USA > Nebraska > The history and government of Nebraska > Part 8
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(c) College of law.
(d) College of medicine, only preparatory course having been established.
(e) College of fine arts.
3 .- Tuition free and advantages open to all without regard to sex or color.
4 .- Summer school for teachers is held.
5 .- "University Extension" affords instruction to the public through lectures.
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Civil Government of Nebraska.
in harmony with the rest. The university and the normal school may be called public schools as well as the lower grades.
V .- PUBLIC INSTITUTIONS.
Not only does the State offer education gener- ously to its citizens, but it extends its protection and care to the unfortunate. It is thus that the ne- cessity arises for what the law calls charitable and
CARE penal institutions. The blind are offered a
FOR home and free instruction at the Institute SPE-
CIAL
CLASS- for the Blind at Nebraska City. Here they ES. are taught the rudiments of an English education and music, and instruction is also given in several trades, such as broom making, basket making, piano tuning, etc. The deaf and dumb are offered similar advantages at the institute PART
OF THE at Omaha. The feeble-minded youth of EDUCA-
TIONAL
SYS- the State are also offered a home and in- TEM. struction at the institution located at Be-
atrice. At all these institutions, which are as purely educational as the university and normal school, instruction is given in accordance with the highest scientific authority. Not only is the instruction free, but a good home is offered. Furthermore when any of these wards are unable to provide proper clothing or to pay railroad fare, the authorities of the institutions are authorized to provide for such cases and charge the same to the county from which the ward comes.
The industrial or reform schools of the State-
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The State.
the one for boys at Kearney and the one for girls at Geneva-should also be classed as educational institutions. Those children who refuse to receive instruction offered at home, and who show by their conduct that they are likely to become bad citi- zens, are sent by local authorities to these schools.
Here they are given an elementary educa-
OBJECT:
TO tion in the English branches and are taught useful trades, being treated in such a way
RAISE THE STAND-
ARD OF as usually to develop honor and industry. CITI- ZEN - This is all done at the expense of the
SHIP. State, for the purpose of raising the standard of useful citizenship.
The purpose of the home for women at Milford, and the home for the friendless at Lincoln, are also in the line of raising the standard of morals and adding to the ranks of good citizens. At the latter institution, orphaned and friendless children are received, cared for, and provided with good homes.
There is a growing idea that a penitentiary also should be for reform, rather than for discipline. IDEA OF Be that as it may, the influence upon the A PENI- convicts of learning trades must result in TEN- TIARY. more or less education. It is even pro- posed to establish a school within the penitentiary. Insane hospitals are too frequently mere places of confinement. It is a benefit to the public to have the State care for the insane, but it is char- ity to them to be treated as patients, not as con- victs.
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Civil Government of Nebraska.
Although these public institutions cannot be sharply classified, yet a general analysis may be made as follows :-
(a)-EDUCATIONAL.
1. State Industrial or Reform Schools,
(1) for boys, at Kearney.
(2) for girls, at Geneva.
2. Institution for the Deaf and Dumb, at Omaha.
3. Institution for Feeble-minded- Youth, at Beatrice.
4. Institution for the Blind, at Nebraska City. (b)-CHARITABLE.
1. Soldiers' and Sailors' Home, at Grand Is- land.
2. Milford Home for Women, at Milford.
3. Home for the Friendless, at Lincoln.
4. Insane Hospitals,
(1) at Lincoln.
(2) at Norfolk.
(3) at Hastings, for incurable insane. (c)-PENAL.
1. State Penitentiary, at Lincoln.
125
Federal Relations.
VI .- FEDERAL RELATIONS.
The Federal government is almost a stranger to the every day life of the people. The common dealings of men have to do with the State. POWERS OF THE Nevertheless the United States has ob- U. S. tained some important rights under the constitution which was adopted in 1788. Besides the powers that belong to a government dealing with other nations, powers necessary to its sup- port, such as taxation, are conferred upon it. No insignificant amount of revenue is collected in this State every year for the United States gov- vernment.1 Usually the most manifest evidence of the power of a nation is its military. The power which a European nation shows to other governments or to its own people, is an extensive army and navy. This is not true of the United States, which has relied very little on its army and navy to retain its place among the nations or its control over its own territory. How, then, does the power of the United States appear in Nebraska? Probably its ever-present author-
1 During the years from isso to 1890 the following amounts of inter- nal revenue have been collected from Nebraska and Dakota, 1550-1553 being from Nebraska alone, and the remainder coming from Nebraska and the two Dakotas.
1880 S 912,734.86 1884 $1,515.816 43 | 18%%. .$2.774,269.38
18 1 .. 962,064.56
1`S5.
.. 1,971,2 9.12
1859 .. 2.244,624 19
1882 1,105,191.15
18 6 1,674,013.12 1890. 2,969,745.17
1883. 1,320,517.24 1887 2,393,404.70
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Civil Government of Nebraska.
ity is nowhere seen so well as in its courts. Not FEDERAL only does the State of Nebraska have a COURTS. system of courts, but the Federal gov- ernment also maintains one or more courts in each state. Nebraska is concerned with only one of the nine circuits into which the states are grouped.1 Every state in this eighth circuit except three, forms one Federal judicial district, in which a judge holds court. A circuit court is held in each district by one of the two circuit judges which are appointed. In his absence the district judge may open circuit court and hear cases that belong to it, at the same time that district court is in session. Formerly there were only the three courts of the United States with which a state was concerned, the district, the circuit, and the supreme court. Lately (1891) a new court has been estab- lished in each circuit, called the circuit court of appeals. It is held at St. Louis for the eighth cir- cuit. Three judges compose this court. The
circuit justice, who is the United States supreme court judge assigned to the eighth circuit, together with the two circuit judges, may constitute
CIR - the appeal court. If one or more of these CUIT
COURT
OF AP-
is away, a district judge may take his
PEALS. place. Special district judges are desig-
nated for this purpose. Before the establishment of this new court, the decision of a circuit court
1 The eighth circuit now (1892) embraces Arkansas, Iowa, Missouri, Colorado, Kansas, Minnesota, Nebraska, North Dakota, South Dakota, Wyoming, Indian Territory, New Mexico, Oklahoma, and Utah.
127
Federal Relations.
was final, except in cases involving over $5,- 000. Above this cases could be taken to the supreme court. The new circuit court of appeals has authority to hear any case that has JURIS.
DIC-
been tried in the lower courts of the
TION. United States, but cases involving more than $5,000 may be carried to Washington.
Among the Federal administrative officers in Nebraska, the district attorney is the business ADMINIS- agent of the Nation. In any matter aris- TRATIVE ing in connection with mail, revenue or BUSINESS. commerce, he represents the central gov- ernment and acts for it in all suits. In any case concerning the amount of duty on imports
or concerning national banks, the district
DIS-
TRICT attorney is counsel for the United States. ATTOR-
NEY. The post office, which involves a great deal of traffic, is under the immediate control of an executive officer. The laws governing it, how- POST ever, are made by congress. The post OFFICE. office system has developed under the care of the Nation. From the postmaster general, in the cabinet, down to the least clerk in a coun- try post-office, there are a very large number of employees, who were formerly appointed by the president, the post-master general, and his sub- ordinates. Now, however, a far better plan has been introduced. It opens the positions to com- petition, and provides examinations for applicants. This plan, known as the civil service move- ment, is a step in removing the. "spoils"
128
Civil Government of Nebraska.
system, or the system of rewarding partisans with
CIVIL office. Beginning with the most impor-
SER- tant clerkships in the executive depari-
VICE
RE- ment, it has been gradually extended to FORM.
the lower positions and also to other de- partments of the government.
Many students have already heard about the "Original Package" bill. This involves the fact
COM- that the United States has control of all MERCE. commerce between states.
When a case arises concerning goods carried from one state to another, it must come before the United States courts. In connection with commercial relations, it is pertinent to ask what is meant by Lincoln and Omaha being ports of entry. PORTS OF Not all customs that are levied upon ENTRY. goods brought into this country are col- lected at the harbor or place where the goods en- ter our boundaries. In order that the goods may not have to be unpacked and packed again, the United States establishes custom houses in the interior, where all imports may be inspected and taxed according to the laws of congress. The places where such custom houses are located are called ports of entry.
Since the first grants of land to the Union Pa- cific railroad during the territorial period, many thousands of acres of land have been given for the same purpose. The United States has taken such a part in starting these great projects as
129
Federal Relations.
public highways, that the question has arisen RAIL- whether the Nation ought not to own ROADS. them. Railroads carry so much freight and are used so extensively for traveling that they are of more than state importance. Nevertheless the State attempts to regulate the charges for freight and passengers, by the board of trans- portation.
Another subject of importance which the Na- tion controls is the banking system. The laws of Nebraska regulate how the business may be car- NA-
ried on here, but national banks are TIONAL formed under the laws of the United BANKS. States. Among the advantages of the system are great security for depositors and uni- formity in bank notes.
The state shares in the national government through its representatives. Every state is entitled
CON- to have two in the senate and as many in
GRESS. the house as its population entitles it to. have. The senators represent the states as equal units, but in the house the number SENA- TORS. from each state is according to popu- lation. The number of people which one con- gressman represented at the beginning of
REPRE- the national government in 1788 was 30,-
SENTA- TIVES. 000. Now it has increased to 173,901. The grouping of counties for the six districts are shown in the accompanying map. Although a congressman is chosen in the autumn, his term of office does not begin until the following March 4.
9
ـن
.
...
CONGRESSIONAL
DISTRICTS.
LAW OF 1891
-
9
¢
€
..
. . ..
131
Federal Relations.
Usually, however, congress does not meet until the December after that, so that it is a year from the time a representative is elected before he has a chance to take his seat.
-
133
Constitution of Nebraska.
APPENDIX I.
-
CONSTITUTION OF NEBRASKA.
ADOPTED 1875.
PREAMBLE.
We, the people, grateful to Almighty God for our freedom, do ordain and establish the following declaration of rights and frame of government, as the constitution of the State of Nebraska:
ARTICLE I .- BILL OF RIGHTS.
SECTION 1. All persons are by nature free and independent, and have certain inherent and inalienable rights; among these are life, liberty, and the pursuit of happiness. To se- cure these rights, and the protection of property, govern- ments are instituted among people, deriving their just pow- ers from the consent of the governed.
SEC. 2. There shall be neither slavery nor involuntary servitude in this State, otherwise than for the punishment of crime, whereof the party shall have been duly convicted.
SEC. 3. No person shall be deprived of life, liberty, or prop- erty, without due process of law.
SEC. 4. All persons have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No person shall be compelled to attend, erect, or support any place of worship against his consent, and no preference shall be giveu by law to any religious so- ciety, nor shall any interference with the rights of conscience be permitted. No religious test shall be required RELI- as a qualification for office, nor shall any person GIOUS FREE- DOM. be incompetent to be a witness on account of his religious belief; but nothing herein shall be con- strued to dispense with oaths and affirmations. Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the legislature to pass suitable laws to protect every religious denomina- tion in the peaceful enjoyment of its own mode of public wor- ship, and to encourage schools and the means of instruction.
134
Civil Government.
SEC. 5. Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that lib- erty; and in all trials for libel both civil and criminal, the truth, when published with good motives and for justifia- ble ends, shall be a sufficient defense.
SEC. 6. The right of trial by jury shall remain inviolate, but the legislature may authorize trial by a jury of a less number than twelve men, in courts inferior to the district court.
SEC. 7. The right of the people to be secure in their per- sons, houses, papers, and effects against unreasonable
SEARCH searches and seizures, shall not be violated; and ANDSET_NO warrant shall issue but upon probable cause, ZURE. supported by oath or affirmation, and particu-
larly describing the place to be searched and the person or thing to be seized.
SEC. 8. The privilege of the writ of habeas corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety requires it and then only in such manner as shall be prescribed by law.
SEC. 9. All persons shall be bailable by sufficient sureties, except for treason and murder, where the proof is evident or
BAIL. the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
SEC. 10. 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 case of CRIMI- impeachment, and in cases arising in the army and NAL OF_navy or in the militia, when in actual service in FENSES. time of war or public danger, unless on a present- ment or indictment of a grand jury; Provided, That the legislature may, by law, provide for holding persons to answer for criminal offenses on information of a public prosecutor, and may by law abolish, limit, change, amend, or otherwise regulate the grand jury system.
SEC. 11. In all criminal prosecutions the accused shall have the right to appear and defend in person or by counsel, to demand the nature and cause of accusation,
IMPAR-
TIAL and to have a copy thereof; to meet the witnesses TRIAL. against him face to face; to have process to com- pel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or dis- trict in which the offense is alleged to have been committed.
SEC. 12. No person shall be compelled, in any criminal case, to give evidence against himself, or be twice put in jeopardy for the same offense.
SEC. 13. All courts shall be open, and every person, for any injury done him in his lands, goods, person or reputa-
135
Constitution of Nebraska.
tion, shall have a remedy by due course of law, and justice administered without denial or delay.
SEC. 14. Treason against the State shall consist ouly in levying war against the State, or in adhering to its enemies,
TREA- giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two SON. witnesses to the same overt act, or on confession in open court.
SEC. 15. All penalties shall be proportioned to the nature of the offense, and no conviction shall work cor-
PENAL-
TIES. ruption of blood or forfeiture of estate; nor shall
any person be transported out of the State for any offense committed within the State.
SEC. 16. No bill of attainder, ex post facto law, or lawim- pairing the obligation of contracts, or making any irrevoca- ble grant of special privileges or immunities, shall be passed.
SEC. 17. The military shall be in strict subordination to the civil power.
SEC. 18. No soldier shall, in time of peace, be quartered in any house without the consent of the owner; nor in time of war, except in the manner prescribed by law.
SEC. 19. The right of the people, peaceably to assemble to consult for the common good, and to petition the govern- ment or any department thereof, shall not be abridged.
SEC. 20. No person shall be imprisoned for debt in any civil action, mesne or final proceedings, unless in cases of fraud.
SEC. 21. The property of no person shall be taken or dan- aged for public use without just compensation therefor.
SEC. 22. 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.
SEC. 23. The writ of error shall be a writ of right in all cases of felony ; and in capital cases shall operateas a super- sedeas to stay the execution of the sentence of death until the further order of the supreme court in the premises.
SEC. 24. Theright to be heard in all civil cases in thecourt of last resort, by appeal, error, or otherwise shall not be denied.
SEC. 25. No distinction shall ever be made by law between resident aliens and citizens in reference to the possession, en- joyment, or descent of property.
SEC. 26. This enumeration of rights shall not beconstrued to impair or deny others retained by the people, and all pow- ers not herein delegated remain with the people.
ARTICLE II .- DISTRIBUTION OF POWERS.
SECTION 1. The powers of the government of this Stateare divided into three distinct departments : the legislative, ex- ecutive, and judicial, and no person, or collection of persons,
136
Civil Government.
being one of these departments, shall exercise any power properly belonging to either of the others, except as herein- after expressly directed or permitted.
ARTICLE III .- LEGISLATIVE.
SECTION 1. The legislative authority is vested in a senate and house of representatives.
SEC. 2. The legislature shall provide by law for an enu- meration of theinhabitants of the State in the year eighteen hundred and eighty-five, and every ten years thereafter; and at its first regular session after each enumeration, and also CENSUS. after each enumeration made by the authority of the United States, but at no other time, the legis- lature shall apportion the senators and representatives ac- cording to the number of inhabitants, excluding Indians not taxed and soldiers and officers of the United States army and navy.
-
SEC. 3. The number of representatives shall never exceed one hundred, nor that of senators thirty-three. The sessions of the legislature shall be biennial, except as otherwise pro- vided in the constitution.1
SEC. 4. The terms of office of members of the legislature shall be two years, and they shall each receive for their ser- vices three dollars for each day's attendance dur- TERM ing the session, and ten cents for every mile they OF OF- FICE shall travel in going to and returning from the AND place of meeting of the legislature on the most COM- PENSA- usual route; Provided, however, That they shall not receive pay for more than forty days at any one session ; and neither members of the legislature nor employees shall receive any pay or perquisites other than their pay per diem and mileage.
TION.
SEC. 5. No person shall be eligible to the office of senator or member of the house of representatives, who shall not be an elector, and have resided within the district
TIONS.
QUALI- FICA- from which heis elected for the term of one year next before his election, unless he shall have been ab- sent 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.
SEC. 6. No person holding office under the authority of the United States, or any lucrative office under the authority of this State, shall be eligible to or have a seat in the legis- lature; but this provision shall not extend to precinct or township officers, justices of the peace, notaries public, or of- ficers of the militia; nor shall any person interested in a contract with, or an unadjusted claim against the State, hold a seat in the legislature.
I First half omitted. It applied to legislature only before 1880.
,
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Constitution of Nebraska.
SEC. 7. The session of the legislature shall commence at
twelve o'clock (noon) on the first Tuesday in Jan-
SES-
TIME OF uary, in the year next ensuing the election of mem-
SION. bers thereof, and at no other time, unless as pro- vided 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 qualifica-
QUO-
RUM. tions of its members ; shall choose its own officers; and the senate shall choosea 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 tempor- ary presiding officer thereof shall havebeen chosen and shall have taken his seat. No member shall be expelled
ORGAN- by either house, except by a vote of two-thirds of IZA- all the members elected to that house, and no mem-
TION. ber 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 pres- ence, but no such imprisonment shall extend beyond twenty- four hours at one time, unless the person shall persist in such disorderly or contemptuous behavior.
SEC. 8. 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.
JOUR- All votes in either house shall be vira voce. The
NAL. doors of each house and of the committee of the
PUB- whole shall be open, unless when the business shall
LICITY. be such as ought to be kept secret. Neither house shall, without the consent of the other, adjourn for more than three days.
SEC. 9. Any bill may originate in either house of the leg- islature, except bills appropriating money, which shall origi- nate only in the house of representatives, and all bills passed by one house may be amended by the other.
SEC. 10. The enacting clanse of a law shall be, " Be it en- acted by the Legislature of the State of Nebraska," and no law shall be enacted except by bill. No bill shall ENACT- be passed unless by assent of a majority of all the ING members elected to each house of the legislature.
CLAUSE And the question upon the final passage shall be
LAWS.
OF taken immediately upon its last reading, and the yeas and nays shall be entered upon the journal.
SEC. 11. 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
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Civil Government.
vote is taken upon its final passage. No bill shall contain BILLS. expressed in its title. And nolaw shall be amended more than one subject, and the same shall be clearly unless the new act contains the section or sections so amended, and the section or sections so amended shall be repealed. 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.
SEC. 12. 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 fif- teen days next before the commencement and after the ter- mination thereof.
SEc. 13. No person elected to the legislature shall receive any civil appointment within this State, from the governor and senate 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 appoint-
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