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LEOISLATIVE.
Section 1. The legislative authority
is vested in a Senate and House of Repre
sentatives. Sec. 2. The Legislature sliall provide
by law for an enumeration of the inhabit
ants of the State in the year eighteen
hundred ami eighty-five, and every ten
years thereafter, and at its first regular
session after each enumeration, and also
after each enumeration made by the author
ity of the United States,but at no other time,
the Legislature shall apjwrtion the Sena
tors and Representatives according to the
mimlicr of inhabitants, excluding Indians
not taxed, and soldiers and officers of the
United States army and navy.
Skc. 3. The House of Representatives
shall consist eighty-four members, and
the Senate shall consist of thirty mem-
j bers, until the year of eighteen hundred
I and eight-, after which time the number
htsof conscience be I 01 niemners 01 eacu nouse snau oe regu-
ious test shall here.! 1:lt-(l law- .,Jut tae umier ot repre
sentatives snau never exceed one nunurea,
nor that of Senators thirty-three. The
sessions of the Legislature shall le bien
nial, except a otherwise provided in this
constitution.
Skc. 4. The terms of oflice of members
of the Legislature shall be two years, and
they shall' each receive for their services
three dollars for each day's attendance
during the session, and ten cents for every
mile they shall travel in going to and re
turning from the place of meeting of the
Legislature on the most usual route; Pro.
riilrtl, however, that they shall not
receive pay for more than forty days at
any mo session; anil neither memlers of
the legislature nor employees shall receive
any pay or perquisites other than their per
diem and mileage.
Skc. 5. No person shall be eligible to
the office of Senator, or memtter of the
House of Represctatives, who shall not Ih;
an elector and have resided within the dis
trict from which he is elected tor the term
of one year next before his election, unless
he shall have been absent on the public
business of the United States, or of this
State. And no person elected as aforesiad
shall hold his otlice after he shall have re
moved from such district.
Skc. 0. No person holding otlice under
the authority of the United States, or any
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e person or thurr to 1m; ' 1 ; 1 ui,,i"j
I M I .Sllil I 1 OC nilLHC lO, Wl HilVtT t w;ai 111
the Legislature, but this provision shall
not extend to precinct or township officers,
Justices of the I'eace, Notaries Public, or
THE NEW CONSTITUTION.
PREAMBLE.
We, the people, grateful to Almighty
God for our freedom, do ordain and estab
is the following declaration of rights
frame of government, as the constitu
tion of the State of Nebraska.
ARTICLE I. K
BILL. OF RIOUTS.
Section 1. All persons are by
free and independent, and have
inalienable rights: among these
liberty and the pursuit of happiness. To j
secure these rights, and the protection of 1
property governments are instituted
among people, deriving their just powers !
from the consent of the governed. I
Sec. 2. There shall be neither slavery
nor involuntary servitude in this State,
otherwise than for punishment of crime,
whereof tue party shall have been duly
convicted.
Sec. 3. No person shall be deprived of
lite, .liberty, or property, without due
process of law.
Skc. 4. All itersous have a natural and
indefeasible right to worship Almighty i
God according to the dictates of their own i
consciences. person uliall le eom-
jM-lied to attend, erect or support any
place of worship against his consent, and
110 preference snail be given by law to
any religious society, nor shall any intcr-
lerence witn the ri
itenuitted. No reli:
quired as a qualification for office, no i
shall any person be incompetent to be a !
witness on account of his religious belief: j
but nothing herein shall Im; construed to j
dispense with oaths and affirmations. Re
ligion, morality and knowledge however, j
Ijeing essential to good government, it j
shall be the duty of the legislature to pass 1
suitable laws to protect every religious 1
denomination in the peaceable enjoyment, j
of its own mode of public worship, and to I
mcoiirage schools and the means ofin-j
struct ion.
Sec. 5. Every person may freely speak '
write and publish on all subjects, being j
responsible for the abuse of that liberty ; j
and in all trials for libel, both civil and '
criminal, the truth, when published with '
good motives, ami for justifiable ends, :
sliall be a sufficient defense.
Sec. 0. The right of trial by jury shall
remain inviolate, but ttie legislature
may authorize trial by a jury of a less
nuiiiter than twelve men in courts inleri
ior to the district court.
Sec. 7. The right of the people to be
secure in their persons, houses, papers,
and effects, against unreasonable searches
and seizures shall not be violated; and no
warrant shall issiie but upon probable
cause, supported by oath or affirmation,
and particularly describing the place to
rj searched, and tl
si-i zed.
Sec. 8. The privilege of the writ of
habeas corpus shall not be suspended, un
less, in case of rebellion or invasion, the
public safety requires it, and then only in
such manner as shall be prescriled by
law.
Sec. 9. All persons ahall be bailable
by sufficient sureties, except for treason
and murder where the proof is evident or
the presumption great. Excessive bail
shall not be required, nor excessive tines
imposed, nor cruel anil unusual punish
ments iutlicted.
Sec. 10. No person shall be held to
answer for a criminal offense, except in
cases in which the punishment is by tine.
or imprisonment otherwise than in the
penitentiary, in case ot impeachment, and
in eases arising lnttie army and navy, or
in themiiitia when 111 actual service in
time of war or public danger, unless on a
presentment or indictment of a grand
jury; 1'rocided, That the legislature may
ly law provide for holding persons to
uuswer lor criminal offenses on informa
tion of a public prosecutor; and may by
law abolish, limit, change, amend or
otherwise regulate the grand jury system.
Sec. 11. In all criminal prosecutions
the accused shall have the right to appear
and defend in person or by counsel, to de
maud the nature and cause of accusation,
and to have a copy thereof; to meet the
witnesses against him lace to face; to
have process to compel the attendance ol
witnesses in uis benalf: and a speedy pub
lic trial by an impartial jury of the county
or district in which the offense is alleged
to UaAe been committed.
Sec. 12. No person shall be com
pelled, in any criminal case, to give evi
dence against himsell, or be twice put in
jxjpardy for the same offense.
Sec. 13. All courts shall be, and every
person, for any injury done him in his
lands, goods, person, or reputation, shall
have a remedy by due course of law, and
justice administered without denial or
el ay.
Sec. 14. Treason against the State shall
consist only in levying war against the
mate, or in au tiering to us enemies, inv-
mg mem aiu ma comtort. ;no person
suati oe con vie tea ot treason unless on the
testimony of two witnesses to the same
overt act, or on confession in open court.
Sec. 15. All penalties shall be propor
tioned to the nature of the offense, and no
conviction shall work corruption of blood
or forfeiture of estate; nor shall any per
son, be transported out of the State for any
offense committed within the State.
Sec. lrt. No bill of attainder, ex pout
facto law, or law impairing the obligation
of contracts, or making auy irrevocable
grant of special privileges or immunities,
shall be passed.
Sec. 17. Tne miltary shall be in strict
subordination t0 the civil power.
Sec. IS. No soldier shall, in time of
peace, be quartered in any house without
the consent of the owner; nor in time ot
war, except, in the manner prescribed by
law.
Sec. 19. The right of the people peace
ably to assemble to consult for the common
good, and to petition the government, or
any department thereof, shall never be
abridged. I
ARTICLE II.
WTRIBrTIOS OP POWERS.
Section 1. The powers of the govern
ment of this State are divided into three
distinct departments the legislative, ex
ecutive, and judicial, ami no person or
collection of persons, being one of these
departments, shall exercise any power
properly belonging to either of he others,
except as hereinafter expressly directed or
permitted.
ARTICLE III.
Sec. -0. No person shall be imprisoned
for debt in any civil action on mesne or
Dual process, unless in C;ises of fraud.
-i. ine property ot no person
suaii oe taken or damaged lor public use
wuuoui just compensation tneretor.
ec. 22. All elections shall Imj free;
ana mere shall be no hindrance or Imped
inient to the rigut of a qualified voter to
exercise the elective franchise.
Sec. 23. The writ of error shall be a writ
ol right in all cases of felony; and
in capital cases shall operate as a super
edeas to stay the execution of the sen
tence ot death, until the further order of
ue supreme court in the premises.
Sec. 24. . The right to be heard in all
'svil cases in the court of last resort, by
appeal, error, or otherwise, shall not be
denied.
Sec. 25. No distinction shall ever be
uiade by law between resident aliens and
citizens in reference to the possession, en
joyment or descent of property.
Sec. 2t. This enumeration of rights
slall not be construed to impair or deny
others retained by the people, and all
powers not herein delegated remain with
ttie people
officers of the militia, nor sliall any per
son interested in a contract with, or an un
adjusted claim, against the State, shall
hold a seat in the Legislature
Sec. 7. ;yriie session of the Legislature
shall commence at 12 o'clock, (noon), on
the first Tuesday in.1 an uary,in the year next
ensuing the election of members there
of, and at no other time, unless as provided
bv this Constitution. A majority of the
members elected to each House shall con
stitute a quorum; each House shall deter
mine the rules of its proceedings,and le the
judge ot the election, returns, and qualm-
cations of its members, shall chewse its
own officers, and the Senate shall choose a
temporary president, to preside when the
Lieutcnt-Governor shall not attend as
president, or shall act as Governor. The
Secretary of State shall call the House of
Representatives to order at the opening of
each new Legislature, anil preside over it
until a temporary presiding officer thereof
shall have been chosen, and shall have
taken his seat. No member shall be ex
pelled by either House, except by a vote
of two-thirds of all the members elected
to that House, and" no member shall be
twice expelled for the same offense. Each
House may punish by imprisonment any
person not a member thereof who shall be
guilty of disrespect to the House by disor
derly or contemptuous behavior in its
presence, but no such Imprisonment shall
extend beyond twenty-four hours at one
time, unless the person shall persist in
such disorderly or contemptuous be
havior. Sec. 8. Each House shall keep a jour
nal of its proceedings and publish them
(except such parts as may require secre
cy), and the yeas and nays or the members
on any question, shall, at Hie desire of any
two of them, be entered on the journal.
All votes in either House shall be viva
voce. The doors of each House, and of
Committee ot the Whole sliall be open,
unless when the business shall le such as
ought to be kept secret. Neither House
sliall, without the consent of the other, ad
journ for more than three days.
Sec. 0. Any bill may originate in either
House of the Legislature, except bills ap
propriating money, which shall originate
only in the House of Representatives, and
all bills passeil by one House, may be
amended by the other.
Skc. 10. The enacting clause of a law
shall be, "He it enacted by the Legislature
of the State of Nebraska," and no law
shall be enacted except ly bill. No bill
shall Ih: passed unless by assent of a ma
jority ol all the members elected to each
House of the legislature, and I he question
upon final passage sliall be taken immedi
ately upon its last reading, and the yeas
and nays shall be entered uponjthc journal.
Sko. 11. Every bill and concurrent
resolution sliall be read at large on three
different days in each House, and the bill
and all amendments thereto shall le prin
ted Itelorc the vote is taken upon its final
passage. No bill shall contain more than
one subject, and the same shall Imj clearly
expressed in its title. And no law shall
be amended unless the new act contain
the section or sections so amended and
the section or sections so amended shall
be repealed. The presiding officer of each
House shall sign in the presence of the
House over which he presides, while the
same is in session and capable of trans
acting business, all bills and concurrent
resolutions passed by the Legislature.
Sec. 12. .Members of the Legislature
in alt cases except treason, felony, or
breach of the peace, shall be - privileged
from arrest during the session of the Leg
islature, aud for fifteen days next before
the commencement and after the termina
tion thereof.
Sec. 13. No person elected to the Leg
islature shrtll receive any civil appoint
ment within this State from the Governor
and Senate during the term for which he
has been elected. ' And all such appoint
ments and all votes given for any such
member, for any such office or appoint
ment, shall Imj void. Nor shall any mem
ber of the Legislature, or any state officer
be interested either directly or indirectly,
in any contract with the State, County or
City, authorized by any law passed -du
ring tne term tor which he shall hav
been elected, or wi thin one year after th
expiratiouthereol. - . J
Sec. 14. The Senate and House of Rep
resentatives in joint convention shall
have the sole ower of impeachment, but
a majority of the members elected must
concur therein. Upon the entertainment
of a resolution to impeach by either
House, the other House shall at once be
notified thereof and the two Houses shall
meet in joint convention for the purpose
of acting upon such resolution within
three days of such notification. .A notice
of an impeachment of any officer, other
than a Justice of the Supreme Court, shall
be forthwith served upon the Chief Justice
by the Secretary of the Senate, who shall
thereupon call a session of the Supreme
Court to meet at the Capital within ten
days after such notice to try the impeach
ment. A notice of an impeachment of a
Justice of the Supreme Court shall lie
served by the Secretary of the Senate,
upon the Judge of the ,Tudicia4 District
within which the Capital is located, and
he thereupon shall notify all the Judges
of the District Court in the State to meet
with him within thirty days at the Capi
tal, to sit as a court to try such impeach
ment, which court shall organize by
electing one of its number to preside. No
person shall le convicted without the con
currence of two-thirds of the members of
the court of impeachment, but judgment
in cases of impeachment shall not extend
further than removal from oflice and dis
qualification to hold and enjoy any office
of honor, profit, or trust, in this State, but
the party impeached, whetherjeonvicted
or acquitted shall nevertheless be liable
to prosecution and punishment according
to law. No officer shall exercise his of
fticial duties after he sliall have been im
peached and notified thereof, until he shall
have been acquitted.
Skc. 15. The legislature shall not pass
local or special laws in any of the follow
ing cases, that is to say:
For granting divorces.
Changing the names of persons or
places. " "
Laying out, opening, altering and work
ing roads or highways.
Vacating roads, town plats, streets, al
leys, and public grounds.
Locating or changing county seats.
Regulating county and township offices.
Regulating the practice of courts of
justice.
Regulating the jurisdiction and duties
of justices of the peace, police magistrates
and constables.
Providing for changes of venue in civil
and criminal case
Incorporating cities, towns and villages.
or changing or amending the charter of
any town, city or village.
Providing for the election of officers in
townships, incorporated towns, of cities
Summoning or impanelling grand or
petit juries.
Providing for the bonding of cities,
towns, precincts, school districts, or other
municipalities.
Providing for the management of public
schools.
Regulating the interest on money, the
opening and conducting of any elect ion,
or designating the place ot voting.
The sale or mortgage of real estate be
longing to minors, or others under disa
bility.
The protection of game or fish.
Chartering or licensing ferries, or toll
bridges, remitting fines, penalties or for
feitures; creating, increasing and decreas
iug fees, percentage or allowances of pub
lie officers, during the' term for which
said officers are elected or appointed
Changing the law of descent.
Granting to any corporation, associa
tion, or individual, the right to lay down
railroad traeks, or attending existing
charters for such purpose. Granting to
any corporation, association, or
individual, any sivcial or exclu
sive privileges, immunity or
franchise whatever. In all other cases
where a general law can be made applica
ble, no special law shall be enacted.
Sec. lb. lhe Legislature shall never
grant any extra compensation to auy pub
lic officer, ageut servant, or contractor.
after the services shall have been rendered
or the contract entered into. Nor shall
the compensation of any public officer be
increased or diminished during his term
of office.
Sec. 17. The Legislature shall never
alienate the salt springs lelonging to this
State.
Sec. 18. Lands under control of the
State shallllnever be donated to railroad
companies, private orporatious, or indi
viduals.
Sec. 19. The Legislature shall make
appropriations for the expenses, of the
overnment until the expiratum ot the
rst fiscal quarter after the adjournment
of the next regular session, and all appro
priations shall end with such fiscal quar
tcr. Ana whenever it is deemed neces
sary to make further appropriations for
dehciencies, the same shall require a two
thirds vote of all the members elected to
each house, and shall not exceed the
amount of revenue authorized by law to
be raised in such time. Bills making ap
propriations tor the pay ot members am;
officers of the Legislature, and for the sal
aries of the officers ot the government
sliall contain no provision on any othe
subject.
Sec. 20. All offices created by this
Constitution shall become vacant by the
death ot the incumbent, by removal from
the State, resignation, conviction of a
felony, impeachment, or becoming of un
sound mind. And the legislature shall
provide by general law for the filling o
such vacancy, when no provision is made
tor that purpose in this Constitution.
Sec. 21. The legislature shall not au
horize any games of chance, lottery, or
gift enterprise, under any pretence, or for
any purjxise whatever.
Sec. 22. No allowance sliall Imj made
for the incidental cxjienscs of any State
officer except the same be made by gen
eral appropriation and upon an account
specifying each item. No money shall be
drawn from the Treasury, except in pur
suance ot a specihe appropriation made
by law, and on the presenta
tion of a warrant issued by the
Auditor thereon, and no money shall lie
diverted from any appropriation made for
any purpose or taken from any fund what
ever, either by joint or separate resolu
tion. The Auditor shall, within sixty
days after the adjournment of each ses
sion of the Legislature, prepare and pub
lish a full statement of all moneys expend
ed at such session, specifying the amount
of each item, and to whom and for what
paid.
Sec. 23. No member of the legislature
shall be liable in any civil or criminal ac
tion whatever for words spoken in debate.
Sec. 24. No act shall take effect until
three calendar months after the adjourn
ment of the session at which it passed, un
less in case of emergency, to be expressed
in the . preamble or body of the act, the
Legislature shall, by a vote of two-thirds
of all the members elected to each House,
otherwise direct. All laws shall be pub
lished in book form within sixty days af
the adjournment of each session, and dis
tributed among the several . counties in
such manner as the Legislature may pro-;
viae. ;
i
ARTICLE IV.
legislative apportionment.
Until otherwise provided by law, Sena
torial and Representative Districts shall
be formed anil Senators and Representa
tives apiortioned as follows :
SENATORIAL DISTRICTS.
District No. 1 shall consist of the
county of Richardson, and be entitled to
two Senators.
Dist No. 2 shall consist of lhe county
of Nemaha, and be entitled to one Sena
tor. DisL No."3 shall consist of the coun
ty of Otoe, aud be entitled to two Sena
tors. Dist. No. 4 shall consist of the coun
ty of Cass, and be entitled to one Senator.
Dist. No. 5 shall consist of the county
of Douglas, and be entitled to two Sena
tors. Dist. No. (i shall consist of thecoun
ties of Douglas and Sarpy, and be enti
tled to one Senator.
Dist No. 7 shall consist of the county
of .Washington, and be entitled to one
Senator.
Dist. No. 8 shall consist of the coun
ty of Dodge, and be entitled to one Sen
ator. Dist. No. 9 shall consist of the
county of Cumiug, aud be entitled to one
Senator.
Dist. No. 10 shall consist of the coun
ties of Burt and Oakdale, and be entitled
to one Senator.
Disfr. No. 11 shall consist of the coun
ties of Madison, Stanton, Wayne, Pierce,
Antelope and Boone, and be entitled to one
Senator.
Dist. No. 12 shall consist of the coun
ties of Dixon, Cedar, Knox, Holt, and
the unorganized territory west of Holt,
and be entitled to one Senator.
Dist. No. 13 shall consist of the coun
ties of Hall, Howard, Merrick, Greeley,
and the .unorganized territory north of
Greeley, and be entitled to one Senator.
Dist. No. 14 shall consist of the coun
ties of Platte and Colfax, and be entitled
to one Senator.
Dist. No. 15 sliall consist of the coun
ties of Butler and Polk, and be entitled to
one Senator.
Dist. No. 1G shall consist of the coun
ty of Saunders, and be entitled to one
Senator.
Dist. No: 17 shall consist of the coun
ty of Lancaster, and be entitled to two Sen
ators. Dist. No. 18 shall consist of the coun
ties of Johnson anil Pawnee, und be en
titled to one Senator.
Dist. No. 19 shall consist of the coun
ties of Gage and Jefferson, and be e,nti
titled to one Senator.
Dist. No. 20 shall consist of the coun
ty of Saline, and be entitled to one Sen
ator. Dist No. 21 shall consist of the county
of Seward, and be entitled to one Senator.
Dist. No. 22 shall consist of the coun
ties of York aud Hamilton, and be entitled
to one Senator.
Dist. No. 23 shall consist of the coun
ties of Fillmore and Clay, and be entitled
to one Senator.
Dist. No. 24 shall consist of the coun
ties of Adams, Webster, Nuckolls, and
Thayer, and be entitled to one Senator.
Dist. No. 25 shall consist of the coun
ties of Buffalo, Kearney, Franklin, Harlan,
Phelps, Sherman, Valley, and the unorgan
ized territory west of Sherman, Valley,
and Senatorial District No. thirteen (13),
anil be entitled to one Senator.
Dist. No. 2(J shall consist of the coun
ties of Lincoln, Dawson, Gosper, Furnas,
Red Willow, Frontier, Hitchcock, Dundy,
Chase, Keith, Cheyenne, and the unorgan
ized territory west of Frontier, and between
Frontier and Chase, and be entitled to one
Senator.
Dist. No. 29 shall consist of the county
of Hall, and le entitled to one Represen
tative. Dist. No. 30 shall consist of the county
of Buffalo, and be entitled to one Repre
sentative. Dist. No. 31 shall consist of the county
of Lincoln, aud be entitled to one Repre
sentative. Dist. No. 32 shall consist of the county
of Harlan, and be entitled to one Repre
sentative. -
Dist. No. 33 shall consist of the coun
ties of Howard and Greeley, and be enti
tled to one Representative.
Dist. No. 34 shall consist of the county
of Merrick, and be entitled to one Repre
sentative. Dist. No. 35 shall consist of the county
of Polk, and be entitled to one Represen
tative. Dist. No.;3 shall consist;of the county
of Butler, and be entitled to one Represen
tative. Dist. No. 37 sliall consist of the county
of Colfax, and be entitled to one Repre
sentative. Dist No. 38 shall consist of the county
of Platte, .and be entitled to one Represen
tative. Dist. No. 39 shall consist of the county
of Madison, and be entitled to one Repre
sentative. Dist. No. 40 shall consist of the county
of Cedar, and be entitled to one Represen
tative. Dist No. 41 shall consist of the coun
ties of Burt and Dodge, and be entitled to
one Representative.
Dist. No. 42 shall consist of the coun
ties of Stanton, Wayne, and Pierce, and be
entitled to one Representative.
Dist. No. 43 shall consist of the coun
ties of Knox and Holt, and the unorgan
ized territory west of Holt, and be entitled
to one Kepreseutative.
Dist. No 44 shall consist of the county
of Antelope, and be entitled t one Repre
sentative.
Dist. No. 45 sliall consist of the coun
ties of Boone, Valley, Sherman, and the
unorganized territory west of Sherman and
Valley counties, and west of the thirteenth
Senatorial District, and be entitled to one
representative.
Dist. No. 4(! shall consist of the conn
tics of Dawson and Frontier, and be enti
tied to one Representative.
Dist. No. 47 shall consist of the coun
ties of Franklin and Kearney, and le enti
tled to one representative.
Dist. No. 48 shall consist of the coun
ties of Furnas, Phelps, and Gosper, and be
entitled to one Representative.
Dist. No. 49 shall consist of the coun
ties of Cheyenne, Keith, Dundy, Chase,
Hitchcock, Ked N ulow, and the unorgan
ized territory of this State north of the
county of Hitchcock, and be entitled to
one Representative.
Dist. No. 50 shall consist of the coun
ties of Cass and Saunders, and be entitled
to one Representative.
Dist. No. 51 shall consist of the coun
ties of Platte, Colfax, and Butler, and be
entitled to one Representative.
Dist. No. 52 shall consist of the coun
ties of Fillmore and Clay, und be entitled
to one Representative.
ARTICLE V.
EXECUTIVE DEPARTMENT.
REPRESENTATIVE DISTRICTS.
Dist. No. 1 shall consist of the county
of Richardson, aud be entitled to lour
Representatives.
Dist No. 2 shall consist of the county
of Pawnee, and be entitled to two Repre
sentatives.-
Dist. No. 3 shall consist of the county
of Gage, and be entitled to two Represen
tatives.
Dist. No. 4 shall consist of the county
of Johnson, and lie entitled to two liepre-
seutatives.
Dist. No. 5 shall consist of thefcountv
of Nemaha, and be entitled to three Rep
resentatives.
Dist. No. G shall consist of the county
of Otoe, and be entitled tixfour Representatives.
Dist. No. 7 shall consist of the county
of Lancaster, and be entitled to four Representatives.
Dist. No. 8 shall consist of the county
of Saunders, aud be entitled to three Rep
resentatives.
Dist. No. 9 shall consist of the county
of Cass, and be entitled to three Represen
tatives. Dist. No. 10 shall wmsist of the county
of Sarpy, aud be entitled to one Representative.
Dist. No. 11 shall consist of thejeounty
of Douglas, and be entitled tonight Rep
resentatives. Dist No. 12 shall consist of the county
of D.nlge, and be entitled to two Represen
tatives. Dist. No. 13 shall consist of the county
of Washington, anil be entitled to two
14epresentatives.
Dist No. 14 shall consist of the county
of Burl, and be entitled to one Represen
tative. Dist. No. 15 shall consist of the county
ot Cuming, and be entitled to two Repre
sentatives.
Dist. No. Ifi shall consist of the county
of Dakota, and lie entitled to one Repre
sentative.
Dist. No. 17 shall consist of the countv
01 wixon, ana ne enuuea 10 one representative.
Dist. No. 18 shall consist of the countv
of Jefferson, aud lo entitled to one Repre
sentative. ;
Dist. No. 19 sliall consist of the county
of Thayer, aud be entitled to one Repre
sentative, i
Dist. No. 20 shall consist of the countv.
ot Nuckolls, and Ihj entitled to one Repre
sentative.
Dist. No. 21 shall consist of the county
of Webster, and ba entitled to one Repre
sentative.
Dist. No. 22 shall consist of the countv
of Adams, and be entitled to one Representative.
Dist. No. 23 shall consist of the countv
of Clay, and be entitled to one liepresen-tative.
Dist. No. 24 shall consist of the countv
T71:il 1 .... m . n "
01 r lumore, ana oe entitled to one repre
sentative.
Dist. No. 2.5 shall consist of the county
01 oaune, ana oe entitled to three Kepre
sentatives.
Dist. No. 2G shall consist of the countv
oi oewara, ana oe entitled to two repre
entatives.
Dist No. 27 shall consist of the count-
of York, aud be entitled to two Represent
taiives.
Dist. No. 28 shall consist oflthe countv
. c m . 1 , . . , . -
ui iiamiiion, ana oe enuuea 10 one re
resentativ.
Section 1. The executive department
shall consist of a governor, Lieutenant
governor, secretary of state, -auditor of
public accounts, treasurer, superintendent
of public instruction, attorney general, and
commissioner of public lands and build
ings, who shall each hold his office for the
term of two years, from the first Thursday
alter tne first Tuesday in January next af
ter his election, and until his successor is
elected and qualitied. 1' ratified, however,
that the first election of said officers shall
be held on the Tuesday succeeding the
first Monday in November, 1S7G, and eaeb
succeding election shall be held at the
same relative time, in each even year
thereafter. The governor, secretary of
State, auditor of public accounts and treas
urer, shall Teside at the seat of government
during their terms of otlice, and keep the
public records, . books, and papers there,
and shall perform such duties as may be
required by law.
Sec. 2. No person shall be eligible to
the office of governor or lieutenant govern
or who shall not have attained the" age of
thirty years, and been for two years next
preceding his election a citizen of the Uni
ted State and of this state. None of the
officers of tne executive department shall
be eligible to any other state oflice during
the period for which they shall have been
elected. !
Sec. 3. The treasurer shall be ineligw
ble to the office of treasurer for two years
next after the expiration of two consecu
tive terms for which he was elected.
Sec. 4. The returns of every election
for the officers of the executive department
shall be sealed by and transmitted by the
returning officers to the secretary of state.
directed to the sieaker of the House of
Representatives, who shall immediately
after the organization of the House, and
before proceeding to other business,
open and publish the same in the presence
of a majority of each House of the legis
lature, who shall for that purpose assem
ble in the hall of the House ot Represen
tatives. 1 he person having the highest
number of votes for either of said offices,
shall be declared duly elected ; but if two
or more have an equal and the highest
number of votes, the legislature shall, by
joint vote, choose one of such persons for
said office. Contesteil elections for all of
said offices shall be determined by both
houses of the legislature, by joint vote, in
such manner as may be presented by law.
Sec 5. All civil officers of this state
shall be liable to impeachment for any
misdemeanor in office.
Sec. ti. The supreme executive power
shall be vested in the governor, who shall
take care that the laws be faithfully exe
cuted. Sec. 7. The governor shall, at the com
mencement of each session, and at the close
of his term olNjffiee, and whenever the leg
islature may require, give to the legisla
ture information by messsage of the con
dition of the state, and shall recommend
such measures as he shall deem expedi
ent. He shall account to the legislature,
and accompany his message with a state
ment of all moneys received and paid out
by him, from any sum subject to his order,
with vouchers, and, at the commencement
of each regular session, present estimates
of the amount of money req-uired to be
raised by taxation for all purposes.
Sec. 8. The governor may, on extraor
dinary occasions, convene the legislature
by proclamation, stating therein the pur
pose for which they are convened, and the
legislature shall enter upon no business
except that for which they were called to
gether. Sec. 9. In case of a disagreement be
tween the two houses with respect to the
time of adjournment, the governor may,
on the same being certified to him by the
house moving the adjournment, adjourn
the legislature to such time as he thinks
proper, not beyond the first day of the
next regular session.
Sec. 10. The governor shall nominate,
and by and with the advice and consent of
the senate (expressed by a majority of all
the senators elected, voting by yeas and
nays), appoint all officers whose offices are
established by this constitution, or which
may be created by law, and whose appoint
ment or election is not otherwise by law
or herein provided for; and no such officer
shall be appointed or elected by the legis
lature. Sec. 11. In case of a vacancy during
the recess of the senate, in any office which
is not elective, the governor shall make a
temporary appointment until the uext meet
ing of the Senate, when he shall nominate
some person to fill such office'; and any
person so nominated, who is confirmed by
the Senate, (a majority of all the senators
elected' concurring by voting yeas aud
nays), shall hold his office during the re
mainder of the term, aud until his succes
sor shall be appointed and qualified. No
person after being rejected by the senate,
shall be again nominated for the same
office at the same session, unless at request
of the senate, or be appointed to the same
office during the recess of the legislature.
Sec. 12. The governor sliall have pow
er to remove any officer, whom he may
appoint, in case of incompetency, neglect
of duty, or malfeasance in office; aud he
may declare his office vacant, aud fill the
same as herein provided in other cases of
vacancy.
Sec. 13. The governor shall have the
power to grant rep'rieves, commutations
and pardons, after conviction, lor all of
fenses except treason and cases of -impeachment,
upon such conditions and with
such restrictions and limitations as he
may think proper, subject to such regula
tions as may be provided by law, relative
to the manner ot applying for pardons.
Upon conviction for treason, he shall have
power to suspend the execution of the sen
tence until the case shall be reported to the
legislature at its next session, when the leg
islature shall either pardon or commute
the sentence, direct the execution of the
sentence, or grant a further reprieve. He
shall communicate to the legislature, at
every regular session, each case of re
prieve, commutation or pardon granted,
stating the name of the convict, the crime
of which he was convicted, the sentence
and its date, and the date of the reprieve,
commutation or pardon.
Sec. 14. The governor shall be commander-in-chief
ot the military and naval
forces of the State (except when they shall
be called into the service of the United
States) and may call out the same to exe
cute the laws, suppress insurrection, and
repel inv.isiou.
Sec. 15. Every bill passed by the legis
lature, before it becomes a law, and every
order, resolution or vote to which the con
currence of both houses may be necessary
(except on questions ol adjournment)
shall be presented to the governor. If he
approve he shall sign it, und thereupon it
snail become a law ; but if he do not ap
prove, he shall return it with his objec
tions to the house in which it shall have
originated, which house shall enter the
objections at large upon its journal, aud
proceed to recousider the bill. If then
three-fifths of the members elected agree to
pass the same, it shall be sent, together
with the objections, to the other house, by
which it shall likewise be reconsidered ;
and if approved by three-fifths of the mem
bers elected to that house, it shall become
a law, notwithstanding the objections of
the governor. In all such cases the vote
of each house shall be determined by jeas
anil nays, to be entered upon the journal.
Any bill which shall not be returned by
the governor within five days (Sui.day ex
cepted) after itshallhave been presented to
him, shall become a law in like manner as
if he had signed it; unless the legislature
by their adjournment prevent its return;
m which ctise it shall be Uled, Willi ins ob
jections, in : he office of secretary of state
withiu live days utter such adjournment, or
become a law. The governor may disap
prove any item or items of appropriation
contained in bills passed by the legisla
ture, and the item or items so disapproved
shall be stricken therefrom unless repass
ed in the manner herein prescribed in
cases of disapproval of bills.
Sec. 1G. In case ot the death, impeach
ment aud notice thereot to the accused.
failure toi qualify, 'resignation, absence
from the Stale, or other disability of the
governor, the powers, duties, and emolu
ments of the otlice for the residue of the
term, or until the disability shall be re
moved, shall devolve upon the lieutenant
governor.
Sec. 17. lhe lieutenant governor snail
be president of the senate, and shall vote
only when the senate is equally divided.
Sec. 18. 11 there be no lieutenant gov
ernor, or it the lieutenant governor ior
any of the causes specified in section six
teen of this article, becomes incapable of
performing the duties of the office the
president of the senate shall act as
governor until the vacancy is tilled,
or the disability removed; and
if the President of the Senate, for any of the
above named causes, shall become incapa
ble of performing the duties of Governor,
the same shall devolve upon the Speaker
of the House of Representatives.
Sec. 19. The Commissioner of Public
Lands and Buildings, the Secretary of
State, Treasurer, and Attorney-General
shall form a board, which shall have gen
eral supervision and control of all the
buildings, grounds and lands of the State,
the State Prison, Asylums, and all other
institutions thereof, except those for edu
cational purposes; and shall perform such
duties, and be subject to such rules and
regulations as may be prescribed by law.
Sec. 20. If the oflice of Auditor of
Public Accounts, Treasurer, Secretary of
Stare, Attorney-General, Commissioner
of Public Lands and Buildings,
or Superintendent of Public in
struction, shall be vacated by death,
resignation, or otherwise, it shall be the
duly of the Governor to till the same by
appointment, and the appointee shall hold
his office until his successor shall be elect
ed and qualified in such manner as may
be proviided by law.
Sec. 21. An account shall Imj kept by
the officers of the executive department
and of all the public institutious of the
State, of all monies received or disbursed
by them severally from all sources, and lor
every service performed, and a semi-annual
report thereof be made to the Governor
under oath; and any officer who makes a
false report, shall be guilty of perjury, and
punished accordingly.
Sec. 22. The officers of the executive
department and of all the public institu
tions of the State shall at least ten days pre
ceding each regular session of the Legis
lature, severally report to the Governor,
who shall transmit such reports to the leg
islature, together with the reports ol the
judges of the supreme court ot detects in
the constitution ana laws, aim uu- .ionu
or oreither House of the Legislature may
at any time require information in writiug,
under oath, from the officers of the execu
tive department, and all officers and man-.
a"-ers of State institutions, upon au ob
ject relating to the condition, management
and expenses ot tin ir respective offices.
Sfc. 23. There shall be a seal of the
State which shall be called the ' Great
Seal of the State of Nebraska," which