Foreign Judgments, with due process.

((Comments by Paul Hansen))

Nebraska Revised Statute                                                                  pass – ‘dueprocess’

25-1587.03. Filing and status of foreign judgments.

A copy of any foreign judgment authenticated in accordance with the act of Congress or the statutes of this state may be filed on or after January 1, 1994, in the office of the clerk of any court of this state having jurisdiction of such action. The clerk shall treat the foreign judgment in the same manner as a judgment of a court of this state. A judgment so filed has the same effect and is subject to the same procedures, defenses, and proceedings for reopening, vacating, or staying as a judgment of a court of this state and may be enforced or satisfied in like manner.

this state” defined is a possession or territory of the United States.

>>

25-1587.02.   Foreign judgment, defined. For purposes of the Nebraska Uniform Enforcement of Foreign Judgments Act, foreign judgment means any judgment, decree, or order of a court of the United States or of any other court which is entitled to full faith and credit in this state.

Source: Laws 1993, LB 458, § 2. ; 

>>

28 USC § 2467 – Enforcement of foreign judgment

(a) Definitions.— In this section—

(1) the term “foreign nation” means a country that has become a party to the United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances (referred to in this section as the “United Nations Convention”) or a foreign jurisdiction with which the United States has a treaty or other formal international agreement in effect providing for mutual forfeiture assistance; and

((One can not successfully argue that the People of America do not have standing to have their judgments accepted as a ‘foreign jurisdiction’ in good standing with the United States, provide they possess ‘due process’. One must remember that if the subject property that is sought to be taken to satisfy the judgment is without the US, the US lacks territorial jurisdiction to interfere with the judgment, thus authority remains solely with the People of Americas and not with the UNITED STATES.))

(2) the term “forfeiture or confiscation judgment” means a final order of a foreign nation compelling a person or entity—

(A) to pay a sum of money representing the proceeds of an offense described in Article 3, Paragraph 1, of the United Nations Convention, any violation of foreign law that would constitute a violation or an offense for which property could be forfeited under Federal law if the offense were committed in the United States, or any foreign offense described in section 1956 (c)(7)(B) of title 18, or property the value of which corresponds to such proceeds; or

(B) to forfeit property involved in or traceable to the commission of such offense.

(b) Review by Attorney General.—

(1) In general.— A foreign nation seeking to have a forfeiture or confiscation judgment registered and enforced by a district court of the United States under this section shall first submit a request to the Attorney General or the designee of the Attorney General, which request shall include—

(A) a summary of the facts of the case and a description of the proceedings that resulted in the forfeiture or confiscation judgment;

(B) certified [1] copy of the forfeiture or confiscation judgment;

(C) an affidavit or sworn declaration establishing that the foreign nation took steps, in accordance with the principles of due process, to give notice of the proceedings to all persons with an interest in the property in sufficient time to enable such persons to defend against the charges and that the judgment rendered is in force and is not subject to appeal; and

(D) such additional information and evidence as may be required by the Attorney General or the designee of the Attorney General.

(2) Certification of request.— The Attorney General or the designee of the Attorney General shall determine whether, in the interest of justice, to certify the request, and such decision shall be final and not subject to either judicial review or review under subchapter II of chapter 5, or chapter 7, of title 5 (commonly known as the “Administrative Procedure Act”).

(c) Jurisdiction and Venue.—

(1) In general.— If the Attorney General or the designee of the Attorney General certifies a request under subsection (b), the United States may file an application on behalf of a foreign nation in district court of the United States seeking to enforce the foreign forfeiture or confiscation judgment as if the judgment had been entered by a court in the United States.

(2) Proceedings.— In a proceeding filed under paragraph (1)—

(A) the United States shall be the applicant and the defendant or another person or entity affected by the forfeiture or confiscation judgment shall be the respondent;

(B) venue shall lie in the district court for the District of Columbia or in any other district in which the defendant or the property that may be the basis for satisfaction of a judgment under this section may be found; and

(C) the district court shall have personal jurisdiction over a defendant residing outside of the United States if the defendant is served with process in accordance with rule 4 of the Federal Rules of Civil Procedure.

(d) Entry and Enforcement of Judgment.—

(1) In general.— The district court shall enter such orders as may be necessary to enforce the judgment on behalf of the foreign nation unless the court finds that—

(A) the judgment was rendered under a system that provides tribunals or procedures incompatible with the requirements of due process of law;

(B) the foreign court lacked personal jurisdiction over the defendant;

(C) the foreign court lacked jurisdiction over the subject matter;

(D) the foreign nation did not take steps, in accordance with the principles of due process, to give notice of the proceedings to a person with an interest in the property of the proceedings [2] in sufficient time to enable him or her to defend; or

(E) the judgment was obtained by fraud.

(2) Process.— Process to enforce a judgment under this section shall be in accordance with rule 69(a) of the Federal Rules of Civil Procedure.

(3) Preservation of property.—

(A) Restraining orders.—

(i) In general.— To preserve the availability of property subject to civil or criminal forfeiture under foreign law, the Government may apply for, and the court may issue, a restraining order at any time before or after the initiation of forfeiture proceedings by a foreign nation.

(ii) Procedures.—

(I) In general.— A restraining order under this subparagraph shall be issued in a manner consistent with subparagraphs (A), (C), and (E) of paragraph (1) and the procedural due process protections for a restraining order under section 983 (j) of title 18.

(II) Application.— For purposes of applying such section 983(j)—

(aa) references in such section 983(j) to civil forfeiture or the filing of a complaint shall be deemed to refer to the applicable foreign criminal or forfeiture proceedings; and

(bb) the reference in paragraph (1)(B)(i) of such section 983(j) to the United States shall be deemed to refer to the foreign nation.

(B) Evidence.— The court, in issuing a restraining order under subparagraph (A)—

(i) may rely on information set forth in an affidavit describing the nature of the proceeding or investigation underway in the foreign country, and setting forth a reasonable basis to believe that the property to be restrained will be named in a judgment of forfeiture at the conclusion of such proceeding; or

(ii) may register and enforce a restraining order that has been issued by a court of competent jurisdiction in the foreign country and certified by the Attorney General pursuant to subsection (b)(2).

(C) Limit on grounds for objection.— No person may object to a restraining order under subparagraph (A) on any ground that is the subject of parallel litigation involving the same property that is pending in a foreign court.

(e) Finality of Foreign Findings.— In entering orders to enforce the judgment, the court shall be bound by the findings of fact to the extent that they are stated in the foreign forfeiture or confiscation judgment.

(f) Currency Conversion.— The rate of exchange in effect at the time the suit to enforce is filed by the foreign nation shall be used in calculating the amount stated in any forfeiture or confiscation judgment requiring the payment of a sum of money submitted for registration.

>>

((So one asks how/where is there evidence that the United States has a treaty with the people of this community court, consisting of free inhabitants.))

Looking at Article IV (4) of the Articles of Confederation which is un-repealed law as evidenced in the current United States Code.

ARTICLE IV, of the Articles of Confederation 1777
The better to secure and perpetuate mutual friendship and intercourse among the people of the different States in this Union, the free inhabitants of each of these States, paupers, vagabonds, and fugitives from justice excepted, shall be entitled to all privileges and immunities of free citizens in the several States; and the people of each State shall free ingress and regress to and from any other State, and shall enjoy therein all the privileges of trade and commerce, subject to the same duties, impositions, and restrictions as the inhabitants thereof respectively, provided that such restrictions shall not extend so far as to prevent the removal of property imported into any State, to any other State, of which the owner is an inhabitant; provided also that no imposition, duties or restriction shall be laid by any State, on the property of the United States, or either of them.

If any person guilty of, or charged with, treason, felony, or other high misdemeanor in any State, shall flee from justice, and be found in any of the United States, he shall, upon demand of the Governor or executive power of the State from which he fled, be delivered up and removed to the State having jurisdiction of his offense.

Full faith and credit shall be given in each of these States to the records, acts, and judicial proceedings of the courts and magistrates of every other State.

>>

I believe the underlying principal is that free inhabitants do not reside on land that is of the United States (Land owned by the styled confederacy called “The United States of America”.) yet those same free inhabitants are recognized as having agreements, relationships, mutual friendship, intercourse, privileges, and immunities (treaties) with the system that the said free citizens have opted to be subject to. This is evidence that free inhabitants are, by residency, foreign to the jurisdiction that the free citizens voluntarily submit themselves to, by residency, therefore are of a different jurisdiction and therefore ore foreign to that jurisdiction yet are allowed (treaty) to interact..

>>

Nebraska Revised Statute 25-1293

Revised Statutes » Chapter 25 » 25-1293

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25-1293. Public seal affixed to copy of written law or public writing; effect; unwritten law; how proved.

The public seal of the state or county affixed to a copy of a written law or other public writing, is also admissible as evidence of such law or writing respectively; the unwritten law of any other state or government may be proved as fact by parol evidence, and also by the books of reports of cases adjudged in their courts.

Source

R.S.1867, Code § 420, p. 463; 
R.S.1913, § 7986;
 
C.S.1922, § 8927;
 
C.S.1929, § 20-1293;
 
R.S.1943, § 25-1293.

Annotations

This section provides a method for proof of unwritten law of foreign states by parol evidence or reports of adjudicated cases. Banks v. Metropolitan Life Ins. Co., 142 Neb. 823, 8 N.W.2d 185 (1943).

Common law of sister state [[Caution, I assume sister states are US courts]] may be proved by books of reports of decisions of her courts. Steinke v. Dobson, 90 Neb. 616, 134 N.W. 169 (1912).

Except as to statute, law of another state is proper subject of expert testimony. Barber v. Hildebrand, 42 Neb. 400, 60 N.W. 594 (1894).

(unwritten law judgments recognized) 

[Note: the Bible exceeds the legal memory of man. Yes we can and must use the Bible as an/the authority. God, by His Word, is an expert witness]

>>

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For 731 Days, Federal Court Railroads Hansen, No Fair Appeal

On 3/12/2015 Federal Court found me guilty on:

  1. One ‘Contempt of Court‘ for writing a letter to an attorney expressing the ‘Creation science Evangelism’ (CSE) Church Trustees intend on seeking a day in court to force the United States to prove it had authority to take CSE TRUST one million dollars of property with out due process afforded to CSE,
  2. -and- a second ‘Contempt of Court‘ for not flying to Florida from Omaha Nebraska to give fingerprints, when in fact they already has more than five sets of fingerprints on record, and I could have walked a few blocks from my house to the Nebraska Federal Courthouse, US Marshals, to offer to give additional prints if needed.

Well it has been more than one year and they refuse to give me a full ORAL/TEXT transcript of the proceedings, and a copy of all filing pertaining to the prosecution of the case. Without this I simply can not appeal the case satisfactorily. There is even missing court proceeding language in the parts they did give me. Yes the cut out, destroyed, evidence, that would win my case.

The people that conspired to do this are criminals.  Praise God that he knows all things, and I pray that justice will come on Earth as it is in Heaven.

This same thing happened in Kent Hovind’s case. Kent was my 2014 case codefendant. In his 2006 case, with the same judge it was proven by may affidavits that the record was seriously altered, (full sentences went missing) that were crucial to Kent’s case.

Believe it or not this case is sealed from the public. What a crime, we beat the bogus charges so the judge ordered the case to be sealed. They do not want you to read about the crimes that took place in that courthouse.

They destroy your ability to have a true record, a successful appeal, they destroy your ability to get evidence before the jury, they destroy your ability to defend yourself, they destroy your reputation, your life savings, your marriage, families, and friendships, all to cover US agents crimes.

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COURT RULES, Birth Certificate, Oddity

MINNESOTA COURT RULES, Birth Certificate Oddity

GENERAL RULES OF PRACTICE

Rule 220.Birth Certificates

The Registrar of Titles is authorized to receive for registration of memorials upon any outstanding certificate of title an official birth certificate pertaining to a registered owner named in said certificate of title showing the date of birth of said registered owner, providing there is attached to said birth certificate an affidavit of an affiant who states that he/she is familiar with the facts recited, stating that the party named in said birth certificate is the same party as one of the owners named in said certificate of title; and that thereafter the Registrar of Titles shall treat said registered owner as having attained the age of the majority at a date 18 years after the date of birth shown by said certificate.

Task Force Comment – 1991 Adoption

This rule is derived from 4th Dist. R. 11.05.

((Hansen’s Comment – Apparently the birth certificate is evidence that a “person” can prove eligibility (age) to “own” a registered vehicle as evidenced by a “title” in that mans possession. In Nebraska, if one does not have a state I.D., they must provide a birth certificate to register by title, regardless of their age.))

 

 

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Automobile v. Motor Vehicle, per state written law.

2006 Nebraska Revised Statutes – § 60-3,184 — Motor vehicle tax and fee; terms, defined.

Section 60-3,184
Motor vehicle tax and fee; terms, defined.

For purposes of sections 60-3,184 to 60-3,191:

(1) Automobile means passenger cars, trucks, utility vehicles, and vans up to and including seven tons;

(2) Motor vehicle means every motor vehicle and trailer subject to the payment of registration fees or permit fees under the laws of this state and every cabin trailer registered for operation upon the highways of this state;

((Hansen comments – Note the automobile is not subject to registration, or permit fees.)))

(3) Motor vehicle fee means the fee imposed upon motor vehicles under section 60-3,190;

(4) Motor vehicle tax means the tax imposed upon motor vehicles under section 60-3,185; and

(5) Registration period means the period from the date of registration pursuant to section 60-392 to the first day of the month following one year after such date.

Source:

      Laws 2005, LB 274, § 184

~Revised Statutes Supplement, 2006

>>>

2006 Nebraska Revised Statutes – § 60-509 — Automobile liability policy; corporate surety bond;effective when; limits; notice of accident; duty of insurance company or surety company.

Section 60-509
Automobile liability policy; corporate surety bond; effective when; limits; notice of accident; duty of insurance company or surety company.

No such policy or bond shall be effective under section 60-508 unless issued by an insurance company or surety company authorized to do business in this state, except that if such motor vehicle was not registered in this state or was a motor vehicle which was registered elsewhere than in this state at the effective date of a policy or bond or the most recent renewal thereof, such policy or bond shall not be effective under section 60-508 unless the insurance company or surety company, if not authorized to do business in this state, shall execute an acknowledgment that the company shall be amenable to process issued by a court of this state in any action upon such policy or bond arising out of such accident. Every such policy or bond is subject, if the accident has resulted in bodily injury, sickness, disease, or death, to a limit, exclusive of interest and costs, of not less than twenty-five thousand dollars because of bodily injury to or death of one person in any one accident and, subject to such limit for one person, to a limit of not less than fifty thousand dollars because of bodily injury to or death of two or more persons in any one accident and, if the accident has resulted in injury to or destruction of property, to a limit of not less than twenty-five thousand dollars because of injury to or destruction of property of others in any one accident. Upon receipt of a notice of such accident, the insurance company or surety company which issued such policy or bond shall furnish, for filing with the department, a written notice that such policy or bond was in effect at the time of such accident.

((I, Paul John Hansen, provide self liability assurance, as in common law.))

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US Courts Counter to COURTS OF RECORD, proceeding under the common law.

Anti-Government Movement Guidebook (207 Pages)

This guide was developed under a grant. Award No. SJI-96-02B-B-159, “The Rise of Common Law Courts in the United States: An Examination of the Movement, The Potential Impact on the Judiciary, and How the States Could Respond,” from the State Justice Institute. The points of view expressed are those of the authors and do not necessarily represent the official position or policies of the State Justice Institute.

An immensely interesting perspective of the US courts, and US agencies, yet they never fully answer the question of the 7th Amendment.

Paul John Hansen will be adding comments throughout the article as time permits, see  PAUL SEVER – COMMENT INDEX in delivered product package.

Go to order page by CLICKING > M1S-57, (5$).

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Nebraska Constitution, TEXT

STATE OF NEBRASKA. 



PREAMBLE. 

We, the people of Nebraska, grateful to Almighty God tor our free- 
dom, in order to secure its blessings, form a more perfect government, 
insure domestic tranquility and promote the general welfare, do estab- 
lish this Constitution. 



A R TICLE I . 
DECLARATION OF RIGHTS. 

§ I. All men are born ecpially free and independent, and have cer- 
tain inherent rights ; among these are life, liberty and the pursuit of 
happiness. To secure these rights, governments are institute.; among 
men, denying their just powers from the consent of the governed. 

§ 2. There shall be neither slavery nor involuntary servitude in this 
State, otherwise than for the punishment of crime, whereof the party 
shall have been duly convicted. 

§ 3. Every person may freely speak, write and publish his senti- 
ments on all subjects, being responsible tor the abuse of that right, and 
no laws shall be passed to restrain or abridge the liberty of speech or of 
the pres$. In ah criminal prosecutions or indictments for libel the truth 
may be given in evidence; and if it shall appear to the jury that the 
matter charged as libelous be true, and was published with "good mo- 
tives and for justifiable ends, the party shall be acquitted: and the jury 
shall have the right to determine the law and the fact. 

§ 4. The right of the people peacably to assemble to consult for the 
common good, and to petition the government, or any department 
thereof, shall never be abridged. 

§ 5. The right of trial by jury shall remain inviolate, but the legis- 
lature may authorize trial by a jury of a less number than twelve men, 
in inferior courts. 

§ 6. All persons shall be bailable by sufficient sureties, except for 
capital offences, where the proof is evident, or the presumption great. 
Excessive bail shall not be required ; nor excessive fines imposed, nor 
cruel and unusual punishments* inflicted. 



4 THE CONSTITUTION 

§ 7. In all criminal prosecutions and in cases involving the life or 
liberty of an individual, the accused shall have a right to :i speedy and 
public trial by an impartial jury ; to be informed of the accusation 
against him ; to have a copy of the same when demanded; to he con- 
fronted v\-ith the witnesses agahist him; to have compulsory profess 
for hi.-> witnesses ; and to have the assistance of counsel. 

^ 8. No person shall he held to answer for a criminal offence unless 
on the presentment or indictment of a grand jury except in cases of 
impeachment, or in gaseB-eOjgnizable by justices of the peace, or arising 
in tin army or navy, or in the militia, when in actual service in time of 
war, or public danger ; and no person for the same oftense shall be put 
twice in jeopardy of punishment, nor shall be compelled in any criminal 
otisc to be a witness against himself. All persons shall before convic- 
tion be bailable by sufficient si»eties, except for capital offenses, when 
the proof is evident or the presumption great ; and the pri\ ilege of the 
writ of habeas corpus shall not lie suspended, unless when, in cases of 
rebellion or invasion the public safety may requke. 

§ '.'•. All courts shall be open, and every person, for an injury done 
him in his land, goods, person or r putation, shall have remedy by due 
course of law, and justice ad ed without denial or delay. 

§ !0. Treason against the State shall consist only, in levying war 
against the same, or in adhering to its enemies, giving them aid and 
comfort. No person shall bafl&onvieted of treason unless on the testi- 
mony of two witnesses to the sa he overt act, or on confession in open 
Court. 

g 11. The right of the people to be secure in their persons, houses, 
papers, and effects, against unreasonable searches and seizures shall not 
tie violated; and ho warrant shall issue but upon probable cause, sup- 
ported by oath or affirmation, . particularly describing the place to 
be searched, and the person or things to be seized. 

§ 12. No bill of attainder, ex-post-facto law, nor any law impairing 
the obligation of contracts shall ever be passed ; and no conviction shall 
work corruption (A' blood or forfeiture of estate. 

§ 13. The property of no person shall be taken for public use with- 
out just compensation therefor. 

§' 14. No distinction shall ever be made 'by law between resident 
aliens and citizens in reference to the possession, enjoyment, or descent 
of property. 

§ 15. No person shall be imprisoned for debt in any civil action on 
mesne or final process, unless in cases of fraud. 

§ 16. All men have a naturaj and indefeasible right to worship 
Almighty God according to the dictates of their own conscience. No 
person shall be compelled to attend, erect,' or support any place of 
worship, or maintain any form of wrship against his consent, and no 
preference sha.ll be given bylaw to any religious society, nor shall any 
interference with the rights of conscience be permitted. No religious 
tent shall be required as a qualification for office, nor shall any person 
be incompetent to be a witness on account of his religious belief; but 
nothing herein shall be construed to dispense with oaths and affirma- 
tions. Religion, morality, and knowledge, however, being essential to 



OF NEBRASKA. 5 

good government, it shall be the duty of the Legislature to pass suitable 
laws to protect every religious denomination in the peaceable enjoy-; 
ment of its own mode of public worship and to encourage schools and 
the means of instruction. 

§ 17. The military shall be in strict subordination to the civil power. 

§ 18. The writ of error shall be a writ of right in all capital cases, 
and shall operate as a supersedeas to stay the execution of the sentence 
of death until the further order of the Supreme Court in the premises. 

§ 19. The blessings of a free government can only be maintained 
by a firm adherence to justice, moderation, temperance, frugality, and 
virtue, and by frequent recurrence to fundamental principles. 

§ 20. This enumeration of rights shall not be construed to impair or 
deny others retained by the people, and all powers not herein delegated 
remain with the people. 



ARTICLE II. 

LEGISLATIVE. 

§ 1. The legislative authority of this State shall be vested in a 
General Assembly which shall consist of a Senate and 'House of 
. Representatives, and the style of every law shall be 

"Be it enacted by the Legislature of the State of Nebraska " 

§ 2. Every male person of the age Of twenty-one years, or upwards, 
belonging to either of the following classes, who shall have resided in ■ 
the state, county, precinct and ward, for the time provided by law, 
shall be an elector : j 

First — White citizens of the United States. I 

Second — White persons of foreign birth Avho shall have declared 
their intention to become citizens conformable to the laws of the United, 
States on the subject of naturalization. JJf/ 

§3. The legislature shall provide by law for an enumeration of th<?» <. C <* 
inhabitants of the state in the year one thousand eight hundred ^^ 
and seventy-five, and at the end of every ten years thereafter; and at 
their first session after such enumeration, and also after each enumera- 
tion made by the authority of the United States, the Legislature shall 
apportion and district anew the members of the Senate and House of 
Representatives, according to the number of inhabitants, excluding 
Indians not taxed, and soldiers and officers of the United States army 
and navy. 

§ 4. Senators and Representatives shall be elected bi-ennially, by 
the electors in the respective counties or districts, on the second Tues- 
day of October. Then- term of office shall commence on the first day 
of January next thereafter, and continue two years, except the Senators 
and Representatives to the first legislature* under this Constitution, 
whose election and term of office shall be as hereinafter provided. /> « 

§ 5. The Senators and Representatives shall be chosen by districts ^^tc. * 
of convenient, contiguous territory, as compact as may be, to be defined 
by law, except as to the first election which is hereinafter provided for, S^ fJCXet. Lj 



ict JeX* Xu^c. -A.^/y.-/ 



G THE CONSTITUTION 

^r § 6. Every white male citizen, who shall be a Qualified elector in 
S the district which he may be chosen to represent, shall be eligible to a 
se.it in the .Legislature. 

§ 7. Each House shall be the judge of the election and quali- 
fications of its own members, and a majority of each shall consti- 
tute a quorum to do business, hut a smaller number may adjourn from 
day to day, and may compel the attendance of absent members in such 
manner and under such penalties as each i louse may provide. 

§ s. The Senate shall consist of thirteen members, and the House 
of Representatives shall consist of thirty-nine members and shall not bo 
increase 1 for the term often years after the adoption of this Constitu- 
tion; Provided, that after the expiration of said ten years, the 
Legislature shall have the power to increase the number of senators 
and representatives, so as to correspond with the increase of the popu- 
lation of the State ; Provided, such number shall at no time be more 
than twenty-live in the Senate and seventy-five in the House of Repre- 
sentatives. 

§ 9. The mode of organizing the House of Representatives at the 
commencement of each regular session shall be prescribed by law. 

§ 10. Each House shall choose its own officers, may determine its 
own rule of proceedings, punish its members for disorderly conduct, 
and with the concurrence of two-thirds, expel a member, but not the 
second time for the same cause ; and shall have all other powers nec- 
essary to provide for its safety and the undisturbed transaction of its 
business. 

§ 11. Each house shall keep a correct journal of its proceedings, 
which shall be published. At the desire of any three members in the 
Senate, or any five members in the House, the ayes and nays shall be 
entered upon the journal, and on the passage of every bill, in either 
house, the vote shall be taken by yeas aud nays, and entered upon 
the journal, and no law shall be passed in either -house without the 
< incurrence of a majority of all the members elected thereto. 

§ 12. The first session of the Legislature under this Constitution 
Khali be held on the fourth day of July, one thousand eight hundred 
and sixty-six ; and all regular sessions thereafter shall eonfm-ence ori 
the first Thursday after the first Monday in January, bi-ennially. But 
the Legislature may on extraordinary occasions be convened by proc- 
lamation of the Governor, and when so convened shall transact no 
business, except such as relates to the objects for which they were 
so convened, to be stated in the proclamation of the [Governor. 

§ 13. No member of the Legislature shall, during the term for 
which he was elected, be appointed or elected to any civil office in the 
State which shall have been created, or the emoluments of which shall 
have been increased, during the term for which he was elected. 

§ 14. No person being a member of congress, or holding any mili- 
tary or civil office under the United States, shall be eligible to a seat in 
the Legislature; and if any person shall, after his election as a member 
of the legislature, be elected to congress, or be appointed to any office, 
civil or military, under the Government of the United States, his 
acceptance thereof shall vacate his seat. 



OF NEBRASKA. 7 

§ 15. The Governor shall issue writs of election to fill such vacan- 
cies ;is may occur in either house of the legislature. 

§ 16. Members of the Legislature shall in all cases, except treason, 
felony, or breach of the peace, be privileged from arrest, nor shall they 
be subject to any civil process, during the session of the Legislature, 
nor for fifteen days next before the commencement, and after the 
termination of each session. 

§ 17. No member of the Legislature shall be liable in any civil action 
or criminal prosecution whatever, for words spoken in debate. 

§ 18. Bills may originate in either house ; but may be altered, 
amended or rejected in the other. 

§ 19. Every bill shall be fully and distinctly read on three different 
days, unless, in case of urgency, three-fourths of the house in which it 
shall be pending, shall dispense with this rule. No bill shall contain 
more than one subject, which shall be clearly expressed in its title ; 
and no law shall be revived or amended, unless the new act contain 
the entire act revived, and the sections amended ; and the section or 
sections so amended shall be repealed. 

§ 20. The presiding officer of each House shall sign publicly, in the 
presence of the House over which he presides, while the same is in 
session and capable of transacting business, all bills and joint resolutions 
passed by the Legislature. 

§ 21. Each member of the Legislature shall receive for his services 
three dollars for each day's attendance during the session, and ten 
cents for every mile he shall travel in going to and returning from the 
place of the meeting of the Legislature, on the most usual route. 

Provided however, That they shall not receive pay for more than forty 
days at any one session. 

§ 22. The Legislature shall never authorize any lottery, or grant 
any divorce. 

§ 23. The Legislature shall provide by law that all stationery re- 
quired for the use of the State, and all printing authorized and required 
by them to be done for their use, or for the State, shall be let by con- 
tract to the lowest bidder ; but the Legislature may establish a max- 
imum price. No member of the Legislature, or other State officer, 
shall be interested, either directly or indirectly, in any such contract. 

§ 24. The Legislature shall never grant any extra compensation to 
any public officer, agent, servant, or contractor, after the services shall 
have been rendered or the contract entered into. Nor shall the com- 
pensation of any public officer be increased or diminished during his 
term of office. 

§ 25. Members of the Legislature, and all officers executive and 
judicial, except such inferior officers as may be by law exempted, shall, 
before they enter upon the duties of their respective offices, take and 
subscribe an oath or affirmation to support the Constitution of the 
United States, and the Constitution of the State of Nebraska, and 
faithfully to discharge the duties of their respective offices to the best 
of their ability. 

§ 26. The Legislature shall determine what persons shall constitute 
the Militia of the State, and may provide for organizing and disciplining 
the same, in such manner as shall be prescribed by law. 



8' TiiK CONSTITUTION 

§ 27. In all elections bv the Legislature, the numbers thereof 
shall vote viva poet, aad tb^ir votes shall be filtered on the 
Journal. 

§ 28. The House of Representatives shall h;n, v the sole power of 
impeachment, but a majority of the members, elected must concur 
therein. Impeachments shall be tried by the Senate ; ami the Senators 
when sitting for that purpose, shall be upon oath or affirmation to do 
justice according to law and evidence. No person shall be convicted 
without the concurrence of two-thirds of the Senators. 

§ 29. The Governor, Secretary of State, Auditor, Treasurer, and 
Judges of the Supreme and District Courts, shall be liable to impeach- 
ment for any misdemeanor in office ; but judgment in such cases shall 
extend only to removal from office, and disqualification to hold any 
office of honor, trust, or profit, under this State ; but the party con- 
victed or acquitted, shall nevertheless be liable to indictment, trial and 
punishment, according to law. All other civil officers shall be tried for 
misdemeanors in office in such manner as the Legislature may provide. 

§ 30. No money shall be drawn from the Treasury, except in pur- 
suance of a specific appropriation made by law ; and no appropriation 
shall be made for a longer period than two years. 

§ 31. The Legislature may declare the cases in which any office 
shall be deemed vacant, and also the manner of filling the vacancy 
where no provision is made for that purpose in this Constitution. 

§ 32. The Legislature shall not authorize the borrowing of money 
or the issuance of State bonds for any sum exceeding in the aggregate 
fifty thousand dollars, without submitting a proposition therefor to a 
vote of the people for their approval or rejection, except in case of war 
to repel invasion or suppress insurrection. 



EXECUTIVE. 

§ 1. ThcExecutive Department shall consist of a Grovernor, Secretary 
of State, Auditor and Treasurer, who shall be choseu by the electors 
of the State on the second Tuesday of October, and at the places of 
voting for members of the Legislature. 

§ 2. The' Governor, Secretary of State, and Treasurer shall hold 
their offices for two years ; and the Auditor for four years. Then- 
terms of office shall commence on the second Monday of January next 
after their election, and continue until then' successors are elected and 
qualified. 

§ 3. The returns of every election, for the officers named in the 
foregoing section, shall be sealed up and transmitted to the seat of 
government, by the returning officers, directed to the President of the 
Senate, who, during the first week of the session, shall open and pub- 
lish them, and declare the result, in the presence of a majority of the 
members of each house of the Legislature. 



OF NEBRASKA. 9 

The person having the highest number of votes shall be declared duly 
elected ; but if any two or more shall be highest and equal in votes 
for the same office, cue of them shall be chosen by the joint, vote of 
both house?. 

| 4. No person except a citizen of the United States and a qualified 
elector of the Slate. Shall be eligible to any office provided for by this 
Constitution. 

§ 5. Should there be no se'ssiori of the Legislature in January next 
after an election for any of the officers aforesaid, the returns of such 
election shall be made to the Secretary of State, and opened, arid the 
result declared by the Governor, in such manner as may be provided 
by law. 

"§ 6. The supreme executive power of this State, shall be vested in 
the Governor. 

§ 7. He may require information, in writing, from the officers in the 

executive department, upon any subject relating to the duties of their 
respective offices ; and shall see that the laws are faithfully executed. 

§ 8. He shall communicate at every session, by message to the 
Legislature, the condition of the State, and recommend such measures 
as he shall deem expedient. 

§ 9. He may, on extraordinary occasions, convene the Legislature 
by proclamation, and shall state to both houses, when assembled, the 
purpose for which they have been convened. 

§ 10. In case of disagreement between the two houses in respect to 
the time of adjournment, he shall have power to adjourn the Legisla- 
ture to such time as he may think proper, but not beyond the regular 
meetings thereof. 

§ 11. He shall be commander-in-chief of the military and naval 
forces of the State, except when they shall be called into the service of 
the United States. 

§ 12. He shall have power, after conviction, to grant reprieves, com- 
mutations and pardons, for all crimes and offences, except treason and 
cases of impeachment, upon such conditions as he may think proper ; 
subject, however, to such regulations as to the manner of applying for 
pardon as may be prescribed by law. 

Upon conviction for treason, he may suspend the execution of the 
sentence, and report the case to the Legislature, at its next meeting, 
when the Legislature shall either pardon, commute the sentence, direct 
its execution, or grant a further reprive. 

He shall communicate to the Legislature at every regular session, 
each case of reprieve, commutation, or pardon granted ; stating the 
name and crime of the convict, the sentence, its date, and the date of 
the commutation, pardon, or reprieve, with his reasons therefor. 

§ 13. There shall be a seal of the State, which shall be kept by the 
Governor, and used by him officially ; and shall be called " The Great 
Seal of the State of Nebraska." 

§ 14. All grants and commissions shall be issued in the name, and 
by the authority of the State of Nebraska, sealed with the Great Seal, 
signed by the Governor, and countersigned by the Secretary of State. 



10 THE CONST; TUTION 

§ 15. No member of Congress, or other person holding office under 
the authority of this State, or of the United States, shall execute the 
office of Governor, except as herein provided. 

§ 10. In case of the impeachment of the Governor, his removal 
from office, death, resignation, or absence from the State, the powers 
and duties of the office shall devolve upon the Secretary of State, until 
such disability shall cease, or the vacancy be tilled. 

§ 17. If, <Iuring- the vacancy of the office of Governor, the Secre- 
tary of State shall be impeached, displaced, resign, die, or be absent 
from the State, the powers and duties of the office of Governor shall 
devolve upon the President of the Senate ; and should a vacancy occur 
by impeachment, death, resignation, or absence from the State of the 
President of the Senate, the Speaker of the House of Representatives 
shall act as Governor till the vacancy be filled. 

§ 18. The Governor shall receive (lining his continuance in office 
an annual compensation of one thousand dollars; the Secretary of 
Stale, six hundred dollars ; the State Treasurer, four hundred dollars ; 
and the State Auditor, eight hundred dollars. 

§ 19. Every bill which shall have passed the Legislature, shall be- 
fore it becomes a law, be presented to the Governor. If he approve, 
he shall sign it; but if not, he shall return it, with his objections, to 
that house in which it shall have originated, who shall enter the ob- 
jections at large upon the journal, and proceed to reconsider it. If, 
after such reconsideration, two-thirds of the members present shall 
agree to pass the bill, it shall be sent, together with the objections, to 
the other house, by which it shall likewise be reconsidered, and if ap- 
proved by two-thirds of the members present, it shall become a law. 
But in all such cases, the votes of both houses, shall be determined by 
yeas and nays, and the names of the members voting for or against the 
bill shall be entered on the journal of each house respectively. If any 
bill shall not be returned by the Governor within three days (Sundays, 
excepted,) after it shall have been presented to him, the same shall be a 
law, unless the Legislature shall by their adjournment prevent its re- 
turn, in which case it shall not be a law. 

§ 20. The Secretary, Auditor, and Treasurer of State, shall severally 
perform such duties, as shall be prescribed by law. 



JUDICIARY. 

§ 1. The judicial power of the State shall be vested in a Supreme 
Court, District Courts, Probate Courts, Justices of the Peace, and such 
inferior courts as the Legislature may from time to time establish. 

The Supreme Court shall consist of a Chief Justice and two Associate 
Justices, any two of whom shall aonstttute a qu nuin, and shall hold a 
term of the Supreme Court at the seat of government of the State 
annually. Said Supreme Judges shall be elected by the qualified elec- 



OP NEBRASKA. 11 

tors of the State, at, such time, and in such manner as may be provided 
bylaw. Said Justices of the Supreme Court shall hold their office for 
the term of six years from the time of their election and until their suc- 
cessors shall have been elected and qualified. 

§ 2. The State shall be divided into three judicial districts, and the 
District Courts shall be held at such times and places as may be pro- 
vided by law, and the Legislature shall by law assign the Justices to 
hold District Courts in the several districts : Provided, that until the 
Legislature shall have provided by law, the Governor shall have author- 
ity to make such assignment. 

§ 3. The Supreme Court shall have appellate jurisdiction only 
except in cases relating to revenue, mandamus, quo warranto, habeas 
corpus, and such cases of impeachment as may be required to be tried 
before it ; aud both the Supreme and District Courts shall have both 
chancery and common law jurisdiction. 

| 4. The jurisdiction of the several courts herein provided for, botk 
appellate and original shall be as fixed by law, Provided, that Probate 
Courts, Justices of the Peace or any inferior court that may be estab- 
lished by the Legislature shall not have jurisdiction in any matter 
wherein the title or boundaries of land may be in dispute. Nor shall 
either of the courts mentioned in this proviso have power to order or 
decree the sale or partition of real estate : and Provided, further, that 
Justices of the Peace, and such inferior courts as may be established 
by the Legislature, shall not have jurisdiction when the debt, or sum 
claimed shall exceed one hundred dollars, and the jurisdiction of the 
District and Probate courts, and Justices of the Peace shall be uniform 
throughout the State. 

§ 5. Probate Judges^ Justices of the Peace, and persons holding 
inferior courts, herein authorized to be established by the Legislature, 
shall be elected by the electors of the several districts for which they 
may be elected in the manner and time fixed by law. 

§ 6. The salary of the Justices of the Supreme Court shall be two 
thousand dollars each per annum and no more ; and all other judicial 
officers shall be paid for their services in fees to be prescribed by law. 

§ V. The Legislature shall by law provide that on the entry or com- 
mencement of any suit in the District Court, the party so commencing 
or entering such suit, shall, before the same is so commenced or entered, 
pay to the clerk of said District Court the sum of five dollars ; and in 
like manner on the entry or commencement of any suit in the Supreme 
Court, shall pay the sum of ten dollars to the clerk thereof, which money 
so paid, shall be for the use of the State, and shall be paid by said clerks 
to the proper offices designated by law, as by law may be required; which 
money so received shall be held and esteemed as a judiciary fund, and 
to be applied in payment of the salaries of the Justices of the Supreme 
Court. Which amounts so paid shall be taxed as costs against the 
unsuccessful party, and collected as other costs : Provided, the Legisla- 
ture may provide by law for dispensing with the payment of said sums 
of money in cases where the party so commencing or entering suit shall 
be really unable to pay the same, aud the amount shall in all cases be 
taxed and collected as other costs : Provided, also, that the Legislature 



12 THE CONSTITUTION 

shall have power whenever the amount so redeived shall exceed the 

salaries of the Jm'lges of the Supreme Court, to reduce the amount to 
be paid so that the gross amount] will not exceed such salaries. 

§ 8. The Legislature may, after the year one thousand eight hundred 
and seventy -live, increase the number of Justices of the Supreme Court, 
and the judicial districts of the State. 

§ 0. In all cases heard before the Supreme Court, as an appellate 
court, the Justice who may have trie;! such cause in the court below 
shall not participate in the decision thereof until the other two Justices, 
if present, shall have failed to agree in the decision of such cause, 

§ 10. All process, writs, and other proceedings shall run in the name 
of" The people, of the Sltate of Nebraska." 



FINANCE. 

§ 1. No money shall be paid out of the treasury, except in pursu- 
ance of an appropriation by law. 

§ 2. The credit of the State shall never be given or bound in aid of 
any individual, association, or corporation. 

§ ii. The Legislature shall provide for an annual tax sufficient to 
defray the estimated expenses of the State for each year , and when- 
ever the expenses of any year shall exceed the income, the Legislature 
shall provide for levying a tax for the ensuing year, sufficient, with 
other sources of income, to pay the deficiency, as well as the estimated 
expenses of such ensuing year. 

§ 4. For the purpose of defraying extraordinary expenditures, the 
State may contract public debts; but such debts shall never in the 
aggregate exceed fifty thousand dollars. Every such debt shall be 
authorized by law, for some purpose or purposes to be distinctly speci- 
fied therein ; and the vote of a majority of all the members elected to 
each House, to be taken by yeas and nays, shall be necessary to the 
passage of such laws ; ami every such law shall provide i'or levying an 
annual tax sufficient to pay the annual interest of such debt, and the 
principal within ten years from the passage of such law ; and shall 
specially appropriate the proceeds of such taxes to the payment of such 
principal and interest ; and such appropriation shall not be repealed, 
nor the taxes be postponed or diminished until the principal and inter- 
est of such debt shall have been wholly paid. 

§ 5. The Legislature may also borrow money to repel invasion, 
suppress insurrection, or defend the State in time of war ; but the 
money thus raised shall be applied exclusively to the object for which 
the loan was authorized, or to the re-payment of the debt thereby 
created. 

§ 6. The State shall never contract any debt for works of internal 
improvement, or be a party in carrying on such works ; but whenever 
grants of land or other property shall have been made to the State, 
especially dedicated by the grant to particular works of internal ini- 



OF NEBRASKA. 13 

provement, the State may carry on such particular works, and shall 
devote thereto the^avails of such grants, and- may pledge or appropriate 
the revenues derived from such works in aid of their completion. 



EMINENT DOMAIN. 

£ 1. The State shall hav,e concurrent jurisdiction on all rivers bor- 
dering on this State, so far as such rivers shall form a common boun- 
dary to the State, and any other Stale or Territory uow or hereafter to 
be formed and bounded by the same, ^.nd the river Missouri, and the 
navigable waters leading into the Missouri, and the carrying places 
between the same, shall be common highways, and forever free, as well 
to the inhabitants of the State as to the citizens of the United States, 
without any tax, impost, or duty therefor! 

§ 2. The title to all lands and jother property, which, have accrued 
to the Territory of Nebraska, by grant, gift, purchase, forfeiture, 
escheat or otherwise, shall vest in the State of Nebraska. 

§ 3. The people of the State, in their right of sovereignty, are de- 
clared to possess the ultimate property in and to all lauds within the 
jurisdiction of the State; and all lands the title bo which shall fail from 
a defect of heirs, shall revert, or escheat to the people/. 



EDUCATION. 

§ 1. The principal of all funds arising from" the sale, or other dispo- 
sition of lands or other property, graate I or e^. listed to this State for 
educational and religious purposes, shall i^ivver be preserved inviolate 
and undiminished ; and the income arising therefrom shall be faithfully 
applied to the specific objects of the original grants or appropriations. 
The Legislature shall make such provisions by taxation or otherwise, as, 
with the income arising from the school trust fund, will secure a thor- 
ough and efficient system of common schools throughout the State; but 
no religious sect or sects, shall ever have any exclusive right to, or con- 
trol of any part of the school funds of this State. 

§ 2. The university lands, school lands, and all other lands which 
have heeu acquired by the Territory of Nebraska, or which may here- 
after be acquired by the State of Nebraska for educational or school 
purposes, shall not be aliened or sold for a less sum than five dollars per 
acre. 



CORPORATIONS. 

§ 1. The Legislature shall pass no special act conferring corporate 
powers. 

§ 2. Corporations may be formed wader general laws. 

§ 3. The property of corporations, now existing or hereafter created, 
*hall forever be subject to taxation, the same as the property of indi- 
viduals. 



14 THE CONSTITUTION 

§ 4- The legislature shall provide for the organization of cities and 
incorporated villages by general Laws; and rescue. t their power of 
taxation, assessment, borrowing money, contracting debts and loaning 
their credits, so as to prevent the abuse of such power. 



AMENDMENTS. 

§ 1. If at any time a majority of the Senate an<b House of Repre- 
sentatives shall deem it necessary to call a convention to Revise or 
change this Constitution, they shall recommend to thoVlectors to vote 
for or against a convention at the next election for members of the 
Legislature ; and if it shall appear that a majority of the electors voting 
thereon have voted for a convention, the Legislature shall at its next 
session provide for calling such convention. 



HO UNO ABIES. 

§ 1. The State of Nebraska shall consist of all the territory included 
within the following boundaries, to-wit: Commencing at n point form- 
ed by the intersection of the western boundary of the Male of Missouri, 
with the fortieth degree of north latitude; extending thence due west 
along said fortieth degree of north latitude, to a point formed by its 
intersection with the twenty-fifth degree of longitude west from Wash- 
ington ; thence north along said twenty-fifth degree of longitude, to a 
f joint formed by its intersection with the forty-first degree of north 
atitude; thence west along said forty-first degree of north latitude to 
a point formed by its intersection with the twenty-seventh degree of 
longitude west from Washington; thence north along said twenty- 
seventh degree of west longitude, to a point formed by its intersection 
with the forty-third degree of north latitude; thence : t along said 
forty-third degree of north latitude, to the Keya I'ajui ,riv< r : thene< 
down the middle of the channel of said river, with its meauderings, to 
its junction with the Niobrara River ; thence down the middle of the 
channel of said Niobrara River, and following the meauderings thereof 
to its junction with the Missouri River; thence down tho middle of the 
channel of said Missouri River, and following the meauderings thereof 
to the place of beginning. 



SCHEDULE. 

§ 1. That no inconvenience may arise from the change of territorial 
government to a State government, it is declared that all rights, suits, 
actions, prosecutions, judgments, recognizances, claims and contracts, 
both as respects persons and bodies corporate, shall continue andH* 
enforced as if no change had taken place, and all laws now in f«jne 
shall remain in force until altered, amended, or appealed by the L< 
lature ; Provided, wherever the word Territory shall occur, it shall he 
construed to mean State, whenever it may be necessary, in order that 
such, laws may conform to the State government. 



OF NEBRASKA. 15 

§ 2. All debts, fines, penalties, recognizances, and forfeitures, due 
and owing to the Territory of Nebraska, shall inure to the benefit of the 
State, and all obligations and bonds to the Territory of Nebraska or 
any office thereof, shall be esteemed and taken as due and owing to 
the State of Nebraska, and may be in such manner enforced. 

§ 3. The Governor and all other officers of the Territorial govern- 
ment, shall continue to discharge and exercise the duties of their 
respective offices, until superseded by the provisions of this Constitu- 
tion or the officers appointed or elected by authority of its provisions. * 

§ 4. The first election for Governor, Secretary of State, Auditor of J6^ fa ^~ 
State, one Representative to Congress, the Justices to the Supreme - <-*. 
Court, the members of the Senate and House of Representatives, shall -***"" * ~ 
be held on the second day of June, one thousand eight hundred and 
sixty-six, at the places, and in the manner now prescribed by law for 
general elections. The members of the Senate shall be elected in and 
from the same districts that are now prescribed by law for councilmen 
districts. The members of the House of Representatives shall be 
elected in and from the same districts that are now prescribed by law, 
for members to the House of Representatives of the Territory of Ne- 
braska, and all the officers mentioned, to-wit : Senators and Represen- 
tatives shall hold their offices until the first Monday in January, A. D. 
1867 ; Governor, Secretary of State, State Auditor and Treasurer, until 
the second Monday in January, A. D. 1869, and until their successors 
are elected and qualified ; the Supreme Judges until the first day of 
January, A D. 1873. 

§ 5. The first session of the Legislature shall be held at the capitol 
in the citv of Omaha, commencing on the fourth day of July, A. I). 
1866. 

§ 6. This Constitution is formed, ami trie State of Nebraska asks to 
be admitted into the Union on an equal footing with the original States 
on the cond'Hon and faith of the terms and propositions stated and 
specified ii: „n act of congress approved April nineteenth, 1864, 
authorising the people of the Territory to form a Constitution a nictate 
Government"; the people of the State of Nebraska hereby accepting ' 
the conditions in said act specified.* 'sW 

§ 7. The foregoing Constitution shall be submitted to the %leerorK 
of the Territory of Nebraska at an election to be held on the second 
day of June in the year one thousand eight hundred and sixty-six, in 
the several election districts of this Territory. The ballots at such 
elections shall be written or printed as follows : 

Those in favor of the Constitution, '» For the Constitution. ," 

Those against the Constitution, "Against Hie Constitution.'''' 

The polls at said elections shall be opened at the hour of nine o'clock 
A. M., and closed at six o'clock P. M., and the returns of said elections 
shall be made to the acting Governor of the Territory, who, together 

iththe United States District Attorney and Chief Justice of the Ter- 
ft ory, or any two of them, shall canvass the same, and if a majority of 
the legal votes shall be cast for said Constitution, the same shall be 
the Constitution of Nebraska. 

*See Appendix. 



16 THE CONSTITUTION 

Said Governor shall certify the s; i :•■ t< th< President of the United 
States; Provided, that the -said e!< all be conducted and the 

returns made in the same manner ajocl nuder the .-ame regulations as 
are prescribed by law, in the ease of the election of Territorial "Hirers. 

The election returns for the Goverjior, Secretary of Slate, Auditor, 
Treasurer and Supreme .fudges, shall be made to the same offices, and 
the canvass of such returns made m the same manner :t> is now, pre- 
scribed by law for Delegate in Con^res 



Resolved by the Conned and Iloux , ' >s< ■.•/<( i in. < of (hi Territory of 
Nebraska, That the foregoing Constitution be^ubmitted to t^e qualified 
electors of the Territory, for their ;:< ! »ip.tiort or rejection, at an election, 
hereby authorized to beheld at the til in die manner specific d in 

the seventh (7th) section of the Schedule F id Constitution, and that 
the returns and canvass of the vote- | election bemade* as jin 

said section prescribed. 

JAMES G. '• 

Speaker of the House of Representatives. 

O. P. MASON, ' 

President of the Council. 
Approved, February 9tli, 1866. ALV1N SATT'NDERS^ 

a.fpeisidi^:. 

The following sections of the Enabling & \ p > Congress, approved April 

19th, 1864, and referred to in the foregoing scheduli . ntain the donations o.iVredto 
the State of Nebraska : 

Sec. 8. And be it further enacted, That, provided the State of Nebraska shall be 
admitted into the union in accordance with the fie i 'gojiiig provisions of this act, that, 
twenty entire sections of the unappropriated public lands widiiu .-aid State be 
selected and located by direction of the legislature (hereof, on or before the flrsl day 
of January, anno Domini eighteen^lindfed t.nd sixty-eight, shall bo and they' aire 
hereby granted, in legal subdivisions of not lesa than one hundred and sixty acres-, to 
said State for the purpose of erecting public buildings ::t the eapi ■''■ State for 

legislative and judicial purpose.-, in such manner ;;.- tl | rescribe. 

Sec. 9. And be it further enacted, That iil'ty odie-r ■. land, as afore- 

sauL to bo selected and located as aforesaid, in leg..', Mibdivisiorif as aforesaid, shall 
b^Pmd they are hereby, granted to said State for the purpose of erecting a suitable 
buildjrflg for a penitentiary or State prison in the manner aforesaid. 

Sec. 10. And be it further enacted, That seventy-two other sections of land shall be 
set apart and reserved for the use and support of a State university, to be selected in 
manner as aforesaid, and to be appropriated and applied'as the legislature of said 
State may prescribe for the purpose named, and for no other purpose. 

Sec. 11. And be it further enacted, That all salt springs within said State, not 
exceeding twelve in number, with six seetioris of land adjoining, or as contiguous as 
may be to each, shall be granted to said Slate for its use, the said land to be selected 
by the Governor thereof, within one year after the admission of the Stato, and when 
so selected to be used or disposed of on such terms, conditions, and regulations as tho 
legislature shall direct: Provided, That no salt spring or lands, the right whereof is 
now vested in any individual or individual-, or which hereafter shall be confirmed or 
adjudged to any individual or individuals, shall, by this act, be granted to said State. 

Sec. 12. And be it further enacted, That five per centum of the proceeds of the 
sales of all public lands lying within said State, which have been or shall be sold by 
the United States prior or subsequent to the admission of said State into the Union, 
after deducting all expenses incident to tho same, ehall be paid to the said Stato for 
tho support of common schools. 
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History of Highway and Vehicle Regulations

I Paul John Hansen wish to “soon” add the first introduction of the Federal Motor Vehicle laws.

A Short History of Highway and Vehicle Regulations

by Carl Watner
Number 92 – June 1998

The development of the automobile, in contrast to the history of the socialized roads upon which it runs, was largely a free market phenomenon. James Flink, a professional historian of the automobile, has noted that, “One must conclude that the development of adequate automobile roads lagged well behind the diffusion of the motor vehicle in the United States and that the automobile was widely adopted here despite the relative scarcity of suitable roads for its use. . . . American automobiles were improved much more rapidly than the streets and highways on which they were driven.” (Flink 211) after the first American gasoline-powered automobile was constructed by the Duryea brothers in 1893, car manufacturing operations began to spring up all over the country. Carriage makers, like the Studebaker Corporation (which claimed to be the world’s largest producer of horse-drawn vehicles at that time), as well as corner machine shops, had their fling at automobile production. Almost any one with mechanical ingenuity and machining facilities could get into operation by assembling the parts they had either purchased from others or made themselves, and tagging the end result with their own name. “Since the first Duryea, there have been a total of more than 2200 different makes of automobiles, of which only a handful have survived.” (Shank 52) Flink failed to observe that the reason that the average car improved much more rapidly than the average road was because of the presence of free market competition and the absence of State ownership of the firms that produced automobiles. It was the spirit of entrepreneurship and the absence of the State which propelled the development of the automobile, and the exact opposite which held back the development of American roads.

Nonetheless, the political governments of the time had to have their try at directly regulating and controlling the automobile. The legal system was used as a means of collecting royalties on the use of gasoline engines in automobiles by enforcing the Selden patent, but this effort was broken by Henry Ford in 1911. Actually, the turn of the century did not mark the beginning of political regulation of conveyances. Local and municipal governments were already regulating and licensing bicycle usage within their jurisdictions during the 1880s and 1890s. (Mason 42) For example, the city of Chicago had a “Wheel Tax” ordinance in effect in 1898, which required an annual license fee from all wagons, carriages, coaches, buggies, and bicycles. The year 1901 marked the first attempt at levying a registration fee specifically on autos (New York State – annual revenue for the year was U$954), and at the same time the first law regulating the speed of an automobile was passed in Connecticut (12 MPH in the country, 8 MPH in the cities). (Labatut 95, 99) By 1907, 31 States required registration of motor vehicles, the fees varying from 25 cents to U$25 per vehicle. (Dearing 250) The first traffic code in the world was adopted by New York City in 1903. (Labatut 454) Many “municipalities had their own ordinances regulating speeds, parking, the use of bells, horns and gongs, the making of unnecessary exhaust noise and the emission of noxious gas, smoke or steam, and they imposed fines for violations. These regulations varied widely from city to city and , especially in the smaller municipalities were often enforced in a discriminatory way.” (AMER. HWYS. 57, 60) “Speed traps” were often operated by local police officers in rural communities “with fines going into the local treasury or the pockets of the police, justice, or magistrate. The speed trap racket was so bad in New York prior to 1910, that the Legislature passed an act that year requiring all fines imposed for violations of the motor vehicle laws to be turned over to the State treasurer. This reduced the fines collected from motorists to a mere trickle.” (AMER. HWYS. 60) The effort to standardize traffic codes finally came to fruition in 1926, when a committee under Commerce Secretary Herbert Hoover compiled the first national Uniform Vehicle Code. (Tyler 86)

Registration of motor vehicles with local governments often began on a voluntary basis; that is government offered a free service as an additional means of identifying one’s vehicle in the event of theft. “Registration of vehicles was often accomplished by a motorist selecting his own numbers and advising a local official that such numbers had been affixed to the vehicle – usually on a leather tag. The local official filed the record by name and by number. Duplications of numbers was avoided by a simple checking procedure . . . [However,] this method of registering vehicles was short-lived. . . . [L]ocal authorities secured the passage of ordinances . . . [and] some of these early enactments also granted regulatory powers. Thus, the basic pattern of motor vehicle administration was established and continued its growth to the present time.” (Labatut 442) The New York State law of 1901 did not require that vehicles be classed in any particular way. All vehicles paid the same fee. “The New York law was primarily a measure for legal control rather than for revenue, but in later years New York and other States collected sizable amounts of money in registration fees.” (AMER. HWYS. 57) Connecticut and Massachusetts passed similar legislation in 1903, requiring the registration of automobiles and motorcycles on a statewide plan. “Many of these early systems were conducted on a basis whereby a flat fee once paid effected registration for the life of the vehicle.” (Labatut 443) Registration fees were not the only motor vehicle imposts faced by early car owners. “Some cities and villages required the motorist to pay a ‘wheel tax‘ of $10 to $20 per year for the privilege of driving on their streets. A number of States collected a personal property tax on the vehicle in addition to the registration fee.” (AMER. HWYS. 57)

The importance of registration as a means of taxing owners of motor vehicles for the “privilege” of being an owner was noted as early as 1903 in Horesless Age Magazine : “The Denver [Colorado] automobile ordinance has been of much assistance to the assessors of taxes, who have been enabled by means of the license requirements to identify and tax the owners [of vehicles]. Previous to its adoption, it is estimated that one-third of the automobiles in the city went untaxed.” (Vol. 11, May 6, 1903, p.564)

“Horace Dodge and Henry Ford lost a 1904 suit that they brought on behalf of Detroit’s motorists to test the constitutionality of that city’s registration ordinance. They claimed that the $1 fee constituted double taxation of personal property and that the ordinance was unjust ‘class Legislation’ because owners of horse-drawn vehicles were neither forced to carry identification tags nor deprived of the right to allow children under sixteen year’s of age to drive their vehicles.” (Flink 170) In April 1905, the city court of Detroit ignored the questions of taxation and held that the ordinance requiring registration and display of a license tag on each and every motorized vehicle was “a justifiable exercise of police power, in the interest of the safety of the travelling public.”

As soon a number of States had enacted registration laws, the question of reciprocity arose to plague motorists. In 1907, at least eight States extended no reciprocity at all to other States. (Dearing 250) “New York, the leader in the registration movement, allowed any vehicle to use its roads, provided the vehicle was registered in its own State, and provided that State granted the same privilege to cars registered in New York.” (AMER. HWYS. 57) By 1910, fifteen other States had reciprocity with New York, but this did not include New Jersey. “As a result, thousands of New Yorkers who had summer homes on the Jersey coast had to register their machines for the full year in both States. A similar relation existed with Massachusetts and 17 other States which did not grant full reciprocity.” (AMER. HWYS. 57) As a result of such lack of cooperation between the States, groups such as the American Automobile Association (1902) and the National Automobile Chamber of Commerce (1913) were organized. Both supported changes in the law that would have required Federal, rather than State, registration of all motor vehicles, in order to solve the problem of reciprocity among the States. This problem was ultimately overcome when all of the States accepted plans for mutual reciprocity.


[Editor’s Concluding Note: The above material was discovered while doing research on the history of roads and highways. It is undoubtedly sketchy and very incomplete. Since private ownership of the roads has never existed, it is difficult to imagine what provision property owners and insurance companies would make regarding the regulation and use of roads. One historical fact is certain. The population of the United States learned to drive cars without any assistance from the State.]

Short Bibliography available upon request.

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Chronology of Jail stints, as Paul is about his Father’s Work.

 

THE REST OF THE STORY by Paul Severe (Hansen)

March 2, 2017, Sentencing hearing on the ‘no registration, no operators license, no insurance.

I beat them real bad in court and the judge still chose to find me guilty.
Ed Shell told me the judges are told to do this and that way the appeals courts can cover up the state fraud.
A friend of mine told me that his Public Defender told him that he knew of me and that he knew that the courts find me guilty most every time, but he added I win many of the cases on appeal.
I nailed them bad on territorial jurisdiction, no sworn complaint, and the statute is void for vagueness for it lacks the ‘commercial, for pay’ activity as the ‘supremacy clause’ requires the state to implement/promulgate in all activity related to a ‘motor vehicle’.
They should have given me 6 month minimum, they gave me ten days.
I’ll sue the prosecutor and the judge for conspiring to simulate a judicial process, no sworn complaint.
No sworn complaint = no crime to prosecute = conspiring.
A jury of 12 will agree, by ruling “an’t right”, pay the man.
>>>>
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