THE HEW CONSTITUTION.
PREAMBLE.
We, the people, grateful to Almighty
God for our freedom, do ordain and estab
ii the following declaration of rights
frame of government, the constitu
tion of the State of Nebraska.
ARTICLE I.
nature
certain
are life
BILL OF KIQUT8.
Section 1. All persons are by
free and independent, and have
inalienable rights: among these
liberty and the pursuit ot happiness. To
secure these rights, and the protection of
property governments are instituted
among people, deriving their just powers
from the consent of the governed.
Sec. 2. There shall be neither slavery
nor involuntary servitude in this State,
otherwise than for punishment of crime,
whereof tae party shall have been duly
convicted.
Sec. 3. No person shall be deprived of
lile, .liberty, or property, without due
process of law.
Sec. 4. All persons have a natural and
indefeasible right to worship Almighty
God according to the dictates of their own
consciences. No person shall be coni
pelled to attend, erect or support any
place of worship against his consent, and
no preference shall be given by law to.
any religious society, nor shall any inter
ference with the rights of conscience be
permitted. No religious test shall be re
quired as a qualification for ottice, no
shall any person be incompetent to be a
witiess on account of his religious belief:
but nothing herein shall be construed to
dispense with oaths and affirmations. Re
ligion, morality and knowledge however,
being essential to good government, it
shall be the duty of the legislature to pass
suitable laws to protect every religious
denomination in the peaceable enjoyment
oi us own mocieor puouc wors
ARTICLE II.
DISTRIBUTION OF POWERS.
Section 1. The powers of the govern
ment of this State are divided into three
distinct departments the legislative, ex
ecutive, and judicial, and 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.
LEGISLATIVE.
Section 1. The legislative authority
is vested in a Senate and House of Repre
sentatives. Sec. 2. The Legislature shall provide
by law for an enumeration of the inhabit
ants of the State in the year eighteen
hundred and eighty-five, and-every ten
years thereafter, and at its first regular
session alter each enumeration, and also
after each enumerat ion made by the author
ity of the United States,but at no other time,
the Legislature shall apportion the Sena
tors and Representatives according to the
number of inhabitants, excluding Indians
not taxed, and soldiers and officers of the
United States army and navy.
Sec. 3. The House of Representatives
shall consist eighty-four members, and
the Senate shall consist of thirty mem
bers, until the year of eighteen hundred
and eight-, after which time the number
of memlKTs of each house shall be regu
lated by law. Rut the number of Repre
sentatives shall never exceed one hundred,
nor that of Senators thirty-three. The
sessions of the Legislature shall le bien
nial, except as otherwise provided in this
constitution.
Skc 4. The terms of office of members
of the Legislature shall tie 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
wing to and re-
d.i.. n,i t ! mile they shall travel in g
encourage schools and - the means of in- i turning irom the place oi meeting oi ine
struct ion.
Sec. 5. Every person may freely speak
write and publish on all subjects, being
responsible for the abuse of that liberty;
and in all trials for libel, both civil and
criiniaal, the truth, when published with
good motives, ami for justifiable ends,
shall be a sufficient defense.
Sec. 6. The right of trial by jury shall
remain inviolate, out the legislature
may authorize trial by a jury of a less
number than twelve men in courts inferU
ior to the district court.
Sec. 7. The right of the people to be
secure iu their persons, houses, patters,
and effects, against unreasonable searches
and seizures shall not be violated ; and no
warrant shall issue but upon probable
cause, supported by oath or affirmation,
and particularly describing the place to
be searched, and the person or thing to lie
seized.
Sec. 8. The privilege of the writ of
habeas corpus shall not be suspended, un
less, in case or rebellion or invasion, the
public safety requires it, and then only in
such manner as snail be prescribWH by
law.
Sec 9. All persons hall 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 fines
imposed, nor cruel and unusual punish
" menu indicted.
Sec. 10. No person shall be held to
answer for a criminal offense, except in
cases id which the punishment is by fine,
or imprisonment otherwise than in the
penitentiary, in case of impeachment, and
iu cases arising in the army and navy, or
iu the militia when iu actual service in
lime of war or public danger, unless on a
presentment or indictment of a grand
jury; Provided, That the legislature may
by law provide for holding persons to
answer 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 dr by counsel, to de
mand the nature and cause of accusation,
and to have a copy thereof; to meet the
witnesses against lyni face to face; to
have process to compel the attendance of
witnesses iu uis beualf : and a speedy pub
lic trial by an impartial jury of the county
or district in which the ollense is alleged
to haAC been committed.
Skc. 12. No person shall be com
pelled, in any criminal case, to give evi
dence against himselt, or be twice put in
jjopardy for the same offense.
Sec. 13. All courts shall be, and every
person,, for any injury done him iu his
lands, goods, person, or reputation, shall
have a remedy by due course of law, and
justice adininisicred without denial or
el ay.
Sec. 14. Treason against the State shal
consist only in levying war against the
State, or in adhering to its enemies, giv
'"S luem am uu comiori. jMo person
shall be convicted of 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 nrooor-
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
ouense commuiea within the State.
Sec. IK. No bill of attainder, ex pout
jacut law, or law impairing the obligation
ot contracts, or making any irrevocable
grant ot special privileges or immunities,
suau oe passeu.
Sec. 17. I he miltary shall be in strict
subordination to the civil power.
Sec 13. No soldier shall, in time of
peace, be quartered in any house without
the consent of the owner; nor in time of
war, except in the manner prescribed by
law.
Sec It). 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. .
Sec 20. No person shall be imnrisoned
for debt in any civil action on mesne or
nnal process, unless in cases ot fraud.
Sec 2l. The property of no person
shall be taken or damaged 'for public use
without just compensation therefor.
Sec. 22. All elections shall be free;
and there shall be no hindrance or Imped
iment to the rignt of a qualified voter to
exercise the elective franchise.
Sec. 23. The writ of error shall be a writ
of right in all cases of felouy; and
in capital cases shall operate asa super
sedeas to stay the execution of the sen
tence of death, until the further order of
the supreme court in the premises.
Sec. 24. The right to be heard in all
civil cases in the court of last resort, by
appeal, error, or otherwise, shall not be
denied.
Sec. 25. No distinction shall ever be
made by law between resident aliens and
citizens in reference to the possession, en
joyment or descent of property.
Sec 26. This enumeration of rights
shall not be construed to impair or deny
thera retained by the people, and all
powers not herein delegated remaiu with
the people
Legislature on the most usual route; Pro
tided, however, that they shall not
receive pay for more than forty days at
any one session ; and neither members of
the Legislature nor employees shall receive
I any pay or perquisites other than their jht
diem and mileage,
Skc. 5. No person shall be eligible to
j the office of Senator, or meinlier of the
' House of Hepresetatives, who shall not lie
an elector and have resided within the dis
trict from which he is elected for the term
of one year next liefore 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 office after he shall have re
moved from such district.
Sec. G. No person holding office under
the authority of the United States, or any
lucrative office under the authrity of this
State 'shall be eligible to, or have "a seat in
the legislature, but this provision suau
not extend to precinct or townshipofficers,
Justices of the Peace, Notaries Public, or
officers of the militia, nor shall 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.,iSThe session of the Legislature
shall commence at 13 o'clock, (noon), on
the first Tuesday in.T an uary,in the year next
ensuing the election of members there
of, and at no other time, unless as provided
by 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 be the
ludgeof the election, returns, and qualifi
cations of its members, shall choose its
own officers, and the Senate shall choose a
temporal president, to preside when the
Lieutent-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, and preside over it
until a temporary presiding officer thereof
shall have been chosen, ami 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 ot 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 keen a jour
nal of its proceedings and publish them
(except such parts as may require secre
cy), and the yeas and naysor the members
on any question, shall, at khe desire of any
two ot them, lie entered on the journal.
All votes in either House shall be viva
voce. The doors of each House, and of
Committee of the Whole shall be open,
unless when the business shall be such as
ought to be kept secret. Neither House
shall, without the coifsent of the other, ad
journ for more than three days. .
Sec J). Any bill may originate in either
House of the Legislature, except bills aj
propriating money, which shall originate
only in the Rouse of Representatives, and
all bills passed by one House, may be
amended by the other.
Sec. 10. The enacting clause of a law
shall be, "lie it enacted by the Legislature
of the State of Nebraska," and no law
shall lie enacted except by bill. No bill
shall be passed uAcss by assent of a ma
jority of all the memlK'.rs elected to each
House ot the Legislature, and the question
upon final passage shall be taken immedi
ately upon its last reading, and the yeas
and nays shall Ihj entered uponjtlie journal.
Sec. 11. Every bill and concurrent
resolution shall lie read at large on three
different days in each House, and the bill
and all amendments thereto shall lie prin
ted liefore the vote is taken upon its final
passage. iNo inn suau contain more man
one subject, and the same shall le clearly
expressed in its title. And no law shall
lie amended unless the new act contain
the section or sections so amended and
the -section or sections so amended shall
lie repealed. The presiding officer of each
House shall sign iu the presence ot the
House oyer 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 13. Members ot the Legislature
in all cases except treason, telony, or
breach of the peace, shall be privileged
from arrest during the session of the Leg
islature, and for fifteen days next before
the commencement and after the termina
tion thereof.
Sec 13. No person elected to the Leg
islature shall receive any civil appoint
ment within this State from the Governor
and Senate during the terra 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 be 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, authorised by any law passed .du
ring the. term" for which he shall hav
been elected, or wi thiu one year after th
expiration thereof.
Sec. 14. The Senate and House of Rep
resentatives in joint convention shall
have the sole' power 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 not iee
of an impeachment of an- 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 be
served by the Secretary of the Senate,
upon the Judge of the Judicial 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 be 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 office and dis
qualification to hold and enjoy any office
of honor, profit, or trust, in this State, but
the party impeached, whether "convicted
or acquitted shall nevertheless be liable
to prosecution and punishment according
to law. No officer shall exercise his of
fficial duties after he shall have been im
peached and notified thereof, until he shall
liave been acquitted.
Sec. 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
ana constables.
Providing for changes of venue in civil
anil 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, or 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 election,
or designating the place of 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
ing fees, percentage or allowances of pub
lic 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 amending existing
charters for such purpose. Granting to
any corporation, association, or
individual, any special 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. 16. The Legislature shall never
grant any extra compensation to any pub
lic officer, agent, servant, or contractor.
ARTICLE IV.
LEGISLATIVE APPORTIONMENT.
Until otherwise provided by law, Sena
torial and Representative Districts shall
be formed and Senators and Representa
tives apportioned 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 the county
of Nemaha, aud be entitled to one Sena
tor. Dist. No."3 shall. consist of the coun
ty of Otoe, and le entitled to two Sena
tors. Dist. No. 4 shall consist of the coun
ty of Cass, aud be entitled to one Senator.
Dist. No. 5 shall consist'of the county
of Douglas, and be entitled to two Sena
tors. Dist. No. G 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 Cuming, and be entitled to one
Senator.
Dist. No. 10 shall consist of the coun
ties of Burt and Oakdale, and be entitled
to one Senator.
Dist. No. 11 shall consist of the coun
ties of Madison, Stanton, Wayne, Pierce,
Antelope an 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 comi
ties of Hall, Howard, Merrick, Greeley,
and the unorganized territory mirth of
Greeley, aud 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 shall 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.
Lust. jo. li shall consist oi the coun
ty of Lancaster, and lie entitled totwo Sen
ators.
Dist. No. IS shall consist of the coun
ties of Johnson and Pawnee, and be en
titled to one Senator.
Dist. No. 1!) shall consist of the coun
ties of Gage and Jefferson, and be enti
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 and'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),
aud be entitled to one Senator.
Dist. No. 2G 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, aud between
Frontier and Chase, and be entitled to one
Senator.
Dist. No. 20 shall consist of the count'
of Hall, and be entitled to one Represcn
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, and 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 couu
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..3G shall consistjof the county
of Butler, and be entitled to one Represen
tative. Dist. No. 37 shall 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. 3!) 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 Representative.
Dist. No 44 shall consist of the county
of Antelope, and be entitled tm one Repre
sentative. Dist. No. 45 shall 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. 4G shall consist of the coun
ts '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 be enti
tled to one Kepreseutative.
Dist. Xo. 48 shall consist of the coun
ties of Furnas, Phelps, and Gosper, and be
entitled to one Kepresentative.
Dist. No. 49 shall consist of the coun
ties ol Cheyenne, Keith, Dundy, Chase,
Hitchcock, Ked Willow, 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 lie 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, and be entitled
to one Representative.
ARTICLE V
EXECUTIVE DEPARTMENT.
REPRESENTATIVE DISTRICTS.
Dist. No. 1 shall consist of the county
of Richardson, and be entitled to tour
Representatives.
Dist. No. 2 shall consist of the county
after the services shall have been rendered of Pawnee, and be entitled to two liepre-
or the contract entered into, rsor shall seniauves
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 belonging to this
State.
Sec 18. Lands under control of the
State shalinnever be donated to railroad
companies, private orporations, or indi
viduals.
Sec. 19. The Legislature shall make
appropriations for the expense 3. of the
overnment until the expiration of the
rst fiscal Quarter after the adjournment
of the next regular session, and all appro
priations shall end with such fiscal quar
ter. And whenever it is deemed neces
sary to make further appropriations for
deficiencies, 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
lie raised in such time. Bills making ap
propriations for the pay of members and
officers of the Legislature, and for the sal
aries of the officers of the government,
shall contain no provision on any other
subject.
Sec. 20. All offices created by this
Constitution shall become vacant by the
death ot the incumbent, by removal Irom
the State, resignation, conviction of a
felony, impeachment, or becoming of un
sound mind. And the Legislature shall
provide by general law for the tilling of
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 purpose whatever
Sec 22. No allowance shall be made
for the incidental expenses of any State
officer except the same be made by gen
eral appropriation ami 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 be
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 lull statement ot alt 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 ot emergency, to be expressed
in the preamble or body of the act, the
Dist. No. 3 shall consist of the county
of Gage, aud be entitled to two Represen
tatives. Dist. No. 4 shall consist of the county
of Johnson, and be entitled to two Repre
sentatives.
Dist. No. 5 shall consist of thejeountv
of Nemaha, and be entitled to three Rei-
resentatives.
Dist. No. G shall consist of the county
of Otoe, and be entitled to four 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, and 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 consist of the county
of Sarpy, and be entitled to one Representative.
Dist. No. 11 shall consist of thejeounty
of Douglas, aud be entitled toeight Rep
resentatives. Dist No. 12 shall consist of the county
of Dodge, and lie entitled to two Represen
tatives. Dist. No. 13 shall consist of the county
of Washington, and be entitled to two
Representatives.
Dist No. 14 shall consist of the county
of Burt, and be entitled to one Represen
tative
Section 1. The executive department
shall consist of a governor, Lieutenant-
iniirnrnnr t'liTnt . , n. . . f ' .-t.it,. . .... 1 .... , . t"
public accounts, treasurer, superintendent
ol public instruction, attorney general, ami
commissioner oi public lands ami build
ings, who shall each hold his office for the
term of two years, from the first Thursday
after tue first Tuesday in January next af
ter his election, and until his successor is
elected and.qualified. Provided, however,
that the nrst election oi said officers shall
beheld on the luesday succeeding the
first Monday in November, 1876, and each
succeding election shall be held at the
same relative time, iu each even year
thereafter, ine governor, secretary ot
state, auditor of public accounts and treas
urer, shall reside at the seat of government
during their terms of office, and keep the
puouc records, books, and papers there,
and shall perforin such duties as may be
i required iy 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 the executive department shall
be eligible to any other state office during
the period for which they shall have been
elected.
Sec. 3. The treasurer shall be ineligi
ble to tiie 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 speaker 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 ot each House ot tin:
laturc, wno snail lor that purpose assem
ble in the hall of the House of Represen
tatives. The 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 ami the highest
number of votes, the legislature shall, by
Dist. No. 15 shall consist of the county joint vote, choose one of such persons for
Cuming, and be entitled to two Repre- Silil1 office. Contested elections for all of
saiu omces suau oe determined oy ooui
of
sen tatives.
Dist. No. 16 shall consist of the county
of Dakota, and be entitled to one Repre
sentative.
Dist. No. 17 shall consist of the eounty
of Dixon, and be entitled to one Representative.
Dist. No. 18 shall consist of the county
of Jefferson, and be entitled to one Repre
sentative.
Dist. No. 19 shall consist of the county
of Thayer, and be entitled to one Repre
sentative.
Dist, No. 20 shall consist of the county
of Nuckolls, ami tie entitled to one Representative.
jDist.No. 21 shall consist of the county
ot Webster, and be entitled to one Kepre-i
sentative.
Dist. No. 22 shall consist of the county
of Adams, and be entitled to one Repre-;
sentative
Dist. No. 23 shall consist of the county
of Clay, and be entitled to one Represen
tative.
Dist. No. 24 shall consist of the county
of Fillmore, and be entitled to one Repre-i
sentative
Dist. No. 25 shall consist of the county
of Saline, and be entitled to three Repre
sentatives.
Dist. No. 26 shall consist of the count
Legislature shall, by a vote of two-thirds of Seward, and be entitled to two Repre-
of all the members elected to each House, sentative
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-J
ide.
Dist. No. 27 shall consist of the county
of York, and be entitled to two Represen
tatives.
Dist. No. 28 shall consist of.the county
of Hamilton, and be entitled to one Repi
resentatlv.
houses ot 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 6. The supreme executive "power
shall lie vested in the governor, who shall
take care that the laws lie faithfully exe
cuted. Sec 7. The governor shall, at the com
mencement of each session, and at the close
of his term of office, and whenever the leg
islature iflay require, give to the legisla
ture information by niesssage 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 required 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 tile 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 aud with the advice and consent of
the senate (expressed by a majority of all
the senators elected, voting by yeas aud
nays), appoint all officers vThose offices are
established by this constitution, or which
may be created by law, and whose appoint
ment or election is not otherwise bylaw
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 till such office; and any
person so nominated, who is confirmed by
the Senate, (a majority of all the senators
elected concurring by voting yeas and
nays), shall hold his office during the re
mainder of the term, and until his succes
sor shall be appointed aud qualified. No
person alter being rejected by the senate,
shall be again nominated for the same
office at the same session, unless at request
ot jhe senate, or be appointed to the same
office during the recess of the legislature.
Sec. 12. The governor shall have pow
er to remove any officer, whom he may
appoint, in case of incompetency, neglect
ol duty, or malfeasance in office; and he
may declare his office vacant, and fill the
same as herein provided in other cases of
vacancy.
Sec. 13. The governor shall have the
power to grant reprieves, commutations
and pardons, after conviction, lor all of
fenses except treason and cases of im
peachment, upon such conditions mid 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 of applying for pardons.
Upon conviction tor treason, he shall have
power to suspend the execution of the seu
lence until the ease shall be reported fo 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, lie
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 dale, 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, ami
repel invasion.
SfcC. 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 oi adjournment)
shall be presented to the governor. If he
approve tie shall sign it, and 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, and
proceed to reconsider 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 yeas
and nays, to be entered upon the journal.
Any bill vv Inch shall not be returned by
the governor within five da s (Sunday ex-'
cepted; after it shall hae been presented to
him, shall become a law in like manner as
if he had 'signed it; unless tire legislature
by their adjournment prevent its return;
iu which case it shall be filed, with his ob
jections, in : he office of secretary of stale
within five days utter such adjourn ment, or
become a law. The governor may disap
prove any item or items ol appropriation
contained in bills passed by tin; 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.
Skc 16. In case of the death, impeach-'
ment and notice thereof to the accused,
failure toj qualify, resignation, absence
from the Stale, or other disability of the
governor, the powers, duties, aud emolu
ments of the office for the residue of the
term, or until the disability shall be re
moved, shall devolve upon the lieutenant
governor.
Sec. 17. 1 he lieutenant governor shall
be president of the senate, and shall vote
only w hen the senate is equally divided.
Sec. 18. It there be no lieuU nant gov
ernor, or it the lieutenant governor nr
any of the cause's specified in section six
teen of this article, becomes incapable of
perlormiug the duties ol the office the
president of the senate .shall act as
governor until the vacancy is filled,
or the disability removed; ami
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
legis-' 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 ollice of Auditor of
Public Accounts, Treasurer, Secretary of
State, Attorney-General, Commissioner
of Public Lands and liuildings,
or SuperintenJeiH of Public in
struction, shall be vacated by death,
. . i ill .1.-
resignation, or otherwise, it snail oe urn
duty 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 snail be Kepi uy
the officers of the executive department
and of all the public institutions ol the.
State, of all monies received or disbursed
by them severally from all sources, and for
every service performed, and a seini anuu
al report thereof be made to the Governor
under oath; and ar.y officer w ho makes a
false report, shall be guilty of perjury, and
punished accordingly.
Skc. 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 reiort to the Governor,
who shall transm-t such reports to the Leg
islature, together with the reports of tin
judges of the supreme court of defects in
the constitution and laws, and the Govern
or oreitherlIou.se of the Legislature may
at any time require information in writing,
under oath, from the officers of the execu
tive department, and all officers and man
arersof State institutions, upon any sub
,i t relating to the i-ondilion, management
and expenses of their reieetive omces.
Sec. 2-3- There shall be a seal of the
State, which shall be called the ' Great
Seal of the State of Nebraska," whlcii
