shall le kept by the Secretary of State,
and used by him officially as directed by
Sec. 24. The salaries of the Governor,
Auditor of Public Accounts, and Treas
urer, shall be two thousand live hundred
2.500i dollars each ier annum, and of the
Secretary of State, Attorney-General, Su
perintendent of Public Instruction, and
Commissioner of Public Lands and Build
ings, shall be two thousand dollars ($2,000)
each per annum. The Lieutenant-Governor
hhall 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 iu their bauds, or under
their control, perquisites of ollicc or other
compensation, and all lees that may here
itlter be payable by law lor services per
lormed by any officer provided for in this
article of the Constitution, shall be paid
iu advance into the State treasury'. Tnere
shall Ik,' no allowance for clerk Jure in the
offices of Superintendent of Public In
struction and Attorney -General.
Skc. 25. The officers mentioned in this
article shall give bonds in not less tliau
double the amount of money that may
come into their hands, and in no case in
less than the sum of fitly thousand dollars,
with xucli provisions as to sureties and the
approval tnereof, and for the increase of
th penalty ot uch ImmhIs, as may be pre-
it
sci i..ii ity iaw.
.!-.. 20. JNo other executive State ot
liee shall be continued or created, and the
duties now devolving upon officers not pro
vided tor by this constitution shall be per
lorim-d by the officers herein created.
w. til Kciuiii ii uno-Tit fr Ytfr rf.rrvfrd or
may be drawn in question ; nor in action
ARTICLE VI.
TIIK JUDICIAL DKPAKT.M EXT.
Section 1. The judicial power of this
Stale shrill be vested in a supreme court,
district courts, county courts, justices of
the jieace, police magistrates, and iu such
other courts, inferior to the ilisict courts,
as may lie created by law for cities and
mcoriM irated towns.
ec. 2. The supreme court shall con
sist of three judge., a majority of whom
shall Ix; necessary to form a quorum or to
pronounce a decision.' It shall have
original jurisdiction in cases relating t
the revenue, civil cases in which the Slate
shall be a party, mandamus, quo warrauto,
habeas corpus, and such appellate juris
uictiou as may be provided by law.
Skc. u. At least two terms of the su
preme court shall be held each. year, at
the seat ot government.
."5 EC. 4. the judges ol the supreme
court shall 1x3 elected by the eleciors of
the Mate at large ; and their terms of office.
except of those chosen at the first elec
tion, as hereinafter provided, shall be six
years.
oec. o. the judges ct the supreme
court shall, immediately after the first
eleeJlou under this constitution, be classi
tied by lot so that one shall hold his office
lor the term of two years, one for the
term of four years, and one lor the term
of six years.
Sec. o. lhe judge ot the supreme
court having the shortest term to serve,
not holding his office by appointment or
election to fill a vacancy , shall be the chiet
justice, and as such shall preside at all
terms of the supreme court; and in case
of his absence, the judge naving in like
manner the next shortest term to serve
shail preside in his stead.
Sec 7. No person nall be eligible to
the office ot judge ot the supreme court
unless lie shall be at IeaBt thirty years ot
age, and a citizen of the United States;
nor umess he shall have resided iu this
State at least three years next preceding
tils election :
Sec. 8. There shall be appointed ba
ttle supreme court a reporter, who shail
also act its clerk af the supreme court and
librarian of the law and miscellaneous li
brary of the State, w hose term of office
shall In- four years, unless sooner removed
by the court, who.-e salary shall be fixed
by law, not to exceed fiiieeii hundred dol
lars pci annum. The copyright of the
State reports 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
felony lo a plea of guilty, and pass such
sentence as may be prescribed by law.
Sec 10. The State shall be divided
into six judicial districts, in each of
which shall Im; elected, by the electors
thereof, one judge, who snail be judge of
the district court therein, and whose term
ol office shall be four years. Until other
wise provided by law, said districts shall
be as follow :
First district The counties of Kichaid
sou, Johnson, Pawnee, Gage, Jeflersoii,
Saline, Thaler, Clay, Is'uckojls, and Fill
more. Second district The counties of Nem
aha, Oie, Cass, and Lancaster.
Third district The counties of Doug
las, Sarpy, W nshingtoii, and LWirt.
Found district ihe counties of Saun
ders, Dodge, liutler, Colfax, Platte, Polk,
.Merrick, Hamilton, York, Seward, Hall,
and Howard.
Fifth -strict The counties of Buffalo,
Adams, Uebster, Franklin, Harlan, Kear
ney, I'he.ps, Gosper, Furnas, Hitchcock,
Dundy, Ci..ise' ,C'heyerinc, Keith, Lincoln,
Dawson, Sin rman, lied Willow, Frontier,
and the unorganized territory west of said
district.
Sixth district The counties of Cum
ing, Dakota, Dixon, Cedar, Wayne, StaH
ton, Madison, Boone, Pierce, Knox, Ante
lope, Holt, Greeley, Valley, and the unor
ganized territory west of said district.
Sec 11. l he legislature, whenever two
thirds of the members elected to each
house shall concur therein, may, in or
af ter the year one thousand eight hundred
and eighty, and not ofieuer than once in
every lour years, increase the number of
judges of the district courts., and the ju
dicial districts of the .Stale. Such uis
tricts 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 ot any judge-
Sec. 12 The judges of the district
courts may hold courts for each other, and
shall do so when required by lav.
Sec. 13. The judges of the su
preme ana district courts snail eacu
receive a salary of twentj
live hundred dollars per annum, payabl
quarterly.
Sec. 14. No judge of the supreme or
district courts shall receive anv other
compensation, perquisite, or ben. fit, for
or on account of his office, in any form
whatever, nor act as attorney or 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 lie judge of the county court
of such county, and whose term of office
shall be two jears.
Sec lt. County courts shall be courts
of record, and shall have original juris
diction iu all matters of probate, settle
ments of estates of decaseU 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 may exceed six mouths im
prisonment, or a fine of over five hun
dred dollars ; nor in actions in which title
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
Provided, that no justice of the peace shall
have jurisdiction of any civil case where
the amount in controversy snati 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 and eflect of the proceedings,
judgments, and decrees ot such courts,
severally, shall be uniform.
Sec. 20- All officers, provided ior in
this article shall hold their offices until
their successors shall be qualified, and
they shall respectively reside in the dis
trict, comity, or precinct for which they
shall be elected or appointed. The
terms of office bf all such officers, when
not otherwise prescribed in this article,
shall lie 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 betore
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 may 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."
sively to the nse and support of common
schools in the respective sub-divisions
where the same mav accrue.
Sec. 6. The legislature shall provide for
the free 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 of the fund set apart lor 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 tor the year in wnicn scnooi
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 lor 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 whereoi 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
. i - i .
tne same snail remain lorever mvioiaw:
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 ol Nebraska shall, under
direction of the legislature, be vested in a
board ol six regents to be stweu the Board
of Regents of the University of Nebraska,
who shall be elected by the electors of the
State at large, and their term of office, ex
cept those chosen at the first election as
hereinafter provided, shall be six years.
Their.duties and powers shall be prescribed
bv 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. lhe legislature may provide
by law for the establishment of a school or
schools for the safe.keeping, education, em
ployment, and reformation of all children
under the age of eighteen years, who for
ant of proper parental care, or other cause
are growing up in medicancy or crime.
ARTICLE IX.
REVENUE AND FINANCE.
ARTICLE VII.
RIGHTS OF 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
months 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 U nited States, on the subject ot natu
ralization, at least thirty days prior to an
election.
Sec. 2. No person shall be qualified to
vole w ho is non compos mentis, or who
has lieen 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
his State, and not in the regular arniy.
nay exercise the right of sutlrage at such
lace and under such regulations as may
Ix provided bylaw.
Sec 4. No soldier, seaman, or marine
u the army and navy of the United States
shall be dctmed a resident of the State in
onscqiicnee of Ix-iug stationed therein.
Sec 3. Electors shall in all cases, ex-
ept treason, felony, or breach of the peace,
e privileged from arrest during their at-
endauce at elections, and going to and re
turning from the same, and no elector shall
be obliged to do military duty on the days
of elec t ion, except in time of war and pul
lic, danger.
Sec . All votes shall by ballot.
ARTICLE VIII.
EDUCATION.
Sec. 1. The governor, secretary of state,
treasurer, attorney general, and commis
sioner ot public lands and buildings shall
under the direction of the legislature, con
stitute a board of commissioners, for the
sale, leasing and general management o
all lands ami funds set apart lor education
al purposes, and for the investment of
school funds, in such manner as may be
prcscntied by law.
Sec. 2. All lands, money or other prop
erty granted, or bequeathed, or in any man
uer conveyed to this State, for educational
purposes, shall be used and expended in
accordance with the terms ot such grant,
bequest, or conveyance.
Sec. 3. The following are hereby de
dared to be perpetual funds for common
school purposes, ot 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 ol sections number sixteen
and thirty-six in each township in this state,
and the lands selected or that may be se
lected, 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 State, by escheat or forfeiture, or
tioin unclaimed dividends, or distributive
shares ot the estates of deceased persons.
Fifth All moneys, stocks, bonds, lands,
anil other property, now belonging to the
common school iund.
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 ail the rents of the unsold
school lands, and such other means as the
legislature may provide, shall be exclu
sively applied to the support and mainten
ance of common schools in each school
district iu the State.
Sec. 5. All fines, penalties, and license
moneys arising under the general laws of
the Stare, shall belong and be paid over to
the counties respectively, where the same
may be levied or imposed, and all fines,
penanies, and license moneys arising under
the rules, by-laws, or ordinances ol citiest
villages, towns, precincts or other muni
cipal sub divisions less than acounty shall
ueioug auu ue paiu over to the same re
spectively. All such fines, penalties,' and
license moneys shall be appropriated exclu-
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 and 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, backers, 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 shall direct by
general law, uniform as to the xlass 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 lor agricultural ana Horticultural so.
cieties, for school, religious, cemetery, and
cnaritaoie purposes, may be exempted irom
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 forest 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 in favor of owners and
persons interested in such real estate for a
period of not less than two years from such
sales thereof, v Providnf, that occupants shall
in all cases be served with personal notice be
fore the time of redemption expires.
Sec. 4. The legislature shall have uo 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 state
purposes, or due any municipal corporation,
nor shall commutation for such taxes be au
thorized in any form whatever.
Sec. 5. County authorit ies shall never as
sess taxes the aggregate of which shall ex
ceed one ond a half dollars per one hundred
dollars valuation, except for the payment of
indebtedness existing at the adoption of this
constitution, unless authorized by a vjpte of
the people of the county.
Sec. 0. The legislature may vest the cor
porate authorities of cities, towns, and villa
ges with power to make local improvements
by special assessment or by special taxation
of property benefitted. Forall other corpo
rate purposes, all municipal corporations
may be vested with authority to assess and
collect taxes, but such taxes shail lie uniform
in respect to persons and property within the
jurisdiction of the body imposing the same.
Sec. 7. Private property snail not be liable
to be taken or sold for the payment of the
corporate debts of municipal corporations
The legislature shall not impose taxes upon
municipal corporations, or the inhabitants or
property tnereol, lor corporate purposes.
Sec. S. The legislature at its first session
shall provide by law for the funding of all
outstanding warrants and other indebtedness
of the state, at a rate ot interest not exceed
ing eight per cent, per annum.
Sec. y. The legislature shall provide by
law, that all claims upon the treasury shall
be examined and adjusted by the auditor and
approved by the secretary of state, before
any warrant for the amount allowed shall be
drawn. J'rvwded, that a party aggrieved by
the decision of the auditor and secretary of
state may appeal to tne district court-
electors of suclf 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,
shall 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 whicli shall be Lept, for
public inspection, books in which shall
be recorded the amount of capital stock
subscribed, and by whom, the names of
the owners of its stock, and the amounts
owned by them respective!-, the amount
of slpck paid in and by whom, the trans
fers ot 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 anil 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 anv 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 anv such
property from execution and sale.
Sec. 3. No railroad corporation, nr
telegraph company, shall consolidate its
stocks, property, franchises, or earnings
in wnoie or in part, with anv other rail
road corporation or telegraph comnanv
owning a parallel or competing line; and
in no case snail 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 mav hereafter h.
in this state are hereby declared nuhlio.
highways, and shall be free to all persons
ioi ua; u asportation oi tneir persons and
property thereon, under such regulations
as may be prescribed by law. And the
legislature may from time to tim nas,
laws establishing reasonable maximum
rates of charges for the transportation of
passengers and freight on th riitTprent
railroads in this state. The liability of
lauiuau corporations as common carriers
snail never be limited.
Sec. 5. No railroad corporation shall issue
any stock or bonds, except for money, labor,
yoperiy aeiuauy received and applied to
the purposes for which such corporation was
created; and all stock, dividends, and other
ucuuous increase oi tne capital stock or in
debtedness of any such corporation shall be
void. The capital stock of railroad corpora
tions shall not be increased for any purpose,
except after public notice for sixty days, in
wuw.. uiuuut i u utajr ue proviueu t) y law.
Sec 6. The exercise of the power and the
right of eminent domain shall never be so
construed or abridged as to nrevp.nt the tak
ing, by the legislature, of th
franchises of incorporated companies already
organized, or hereafter to be organized, mill
ouujci uus luem u me public necessity the
same as of individuals.
Sec. 7. The legislature shall nass law in
v.uiic-b auuses 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
purpose, of forfeiture of their property and
franchises.
Sec. 8. No railroad corporation organized
uuuci wc laws oi anv omer slate, or oi the
United States, and doing business in this
State, shall be entitled to exercise the right
oi eminent domain, or have power to acquire
the right of way, or real estate for depot or
umv-i uses, uiuii ii suan nave become a body
corporate pursuant to and in accordance with
the laws of this State.
or evidences of indebtedness so issued shall be
valid unless the same shall have endorsed
thereon a certificate signed by the secretary
and auditor of State, 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.
AKT1CLK XIII.
MILITIA.
Section 1. The legislature shall deter
mine what persons shall constitute the militia
of the State, and may provide for organizing
and disciplining the same.
tiou," then so much of this uew couljtutiou
as was not separately submitted to be on
by articles snail be the supreme laVif the
Mate of Nebraska, on and alter the lit day
of November, A.L. lt5. But U' it shid aj,
pear that a majority of the votes poilct were
against the new constitution," the Whole
thereof, including the articles scparaU-v oub
milted s If all be null and Void, if thk'ules
for the " new coustiluliou," oaall adoj. llie
same, and it shall appear that a uiujo,f.y oi
the votes polled are for the article " tuj seat
of government," said article siiuli lie ijparl
of the constitution of this state, if tie v iles
for the "new constitution" shall adopt the
same, and it shall appear that lUe major
ity ol the voles polled are. " for tne nrtcle al
lowing electors to express their pneltrcuco
for United Slates Sen a Lor," said ailuV shall
be a part of the constitution of this sUu-.
Sec. hi. The general election ol tUU. -state
shall ie held on the Tuesday succeeding inc.
tirst Monday in November of cacli yc.tiex
cept the lirst general election, wlncli siiaU be
ou the second Tuesday in October, ISi'.j. All
st. ite, district, county, precinct, and lownMnp
oiflcers, by the constitution or laws made,
elective by the people, except school dUli u t
oilieers, and municipal oilicers in cities, vil
lages, and towns, shun be t lected at a general
election lo be held aforesaid. Judgcsul
the supreme, district, and county courts, all
elective comity and precinct oilieers, and all
oilier elective oilicers, the lime for lhe dee.
tiou of whom is not herein otherwise provided
lor, and which are uol included in lhe above
exception, shall be elected at the lirst general
election, und thereafter al lhe general election
next preceding the time of lhe termination
of their respective terms of otliee. 1 V'i..,
That the olliee of no county commissioner
sliall be vacated thereby.
Sec. 14. The terms of olliee of all state
and county oilicers, or judges of the supreme,
district, and county courts, and regents ol
the University, shall begin on the first Thurs
day after the lirst Tuesday iu January next
succeeding their election. The present state
and county oilicers, members of the legisla
ture, and regents of the University, shall con
tinue iu ollicc until t heir successors shall be
elected and iil:ililied.
Sec. 15. The supreme, district, and county
courts established bvthis constitution shail
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 iormea 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 a
majority of all the legal voters of the
county voting on the question shall vote
for the same.
Sec. 8. There shall be no territory
stricken from any organized county, un-
ess a majority ot 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 proposea to be added ; but the
portion so stricken oft and added to an
other county, or formed in whole or in
part into a new county, shall be holden
for and obliged to pay its proportion of
the indebtedness ot tbe 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-
sa,7- ....
&ec. o. lhe legislature shall provide
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 s 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 tbe
MUNICIPAL CORPORATIONS.
Sec. 1. No city, county, town, precinct
uiuiiicipaiiiy, or oilier UO-division ol the
State, shall ever become' a subscriber to the
capital stock, or owner of such stock, or any
portion or interest therein, of uny railroad,
or private corporation, or association.
MISCELLANEOUS CORPORATIONS.
Sec. 1. No corporation shall be created by
special law, nor its charter extended. chauireJ.
or amended, except those for charitable, edu
cational, penal, or reformatory purposes,
w hich are to be and remain under the patron
age and control or the State, but the legisla
ture shall provide by general laws for the
organization of all corporations hereafter to
lie created. All general laws passed pursuant
to this section maybe altered from time to
time, or repealed.
Seo. "J. No 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, with
out flrst requiring the consent of a majority
of the electors thereof.
Sec. :i. All corporations may sue and be
sued in like cases as natural persons.
Sec. 4. Iu all vases 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 t he
extent of their unpaid subscription, and the
liability for the unpaid subscription shall fol
low me 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.iultiplied
by the number of his shares of st 'i-k, 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. 6. All existing charters or grants of
special or exclusive privileges, under which
organization, shall not have taken place, or
which 6hall be in operation within sixtv davs
from the time this constitution takes efl'eeL.
shall thereafter have no validity or elfect
wnatever.
peachnient and removal from olliee.
ARTICLE XV.
ARTICLE XIV.
MISCELLANEOUS PROVISIONS. ,
Section 1. Executive and judicial officers
and members of the legislature, before they
enter their ollicial duties shall take and
subscribe the following oath or alliriua
tiou, "I do solemnly swear (or all'mn) that
I will support the constitution of
the United States, and the constitu
tion of the State of Nebraska, and will faith
fully discharge the duties of accord
ing to the best of my ability, and al the elec
tion at which I was chosen to till said olliee 1
have not improperly influenced iu any way
the vote of any ejector, and have not accepted
nor will I acceptor receive directly or indi
rectly, any money or other valuable thing
from any corporation, coiupary, oi r.-on, or
any pfoiniseof office, for any o!hVia actor in
fluence (for any vote I may give oi withhold
on any bill, resolution, or appropriat: ,-ii."
Any such oltieer or member of the. legisla
ture who shall refuse to take oath herein pre
scribed, shall forfeit his otliee, and any person
who shall be convicted of havingsworu false
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 iu
this State, unless lie shall have been restored
to civil rights.
Sec. 2. Any person who is in default as
collector and custodian of public, money or
property shall not be eligible to any olliee of
trust or profit under the constitution or laws
of this State; nor shall anv person convicted ! be the successors respectively of the supreme
of felony be eligible to office unless lie shall court, the district courts, and the probate
have been restored to civil rigir-. i courts, having jurisdiction under the existing
sec. :. Uruukenness shall cause of nn- I constitution.
Sec. Pi. The supremo, district, and probate
courts now in existence shall continue, ami
the judges thereof shall exercise the power
and retain their present jurisdiction until (he
courts provided for by this constitution shall
be organized.
Sec. 17. All cases, matters, and proceed
ings, pending undetermined in the several
courts, and all records, judgments, orders,
and decrees remaining therein, are hereby
transferred to and shall be proceeded In anil
enforced in and by the successors thereof
respectively.
Sec. 1H. If this constitution be adopted,
the existing constitution shall cease in all its
provisions on the first day of November, A.I.
1875.
Sec. 1!. 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
necessary to carry into elfect the provisions
of this constitution.
Sec. 21. On the taking effect of this con
stitution all state oilicers hereby continued
in office shall, before proceeding in the further
discharge of their duties, take an oath or
affirmation to support this constitution.
Sec. 22. The regents or the University
shall be elected at the) 4irst general election
under this coiistituf.it m', and be;, classified by
lot so that two shall hold their offices for the
term of two years, two for the term of four
years, and two for the term of six years.
Sec. 23. The present executive state offi
cers th all continue in office un'.il the execu
tive state oilicers provided for in 'his consti
tution shall he elected and ijualilied.
Sec. 2f The returns of ue whole vote
cast for the judges oi the supreme 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 Ity the governor,
secretary of state, and the president of this
AMENDMENTS.
Sec. 1. Either branch of the legislature
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 be 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. Tien more than one amend
ment is submitted at the same election they
shall' be so submitted as to enable th-.- electors
to vote on each amendment separately.
Sec. 2. When three-fifths of the members
elected to each branch of the legislature d'.'i m
it necessary to call a convention to revise,
amend, or change this constitution, they shall
recommend to the electors to vore ot t he next
election of members of the legislature, for or
against a convention, and if a majority voting
at said election vote for a convention the leg
islature shall, at its next session provide by
law for calling the same. The convention
shall " consist of as many members as
the house of representatives, who shall be
chosen in the same manner, and shall meet
within three months after their election, for
the purpose aforesaid. No amendment or
change of this constitution, agreed upon by
such convention, shall take effect until the
same 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
tl.o earn, intn offoot i l,url,- ,,lom,l o,..l H "II inilltlll, lir UMV IWO OI Ult'Ill, HIIU OTUU
declared that all laws in force at the time of! !'."t,s ,,f election shall forthwith be issued by
the adoption of this constitution, not incon
sistent therewith, and all rights, actions, pro
secutions, claims and contracts of the Slate,
the secretary of Slate to the persons found to
lie ciecleu.
Sec. 25. The auditor shall draw the wai-
individuals or bodies corporate, shall continue ul ."" sul" uuuricny ior ine paymeni
constitution had not
('i iiii' salaries or all oilicers under this con
stitution, whose compensation is not other
wise provided Tor, which shall be paid out of
any funds not. otherwise appropriated.
Sec. 2. Until otherwise provided by law,
the judges of the district courts shall iix the
Time ol holding courts in their respective dis
tricts. Skc. 27. The members of the first legisla
ture under this constitution shall be elected
I in t lie vear l s.
Skc. 2s. This constitution shall be enrolled
and deposited in the otliee of the secretary of
state, anil printed copies) hereof shall be pre
fixed to the books containing tin; laws of
this state, ami all future editions thereof.
PROPOSITIONS SKPARATKLY SUB
MITTER .
ALLOWING ELECTORS to express their pref
erence El Hi UNITED STATES SENATOR.
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 jespective
stock or shares so held, for all itsliabilities
accruing while he remains such stockholder.
and all banking corporations shall publish
quarterly statements, under oath, of their
assets and liabilities.
ARTICLE XII.
STATE, COUNTY AND MUNICIPAL INDEBTED
NESS.
Section 1. The state may, to meet casual
deficits or failure in the revenues, contract
debts never to exceed in the aggregate one
hundred thousand dollars; and no greater in
debtedness shall be incurred except for the
purpose of repelling invasion, suppressing in
to be as valid as if this
been adopted.
Sec. ii. All lines, taxes, penalties and for
feitures owing to the State of Nebraska, or to
the people thereof, under the present const i
tution and laws shall inure to the use of Un
people of the State of Nebraska, under this
onstitution.
Sec. :. Recognizances, bonds, obligat ions.
and all other instruments entered into or ex-
euted before the adoption of this coiistitu- i
ion, to the people of the State of Nebraska,!
to the State of Nebraska, to any Stnte orcoun- '
ty officer, or public body, shall remain bind- i
ig and valid, ami riifhts ami liabilities upon ,
the same shall continue; ami all crimes ami
misdemeanors shall be tried and punished as
though no change had been matte in the con
stitution of this State.
Sec. 4. All existing courts which are not
in this constitution specifically enumerated,
and concerning which no other provision is
herein made, shall continue in existence and
exercise I heir lire si-nt tiirisiliel ion mi til nt her. -
wise provided bv law. I Th" legislature may provide that at the
Sec. 5. All p'ersons now tilling an y olliee ' general election immediately preceding the
or appointment shall continue in the exercise ; expiration ol the term of a I in ted States sei
of the duties thereof, according to their re- ilU"' fl'"lu U,H sl:lt," tll,! electors may by bal
spective commissions, elections or appoint- ! '"l express their preference for some pers, i
meiits iinli livtliNr.niKtlintum it it ,.ti,..r ! for the olliee of United States senator. Iae
wise directed. votes cast for such candidates shall be i-c.i-
Sec. 0. The district attorneys now in office vassed and returned in the same manner : .
shall continue during their unexpired term to j or state oilicers.
hold and exercise the duties of their respee-J seat op governm est
tive offices in the judicial districts herein ere.- j
atcd, in which they severally reside. In each The seat of government of the state shail
of the remaining districts one such officer j not be removed or re-located without the as
shall be elected at the firjt general election, j sent of a majority of the electors of the state,
and hold his olfice until the expiration of the ! voting thereupon 'at a general election or
term of those now in office. j elections, under such rules and regulations as
Sec. 7. This constitution shall be submit- j to the number of elections and manner of
ted to the people of the State of Nebraska, j voting, and places to be voted tor, as may be
for adoption or rejection, at an election to be ! prescribed by law. Prwiilal, The question ol
held on the second Tuesday, in October, A.l). ' removal may b; submitted at such other gen
1875, and there shall be separately submitted i eral elections as may be provided by law.
at the same time for adoption or rejection the I Done iu convention at the Capitol in the
independent article relating to "Seat of Gov- j city of Lincoln, on the twelfth day of June, iu
me 3'caroi our iord one thousand eight hun
dred and seventy-live, and of the Independence
of the United States the ninety-ninth.
In witness whereof we have hereunto sub
scribed our names.
eminent, and the independent article "Al
lowing electors to express their preference
for United States Senator."
Sec. 8. At said election the qualified voters
shall vote at the usual place frtf voting, and
the said election shall be conducted and the
return tlierif msttle HpnnrHiiKr it tli liu-a
now in force, regulating general elections, i P A Abbott,
except as herein otherwise provided. ! t-uke Agur,
Sec. 9. The secretary of state shall, at ; . Becker,
least twenty days before said election, cause ! E. Boyd,
to be delivered to the county clerk of each i Clinton rsnggs,
county, blaid poll books, tally lists, and
form3 of return, and twice as many of prop-
v 1 - nri.n r.(l Twititi.r! rtullnta f i r tl.i. c-iiil 1 . .
tion as there are voters in such county, the j p- IL Calhoun,
as other public printing ordered by the secre-1 L. Clark,
tary is by law required to be audited and paid ; J - y - Coates,
and the several county clerks shall, at least j A; Connor,
five days before said election, cause to be dis- j ' Cummins,
tributed to the judges of election in each elec- , 'iamef. Dawes,
tion precinct in their respective counties, said j , D'oln
blank poll books, tally lists, forms of return, j lv- "un. . p
and.tickets. R- C. Eklndge,
Srr 10 At. th Raid .Wt;nn the hnllrtta : ' Ewan,
Jonv Lee Webster, President.
S. Ii. Foss,
C. II. Erady,
Jefferson II. Broady,
Charles II. Brown,
L. V. Burteh.
shall tje of the fallowing form :
For the Xenjo Constitution.
AgainM. the New Constitution.
For the artiele relating to " Seat of Goiiern
ment.n Against the article relating to "Seat of Oov-ernnent."
For the article u Allowing elertor to express their
surrection, or defending the State m war and MrWwMtV for Unit,Hl stai,x Senators."
nvntr cmn uliull I v.. murln for the rtnvment. of
provision shall be made for the payment of
the interest annually, as it snail accrue, by a
tax levied for the purpose, and from other
sources of revenue which law providing for
the payment of such interest by such tax,
shall be irreparable until such debt be paid.
Sec. 2. No city, county, 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 do so shall have been first
submitted to the qualified electors thereof at
an election by authority of law. Provided,
that such donations of a county with the do
nations of such subdivisions in the aggregate
shall not exceed ten per cent, of the assessed
valuation of such county. Proiided furttter,
that anv city or county may, by a two-thirds
vote. Increase such indebtedness five percent,
in addition to such ten par cent., and -no boncLj
James Laird,' f
Chas. F. Manderson,
Frank Martin,
A. W. Mathews,
Samuel Maxwell,
M. B. Rees,
W. M. Robertson,
Josiah Rogers,
J. II. Sauls,
John MePherson,
Against the article Allowing the electors to ; W. H. M unger,
express their preference for Unitefl States Sen- J. II. Peery
ators."
Sec. 11. The returns of the whole vote cast i
and of the votes for the adoption or rejection i
of this constitution, and for or against the ar- ,
tides respectively submitted shall be made
by the several county clerks to the secretary j
of state, within fourteen days after the elec-: i
tion, and the returns of the said votes shall :
within three days thereafter, be examined '
and canvassed by the president oi mis con
vention, the secretary of state, and the gover
nor, or any two of "them, and proclamation
shail be made forthwith, by the governor or
the president of this convention, of the result
of the canvass.
Sbc. 12. If it shall appear that a majority
of the votes polled are for the new constitu-
Joseph tarber,
C. 1. liere,
Jleury Grebe,
Edwin N. Grenell,
George L. Gritting,
William A. Gwyer,
Anil re w ilallnur,
J. D. Hamilton,
James Harper;
Robert B. Harrington,
J. B. Haw lev,
M. L. Ha'-w..rd,
D. P. Ileury,
B. I. Hini.ian,
M. R. Hopewell, .
C. E. H inter,
A. (J. K ndall,
S. M Kirkjiatriek,
H. H. Shedd,
George S. Smith,
W. If Sterns,
R. K. Stevenson,
John J. Thompson,
L. B. Thonie,
Jacob Valierv, Sr.,
C. H. Van Wvck,
Charles F. Walther,
A. M. Walling,
T. L. Warrington,
A. J. Weaver,
M. W. Wilcox,
J. F. Zedikur.
C. W. Pierce,
S. B. Pound,
Isaac Powers, Jr.,
Attest:
Gt V A. Brown, Secretary.
C. L. Mather, Ass't Secretary,
