{"id":1626,"date":"2017-01-25T19:43:11","date_gmt":"2017-01-25T19:43:11","guid":{"rendered":"http:\/\/www.pauljjhansen.com\/?p=1626"},"modified":"2017-01-25T19:43:11","modified_gmt":"2017-01-25T19:43:11","slug":"nebraska-constitution-text","status":"publish","type":"post","link":"http:\/\/www.pauljjhansen.com\/?p=1626","title":{"rendered":"Nebraska Constitution, TEXT"},"content":{"rendered":"
STATE OF NEBRASKA. <\/span><\/span><\/span>\r\n\r\n\r\n\r\nPREAMBLE. <\/span><\/span><\/span>\r\n\r\nWe, the people of Nebraska, grateful to Almighty God tor our free- <\/span><\/span><\/span>\r\ndom, in order to secure its blessings, form a more perfect government, <\/span><\/span><\/span>\r\ninsure domestic tranquility and promote the general welfare, do estab- <\/span><\/span><\/span>\r\nlish this Constitution. <\/span><\/span><\/span>\r\n\r\n\r\n\r\nA R TICLE I . <\/span><\/span><\/span>\r\nDECLARATION OF RIGHTS. <\/span><\/span><\/span>\r\n\r\n\u00a7 I. All men are born ecpially free and independent, and have cer- <\/span><\/span><\/span>\r\ntain inherent rights ; among these are life, liberty and the pursuit of <\/span><\/span><\/span>\r\nhappiness. To secure these rights, governments are institute.; among <\/span><\/span><\/span>\r\nmen, denying their just powers from the consent of the governed. <\/span><\/span><\/span>\r\n\r\n\u00a7 2. There shall be neither slavery nor involuntary servitude in this <\/span><\/span><\/span>\r\nState, otherwise than for the punishment of crime, whereof the party <\/span><\/span><\/span>\r\nshall have been duly convicted. <\/span><\/span><\/span>\r\n\r\n\u00a7 3. Every person may freely speak, write and publish his senti- <\/span><\/span><\/span>\r\nments on all subjects, being responsible tor the abuse of that right, and <\/span><\/span><\/span>\r\nno laws shall be passed to restrain or abridge the liberty of speech or of <\/span><\/span><\/span>\r\nthe pres$. In ah criminal prosecutions or indictments for libel the truth <\/span><\/span><\/span>\r\nmay be given in evidence; and if it shall appear to the jury that the <\/span><\/span><\/span>\r\nmatter charged as libelous be true, and was published with \"good mo- <\/span><\/span><\/span>\r\ntives and for justifiable ends, the party shall be acquitted: and the jury <\/span><\/span><\/span>\r\nshall have the right to determine the law and the fact. <\/span><\/span><\/span>\r\n\r\n\u00a7 4. The right of the people peacably to assemble to consult for the <\/span><\/span><\/span>\r\ncommon good, and to petition the government, or any department <\/span><\/span><\/span>\r\nthereof, shall never be abridged. <\/span><\/span><\/span>\r\n\r\n\u00a7 5. The right of trial by jury shall remain inviolate, but the legis- <\/span><\/span><\/span>\r\nlature may authorize trial by a jury of a less number than twelve men, <\/span><\/span><\/span>\r\nin inferior courts. <\/span><\/span><\/span>\r\n\r\n\u00a7 6. All persons shall be bailable by sufficient sureties, except for <\/span><\/span><\/span>\r\ncapital offences, where the proof is evident, or the presumption great. <\/span><\/span><\/span>\r\nExcessive bail shall not be required ; nor excessive fines imposed, nor <\/span><\/span><\/span>\r\ncruel and unusual punishments* inflicted. <\/span><\/span><\/span>\r\n\r\n\r\n\r\n4 THE CONSTITUTION <\/span><\/span><\/span>\r\n\r\n\u00a7 7. In all criminal prosecutions and in cases involving the life or <\/span><\/span><\/span>\r\nliberty of an individual, the accused shall have a right to :i speedy and <\/span><\/span><\/span>\r\npublic trial by an impartial jury ; to be informed of the accusation <\/span><\/span><\/span>\r\nagainst him ; to have a copy of the same when demanded; to he con- <\/span><\/span><\/span>\r\nfronted v\\-ith the witnesses agahist him; to have compulsory profess <\/span><\/span><\/span>\r\nfor hi.-> witnesses ; and to have the assistance of counsel. <\/span><\/span><\/span>\r\n\r\n^ 8. No person shall he held to answer for a criminal offence unless <\/span><\/span><\/span>\r\non the presentment or indictment of a grand jury except in cases of <\/span><\/span><\/span>\r\nimpeachment, or in gaseB-eOjgnizable by justices of the peace, or arising <\/span><\/span><\/span>\r\nin tin army or navy, or in the militia, when in actual service in time of <\/span><\/span><\/span>\r\nwar, or public danger ; and no person for the same oftense shall be put <\/span><\/span><\/span>\r\ntwice in jeopardy of punishment, nor shall be compelled in any criminal <\/span><\/span><\/span>\r\notisc to be a witness against himself. All persons shall before convic- <\/span><\/span><\/span>\r\ntion be bailable by sufficient si\u00bbeties, except for capital offenses, when <\/span><\/span><\/span>\r\nthe proof is evident or the presumption great ; and the pri\\ ilege of the <\/span><\/span><\/span>\r\nwrit of habeas corpus shall not lie suspended, unless when, in cases of <\/span><\/span><\/span>\r\nrebellion or invasion the public safety may requke. <\/span><\/span><\/span>\r\n\r\n\u00a7 '.'\u2022. All courts shall be open, and every person, for an injury done <\/span><\/span><\/span>\r\nhim in his land, goods, person or r putation, shall have remedy by due <\/span><\/span><\/span>\r\ncourse of law, and justice ad ed without denial or delay. <\/span><\/span><\/span>\r\n\r\n\u00a7 !0. Treason against the State shall consist only, in levying war <\/span><\/span><\/span>\r\nagainst the same, or in adhering to its enemies, giving them aid and <\/span><\/span><\/span>\r\ncomfort. No person shall bafl&onvieted of treason unless on the testi- <\/span><\/span><\/span>\r\nmony of two witnesses to the sa he overt act, or on confession in open <\/span><\/span><\/span>\r\nCourt. <\/span><\/span><\/span>\r\n\r\ng 11. The right of the people to be secure in their persons, houses, <\/span><\/span><\/span>\r\npapers, and effects, against unreasonable searches and seizures shall not <\/span><\/span><\/span>\r\ntie violated; and ho warrant shall issue but upon probable cause, sup- <\/span><\/span><\/span>\r\nported by oath or affirmation, . particularly describing the place to <\/span><\/span><\/span>\r\nbe searched, and the person or things to be seized. <\/span><\/span><\/span>\r\n\r\n\u00a7 12. No bill of attainder, ex-post-facto law, nor any law impairing <\/span><\/span><\/span>\r\nthe obligation of contracts shall ever be passed ; and no conviction shall <\/span><\/span><\/span>\r\nwork corruption (A' blood or forfeiture of estate. <\/span><\/span><\/span>\r\n\r\n\u00a7 13. The property of no person shall be taken for public use with- <\/span><\/span><\/span>\r\nout just compensation therefor. <\/span><\/span><\/span>\r\n\r\n\u00a7' 14. No distinction shall ever be made 'by law between resident <\/span><\/span><\/span>\r\naliens and citizens in reference to the possession, enjoyment, or descent <\/span><\/span><\/span>\r\nof property. <\/span><\/span><\/span>\r\n\r\n\u00a7 15. No person shall be imprisoned for debt in any civil action on <\/span><\/span><\/span>\r\nmesne or final process, unless in cases of fraud. <\/span><\/span><\/span>\r\n\r\n\u00a7 16. All men have a naturaj and indefeasible right to worship <\/span><\/span><\/span>\r\nAlmighty God according to the dictates of their own conscience. No <\/span><\/span><\/span>\r\nperson shall be compelled to attend, erect,' or support any place of <\/span><\/span><\/span>\r\nworship, or maintain any form of wrship against his consent, and no <\/span><\/span><\/span>\r\npreference sha.ll be given bylaw to any religious society, nor shall any <\/span><\/span><\/span>\r\ninterference with the rights of conscience be permitted. No religious <\/span><\/span><\/span>\r\ntent shall be required as a qualification for office, nor shall any person <\/span><\/span><\/span>\r\nbe incompetent to be a witness on account of his religious belief; but <\/span><\/span><\/span>\r\nnothing herein shall be construed to dispense with oaths and affirma- <\/span><\/span><\/span>\r\ntions. Religion, morality, and knowledge, however, being essential to <\/span><\/span><\/span>\r\n\r\n\r\n\r\nOF NEBRASKA. 5 <\/span><\/span><\/span>\r\n\r\ngood government, it shall be the duty of the Legislature to pass suitable <\/span><\/span><\/span>\r\nlaws to protect every religious denomination in the peaceable enjoy-; <\/span><\/span><\/span>\r\nment of its own mode of public worship and to encourage schools and <\/span><\/span><\/span>\r\nthe means of instruction. <\/span><\/span><\/span>\r\n\r\n\u00a7 17. The military shall be in strict subordination to the civil power. <\/span><\/span><\/span>\r\n\r\n\u00a7 18. The writ of error shall be a writ of right in all capital cases, <\/span><\/span><\/span>\r\nand shall operate as a supersedeas to stay the execution of the sentence <\/span><\/span><\/span>\r\nof death until the further order of the Supreme Court in the premises. <\/span><\/span><\/span>\r\n\r\n\u00a7 19. The blessings of a free government can only be maintained <\/span><\/span><\/span>\r\nby a firm adherence to justice, moderation, temperance, frugality, and <\/span><\/span><\/span>\r\nvirtue, and by frequent recurrence to fundamental principles. <\/span><\/span><\/span>\r\n\r\n\u00a7 20. This enumeration of rights shall not be construed to impair or <\/span><\/span><\/span>\r\ndeny others retained by the people, and all powers not herein delegated <\/span><\/span><\/span>\r\nremain with the people. <\/span><\/span><\/span>\r\n\r\n\r\n\r\nARTICLE II. <\/span><\/span><\/span>\r\n\r\nLEGISLATIVE. <\/span><\/span><\/span>\r\n\r\n\u00a7 1. The legislative authority of this State shall be vested in a <\/span><\/span><\/span>\r\nGeneral Assembly which shall consist of a Senate and 'House of <\/span><\/span><\/span>\r\n. Representatives, and the style of every law shall be <\/span><\/span><\/span>\r\n\r\n\"Be it enacted by the Legislature of the State of Nebraska \" <\/span><\/span><\/span>\r\n\r\n\u00a7 2. Every male person of the age Of twenty-one years, or upwards, <\/span><\/span><\/span>\r\nbelonging to either of the following classes, who shall have resided in \u25a0 <\/span><\/span><\/span>\r\nthe state, county, precinct and ward, for the time provided by law, <\/span><\/span><\/span>\r\nshall be an elector : j <\/span><\/span><\/span>\r\n\r\nFirst \u2014 White citizens of the United States. I <\/span><\/span><\/span>\r\n\r\nSecond \u2014 White persons of foreign birth Avho shall have declared <\/span><\/span><\/span>\r\ntheir intention to become citizens conformable to the laws of the United, <\/span><\/span><\/span>\r\nStates on the subject of naturalization. JJf\/ <\/span><\/span><\/span>\r\n\r\n\u00a73. The legislature shall provide by law for an enumeration of th<?\u00bb <. C <* <\/span><\/span><\/span>\r\ninhabitants of the state in the year one thousand eight hundred ^^ <\/span><\/span><\/span>\r\nand seventy-five, and at the end of every ten years thereafter; and at <\/span><\/span><\/span>\r\ntheir first session after such enumeration, and also after each enumera- <\/span><\/span><\/span>\r\ntion made by the authority of the United States, the Legislature shall <\/span><\/span><\/span>\r\napportion and district anew the members of the Senate and House of <\/span><\/span><\/span>\r\nRepresentatives, according to the number of inhabitants, excluding <\/span><\/span><\/span>\r\nIndians not taxed, and soldiers and officers of the United States army <\/span><\/span><\/span>\r\nand navy. <\/span><\/span><\/span>\r\n\r\n\u00a7 4. Senators and Representatives shall be elected bi-ennially, by <\/span><\/span><\/span>\r\nthe electors in the respective counties or districts, on the second Tues- <\/span><\/span><\/span>\r\nday of October. Then- term of office shall commence on the first day <\/span><\/span><\/span>\r\nof January next thereafter, and continue two years, except the Senators <\/span><\/span><\/span>\r\nand Representatives to the first legislature* under this Constitution, <\/span><\/span><\/span>\r\nwhose election and term of office shall be as hereinafter provided. \/> \u00ab <\/span><\/span><\/span>\r\n\r\n\u00a7 5. The Senators and Representatives shall be chosen by districts ^^tc. * <\/span><\/span><\/span>\r\nof convenient, contiguous territory, as compact as may be, to be defined <\/span><\/span><\/span>\r\nby law, except as to the first election which is hereinafter provided for, S^ fJCXet. Lj <\/span><\/span><\/span>\r\n\r\n\r\n\r\nict JeX* Xu^c. -A.^\/y.-\/ <\/span><\/span><\/span>\r\n\r\n\r\n\r\nG THE CONSTITUTION <\/span><\/span><\/span>\r\n\r\n^r \u00a7 6. Every white male citizen, who shall be a Qualified elector in <\/span><\/span><\/span>\r\nS the district which he may be chosen to represent, shall be eligible to a <\/span><\/span><\/span>\r\nse.it in the .Legislature. <\/span><\/span><\/span>\r\n\r\n\u00a7 7. Each House shall be the judge of the election and quali- <\/span><\/span><\/span>\r\nfications of its own members, and a majority of each shall consti- <\/span><\/span><\/span>\r\ntute a quorum to do business, hut a smaller number may adjourn from <\/span><\/span><\/span>\r\nday to day, and may compel the attendance of absent members in such <\/span><\/span><\/span>\r\nmanner and under such penalties as each i louse may provide. <\/span><\/span><\/span>\r\n\r\n\u00a7 s. The Senate shall consist of thirteen members, and the House <\/span><\/span><\/span>\r\nof Representatives shall consist of thirty-nine members and shall not bo <\/span><\/span><\/span>\r\nincrease 1 for the term often years after the adoption of this Constitu- <\/span><\/span><\/span>\r\ntion; Provided, that after the expiration of said ten years, the <\/span><\/span><\/span>\r\nLegislature shall have the power to increase the number of senators <\/span><\/span><\/span>\r\nand representatives, so as to correspond with the increase of the popu- <\/span><\/span><\/span>\r\nlation of the State ; Provided, such number shall at no time be more <\/span><\/span><\/span>\r\nthan twenty-live in the Senate and seventy-five in the House of Repre- <\/span><\/span><\/span>\r\nsentatives. <\/span><\/span><\/span>\r\n\r\n\u00a7 9. The mode of organizing the House of Representatives at the <\/span><\/span><\/span>\r\ncommencement of each regular session shall be prescribed by law. <\/span><\/span><\/span>\r\n\r\n\u00a7 10. Each House shall choose its own officers, may determine its <\/span><\/span><\/span>\r\nown rule of proceedings, punish its members for disorderly conduct, <\/span><\/span><\/span>\r\nand with the concurrence of two-thirds, expel a member, but not the <\/span><\/span><\/span>\r\nsecond time for the same cause ; and shall have all other powers nec- <\/span><\/span><\/span>\r\nessary to provide for its safety and the undisturbed transaction of its <\/span><\/span><\/span>\r\nbusiness. <\/span><\/span><\/span>\r\n\r\n\u00a7 11. Each house shall keep a correct journal of its proceedings, <\/span><\/span><\/span>\r\nwhich shall be published. At the desire of any three members in the <\/span><\/span><\/span>\r\nSenate, or any five members in the House, the ayes and nays shall be <\/span><\/span><\/span>\r\nentered upon the journal, and on the passage of every bill, in either <\/span><\/span><\/span>\r\nhouse, the vote shall be taken by yeas aud nays, and entered upon <\/span><\/span><\/span>\r\nthe journal, and no law shall be passed in either -house without the <\/span><\/span><\/span>\r\n< incurrence of a majority of all the members elected thereto. <\/span><\/span><\/span>\r\n\r\n\u00a7 12. The first session of the Legislature under this Constitution <\/span><\/span><\/span>\r\nKhali be held on the fourth day of July, one thousand eight hundred <\/span><\/span><\/span>\r\nand sixty-six ; and all regular sessions thereafter shall eonfm-ence ori <\/span><\/span><\/span>\r\nthe first Thursday after the first Monday in January, bi-ennially. But <\/span><\/span><\/span>\r\nthe Legislature may on extraordinary occasions be convened by proc- <\/span><\/span><\/span>\r\nlamation of the Governor, and when so convened shall transact no <\/span><\/span><\/span>\r\nbusiness, except such as relates to the objects for which they were <\/span><\/span><\/span>\r\nso convened, to be stated in the proclamation of the [Governor. <\/span><\/span><\/span>\r\n\r\n\u00a7 13. No member of the Legislature shall, during the term for <\/span><\/span><\/span>\r\nwhich he was elected, be appointed or elected to any civil office in the <\/span><\/span><\/span>\r\nState which shall have been created, or the emoluments of which shall <\/span><\/span><\/span>\r\nhave been increased, during the term for which he was elected. <\/span><\/span><\/span>\r\n\r\n\u00a7 14. No person being a member of congress, or holding any mili- <\/span><\/span><\/span>\r\ntary or civil office under the United States, shall be eligible to a seat in <\/span><\/span><\/span>\r\nthe Legislature; and if any person shall, after his election as a member <\/span><\/span><\/span>\r\nof the legislature, be elected to congress, or be appointed to any office, <\/span><\/span><\/span>\r\ncivil or military, under the Government of the United States, his <\/span><\/span><\/span>\r\nacceptance thereof shall vacate his seat. <\/span><\/span><\/span>\r\n\r\n\r\n\r\nOF NEBRASKA. 7 <\/span><\/span><\/span>\r\n\r\n\u00a7 15. The Governor shall issue writs of election to fill such vacan- <\/span><\/span><\/span>\r\ncies ;is may occur in either house of the legislature. <\/span><\/span><\/span>\r\n\r\n\u00a7 16. Members of the Legislature shall in all cases, except treason, <\/span><\/span><\/span>\r\nfelony, or breach of the peace, be privileged from arrest, nor shall they <\/span><\/span><\/span>\r\nbe subject to any civil process, during the session of the Legislature, <\/span><\/span><\/span>\r\nnor for fifteen days next before the commencement, and after the <\/span><\/span><\/span>\r\ntermination of each session. <\/span><\/span><\/span>\r\n\r\n\u00a7 17. No member of the Legislature shall be liable in any civil action <\/span><\/span><\/span>\r\nor criminal prosecution whatever, for words spoken in debate. <\/span><\/span><\/span>\r\n\r\n\u00a7 18. Bills may originate in either house ; but may be altered, <\/span><\/span><\/span>\r\namended or rejected in the other. <\/span><\/span><\/span>\r\n\r\n\u00a7 19. Every bill shall be fully and distinctly read on three different <\/span><\/span><\/span>\r\ndays, unless, in case of urgency, three-fourths of the house in which it <\/span><\/span><\/span>\r\nshall be pending, shall dispense with this rule. No bill shall contain <\/span><\/span><\/span>\r\nmore than one subject, which shall be clearly expressed in its title ; <\/span><\/span><\/span>\r\nand no law shall be revived or amended, unless the new act contain <\/span><\/span><\/span>\r\nthe entire act revived, and the sections amended ; and the section or <\/span><\/span><\/span>\r\nsections so amended shall be repealed. <\/span><\/span><\/span>\r\n\r\n\u00a7 20. The presiding officer of each House shall sign publicly, in the <\/span><\/span><\/span>\r\npresence of the House over which he presides, while the same is in <\/span><\/span><\/span>\r\nsession and capable of transacting business, all bills and joint resolutions <\/span><\/span><\/span>\r\npassed by the Legislature. <\/span><\/span><\/span>\r\n\r\n\u00a7 21. Each member of the Legislature shall receive for his services <\/span><\/span><\/span>\r\nthree dollars for each day's attendance during the session, and ten <\/span><\/span><\/span>\r\ncents for every mile he shall travel in going to and returning from the <\/span><\/span><\/span>\r\nplace of the meeting of the Legislature, on the most usual route. <\/span><\/span><\/span>\r\n\r\nProvided however, That they shall not receive pay for more than forty <\/span><\/span><\/span>\r\ndays at any one session. <\/span><\/span><\/span>\r\n\r\n\u00a7 22. The Legislature shall never authorize any lottery, or grant <\/span><\/span><\/span>\r\nany divorce. <\/span><\/span><\/span>\r\n\r\n\u00a7 23. The Legislature shall provide by law that all stationery re- <\/span><\/span><\/span>\r\nquired for the use of the State, and all printing authorized and required <\/span><\/span><\/span>\r\nby them to be done for their use, or for the State, shall be let by con- <\/span><\/span><\/span>\r\ntract to the lowest bidder ; but the Legislature may establish a max- <\/span><\/span><\/span>\r\nimum price. No member of the Legislature, or other State officer, <\/span><\/span><\/span>\r\nshall be interested, either directly or indirectly, in any such contract. <\/span><\/span><\/span>\r\n\r\n\u00a7 24. The Legislature shall never grant any extra compensation to <\/span><\/span><\/span>\r\nany public officer, agent, servant, or contractor, after the services shall <\/span><\/span><\/span>\r\nhave been rendered or the contract entered into. Nor shall the com- <\/span><\/span><\/span>\r\npensation of any public officer be increased or diminished during his <\/span><\/span><\/span>\r\nterm of office. <\/span><\/span><\/span>\r\n\r\n\u00a7 25. Members of the Legislature, and all officers executive and <\/span><\/span><\/span>\r\njudicial, except such inferior officers as may be by law exempted, shall, <\/span><\/span><\/span>\r\nbefore they enter upon the duties of their respective offices, take and <\/span><\/span><\/span>\r\nsubscribe an oath or affirmation to support the Constitution of the <\/span><\/span><\/span>\r\nUnited States, and the Constitution of the State of Nebraska, and <\/span><\/span><\/span>\r\nfaithfully to discharge the duties of their respective offices to the best <\/span><\/span><\/span>\r\nof their ability. <\/span><\/span><\/span>\r\n\r\n\u00a7 26. The Legislature shall determine what persons shall constitute <\/span><\/span><\/span>\r\nthe Militia of the State, and may provide for organizing and disciplining <\/span><\/span><\/span>\r\nthe same, in such manner as shall be prescribed by law. <\/span><\/span><\/span>\r\n\r\n\r\n\r\n8' TiiK CONSTITUTION <\/span><\/span><\/span>\r\n\r\n\u00a7 27. In all elections bv the Legislature, the numbers thereof <\/span><\/span><\/span>\r\nshall vote viva poet, aad tb^ir votes shall be filtered on the <\/span><\/span><\/span>\r\nJournal. <\/span><\/span><\/span>\r\n\r\n\u00a7 28. The House of Representatives shall h;n, v the sole power of <\/span><\/span><\/span>\r\nimpeachment, but a majority of the members, elected must concur <\/span><\/span><\/span>\r\ntherein. Impeachments shall be tried by the Senate ; ami the Senators <\/span><\/span><\/span>\r\nwhen sitting for that purpose, shall be upon oath or affirmation to do <\/span><\/span><\/span>\r\njustice according to law and evidence. No person shall be convicted <\/span><\/span><\/span>\r\nwithout the concurrence of two-thirds of the Senators. <\/span><\/span><\/span>\r\n\r\n\u00a7 29. The Governor, Secretary of State, Auditor, Treasurer, and <\/span><\/span><\/span>\r\nJudges of the Supreme and District Courts, shall be liable to impeach- <\/span><\/span><\/span>\r\nment for any misdemeanor in office ; but judgment in such cases shall <\/span><\/span><\/span>\r\nextend only to removal from office, and disqualification to hold any <\/span><\/span><\/span>\r\noffice of honor, trust, or profit, under this State ; but the party con- <\/span><\/span><\/span>\r\nvicted or acquitted, shall nevertheless be liable to indictment, trial and <\/span><\/span><\/span>\r\npunishment, according to law. All other civil officers shall be tried for <\/span><\/span><\/span>\r\nmisdemeanors in office in such manner as the Legislature may provide. <\/span><\/span><\/span>\r\n\r\n\u00a7 30. No money shall be drawn from the Treasury, except in pur- <\/span><\/span><\/span>\r\nsuance of a specific appropriation made by law ; and no appropriation <\/span><\/span><\/span>\r\nshall be made for a longer period than two years. <\/span><\/span><\/span>\r\n\r\n\u00a7 31. The Legislature may declare the cases in which any office <\/span><\/span><\/span>\r\nshall be deemed vacant, and also the manner of filling the vacancy <\/span><\/span><\/span>\r\nwhere no provision is made for that purpose in this Constitution. <\/span><\/span><\/span>\r\n\r\n\u00a7 32. The Legislature shall not authorize the borrowing of money <\/span><\/span><\/span>\r\nor the issuance of State bonds for any sum exceeding in the aggregate <\/span><\/span><\/span>\r\nfifty thousand dollars, without submitting a proposition therefor to a <\/span><\/span><\/span>\r\nvote of the people for their approval or rejection, except in case of war <\/span><\/span><\/span>\r\nto repel invasion or suppress insurrection. <\/span><\/span><\/span>\r\n\r\n\r\n\r\nEXECUTIVE. <\/span><\/span><\/span>\r\n\r\n\u00a7 1. ThcExecutive Department shall consist of a Grovernor, Secretary <\/span><\/span><\/span>\r\nof State, Auditor and Treasurer, who shall be choseu by the electors <\/span><\/span><\/span>\r\nof the State on the second Tuesday of October, and at the places of <\/span><\/span><\/span>\r\nvoting for members of the Legislature. <\/span><\/span><\/span>\r\n\r\n\u00a7 2. The' Governor, Secretary of State, and Treasurer shall hold <\/span><\/span><\/span>\r\ntheir offices for two years ; and the Auditor for four years. Then- <\/span><\/span><\/span>\r\nterms of office shall commence on the second Monday of January next <\/span><\/span><\/span>\r\nafter their election, and continue until then' successors are elected and <\/span><\/span><\/span>\r\nqualified. <\/span><\/span><\/span>\r\n\r\n\u00a7 3. The returns of every election, for the officers named in the <\/span><\/span><\/span>\r\nforegoing section, shall be sealed up and transmitted to the seat of <\/span><\/span><\/span>\r\ngovernment, by the returning officers, directed to the President of the <\/span><\/span><\/span>\r\nSenate, who, during the first week of the session, shall open and pub- <\/span><\/span><\/span>\r\nlish them, and declare the result, in the presence of a majority of the <\/span><\/span><\/span>\r\nmembers of each house of the Legislature. <\/span><\/span><\/span>\r\n\r\n\r\n\r\nOF NEBRASKA. 9 <\/span><\/span><\/span>\r\n\r\nThe person having the highest number of votes shall be declared duly <\/span><\/span><\/span>\r\nelected ; but if any two or more shall be highest and equal in votes <\/span><\/span><\/span>\r\nfor the same office, cue of them shall be chosen by the joint, vote of <\/span><\/span><\/span>\r\nboth house?. <\/span><\/span><\/span>\r\n\r\n| 4. No person except a citizen of the United States and a qualified <\/span><\/span><\/span>\r\nelector of the Slate. Shall be eligible to any office provided for by this <\/span><\/span><\/span>\r\nConstitution. <\/span><\/span><\/span>\r\n\r\n\u00a7 5. Should there be no se'ssiori of the Legislature in January next <\/span><\/span><\/span>\r\nafter an election for any of the officers aforesaid, the returns of such <\/span><\/span><\/span>\r\nelection shall be made to the Secretary of State, and opened, arid the <\/span><\/span><\/span>\r\nresult declared by the Governor, in such manner as may be provided <\/span><\/span><\/span>\r\nby law. <\/span><\/span><\/span>\r\n\r\n\"\u00a7 6. The supreme executive power of this State, shall be vested in <\/span><\/span><\/span>\r\nthe Governor. <\/span><\/span><\/span>\r\n\r\n\u00a7 7. He may require information, in writing, from the officers in the <\/span><\/span><\/span>\r\n\r\nexecutive department, upon any subject relating to the duties of their <\/span><\/span><\/span>\r\nrespective offices ; and shall see that the laws are faithfully executed. <\/span><\/span><\/span>\r\n\r\n\u00a7 8. He shall communicate at every session, by message to the <\/span><\/span><\/span>\r\nLegislature, the condition of the State, and recommend such measures <\/span><\/span><\/span>\r\nas he shall deem expedient. <\/span><\/span><\/span>\r\n\r\n\u00a7 9. He may, on extraordinary occasions, convene the Legislature <\/span><\/span><\/span>\r\nby proclamation, and shall state to both houses, when assembled, the <\/span><\/span><\/span>\r\npurpose for which they have been convened. <\/span><\/span><\/span>\r\n\r\n\u00a7 10. In case of disagreement between the two houses in respect to <\/span><\/span><\/span>\r\nthe time of adjournment, he shall have power to adjourn the Legisla- <\/span><\/span><\/span>\r\nture to such time as he may think proper, but not beyond the regular <\/span><\/span><\/span>\r\nmeetings thereof. <\/span><\/span><\/span>\r\n\r\n\u00a7 11. He shall be commander-in-chief of the military and naval <\/span><\/span><\/span>\r\nforces of the State, except when they shall be called into the service of <\/span><\/span><\/span>\r\nthe United States. <\/span><\/span><\/span>\r\n\r\n\u00a7 12. He shall have power, after conviction, to grant reprieves, com- <\/span><\/span><\/span>\r\nmutations and pardons, for all crimes and offences, except treason and <\/span><\/span><\/span>\r\ncases of impeachment, upon such conditions as he may think proper ; <\/span><\/span><\/span>\r\nsubject, however, to such regulations as to the manner of applying for <\/span><\/span><\/span>\r\npardon as may be prescribed by law. <\/span><\/span><\/span>\r\n\r\nUpon conviction for treason, he may suspend the execution of the <\/span><\/span><\/span>\r\nsentence, and report the case to the Legislature, at its next meeting, <\/span><\/span><\/span>\r\nwhen the Legislature shall either pardon, commute the sentence, direct <\/span><\/span><\/span>\r\nits execution, or grant a further reprive. <\/span><\/span><\/span>\r\n\r\nHe shall communicate to the Legislature at every regular session, <\/span><\/span><\/span>\r\neach case of reprieve, commutation, or pardon granted ; stating the <\/span><\/span><\/span>\r\nname and crime of the convict, the sentence, its date, and the date of <\/span><\/span><\/span>\r\nthe commutation, pardon, or reprieve, with his reasons therefor. <\/span><\/span><\/span>\r\n\r\n\u00a7 13. There shall be a seal of the State, which shall be kept by the <\/span><\/span><\/span>\r\nGovernor, and used by him officially ; and shall be called \" The Great <\/span><\/span><\/span>\r\nSeal of the State of Nebraska.\" <\/span><\/span><\/span>\r\n\r\n\u00a7 14. All grants and commissions shall be issued in the name, and <\/span><\/span><\/span>\r\nby the authority of the State of Nebraska, sealed with the Great Seal, <\/span><\/span><\/span>\r\nsigned by the Governor, and countersigned by the Secretary of State. <\/span><\/span><\/span>\r\n\r\n\r\n\r\n10 THE CONST; TUTION <\/span><\/span><\/span>\r\n\r\n\u00a7 15. No member of Congress, or other person holding office under <\/span><\/span><\/span>\r\nthe authority of this State, or of the United States, shall execute the <\/span><\/span><\/span>\r\noffice of Governor, except as herein provided. <\/span><\/span><\/span>\r\n\r\n\u00a7 10. In case of the impeachment of the Governor, his removal <\/span><\/span><\/span>\r\nfrom office, death, resignation, or absence from the State, the powers <\/span><\/span><\/span>\r\nand duties of the office shall devolve upon the Secretary of State, until <\/span><\/span><\/span>\r\nsuch disability shall cease, or the vacancy be tilled. <\/span><\/span><\/span>\r\n\r\n\u00a7 17. If, <Iuring- the vacancy of the office of Governor, the Secre- <\/span><\/span><\/span>\r\ntary of State shall be impeached, displaced, resign, die, or be absent <\/span><\/span><\/span>\r\nfrom the State, the powers and duties of the office of Governor shall <\/span><\/span><\/span>\r\ndevolve upon the President of the Senate ; and should a vacancy occur <\/span><\/span><\/span>\r\nby impeachment, death, resignation, or absence from the State of the <\/span><\/span><\/span>\r\nPresident of the Senate, the Speaker of the House of Representatives <\/span><\/span><\/span>\r\nshall act as Governor till the vacancy be filled. <\/span><\/span><\/span>\r\n\r\n\u00a7 18. The Governor shall receive (lining his continuance in office <\/span><\/span><\/span>\r\nan annual compensation of one thousand dollars; the Secretary of <\/span><\/span><\/span>\r\nStale, six hundred dollars ; the State Treasurer, four hundred dollars ; <\/span><\/span><\/span>\r\nand the State Auditor, eight hundred dollars. <\/span><\/span><\/span>\r\n\r\n\u00a7 19. Every bill which shall have passed the Legislature, shall be- <\/span><\/span><\/span>\r\nfore it becomes a law, be presented to the Governor. If he approve, <\/span><\/span><\/span>\r\nhe shall sign it; but if not, he shall return it, with his objections, to <\/span><\/span><\/span>\r\nthat house in which it shall have originated, who shall enter the ob- <\/span><\/span><\/span>\r\njections at large upon the journal, and proceed to reconsider it. If, <\/span><\/span><\/span>\r\nafter such reconsideration, two-thirds of the members present shall <\/span><\/span><\/span>\r\nagree to pass the bill, it shall be sent, together with the objections, to <\/span><\/span><\/span>\r\nthe other house, by which it shall likewise be reconsidered, and if ap- <\/span><\/span><\/span>\r\nproved by two-thirds of the members present, it shall become a law. <\/span><\/span><\/span>\r\nBut in all such cases, the votes of both houses, shall be determined by <\/span><\/span><\/span>\r\nyeas and nays, and the names of the members voting for or against the <\/span><\/span><\/span>\r\nbill shall be entered on the journal of each house respectively. If any <\/span><\/span><\/span>\r\nbill shall not be returned by the Governor within three days (Sundays, <\/span><\/span><\/span>\r\nexcepted,) after it shall have been presented to him, the same shall be a <\/span><\/span><\/span>\r\nlaw, unless the Legislature shall by their adjournment prevent its re- <\/span><\/span><\/span>\r\nturn, in which case it shall not be a law. <\/span><\/span><\/span>\r\n\r\n\u00a7 20. The Secretary, Auditor, and Treasurer of State, shall severally <\/span><\/span><\/span>\r\nperform such duties, as shall be prescribed by law. <\/span><\/span><\/span>\r\n\r\n\r\n\r\nJUDICIARY. <\/span><\/span><\/span>\r\n\r\n\u00a7 1. The judicial power of the State shall be vested in a Supreme <\/span><\/span><\/span>\r\nCourt, District Courts, Probate Courts, Justices of the Peace, and such <\/span><\/span><\/span>\r\ninferior courts as the Legislature may from time to time establish. <\/span><\/span><\/span>\r\n\r\nThe Supreme Court shall consist of a Chief Justice and two Associate <\/span><\/span><\/span>\r\nJustices, any two of whom shall aonstttute a qu nuin, and shall hold a <\/span><\/span><\/span>\r\nterm of the Supreme Court at the seat of government of the State <\/span><\/span><\/span>\r\nannually. Said Supreme Judges shall be elected by the qualified elec- <\/span><\/span><\/span>\r\n\r\n\r\n\r\nOP NEBRASKA. 11 <\/span><\/span><\/span>\r\n\r\ntors of the State, at, such time, and in such manner as may be provided <\/span><\/span><\/span>\r\nbylaw. Said Justices of the Supreme Court shall hold their office for <\/span><\/span><\/span>\r\nthe term of six years from the time of their election and until their suc- <\/span><\/span><\/span>\r\ncessors shall have been elected and qualified. <\/span><\/span><\/span>\r\n\r\n\u00a7 2. The State shall be divided into three judicial districts, and the <\/span><\/span><\/span>\r\nDistrict Courts shall be held at such times and places as may be pro- <\/span><\/span><\/span>\r\nvided by law, and the Legislature shall by law assign the Justices to <\/span><\/span><\/span>\r\nhold District Courts in the several districts : Provided, that until the <\/span><\/span><\/span>\r\nLegislature shall have provided by law, the Governor shall have author- <\/span><\/span><\/span>\r\nity to make such assignment. <\/span><\/span><\/span>\r\n\r\n\u00a7 3. The Supreme Court shall have appellate jurisdiction only <\/span><\/span><\/span>\r\nexcept in cases relating to revenue, mandamus, quo warranto, habeas <\/span><\/span><\/span>\r\ncorpus, and such cases of impeachment as may be required to be tried <\/span><\/span><\/span>\r\nbefore it ; aud both the Supreme and District Courts shall have both <\/span><\/span><\/span>\r\nchancery and common law jurisdiction. <\/span><\/span><\/span>\r\n\r\n| 4. The jurisdiction of the several courts herein provided for, botk <\/span><\/span><\/span>\r\nappellate and original shall be as fixed by law, Provided, that Probate <\/span><\/span><\/span>\r\nCourts, Justices of the Peace or any inferior court that may be estab- <\/span><\/span><\/span>\r\nlished by the Legislature shall not have jurisdiction in any matter <\/span><\/span><\/span>\r\nwherein the title or boundaries of land may be in dispute. Nor shall <\/span><\/span><\/span>\r\neither of the courts mentioned in this proviso have power to order or <\/span><\/span><\/span>\r\ndecree the sale or partition of real estate : and Provided, further, that <\/span><\/span><\/span>\r\nJustices of the Peace, and such inferior courts as may be established <\/span><\/span><\/span>\r\nby the Legislature, shall not have jurisdiction when the debt, or sum <\/span><\/span><\/span>\r\nclaimed shall exceed one hundred dollars, and the jurisdiction of the <\/span><\/span><\/span>\r\nDistrict and Probate courts, and Justices of the Peace shall be uniform <\/span><\/span><\/span>\r\nthroughout the State. <\/span><\/span><\/span>\r\n\r\n\u00a7 5. Probate Judges^ Justices of the Peace, and persons holding <\/span><\/span><\/span>\r\ninferior courts, herein authorized to be established by the Legislature, <\/span><\/span><\/span>\r\nshall be elected by the electors of the several districts for which they <\/span><\/span><\/span>\r\nmay be elected in the manner and time fixed by law. <\/span><\/span><\/span>\r\n\r\n\u00a7 6. The salary of the Justices of the Supreme Court shall be two <\/span><\/span><\/span>\r\nthousand dollars each per annum and no more ; and all other judicial <\/span><\/span><\/span>\r\nofficers shall be paid for their services in fees to be prescribed by law. <\/span><\/span><\/span>\r\n\r\n\u00a7 V. The Legislature shall by law provide that on the entry or com- <\/span><\/span><\/span>\r\nmencement of any suit in the District Court, the party so commencing <\/span><\/span><\/span>\r\nor entering such suit, shall, before the same is so commenced or entered, <\/span><\/span><\/span>\r\npay to the clerk of said District Court the sum of five dollars ; and in <\/span><\/span><\/span>\r\nlike manner on the entry or commencement of any suit in the Supreme <\/span><\/span><\/span>\r\nCourt, shall pay the sum of ten dollars to the clerk thereof, which money <\/span><\/span><\/span>\r\nso paid, shall be for the use of the State, and shall be paid by said clerks <\/span><\/span><\/span>\r\nto the proper offices designated by law, as by law may be required; which <\/span><\/span><\/span>\r\nmoney so received shall be held and esteemed as a judiciary fund, and <\/span><\/span><\/span>\r\nto be applied in payment of the salaries of the Justices of the Supreme <\/span><\/span><\/span>\r\nCourt. Which amounts so paid shall be taxed as costs against the <\/span><\/span><\/span>\r\nunsuccessful party, and collected as other costs : Provided, the Legisla- <\/span><\/span><\/span>\r\nture may provide by law for dispensing with the payment of said sums <\/span><\/span><\/span>\r\nof money in cases where the party so commencing or entering suit shall <\/span><\/span><\/span>\r\nbe really unable to pay the same, aud the amount shall in all cases be <\/span><\/span><\/span>\r\ntaxed and collected as other costs : Provided, also, that the Legislature <\/span><\/span><\/span>\r\n\r\n\r\n\r\n12 THE CONSTITUTION <\/span><\/span><\/span>\r\n\r\nshall have power whenever the amount so redeived shall exceed the <\/span><\/span><\/span>\r\n\r\nsalaries of the Jm'lges of the Supreme Court, to reduce the amount to <\/span><\/span><\/span>\r\nbe paid so that the gross amount] will not exceed such salaries. <\/span><\/span><\/span>\r\n\r\n\u00a7 8. The Legislature may, after the year one thousand eight hundred <\/span><\/span><\/span>\r\nand seventy -live, increase the number of Justices of the Supreme Court, <\/span><\/span><\/span>\r\nand the judicial districts of the State. <\/span><\/span><\/span>\r\n\r\n\u00a7 0. In all cases heard before the Supreme Court, as an appellate <\/span><\/span><\/span>\r\ncourt, the Justice who may have trie;! such cause in the court below <\/span><\/span><\/span>\r\nshall not participate in the decision thereof until the other two Justices, <\/span><\/span><\/span>\r\nif present, shall have failed to agree in the decision of such cause, <\/span><\/span><\/span>\r\n\r\n\u00a7 10. All process, writs, and other proceedings shall run in the name <\/span><\/span><\/span>\r\nof\" The people, of the Sltate of Nebraska.\" <\/span><\/span><\/span>\r\n\r\n\r\n\r\nFINANCE. <\/span><\/span><\/span>\r\n\r\n\u00a7 1. No money shall be paid out of the treasury, except in pursu- <\/span><\/span><\/span>\r\nance of an appropriation by law. <\/span><\/span><\/span>\r\n\r\n\u00a7 2. The credit of the State shall never be given or bound in aid of <\/span><\/span><\/span>\r\nany individual, association, or corporation. <\/span><\/span><\/span>\r\n\r\n\u00a7 ii. The Legislature shall provide for an annual tax sufficient to <\/span><\/span><\/span>\r\ndefray the estimated expenses of the State for each year , and when- <\/span><\/span><\/span>\r\never the expenses of any year shall exceed the income, the Legislature <\/span><\/span><\/span>\r\nshall provide for levying a tax for the ensuing year, sufficient, with <\/span><\/span><\/span>\r\nother sources of income, to pay the deficiency, as well as the estimated <\/span><\/span><\/span>\r\nexpenses of such ensuing year. <\/span><\/span><\/span>\r\n\r\n\u00a7 4. For the purpose of defraying extraordinary expenditures, the <\/span><\/span><\/span>\r\nState may contract public debts; but such debts shall never in the <\/span><\/span><\/span>\r\naggregate exceed fifty thousand dollars. Every such debt shall be <\/span><\/span><\/span>\r\nauthorized by law, for some purpose or purposes to be distinctly speci- <\/span><\/span><\/span>\r\nfied therein ; and the vote of a majority of all the members elected to <\/span><\/span><\/span>\r\neach House, to be taken by yeas and nays, shall be necessary to the <\/span><\/span><\/span>\r\npassage of such laws ; ami every such law shall provide i'or levying an <\/span><\/span><\/span>\r\nannual tax sufficient to pay the annual interest of such debt, and the <\/span><\/span><\/span>\r\nprincipal within ten years from the passage of such law ; and shall <\/span><\/span><\/span>\r\nspecially appropriate the proceeds of such taxes to the payment of such <\/span><\/span><\/span>\r\nprincipal and interest ; and such appropriation shall not be repealed, <\/span><\/span><\/span>\r\nnor the taxes be postponed or diminished until the principal and inter- <\/span><\/span><\/span>\r\nest of such debt shall have been wholly paid. <\/span><\/span><\/span>\r\n\r\n\u00a7 5. The Legislature may also borrow money to repel invasion, <\/span><\/span><\/span>\r\nsuppress insurrection, or defend the State in time of war ; but the <\/span><\/span><\/span>\r\nmoney thus raised shall be applied exclusively to the object for which <\/span><\/span><\/span>\r\nthe loan was authorized, or to the re-payment of the debt thereby <\/span><\/span><\/span>\r\ncreated. <\/span><\/span><\/span>\r\n\r\n\u00a7 6. The State shall never contract any debt for works of internal <\/span><\/span><\/span>\r\nimprovement, or be a party in carrying on such works ; but whenever <\/span><\/span><\/span>\r\ngrants of land or other property shall have been made to the State, <\/span><\/span><\/span>\r\nespecially dedicated by the grant to particular works of internal ini- <\/span><\/span><\/span>\r\n\r\n\r\n\r\nOF NEBRASKA. 13 <\/span><\/span><\/span>\r\n\r\nprovement, the State may carry on such particular works, and shall <\/span><\/span><\/span>\r\ndevote thereto the^avails of such grants, and- may pledge or appropriate <\/span><\/span><\/span>\r\nthe revenues derived from such works in aid of their completion. <\/span><\/span><\/span>\r\n\r\n\r\n\r\nEMINENT DOMAIN. <\/span><\/span><\/span>\r\n\r\n\u00a3 1. The State shall hav,e concurrent jurisdiction on all rivers bor- <\/span><\/span><\/span>\r\ndering on this State, so far as such rivers shall form a common boun- <\/span><\/span><\/span>\r\ndary to the State, and any other Stale or Territory uow or hereafter to <\/span><\/span><\/span>\r\nbe formed and bounded by the same, ^.nd the river Missouri, and the <\/span><\/span><\/span>\r\nnavigable waters leading into the Missouri, and the carrying places <\/span><\/span><\/span>\r\nbetween the same, shall be common highways, and forever free, as well <\/span><\/span><\/span>\r\nto the inhabitants of the State as to the citizens of the United States, <\/span><\/span><\/span>\r\nwithout any tax, impost, or duty therefor! <\/span><\/span><\/span>\r\n\r\n\u00a7 2. The title to all lands and jother property, which, have accrued <\/span><\/span><\/span>\r\nto the Territory of Nebraska, by grant, gift, purchase, forfeiture, <\/span><\/span><\/span>\r\nescheat or otherwise, shall vest in the State of Nebraska. <\/span><\/span><\/span>\r\n\r\n\u00a7 3. The people of the State, in their right of sovereignty, are de- <\/span><\/span><\/span>\r\nclared to possess the ultimate property in and to all lauds within the <\/span><\/span><\/span>\r\njurisdiction of the State; and all lands the title bo which shall fail from <\/span><\/span><\/span>\r\na defect of heirs, shall revert, or escheat to the people\/. <\/span><\/span><\/span>\r\n\r\n\r\n\r\nEDUCATION. <\/span><\/span><\/span>\r\n\r\n\u00a7 1. The principal of all funds arising from\" the sale, or other dispo- <\/span><\/span><\/span>\r\nsition of lands or other property, graate I or e^. listed to this State for <\/span><\/span><\/span>\r\neducational and religious purposes, shall i^ivver be preserved inviolate <\/span><\/span><\/span>\r\nand undiminished ; and the income arising therefrom shall be faithfully <\/span><\/span><\/span>\r\napplied to the specific objects of the original grants or appropriations. <\/span><\/span><\/span>\r\nThe Legislature shall make such provisions by taxation or otherwise, as, <\/span><\/span><\/span>\r\nwith the income arising from the school trust fund, will secure a thor- <\/span><\/span><\/span>\r\nough and efficient system of common schools throughout the State; but <\/span><\/span><\/span>\r\nno religious sect or sects, shall ever have any exclusive right to, or con- <\/span><\/span><\/span>\r\ntrol of any part of the school funds of this State. <\/span><\/span><\/span>\r\n\r\n\u00a7 2. The university lands, school lands, and all other lands which <\/span><\/span><\/span>\r\nhave heeu acquired by the Territory of Nebraska, or which may here- <\/span><\/span><\/span>\r\nafter be acquired by the State of Nebraska for educational or school <\/span><\/span><\/span>\r\npurposes, shall not be aliened or sold for a less sum than five dollars per <\/span><\/span><\/span>\r\nacre. <\/span><\/span><\/span>\r\n\r\n\r\n\r\nCORPORATIONS. <\/span><\/span><\/span>\r\n\r\n\u00a7 1. The Legislature shall pass no special act conferring corporate <\/span><\/span><\/span>\r\npowers. <\/span><\/span><\/span>\r\n\r\n\u00a7 2. Corporations may be formed wader general laws. <\/span><\/span><\/span>\r\n\r\n\u00a7 3. The property of corporations, now existing or hereafter created, <\/span><\/span><\/span>\r\n*hall forever be subject to taxation, the same as the property of indi- <\/span><\/span><\/span>\r\nviduals. <\/span><\/span><\/span>\r\n\r\n\r\n\r\n14 THE CONSTITUTION <\/span><\/span><\/span>\r\n\r\n\u00a7 4- The legislature shall provide for the organization of cities and <\/span><\/span><\/span>\r\nincorporated villages by general Laws; and rescue. t their power of <\/span><\/span><\/span>\r\ntaxation, assessment, borrowing money, contracting debts and loaning <\/span><\/span><\/span>\r\ntheir credits, so as to prevent the abuse of such power. <\/span><\/span><\/span>\r\n\r\n\r\n\r\nAMENDMENTS. <\/span><\/span><\/span>\r\n\r\n\u00a7 1. If at any time a majority of the Senate an<b House of Repre- <\/span><\/span><\/span>\r\nsentatives shall deem it necessary to call a convention to Revise or <\/span><\/span><\/span>\r\nchange this Constitution, they shall recommend to thoVlectors to vote <\/span><\/span><\/span>\r\nfor or against a convention at the next election for members of the <\/span><\/span><\/span>\r\nLegislature ; and if it shall appear that a majority of the electors voting <\/span><\/span><\/span>\r\nthereon have voted for a convention, the Legislature shall at its next <\/span><\/span><\/span>\r\nsession provide for calling such convention. <\/span><\/span><\/span>\r\n\r\n\r\n\r\nHO UNO ABIES. <\/span><\/span><\/span>\r\n\r\n\u00a7 1. The State of Nebraska shall consist of all the territory included <\/span><\/span><\/span>\r\nwithin the following boundaries, to-wit: Commencing at n point form- <\/span><\/span><\/span>\r\ned by the intersection of the western boundary of the Male of Missouri, <\/span><\/span><\/span>\r\nwith the fortieth degree of north latitude; extending thence due west <\/span><\/span><\/span>\r\nalong said fortieth degree of north latitude, to a point formed by its <\/span><\/span><\/span>\r\nintersection with the twenty-fifth degree of longitude west from Wash- <\/span><\/span><\/span>\r\nington ; thence north along said twenty-fifth degree of longitude, to a <\/span><\/span><\/span>\r\nf joint formed by its intersection with the forty-first degree of north <\/span><\/span><\/span>\r\natitude; thence west along said forty-first degree of north latitude to <\/span><\/span><\/span>\r\na point formed by its intersection with the twenty-seventh degree of <\/span><\/span><\/span>\r\nlongitude west from Washington; thence north along said twenty- <\/span><\/span><\/span>\r\nseventh degree of west longitude, to a point formed by its intersection <\/span><\/span><\/span>\r\nwith the forty-third degree of north latitude; thence : t along said <\/span><\/span><\/span>\r\nforty-third degree of north latitude, to the Keya I'ajui ,riv< r : thene< <\/span><\/span><\/span>\r\ndown the middle of the channel of said river, with its meauderings, to <\/span><\/span><\/span>\r\nits junction with the Niobrara River ; thence down the middle of the <\/span><\/span><\/span>\r\nchannel of said Niobrara River, and following the meauderings thereof <\/span><\/span><\/span>\r\nto its junction with the Missouri River; thence down tho middle of the <\/span><\/span><\/span>\r\nchannel of said Missouri River, and following the meauderings thereof <\/span><\/span><\/span>\r\nto the place of beginning. <\/span><\/span><\/span>\r\n\r\n\r\n\r\nSCHEDULE. <\/span><\/span><\/span>\r\n\r\n\u00a7 1. That no inconvenience may arise from the change of territorial <\/span><\/span><\/span>\r\ngovernment to a State government, it is declared that all rights, suits, <\/span><\/span><\/span>\r\nactions, prosecutions, judgments, recognizances, claims and contracts, <\/span><\/span><\/span>\r\nboth as respects persons and bodies corporate, shall continue andH* <\/span><\/span><\/span>\r\nenforced as if no change had taken place, and all laws now in f\u00abjne <\/span><\/span><\/span>\r\nshall remain in force until altered, amended, or appealed by the L< <\/span><\/span><\/span>\r\nlature ; Provided, wherever the word Territory shall occur, it shall he <\/span><\/span><\/span>\r\nconstrued to mean State, whenever it may be necessary, in order that <\/span><\/span><\/span>\r\nsuch, laws may conform to the State government. <\/span><\/span><\/span>\r\n\r\n\r\n\r\nOF NEBRASKA. 15 <\/span><\/span><\/span>\r\n\r\n\u00a7 2. All debts, fines, penalties, recognizances, and forfeitures, due <\/span><\/span><\/span>\r\nand owing to the Territory of Nebraska, shall inure to the benefit of the <\/span><\/span><\/span>\r\nState, and all obligations and bonds to the Territory of Nebraska or <\/span><\/span><\/span>\r\nany office thereof, shall be esteemed and taken as due and owing to <\/span><\/span><\/span>\r\nthe State of Nebraska, and may be in such manner enforced. <\/span><\/span><\/span>\r\n\r\n\u00a7 3. The Governor and all other officers of the Territorial govern- <\/span><\/span><\/span>\r\nment, shall continue to discharge and exercise the duties of their <\/span><\/span><\/span>\r\nrespective offices, until superseded by the provisions of this Constitu- <\/span><\/span><\/span>\r\ntion or the officers appointed or elected by authority of its provisions. * <\/span><\/span><\/span>\r\n\r\n\u00a7 4. The first election for Governor, Secretary of State, Auditor of J6^ fa ^~ <\/span><\/span><\/span>\r\nState, one Representative to Congress, the Justices to the Supreme - <-*. <\/span><\/span><\/span>\r\nCourt, the members of the Senate and House of Representatives, shall -***\"\" * ~ <\/span><\/span><\/span>\r\nbe held on the second day of June, one thousand eight hundred and <\/span><\/span><\/span>\r\nsixty-six, at the places, and in the manner now prescribed by law for <\/span><\/span><\/span>\r\ngeneral elections. The members of the Senate shall be elected in and <\/span><\/span><\/span>\r\nfrom the same districts that are now prescribed by law for councilmen <\/span><\/span><\/span>\r\ndistricts. The members of the House of Representatives shall be <\/span><\/span><\/span>\r\nelected in and from the same districts that are now prescribed by law, <\/span><\/span><\/span>\r\nfor members to the House of Representatives of the Territory of Ne- <\/span><\/span><\/span>\r\nbraska, and all the officers mentioned, to-wit : Senators and Represen- <\/span><\/span><\/span>\r\ntatives shall hold their offices until the first Monday in January, A. D. <\/span><\/span><\/span>\r\n1867 ; Governor, Secretary of State, State Auditor and Treasurer, until <\/span><\/span><\/span>\r\nthe second Monday in January, A. D. 1869, and until their successors <\/span><\/span><\/span>\r\nare elected and qualified ; the Supreme Judges until the first day of <\/span><\/span><\/span>\r\nJanuary, A D. 1873. <\/span><\/span><\/span>\r\n\r\n\u00a7 5. The first session of the Legislature shall be held at the capitol <\/span><\/span><\/span>\r\nin the citv of Omaha, commencing on the fourth day of July, A. I). <\/span><\/span><\/span>\r\n1866. <\/span><\/span><\/span>\r\n\r\n\u00a7 6. This Constitution is formed, ami trie State of Nebraska asks to <\/span><\/span><\/span>\r\nbe admitted into the Union on an equal footing with the original States <\/span><\/span><\/span>\r\non the cond'Hon and faith of the terms and propositions stated and <\/span><\/span><\/span>\r\nspecified ii: \u201en act of congress approved April nineteenth, 1864, <\/span><\/span><\/span>\r\nauthorising the people of the Territory to form a Constitution a nictate <\/span><\/span><\/span>\r\nGovernment\"; the people of the State of Nebraska hereby accepting ' <\/span><\/span><\/span>\r\nthe conditions in said act specified.* 'sW <\/span><\/span><\/span>\r\n\r\n\u00a7 7. The foregoing Constitution shall be submitted to the %leerorK <\/span><\/span><\/span>\r\nof the Territory of Nebraska at an election to be held on the second <\/span><\/span><\/span>\r\nday of June in the year one thousand eight hundred and sixty-six, in <\/span><\/span><\/span>\r\nthe several election districts of this Territory. The ballots at such <\/span><\/span><\/span>\r\nelections shall be written or printed as follows : <\/span><\/span><\/span>\r\n\r\nThose in favor of the Constitution, '\u00bb For the Constitution. ,\" <\/span><\/span><\/span>\r\n\r\nThose against the Constitution, \"Against Hie Constitution.'''' <\/span><\/span><\/span>\r\n\r\nThe polls at said elections shall be opened at the hour of nine o'clock <\/span><\/span><\/span>\r\nA. M., and closed at six o'clock P. M., and the returns of said elections <\/span><\/span><\/span>\r\nshall be made to the acting Governor of the Territory, who, together <\/span><\/span><\/span>\r\n\r\niththe United States District Attorney and Chief Justice of the Ter- <\/span><\/span><\/span>\r\n\u2022 ft ory, or any two of them, shall canvass the same, and if a majority of <\/span><\/span><\/span>\r\nthe legal votes shall be cast for said Constitution, the same shall be <\/span><\/span><\/span>\r\nthe Constitution of Nebraska. <\/span><\/span><\/span>\r\n\r\n*See Appendix. <\/span><\/span><\/span>\r\n\r\n\r\n\r\n16 THE CONSTITUTION <\/span><\/span><\/span>\r\n\r\nSaid Governor shall certify the s; i :\u2022\u25a0 t< th< President of the United <\/span><\/span><\/span>\r\nStates; Provided, that the -said e!< all be conducted and the <\/span><\/span><\/span>\r\n\r\nreturns made in the same manner ajocl nuder the .-ame regulations as <\/span><\/span><\/span>\r\nare prescribed by law, in the ease of the election of Territorial \"Hirers. <\/span><\/span><\/span>\r\n\r\nThe election returns for the Goverjior, Secretary of Slate, Auditor, <\/span><\/span><\/span>\r\nTreasurer and Supreme .fudges, shall be made to the same offices, and <\/span><\/span><\/span>\r\nthe canvass of such returns made m the same manner :t> is now, pre- <\/span><\/span><\/span>\r\nscribed by law for Delegate in Con^res <\/span><\/span><\/span>\r\n\r\n\r\n\r\nResolved by the Conned and Iloux , ' >s< \u25a0.\u2022\/<( i in. < of (hi Territory of <\/span><\/span><\/span>\r\nNebraska, That the foregoing Constitution be^ubmitted to t^e qualified <\/span><\/span><\/span>\r\nelectors of the Territory, for their ;:< ! \u00bbip.tiort or rejection, at an election, <\/span><\/span><\/span>\r\nhereby authorized to beheld at the til in die manner specific d in <\/span><\/span><\/span>\r\n\r\nthe seventh (7th) section of the Schedule F id Constitution, and that <\/span><\/span><\/span>\r\nthe returns and canvass of the vote- | election bemade* as jin <\/span><\/span><\/span>\r\n\r\nsaid section prescribed. <\/span><\/span><\/span>\r\n\r\nJAMES G. '\u2022 <\/span><\/span><\/span>\r\n\r\nSpeaker of the House of Representatives. <\/span><\/span><\/span>\r\n\r\nO. P. MASON, ' <\/span><\/span><\/span>\r\n\r\nPresident of the Council. <\/span><\/span><\/span>\r\nApproved, February 9tli, 1866. ALV1N SATT'NDERS^ <\/span><\/span><\/span>\r\n\r\na.fpeisidi^:. <\/span><\/span><\/span>\r\n\r\nThe following sections of the Enabling & \\ p > Congress, approved April <\/span><\/span><\/span>\r\n\r\n19th, 1864, and referred to in the foregoing scheduli . ntain the donations o.iVredto <\/span><\/span><\/span>\r\nthe State of Nebraska : <\/span><\/span><\/span>\r\n\r\nSec. 8. And be it further enacted, That, provided the State of Nebraska shall be <\/span><\/span><\/span>\r\nadmitted into the union in accordance with the fie i 'gojiiig provisions of this act, that, <\/span><\/span><\/span>\r\ntwenty entire sections of the unappropriated public lands widiiu .-aid State be <\/span><\/span><\/span>\r\nselected and located by direction of the legislature (hereof, on or before the flrsl day <\/span><\/span><\/span>\r\nof January, anno Domini eighteen^lindfed t.nd sixty-eight, shall bo and they' aire <\/span><\/span><\/span>\r\nhereby granted, in legal subdivisions of not lesa than one hundred and sixty acres-, to <\/span><\/span><\/span>\r\nsaid State for the purpose of erecting public buildings ::t the eapi \u25a0''\u25a0 State for <\/span><\/span><\/span>\r\n\r\nlegislative and judicial purpose.-, in such manner ;;.- tl | rescribe. <\/span><\/span><\/span>\r\n\r\nSec. 9. And be it further enacted, That iil'ty odie-r \u25a0. land, as afore- <\/span><\/span><\/span>\r\n\r\nsauL to bo selected and located as aforesaid, in leg..', Mibdivisiorif as aforesaid, shall <\/span><\/span><\/span>\r\nb^Pmd they are hereby, granted to said State for the purpose of erecting a suitable <\/span><\/span><\/span>\r\nbuildjrflg for a penitentiary or State prison in the manner aforesaid. <\/span><\/span><\/span>\r\n\r\nSec. 10. And be it further enacted, That seventy-two other sections of land shall be <\/span><\/span><\/span>\r\nset apart and reserved for the use and support of a State university, to be selected in <\/span><\/span><\/span>\r\nmanner as aforesaid, and to be appropriated and applied'as the legislature of said <\/span><\/span><\/span>\r\nState may prescribe for the purpose named, and for no other purpose. <\/span><\/span><\/span>\r\n\r\nSec. 11. And be it further enacted, That all salt springs within said State, not <\/span><\/span><\/span>\r\nexceeding twelve in number, with six seetioris of land adjoining, or as contiguous as <\/span><\/span><\/span>\r\nmay be to each, shall be granted to said Slate for its use, the said land to be selected <\/span><\/span><\/span>\r\nby the Governor thereof, within one year after the admission of the Stato, and when <\/span><\/span><\/span>\r\nso selected to be used or disposed of on such terms, conditions, and regulations as tho <\/span><\/span><\/span>\r\nlegislature shall direct: Provided, That no salt spring or lands, the right whereof is <\/span><\/span><\/span>\r\nnow vested in any individual or individual-, or which hereafter shall be confirmed or <\/span><\/span><\/span>\r\nadjudged to any individual or individuals, shall, by this act, be granted to said State. <\/span><\/span><\/span>\r\n\r\nSec. 12. And be it further enacted, That five per centum of the proceeds of the <\/span><\/span><\/span>\r\nsales of all public lands lying within said State, which have been or shall be sold by <\/span><\/span><\/span>\r\nthe United States prior or subsequent to the admission of said State into the Union, <\/span><\/span><\/span>\r\nafter deducting all expenses incident to tho same, ehall be paid to the said Stato for <\/span><\/span><\/span>\r\ntho support of common schools. <\/span><\/span><\/span><\/pre>\n","protected":false},"excerpt":{"rendered":"
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 … Continue reading →<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":[],"categories":[166],"tags":[],"_links":{"self":[{"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=\/wp\/v2\/posts\/1626"}],"collection":[{"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=1626"}],"version-history":[{"count":1,"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=\/wp\/v2\/posts\/1626\/revisions"}],"predecessor-version":[{"id":1627,"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=\/wp\/v2\/posts\/1626\/revisions\/1627"}],"wp:attachment":[{"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=1626"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=1626"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/www.pauljjhansen.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=1626"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}