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About Nebraska herald. (Plattsmouth, N.T. [Neb.]) 1865-1882 | View Entire Issue (Aug. 31, 1871)
HERALD STJPPLEMENT-The New.. OonstitutiorL 0 f - tb.ec State of, Nebraska. -PREAMBLE. J l : J ; We, tlie people of the State of Nebraska, . grateful to Almighty God for tbe civil, polL . tical, and religious liberty, which He . oath so long permitted us to enjoy and .looking .to Him'lor a blessing upon our endeavors - to secure and transmit the same unimpaired to-' succeeding generations, in order to form tnore- perfect government, establish jus- - lice, insure domestic tranquility, provide for - the- comirmn defense, promote the general " welfare, and secure the blessings of liberty to ourselves and our. posterity, do .ordain 'and establish th.i Constitution for the ,State, ""of Nebraska.1 , ot lt:n?.& ') . r ' ' 1 i Jcfi JOT ARTICLE I, r.JLt, or 'EIGHTS. v ..J.SiVT' l.'.fVU;inei,rei by. nature; free -.and raibipendcnf, and have certain iuherent Tand"Tir..lienaUe rights y among . these , ar life, -liberty .fcu'd 'the pursuit ,of happiness. ' 'To secure these rjgtrts, and the protection ot property', governments are instituted among , . metvderirifig 'their' just powers from" the . .-eonentt'tfae ffOTBTnod. ; .' ) ': !" : 0-r,.SEi..2;jNp ipe8on:: "hall be. deprived, of -liiiv JiBejrtT or property, without due process -". .of faw.,!V-.. . . - -.: ' i- t Se. :X Th'frco expreUe mid enjoy aieut ot religion? profession and worship, without 'discrimination, 'shall forever be guaranteed ; Kand nopefson shblt be denied any civil or .rpflliticnbnritfbt, privilege .' or capacity, on a account of his religious opinions j but the liberty of conscience hereby secured shall not be coustrutodi5jenc with oaths or affirmations, excuse. at of licentiousness, or iustlfv .practices inconsistent with the peace and safetv "of the State,' "No person shall be required to attend or support any ministry or place of worship 1 tior shaft any . preference be given, by law to any religious denomination or mod o o. worship. -Sec. 4. Every person may freely speak " write and publish on all subject?, being re sponsible lor the abuse ot that Jiberty ; nnc 4 in all trials for.Jjbel both civil and criminal the truth, when published with good motiVvi and for justifiable ends, shall be a, sufficient . .8C. fc.i -The -'right of trial by jury-' as heretofore enjoyed, , shall remain inviolate 3utthe trial of civil cases aud1 roisderuean O'rs before Justices of the .Peace t and iufe "--rior magistrates, by 'a "jury (6f less than twelve men, -may be authorized by law. u- Sec? G.' Theright tf the people ; to be secure Ja their persons, bouses, papers and effects, against unreasonable searches and seizures, shall. t not be violated : -and warrant shall issue without probable cause, "supported by affidavit particularly describ- mg the- place to c searched, ana tbe per son or tain? to be seized.- i Bkc. 7. All persons : shall be bailable by , sufficient sureties, except for treason" and murder, where the woof is evident or- the presumption great:-. and the privilege of the writ of -habeas corpus shall uot'bo'sus " peiided, "unless i:whet,' In case', Cf rebefiio:: anwAfiira'' ilia VA 1 t) 1 - a ff T rr 9 -fri rt Vita t- No bersoB . ishall ) be theld '1o answer lir & : criminal. bfTeuce, .except 1 in cases in. which , the punishment is by Cue, 'or imprisonment otherwise than; in the Pen itentiary, iu cases of impeachmout.'and f .i.-aseS- arising in the army - or navy, or in the militia when in actual service in time of; war or public daugeXi unless on a pre sentment or indictment of a grand jury, or T - . , iDiormauon 01 1 a duduc proaccuior: nou provision shall be made ' by law for the im pannelhig of grand 'juries,': wherever the respective courts or the judges thereof shall orler. ...-v.. . . : . ,Sec. 'J. In all criminal prosecutions. the accused shall have the fight to appear and defend iu person, and by counsel, to demand the patire and cause of accusation,' and ,to have a copy thereof r to meet the witnesses face to; face I 'arid to have process to compel the attendance of witnesses in his behalf and a speedy, public trial by nn .-impartial jury of the county or district in which the offence is. alleged .to have been committed. SEt'.'lO. No pir-rsori.sliall W ' cnrapellel i&'ibhj i cHramal ase - to give eKlence against himself, or be twice: put -in jeop- ardy for. the same' onensci ,, Ska:. 1L AH : penalties. shall' be urorxV tiyued 0-the nature ot the offeuse; and no conviciion snau woric corrupuoa. ot iioou or forfeitnfe of estate ; nor shall any person be J transported out 6 f the State for. any offense committed within the" same: nor hall cruel and unnsnal pnnishments'-be in ihcted ,'A- Sr.r. 12. .No person shall be imprisoned f6r 'debt arising 'out of or founded on a contract express or implied,' except in rises where there is strong presumption of fraud. ' .Sec;. 13. Private property -shall ever' be held inviolate, hut subservient to the public welfare.,,- l hen taken, or damaged, iu time of fwaf r o , other, public ; exigency,, im peratively .requiring its immediate seizure, or ror the purpose of making cr repairing roads, which shall be ' open to the pub He.: without! charge, a compensation shall lie- maue 10 ue owners id money ; and in all other cases, a compensation hall,be first made in money," or first secured by deposit ot . money. buch compensation shall in every case be without deduction for benefits to any breperty of the owner. and. when not made by ; the State, hall be as sessed bj a jury in. such manner as shall be prescribed bv law. . The fee of land . taken by railroad tracks, without the consent of tho -owners "thereof, ishall remain in' such owners,, subject to the nse for which it was taken . l hJ ','- ..',.!..:: 1 Sec. 14.. No ex vcutl facto-aw. ox law impairing .the obligation of contracts! or making any irrevocaoIe;; grant ,of. special privileges or immnniiies snail be passed. sec. 10. llie military shall be w strict subordination to the civil power. : ' - T-- Sec' 1C. No soldier shall iu time! 'of peace, be quartered in any house without the consent of ( the. owner ; nor in time of war, except m ine manner prescrioea by law.: .-. :.',,;;.;-. Site; 17. . The-people have the right to assemble-, in a peaceable manner to consult for the common qod, to make known their opinions' to ; their , rep'resentaGves. ( and to apply for a redress of grievances? r 8ec.'lAn elections shall be free ; and there shaltbe no hindrance or impediment to the right of a qualified roter to exercise the elective franchise. . -, Sec. 19. Treason against the State shall consist 'only in levying war against the State-, 0 hi adhering to its enemies, giving then, aid and comfort. No person shall be convicted of treason, nnless on the testimo ny .of two witnesses, to the same overt act, or oa conessioo In open court.' ,.." V" r 'S?ce'..20; The writ of errror shall be'a wnt : bf right in all cases of felony and, in all capital eases, hatl operate as a so peraedeasi.to "stay : the-execution, of thi sentorce.of death, until the further order of the aapreme eoirt 10 tbe premises.- -Etc. 2JL. .The. privilege of the debtor," to enjoy the necessary, comforts of life, shall be recognized by wholesome laws,' exempt ing a reasonable amount of property' from seizure, ot sale, for the payment of any debt Aliens who are, or may,, her State;shaTl epj6y "Ine same rights, in rej-. peev to 1 my possession, ' enjoyment, and in heritage of provierty, as native bora fatb Sec,' 23.. All courts: shall be open, -and every. person, for any injury done him in lis Jahdj goods, person or reputation, shall iave 'a remedy by due course of law and 'ustieei administered without denial or 6e ay;. his J:ic:iOVi V, ; . ::;.:- i ' ;, Sec. 24."A frequent recurrence. to the fundamental principles of civil government is absolutely ' necessary to . preserve the bleteings1 of liberty.- - ' i: '. , ;.' ' Stc. -r25. This 'enumeration ot rights shall not be construed to impair, or deny others retained by the )eoplc; and all pow-j era notjiereia delegated -jemaio .wUft-tae people. ; ARTICLE II- . ' . msTniBrTtox or powers. . ' StcTios 1.. The powers of the govern ment of this state are divided into three distinct departments, the legislative, execu tive and judicial, and no person or collec tion of persons being one of these depart ments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted. ; 1 : ARTICLE III. .' "'' 'the legislative depautmekt.'. Section 1. The legislative authority is veed in a senate and house of represent tives. -: '. '' ' Sec, 2. The legislature shall provide by law for an enumeration of the inhabitants of the State, in the year 1872, and: every two years thereafter, uutil the year 18 T3 in. elusive. After the year 1880, it shall pro vide for an enumeration in the year 1885, and every ten years thereafter, and at its first regular session after each enumera tion, and also after each enumeration made by the authority of tbe United States, but at no other time, the legislature shall ap portion the senators ai.d representatives, according to the number of inhabitant?, excluding Indians not taxed, and soldiers and ollicer3 of tbe United States army and navy. ' ':' - ' Ski. 2. J11 waking the apportionment .for senators, each county having three-fifths of the senatorial ratio, fcluill be entitled to one senator and be a senatorial district. Kach county entitled to one or more senators, and having a surplus of .three-fifths of such ratio, shall be entitled to an additional sena tor therefor. Contiguous counties, noono of which has three-fifths of the senatorial ratio, shall be formed into districts contain ing, respectively, as near as practicable the full ratio, nd": not less . than three-fifths thereof. ' : .-.!'! ;..-.. SE(v-t..UeTresetitatives shall bo chosen by districts of convenient, contiguous terri torv. as compact as may be,- to bo defined by law. J'.ach county naving tnree uins 01 theTatio. shall beeutitled to one represen sative, .liach county having : a surplus of lU.nn I, I r 1 . i 1 1, n FQ 1 11 U h Q 1 1 OntltlOfl T d . -. . 1 11 1 . . . 1 . . oue additional representative. ; A '. county having -..less than three-fifths of the ratio, shall be joined with One or more like coun - ties, to form a representative district, con- tainiug ns .nearly as practicable the lull ratio, and not less, than three-fifths thereof, and no county therein shall be included in any other representative district, uui no couuty shall be divided for the purpose of attaching a part thereof to another county iu forming a representative district. Sec. 5. The first house of representatives shall consist ot fifty-seven members, and the first senate shall coasist of uineteen members. After the first election, the Dim ber of members ot each house shall be reg ulated by law, but the number of represen tatives shall never exceed one hundred, nor that of senators, thirty three. Until the year 1873, representatives shall be chosen: for one year, and thereafter for two years. . Sen ators shall be elected in the year 1871 for one year, and thereafter for two years. ) Sec. 6. Members of the legislature shall receive for their services four dollars per day, and mileage at the rate of ten cents per mile, for each mile necessarily traveled in going to, and returning from the Capital. Ihe speaker ot the house shall receive twice the per diem of members Sec. 7. No person shall be a senator who shall not have attained the age of twenty-five years! aud have been an inhabl tant of the state two years next before hi3 election, and the last year thereot, an inhab itant of the district for which he shall be chosen, unless he shall have been absent on the1 public busiuess of the United States, or of this state, and no person elected as aforesaid, shall hold his office after he shall have removed Irom such district, ' " Sec. 8. No person being a member of Con gress, or holding any office under the United States, or any lucrative Office under the authority of this state, shall be eligible to, or have a seat in the legislature ; but this provision shall not extend to postmasters, whose annual compensation shall not exceed three hundred dollars, nor to township or precinct officers, justices of the peace, nota ries publie or onicers of the militia, And if any person shall after his election as a member bf the legislature, be elected to Congress, or appointed to any office, civil or military under i the government of the t mted States his acceptance thereof shall vacate his seat, .- - Sec. 9. The session of the ' legislature shall commence at 12 o'clock, noon, on the first Tuesday in January a the year next ensuing the election ot members tbereor, and at no other time, unless as provided by this constitution. A majority of tbe mem bers elected to each house, shall constitute a quorum. r.acn 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 ohi cers : and the senate shall choose a tempo rary president, to preside when tbe lieuten ant governor shall not attend as president, or shall act as governor. The secretary of state shall call the house ot representatives to order, at the opening of each new legis lature, and preside over it until a temporary presiding olhcer thereof, shall, have been chosen, and shall have taken his seat. No member shall be expelled by either house, except by a vote ot two thirds of all the members elected . to that house, and no member shall be twice expelled for the same offence. Each house may. punish bv im prisonment any person not a member there of, who shall be guilty of disrespect to tbe honse, by disorderly or contemptuous be havior in its presence, but no such itnpris onment shall extend ' beyond twenty four hours at one time, unless the person shall persist in such disorderly or contemptuous behavior, v Sec, 10. The mode of organizing the house of representatives at the commence ment of each regular session shall be ; pre scribed by law. dec. 11. Members of the legislature .be fore they enter upon their official duties, shall take and subscribe the or affirmation : ' "I do solemnly swear (or affirm) that I will support the constitution of tbe United States and the constitution of the' State of VA..A. .1 ri i .T.vr. .Tl J r U - T I Nebraska, and will faithfully discharge the duties of senator (or representative) ac cording to the best of my ability, and that l bave not knowingly or intentionally paid or contributed anything, or made any pro mise in tbe nature ot a bribe, to directly or indirectly influence any vote at the election at which I was chosen to fill tbe said office, and have not accepted, nor will I accept or receive, directly or indirectly, any mosey or other valuable thing, lrom any corporation, company, or person for any vote or influ ence I may give or withhold, on any bill, resolution, or appropriation, or for any other othcial act." This oath shall be adminis tered by a judge of the supreme, district, or county court in ' the hall of the. house to which the mpmWr i rtwi- nd th - ' i-- 7 1 retary oi aiace snail record and nie Ue imm Bumcnueu dj eacu memocr., .Any niemoer wno snau reiuse 10 lase ine oatn I nerein prescrioea, snau torieit bis onice, and any member who shall be convicted of haying sworn falsely to, or of violating his C . 1 , sMh akAll 1 . I.. a . 1) . n .1 . I after be disqualified from holding any office o lunciv uia unite, uuu mere- ot prout or truai ihotate.--' " Sec. 12. Each house shall keep a journal of its proceedings and publish ' them, (ex cept such parts as may require secresyl and the yeas and nays of the members on any question, shall at the desire of any two of them, be entered on the journal. All votes I in either house shall be-rfro voce. " The -wro w c.u uuu nuu vi vumiBiueea oi Bucn election. The legislature shall pro the whole, shall be open, nnless when the ride for the publication of said law, for Business shall be suca as ought to be kept secret. - Neither house shall, without the consent of the other, adjourn for more than three days. Sec. 13. Any bill may originate in either house of the legislature, except bills appro priating money, which shall originate only in the house of representatives; and all bills passed by one house, may ba amended by the other. ' ' Sxc 14. The enacting clause1 of a law, shall be : "Be it enacted by the legislature of the State of Nebraska ;" and no law shall be enacted except by bill. No bill shall be passed, nnless by the assent of a majority of all the members elected to each house of the legislature : and the question upon the final passage shall be taken imme diately upon its last reading, and tbe yeas and nays shall he entered upon the journal, Se 15. Every bill and concurrent reso lotion, shall be read at large on three differ ent davs, in each house, and the bil', and all amendments thereto, shall be printed before the vote is taken upon its final pas sage. The presiding officer ot each house shall sifn in the presence of the house oyer which he presides, while the same is in ses sion, and capable of transacting business all bills, and concurrent resolutions ' passed by the leirislature. . . . &ec. 1G. Members of the Itnslatu'e, 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 davs next before the commencement and after the termination thereof. rc. 17. iSo person elected to the Iegis future, shall receive any' civil appoint ment within this State, from the Governor and senate, or from the legislature daring the1 terra for which he has been elected and all such appointments, and all votes given for any such ' member for any such office or appointment, shall be void : nor ' shall any member of the legislature or any Pt--t officer be interested either direct'- - -:n-ctly in any contract wiih ' o (ir. t: -afiy- county thereof, an thiMi' ' sriy iaw passed during the term ' r .-!iivti he snail hare been elected; or within one year after the expiration thereof SeC. 18. The house of representati res shall nave tbe-sole power of impeachment but a majority of all the members elected must concur therein," All impeachments shall be tried by the snate. -and 1 . A ... I w V. M n aillmif t,OT Ihnt - hn.niiA the senators shall be upon oath I affirmation to do justice according to law J and evidence. When the governor of the or state is tried, the chief justice shall preside, No person shall be convicted, without the concurrence of two thirds of the senators elected ; but judgment in cases tf impeach i mem shall not extend further than to re- moval'frem office, and disqualification to hold and enjoy any office of honor, profit, or trust under this state ; but tbe party im peached, whether convicted or acquitted, shall nevertheless be liable to prosecution and punishment according to law. . No officer shall exercise bis office after he Bhall have been impeached and notified thereof, nntil he shall have been acquitted. ec. 19. ihe Legislature shall not pass local or special laws in any of tbe follow ing cases ; that is to say ; for granting di vorces; changing the names of persons or places ; laying out, opening, altering and working roads or highways ; vacating roads, town plats, 6treets, alleys . and public grounds ; locating or changing county seats ; regulating county and township affairs regulating the practice in courts of justice : 1 regulating the jurisdiction and duties of justices ot the peace, police magistrates and constables; providing for changes of venue in civil and criminal cases; incorporating cities, towns, ana villages, or changing or amending the charter ot any town, city or village; providing for the eleeuou of om- cers in townships, incorporated towns, or cities ; summoning and impannehng grand or petit juries: providing lor tbe manage ment ot common schools; regulating the rate of interest on money ; the opening and conducting of any election, or designating the place of voting; the sale or mortgage ot real estate belonging to minors, or others under disability ; the protection of game or nsh : chartering or licensing terries or toll bridges ; remitting- fines, penalties or for feitures : creating, increasing or decreasing tees, percentage, or allowances of public omcers, during the tTm for which said ofh cers are elected or appointed ; changing the law ot descent : granting to any corpo ration, association or individual the right to lay down rail road tracks, or amending ex isting charters for such purpose ; granting to any corporation, association or individ ual, any special or exclusive privileges, im munity or franchise whatever. In all other cases where a general law can be made ap plicable, no special law shall be enacted. oec. zu. i ne legislature shall never grant any extra compensation, to any public officer, agent, servant ' or contractor after the services shall have been rendered, or the contract entered into ; nor shall the compensation of any public officer be in creased or diminished during his term of office. : Sec. 21. The State shall never pay, as sume or become responsible for the debts or liabilities of, or in any manner give, loan or extend its credit to, or in aid of, any public or other corporation, association or individual. a Sec. 22. The legislature shall have : no power to release or relinquish, in whole or in part, the indebtedness, liability or obliga tion of any corporation or individual to the state, or. to any municipal corporation therein. Sec. 23. . The ' Legislature shall never alienate the salt springs belonging to this state, but may dispose of the lands connec ted therewith, or purchase other cor tign ous .land, for the purpose of developing said springs, but for no other purpose. oec. 44. ihe legislature shall maks no appropriation of money out of the treasury in any private law. Bills making appro priations lor tbe pay ot members and oni cers of the legislature, and for the salaries of the officers of the government, shall contain no provision on any other sut ject. oec. Zj. Ao money shall be drawn from the treasury, except in pursuance of specific . appropriation made bylaw; and on the presentation of a warrant issued by the Auditor thereon ; and no money tihafl be diverted from any appropriation made for any purpose, or taken from any fund whatever, either by joint or separate reso lution, j he auditor shall, within nxtv days after the adjournment of each session i ... ..... of the legislature, prepare and publish full statement of all monies expended at such session, specifying the amount of each item, and to whom and for what paid Sec. 26. Each legislature shall provide tor all the appropriations necessary for tbe ordinary and contingent expenses of the government. . nntil the expiration of the first fiscal quarter after the adiournmect of tne next regular session, the aggregate amount oi wuicn shall not be increased ithout a vote of two-thirds of the mem bera elected to each bouse, nor exceed the amount ot revenue authorized bylaw to be raised in such time ; and all appropriations requiring money to be paid out of the state treasury, from the funds belonging to the state, shall end with such fiscal nuarter : rro DiAtr, oiiii cuu wivu dulu us Tided the state may, to meet casual deficits or j i taUures in revennes, contract debts never to exceed in the aggregate two hundred and fifty thousand dollars; and moneys tins borrowed shall ha nni;l t th for which they were obtained, or to pay the lit... . . " aeui inus created, and to no other nnrpose : ana no otner aeDU except lor tbe purpose of repelling invasion, suppressing insurrec tion, or defending the state in war, for the payment of which the faith of the state shall be pledged, shall be contracted, nnless general election, have been submitted to the neonl and fcav rviwl minri r t,. me iaw authorizing tne same shall, at a rote east for mmW nF !.. l.nDi.inM three moDths at least, before the vote of the people ifiaTl be taken" upon the same ;'and provision shall be made, at the time, 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. And provided further, that the law levying the tax shall be submitted to the people with the law authorizing the debt to be contracted. Sec. 27. The legislature may declare the cases in which any office Ehall Le deemed vacant, and also the manner of filling the vacancy, where no provision is made, for that purpose in this constitution. :. Sec. '23. The legislature shall provide by law for the suppression of vice and immor ality in this state, and shall never authorize any games of chance, lottery or gift . enter prise, under any pretense or, for any purpose whatever. ..... Sec..29. The legislature shall provide by law, that the fuel, stationery, and printing paper furnished for the use of the state ; the copying, printing, binding and distributing ot the laws and journals, and all other print ing ordered by the legislature, shall be let by contract to the lowest responsible bidder; but the printing and binding shall be done within the state, and the legislature shall fix a max imum price. All such contracts shall be subject to the approval of the governor, and if he disapprove the. same, there shall be a re-lettingxf the contract in such manner as shall be prescribed by law. ' Sec, 30.. The Governor shall issue, writs of election to fill such vacancies as may occur in either house of the legislature. ; ' . Sec. 31. No member of the legislature shall be liable, in any civil action or crimU nal prosecution whatever, for words spoken in debate. ' ' .. , .. ' Sec' 32. No act shall take effect until the first day of July next after its passage, unless, in case of emergency, to be express ed in the preamble or body of the act, the legislature shall by a vote of two-thirds of all the members elected to each house, otherwise direct: nor shall any act take effect, until it shall have been published in accordance with law. ''' ' . .1 . V. i -ARTICLE IV. ... ' - ' ' THIS EXECUTIVE DEPARTMENT. '1 ' '' Section 1,' The executive- department shall eonsist of ' a governor, lieu tenant governor, secretary of state, auditor of public accounts, treasurer, superinten dent of public instruction, attorney general and commissioner' of public lands 1 and buildings, who shall each hold bis office for the term of two years from the first day of January next after his election, and' Until his successor is elected and qualified.' ' Pro vided however that the first election of said officers shall be held on - the tuesday succeeding the first monday in november 1871, and the officers then elected, shall each hold his office for the" term of one year, and until his successor is elected and qualified. 1 bey shall, except the lieuten ant governor reside at the seat of govern ment during their term of office, and keep the public records, books and papers there. and shall perform such duties as may be prescribed by law. Sec. 2. The treasurer shall be ineligible to the office of treasurer for two years nex after the expiration or two consecutive terms for which he was elected. Sec. 3. The officers of the executive de partmeat Bhall after the first election here inbefore provided for, be elected at the gen eral election for members of the house of representatives to be held iu the year 1872 aud every two years thereafter, at such times and place? as may be prescribed by law Sec. 4. The returns of every election for the above named officers, shall be sealed up and transmitted, by the returning officers, to the secretary ot state, directed to tbe speak er 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 . maiority of each house of the legislature, who shall ' for that purpose, assemble in the ball ot tbe house' ot re pre sentatives. The person having tbe highest number of votes tor either ot said offices shall be declared duly elected,' but if two or more have tin eqnal, and the highest number of votes, the legislature shall by joint ballot choose one of such persons for caid omce. (Jontested elections lor all of said offices, shall be determined by both houses of the legislature, by joint ballot, in such manner as may be prescribed by law Sec. 5. No person shall be eb'gible to the office of goverror .or lieutenant governor, who shall not nave attained the age of twenty-five years, and been . for two years next preceding his election, a citizen ot tbe tunned States and of this state. Neither the governor, lieutenant governor, auditor of public . accounts, secretary of state, commissioner ot public lands and buildings, superintendent of public instruc tion nor attorney general, shall be eligible to any other officer during the period for which he shall have been elected. oec. ti. ine supreme executive power shall be vested in the governor, who shall take care that tbe laws be faithfully execu ted. . - Sec. 7. The governor shall at the com mencement of each session, and at the close of his term of office, and whenever tbe legislature may require, give to the legislature information by message of the condition ot the state, and shall recommend such measures as he shall deem expedient, Ue shall account to tbe legislature, aud accompany his message with a statement of all moneys received and paid out by him, irom any iunus suojec. to nis oraer, with vouchers, and at the commencement .of each regular session, present estimates of the amount ot money required to be raised by taxation lor all purposes. & ec. a. Ihe governor may, on extraordi nary occasions, convene the . legislature by proclamation, ttating therein the purpose for which they are convened, and the legis lature shall enter upon no business except that for which they were called together. Sec. 9. Iu case of a disagreement be tween the two bouses, with respect to the time of adjournment, the governor may, on the. same being 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, (a majority of all the senators elected concurring by yeas and nays) - ap point all officers whose ; offices are esta blished by this constitution, or which may be created by law, and whose appointment or election is not otherwise provided for ; and no such officer shall be appointed cr elected by the legislature. 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 meet ing of the senate, when he shall nomiuate some person to fill such office, and any per son so nominated, who is confirmed by the senate (a majority of all the senators elec ted concurring by yeas and nays) shall hold his office during the remainder of the term, and until his successor shall be appointed and qualified. No person after being rejec ted by the senate, shall be again nominated for the same office at the same session, unless at the request of the senate, or be appointed to the same office during the recess of the legislature. , . i oec. II. 1 be governor shall bave power to remove any officer whom he may appoint, in case of incompetency, neglect of duty, or malfeasance in office ; and he may de clare his office vacant, and fill the same as herein provided in other cases ot vacancy. sec. 13. The t-overnor sball have the power to grant reprieves, commutations and pardons, after conviction, for all offences except treason and cases of impeachment, upon such conditions and with such restric tions and limitations as he may think proper. subject to such regulations as may be pro vided by law, relative, to the manner of applying for pardons. Upon conviction for treason, he shall have power to suspend the execution of the sentence, until the case shall be reported to the legislature at its next meeting, when tbo legislature shall either pardon or commute tbe sentence, direct the-execution ot -the sentenco or grant a further reprieve. lie shall annual ly communicate to the legislature each case ot reprieve, commutation or pardon granted stating the name of the convict, the crime of which he was convicted, the sentence and its date, aud the date of the reprieve commutation or pardon.. - In cases of con viction upon impeachment, the legislature may remit so much of the sentence as shall disqualify the convicted person from holding office. - . fcEC. 11. ihe governor shall be com mander-in chief of the military and naval forces of the state (except? when they shall be-ca'led into the serv ce of the. United States) and may call out the same to cxe cute the laws, suppress insurrection, and repel invasion. I . ;;SKCv 15. The governor and all civ officers ol this state, shall be liable to im peachment for any misdemeanor in office , Sec. 16. Every bill passed by ihe legis lature betore it becomes a law,, and every order, resolution or vote to which the con currence ot both bouses may be necessary (except on a question of adjournment shall be presented to the governor. If he approve, he shall sign it, nnd thereupon it shall become a law; but it lie do not-ap prove, he shall return u with his objections to the house in which it ; bhall have origi Dated, which house shall enter the. objec tions at large upon its journal, and proceed to reconsider the bill. - If then two thirds of the members elected agree to pass th same, it bhall be seut together with tbe ob jections to tbe other house, by which shall likewise be , reconsidered, and it . ap proved by two thirds of tbo members -elect ed to that house, it shall become a law not withstanding tbe objections of the governor. But in ' all such cases, the' vote of each house sball be determined by yeas and nays to be entered upon the journal. Any bill which shall not - be returned by the gover norwitbm five .days ibundays excepted after it bhall have been presented to him shall become a law in tike manner as it lie bad signed it; uuless the legislature bv their adjournment prevent ita return : in which case it shall be filed with hi3 objec tions iu tbe othce of the secretary ot state withiu five days after such adjournment, or become a law. ' Sec. 17. Iu case of the death, impeach ment to the senate aud notice thereof to the accused, failure to qualify, resignation absence from the state, or other disability oF the governor, the powers, duties and emoluments of the office for the residuo o the term, or until the disability. BhaiZ be re moved, shall devolve upon the lieutenai governor. -. . : . ' j .. . , . Sec. 18.; The lieuteuant governor sha! be president of- :be senate and shall vote only wheu the senate is equally divided. Sec. 19. If there be no lieutenant gov ernor, or if 'the lieutenant governor shall for any cl tbe causes specibed in secuou 17 of ill is article, become incapable of per forming the duties of the office, the presi dent ot. the senate, shall act as governor. until tbe vacancy is filled or the disability removed ; and it tbe president of tbo sen ate, for auv of the above nnnied causes shall become iucapable of performing the duties of governor, tbe same shall devolve upon the speaker of the house of represen tives. Skc. 20. Tbe commissioner of . public lauds aud buildings, tbe secretary of state, treasurtr and attorney general, shall form a board, which shall have general suntrvi sion and control of all the buildings, grounds aud lands of the state, the state prison, nsy lums, and all other institutions thereof, ex cept those for educational purposes ; aud shall perform such duties, and .be subject to such rules aud regulations, as may be prescribed, by law. - Sec. 21, If the office of auditor of public accounts, treasurer, secretary of state, attor ney general, commissioner of public lands and buildings or superintendent of public instruction shall be vacated by death, resig nation or otherwise, it shall be the duty of the governor to nil the -same by appoint ment, and the appointee shall ; hold " his office uutil his successor shall be elected and qualified in such manner as may, be provided by law. An account shall be kept by the omeers of the executive department and of all the public institutions of the state, of all monies received or disbursed by them severally from all sources, and for every service performed ; aud a semi-annual report thereof be made to the governor un der oath ; and any officer who makes a false report shall be guilty, of perjtiry aud f un- ished accordingly. Sec. 22. Ihe officers of tue executive -de partment and of all tbe public institutions of the state, shall at least ten days preced ing each regular session of tbe legislature severally report to the governor, who shall transmit such reports to the legislature, to gether with tbe reports ot the judges ot the supreme court of defects in the constitu tion 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 depart ment, and all officers aud managers of state institutions, upon any subject relating to the condition, mauagemeut. and expen ses of their respective offices. . , Sec. 2.1. there sball , be a seal . of the state, which Bhall be called the ''Great Seal of the State of Nebraska," which shall be kept by the secretary of state, and u3ed by him officially as directed by law. bee 24. Ihe omeers named in this see tion shall receive for their services a salary, and they shall not, after the expiration of tbe terms of. those in office at the adoption of this constitution, receive to their own use any fees, costs, perquisites of office or other c ompensation, and all fees that may hereafter be payable by law for any services performed by any officer provided for . iu this article of the constitution, shall be paid in advance into the state treasury. The salary of the governor shall be three thousand dollars. The salaries of tbe secre tary of state, of the auditor of public ac counts, of the superintendent of public in struction, ot treasurer, commissioner of public lands and buildings and attorney general shall each be two thousand dollars. lbo lieutenant governor shall receive twice the compensation of a senator. Provided that at the expiration of five years from the adoption of this constitution, aud every bve years thereafter, the legislature may by gen eral law, readjust tbe said salaries ; but the alaries of tbe officers named in this sec tion shall not be increased or diminished uring their official terms. Sec. 25. An office is a public position created by the constitution or law, continu ing during the pleasure of the appointing power, or for a fixed tine, with a successor elected or appointed. An employment is an agency for a temporary purpose, which ceases when that purpose is accomplished. Sec. 2G. AH civil officers, except mem bers ct the legislature and such inferior officers as may I e by law exempted, 6b all before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation : I do solemnly swear (or affirm) that I will support the constitution of the United States, the constitution of tbe state ot Ne braska and that I will faithfully and impar tially discharge the duties ot the office of to the best of my ability ; and that I have not directly or indirectly, paid or con tributed anything, or made any promise in the nature of a bribe to directly or indirect ly influence any vote at tbe election at which I was chosen to fill sail - office, and have not accepted , nor will I accept or re ceive directly or indirectly any money or other valuable thing from any coporation, company or person for any official act. Any officer refusing to take the oath herein prescribed, shall forfeit his office, and after conviction of having sworn falsely to, or of violating bis said oath, shall forfeit his office and shall be disqualified from holding any office of trust or profit in the state. No other oath, declaration or test shall be re quired as a qualification. bEC. 27. The ot fleers mentioned in this article shall give bonds in double the amount of money which may come into their hands, 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. 2H. No other executive state office shall be created. ARTICLE V. THE jrntciAT. PEPARTMEXT. Section' 1. The judicial power of this state shall be vested in a supreme court, district courts, county courts, justices of the peace, police magistrates, and in such other courts inferior to the district courts as may be created by law for cities and incorpora ted towns. Sec. 2. The supreme court shall consist of three judge, a majority of whom shall be necessary to form a quorum or to pro nounce a decision. It shall have original jurisdiction in cases relating to the revenue, civil cases in which tbe state shall be a party, mandamus, quo warranto, habeas corpus and such appellate juiisdiction as may bo provided by law. Sec. 3. At least two terms of the su preme court shall be held in each year at tbe seat of government. Sec. 4. The judges of the supreme court shall be elected by tbe electors of the state at large, aud their terms of office, except of those chosen at tbe first election as herein after provided, shall be six years. ' Sec.-o. The judges of the supreme court shall immediately after the first election under this constitution, be classified by lot, so that oue shall hold bis office for the term of two years, one for tbe term of four years and one for the term of six years. Sec. 6. The judge of the supreme conrt having the shortest term to serve, not hold ing his office by appointment, or election to fill a vacancy, shall be the chief justice, and as such shall preside at all terms of the supreme court ; and in case of bis absence, the judge having in like manner the next shortest time to serve, shall preside in his stead. Sec. 7. No person shall be eligible to the office of judge of the supreme court, unless be shall be at least thirty years Ot age, aud a citizen of the United States, nor unless he shall have resided in this state at least three years next preceding his election Sec. 8. Ihe supreme court shall appoint a reporter, and a clerk of said court, who shall hold their offices respectively for the term of three years, subject to removal by the court, and whose duties shall be pre scribed l v law. Sec. The district courts shall have original Jurisdiction in all cases of law and . ...... eotiity: and such appellate lurisdict'on as is or may be provided by law. Sec. 10. Ihe state shall be divided into five judicial districts, in each of which shall be elected one judge, who shall be judge of tbe district court therein : and whose term of office sball be four years. until otherwise provided by law, said districts shall be as follows: First District, The ccunties of llic-hardson, Nemfha. Johnson. Pawnee, Gage, Saline and JeflVr son. Second District. Cass, Lancaster, The counties of Otoe, Saunders, Seward and Butler. Third District, and Sarpy. The counties of Douglas Fourth District. Tbe counties of Wash ington, Hurt, Dodge, Cuming, Colfax, Stan ton, Madison, Wayne, lJakota, Dixon, Cedar, Pierce, Antelope, Ieau aui Court and the counties and territory lying due west of L'eau oui Court. Fifth District. The counties of Platte, Boone, Greeley, Howard, Hall, Merrick, Polk, York, Filmore, Thayer, Nuckolls, Clay, Hamilton, Adams, Webster, franklin, Kearney, Harlan, Uullulo, bherman, Daw son, Lincoln, Cheyenne and all other conn ties and territory not included in anv other district. Sec. 11. The legislature whenever two- thirds ot the members elected to each house shall concur therein may, in the year one thousand eight hundred and seventy five and every five years thereafter, increase the number of judges of the district courts, and the judicial districts of the 6tate. Such districts shall be formed of compact territo ry, and bounded by county lines : and such increase or any change in the boundaries of a district, shall not vacate the omce of any judge. ' ec. it. Ine judges ot the district courts, may hold courts for each other, and shall do so when required by law. ec. 13. Ihe judges of the supreme court shall each receive a salary of $3,500, and tbe judges of the district court shall each receive a salary of $2,500 per annum, payable quarterly, until otherwise provided by Jaw; aud alter said salaries shall be fixed by luw, they shall not be increased or diminished during the terms for which said judges shall le respectively elected. ec. 14. .No judged the supreme court or district court, sball receive any other compensation, perquisite or benefit, in any form whatsoever, nor perform any other than judicial duties to which may belong any emoluments, nor shall any salary or other compensation be paid by the state to any county judge. bEC. la. there shall be elected in and for each organized county one judge, who shall be judge of the county court of such county, and whose term of office .sbfJl be two years. Sec. 16. County courts shall be courts of record and shall have original jurisdic tion in all matters of probate, settlement of estates of deceased persons, appointment ot guardians and settlement of their accounts ; in all matters relating to apprentices ; and in proceedings for the collection of taxes and assessments ; and such other jurisdic tion as may be given by general law. Provided that in counties having a popula tion of not le83 than three thousand, the legislature may confer upon said courts jurisdiction in sales of real estate on exe cution, and by executors, administrators, and guardians; but they shall not have jurisdiction in criminal cases in which tbe punishment may exceed six months impris on re. ent or a fine of over five hundred dollars; nor in actions in which the title to real estate is sought to be recovered, or may bedrawn in question ; nor in actions on mortgages or ontracts for the conveyance of real estae ; nor where the debt or sum claimed shall exceed five hundred dollars. Sec. 17. Appeals to the district courts from tbe judgments of county courts shall be allowed in all criminal cases, on appli cation of the defendant ; aud in all civil cases, on application oi eitner party, in wnich tne amount in controversy shall ex ceed twenty-five dollars ; and, in such other cases, as the legislature may provide. Sec. 18. Justices of the peace, and po lice magistrates, shall be elected in and for such districts, and have and exercise such jurisdiction as may be provided by law. Provided that no justice of the peace shall have jurisdiction of any civil case where the amount in controversy shall exceed one hundred dollars ; nor in a criminal case when - tbe punishment may exceed three months' imprisonment, or a fine of over one hundred dollars; nor in any matter wherein the title or boundaries of land may be in dispute. Sec. 19. All laws relating to courts shall be general, and of uniform operation; and the organization, jurisdiction, powers, pro ceediegs, and practice of all courts of the same class, or grade, so far as regulated by law, and the force, and effect of the pro ceeds, judgments and decrees of such courts, severally, shall be uniform. Sec. 20. Tbe legislature may for causa entered on the journals, upon due notice, and opportunity of defense, remove from office any jndge of the supreme or district court, upou concurrence of three fourths of all the members elected to each house. All other officers iu this article mentioned, shall be removed from office on i rosecution, and final conviction for misdemeanor in office, in such manner as may be provided by Sec. 21. All judges of courts of record inferior to the supreme court shall, on or be fore the first day of June of each year, re-, port in writing to the judges of the supreme court such defects and omissions iu the laws as their experience may suggest, aud the judges of the supreme court shall, on or before the first day of January of each year, report in writing to the governor such defects and omissions in the constitution and laws, as they may find to exist, to ge'.her with appropriate forms of bills to cure such defects and omissions iu the laws. The judges of the several district courts shall report to the legislature at each regu lar session the number of days they have held courts in the several counties compos ing their respective districts during the pre ceeding year. Sec. 22. All officers provided for in thU article shall hold their offices until their successors shall be qualified, and they sball respectively resid3 in the district, county or precinct for which they shall be elected or appointed. The terms of office of all such officers, whennotothfrwi.se prescribed in this article shall be two years. AM offi cers w hen jot otherwise provided for in this article, shall perform such duties and re ;eive such compensation as may be provid ed by law. Sec. 23. Iu case the office of any judge of the supreme court or of any district court shall become vacant, before the expi ration of the regular terra for which hewaj elected, the vacancy shall be filled by appointment by the governor, until a successor shall be elected and qualified, and such successor shall be elected for the ' unexp;rd term at tbe first general election that occurs more thau thirty days alter me vacancy shall have happened. Vacancies in all other elective offices provided for in this nr;ic!e shall be filled by election, but when the unexpired term does not exceed one year the vacancy may be filled by appointment in such manner as the legislature may provide. Sec. 24. Tbe legislature shall provide by law, in what mauner and in what courts suits may be brought against the state. Sec. 25. The several judges of the courts of record shall have such jurisdiction at chambers as may be provided by law. Sec. 29. All processes shall run "In the name of The People of the State ot Ne braska" and all prosecution shall be carried on "In the name of the People of the State of Nebraska" and conclude against the pence and dignity ot the same. ARTICLE VI. RIGHTS OF SUFFRAGE. Sec. 1. Every male person of tbo nge of twenty one years or upwards, belonging to either of the following classes, who shall have resided in the state, county, and precinct or ward for tbe time provided by law shall be nn elector. First ; Citizens of the United States. Second ; Persons of foreign birth, who shall have declared their intention to bo come citizens conformably to the laws of the United States on tbe subject of natur alization. Sec. 2. No person shall be qualified to vote who is or shall be under guardianship, won compos mentis, or convicted of treason or felony nndi r the laws of the state, or of the United States unless restored to civil rights. Sec. 3. No elector shall be deemed to have lof-t bis residence in the state by reason of bis absence on business of the United States or of this state. Sec. 4. No soldier, seaman, or marine in the army or navy of the United States, shall be deemed a resident of this state in consequence of being stationed therein. bEC. o. I'Jectors shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attend ance at elections, and going to and return ing lrom the same. And no elector shall be obliged to do military duty on the days of election, except in time of war or public danger . dec. C. All votes shall be by ballot. Sec. 7. Uniform laws throughout the state shall be made, to ascertain by proper proof what citizens are entitled to the rights of suffrage. ARTICLE VI L EUUCATIOX. Sectiox 1. All funds and lands set apart for educational purposes shall be under the control and management of the legisla ture. Sec. 2. All lands, money or other prop erty granted, or bequeathed, or in any man ner conveyed to this state for educational purposes, shall be used and expended in. accordance with the terms of such grant. bequest, 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 wi; : r irst. bucn per cen.um as has been or may hereafter ne granted by congress on the sale of lands in this state : Second. All moneys arising from the sale or leasing ot 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 leen or may hereafter be granted to this state, whereby the terms and conditions of snch grant, the same are not to be other wise appropriated ; " Fourth. The nett proceeds of lands and other property and effeca that may accrue to the state, by escheat or forfeiture, or from unclaimed dividends, or distributive shares of the estates of deceased persons ; Fifth. All money?, stocks, bonds, land and other property, now belonging to the common school fund ; Sixth. 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 devisp. the interest arising from all op the funds mentioned in this section, 'ogether with all rents of the unsold school lands, and such other means as the legislature may provide shall be exclusively applied to the following objects to wit : First. To the support and maintenance of common schools in each school district in the state, and the purchase of suitable libraries and apparatus therefor ; Second. Any residue of such funds shall be appropriated to the support and main tenance of academies, normal schools, and schools of an intermediate grade between the common schools and the university, and .L I f ....... -J me purcnase oi suitable libraries and appa ratus therefor. Sec. 4. All fines, penalties and license moneys arising tinder the general laws of the state, shall belong and be paid over to the counties respectively, where the same maybe levied or imposed; and all fines, ' penalties and license moneys arising under the rules, by laws or ordinances of cities, villages, towns, precincts or other munici pal sub-division less than a county, shall belong and be paid over to the same respec tively. All such fines, penalties and license moneys shall be appropriated exclusively to the use and support of common schools in the respective sub divisions where the same may accrue, and the purchase of suitable libraries and apparatus therefor. Sec. r,. The legislature shall provide by law for tbe establishment of district schools which ehall be as nearly uniform at practi cable, and such schools shall be free, aud without charge for tuition, to all children between tbe ages of five and twenty-cne vears. J