROBIXSOX,
R. F. Htttinso, '
Bux 8. Stswabt,
A. L. Spbagce,
Hilbebt B. BeoririD,
Cso. A. 8PI1CE,
Jacob buktr.
O. A. Abeott,
M. Ballabd,
J. K. Bor,
John Mkuox Cassxix,
W. If. Ctbtib,
Johx C Cahaezu,
Jambs W. Kato, - . .
PELHAX S. OIBB8,
ExriBmtcc Kjtabbook,
Geo. C, GBAiroiat,
Kdwix S. Gbbssll,
Kxos T. Gbat,
M. K. Glioas,
Isaac S Hascal,
B. I. Hixxas,
J. A. KlXAffTOX,
Jamb Kblbtbx,
S. St. KlBKrATBICK,
Geo. B. Lake,
Waldo Lyo,
8. P. Hajobs,
O. P. Masos,
Chables F. SIaxdebsox,
Sakex, Maxwell,
K. W. TnoM.ic.
Geo. If. TBrimet,
'. A. Thdkl, Jb.,
Enwia 9. Towlb,
Vic tub Vifqcais,
KLTATEB WaKCLKT,
A. J. WlAVU,
Jobs Wiuow,
James M. Wooiwobtr.
Attest .-)
L. L. IIOLBROOff, 8cerett7
Lous E. Cbopset, AhgiAttut Secretary.
James Gordon Bennett, Jr., spent
$125 '000 in yachting, last year.
The best cures for sulks, Judy
eays, are silks.
By advice of his physicians Ole
Bull will not appear in the concert
rooms this season.
Congressman Dawes, of Massa
chusetts, is in the Yo Semitf coun-trv.
Beecher on the Orange Parade.
Henry Ward Beecher says, ia the
Christian Union of this week : The
Orange societies should parade next
year without a banner less or one
inscription robbed oat. They should
not do it on an implied promise that
if protected for onco they will then
do it no more. They ought to move
through tho streets of New York
until nobody thinks of molesting
them. When tho time arrives it
will bo an attempt of no public im
portance whether the annual pro
cession is kept up or not. But as
long as a dog wags his tongue
against an Orangemen's procession,
or a bewildered magistral forgets
his duty toward them, the public
good requires their continuance. If
the Orangemen of New York do not
next year march through the streets
of the city' they will betray a sa
cred duty. By accident they have
become representatives of a princi
ple which lies at tbe foundation of
modern civilization. They do not
uow represent a spent fact in his
tory, but a living principle. It is
not the Battle of the Boyno in Ire
land, but the question of liberty in
New York.
AH Sorts.
An African giant, eight feet high,
is on his way to America.
Greoly has never seen a horse
race, lie drops on asleep as soon
as the judge raps "go."
Nillison's horsemanship delights
tho Newporters.
Milliners say that the now winter
bonnets will be very stylish.
nigh London collars ara now
worn by both gentlemen and Jadies.
Under a new Stato law, the coal
carts in Philadelphia are being in
spected and marked with a stamp
denoting their capacity. Ihe law
prohibits the delivery of eoal in
unstamped carts after the 1st of No
vember next.
.Richmond, Ya., was filled, for
several hours on Thursday evening
cf last week, with various kinds of
birds, which battered their heads
against lamps and windows as if
striving to seek shelter from some
apprehended harm.
A prominent rnilaueipnia ship
builder has offered to a party of gen
tlemen about to build, that for the
same monoy the yacht Columbia
cost (tG0,000) he will give them a
boat that will boat eitber tbe Lmunt-
ess, Sappho, or Columbia, nnder a
forfeiture of $20,000.
A drove of three hundrod buffalo,
one day last wccic. wnue neeing
rom an approaching train on the
Kansas Pacific X?oad, ran wildly
through tho village of Fossil Creek.
The inhabitants brought out their
guns and pistols, and made it red
hot for them.
An early death has befallen the
nembers of a California ring. A
"reliable gentleman" tells its brief
story how he picked up two dead
water snakes which had partially
swallowed each other. Each snake
had commenced swallowing the oth
er s tan, ana rney conunuea me
operation until their heads met.
At all limes of the day a number
of boys from 10 to 16 years of age
a
can do touna Datning near in
Niagra whirlpool. Often some of
the more daring jump on the logs
which are always found making the
circuit, and float clear around tho
pool, jumping off when they are
ought near the cove on tho Cana
da side.
A larce piece of coal fell on a
Virginia minor the other day, and,
crushing him to tho ground, foreed
the stem of his pipo through the
roof of his mouth and out of the top
of his head. This is the story told
by a Virginia paper, and it adds
that the man is still alive, and is not
considered mortally injured.
In driving a London underground
railroad tunnel, we are told that in
one part of the line the cuttings
were made through a mass of skulls
and bones, sixteen feet in tna
ground. In another place a forgot
ten secret passage, twenty ; ieet
wide, was discovered, supposing to
date from the fourteenth century.
A day or two ago, a horse down
n Maine backed a carriage, contain-
ng two ladies, off a bridge, and tho
whole establishment fell ten leet
down into a brook, two feet deep.
Neither tho ladies, horse, carriage,
nor harness snffered injury, and
after extricating themselves tho
adies got tho team out and drove
on.
At one of our Sunday Schools
ast Sunday, tho Superintendent was
reviewing tno lesson anu w wun
ine of the verse, reading "Let your
. . 1fLA.
oins be giraea ana your ugma warn-
ing. lie aSKOU iue iiueauou. wiiy
are we commanded to gird our loins.
One little sharp fellow sang out!
To keep your breeches up. Iowa
Falls Sentinel.
The editor of the American Me
chanic has encountered trials un
known to ordinary men, just near
his wailings : "Owing to the fact
that our paper-maker disapointedus,
the failure of the mails deprired'tis
of our exchanges, a Dutch peddler
stole our scissors, the rats ran off
with our paste, and the devil went
to the circus while tho editor was
at home taking care ol the baby,
our paper is nnavoidatny postponed
beyond the period ef publication." .
r "R Hale, at the recent celebra
tion in honor of Miles Standish; be
ing called to respond to tho .toast,
"Koso Standish. the type of Ameri
can woman," said that the women
who camo out in the Mayflower
solved the problem of emigration.
All efforts to colonize this country
had failed until they came. The
men who came out before did not
succeed because they ' left their
homes behind. The puritans suc
ceeded because they brought their
Rose Standishes with them.'
Sir Walter Scotts's wife express
ed herself with regard to her hus
band's indiscriminate ..hospitality,
by remarking that she saw no dif
ference between Abbotsford and
large hotel, except that at the for
mer nobody paid.