USA > Nebraska > The history and government of Nebraska > Part 9
Note: The text from this book was generated using artificial intelligence so there may be some errors. The full pages can be found on Archive.org (link on the Part 1 page).
Part 1 | Part 2 | Part 3 | Part 4 | Part 5 | Part 6 | Part 7 | Part 8 | Part 9 | Part 10 | Part 11
QUALI- FICA- TIONS. ment, shall be void. Nor shall any member of the legislature, orany state officer, be interested, either directly or indirectly, in any contract with the State, county, or city, authorized by any law passed during the term for which he shall have been elected, or within one year after the expiration thereof.
NEc. 14. The senate and house of representatives, in joint convention, shall have the sole power of impeachment, but a majority of the members elect must concur therein. Upon the entertainment of a resolution to impeach by either house, the other house shall at once be notified thereof, and the two houses shall meet in joint convention for the purpose of acting upon such resolution within three days of such no- tification. A notice of an impeachment of any officer other than a justice of the supreme court, shall be forthwith served upon the chief justice by the secretary of the senate, who shall thereupon call a session of the supreme court to meet at the capital within ten days after such notice to try the impeachment. A notice of an impeachment of a justice of the supreme court shall be served by the secre- IM- PEACH- tary of the senateupon the judge of the judicial dis- MENT. trict within which the capital is located, and he thereupon shall notify all the judges of the district court in the State to meet with him within thirty days at the capital, to sit as a court to try such impeachment, which court shall organize by electing one of its number to preside. No person shall beconvicted without the concurrence of two- thirds of the members of the court of impeachment, but judgment in cases of impeachment shall not extend further than removal from office and disqualification to holdl and eu- oy any office of honor, profit, or trust in this State, but the
139
Constitution of Nebraska.
party impeached, whether convicted or acquitted, shall nev- ertheless be liable to prosecution and punishment according to law. No officer shall exercise his official duties after he shall have been impeached and notified thereof. until heshall have been acquitted.
SEC. 15. 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 high- ways.
Vacating roads, town plats, streets, alleys, and public grounds.
Locating or changing county seats.
Regulating county and township offices.
Regulating the practice of courts of justice.
Regulating the jurisdiction and duties of justices of the peace, police magistrates, and constables.
Providing for changes of venuein 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, incor- porated towns, or cities.
Summoning or empaneling grand or petit juries.
Providing for bonding of cities, towns, precincts, school districts, or other municipalities.
Providing for the management of public schools.
Regulating the interest on money.
The opening and conducting of any election, or designat- ing 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. and 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 purpose.
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.
SEC. 16. The legislature shall never grant any extra con- pensation to any public officer, agent, servant, or contractor, EXTRA after the services shall have been rendered, or the COM- PENSA. contract entered into. Nor shall the compensation TION. of any public officer be increased or diminished during his term of office.
140
Civil Government.
SEC. 17. The legislature shall never alienate the salt springs belonging to the State.
SEC. 18. Lands under the control of the State shall never be donated to railroad companies, private corporations, or individuals.
SEC. 19. Each legislature shall make appropriations for the expenses of the government until the expiration of the first fiscal quarter after the adjournment of the next regular session, and all appropriations shall end with such fiscal quarter. And whenever it is deemed necessary to
APPRO- make further appropriations for deficiencies, the PRIA- TION. same shall require a two-thirds vote of all the mem- bers elected to each house, and shall not exceed the amount of revenue authorized by law to be raised in such time. Bills making appropriations for the pay of members and officers of the legislature, and for the salaries of the of- ficers of the government, shall contain no provision on any other subject.
SEC. 20. All offices created by this constitution shall be- come vacant by the death of the incumbent, by removal from
VACAN- the State, resignation, conviction of a felony, im-
CIES. peachment, or becoming of unsound mind. And the legislature shall provide by general law for the filling of such vacancy when no provision is made for that purpose in this constitution.
SEC. 21. The legislature shall not authorize any games of chance, lottery, or gift enterprise under any pretense, or for any purpose whatever.
SEC. 22. No allowance shall be made for the incidental ex- penses of any state officer except the same be made by gen- eral appropriation and upon an account specifying each item. No money shall be drawn from the treasury except in pursuance of a specific appropriation made by law, and on the presentation of a warrantissned by the auditor thereon,
and no money shall be diverted from any appro-
DRAW-
ING priation madefor any purpose, or taken from any MONEY. fund whatever, either by joint or separate resolu- tion. The auditor shall, within sixty days after the adjournment of each session of the legislature, prepare and publish a full statement of all moneys expended at snch ses- sion, specifying the amount of each item, and to whom and for what paid.
SEC. 23. No member of thelegislature shall be liable in any civil or criminal action whatever for words spoken in debate.
SEC. 24. No act shall take effect until three calendar months after the adjonrnment of the session at which it passed, unless in case of emergency (to be ex- WHEN pressed in the preamble or body of the act) theleg- ACTS TAKE islature shall, by a vote of two-thirds of all the EFFECT. members elected to each house otherwise direct. All laws shall be published in book form within sixty days
141
Constitution of Nebraska.
after the adjournment of each session, and distributed among the several counties in such manner as the legislature may provide.
ARTICLE [IV. ]-LEGISLATIVE APPORTIONMENT. ARTICLE V .- EXECUTIVE DEPARTMENT.
SECTION 1. The executive department shall consist of a gov- ernor, lieutenant-governor, secretary of state, auditor of pub- lic accounts, treasurer, superintendent of publicinstruction, attorney-general, and commissioner of public lands and OFFI- CERS OF buildings, who shall each hold his office for the term of two years from the first Thursday after EXECU- the first Tuesday in January next after his elec- TIVE DE- tion, and until his successor is elected and quali- PART- fied.1 The governor, secretary of state, auditor of MENT. public accounts and treasurer shall reside at the seat of government during their terms of office, and keep the public records, books, and papers there, and shall perform such duties as may be required by law.
SEC. 2. No person shall be eligible to the office of governor or lieutenant-governor, who shall not have attained to the age of thirty years, and been for two years next
QUALI-
FICA- preceding hiselection a citizen of the United States TIONS. and of this State. None of the officers of the exec- utive department shall be eligible to any other state office during the period for which they shall have been elected.
SEC. 3. The treasurer shall be ineligible to the office of treasurer for two years next after theexpiration of two con- secutive terms for which he was elected.
SEC. 4. The returns of every election for the officers of the executive department 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, im- mediately after the organization of the house, and before proceeding to other business, open and publish the ELEC- TION same in the presence of a majority of each house of the legislature, who shall, for that purpose, assem- TURNS. ble in the hall of the house of representatives .. The RE- 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 thehighest number of votes, the legislature shall, by joint vote, choose one of such per- sous for said office. Contested elections for all of said offices shall be determined by both houses of the legislature, by joint vote, in such manner as may be prescribed by law.
] A temporary provision omitted, which also states that each elec- tlon shall be held on Tuesday following the first Monday in November in even numbered years.
142
Civil Government.
SEC. 5. All civil officers of this State shall be liable to im- peachment for any misdemeanor in office.
SEC. 6. The supreme executive power shall be vested in the governor, who shall take care that the laws be faithfully executed.
SEC. 7. The governor shall, at the commencement of each session, and at the elose of his term of office, and whenever the legislature may require, give to the legislature informa- tion by message of the condition of the State, and shall rec- ommend such measures as heshall 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.
SEC. 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.
SEc. 9. In ease 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.
SEC. 10. The governor shall nominate and, by and with the advice and consent of the senate (expressed by a ma- jority of all the senators elected voting by yeas and nays), appoint all officers whose offices are established by this con- stitution, or which may be created by law, and whose ap- pointment or election is not otherwise by law or herein pro- vided for; and no such officer shall be appointed or elected by the legislature.
SEC. 11. In case of a vacancy during the recess of the senate, in any office which is not elective, the governor shall makea temporary appointment until the next meeting of the senate, when he shall nominate some person to fill such of- fice; and any person so nominated, who is confirmed by the senate (a majority of all the senators elected concurring by voting yeas and nays), shall hold his office during the re- mainder of the term, and until his successor shall be ap- pointed and qualified. No person, after being rejected by the senate, shall be again nominated for the same office at the same session, unless at request of the senate, or be ap- pointed to the same office during the recess of the legisla- ture.
SEC. 12. The governor shall have power to remove any officer whom he may appoint, in case of incompetency. neg-
143
Constitution of Nebraska.
lect 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.
SEC. 13. The governor shall have the power to grant re- prieves, commutations and pardous after conviction, for all offenses, except treason and cases of impeachment, upon sneh 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 session, when the legislature shall either pardon or commute the sentence, di- rect theexecution of the sentence, or grant a further reprieve. He shall communicate to the legislature, at every regular session, each case of reprieve, comuntation 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.
SEC. 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 insurrec- tion, and repel invasion.
SEC. 15. Every bill passed by the legislature, before it be- comes a law, and every order, resolution, or vote, to which the concurrence of both houses may be necessary (except on questions of adjournment), shall be presented to the gov- VETO ernor. If he approve, he shall sign it, and there- POWER, Upon it shall become a law, but if he do not ap- prove, 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 three-fifths 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 bereconsidered ; and if approved by three-fifths of the members elected to that house, it shall become a law, not- withstanding the objections of the governor. In all such cases, the vote of each honse 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 (Sun- day excepted), after it shall have been presented to him, shall become a law, in like manner as if he had signed it, un- less 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 adjourn- ment, or become a law. The governor may disapprove any item or items of appropriation contained in bills passed by the legislature, and the item or items so disapproved shall be
144
Civil Government.
stricken therefrom, unless re-passed in the manner herein pre- scribed in cases of disapproval of bills.
SEC. 16. In case of the death, impeachment, and notice thereof to the accused, failure to qualify, resignation, absence from the State, or other disability of the governor, the pow- ers, duties, and emoluments of the office for the residue of the term, or until the disability shall be removed, shall de- volve upon the lieutenant governor.
SEC. 17. The lieutenant governor shall be president of the senate, and shall vote only when the senate is equally divided.
SEC. 18. If there be no lieutenant governor, or if the lieu- tenant governor, for any of the causes specified in section sixteen 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 re- moved; and if the president of the senate for any of the above named causes, shall become incompetent of performing the duties of governor, the same shall devolve upon the speaker of the house of representatives.
SEC. 19. 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 con- trol of all the buildings, grounds, and lands of the State, the state prison, asylums, and all other institutions thereof, ex- cept those for educational purposes; and shall perform such duties, and be subject to such rules and regulations, as may be prescribed by law.
SEC. 20. If the office of auditor of public accounts, treas- urer, secretary of state, attorney-general, commissioner of public lands and buildings, or superintendent of public in- struction, shall be vacated by death, resignation, VACAN- or otherwise, it shall be the duty of the governor to CIES IN OFFICE. 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.
SEC. 21. An account shall be kept by the officers of the executive department, and of all the public institutions of the State, of all moneys received or disbursed by them sever- ally from all sources, and for every service performed, and a semi-annual report thereof be made to the governor, under oath, and any officer who makes a false report shall be guilty of perjury, and shall be punished accordingly.
SEC. 22. The officers of the executive department, and of all the publicinstitutions 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
145
Constitution of Nebraska.
the governor, or either house of the legislature, may, at any time require information in writing, under oath, from the of- ficers of the executive department, and all officers and man- agers of state institutions, upon any subject relating to the condition, management, and expenses of their respective offices.
SEC. 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.
SEC. 24. The salaries of the governor, auditor of public accounts, and treasurer, shall be two thousand five hundred ($2,500) dollars each per annum, and of the secretary of state, attorney-general, superintendent of publicinstruction, and commissioner of public lands and buildings, shall be two thousand ($2,000) dollars each per annum. The lieu-
SALA- RIES. tenant-governor shall receive twice the compen- sation of a senator, and after the adoption of this constitution they shall not receive to their own use any fees, costs, interest upon public moneys in their hands or under their control, perquisites of office or other compen- sation, and all fees that may hereafter be payable by law for services performed by an officer, provided for in this ar- ticle of the constitution, shall be paid in advance into the state treasury. There shall be no allowance for clerk hire in the offices of the superintendent of public instruction and attorney-general.
SEC. 25. The officers mentioned in this article shall give bonds in not less than double the amount of money that
may come into their hands, and in no case in less BONDS. than the sum of fifty thousand dollars, 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.
SEC. 26. No other executivestate office shall becontinued or created, and the duties now devolving upon officers not provided for by this constitution shall be performed by the officers herein created.
ARTICLE VI .- 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 in- ferior to the district courts as may be created by law for cities and incorporated towns.
SEC. 2. The supreme court shall consist of three judges, a SU- majority of whom shall be necessary to form a PREME quorum, or to pronounce a decision. It shall have COURT. original jurisdiction in cases relating to the reve- nue, civil cases in which the State shall be a party, ma i. 10
146
Civil Government.
damus, quo warranto, habeas corpus, and such appellate jurisdiction as may be provided by law.
SEC. 3. At least two terms of the supreme court shall be held each year at the seat of government.
SEC. 4. The judges of the supreme court shall be elected by the electors of the State at large, and their terms of of- fice, except of those chosen at the first election, as hereinaf- ter provided, shall be six years.
SEC. 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 the term of two years, one for the term of four years, and one for the term of six years.
SEC. 6. The judge of the supreme court having the short- est term to serve, not holding his office by appoint-
CHIEF
JUS- ment or election to fill a vacancy, shall be the chief
TICE. justice, and as such shall preside at all ternis 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.
SEC. 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.
SEC. 8. There shall be appointed by the supreme court a reporter, who shall also act as clerk of the supreme court, and librarian of the law and miscellaneous library of the state, whose term of office shall be four years, unless sooner removed by the court, whose salary shall be fixed by law, not to exceed fifteen hundred dollars per annum. The copy- right of the state reports shall forever belong to the State.
SEC. 9. The district courts shall have both chancery and common law jurisdiction, and such other jurisdiction as the legislature may provide, and the judges thereof may admit persons charged with felony to a plea of guilty, and pass such sentence as may be prescribed by law.
SEC. 10. [A temporary provision concerning the appor- tionment.]
SEC. 11. The legislature, whenever two-thirds of the men- bers elected to each house shall concur therein, may, in or after the year one thousand, eight hundred and eighty, and not oftener than once in every four years, increase the num- ber of judges of the district courts, and the judicial districts of the State. Such districts shall be formed of compact ter- ritory, 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.
SEC. 12. The judges of the district courts may hold courts for each other, and shall do so when required by law.
1
147
Constitution of Nebraska.
SEC. 13. The judges of the supreme and district courts shall each receive a salary of $2,500, per annum, payable quarterly.
SEC. 14. No judge of the supreme or district courts shall receive any other compensation. perquisite, or benefit for or on account of his office in any form whatsoever, nor act as attorney or counsellor-at-law, in any manner whatever, nor shall any salary be paid to any county judge.
SEC. 15. There shall be elected in and for each organized county one judge, who shall be judge of the county court of such county, and whose term of office shall be two years.
SEC. 16. County courts shall be courts of record, and shall have original jurisdiction in all matters of probate, settle- ments of estates of deceased persons, appointment of guardi- COUNTY ans and settlement of their accounts, in all matters COURT: relating to apprentices, and such other juris- JURIS- diction as may be given by general law. But they
DICTION shall not havejurisdiction 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 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 in civil actions where the debt or sum claimed shall exceed one thousand dollars.
SEC. 17. Appeals to the district courts from the judgments of county courts shall be allowed in all criminal cases on ap- plication of the defendant, and in all civil cases on applica- tion of either party, and in such other cases as may be pro- vided by law.
Need help finding more records? Try our genealogical records directory which has more than 1 million sources to help you more easily locate the available records.