Rejected Nebraska Constitution of 1871

by The State of Nebraska

Preamble

We, the people of the State of Nebraska, grateful to Almighty God for the civil, political and religious liberty which He hath so long permitted us to enjoy, and looking to Him for a blessing upon our endeavors to secure and transmit the same unimpaired to succeeding generations, in order to form a more perfect government, establish justice, insure domestic tranquility, provide for the common defense, promote the general welfare, and secure the blessings of liberty to ourselves and our posterity, do ordain and established this constitution for the State of Nebraska.

Article I: Bill of Rights

Section 1

All men are by nature free and independent, and have certain inherent and inalienable rights; among these are life, liberty and the pursuit of happiness. To secure these rights, and the protection of property, governments are instituted among men, deriving their just powers from the consent of the governed.

Section 2

No person shall be deprived of life, liberty or property, without due process of law.

Section 3

The free exercise and enjoyment of religious profession and worship, without discrimination, shall forever be guaranteed; and no person shall be denied any civil or political right, privilege or capacity, on account of his religious opinions; but the liberty of conscience hereby secured shall not be construed to dispense with oaths or affirmations, excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of the state. No person shall be required to attend or support any ministry or place of worship; nor any preference be given by law to any religious denomination or mode of worship.

Section 4

Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, when published with good motives and for justifiable ends, shall be a sufficient defense.

Section 5

The right of trial by jury, as heretofore enjoyed, shall remain inviolate; but the trial of civil cases and misdemeanors before justices of the peace and inferior magistrates, by a jury of less than twelve men, may be authorized by law.

Section 6

The right of the people to be secure in their persons, houses, papers and effects, against unreasonable searches and seizures shall not be violated; and no warrant shall issue without probable cause, supported by affidavit, particularly describing the place to be searched, and the person or things to be seized.

Section 7

All persons shall be bailable by sufficient sureties, except for treason and murder, where the proof is evident or the presumption great: and the privileges of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require it.

Section 8

No person shall be held to answer for a criminal offense, except in cases in which the punishment is by fine, or imprisonment otherwise than in the penitentiary, in cases of impeachment, and in cases arising in the army or navy, or in the militia when in actual service in time of war or public danger, unless on a presentment or indictment of a grand jury, or information of a public prosecutor: and provision shall be made by law for the impaneling of grand juries whenever^{[N 1]} the respective courts or the judges thereof shall order.

Section 9

In all criminal prosecutions the accused shall have the right to appear and defend in person and by counsel; to demand the nature and cause of accusation and to have a copy thereof; to meet the witnesses face to face and to have process to compel the attendance of witnesses in his behalf; and a speedy public trial by an impartial jury of the county or district in which the offence is alleged to have been committed.

Section 10

No person shall be compelled in any criminal case to give evidence against himself, or be twice put in jeopardy for the same offense.

Section 11

All penalties shall be proportioned to the nature of the offense; and no conviction shall work corruption of blood or forfeiture of estate; nor shall any person be transported out of the state for any offense committed within the same; nor shall cruel and unusual punishments be inflicted.

Section 12

No person shall be imprisoned for debt arising out of, or founded on a contract express or implied, except in cases where there is strong presumption of fraud.

Section 13

Private property shall ever be held inviolate, but subservient to the public welfare. When taken, or damaged, in time of war or other public exigency, imperatively requiring its immediate seizure, or for the purpose of making or repairing roads, which shall be open to the public without charge, a compensation shall be made to the owners in money; and in all other cases, a compensation shall be first made in money, or first secured by a deposit of money. Such compensation shall in every case be without deduction for benefits to any property of the owner, and, when not made by the state, shall be assessed by a jury in such manner as shall be prescribed by law. The fee of land taken by railroad tracks, without the consent of the owners thereof, shall remain in such owners, subject to the use for which it was taken.

Section 14

No ex post facto law, or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immunities shall be passed.

Section 15

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

Section 16

No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor, in time of war, except in the manner prescribed by law.

Section 17

The people have the right to assemble in a peaceable manner to consult for the common good, to make known their opinions to their representatives, and to apply for a redress of grievances.

Section 18

All elections shall be free; and there shall be no hindrance or impediment to the right of a qualified voter to exercise the elective franchise.

Section 19

Treason against the state shall consist only in levying war against the state, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

Section 20

The writ of error shall be a writ of right in all cases of felony; and, in all capital cases, 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.

Section 21

The privilege of the debtor to enjoy the necessary comforts of life shall be recognized by wholesome laws, exempting a reasonable amount of property from seizure or sale for the payment of any debt or liability.

Section 22

Aliens who are, or may hereafter become, bona fide residents of this state shall enjoy the same rights, in respect to the possession, enjoyment, and inheritance of property, as native born citizens.

Section 23

All courts shall be open; and every person, for any injury done him in his land, goods, person or reputation, shall have a remedy by due course of law and justice, administered without denial or delay.

Section 24

A frequent recurrence to the fundamental principles of civil government is absolutely necessary to preserve the blessings of liberty.

Section 25

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: Distribution of Powers

Section 1

The powers of the government of this state are divided into three distinct departments, the legislative, executive, and judicial, and no person or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted.

Article III: The Legislative Department

Section 1

The legislative authority is vested in a senate and house of representatives.

Section 2

The legislature shall provide by law for an enumeration of the inhabitants of the state, in the year 1872, and every two years thereafter, until the year 1878 inclusive. After the year 1880, it shall provide for an enumeration in the year 1885 and every ten years thereafter;^{[N 2]} and at its first regular session after each enumeration, and also after each enumeration made by the authority of the United States, but at no other time, the legislature shall apportion the senators and representatives, according to the number of inhabitants, excluding Indians not taxed, and soldiers and officers of the United States army and navy.

Section 3

In making the apportionment for senators, each county having three-fifths of the senatorial ratio shall be entitled to one senator and be a senatorial district. Each county entitled to one or more senators and having a surplus of three-fifths of such ratio shall be entitled to an additional senator therefor. Contiguous counties, no one of which has three-fifths of the senatorial ratio, shall be formed into districts containing, respectively, as near as practicable the full ratio, and not less than three-fifths thereof.

Section 4

Representatives shall be chosen by districts of convenient, contiguous territory, as compact as may be, to be defined by law. Each county having three-fifths of the ratio shall be entitled to one representative. Each county having a surplus of three-fifths of the ratio shall be entitled to one additional representative. A county having less than three-fifths of the ratio shall be joined with one or more like counties to form a representative district, containing as nearly as practicable the full ratio, and not less than three-fifths thereof, and no county therein shall be included in any other representative district. But no county shall be divided for the purpose of attaching a part thereof to another county in forming a representative district.

Section 5

The first house of representatives shall consist of fifty-seven members, and the first senate shall consist of nineteen members. After the first election, the number of members of each house shall be regulated by law, but the number of representatives shall never exceed one hundred, nor that of senators, thirty-three. Until the year 1873, representatives shall be chosen for one year, and thereafter for two years. Senators shall be elected in the year 1871 for one year, and thereafter for two years.

Section 6

Members of the legislature shall receive for their services four dollars per day, and mileage at the rate of ten cents per mile, for each mile necessarily traveled in going to, and returning from the capital. The speaker of the house shall receive twice the per diem of members.

Section 7

No person shall be a senator who shall not have attained the age of twenty-five years, and have been an inhabitant of the state two years next before his election, and the last year thereof an inhabitant of the district for which he shall be chosen, unless he shall have been absent on the public business of the United States or of this state; and no person elected as aforesaid shall hold his office after he shall have removed from such district.

Section 8

No person, being a member of congress, or holding any office under the United States, or any lucrative office under the authority of this state, shall be eligible to, or have a seat in the legislature; but this provision shall not extend to postmasters, whose annual compensation shall not exceed three hundred dollars, nor to township or precinct officers, justices of the peace, notaries public, or officers of the militia. And if any person shall, after his election as a member of the legislature, be elected to congress or appointed to any office, civil or military, under the government of the United States his acceptance thereof shall vacate his seat.

Section 9

The session of the legislature shall commence at twelve o’clock, noon, on the first Tuesday in January in the year next ensuing the election of members thereof, and at no other time, unless as provided by this constitution. A majority of the members elected to each house shall constitute a quorum. Each house shall determine the rules of its proceedings, and be the judge of the election, returns and qualifications of its members; shall choose its own officers; and the senate shall choose a temporary president, to preside when the lieutenant governor shall not attend as president, or shall act as governor. The secretary of state shall call the house of representatives to order, at the opening of each new legislature, and preside over it until a temporary presiding officer thereof shall have been chosen and shall have taken his seat. No member shall be expelled by either house, except by a vote of two-thirds of all the members elected to that house, and no member shall be twice expelled for the same offense. Each house may punish by imprisonment any person not a member thereof, who shall be guilty of disrespect to the house, by disorderly or contemptuous behavior in its presence, but no such imprisonment shall extend beyond twenty-four hours at one time, unless the person shall persist in such disorderly or contemptuous behavior.

Section 10

The mode of organizing the house of representatives at the commencement of each regular session shall be prescribed by law.

Section 11

Members of the legislature, before they enter upon their official duties, shall take and subscribe the following oath or affirmation:

“I do solemnly swear (or affirm) that I will support the constitution of the United States and the constitution of the State of Nebraska, and will faithfully discharge the duties of senator (or representative) according to the best of my ability and that I have not knowingly or intentionally paid or contributed anything, or made any promise in the nature of a bribe to directly or indirectly influence any vote at the election at which I was chosen to fill the said office, and have not accepted, nor will I accept or receive, directly or indirectly, any money or other valuable thing, from any corporation, company, or person, for any vote or influence I may give or withhold, on any bill, resolution, or appropriation, or for any other official act.”

This oath shall be administered by a judge of the supreme, district, or county court, in the hall of the house to which the member is elected, and the secretary of state shall record and file the oath subscribed by each member. Any member who shall refuse to take the oath herein prescribed shall forfeit his office, and any member who shall be convicted of having sworn falsely to, or of violating his said oath shall forfeit his office, and thereafter be disqualified from holding any office of profit or trust in this state.

Section 12

Each house shall keep a journal of its proceedings and publish them (except such parts as may require secrecy), and the yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journal. All votes in either house shall be viva voce. The doors of each house and of committees of the whole shall be open, unless when the business shall be such as ought to be kept secret. Neither house shall, without the consent of the other, adjourn for more than three days.

Section 13

Any bill may originate in either house of the legislature, except bills appropriating money, which shall originate only in the house of representatives; and all bills passed by one house may be amended by the other.

Section 14

The enacting clause of a law, shall be: “Be it enacted by the legislature of the State of Nebraska;” and no law shall be enacted except by bill. No bill shall be passed unless by the assent of a majority of all the members elected to each house of the legislature; and the question upon the final passage shall be taken immediately upon its last reading, and the yeas and nays shall be entered upon the journal.

Section 15

Every bill and concurrent resolution shall be read at large on three different days, in each house; and the bill, and all amendments thereto, shall be printed before the vote is taken upon its final passage. The presiding officer of each house shall sign in the presence of the house over which he presides, while the same is in session, and capable of transacting business, all bills and concurrent resolutions passed by the legislature.

Section 16

Members of the legislature, in all cases except treason, felony, or breach of the peace, shall be privileged from arrest, during the session of the legislature and for fifteen days next before the commencement and after the termination thereof.

Section 17

No person elected to the legislature shall receive any civil appointment within this state, from the governor, the governor and senate, or from the legislature, during the term for which he has been elected; and all such appointments, and all votes given for any such member for any such office or appointment shall be void; nor shall any member of the legislature or any state officer be interested either directly or indirectly in any contract with the state, or any county thereof, authorized by any law passed during the term for which he shall have been elected; or within one year after the expiration thereof.

Section 18

The house of representatives shall have the sole power of impeachment; but a majority of all the members elected must concur therein. All impeachments shall be tried by the senate, and, when sitting for that purpose, the senators shall be upon oath or affirmation to do justice according to law and evidence. When the governor of the state is tried, the chief justice shall preside. No person shall be convicted without the concurrence of two thirds of the senators elected; but judgment in cases of impeachment shall not extend further than to removal from office, and disqualification to hold and enjoy any office of honor, profit, or trust under this state; but the party impeached, whether convicted or acquitted, shall nevertheless be liable to prosecution and punishment according to law. No officer shall exercise his office after he shall have been impeached and notified thereof, until he shall have been acquitted.

Section 19

The legislature shall not pass local or special laws in any of the following cases; that is to say: for granting divorces; changing the names of persons or places; laying out, opening, altering and working roads or highways; vacating roads, town plats, streets, alleys and public grounds; locating or changing county seats; regulating county and township affairs; regulating the practice in courts of justice; regulating the jurisdiction and duties of justices of the peace, police magistrates and constables; providing for changes of venue in Civil and criminal cases; incorporating cities, towns, and villages, or changing or amending the charter of any town, city or village; providing for the election of officers in townships, incorporated towns, or cities; summoning and impaneling grand or petit juries; providing for the management of common schools; regulating the rate of interest on money; the opening and conducting of any election, or designating the place of voting; the sale or mortgage of real estate belonging to minors, or others under disability; the protection of game or fish; chartering or licensing ferries or toll bridges; remitting fines, penalties or forfeitures; creating, increasing or decreasing fees, percentage, or allowances of public officers, during the term for which said officers are elected or appointed; changing the law of descent; granting to any corporation, association or individual the right to lay down railroad tracks, or amending existing charters for such purposes; granting to any corporation, association or individual any special or exclusive privileges, immunity or franchise whatever. In all other cases where a general law can be made applicable, no special law shall be enacted.

Section 20

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 compensation of any public officer be increased or diminished during his term of office.

Section 21

The state shall never pay, assume or become responsible for the debts or liabilities of, or in any manner give, loan or extend its credit to, or in aid of, any public or other corporation, association or individual.

Section 22

The legislature shall have no power to release or relinquish, in whole or in part, the indebtedness, liability or obligation of any corporation or individual to the state, or to any municipal corporation therein.

Section 23

The legislature shall never alienate the salt springs belonging to this state, but may dispose of the lands connected therewith, or purchase other lands, for the purpose of developing contiguous springs, but for no other purpose.

Section 24

The legislature shall make no appropriation of money out of the treasury in any private law. Bills making appropriations for the pay of members and officers of the legislature, and for the salaries of the officers of the government, shall contain no provision on any other subject.

Section 25

No money shall be drawn from the treasury, except in pursuance of a specific appropriation made by law; and on the presentation of a warrant issued by the auditor thereon; and no money shall be diverted from any appropriation made for any purpose, or taken from any fund whatever, either by joint or separate resolution. The auditor shall, within sixty days after the adjournment of each session of the legislature, prepare and publish a full statement of all monies expended at such session, specifying the amount of each item, and to whom and for what paid.

Section 26

Each legislature shall provide for all appropriations necessary for the ordinary and contingent expenses of the government, until the expiration of the first fiscal quarter after the adjournment of the next regular session, the aggregate amount of which shall not be increased without a vote of two-thirds of the members elected to each house, nor exceed the amount of revenue authorized by law to be raised in such time; and all appropriations requiring money to be paid out of the state treasury, from the funds belonging to the state, shall end with such fiscal quarter: Provided, the state may, to meet casual deficits or failures in revenues, contract debts never to exceed in the aggregate two hundred and fifty thousand dollars; and monies thus borrowed shall be applied to the purpose for which they were obtained, or to pay the debt thus created, and to no other purpose; and no other debt, except for the purpose of repelling invasion, suppressing insurrection, or defending the state in war, for the payment of which the faith of the state shall be pledged, shall be contracted, unless the law authorizing the same shall, at a general election, have been submitted to the people and have received a majority of the votes cast for members of the legislature at such election. The legislature shall provide for the publication of said law, for three months, at least, before the vote of the people shall be taken upon the same; and provision shall be made, at the time, for the payment of the interest annually, as it shall accrue, by a tax levied for the purpose or from other sources of revenue, which law providing for the payment of such interest, by such tax, shall be irrepealable until such debt be paid; and provided, further, that the law levying the tax shall be submitted to the people with the law authorizing the debt to be contracted.

Section 27

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.

Section 28

The legislature shall provide by law for the suppression of vice and immorality in this state, and shall never authorize any games of chance, lottery or gift enterprise under any pretense or for any purpose whatever.

Section 29

The legislature shall provide by law that the fuel, stationery, and printing paper furnished for the use of the state; the copying, printing, binding and distributing of the laws and journals, and all other printing ordered by the legislature, shall be let by contract to the lowest responsible bidder; but the printing and binding shall be done within the state, and the legislature shall fix a maximum price. All such contracts shall be subject to the approval of the governor, and if he disapprove the same, there shall be a reletting of the contract in such manner as shall be prescribed by law.

Section 30

The governor shall issue writs of election to fill such vacancies as may occur in either house of the legislature.

Section 31

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

Section 32

No act shall take effect until the first day of July next after its passage, unless, in case of emergency, to be expressed in the preamble or body of the act, the legislature shall, by a vote of two-thirds of all the members elected to each house, otherwise direct; nor shall any act take effect until it shall have been published in accordance with law.

Article IV: The Executive Department

Section 1

The executive department shall consist of a governor, lieutenant governor, secretary of state, auditor of public accounts, treasurer, superintendent of public instruction, attorney general and commissioner of public lands and buildings, who shall each hold his office for the term of two years from the first day of January next after his election, and until his successor is elected and qualified. Provided, however, that the first election of said officers shall be held on the Tuesday succeeding the first Monday in November, 1871, and the officers then elected shall each hold his of ice for the term of one year, and until his successor is elected and qualified. They shall, except the lieutenant governor, reside at the seat of government during their term of office, and keep the public records, books and papers there, and shall perform such duties as may be prescribed by law.

Section 2

The treasurer shall be ineligible to the office of treasurer for two years next after the expiration of two consecutive terms for which he was elected.

Section 3

The officers of the executive department shall, after the first election hereinbefore provided for, be elected at the general election for members of the house of representatives to be held in the year 1872, and every two years thereafter, at such times and places as may be prescribed by law.

Section 4

The returns of every election for the above named officers shall be sealed up and transmitted, by the returning officers, to the secretary of state, directed to the speaker of the house of representatives, who shall, immediately after the organization of the house, and before proceeding to other business, open and publish the same in the presence of a majority of each house of the legislature, who shall for that purpose assemble in the hall of the house of representatives. The person having the highest number of votes for either of said offices shall be declared duly elected; but if two or more have an equal, and the highest number of votes, the legislature shall by joint ballot choose one of such persons for said office. Contested elections for all of said offices shall be determined by both houses of the legislature, by joint ballot, in such manner as may be prescribed by law.

Section 5

No person shall be eligible to the office of governor or lieutenant governor who shall not have attained the age of twenty-five years, and been for two years next preceding his election a citizen of the United States and of this State. Neither the governor, lieutenant governor, auditor of public accounts, secretary of state, commissioner of public lands and buildings, superintendent of public instruction, nor attorney general, shall be eligible to any other office during the period for which he shall have been elected.

Section 6

The supreme executive power shall be vested in the governor, who shall take care that the laws be faithfully executed.

Section 7

The governor shall, at the commencement of each session, and at the close of his term of office, and whenever the legislature may require, give to the legislature information by message of the condition of the state, and shall recommend such measures as he shall deem expedient. He shall account to the legislature, and accompany his message with a statement of all moneys received and paid out by him, from any funds subject to his order, with vouchers, and at the commencement of each regular session present estimates of the amount of money required to be raised by taxation for all purposes.

Section 8

The governor may, on extraordinary occasions, convene the legislature by proclamation, stating therein the purpose for which they are convened, and the legislature shall enter upon no business except that for which they were called together.

Section 9

In case of a disagreement between the two houses, with respect to the time of adjournment, the governor may, on the same being certified to him by the house first moving the adjournment, adjourn the legislature to such time as he thinks proper, not beyond the first day of the next regular session.

Section 10

The governor shall nominate, and, by and with, the advice and consent of the senate, (a majority of all the senators elected concurring by yeas and nays) appoint all officers whose offices are established by this constitution, or which may be created by law, and whose appointment or election is not otherwise provided for; and no such officer shall be appointed or elected by the legislature.

Section 11

In case of a vacancy during the recess of the senate, in any office which is not elective, the governor shall make a temporary appointment until the next meeting of the senate, when he shall nominate some person to fill such office, and any person so nominated, who is confirmed by the senate (a majority of all the senators elected concurring by yeas and nays) shall hold his office during the remainder of the term, and until his successor shall be appointed and qualified. No person, after being rejected by the senate, shall be again nominated for the same office at the same session, unless at the request of the senate, or be appointed to the same office during the recess of the legislature.

Section 12

The governor shall have power to remove any officer whom he may appoint, in case of incompetency, neglect of duty, or malfeasance in office; and he may declare his office vacant, and fill the same as herein provided in other cases of vacancy.

Section 13

The governor shall have the power to grant reprieves, commutations and pardons, after conviction, for all offences except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law, relative to the manner of applying for pardons. Upon conviction for treason, he shall have power to suspend the execution of the sentence, until the case shall be reported to the legislature at its next meeting, when the legislature shall either pardon or commute the sentence, direct the execution of the sentence or grant a further reprieve. He shall annually communicate to the legislature each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the reprieve, commutation or pardon. In cases of conviction upon impeachment the legislature may remit so much of the sentence as shall disqualify the convicted person from holding office.

Section 14

The governor 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) and may call out the same to execute the laws, suppress insurrection, and repel invasion.

Section 15

The governor and all civil officers of this state shall be liable to impeachment for any misdemeanor in office.

Section 16

Every bill passed by the legislature, before it becomes a law, and every order, resolution or vote to which the concurrence of both houses may be necessary (except on a question of adjournment) shall be presented to the governor. If he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it with his objections, to the house in which it shall have originated, which house shall enter the objections at large upon its journal, and proceed to reconsider the bill. If then two thirds of the members elected agree to pass the same, it shall be sent together with the objections to the other house, by which it shall likewise be reconsidered, and if approved by two-thirds of the members elected to that house, it shall become a law notwithstanding the objections of the governor. But in all such cases the vote of each house shall be determined by yeas and nays to be entered upon the journal. Any bill which shall not be returned by the governor within five days (Sundays excepted) after it shall have been presented to him, shall become a law in like manner as if he had signed it; unless the legislature by their adjournment prevent its return; in which case it shall be filed with his objections in the office of the secretary of state, within five days after such adjournment, or become a law.

Section 17

In case of the death, impeachment to the senate and notice thereof to the accused, failure to qualify, resignation, absence from the state, or other disability of the governor, the powers, duties and emoluments of the office for the residue of the term, or until the disability shall be removed, shall devolve upon the lieutenant governor.

Section 18

The lieutenant governor shall be president of the senate and shall vote only when the senate is equally divided.

Section 19

If there be no lieutenant governor, or if the lieutenant governor shall, for any of the causes specified in section 17 of this article, become incapable of performing the duties of the office, the president of the senate shall act as governor until the vacancy is filled or the disability removed; and if the president of the senate, for any of the above named causes, shall become incapable of performing the duties of governor, the same shall devolve upon the speaker of the house of representatives.

Section 20

The commissioner of public lands and buildings, the secretary of state, treasurer and attorney general, shall form a board, which shall have general supervision and control of all the buildings, grounds and lands of the state, the state prison, asylums, and all other institutions thereof, except those for educational purposes; and shall perform such duties, and be subject to such rules and regulations as may be prescribed by law.

Section 21

If the office of auditor of public accounts, treasurer, secretary of state, attorney general, commissioner of public lands and buildings or superintendent of public instruction shall be vacated by death, resignation or otherwise, it shall be the duty of the governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law. An account shall be kept by the officers of the executive department and of all the public institutions of the state, of all monies received or disbursed by them severally from all sources, and for every service performed; and a semiannual report thereof be made to the governor, under oath, and any officer who makes a false report shall be guilty of perjury and punished accordingly.

Section 22

The officers of the executive department and of all the public institutions of the state shall, at least ten days preceding each regular session of the legislature, severally report to the governor, who shall transmit such reports to the legislature, together with the reports of the judges of the supreme court of defects in the constitution and laws, and the governor or either house of the legislature may at any time require information, in writing under oath, from the officers of the executive department and all officers and managers of state institutions, upon any subject relating to the condition, management and expenses of their respective offices.

Section 23

There shall be a seal of the state, which shall be called the “Great Seal of the State of Nebraska,” which shall be kept by the secretary of state, and used by him officially as directed by law.

Section 24

The officers named in this section shall receive for their services a salary and they shall not, after the expiration of the terms of those in office at the adoption of this constitution, receive to their own use any fees, costs, perquisites of office or other compensation, and all fees that may hereafter be payable by law for any services performed by any officer provided for in this article of the constitution shall be paid in advance into the state treasury. The salary of the governor shall be three thousand dollars. The salaries of the secretary of state, of the auditor of public accounts, of the superintendent of public instruction, of the^{[N 3]} treasurer, commissioner of public lands and buildings, and attorney general shall each be two thousand dollars. The lieutenant governor shall receive twice the compensation of a senator. Provided, that at the expiration of five years from the adoption of this constitution, and every five years thereafter, the legislature may by general law, readjust the said salaries; but the salaries of the officers named in this section shall not be increased or diminished during their official terms.

Section 25

An office is a public position created by the constitution or law, continuing during the pleasure of the appointing power, or for a fixed time, with a successor elected or appointed. An employment is an agency for a temporary purpose, which ceases when that purpose is accomplished.

Section 26

All civil officers, except members of the legislature and such inferior officers as may be by law exempted, shall, before they enter on the duties of their respective offices, take and subscribe the following oath or affirmation:

I do solemnly swear (or affirm) that I will support the constitution of the United States, the constitution of the state of Nebraska, and that I will faithfully and impartially discharge the duties of the office of —— to the best of my ability; and that I have not, directly or indirectly, paid or contributed anything, or made any promise in the nature of a bribe to directly or indirectly influence any vote at the election at which I was chosen to fill said office, and have not accepted, nor will I accept or receive, directly or indirectly, any money or other valuable thing from any corporation, company or person for any official act.

Any officer refusing to take the oath herein prescribed, shall forfeit his office, and after conviction of having sworn falsely to, or of violating his said oath shall forfeit his office and shall be disqualified from holding any office of trust or profit in the state. No other oath, declaration or test shall be required as a qualification.

Section 27

The officers mentioned in this article shall give bonds in double the amount of money which may come into their hands, with such provisions as to sureties and the approval thereof, and for the increase of the penalty of such bonds as may be prescribed by law.

Section 28

No other executive state office shall be created.

Article: V: The Judicial Department

Section 1

The judicial power of this state shall be vested in a supreme court, district courts, county courts, justices of the peace, police magistrates, and in such other courts inferior to the district courts as maybe created by law for cities and incorporated towns.

Section 2

The supreme court shall consist of three judges, a majority of whom shall be necessary to form a quorum or to pronounce a decision. It shall have original jurisdiction in cases relating to the revenue, civil cases in which the state shall be a party, mandamus, quo warranto, habeas corpus and such appellate jurisdiction as may be provided by law.

Section 3

At least two terms of the supreme court shall be held in each year at the seat of government.

Section 4

The judges of the supreme court shall be elected by the electors of the state at large, and their terms of office, except of those chosen at the first election as hereinafter provided, shall be six years.

Section 5

The judges of the supreme court shall, immediately after the first election under this constitution, be classified by lot, so that one shall hold his office for a term of two years, one for the term of four years, and one for the term of six years.

Section 6

The judge of the supreme court having the shortest term to serve, not holding his office by appointment, or election to fill a vacancy, shall be the chief justice, and as such shall preside at all terms of the supreme court; and in case of his absence, the judge having in like manner the next shortest term to serve shall preside in his stead.

Section 7

No person shall be eligible to the office of judge of the supreme court, unless he shall be at least thirty years of age, and a citizen of the United States, nor unless he shall have resided in this state at least three years next preceding his election.

Section 8

The supreme court shall appoint a reporter, and a clerk of said court, who shall hold their office respectively for the term of three years, subject to removal by the court, and whose duties shall be prescribed by law.

Section 9

The district courts shall have original jurisdiction in all cases of law and equity; and such appellate jurisdiction as is or may be provided by law.

Section 10

The state shall be divided into five judicial districts, in each of which shall be elected one judge, who shall be judge of the district court therein; and whose term of office shall be four years.

Until otherwise provided by law, said districts shall be as follows:

First District. The counties of Richardson, Nemaha, Johnson, Pawnee, Gage, Saline, and Jefferson.

Second District. The counties of Otoe, Cass, Lancaster, Saunders, Seward, and Butler.

Third District. The counties of Douglas and Sarpy.

Fourth District. The counties of Washington, Burt, Dodge, Cuming, Colfax, Stanton, Madison, Wayne, Dakota, Dixon, Cedar, Pierce, Antelope, L'Eau Qui Court, and the counties and territory lying due west of L'Eau Qui Court.

Fifth District. The counties of Platte, Boone, Greeley, Howard, Hall, Merrick, Polk, York, Fillmore, Thayer, Nuckolls, Clay, Hamilton, Adams, Webster, Franklin, Kearney, Harlan, Buffalo, Sherman, Dawson, Lincoln, Cheyenne and all other counties and territory not included in any other district.

Section 11

The legislature, whenever two-thirds of the members selected to each house shall concur therein, may, in the year one thousand eight hundred and seventy-five and every five years thereafter, increase the number of judges of the district courts, and the judicial districts of the state. Such districts shall be formed of compact territory, and bounded by county lines; and such increase or any change in the boundaries of a district, shall not vacate the office of any judge.

Section 12

The judges of the district courts may hold courts for each other, and shall do so when required by law.

Section 13

The judges of the supreme court shall each receive a salary of $3,500, and the judges of the district court shall each receive a salary of $2,500 per annum, payable quarterly, until otherwise provided by law; and after said salaries shall be fixed by law they shall not be increased or diminished during the terms for which said judges shall be respectively elected.

Section 14

No judge of the supreme court or district court shall receive any other compensation, perquisite or benefit, in any form whatsoever, nor perform any other than judicial duties to which may belong any emoluments, nor shall any salary or other compensation be paid by the state to any county judge.

Section 15

There shall be elected in and for each organized county one judge, who shall be judge of the county court of such county, and whose term of office shall be two years.

Section 16

County courts shall be courts of record and shall have original jurisdiction in all matters of probate, settlement of estates of deceased persons, appointment of guardians and settlement of their accounts; in all matters relating to apprentices; and in proceedings for the collection of taxes and assessments; and such other jurisdiction as may be given by general law. Provided, that in counties having a population of not less than three thousand the legislature may confer upon said courts jurisdiction in sales of real estate on execution, and by executors, administrators, and guardians; but they shall not have jurisdiction in criminal cases in which the punishment may exceed six months imprisonment or a fine of over five hundred dollars; nor in actions in which the title to real estate is sought to be recovered, or may be drawn in question; nor in actions on mortgages or contracts for the conveyance of real estate; nor where the debt or sum claimed shall exceed five hundred dollars.

Section 17

Appeals to the district courts from the judgments of county courts shall be allowed in all criminal cases, on application of the defendant; and in all civil cases, on application of either party, in which the amount in controversy shall exceed twenty-five dollars; and in such other cases as the legislature may provide.

Section 18

Justices of the peace, and police magistrates, shall be elected in and for such districts, and have and exercise such jurisdiction as may be provided by law. Provided, that no justice of the peace shall have jurisdiction of any civil case where the amount in , controversy shall exceed one hundred dollars; nor in a criminal case when the punishment may exceed three months imprisonment, or a fine of over one hundred dollars; nor in any matter wherein the title or boundaries of land may be in dispute.

Section 19

All laws relating to courts shall be general, and of uniform operation; and the organization, jurisdiction, powers, proceedings, and practice of all courts of the same class, or grade, so far as regulated by law, and the force and effect of the proceedings, judgments and decrees of such courts, severally, shall be uniform.

Section 20

The legislature may for cause entered on the journals, upon due notice, and opportunity of defense, remove from office any judge of the supreme or district court, upon concurrence of three-fourths of all the members elected to each house. All other officers in this article mentioned shall be removed from office on prosecution and final conviction for misdemeanor in office, in such manner as may be provided by law.

Section 21

All judges of courts of record inferior to the supreme court shall, on or before the first day of June of each year, report in writing to the judges of the supreme court, such defects and omissions in the laws as their experience may suggest, and the judges of the supreme court shall, on or before the first day of January of each year, report in writing to the governor such defects and omissions in the constitution and laws as they may find to exist, together with appropriate forms of bills to cure such defects and omissions in the laws. The judges of the several district courts shall report to the legislature at each regular session the number of days they have held courts in the several counties composing their respective districts during the preceding year.

Section 22

All officers provided for in this article shall hold their offices until their successors shall be qualified, and they shall respectively reside in the district, county or precinct for which they shall be elected or appointed. The terms of office of all such officers, when not otherwise prescribed in this article, shall be two years. All officers, when not otherwise provided for in this article, shall perform such duties and receive such compensation as may be provided by law.

Section 23

In case the office of any judge of the supreme court or of any district court shall become vacant, before the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the governor, until a successor shall be elected and qualified, and such successor shall be elected for the unexpired term at the first general election that occurs more than thirty days after the vacancy shall have happened. Vacancies in all other elective offices provided for in this article shall be filled by election, but when the unexpired term does not exceed one year the vacancy may be filled by appointment in such manner as the legislature may provide.

Section 24

The legislature shall provide by law in what manner and in what courts suits may be brought against the state.

Section 25

The several judges of the courts of record shall have such jurisdiction at chambers as may be provided by law.

Section 26

All process shall run, “In the name of The People of the State of Nebraska,” and all prosecutions shall be carried on “In the name of The People Nebraska” and conclude against the peace and dignity of the same.

Article VI: Rights of Suffrage

Section 1

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, and precinct or ward for the time provided by law shall be an elector.

First. Citizens of the United States.

Second. Persons of foreign birth, who shall have declared their intention to become citizens conformably to the laws of the United States on the subject of naturalization.

Section 2

No person shall be qualified to vote who is or shall be under guardianship, non compos mentis, or convicted of treason or felony under the laws of the state, or of the United States, unless restored to civil rights.

Section 3

No elector shall be deemed to have lost his residence in the state by reason of his absence on business of the United States or of this state.

Section 4

No soldier, seaman, or marine in the army or navy of the United States shall be deemed a resident of this state in consequence of being stationed therein.

Section 5

Electors shall in all cases, except treason, felony or breach of the peace, be privileged from arrest during their attendance at elections, and going to and returning from the same. And no elector shall be obliged to do military duty on the days of election, except in time of war or public danger.

Section 6

All votes shall be by ballot.

Section 7

Uniform laws throughout the state shall be made, to ascertain by proper proof what citizens are entitled to the rights of suffrage.

Article VII: Education

Section 1

All funds and lands set apart for educational purposes shall be under the control and management of the legislature.

Section 2

All lands, money or other property granted, or bequeathed, or in any manner conveyed to this state for educational purposes, shall be used and expended in accordance with the terms of such grant, bequest, or conveyance.

Section 3

The following are hereby declared to be perpetual funds for common school purposes, of which the annual interest or income, only, can be appropriated, to wit:

First. Such per centum as has been or may hereafter be granted by congress on the sale of lands in this state.

Second. All moneys arising from the sale or leasing of sections number sixteen and thirty-six in each township in this state, and the lands selected, or that may be selected in lieu thereof.

Third. The proceeds of all lands that have been or may hereafter be granted to this state, where, by the terms and conditions of such grant, the same are not to be otherwise appropriated.

Fourth. The net proceeds of lands and other property and effects that may accrue to the state, by escheat or forfeiture, or from unclaimed dividends, or distributive shares of the estates of deceased persons.

Fifth. All moneys, stocks, bonds, lands and other property, now belonging to the common school fund.

Sixth. All other grants, gifts and devises that have been, or may hereafter be made to this state, and not otherwise appropriated by the terms of the grant, gift or devise, the interest arising from all of the funds mentioned in this section, together with all rents of the unsold school lands, and such other means as the legislature may provide shall be exclusively applied to the following objects to wit:

First. To the support and maintenance of common schools in each school district in the state, and the purchase of suitable libraries and apparatus therefor.

Second. Any residue of such funds shall be appropriated to the support and maintenance of academies, normal schools, and schools of an intermediate grade between the common schools and the university, and the purchase of suitable libraries and apparatus therefor.

Section 4

All fines, penalties and license moneys, arising under the general laws of the state, shall belong, and be paid over to the counties, respectively, where the same may be levied or imposed; and all fines, penalties and license moneys, arising under the rules, by-laws or ordinances of cities, villages, towns, precincts or other municipal subdivision less than a county, shall belong, and be paid over to the same, respectively. All such fines, penalties and license moneys shall be appropriated exclusively to the use and support of common schools in the respective subdivisions where the same may accrue, and the purchase of suitable libraries and apparatus therefor.

Section 5

The legislature shall provide by law for the establishment of district schools which shall be as nearly uniform as practicable, and such schools shall be free, and without charge for tuition, to all children between the ages of five and twenty-one years.

Section 6

Provision shall be made by law for the equal distribution of the income of the fund set apart for the support of common schools, among the several school districts of the state, in proportion to the number of children and youth resident therein, between the ages of five and twenty-one years, and no appropriation shall be made from said fund to any district for the year in which a school shall not be maintained at least three months.

Section 7

No university, agricultural college, common school or other lands, which are now held or may hereafter be acquired by the state for educational purposes, shall be sold for less than seven dollars per acre.

Section 8

All funds belonging to the state for educational purposes, the interest and income whereof only are to be used, shall be deemed trust funds held by the state, and the state shall supply all losses thereof that may in any manner accrue, so that the same shall remain forever inviolate and undiminished; and such funds, with the interest and income thereof, are hereby solemnly pledged for the purposes for which they are granted and set apart, and shall not be transferred to any other fund for other uses.

Section 9

The general government of the university of Nebraska shall, under the direction of the legislature, be vested in a board of regents to be styled the board of regents of the university of Nebraska; one member of which shall be elected in each judicial district by the electors thereof. Their duties, powers, and term of office shall be prescribed by law; and they shall receive no compensation, but may be reimbursed their actual expenses incurred in the discharge of their duties.

Section 10

Schools for the benefit of the deaf and dumb and the blind shall be fostered and supported.

Section 11

The supervision of public instruction shall be vested in the state superintendent of public instruction and such other officers as the legislature shall provide.

Section 12

The secretary of state, treasurer, attorney general, and commissioner of public lands and buildings shall constitute a board of commissioners, for the sale, leasing, and general management of all lands and funds set apart for educational purposes and for the investment of school funds, in such manner as maybe prescribed by law.

Section 13

No sectarian instruction shall be allowed in any school or institution supported in whole or in part by the public funds set apart for educational purposes, nor shall the state accept any grant, conveyance or bequest of money, lands or other property, to be used for sectarian purposes.

Article VIII: Revenue and Finance

Section 1

Taxes may be rightfully and equally levied upon the property of the citizens to insure the protection of life, the security of person, property, and character; and to attain these objects the legislature shall provide such revenue as may be needful, by levying a tax by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property; such value to be ascertained by some person or persons to be elected or appointed in such manner as the legislature shall direct, and not otherwise; but the legislature shall have power to tax peddlers, auctioneers, brokers, hawkers, merchants, commission merchants, showmen, jugglers, innkeepers, grocery keepers, liquor dealers, toll bridges, ferries, insurance, telegraph and express interests or business, venders of patents, and persons or corporations owning or using franchises and privileges in such manner as it shall, from time to time, direct by general law, uniform as to the class upon which it operates.

Section 2

The specification of the objects and subjects of taxation shall not deprive the legislature of the power to require other subjects or objects to be taxed, in such manner as may be consistent with the principles of taxation fixed in this constitution.

Section 3

The property of the state, counties and other municipal corporations, both real and personal, and such other property as may be used exclusively for agricultural and horticultural societies, for school, public cemetery and charitable purposes, the buildings and grounds belonging to and used by any religious society for religious purposes to the value of five thousand dollars, maybe exempted from taxation; but such exemption shall be only by general law. In the assessment of real estate incumbered by public easement, any depreciation occasioned by such easement may be deducted in the valuation of such property. The legislature may provide that the increased value of lands by reason of live fences, fruit and forest trees, grown and cultivated thereon, shall not be taken into account, in the assessment thereof.

Section 4

The legislature shall provide, in all cases when it may be necessary to sell real estate for the nonpayment of taxes or special assessments, for state, county, municipal or other purposes, that a return of such unpaid taxes or assessments shall be made to some general officer of the county having authority to receive state and county taxes, and there shall be no sale of such property for any of said taxes or assessments, but by said officer, upon the order or judgment of some court of record.

Section 5

The right of redemption from all sales of real estate, for the nonpayment of taxes or special assessments of any character whatever, shall exist in favor of owners and persons interested in such real estate, for a period of not less than two years from such sales thereof. And the legislature shall provide by law for reasonable notice to be given to the owners or parties interested, by publication or otherwise, of the fact of the sale of the property for such taxes or assessments, and when the time of redemption shall expire. Provided, that occupants shall in all cases be served with personal notice before the time of redemption expires.

Section 6

The legislature shall have no power to release or discharge any county, city, township, town or district whatever, or the inhabitants thereof, or the property therein, from their or its proportionate share of taxes to be levied for state purposes, nor shall commutation for such taxes be authorized in any form whatever.

Section 7

All taxes levied for state purposes shall be paid into the state treasury.

Section 8

All property, real, personal, or mixed, within the jurisdiction of this state, shall be listed and taxed except as otherwise provided in this constitution; and the legislature shall provide by law for carrying into effect this provision.

Section 9

County authorities shall never assess taxes, the aggregate of which shall exceed two dollars per one hundred dollars valuation, except for the payment of indebtedness existing at the adoption of this constitution, unless authorized by a vote of the people of the county.

Section 10

The legislature may vest the corporate authorities of cities, towns and villages with power to make local improvements by special assessment or by special taxation of property, benefitted or otherwise. For all ether corporate purposes, all municipal corporations may be vested with authority to assess and collect taxes; but such taxes shall be uniform in respect to persons and property within the jurisdiction of the body imposing the same.

Section 11

The legislature shall not impose taxes upon municipal corporations, or the inhabitants or property thereof, for corporate purposes, but shall require that all the taxable property within the limits of municipal corporations shall be taxed for the payment of debts contracted under authority of law, such taxes to be uniform in respect to persons and property within the jurisdiction of the body imposing the same. Private property shall not be liable to be taken or sold for the payment of the corporate debts of a municipal corporation.

Section 12

No person who is in default, as collector or custodian of money or property belonging to a municipal corporation, shall be eligible to any office in or under such corporation. The fees, salary or compensation of no municipal officer who is elected or appointed for a definite term of office shall be increased or diminished during such term.

Section 13

The legislature at its first session shall provide by law for the funding of all outstanding warrants and other indebtedness of the state, at a rate of interest not exceeding ten per cent per annum; and all counties, cities, towns or other municipal corporations, may fund their outstanding indebtedness, in bonds bearing a rate of interest not exceeding ten per cent per annum, in such manner as the legislature may provide.

Section 14

The legislature shall provide by law that all claims upon the treasury shall be examined and adjusted by the auditor and approved by the secretary of state, before any warrant for the amount allowed shall be drawn.

Article IX: Counties

Section 1

No new county shall be formed or established by the legislature which will reduce the county or counties, or either of them, from which it shall be taken, to a less area than four hundred square miles; nor shall any county be formed of a less area.

Section 2

No county shall be divided, or have any part stricken therefrom, without first submitting the question to a vote of the people of the county; nor unless a majority of all the legal voters of the county, voting on the question, shall vote for the same. Provided, that the legislature may divide any county whose area exceeds nine hundred square miles without submitting the question to the vote of the people.

Section 3

There shall be no territory stricken from any organized county, unless a majority of the voters living in such territory shall petition for such division; and no territory shall be added to any organized county without the consent of the majority of the voters of the county to which it is proposed to be added; but the portion so stricken off and added to another county, or formed in whole or in part into a new county, shall be holden for, and obliged to pay its proportion of the indebtedness of the county from which it has been taken.

Section 4

No county seat shall be removed until two-thirds of the voters of the county, to be ascertained in such manner as shall be provided by general law, shall have voted in favor of its removal to some other one point. The question of the removal of a county seat shall not be oftener submitted than once in six years. Provided, that when an attempt is made to remove a county seat to a point ten miles, in a direct line, nearer the center of the county, then a majority vote only shall be necessary, and the question of removal may be submitted once in four years.

Section 5

The legislature shall provide by law for the election of such county and township officers as may be necessary.

Section 6

The legislature shall provide by general law for township organization, under which any county may organize whenever a majority of the legal voters of such county voting at any general election shall so determine; and whenever any county shall adopt township organization, so much of this constitution as provides for the management of the fiscal concerns of the said county by the board of county commissioners may be dispensed with and the affairs of said county may be transacted in such manner as the legislature may provide; and in any county that shall have adopted a township organization, the question of continuing the same may be submitted to a vote of the electors of such county at a general election, in the manner that shall be provided by law; and if a majority of all the votes cast upon that question shall be against township organization, then such organization shall cease in said county; and all laws in force in relation to counties not having township organization shall immediately take effect and be in force in such county. No two townships in any one county shall have the same name, and the day of holding the annual township meetings shall be uniform throughout the state.

Section 7

There shall be elected in each of the counties in this state three officers, who shall be styled “The Board of County Commissioners,” whose term of office shall be three years, and who shall hold sessions for the transaction of county business as shall be prescribed by law: Provided, that the county commissioners now elected in the several counties of the state shall hold their office for the term for which they were elected.

Article X: Corporations

Section 1

No corporation shall be created by special law, nor its charter extended, changed or amended, except those for charitable, educational, penal or reformatory purposes which are to be and remain under the patronage and control of the state; but the legislature shall provide by general laws for the organization of all corporations hereafter to be created. All general laws passed pursuant to this section may be altered, from time to time, or repealed.

Section 2

All corporations may sue and be sued in like cases as natural persons.

Section 3

Stockholders of all corporations and joint stock associations shall be individually liable for all debts of such corporation or association, to the full amount of the par value of their stock, after the corporate property shall have been exhausted.

Section 4

The legislature shall provide by law that, in all elections for directors or managers of incorporated companies, every stockholder shall have the right to vote, in person or by proxy, for the number of shares of stock owned by him, for as many persons as there are directors or managers to be elected, or to cumulate said shares, and give one candidate as many votes as the number of directors multiplied by the number of his shares of stock shall equal, or to distribute them on the same principle among as many candidates as he shall think fit; and such directors or managers shall not be elected in any other manner.

Section 5

All existing charters or grants of special or exclusive privileges, under which organization shall not have taken place, or which shall not be in operation within ten days from the time this constitution takes effect, shall thereafter have no validity or effect whatever.

[Article X:] Banks

Section 6

No state bank shall hereafter be created, nor shall the state own or be liable for any stock in any corporation or joint stock company or association for banking purposes, now created or hereafter to be created. No act of the legislature authorizing or creating corporations or associations, with banking powers, whether of issue, deposit or discount, nor amendments thereto, shall go into effect or in any manner be in force, unless the same shall be submitted to a vote of the people at the general election next succeeding the passage of the same, and be approved by a majority of all the votes cast at such election, for or against such law.

Section 7

Every stockholder in a banking corporation or institution shall be individually responsible and liable to its creditors, over and above the amount of stock by him held, to an amount equal to his respective stock or shares so held, for all its liabilities accruing while he remains such stockholder.

Section 8

The suspension of specie payments by banking institutions, on their circulation, created by the laws of this state, shall never be permitted or sanctioned.^{[N 4]} Every banking association now, or which may hereafter be organized under the laws of this state shall make and publish a full and accurate quarterly statement of its affairs (which shall be certified to under oath, by one or more of its officers) as may be provided by law.

Section 9

If a general banking law shall be enacted, it shall provide for the registry and countersigning, by an officer of the state, of all bills or paper credits designed to circulate as money, and require security, to the full amount thereof, to be deposited with the state treasurer, in United States or Nebraska state bonds, to be rated at ten per cent below their par value; and in case of a depreciation of said bonds to the amount of ten per cent below par, the bank or banks owning said stock or bonds shall be required to make up said deficiency, by depositing additional stock or bonds; and said law shall also provide for the recording of the names of all stockholders in such corporations, the amount of stock held by each, the time of any transfer thereof, and to whom such transfer is made.

[Article X:] Railroads

Section 10

Every railroad corporation organized or doing business in this state under the laws or authority thereof, or of any other state, shall have and maintain a public office or place in this state for the transaction of its business; where transfers of stock shall be made and in which shall be kept for public inspection books, in which shall be recorded the amount of capital stock subscribed and by whom, the names of the owners of its stock and the amounts owned by them respectively, the amount of stock paid in and by whom, the transfers of said stock, the amount of its assets and liabilities, and the names and place of residence of its officers. The directors of every railroad corporation shall annually make a report, under oath, to the auditor of public accounts, or some officer to be designated by law, of the amount received from passengers and freight, and of all their acts and doings; which report shall include such matters relating to railroads as may be prescribed by law. And the legislature shall pass laws enforcing by suitable penalties the provisions of this section.

Section 11

The rolling stock and all other movable property belonging to any railroad company or corporation in this state shall be liable to execution and sale in the same manner as the personal property of individuals, and the legislature shall pass no law exempting any such property from execution and sale.

Section 12

No railroad corporation shall consolidate its stock, property or franchises with any other railroad corporation owning a parallel or competing line; and in no case shall any consolidation take place, except upon public notice given, of at least sixty days, to all stockholders, in such manner as maybe provided by law.

Section 13

Railways heretofore constructed or that may hereafter be constructed in this state are hereby declared public highways, and shall be free to all persons, for the transportation of their persons and property thereon, under such regulations as may be prescribed by law. And the legislature shall from time to time pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on the different railroads in this state. The liability of railroad corporations as common carriers shall never be limited, but the same shall be and remain as fixed by the common law.

Section 14

No railroad corporation shall issue any stock or bonds, except for money, labor, or property, actually received and applied to the purposes for which such corporation was created; and all stock, dividends, and other fictitious increase of the capital stock or indebtedness of any such corporation shall be void. The capital stock of no railroad corporation shall be increased for any purpose, except after public notice for sixty days, in such manner as may be provided by law.

Section 15

The exercise of the power and the right of eminent domain shall never be so construed or abridged as to prevent the taking by the legislature of the property and franchises of incorporated companies already organized or hereafter to be organized, and subjecting them to the public necessity the same as of individuals. The right of trial by jury shall be held inviolate in all trials of claims for compensation, when, in the exercise of said right of eminent domain, any incorporated company shall be interested either for or against the exercise of said right.

Section 16

The legislature shall pass laws to correct abuses and prevent unjust discrimination and extortion in the rates of freight and passenger tariffs on the different railroads in this state, and enforce such laws by adequate penalties to the extent, if necessary for that purpose, of forfeiture of their property and franchises.

Section 17

No county, city, town, township or other municipal corporation shall ever make any donation to, or loan its credit in aid of any corporation which has received, or may hereafter receive a grant of land from the United States, or to any railroad corporation which has constructed or shall hereafter construct its road in whole or in part from the proceeds of land grants.

Article XI: County and Municipal Aid to Corporations

[Section 1]

No city, county, town, precinct, or other municipality, or other subdivision of the state, shall ever become subscriber to the capital stock of any railroad or private corporation, or make donations thereto, or aid in the construction of any railroad or work of internal improvement, owned or controlled in whole or in part by any individual or private corporation or association, or create or contract any indebtedness, for any purpose herein specified, unless a proposition to do so shall have been submitted at an election held by authority of law, and three-fifths of the qualified electors voting on said proposition shall be in favor of the same. Such indebtedness, inclusive of any and all similar indebtedness, whensoever created, shall not, at any time, exceed ten per cent of the valuation for taxable purposes of such city, town, county, precinct, or other municipality, or subdivision of the state, contracting such indebtedness; nor shall any aid be given to any railroad company, or for the construction of any railroad, or any indebtedness be created or contracted for such purposes, unless the line of the railroad shall have been definitely located, and shall be specified in the proposition voted upon; nor shall such indebtedness exceed five thousand dollars per mile to any proposed railroad, nor in any event be payable until such railroad or a part thereof is completed ready for the rolling stock, and only in proportion to the part so completed.

Article XII: Miscellaneous Provisions

Section 1

The capital of this state shall remain at the city of Lincoln, until the year one thousand eight hundred and eighty; and until otherwise provided by a law designating some other place therefor, which shall be submitted to, and be approved by a majority of the electors voting thereon.

Section 2

The legislature shall determine what persons shall constitute the militia of the state, and may provide for organizing and disciplining the same.

Section 3

No person who shall be convicted of the embezzlement or defalcation of the public funds of this state shall ever be eligible to any office of honor, trust, or profit under the same, nor shall any person convicted of felony be eligible to office, unless he shall have been restored to civil rights.

Article XIII: Amendments to the Constitution

Section 1

Any amendment or amendments to this constitution may be proposed in the senate or house of representatives, and, if agreed to by a majority of the members elected to each house, shall be entered upon their journals, with the yeas and nays taken thereon; and the secretary of state shall cause the same to be published weekly for three months immediately preceding the next election, in at least one newspaper in every county in which a newspaper shall be published; and if, in the legislature next afterwards chosen, such proposed amendment or amendments shall be agreed to, by a majority of the members elected to each house, the secretary of state shall cause the same again to be published for the time, and in the manner aforesaid; and such proposed amendment or amendments shall be submitted to the electors of this state for adoption or rejection at the next election of members of the legislature, in such manner as may be prescribed by law, and, if ratified by a majority of those voting thereon, shall become a part of the constitution. If two or more amendments be submitted at the same time, provision shall be made for taking the vote thereon separately.

Section 2

Whenever two-thirds of the members elected to each house of the legislature shall, by a vote entered upon the journals thereof, concur that a convention is necessary to revise, alter, or amend the constitution, the question shall be submitted to the electors at the next general election. If a majority of the votes cast thereon be for a convention, the legislature shall, at the next session, provide therefor, and shall, in the act calling the convention, designate the day, hour and place of its meeting, fix the compensation of its members and officers, and provide for the payment thereof and of the expenses necessarily incurred by the convention, in the performance of its duties. The law submitting the question shall be published for the time, and in the manner provided in the preceding section as to proposed amendments.

Article XIV: Legislative Apportionment

Until otherwise provided by law senatorial and representative districts shall be formed, and senators and representatives apportioned thereto, as follows.

Senatorial Districts

District number one shall consist of the county of Richardson, and be entitled to one senator.

District number two shall consist of the county of Nemaha, and be entitled to one senator.

District number three shall consist of the county of Otoe, and be entitled to two senators.

District number four shall consist of the county of Cass, and be entitled to one senator.

District number five shall consist of the counties of Saunders and Sarpy, and be entitled to one senator.

District number six shall consist of the county of Douglas, and be entitled to three senators.

District number seven shall consist of the county of Washington, and be entitled to one senator.

District number eight shall consist of the county of Dodge, and be entitled to one senator.

District number nine shall consist of the counties of Cuming, Burt and Stanton, and be entitled to one senator.

District number ten shall consist of the counties of Dakota, Dixon, Cedar, L'Eau Qui Court, Antelope, Madison, Pierce, and Wayne, and shall be entitled to one senator.

District number eleven shall consist of the counties of Platte, Colfax, Boone, Merrick, Hamilton, Polk, York, and Butler and be entitled to one senator.

District number twelve shall consist of the counties of Saline, Seward, and Jefferson, and be entitled to one senator.

District number thirteen shall consist of the counties of Johnson and Gage, and be entitled to one senator.

District number fourteen shall consist of the county of Lancaster, and be entitled to one senator.

District number fifteen shall consist of the county of Pawnee, and be entitled to one senator.

District number sixteen shall consist of the county of Hall and all other counties and territory not included in any other senatorial district, and be entitled to one senator.

Representative Districts

District number one shall consist of the county of Richardson, and be entitled to four members.

District number two shall consist of the county of Nemaha, and be entitled to three members.

District number three shall consist of the county of Otoe, and be entitled to six members.

District number four shall consist of the county of Cass, and be entitled to four members.

District number five shall consist of the county of Sarpy, and be entitled to one member.

District number six shall consist of the county of Douglas, and be entitled to nine members.

District number seven shall consist of the county of Washington, and be entitled to two members.

District number eight shall consist of the county of Burt, and be entitled to one member.

District number nine shall consist of the county of Dakota, and be entitled to one member.

District number ten shall consist of the counties of Cedar, L’Eau Qui Court, Antelope, Pierce, and Wayne, and be entitled to one member.

District number eleven shall consist of the counties of Madison and Stanton, and be entitled to one member.

District number twelve shall consist of the county of Cuming, and be entitled to one member.

District number thirteen shall consist of the county of Dodge, and be entitled to two members.

District number fourteen shall consist of the county of Colfax, and be entitled to one member.

District number fifteen shall consist of the county of Platte, and be entitled to one member.

District number sixteen shall consist of the counties of Butler and Polk, and be entitled to one member.

District number seventeen shall consist of the counties of Merrick, Howard, Sherman, Valley, Greeley, and Boone, and be entitled to one member.

District number eighteen shall consist of the county of Hall, and be entitled to one member.

District number nineteen shall consist of the county of Pawnee, and be entitled to two members.

District number twenty shall consist of the county of Gage, and be entitled to one member.

District number twenty-one shall consist of the county of Johnson, and be entitled to one member.

District number twenty-two shall consist of the county of Lancaster, and be entitled to three members.

District number twenty-three shall consist of the county of Saunders, and be entitled to two members.

District number twenty-four shall consist of the county of Seward, and be entitled to one member.

District number twenty-five shall consist of the county of Saline, and be entitled to one member.

District number twenty-six shall consist of the counties of Jefferson and Thayer, and be entitled to one member.

District number twenty-seven shall consist of the county of Lincoln, and be entitled to one member.

District number twenty-eight shall consist of the counties of York, Hamilton, Clay, Fillmore, and Nuckolls, and be entitled to one member.

District number twenty-nine shall consist of the county of Dixon, and be entitled to one member.

District number thirty shall consist of the county of Kearney, and all other counties and territory not included in any other representative district, and be entitled to one member.

[Article XV:] Schedule

Section 1

That no inconvenience may arise from the revisions and changes made in the constitution of this state, and to carry the same into effect, it is hereby ordained and declared that all laws enacted, to take effect hereafter, and all laws in force at the time of the adoption of this constitution, not inconsistent therewith, and all rights, actions, prosecutions, claims and contracts of this state, individuals or bodies corporate, shall continue to be as valid as if this constitution had not been adopted.

Section 2

All fines, taxes, penalties, and forfeitures due and owing to the state of Nebraska, or to the people thereof, under the present constitution and laws, shall inure to the use of the people of the state of Nebraska under this constitution.

Section 3

Recognizances, bonds, obligations, and all other instruments entered into or executed before the adoption of this constitution, to the people of the state of Nebraska, to the state of Nebraska, to any state or county officer, or public body, shall remain binding and valid, and rights and liabilities upon the same shall continue; and all crimes and misdemeanors shall be tried and punished as though no change had been made in the constitution of this state.

Section 4

All existing courts which are not in this constitution specifically enumerated, and concerning which no other provision is herein made, shall continue in existence and exercise their present jurisdiction until otherwise provided by law.

Section 5

All persons now filling any office or appointment shall continue in the exercise of the duties thereof, according to their respective commissions, elections or appointments, unless by this constitution it is otherwise directed.

Section 6

The district attorneys now in office shall continue during their unexpired terms to hold and exercise the duties of their respective offices in the judicial districts herein created, in which they severally reside. In each of the remaining districts, one such officer shall be elected at the first general election, and hold his office until the expiration of the terms of those now in office.

Section 7

This constitution shall be submitted to the people of the state of Nebraska for adoption or rejection, at an election to be held on the third Tuesday in September, 1871, and there shall be separately submitted, at the same time, for adoption or rejection, the independent section relating to the liability of stockholders in banking corporations, companies and associations; the independent article prohibiting county and municipal aid to corporations; the section relating to compulsory education and reformatory schools; and the section relating to inhibition and license, and the section relating to the extension of the right of suffrage. At said election the qualified electors shall vote at the usual places of voting, and the said election shall be conducted, and the returns thereof made according to the laws now in force, regulating general elections, except as herein otherwise provided.

Section 8

The secretary of state shall, at least ten days before said election, cause to be delivered to the county clerk of each county blank poll books, tally lists, and forms of return, and twice as many properly prepared printed ballots, for the said election, as there are voters in such county, the expense whereof shall be audited and paid as other public printing ordered by the secretary is by law required to be audited and paid: and the several county clerks shall at least five days before said election cause to be distributed to the judges of election, in each election precinct in their respective counties, said blank poll books, tally lists, forms of return and tickets.

Section 9

At the said election the ballots shall be in the following form.

New Constitution Ticket

“For all the propositions on this ticket which are not canceled with ink or pencil; and against all propositions which are so canceled.”

For the new constitution.

For the independent section relating to the liability of stockholders in banking corporations, companies and associations.

For the independent article prohibiting county and municipal aid to corporations.

For the section relating to compulsory education and reformatory schools.

For the section relating to inhibition and license.

For the section relating to the extension of the right of suffrage.

Each of said tickets shall be counted as a vote cast for each proposition thereon not canceled with ink or pencil, and against each proposition so canceled, and returns thereof shall be made accordingly by the judges of election.

Section 10

The returns of the whole vote cast, and of the votes for the adoption or rejection of this constitution, and for or against the articles and sections respectively submitted, shall be made by the several county clerks, to the secretary of state, within fourteen days after the election; and the returns of the said votes shall, within three days thereafter, be examined and canvassed by the president of this convention, the secretary of state, and the auditor, or any two of them, and proclamation shall be made forthwith by the president of this convention, or the secretary of state, of the result of the canvass.

Section 11

If it shall appear that a majority of the votes polled are “for the new constitution,” then so much of this constitution as was not separately submitted to be voted on by articles and sections shall be the supreme law of the state of Nebraska, on and after the eighth day of October, 1871; but if it shall appear that a majority of the votes polled were against the new constitution, then the whole thereof, including the articles and sections separately submitted, shall be null and void.

If the votes “for the new constitution” shall adopt the same, and it shall appear that a majority of the votes polled are “for the independent section relating to the liability of stockholders in banking corporations, companies and associations,” said section shall be a part of the constitution of this state, and shall be substituted for section 7 of the article entitled “corporations,” otherwise such independent section shall be null and void.

If the votes “for the new constitution” shall adopt the same, and it shall appear that a majority of the votes polled are “for the independent article prohibiting county and municipal aid to corporations,” said article shall be a part of the constitution of this state, and shall be substituted for article number xi, entitled “county and municipal aid to corporations,” otherwise such independent article shall be null and void.

If the votes “for the new constitution” shall adopt the same, and it shall appear that a majority of the votes polled are “for the section relating to compulsory education and reformatory schools” said section shall be a part of the constitution of this state, and be section 14, of article vii entitled “Education;” otherwise such section shall be null and void.

If the votes “for the new constitution” shall adopt the same, and it shall appear that a majority of the votes polled are “for the section relating to inhibition and license” said section shall be a part of the constitution of this state and be section 4 of article xii; otherwise such section shall be null and void.

If the votes, “for the new constitution,” shall adopt the same, and it shall appear that a majority of the votes polled are “for the section relating to the extension of the right of suffrage,” said section shall be a part of the constitution of this state, and be section number —, of article number —; otherwise such section shall be null and void.

Section 12

The general election of this state shall be held on the Tuesday succeeding the first Monday of November of each year. All state, district, county, precinct, and township officers, by the constitution or laws made elective by the people, except school district officers and municipal officers in cities, villages, and towns, shall be elected at a general election to be held as aforesaid. Judges of the supreme, district, and county courts, all elective county and precinct officers, and all other elective officers, the time for the election of whom is not herein otherwise provided for, and which are not included in the above exception, shall be elected at the first general election after the adoption of this constitution, and thereafter at the general election next preceding the time of the termination of their respective terms of office.

Provided, that at the first election of the judges of the supreme court, herein provided for, no elector shall vote for more than two candidates for such offices, and the three persons having the highest number of votes shall be declared elected.

Section 13

The terms of office of all state and county officers, of judges of the supreme, district and county courts, members of the legislature, and regents of the university, shall begin on the first day of January next succeeding their election.

Section 14

The present state and county officers, members of the legislature, and regents of the university shall continue in office until their successors shall be elected and qualified.

Section 15

The supreme court, the district courts, and the county courts established by this constitution, shall be the successors respectively of the supreme court, the district courts and the probate courts, having jurisdiction under the existing constitution.

Section 16

The supreme court and the district and the probate courts, now in existence, shall continue, and the judges thereof shall exercise their powers and retain their present jurisdiction until the courts provided for by this constitution shall be organized.

Section 17

All cases, matters and proceedings, pending undetermined in the several courts, and all records, judgments, orders and decrees, remaining therein, are hereby transferred to, and shall be proceeded in and enforced in and by the successors thereof, respectively.

Section 18

If this constitution be adopted, the existing constitution shall cease in all its provisions.

Section 19

The provisions of this constitution, required to be executed prior to the adoption or rejection thereof, shall take effect and be in force immediately.

Section 20

The legislature shall pass all laws necessary to carry into effect the provisions of this constitution.

Section 21

On the taking effect of this constitution all state officers thereby continued in office, shall, before proceeding in the further discharge of their duties, take an oath or affirmation to support this constitution.

Section 22

This constitution shall be enrolled and deposited in the office of the secretary of state, and printed copies thereof shall be prefixed to the books containing the laws of this state, and all future editions thereof.

Propositions Separately Submitted

Liabilities of Stockholders in Banking Companies, Corporations and Associations

Each stockholder in a banking corporation, company, or association shall be individually responsible and liable to its creditors, over and above the amount of stock by him or her held, to an amount equal to twice the entire amount of his or her respective stock or shares so held, for all its liabilities accruing while he or she remains such stockholder.

Prohibiting County and Municipal Aid to Corporations

No county, city, town, township or other municipality shall ever become subscriber to the capital stock of any railroad, or private corporation, or make donation to or loan its credit in aid of such corporation. Provided, however, that the adoption of this article shall not be construed as affecting the right of any such municipality to make such donation where the same has been authorized under existing laws by a vote of the people of such municipalities prior to such adoption.

Compulsory Education and Reformatory Schools

The legislature may require by law that every child of sufficient mental and physical ability, between the ages of eight and sixteen years, unless educated by other means, shall, in all cases when practicable, attend a public school supported by the common school fund, for some definite length of time each year to be fixed by law, and may establish a school or schools, for the safe keeping, education, employment and reformation of all children under the age of sixteen years, who for want of proper parental care or other cause, are growing up in mendicancy, ignorance, idleness, or vice, which school shall constitute a part of the system of common schools.

Inhibition and License

The legislature shall provide by general law for submitting to the electors of counties, cities, or towns in the state, the question of “inhibition” or “license” for the sale of intoxicating liquors, and shall prescribe the manner of carrying into effect the will of the people so expressed.

Extension of the Right of Suffrage

The legislature may extend by law the right of suffrage to persons not herein enumerated, but no such law shall be in force until the same shall have been submitted to a vote of the people at a general election, and approved by a majority of all the votes cast on that question at such election.

Attestation

Done in Convention, at the Capitol, in the city of Lincoln, on the nineteenth day of August, in the year of our Lord one thousand eight hundred and seventy-one, and of the independence of the United States of America, the ninety-sixth. In witness whereof, we have hereunto subscribed our names.

Silas A. Strickland, President.

O. A. Abbott, Jas. E. Philpott, Waldo Lyon, M. Ballard, Barzillai Price, S. P. Majors, J. E. Boyd, H. M. Reynolds, O. P. Mason, John Nelson Cassell, Seth Robinson, Charles F. Manderson, W. H. Curtis, R. F. Stevenson, Gilbert B. Scofield, John C. Campbell, Alex. S. Stewart, Chas. A. Speice, Jas. W. Eaton, A. L. Sprague, Jacob Shaff, Experience Estabrook, Edwin N. Grenell, E. W. Thomas, Pelham S. Gibbs, Enos F. Gray, Geo. H. Thummel, Geo. C. Granger, N. K. Griggs, F. A. Tisdel, Jr., Samuel Maxwell, Isaac S. Hascall, Edwin S. Towle, D. T. Moore, B. I. Hinman, Victor Vifquain, John C. Myers, J. A. Kenaston, Eleazer Wakeley, D. J. McCann, James Kilburn, A. J. Weaver, John D. Neligh, S. M. Kirkpatrick, John Wilson, B. J. Newsom, Geo. B. Lake, James M. Woolworth.

Attest: L. L. Holbrook, Secretary; Louis E. Cropsey, Assistant Secretary.

Notes

1. The original word printed here was "wherever," but context indicates that it was a mistake for the word "whenever."
2. This was originally a comma, but later sources indicated it should have been a semicolon in order to be consistent with the overall style of the rest of the document.
3. This word "the" was accidentally omitted from the original version and is added by later sources.
4. Later sources state that, in order to express the intended meaning, the construction of this sentence should be changed to "The suspension of specie payments on their circulation, by banking institutions created by the laws of this state, shall never be permitted or sanctioned."

References

1. Watkins, Albert (1913). Official Report of the Debates and Proceedings in the Nebraska Constitutional Convention. Nebraska State Historical Society. 
2. Sheldon, Addison E. (1920). Nebraska Constitutions of 1866, 1871 & 1875 and Proposed Amendments Submitted to the People, September 21, 1920. American Printing Company. 
3. "The Constitution of the State of Nebraska", West Point Republican, September 1, 1871