Nebraska Newspapers

    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