shall be kept by the Secretary of State,
and used by hiiu officially us directed by
Sbc. 24. The .salaries of the Governor,
Auditor of Public Accounts, and Treas
urer, shall be two thousand live hundred
($2,500; dollars each per annum, and of the
Secretary of State, Attorney-General, Su
perintendent of Public Instruction, and
Commissioner of Public Lands and iiuild
iugs, shall be two thousand dollars ($2,000;
each per annum. The Lieutenant-Governor
shall receive twice the compensation
of a Senator, and after the adoption of this
constitution, they shall not receive to their
own use any fees, costs, interest upon
public moneys in their hands, or under
their control, perquisites of office or other
compensation, and all fees that may here
after be payable by law for services per
lormed by any officer provided for in this
article of the Constitution, shall be paid
iu advance into the State treasury. There
shall be no allowance for clerk hire in the
offices of Superintendent of Public In
struction and Attorney -General. '
Skc. 2.1. The officers mentioned in this
article shall give bonds in not less than
double the amount of money that may
come into their hands, and in no case in
less than the sum of tifty thousand dollars,
with such provisions as to sureties and the
approval tnereof, and tor the iucrea.se of
the penalty ot such bonds, as may be pre
scri fd by law.
okc. 2ii. .No other executive State of
fice shall be continued or created, and the
dut ies now devolving upon officers not pro
vided lor by this constitution shall be per
formed liy the officers herein created.
ARTICLE VI.
THE JUDICIAL DEPARTMENT.
Section 1. The judicial power of this
State shill be vested in a supreme court,
district courts, count)' courts, justices of
the peace, police magistrates, and in such
oilier courts, inferior to the district courts,
as may be created by law lor cities and
incorporated towns.
m:c. 2. The supreme court shall con
sist ot three judge;., a majority of whom
shall be necessary to form a quorum or to
.pronounce a decision. It shall have
original jurisdiction in cases relating to
the revenue, civil cases in which the Slate
shall be a party, mandamus, quo warranto,
habeas corpus, and such appellate juris
diction as may be provided by law.
Sec. L At least two terms of the su
preme court shall be held each year, at
the seat of government.
Sec. 4. fhe judges of the supreme
court shall be elected by the electors of
the State at large; and their terms of office,
except of those chosen at the first elec
tion, as hereinafter provided, shali be six
years.
Sec. o. lhe judges ot the supreme
court shall, immediately after the first
election under this constitution, be classi
fied by lot so that one shall hold his office
lor the term of two years, one lor the
' term of four years, and one lor the term
ot six years.
Sec. ti. The judge of the- supreme
court having the shortest term to serve,
not holding his office by appointment or
election to rill a vacancy , shall be the chief
justice, and as such shall preside at all
terms of the supreme court; and incase
of his absence, the judge having in like
manner the next shortest term to serve
shall preside in his stead.
Sec. 7. Xo person shall be eligible to
the office of judge of the supreme court
unless he shall be at least thirty years of
age, and 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. There shall be appointed by
the supreme court a reporter, who shall
also act as clerk af the supreme court and
librai lau of the law and miscellaneous li
brary of the State, whose term of office
shall b: four years, unless sooner removed
by tlie court, whose salary shall be fixed
by law, not to exceed lift ecu hundred dol
lars pei annum. The copyright of the
fctate nj torus shall forever belong to the
State.
Sec. !. The district courts shall have
both chancery and common law jurisdic
tion, and such other jurisdiction as the
legislature may provide; and the judges
thereof shall admit persons charged with
lelony to a plea of guilty, and pass such
sentence as may lie prescribed by law.
Sec. 10. The State shall be divided
into six judicial districts, in each of
which shall lie elected, by the electors
thereof, one juilge, who shall be judge of
the district court therein, ami whose term
ot office shall be tour years. Until other
wise provided by law, said districts shall
be as follows :
First district The counties of Richard
son, Johnson, Pawnee, Gage, Jetlerson,
Saline, Thayer, Clay, Nuckolls, and Fill
more .
Second district The counties of Nem
aha, Otoe, Cass, ami Lancaster.
Third district The counties of Doug
las, Sarpy, ashington, and Hurt.
Fourih disiricl lhe counties of Saun
ders, Dodge, Jiutler, Colfax, Platte, Polk,
Merrick, Hamilton, York, Seward, Hall,
and Howard.
Filth i.islrict The counties of liullalo,
Adams, Webster, Franklin, Harlan, Kear
ney, lTic-:; s, Gosper, Furnas, Hitchcock,
Dundy, Ci.ase ,Cheyenne, Keith, Lincoln,
Dawson, Sherman, lied Willow, Frontier,
and the unorganized territory west of said
district.
Sixth district The counties of Cum
ing, Dakota, Dixon, Cedar, Wayne, Stan
ton, Madison, Loone, Pierce, Knox, Ante
lope, Holt, Greeley, Valley, and the unor
ganized territory west of said district.
Sec. 11. The legislature, whenever two
thirds of the members elected to each
house shall concur therein, may, in or
after the year one thousand eight hundred
and eighty, and not ofteuer than once in
every tour years, increase the uumler of
judges of the district courts, and the ju
dicial districts of the State. Such uis-
tricLs 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 office of any judge.
Sec. 12 The juuges of the district
courts may hold courts for each other, and
shall do so when required by la v.
Sec. 13. The judges of the su
preme and district courts shall each
receive a salary of twenty -flve
hundred dollars per annum, payable
quarterly.
Sec. 14. No judge of the supreme or
district courts shall receive any other
compensation, perquisite, or ben, fit, for
or on account of his office, in any form
whatever, nor act as attorney oi coun
selor at law in any manner whatever;
nor shall any salary be paid to any
county judge.
Sec. 15. 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
shall be two years.
Sec 10. County courts shall be courts
of record, and shall have original juris
diction iu all matters of probate, seltle- i
meats of estates of decased persons, ap
pointment, of guardians, and settlement
of their accounts; in all matters relating
to apprentices; and such other jurisdic
tion in criminal cases in which the
punishment ma)- exceed six months' im
prisonment, or a fine of over five hun
dred dollars ; nor In actions in which title
to real estate is soughtto be recovered, or
may be drawn in question ; nor in action
on mortgage or contracts for the convey
ance of real estate ; nor in civil actions
where the debt or sum claimed shall ex
ceed one thousand dollars.
Sec. 17. Appeals to the district courts
from the judgment of the county courts
shall be allowed in all criminal cases, on
application of the defendant; and in all
cases, on application of either party, and
in such other cases as may be provided by
law.
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;
Prodded, that no justice of the peace shall
have jurisdiction of any civil case where
the amount in controversy shall exceed
two hundred dollars; nor in a criminal
case where the punishment may exceed
three months imprisonment, or a fine of
over one hundred dollars, nor in any mat
ter 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, proceedings, and
practice of all courts of the same class
or grade, so far as regulated by law and
the force find effect of the proceedings,
judgments, and decrees of such courts,
severally, shall be uniform.
Sec. 20- All officers provided for in
this article shall hold their offices until
their successors shall be qualified, and
they shall respectively reside in the dis
trict, county, or precinct for which they
shall be elected or appointed. The
terms of office of all such officers, when
not otherwise prescribed in this article,
shall be two years. All officers, when
not otherwise provided for in this article,
shall perform such duties and receive
such compensation as may be provided
by law.
Sec. 21. In case the office of any
judge of the supreme court, or of any
district court, shall become vacant before
the expiration of the regular term for
which he was 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 unexpired term at the first
general election that, occurs more
than thirty days after the vacancy shall
have happened. Vacancies in all other
elective offices provided for in this article
shall be filled by election, but when the
unexpired' term does not exceed one year
the vacancy niajr be filled by appointment,
in such manner as the legislature may
provide.
Sec. 22. The State may sue and be
sued, and the legislature shall provide by
law in what manner and in what courts
suit shall be brought.
Sec. 23. The several judges of the
courts of record shall have such jurisdic
tion at chambers as may be provided by
law.
Sec. 24. All process shall run in the
name of "The State of Nebraska," and all
prosecutions shall be carried on in the
name of "The State of Nebraska."
ARTICLE VII.
RIGHTS OP SUFFRAGE.
Section 1. Every male person of the
age of twenty-one years or upwards be
longing to either of the following classes,
who shall have resided in the State six
mouths and in the county, precinct, or
ward, for the term provided by law, shall
be an elector.
First Citizens of the United States.
Second Persons of foreign birth who
shall have declared their intention to be
come citizens conformably to the laws of
the United States, on the subject of natu
ralization, at least thirty days prior to an
election.
Sec. 2. No person shall be qualified to
vote who is non compos mentis, or who
has been convicted of treason or felony
under the law of the State or of the United
States, unless restored to civil rights.
Sec. 3. Every elector in the actual
military service of the United States, or of
this State, and not in the regular army,
may exercise the right of suffrage at such
place and under such regulations as may
be provided by law.
Sec. 4. No soldier, seaman, or marine
iu the army and navy of the United States
shall be deemed a resident of the State in
consequence of leing stationed therein.
Sec. 5. Electors shall in all c:&es, ex
cept treason, telony, or breach of the peace,
be privileged from arrest during their at
tendance at elections, aud going to and re
turning from the same, aud no elector shall
be obliged to do military duty on the days
of election, except in time of war and pub
lic danger.
Sec. . All votes shall by ballot.
ARTICLE VIII.
education.
Sec. 1.
treasurer,
The governor, secretary of state,
attorney general, and commis
sioner of public lands and buildings shall,
under the direction of the legislature, con
stitute a board ot commissioners, lor the
sale, leasing and general management of
all hinds and funds set apart lor education
al purposes, and for the investment of
school funds, in such manner as may be
pr scrtlted by law.
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 de
clared to be perpetual funds for common
school purposes, of which the annual inter
est or income only can be appropriated
to-wit :
First Such per centum as has been, or
may hereafter be, granted by congress on
the sale ot 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 se
lec ted, in lieu thereof.
Third The proceeds of all lands that
have been, or may hereafter be, granted to
this State, whereby the terms and condi
tions of such grant, the same are not to be
otherw ise appropriated.
Fourth The net proceeds of lands and
other property and effects that may come
to the Slate, by escheat or forfeiture, or
from unclaimed dividends, or distributive
shares ol" the estates of deceased persons.
Fifth All moneys, stocks, bonds, lands,
and other property, now belonging to the
common school fund.
Sec 4. All other grants, gifts and de
vises, that have been, or may hereafter be
made to this State, and not otherwise ap
propriated by the terms of the grant, gift,
or devise, the interest arising from all the
funds mentioned in the preceding section,
together with all the rents of the unsold
school lands, and such other means as the
legislature may provide, shall be exclu
sivelyMpplied to the support and mainten
ance of common schools in each school
district in the State.
Sec. 5. All fines, penalties, and license
moneys arising under the general laws of
the State, shall belong and be paid over to
the counties respectively, where the same
may be levied or imposed, and all fines,
penalties, and license moneys arising under
the rules, by-laws, or ordinances of cities,
villages, towns, precincts or other muni
cipal sub-divisions less than aeounty shall
belong aud be paid over to the same re
spectively. All such fines, penalties, and
license moneys shall be appropriated.exe! u-
sively to the use and support of common
schools in the respective sub-divisions
where the same may accrue.
Sec. 6. . The legislature shall provide for
the tree instruction in the common schools
of this State of all persons between the
ages of five and twenty-one years.
Sec. 7. Provision shall be made by gen
eral law for an equitable distribution of
the income ot the fund set apart for the
support of the common schools among the
several school districts of the State, and no
appropriation shall be made from said fund
to any district for the year in which school
is not maintained at least three months.
Sec. 8. University, agricultural college
common school or other lands which are
now held or may hereafter be acquired by
the State for educational purposes, shall
not be sold for less than seven dollars per
acre, nor less than the appraised value.
Sec. 9. All funds belonging to the State
for educational purposes the interest and
income whereof only are to be used, shall
be deemed trust funds held by the State,
and the State shall supply all losses there
of that may in any manner accrue, so that
the same shall remain forever inviolate
and undiminished, and shall not be in
vested or loaned except on United States
or State securities, or registered county
bonds of this State; and such funds with
the interest and income thereof, are hereby
solemnly pledged for the purpose for which
they are granted and set apart, and shall
not be transferred to any other fund for oth
er uses.
Sec. 10. The general government of
the University of Nebraska shall, under
direction of the legislature, be vested in a
board of six regents to be styled the Board
of Regents of the University of Nebraska,
who shall be elected by the electors of the
Stat at large, and their term of office, ex
cept those chosen at the first election as
hereinafter provided, shall be six years.
Theiduties and powers shall be prescribed
by law ; and they shall receive no compen
sation, but may be reimbursed their actual
expenses incurred in the discharge of their
duties.
Sec- 11. No sectarian instruction shall
be allowed in any school or institution sup
ported in whole or in part by the public
funds set apart for educational purposes ;
nor shall the State accept any grant, con
veyance, or bequest of money, lands, or
other property, to be used for sectarian
purposes.
Sec. 12. The legislature may provide
by law for the establishment of a school or
schools for the safekeeping, education, em
ployment, and reformation of all children
under tin-age of eighteen years, who for
want of proper parental care, or other cause
are growing up in medicancy or crime.
ARTICLE IX.
REVENUE AND FINANCE.
Section 1. The legislature shall provide
such revenue as may be needful, by levying a
tax by valuation, so that every person and
corporation shall pay a tax in proportion to
the value of his, her, or its property aud fran
chise, the value to be ascertained in such
manner'as the legislature shall direct; and it
shall have power to tax peddlers, auctioneers,
brokers, hawkers, commission merchants,
showmen, jugglers, inn-keepers, liquor deal
ers, toll bridges, ferries, insurance, telegraph
and express interests or business, venders of
patents, in such manner as it snau direct oy
general law, uniform as to lhe class upon
which it operates.
Sec 2. The property of the state, counties,
and municipal corporations, both real and
personal, shall be exempt from taxation, and
such other property as may be used exclu
sively for agricultural and horticultural so
cieties, for school, religious, cemetery, and
charitable purposes, may be exempted from
taxation, but such exemption shall be only
by general law. In the assessment of real es
tate incumbered by public easement, any de
preciation occasioned by such easement may
be deducted in the valuation of such proper
ty. The legislature may provide that the in
creased value of lands by reason of live fences,
fruit and fore6t trees, grown and cultivated
thereon, shall not be taken into account in
the assessment thereof.
Sec. 3. The right of redemption from all
sales of real estate, for the non-payment of
taxes or special assessments of any character
whatever, shall exist iu favor of owners and
persons interested in such real estate for a
period of not less than two years from such
sales thereof. Provided, that occupants shall
in all cases.be served with personal notice be
fore the time of redemption expires.
Sec. 4. The legislature shall have no power
to release or discharge any county, city,
township, town, or district whatever, or the
inhabitants thereof, or any corporation or the
property therein, from their or its propor
tionate share of taxes to be levied for slate
purposes, or due any municipal corporation,
nor shall commutation for such taxes be au
thorized in any form whatever.
Sec. 5. County authorities shall never as
sess taxes the aggregate of which shall ex
ceed one olid a half dollars per one hundred
dollars valuation, except-for the payment of
indebtedness existing at the adoption of this
constitution, nuless authorized by a vote of
the people of the county.
Sec. 0. The legislature may vest the cor
porate authorities of cities, towns, aud villa
ges with power to make local improvements
by special assessment or by special taxation
of property benetitted. For ull other corpo
rate purposes, all municipal corporations
may be vested with authority to assess and
collect taxes, but such taxes shall be uniform
in respect to persons and properly within the
jurisdiction of the body imposing the same. .
Sec 7. Private property snail not be liable
to be taken or sold lor the payment of the
corporate debts of municipal corporations.
The legislature shall not impose taxes upon
municipal corporations, ojhe inhabitants or
property tnereoi, lor corporate purposes.
Sec. S. The legislature at its tirst session
shall provide by law for the funding of all
outstanding warrants aud other indebtedness
of the state, at a rate of interest not exceed
injr eight per cent, per annum.
Sec 9. The legislature shall provide by
law, that all claims upon the treasury shall
be examined and adjusted by the auditor aud
approved by the secretary of state, before
any warrant for the amount allowed shall be
drawn. Provided, that a party aggrieved by
the decision of the auditor and secretary oi
state may appeal to the district court,
ARTICLE X.
COUNTIES.
Section 1. No new county shall be
formed or established by the legislature
which will reduce the county or counties,
or either of them to a less area than four
hundred square miles, nor shall any county
be formed ot a less area.
Sec. 2. No county shall be divided, or
have any part stricken therefrom, without
first submitting the question to a vote of
the people ot the county, nor unless
majority of all the legal voters of the
county voting on me question shall vote
tor the same.
Sec 3. There shall be no territory
stricken from any organized county, un
less a majority of the voters living in such
territory shall petition for such division.
and no territory shall be added to any
organized county without the consent of
the majority of the voters of the county to
which it is proposed to be added ; but the
portion so stricken off and added to an
other county, or formed in whole or in
part into a new county, shall be holden
tor and obliged to pay its proportion ot
the indebtedness ot the counties from
which it has been taken.
Sec 4. The legislature shall provide
by law for the election of such county
and township officers as may be neces
sary.
Sec. 5. The legislature snau proviue
by general law for township organization,
under which any county may organize
whenever a majority of the legal voters
of such county voting at any general elec
tion shall am determine ; and in any county
that shall have adopted a township organ
ization the question of continuing the
same may be submitted to a vote of tfee
electors of such county at a general elec
tion in the manner that shall be provided
by law.
ARTICLE XI. CORPORATIONS.
RAILROAD CORPORATIONS.
Section 1. Every railroad corporation
organized or doing business in this State,
under the laws or authority thereof, or of
any other state, or of the" United States,
siall have and maintain a public office
or place in this state for the transaction of
its business, where transfers of stock shall
be made,, and in which shall be kept, for
public inspection, books in which shall
be recorded the amount of capital stock
subscribed, and by whom, the names of
tlfe owners of its stock,, and the amounts
owned by them respectively, the amount
of stock paid in and by whom, the trans
fers of said stock, the amount of its assets
and liabilities, and the names and places
of residence of its officers. The directors
of every railroad corporation or other par
ties having control of its road, shall annu
ally make a report under oath, to the audi
tor of public accounts, or some officer to
be designated by law, of the amount re
ceived from passengers and freight, and
such other matters relating to railroads as
may be prescribed by law. And the legis
lature shall pass laws enforcing by suita
ble penalties the provisions of this sec
tion. Sec. 2. The rolling stock and all other
movable property belonging to. any rail
road company or corporation in this
state, shall be liable to execution and sale
in the same manner as the personal prop
erty of individuals, and the legislature,
shall pass no law exempting any such
property from execution and sale.
Sec. 3. No railroad corporation, or
telegraph company, shall consolidate its
stocks, property, franchises, or earnings
in whole or in part, with any other rail
road corporation or telegraph company
owning a parallel or competing line; and
in no case shall any consolidation take
place, except upon public notice of at
least sixty days, to all stockholders, in
such manner as may be provided by law.
Sec. 4. Railways heretofore construct
ed, or that may hereafter be constructed,
in this state are hereby declared public
highways, and shall be free to all persons
for the transportation of their persons and
property thereon, under such regulations
as may be prescribed bv law. And the
legislature may from time to time pass
laws establishing reasonable maximum
rates of charges for the transportation of
passengers ana freight on the different
railroads in this state. The liability of
lanxoau corporations as common carriers
shall never be limited.
Sec 5. No railroad corporation shall issue
any stock or bonds, except for money, labor,
or property actually received and applied to
the purposes for which such corporation was
created; and all stock, dividends, and other
41.. AlAl m . . -
ucuuous increase oi the capital stock or in
debtedness of any such corporation shall be
void. The capital stock of railroad corpora-
nuiio ouau not oe increased lor unv mimme.
n-v,,,.t v.i: - . J. c, f .
vjk-cjju oiici jfuunc notice lor sixty days, in
such manner as may be provided by law.
Sec tt. The exercise of the now er and the
right of eminent domain shall never be so
construed or abridged as to prevent the tak
ing, by the legislature, of the nronertv and
franchises of incorporated companies already
organized, or hereafter to be organized, and
suujecung mem to tne public necessity the
same as of individuals.
Sec 7. The legislature shall pass laws to
correct anuses ana prevent unjust discrimi
nation and extortion in all charges of express,
telegraph, and railroad companies in this
State, and enforce such laws by adequate
penalties to the extent, if necessary for that
jjuipusc, oi loneiture oi tneir property and
franchises.
Sec. 8. No railroad corporation organized
under the laws of any other State, or of the
United States, and doinar business in this
State, shall be entitled to exercise the right
oi eminent uomaiu, or have power to acquire
the right of way, or real estate for depot or
other uses, until it shall have become a bodv
corporate pursuant to and in accordance with
the laws of this State.
MUNICIPAL CORPORATIONS.
Sec. 1. No city,- county, town, precinct
municipality, or other sub-division of the
State, shall ever become a subscriber to the
capital stock, or owner of such stock, or any
portion or interest therein, of any railroad,
or private corporation, or association.
MISCELLANEOUS CORPORATIONS.
Sec. 1. No corporation shall he created by
special law, nor its charter extended, changed,
or amended, except those for charitable, edu cational,
penal, or reformatory purposes,
which are to be and remain under the patron
age and control of the State, but the legisla
ture shall provide by general laws for the
organization of all corporations hereafter to
be created. All general laws passed pursuant
to this section may be altered from time to
time, or repealed.
Sec. 2. -So such general law shall be passed
by the legislature granting the right to con
struct and operate a street railroad within
any city, town, or incorporated village, w ith
out nrst requiring lhe consent ot a majority
of the electors thereof.
Sec. :i. All corporations may sue and be
sued in like cases as natural persons.
Sec. 4. In all cases of claims against cor
porations and joint stock associations, the
exact amount justly due shall be lirst ascer
tained, and after the corporate property shall
have been exhausted, the original subscribers
thereof shall be individually liable to the
extent of their unpaid subscription, and the
liability for the unpaid subscription shall fol
low the stock.
Sec 5. The legislature shall provide by law
that in all elections for directors or managers
of incorporated companies, every stockholder
shall have right to vote in person or by proxy
for the number of shares of stock owned by
him, for as many persons as there are direct
ors, or managers to be elected, or to cumulate
said shares and give one candidate as many
votes as the number of directors i.mltiplied
by the number of his shares of st dv, shall
equal, or to distribute them upon the same
principle among as many candidates as he
shall think tit, and such directors or mana
gers shall not be elected in any other manner.
Sec 0. All existing charters or grants of
special or exclusive privileges, under which
organization, shall not have taken place, or
which shall be iu operation within sixty days
from the time this constitution takes effect,
shall thereafter have no validity or effect
whatever.
or evidences of indebtedness so issued shall be
valid unless the same shall have eudorscd
thereon a certificate signed by the secretary
aud auditor of Stale, showing that the same
is issued pursuant to law.
Sec 3. The credit of the State shall never
be given or loaned in aid of any individual,
association, or corporation.
ARTICLE XIII.
MILITIA.
Section L The legislature shall deter
mine what persons shall constitute the militia
of the State, aud may provide for organizing
and disciplining the name.
ARTICLE XIV.
MISCELLANEOUS PROVISIONS.
Section 1. Executive and judicial officers
aud members of the legislature, before they
enter their official duties shall take and
subscribe the following oath or ailinua
tion, "I do solemnly swear (or affirm) that
I will support the constitution of
the United States, and the constitu
tion of the State of Nebraska, aud will faith
fully discharge the duties of accord
ing to the best of my ability, and at the elec
tion at which I was chosen to till said olliee 1
have not improperly influenced in any way
the vote of any elector, aud have not accepted
nor will 1 accept or receive directly or indi
rectly, any money or other valuable tiling
from any corporation, compary, or j crsou, or
auy pfomiseof olliee, for an V otliehq actor in
fluence (for any vote 1 may give or withhold
on auy bill, resolution, or appropriat'.m;."
Any such officer or member of the. legisla
ture who shall refuse to take oath herein pro
se ribed,-sh all forfeit his olliee, and any person
who shall be convicted of having sworn fine
ly to, or of violating his said oath shall for
feit his office, and thereafter be disqualified
from holding any olliee of profit or trust in
this State, unless he shall have been restored
to civil rights.
Sec. 2. Any person who is in default in
collector and custodian of public money or
property shall not be eligible to any olliee of
trust or protit under the constitution or laws
of this State; nor shall any person convicted j he the sue
of felouv be eligible to office unless he shall
have been restored to ciyil rigr
Sec 8. Drunkenness shall I" cause of im
peachment and removal from olliee.
tion," then so much of this new constitution
as was not separately submitted to be voted ou
by articles Biiali be the supreme law of the
State of Nebruska, on und after the lirst day
of November, A.D. IS 75. Hut if it should up
pear that u majority of the votes polled were
-against the new constitution," the whole
thereof, including the articles si puratdy sub
mitted shall be null anil oid. U the vole
for the " new constitution,' oualt adopt the.
same, and it shall appear that a majority oi
the votes polled are for the article " the seat
of government," said article shall he a pari
of the constitution of this state. If the votes
for the "jiew constitution" shall adopt the
same, and it shall appear that the. major
ity ot the votes polled ure "'for the article ul
lowing electors to express their prclcicuce
for United Slates Senator," said article shall
be a part of the constitution of this stale.
Sec. l.i. The general election of this state
shall bo held on the Tuesday succeeding the
lirst Monday iu November of each year, ex
cept the first general election, which shall be
on the second l'uesday in October, lT-. All
bt ate, district, county, precinct, and township
officers, by the constitution or law made
elective by the people, except school district
odieers, und municipal officers in citie-t, Vil
lages, und towns, sh;.il be i lected at a general
election to be held an aforesaid. Ju'lgcsoi
the supreme, district, and county courts, all
elective county und precinct officers, und nil
other elective olliccrs, the time for Hie elec
tion of whom is not herein otherwise provided
for, and which ure not included in the above,
exception, shall be elected at lhe tirsl general
election, and thereafter at the general election
next preceding the time ol the termination
of heir respective terms of office. J'rurvliit,
That the olliee- of no county commissioner
shall be vacated thereby.
Sec. li. The terms of office of all stale
and county officers, of judges of the supreme,
district, and county courts, and regciiU ol
the University, shall begin on the lirst Thurs
day after the lirst Tuesday in January next
succeeding their election. The present stale
aud county officers, members of the legisla
ture, and regents of the University, shall con
tinue iu office until their successors shall be
elected and (pialilieil.
Ski. The supreme, district, anil county
courts established by this constitution shall
rs respect ividy of the supreme
court, the district courts, and the prohati
court, having jurisdiction under the evist ing
constitution.
Sec. lb. The supreme, district, and probate
courts now in existence shall continue, uud
the judges thereof shall exercise the power
and retain their present jurisdiction until the
courts nrov'uled for bv this constitution shall
Sri- 1 TifWr rimch of thn hxrislnfnre be organized.
' - ... .. c;..., i to . .....i I
i-TA .. li. .vii ca-'s. mailers, and nnm-ru
ARTICLE XV.
AMENDMENTS.
may propose amendments to this constitution.
and if the same be agreed to by three-fifths of
the members elected to each house, such pro
posed amendments shall bis entered on the
journals, with the yeas and nays, and pub
lished once each week in at least one news
paper in each county, where a newspaper is
published, for three months immediately pre
ceding the next election of senators and rep
resentatives, at which election the same shall
be submitted to the electors for approval or
rejection, and if a majority of the electors
voting at such election, adopt such amend
ments, the same shall become a part of this
constitution. When more than one amend-:
ment is submitted at the same election thev
ceil
ings, pending iindctjrriijincii in the several
courts, and all records, judgments, orders,
und decrees remaining therein, are hereby
transferred to und shall bo proceeded in und
enforced in and M" the successors thereof
respectively.
Sec. t. "f this constitution be adopted,
the existing constitution shall cease iu ull its
provisions on the tirst dav of November, A.D.
1875.
Set. J!). The provisions of this constitu
tion 'required to be executed prior to the
adoption or rejection thereof shall take effect
and be in force immediately.
Sec. 20 The Legislature shall pass all laws
shall be so submitted as to enable th, elector?) necessary to carry into effect the provisions
to vote on each amendment separately. - j iui. constitution.
Sec 2. When three-fifths of the member's 1 Sec. 21. On the taking effect of tins con
elected toeach branch of the legislature deem i stitution all state officers hereby continued
it necessary to call a convention to, -rcvi;f; I ,n office shall, before proceeding in the furthei
amend, or change this constitution, thev shall i discharge of their duties, take an oath or
recommend to the electors to vore at the next ! affirmation to support this constitution,
election of members of the legislature, for or Sec 22. The regents of the University
against a convention, and if a majority voting i ll;dl be elected at the first general election
at said election vote for a convention the leg- under this constitution, and be; classified by
islature shall, at its next session provide, by f ot that two shall hold their offices for the
law for calling the same. The convention j term of two years, two for the term of four
shall consist of as many members us I years, and two for the term of six years,
the house of representatives, who shall be ! E'- The present executive state olll
chosen in the same manner, und shall meet j thall continue in office ur.-.il the .xeeu
within three months after their election, for j tive stiite officers provided for in 'his consti
the purpose aforesaid. No amendment or j tution shall he ri't.-d ami quallhed.
change of this constitution, ayreed unon bv ! 'ec. 24. The returns of 'nc whole vote
such convention, shall take chert until the
6ame has been submitted to the electors of
the State, and adopted by a majority of those
voting for and against the same.
SCHEDULE.
Section 1. That no inconvenience may
arise from the revisions and changes made in
the constitution of this State, and to carry
the same into effect, it is hereby ordained and
declared that all laws in force at the time of
the adoption of this constitution, not incon
sistent therewith, and all rights, actions, pro
secutions, claims and contracts of the State,
individuals or bodies corporate, shall continue
to be as valid as if this constitution had not
been adopted.
Sec 2. All lilies, taxes, penalties and for
feitures owing to the State of Nebraska, or to
the people thereof, under the present consti
tution and laws shall inure to the use of Un
people of the State of Nebraska, under this
constitution.
Sec :. Recognizance, bonds, obligations.
and all other instruments entered into or ex
ecuted before the adoption of this constitu
tion, to the people of the State of Nebraska,
to the stiite of Mebraska, to any Stide or coun-
ty officer, or public body, shfill remain bind- j
ing und valid, aud rights and liabilities upon
the same shall continue; and all crimes and
misdemeanors shall lie tried and punished as I
though no change had been made in the con- !
stitution of this State.
Sec 4. All existing courts which are not. i
in this constitution specifically enumerated, i
and concerning which no other provision is
herein made, shall continue in existence unci
exercise their present jurisdiction until other- .
wise provided by law. I
Sec 5. All persons now filling any office '
or appointment shall continue in the exercise ,
of the duties thereof, according to their re- I
spective commissions, elections or appoint. ;
incuts, unless by this constitution it is other- j
wise directed.
Sec. . The district attorneys now in olliee i
shall continue during their unexpired term to
hold und exercise the duties of their respec
tive, otlices in the judicial districts herein cre
ated, iu which they severally reside. In each '
of the remaining districts one such officer I
shall be elected at the first general election,!
and hold his office until the expiration of the ;
term of those, now in olliee. . i
Sec 7. This constitution shall he submit- j
ted to the people of the State of Nebraska, I
for adoption or rejection, at an election to be 1
held on the second Tuesday, in October, A.I), j
l5j7.", and there shall be separately submitted
at the same time for adoption or rejection the ;
independent article relating to "Seat of tiov-
east for the judges ot tne nuoreihe and district
courts, district attorneys and regents of the
University, under the first general election
shall be made by the several county clerks
to the secretary of State, within fourteen days
after the election; and the returns of the
said votes shall within three days thereafter
be examined and canvassed by the governor,
secretary of state, and the president of this
convention, or uny two of them, und certifi
cates of election shall forthwith be issued by
the secretary of Slate to the persons found to
be elected.
Ski-. 2-". The auditor shall draw the wai
rants of the state quarterly for the payment
of the salaries of all officers under this con
stitution, whose compensut ion is not other
wise provided for, which shall be paid old of
any funds not otherwise appropriated.
Sec 2iJ. Until olherwlse provided by law,
the judges of the district courts shall lix the
time of holding courts in their respective dis
tricts. Sec 27.. The members of the lirst legisla
ture under t his constitution shall be elected
in t he year P7.
Sk 2S. This cf.iiht it ut ion shall becnrolled
and deposited in the olliee of the secretary of
state, and printed copies t hereof shall be pre
fixed to the books containing the laws of
this state, .and all future editions thereof.
PROPOSITION'S SEPARATELY SUB
MITTED. ALLOWING ELECTORS TO liX I'ltKSI Til Kl R PREF
ERENCE fail I NITEI STATES SENATOR.
The legislature may provide thai ut the
general election immediately preceding the
expiration of the term of a I niled Stales sei
ator from this stall-, the electors may by b.ii
lot express their preference for some pcrs i
for the olliee of I nited States senator. Tne
Votes cast for such candidates shall bee:'.
vassed and returned in the same manner
for state olliccrs.
SEAT OP C.OVERNM ENT.
The seat of government of the state shail
not be removed or re-located without, the as
sent of a majority of the electors of the stale,
Voting thereupon at a general election or
elections, under such rules ami regulations as
to the number of elections und maimer of
voting, and places to be voted for, as may be
prescribed by law. I'mnhUnl, The question of
removal may be submitted ut such other gen
eral elections as may be provided by law.
Done in convention at the Capitol in the
city of Lincoln, on the twelfth day of .fun
BANKS.
Sec. 7. Every stockholder in a banking
corporation or institution, shall be individ
ually responsible and liable to its creditors
over and above the amount of stock by him
held, to an amount equal to his respective
stock or shares so held, for all its liabilities
accruing while he remains such stockholder,
and all banking corporations shall publish
quarterly statements, under oath, of their
assets and liabilities.
in
eminent," and the independent' article "Al- i the year of our Lord one thousand eight hiin
lowing electors to express their preference j dred and seven ty-Iive, ami of the Independence
for United States Senator." j of the United States the ninety-ninth.
Sec 8. Atsaid election the qualified voters In w itness whereof we have hereunto sub
shall vote at the usual place of voting, and j scribed our names.
me saia election piiau do conoucteu ami tne i
returns thereof made according to the laws j
John Leb Wehstek, President.
STATE, COUNTY
ARTICLE XII.
AND MUNICIPAL
NESS.
INDEBTED.
now in force, regulating general elections, i , -r,,,"u
except as herein otherwise provided. ! Uuke Agur,
Sec. 9. The secretary of Ftate shall, at I '' "' CKer,
least twenty clays before said election, cause i o.vV
to be delivered to the county clerk of each ! Vllnt)" ''-iggs,
county, blank poll books, tally lists, and j 'nerson II Broady,
forms of return, and twice as many of prop- ; . A IV Brown,
erly prepared printed ballots for the said elee- j y Burtch,
tion as there are voters in such county, the j - y- Ut ilhoun,
expenses whereof shall be audited and paid : y- ;ilr"s'
as other public printing ordered by the secre- , ' 'ar,i'
tarv is by law required to be audited and paid; j Urates,
nrl th. several cminrv clerk- h:ill ut li.a-t A. 11. Connor,
fivedavs before said election, cause to be dis- I Cummins,
tributed to the judges of election in each elec
tion precinct in their respective counties, said
blank poll books, tally lists, forms of return,
and tickets.
Sec. 10. At the said election the ballots
shall be of the following form:
Section 1. The state may, to meet casual ,;njh vl, rv.',w,v..'.v
deficits or failure in the revenues, contract j lhe (jr.fe Matinr lo ".W of Qom
debts never to exceed m the aggregate one j inent "
huudred thousand dollars ; and no greater in- I A,jainxt the articte reiannn to "Seat of Oo
debtedness shall be incurred except for the ent,ne)lt.n
James W. Dawes,
: J. E. Doom
! W. L. Dunlap,
I R. C. Eld ridge,
J. G. Evvan,
James Laird,
Chus. F. Mandcrson,
Frank Martin,
A. W. Mathews,
Samuel Maxwell,
M. H. Rues,
W. M. liobertson.
purpose of repelling invasion, suppressing in
surrection, or defending the State in war, and
provision shall be made for the payment of
the interest annually, as it shall accrue, by a :
tax levied for the purpose, and rrom other '
sources of revenue, which law providing for'
the payment of such interest by such tax,
shall tie irreparable until such debt be paid.
Sec 2. No city, ortunty, town, precinct,
municipality or other subdivision of the State
shall ever make donations to any railroad or
other work of internal improvement, unless
a proposition to oo so snau nave neeu uri
submitted to the qualified electors thereof at
an election by authority of law. Prouid&J,
that such donations of a county with the do-
Josiall Rogers.
f or tlitt arttrie A.uoittmrj eteetorx toerpresx ttuar ; J: 11. Sauls,
preferem-efor United States Senators." John McPherson,
A;ainxt the article Alltwin; tfie, elertor to W. II. Mungcr,
ej-presx i neir preference jor o Hired Mats Men- .1.11. t'eery
Hlorx.
Sec. 11. The returns of the whole vote cast
and of the votes for the adoption or rejection i
of this constitution, and for or against the ar- I
tides respectively submitted shall tie made '
by the several county clerks to the secretary j
of state, within fourteen days after the dec- ;
tion, and the returns of the said votes shall !
within three days thereafter, be examined ;
aud canvassed by the president of this' con- j
vention, tne secretary oi state, auu tne gover-
V. W. Pierce,
S. B. Pound,
Isaac. Powers, Jr.,
A t test :
tier A. Brown,
S. R. Foss,
C". II. Frady,
Joseph (.earlier,
C. II. tie re,
Henry (irebe,
Edwin N. (Jretie.ll,
George L. Grilling,
William A. Gwyer,
Andrew ll.illn,.r,
J. D. Hamilton,
James Harper,
Roiu-rt B. Harrington,
J. B. Huwlev,
M. L. Ilavw'.rd,
D. P. Henry,
B. I. Hiiim.ui,
M. R. ilopewe.ll,
C. E. II anle.r,
A. ;. K :ndull,
S. M Kirkpairi. k,
it. 11. Miedd,
George S. Smith,
W. If. Sterns,
R. F. Stevenson,
John J. Thompson,
L. B. Thome,
Jacob Y'allery, Sr.,
C. 11. Van WvcK,
'harles F. VValther,
A. M. Walling,
T. L. Warrington,
A. J. Weaver,
M. W. Wilcox,
I. F. Zediktsr.
Secret;
C L. Mather, As.i't Secietury
nations of such subdivisions in the aggregate i nor, or any two of them, and proclamation
shall not exceed ten per cent, ol the assessed shall be made forthwith, by the governor or
valuation of such count?. Provideil furtfu-r.
that anv city or county may, by a two-thirds
vote. Increase such indebtedness Ave per cent,
in addition to such tea per cent., and no bands
the president of this convention, of the result
of the canvass.
Shc. 12. If it shall appear that a majority
of the votes polled are : for the new coustitu-
