Local and State Government 
 
 In Nebraska 
 
 BY 
 
 E V R WILSON 
 
 SUPERINTENDENT OF PUBLIC SCHOOLS, CHADRON 
 
 THE UNIVERSITY PUBLISHING GO. 
 LINCOLN AND CHICAGO 
 
Questions for Glass Study 
 
 ON THE 
 
 College Entrance Requirements 
 
 To meet the growing demand for assistance in teach¬ 
 ing the College Entrance Requirements in English, 
 special teachers of Engl ish have been asked to contribute 
 to this series those questions for class study which have 
 proved most effective in getting high school pupils to 
 appreciate the great classics. These questions aie used 
 with marked success in the classrooms of the authors. 
 It is hoped that the series may prove of such he p to 
 high school teachers as to merit their use in every high 
 school. The following questions in this series are already 
 prepared. 
 
 Mailing Price 
 
 Macbeth.Sara Yore Taylor—15 
 
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 Rime of Ancient Mariner ) 
 
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 Questions will be added to the series from time to 
 time on other classics appearing on the College Entrance 
 Requirement list. Also 
 
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 State Examination Questions and Answers in 
 
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 State Examination Questions and Answers in 
 
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 The University Publishing Go. 
 
LOCAL AND STATE 
 GOVERNMENT IN 
 NEBRASKA 
 
 BY 
 
 E. P. WILSON 
 
 Superintendent of Schools, Chadron 
 
 1909 
 
 The University Publishing Co. 
 Lincoln and Chicago 
 
Copyright 1909 
 
 THE UNIVERSITY PUBLISHING CO. 
 
 All rights reserved 
 
F i •*, <^-0; 
 
 PREFACE 
 
 In this, the second edition of Questions on the 
 Constitution of Nebraska, it has been deemed 
 advisable to include questions on local govern¬ 
 ment. Besides questions dealing with the frame¬ 
 work of each of the various kinds of local gov¬ 
 ernment, a number of questions have been asked 
 whose object is to help pupils to acquire some 
 accurate knowledge of what is involved in the 
 financial administration of local government. 
 Knowledge of these facts is conducive to the 
 development of interest in what they signify. In 
 tl^e part devoted especially to county govern¬ 
 ment, questions are included whose answers con¬ 
 tain much practical information relative to land 
 surveys. 
 
 Our frame of state government is outlined in 
 the constitution and all of our state laws must be 
 in conformity with the constitution. Because this 
 is so, a large amount of the work done in our high 
 schools in the civil government of Nebraska 
 should be based directly on the constitution. 
 Following this plan gives pupils a true conception 
 of the importance of the constitution of our 
 state. 
 
 The questions and notes contained in this pam¬ 
 phlet have been prepared with a view to en¬ 
 couraging the study of the constitution itself. It 
 is believed that their use will be conducive to a 
 greater degree of thoroughness than would be 
 likely to be the case otherwise. The thing of 
 first importance in studying a portion of the con¬ 
 stitution is to understand it. These questions 
 
 O 36469 
 
and notes have been prepared to assist in this. 
 
 After a pupil understands the meaning of each 
 section contained in an assigned lesson, such 
 other questions may be asked as, in the judgment 
 of the teacher, are necessary. It is not meant 
 that the questions in the pamphlet shall take the 
 ‘place of the text questions and the review ques¬ 
 tions that the teacher may desire to ask. 
 
 In answering these questions the pupils will 
 need to seek information from various sources. 
 'Work of this kind should be encouraged. It 
 gives students helpful ideas of the true nature of 
 various phases of local and state government. 
 County, school, and municipal officers, and busi¬ 
 ness and professional men are, as a rule, glad to 
 give pupils assistance in their quest of knowledge 
 along these lines. Reports of value may be pro¬ 
 cured from the heads of the various state insti¬ 
 tutions and from each of the departments of the 
 state government. 
 
 Class discussions should be encouraged, but 
 they must be guided by the teacher. 
 
 It is hoped that these questions will prove gen¬ 
 uinely helpful both to teachers and pupils, and 
 that in this way they will contribute toward giv¬ 
 ing our boys and girls a more thorough concep¬ 
 tion of our government. 
 
 Chadron, July, 1909. 
 
SUGGESTIONS TO TEACHERS 
 
 The information contained in tax receipts is 
 absolutely necessary in doing much of the work 
 required. One is needed for the year in which 
 the subject is taught and also for the preceding 
 year. If the subject is taught too early in the 
 school year for a tax receipt for that year to be 
 procured, the necessary information can be se¬ 
 cured directly from those who make the levies or 
 from the county clerk. If a teacher cannot secure 
 permanent possession of tax receipts, they should 
 be copied before being returned. 
 
 Each pupil should be required to keep a note 
 book in which answers to all questions are care¬ 
 fully written in ink. The teacher should insist 
 on carefulness in the preparation of the maps 
 called for. 
 
 A large amount of the information called for 
 must be gotten from sources outside of the school 
 room. Practically all of this work should be done 
 by the pupils under the direction of the teacher. 
 It is a good plan to divide this work among small 
 groups of pupils and to require each group to 
 be responsible for the answers to a limited num¬ 
 ber of questions. In many instances pupils 
 willingly volunteer for this service. As a rule 
 some pupils in a class have unusual opportunities 
 for obtaining the information called for in some 
 of the questions. This fact should be borne in 
 mind in the assignment of questions. 
 
 Pupils should bring pencils and tablets to the 
 class and take notes on the reports of the groups, 
 
 5 
 
6 
 
 GOVERNMENT OF NEBRASKA 
 
 or committees previously mentioned. Informal 
 discussion of the matter contained in these re¬ 
 ports should be encouraged. The attention of 
 the class should be called to items of unusual in¬ 
 terest or significance. Immediately after the reci¬ 
 tation answers to the questions discussed that day 
 should be written in permanent form in the note 
 book. 
 
 A large number of arithmetical problems should 
 be given. To a large degree these should be 
 given and solved in the class. This should be the 
 case to an especial degree after the nature of the 
 set of problems is understood. This part of the 
 work should be taught just as other mental arith¬ 
 metic is taught. The nature of the problems 
 should be determined by local conditions and 
 interests. Property interests that are familiar 
 to the members of the class should be used most 
 freely in the problems given. 
 
 Public officers as a rule are glad to give the in¬ 
 formation called for by these questions. In many 
 instances it will be necessary to get the desired 
 information by correspondence. Whatever may 
 be the means employed, members of classes should 
 in all this work show the highest degree of cour¬ 
 tesy and common sense. 
 
 Various questions not in the text will suggest 
 themselves to the teacher as the work proceeds. 
 This is especially true in the study of the Con¬ 
 stitution. The teacher's questions should supple¬ 
 ment freely those of the text. 
 
 Care must be exercised to see that pupils under¬ 
 stand the Constitution. Pupils sometimes need 
 help in selecting definitions in a dictionary. They 
 
GOVERNMENT OF NEBRASKA 
 
 7 
 
 frequently need help, too, in understanding these 
 definitions and in making a proper application 
 of them. 
 
 After the part devoted to local government has 
 been finished, it should be thoroughly reviewed, 
 so that a larger and more complete view of each 
 of the units of local government may be obtained. 
 
 After the questions on the Constitution have 
 been finished, a careful review should be given, 
 for the especial purpose of unifying essential 
 facts relative to the frame work of the state gov¬ 
 ernment and to its application to practical affairs. 
 
■ Digitized by the Internet Archive 
 in 2018 with funding from 
 
 University of Illinois Urbana-Champaign Alternates 
 
 https://archive.org/details/localstategovern00wils_0 
 
LOCAL GOVERNMENT IN NEBRASKA 
 
 THE SCHOOL DISTRICT 
 
 1. What is the area of your school district? 
 
 2. Draw a map of it. 
 
 3. Give the names of the members of the school board. 
 
 4. When are they elected? 
 
 5. Why is it better for them to be elected then in¬ 
 stead of at the November election? 
 
 6. What is the length of the term of each? 
 
 7. How many are regularly elected each year? 
 
 8. Why is this better than it would be to elect a full 
 board at one election? 
 
 9. Who may vote at the school election? 
 
 10. Who are the officers of the school board in your 
 district? 
 
 11. Write a paragraph telling what the duties of the 
 school board are. 
 
 12. What was the total revenue of your district dur¬ 
 ing the financial year that closed last May or 'last June? 
 
 13. Name the various sources from which this revenue 
 was derived and state how much came from each source. 
 
 14. What were the total expenditures of your district 
 for the year ending last May or last June, and for what 
 purposes was the money used? In answering this ques¬ 
 tion include all items of expense under a few heads. 
 
 15. What are the legal age limits for school children? 
 
 16. When was the last school census of your district 
 taken ? 
 
 17. How many children of school age were there in 
 your district at that time? 
 
 18. What is meant by the state apportionment of 
 school money? Article YIII of the constitution of Ne¬ 
 braska will help you to answer this question. 
 
 19. How much did your district receive last year from 
 this fund? 
 
 9 
 
10 
 
 GOVEENMENT OF NEBEASKA 
 
 20. How much was that for each child of school age 
 in the district? 
 
 21. What was the total enrollment of pupils in your 
 schools last year? 
 
 22. What was the average cost to the district of the 
 school privileges that each child received? 
 
 23. What is meant by real property? By personal 
 property? 
 
 24. What was the total assessed valuation of both 
 real and personal property in your district a year ago 
 last spring? 
 
 25. What fraction of the estimated actual valuation 
 is the assessed valuation? 
 
 26. What then was the estimated actual valuation of 
 all the property in your district at that time? 
 
 27. What was the number of mills of tax levied in 
 your district a year ago last summer on each dollar of 
 assessed valuation? You can get the answer to this 
 question by looking at a tax receipt for last year. 
 
 28. What are school bonds? 
 
 29. Does your district have a bonded debt? 
 
 30. If so, for what purpose, and at what time was 
 
 it incurred? 
 
 31. What is the amount of the debt at this time? 
 
 32. What rate of interest does it bear? 
 
 33. What then is the amount of interest that the dis¬ 
 trict pays annually at this time? 
 
 34. Is a bond tax levied in your district? 
 
 35. If so, it amounts to how many mills for each 
 
 dollar of assessed valuation? 
 
 36. What amount of money will this bond tax levy 
 bring into the district funds this year? 
 
 37. What amount if any, will be left to apply on the 
 payment of bonds after the annual interest payment 
 is made? 
 
 38. What was the assessed valuation of the property 
 in your district last spring? 
 
GOVERNMENT OF NEBRASKA 
 
 11 
 
 39. How does that compare with the assessed valu¬ 
 ation the year before? 
 
 40. What was the number of mills of school tax 
 levied in your district last summer? 
 
 41. How much revenue will that levy produce for the 
 running expenses of the school during the current school 
 year? 
 
 42. Is this more or less than the corresponding amount 
 for last year? If the increase or decrease is marked, 
 give a reason for it. 
 
 43. What is the assessed valuation per acre of farm 
 land in your district? 
 
 44. What is the assessed valuation of common work 
 horses and common cows? 
 
 Note—A number of problems similar to the following 
 should be given. 
 
 45. A man in your district owns 80 acres of land. 
 He has 6 common work horses and 8 common cows. The 
 assessed valuation of the rest of his personal property 
 is $200. What is the amount of the school tax that he 
 will pay this year? 
 
 46. A man has a house and lot in the city or the vil¬ 
 lage in which you live. Its actual value is estimated to be 
 $3,000. What will be the amount of his school tax 
 this year? 
 
 47. What is the assessed valuation this year of the 
 railroad property in your district. 
 
 48. How much will the school tax from this amount to? 
 
 49. What is the exact number of miles of track in 
 your district ? 
 
 50. What is the assessed valuation per mile? 
 
12 
 
 GOVERNMENT OF NEBRASKA 
 
 VILLAGE AND CITY GOVERNMENT 
 
 1. How large a population must a place have before 
 it may become an incorporated village? 
 
 2. What must be the population of an incorporated 
 place before under the laws of the state it may become 
 a city? 
 
 3. Name the cities in your county. 
 
 4. Name at least two incorporated villages. 
 
 5. What is the area of your city or village? 
 
 6. Draw a map showing its boundaries and the bound¬ 
 aries of its wards if it is a city. 
 
 7. How are candidates for the elective offices of a city 
 or village nominated? 
 
 8. Give the number and the names of the members of 
 your city council or your board of village trustees. If 
 you live in a city tell what ward each councilman is 
 from. 
 
 9. When are they elected and if members of a city 
 council, how many are elected from each ward annually? 
 
 10. Why is it better for them to be elected then than 
 at the November election? 
 
 11. What is the length of the term of each? 
 
 12. What is their compensation, if any? 
 
 13. Write a paragraph telling what their duties are. 
 
 14. What is meant by city or village ordinances? 
 
 15. Name three important ordinances of the city or 
 village in which you live. 
 
 16. Who is the mayor of your city or the chairman of 
 your board of village trustees? 
 
 17. How is he elected? 
 
 18. How long is his term of office? 
 
 19. What is his compensation, if any? 
 
 20. What are his most important duties? 
 
 21. What other municipal officers are there in your 
 city or your village who are elected by the qualified 
 voters? 
 
GOVERNMENT OF NEBRASKA 
 
 13 
 
 22. Give the duties of each? 
 
 23. Give the name of the person now holding each of 
 these offices, also the length of the term and the com- 1 
 pensation, if any, of each. 
 
 24. What important offices in your city or your village 
 are filled by appointment? 
 
 25. Who appoints these officers? 
 
 26. Give the duties of each. 
 
 27. Give the name of the person now holding each of 
 these offices, also the length of the term and the com¬ 
 pensation, if any, of each. 
 
 28. What is meant by the term “fiscal year”? 
 
 29. When does the fiscal year of your city or your vil¬ 
 lage close? 
 
 30. What was the assessed valuation for the last fiscal 
 year of your city or the village in which you live? 
 
 31. What then was its estimated actual valuation? 
 
 32. What was the total revenue of your city or your 
 village for the last fiscal year? 
 
 33. Name the sources from which it was derived and 
 the amount received from each source. 
 
 34. What was the total number of mills of tax levied 
 for city or for village purposes for the last fiscal year? 
 
 35. Into what funds was this divided? 
 
 36. How many mills were levied for each fund? 
 
 37. How much money did that levy bring into each 
 fund? 
 
 38. What were the total expenditures of your city or 
 your village for the last fiscal year? 
 
 39. Group under a few heads the objects for which this 
 money was expended and state the approximate amount 
 spent for each object. If necessary in order to make 
 your answer clear, give some detailed information rela¬ 
 tive to the expenditure of money under the different 
 heads mentioned. 
 
 40. What is the assessed valuation of your city or your 
 village for the current fiscal year? 
 
 41. What is the total number of mills levied for city 
 
14 
 
 GOVERNMENT OF NEBRASKA 
 
 or for village purposes for the current fiscal year? * In 
 other words, what is the city or the village consolidated 
 tax for the current fiscal year? 
 
 42. How much revenue will this levy produce? 
 
 43. Into what different funds does the money raised 
 by this levy go? State the number of mills levied for 
 each fund. 
 
 44. How much money will this bring into each fund? 
 
 45. Compare the amount of money that the levy will 
 bring into each fund this year with the amount that was 
 brought into the same fund last year. If in any case 
 there is a marked increase or decrease give the reason 
 for it. 
 
 46. Does your city or your village have any bonded 
 indebtedness? 
 
 47. If so, when was it incurred and for what purpose 
 or purposes? 
 
 48. What is the amount of this indebtedness now? 
 
 49. What rate of interest does it bear? 
 
 50. How much money is needed each year to pay the 
 interest? 
 
 51. A levy of how many mills is necessary to provide 
 money to pay the interest this year? 
 
 52. How much, if any, of the principal will be paid 
 this year? 
 
 53. If some of it is to be paid, a levy of how many 
 mills is necessary to raise the required amount of money? 
 
 Note—A number of problems similar to the following 
 should be given: 
 
 54. A man owns a house and lot the assessed valuation 
 of which is $600; a store building whose assessed valu¬ 
 ation is $1,800; and a stock of goods whose assessed 
 valuation is $1,200. What is the amount of his city tax 
 this year? How much does he pay into each of the funds 
 into which the city tax is divided? 
 
GOVERNMENT OF NEBRASKA 
 
 15 
 
 THE COUNTY 
 
 1. Draw a map of your county. 
 
 2. On this map show the following: Precinct boundaries 
 
 and precinct names, section lines with sections numbered 
 in at least three precincts including the one in which you 
 live, or the one nearest the city or the village in which 
 you live, railroad lines, cities and villages and principal 
 streams. Name the cities, villages and streams. 
 
 3. What is a congressional township? 
 
 4. On a township map of Nebraska showing the United 
 States land survey locate the base line and the 6th prin¬ 
 cipal meridian. 
 
 5. What use is made of each in locating congressional 
 townships? 
 
 6. Indicate by light lines on your map the boundaries 
 of congressional townships wherever these boundaries 
 differ from precinct boundaries. 
 
 7. On two of the margins of your map in the proper 
 places put the numbers indicating how many rows of 
 townships north of the base line and how many ranges 
 east or west of the 6th principal meridian each township 
 in your county is. 
 
 8. What is the difference between a precinct and a 
 congressional township? 
 
 9. What officers does each precinct have? 
 
 10. Bound your county. 
 
 11. How many precincts does it contain? 
 
 12. How many congressional townships? 
 
 13. How many square miles? 
 
 14. What is the number of the section on which you 
 live? 
 
 15. Bound it. 
 
 16. What is the number of the section on which your 
 school house is? 
 
 17. What sections meet at the section corner nearest 
 your school house? 
 
 18. Give the number and the range of the township 
 in which you live. 
 
 19. How many townships between the south side of the 
 one you live in and the base line from which the survey 
 of the state was made? 
 
16 
 
 GOVERNMENT OF NEBRASKA 
 
 20. On which side of the 6th principal meridian do you 
 live? 
 
 21. If east of it how many townships between the west 
 line of your township and the meridian mentioned? 
 
 22. How far is it then from the west line of your town¬ 
 ship to this meridian? 
 
 23. If you live west of this meridian how many town¬ 
 ships between the east line of your township and the 6th 
 principal meridian? 
 
 24. How far then from the east line of your township 
 to this meridian? 
 
 25. From some paper in your county clip the record 
 ■of recent sales of farms. Note the description of each 
 piece of real estate and locate it on your county map. 
 
 Note—Pupils should learn the name and the location 
 of every precinct in the county. Thorough drill should 
 be given in bounding precincts. A number of problems 
 similar to the following should be given. They should 
 all apply to real estate in the county in which the pupils 
 live. Sufficient training should be given to enable them 
 to locate the desired places and bound sections without 
 referring to their maps. 
 
 26. Bound each of the following sections: 26, 18, 31, 
 
 6 , 12 , 22 , 20 , 11 . 
 
 27. Starting from the section corner nearest the school 
 building, go five miles west and four south. You are then 
 at the northeast corner of what section? Give the num¬ 
 ber of the township and the range in which this section 
 is located. 
 
 28. Starting again from the same corner, go three miles 
 oast and four miles north. Y r ou are then at the south¬ 
 east corner of what section? 
 
 29. Starting again from the same corner, go five miles 
 south. l T ou are then at the corners of what sections? 
 
 30. How far west from this same corner would you go 
 in order to reach the west line of your county? 
 
 31. Note the Standard Parallels or correction lines and 
 the Guide Meridians on your map of Nebraska. How far 
 apart are the lines in each series? 
 
 32. Explain their use. 
 
GOVERNMENT OF NEBRASKA 
 
 17 
 
 33. In what way does the curvature of the Earth affect 
 the guide meridians? 
 
 Note—A number of problems similar to the following 
 should be given: 
 
 34. A piece of land is located in town 20 north, range 
 30 west. Locate it on the map. 
 
 35. A farm is located in town 6 north, range 12 east. 
 Locate it. 
 
 36. Make a list of the county offices and give the name 
 of the person now holding each office in your county. 
 Give also the length of the term in each case, the com¬ 
 pensation and the duties. 
 
 37. Explain how candidates for county offices are nomi¬ 
 nated. 
 
 38. Why may a person not hold the office of county 
 treasurer longer than four years in succession? 
 
 39. The task of assessing the property in a county is 
 too great for the county assessor. Explain how he has 
 this work done. Who was the deputy assessor for your 
 precinct last spring? 
 
 40. What county officers have oversight of the public 
 roads? 
 
 41. What is meant by the term “poll tax’’? 
 
 42. Who are required to pay this tax? 
 
 43. How much is it each year? 
 
 44. What public officials give immediate supervision 
 to the work that is done on the public roads? 
 
 45. In one of the precincts of your county show the 
 boundaries of the road districts. 
 
 46. In one or two other precincts show the boundaries 
 of school districts. 
 
 47. Who makes the tax levy for your county? 
 
 48. What was the assessed valuation of your county a 
 year ago last spring? 
 
 49. What then was the estimated actual valuation? 
 
 50. What was the consolidated county tax levied a 
 year ago last summer? 
 
 51. What amount of revenue did this levy produce? 
 
GOVERNMENT OF NEBRASKA 
 
 52. Into what funds was it divided? 
 
 53. State the number of mills levied for each fund and 
 the amount of money that this levy brought into each 
 fund. 
 
 54. State as fully as you can just how the money in 
 each of these funds was spent. 
 
 55. Does your county have a bonded debt? 
 
 56. If so, when and for what purpose or purposes was 
 it incurred and what was the original amount of it? 
 
 57. What is the amount of this debt now? 
 
 58. What rate of interest does it bear? 
 
 59. What amount of money will it take to pay the in¬ 
 terest for this year? 
 
 60. Are payments being made on the principal now? 
 
 61. If so, how much was paid last year? 
 
 62. What was the assessed valuation of your county 
 last spring? 
 
 63. Is that more or less than it was the year before? 
 If either, how much? 
 
 64. What was the total number of mills levied for 
 county purposes last summer? 
 
 65. How much revenue will this levy produce? 
 
 66. State the number of mills levied for each fund and 
 the amount of money this will bring into each fund. 
 
 67. Compare the amount of money that the levy will 
 bring into each fund this year with the amount that was 
 brought into the same fund last year. 
 
 ' 68. If in any case there is a marked increase or de¬ 
 crease give the reason for it. • 
 
 Note—A number of problems similar to the following 
 should be given to the class: 
 
 A man owns a farm of 160 acres. The assessed valu¬ 
 ation of his personal property is $500. What will be the 
 amount of his county tax on his farm and his personal 
 property? 
 
 A merchant owns a store building whose actual value 
 is $8,000. The actual value of his stock of goods is 
 $6,000. What is the amount of his county tax? 
 
GOVERNMENT OF NEBRASKA 
 
 19 
 
 TAXATION FOR STATE PURPOSES 
 
 1. What is the total number of mills levied for state 
 purposes this year? 
 
 2. This levy will produce how much revenue in your 
 county? 
 
 3. Name the funds into which the money raised by this 
 levy goes and state the number of mills levied for each. 
 
 4. How much money will this levy bring into each of 
 these funds from your county? 
 
 5. Tell how the money raised for each of these funds 
 is expended by the state. 
 
 Note—Several problems similar to the following should 
 be given: 
 
 6. A farmer owns 120 acres of land,the assessed valua¬ 
 tion of his personal property is $400, what will be the 
 amount of his state tax this year? 
 
 7. The assessed valuation of a stock of goods is $2,000, 
 what will be the amount of the state tax the owner will 
 pay this year? 
 
 MISCELLANEOUS QUESTIONS 
 
 An owner of property in a village or a city pays taxes 
 for what four distinct purposes? 
 
 An owner of property outside of an incorporated vil¬ 
 lage or city pays taxes for what three distinct purposes? 
 
 What is the total number of mills included this year 
 in the four levies mentioned above in the village or the 
 city in which you live? 
 
 The assessed valuation of a man 7 s property in the 
 place in which you live is $600, what is the total amount 
 of his tax this year? 
 
 How much of this goes for each of the four purposes 
 mentioned above? 
 
 What is the population of the place in which you live? 
 
 What is the total amount of the taxes levied this year 
 in the city or village in which you live? 
 
 How much is that for each person living there? 
 
20 
 
 GOVERNMENT OF NEBRASKA 
 
 Select a rural school district in which the school levy is 
 about what it is in the average rural district in your 
 county. We will suppose that the assessed valuation of 
 a man ’s property in this district is $600, what is the total 
 amount of his tax this year? 
 
 What amount of this goes to each of the three purposes 
 mentioned above? 
 
 What is the difference between the total amount of 
 tax paid this year in the city or the village in which you 
 live on an assessed valuation of $600, and the amount 
 that would be paid on the farm property of equal value 
 mentioned above? 
 
 Give two or more general reasons for the levying of 
 taxes? 
 
 Write a paragraph telling why every citizen should 
 take an active interest in local public affairs. 
 
 Name three qualifications that a local public officer 
 should have in order to do the work of his office in the 
 best manner. 
 
THE STATE 
 
 CONSTITUTION OF NEBRASKA 
 
 Preamble. We, the people, grateful to Almighty 
 God for our freedom, do ordain and establish the 
 following declaration of rights and frame of gov¬ 
 ernment, as the constitution of the state of Ne¬ 
 braska : 
 
 ARTICLE I.—BILL OF RIGHTS 
 
 Section 1. Equal rights —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 
 secure these rights, and the protection of prop¬ 
 erty, governments are instituted among people, 
 deri\;ing their just powers from the consent <jl 
 the governed. 
 
 Sec. 2. Slavery prohibited —There shall be 
 neither slavery nor involuntary servitude in this 
 state, otherwise than for punishment of crime, 
 whereof the party shall have been duly con¬ 
 victed. 
 
 Sec. 3. Due process of law —No person shall be 
 deprived of life, liberty, or property, without due 
 process of law. 
 
 Sec. 4. Religious freedom —All persons have a 
 natural and indefeasible right to worship Al¬ 
 mighty God according to the dictates of their own 
 consciences. No person shall be compelled to at¬ 
 tend, erect or support any place of worship 
 
 21 
 
22 
 
 GOVERNMENT OF NEBRASKA 
 
 against his consent, and no preference shall be 
 given by law to any religions society, nor shall 
 any interference with the rights of conscience be 
 permitted. No religious test shall be required as 
 a qualification for office, nor shall any person be 
 incompetent to be a witness on account of his re¬ 
 ligious belief; but nothing herein shall be con¬ 
 strued to dispense with oaths and affirmations. 
 Religion, morality, and knowledge, however, be¬ 
 ing essential to good government, it shall be the 
 duty of the legislature to pass suitable laws to 
 protect every religious denomination in the peace¬ 
 able enjoyment of its own mode of public wor¬ 
 ship, and to encourage schools and the means of 
 instruction. 
 
 Sec. 5. Freedom of speech and press —Every 
 person may freely speak, wwite 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 mo¬ 
 tives, and for justifiable ends, shall be a sufficient 
 defense. 
 
 Sec. 6. Trial by jury —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. Search and seizure —The right of the 
 people to be secure in their persons, houses, pa¬ 
 pers, and effects against unreasonable searches 
 and seizures shall not be violated; and no war¬ 
 rant shall issue but upon probable cause, sup¬ 
 ported by oath or affirmation, and particularly 
 describing the place to be searched, and the per¬ 
 son or thing to be seized. 
 
GOVERNMENT OF NEBRASKA 
 
 23 
 
 Sec. 8. Habeas corpus —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. Bail—Fines; imprisonment —All persons 
 shall be bailable by sufficient sureties, except for 
 treason and murder, where the proof is evident 
 or the presumption great. Excessive bail shall 
 not be required nor excessive fines imposed, nor 
 cruel and unusual punishments inflicted. 
 
 Sec. 10. Indictment; information —No person 
 shall be held to answer for a criminal offense, ex¬ 
 cept in cases in which the punishment is by fine, 
 or imprisonment otherwise than in the peniten¬ 
 tiary, in case of impeachment, and in cases arising 
 in the army and 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; provided, that the legislature may by law 
 provide for holding persons to answer for crim¬ 
 inal offenses on information of a public prosecu¬ 
 tor; and may by law, abolish, limit, change, amend 
 or otherwise regulate the grand jury system. 
 
 Sec. 11. Rights of accused —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, and 
 to have a copy thereof; to meet the witnesses 
 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 district in which the offense is alleged 
 to have been committed. 
 
24 
 
 GOVERNMENT OF NEBRASKA 
 
 Sec. 12. Evidence against self; twice in jeop¬ 
 ardy —No person shall be compelled, in any crim¬ 
 inal case, to give evidence against himself, or be 
 twice put in jeopardy for the same offense. 
 
 Sec. 13. Justice administered without delay— 
 
 All courts shall be open, and every person, for any 
 injury done him in his lands, goods, person, or 
 reputation, shall have a remedy by due course of 
 law, and justice administered without denial or 
 delay. 
 
 Sec. 14. Treason —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 Uvo witnesses 
 to the same overt act, or on confession in open 
 court. 
 
 Sec. 15. Penalties —All penalties shall be pro¬ 
 portioned to the nature of the offense, and no 
 conviction shall work corruption of blood or for¬ 
 feiture of estate; nor shall any person be trans¬ 
 ported out of the state for any offense committed 
 ivithin the state-. 
 
 Sec. 16. Bill of attainder; retroactive laws; spe¬ 
 cial privileges —No bill of attainder, ex post facto 
 law or law impairing the obligation of contracts, 
 or making any irrevocable grant of special priv¬ 
 ileges or immunities shall be passed. 
 
 Sec. 17. Military power —The military shall be 
 in strict subordination to the civil power. 
 
 Sec. 18. Soldiers’ quarters —No soldier shall in 
 time of peace be quartered in any house without 
 the consent of the owner; nor in time of war ex- 
 
GOVERNMENT OF NEBRASKA 
 
 25 
 
 cept in the manner prescribed by law. 
 
 Sec. 19. Right of petition —The right of the peo¬ 
 ple peacably to assemble to consult for the com¬ 
 mon good, and to petition the government, or any 
 department thereof, shall never be abridged. 
 
 Sec. 20. Imprisonment for debt —No person 
 shall be imprisoned for debt in any civil action 
 on mesne or final process, unless in cases of fraud. 
 
 Sec. 21. Private property —The property of no 
 person shall be taken or damaged for public use 
 without just compensation therefor. 
 
 Sec. 22. Free elections —All elections shall be 
 free; and there shall be no hindrance or impedi¬ 
 ment to the right of a qualified voter to exercise 
 the elective franchise. 
 
 Sec. 23. Writ of error —The writ of error shall 
 be a writ of right in all cases of felony; and in 
 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. 
 
 Sec. 24. Appeals in civil cases —The right to be 
 heard in all civil cases in the court of last resort, 
 by appeal, error, or otherwise, shall not be denied. 
 
 Sec. 25. Aliens —No distinction shall ever be 
 made by law between resident aliens and citizens 
 in reference to the possession, enjoyment or de¬ 
 scent of property. 
 
 Sec. 26. Powers retained by people —This enu¬ 
 meration of rights shall not be construed to im¬ 
 pair or deny others, retained by the people, and 
 
26 
 
 GOVERNMENT OF NEBRASKA 
 
 all powers not herein delegated, remain with the 
 people. 
 
 QUESTIONS ON ARTICLE I* 
 
 Give the preamble from memory. 
 
 2. Explain what is meant by involuntary servitude.. . 
 
 3. Tell what due process of law means. 
 
 4. Explain what is meant by each of the following 
 expressions: natural and indefeasible right, dictates of 
 their own consciences, religious society, religious test. 
 
 Explain the meaning of oath and affirmation in the sense 
 in which each word is used here. 
 
 5. What is libel? 
 
 6. Define inviolate.. What courts have we that are 
 inferior to the district court? 
 
 7. What is a warrant? The purpose of the bill of 
 rights is to protect the individual rights of citizens. It 
 is probable that every provision of the bill of rights owes 
 its existence to some violation of the rights of man¬ 
 kind with which the colonists or their English ancestors 
 were familiar. What incident in American history does 
 this section suggest to you? 
 
 8. Tell what is meant by the writ of habeas corpus. 
 
 9. Define each of the following words: bail, sureties, 
 treason, and presumption. 
 
 10. Define impeachment, militia, presentment, indict¬ 
 ment, and information. Be careful to give the definition 
 of each term as the term is used in the law. What is 
 a grand jury? What county official is a public prosecu¬ 
 tor? Is a grand jury often called in this state? What 
 is the usual method of holding a person to answer for 
 a criminal offense? 
 
 11. What does the expression to have process mean? 
 Why should an accused person be tried by a jury of the 
 county or district in which the offense is alleged to have 
 been committed? 
 
 *The numbers of these questions refer to the correspond¬ 
 ing numbers of sections. 
 
GOVERNMENT OF NEBRASKA 
 
 27 
 
 12. Explain the meaning of jeopardy. 
 
 14. What is an overt act? 
 
 15. Explain the meaning of corruption of blood and 
 forfeiture of estate. 
 
 16. Explain the meaning of each of the following ex¬ 
 pressions and give a real, or imaginary, illustration of 
 each: bill of attainder, ex post facto law, law impairing 
 the obligation of contracts, making any irrevocoble grant 
 of special privileges or immunities. 
 
 17. Why should the military be in strict subordination 
 to the civil power? 
 
 18. What interesting incident in American history is 
 suggested to you by Section 18? 
 
 20. What is meant by mesne or final process? 
 
 23. Explain the meaning of each of the following 
 
 terms: writ of error, writ of right, felony, capital cases, 
 supersedeas. 
 
 25. What is a resident alien? 
 
 ARTICLE II.—DISTRIBUTION OF POWERS 
 
 Section 1. Division of powers —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 per¬ 
 sons being one of these departments shall exercise 
 any power properly belonging to either of the 
 others, except as hereinafter expressly directed or 
 permitted. 
 
 QUESTIONS ON ARTICLE II 
 
 1. Note how carefully the work of each department is 
 kept distinct from that of the other two. Why? 
 
 ARTICLE III.—LEGISLATIVE 
 
 Section 1. Legislative authority —The legislative 
 
28 
 
 GOVERNMENT OF NEBRASKA 
 
 authority is vested in a senate and house of rep¬ 
 resentatives. 
 
 Sec. 2. Census; legislative apportionment —The 
 
 legislature shall provide by law for an enumera¬ 
 tion of the inhabitants 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 after each enu¬ 
 meration made by the authority of the United 
 States, but at no other time, the legislature shall 
 apportion the senators and representatives accord¬ 
 ing to the number of inhabitants, excluding In¬ 
 dians not taxed, and soldiers and officers of the 
 United States army and navy. 
 
 Sec. 3. Number of members; sessions —The 
 
 house of representatives shall consist of eighty- 
 four members and the senate shall consist of thirty 
 members, until the year eighteen hundred and 
 eighty, after which time 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. The 
 sessions of the legislature shall be biennial, ex¬ 
 cept as otherwise provided in this constitution. 
 
 Sec. 4. Terms of office; compensation; length of 
 session —The term of office of members of the leg¬ 
 islature shall be two years and they shall each re¬ 
 ceive pay at the rate of five dollars per day dur¬ 
 ing their sitting, and ten cents for every mile they 
 shall travel in going to and returning from the 
 place of meeting of the legislature on the most 
 usual route; provided, however, that they shall 
 not receive pay for more than sixty days at any 
 one sitting, nor more than one hundred days dur- 
 
GOVERNMENT OF NEBRASKA 
 
 29 
 
 ing their term. That neither members of the leg¬ 
 islature nor employees shall receive any pay or 
 perquisites other than their salary and mileage.. 
 Each session, except special sessions, shall be not 
 less than sixty days. After the expiration of 
 forty days of the session no bills or joint resolu¬ 
 tions in the nature of bills shall be introduced 
 unless the governor shall by special message call 
 the attention of the legislature to the necessity 
 of passing a law on the subject matter embraced 
 in the message, and the introduction of bills shall 
 be restricted thereto. 
 
 Sec. 5. Who not eligible —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 from 
 which he is 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 afore¬ 
 said shall hold his office after he shall have re¬ 
 moved from such district. 
 
 Sec. 6. Same —No person holding office under 
 the authority of the United States, or any lucra¬ 
 tive 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 precinct or 
 township officers, justices of the peace, notaries 
 public, or officers of the militia, nor shall any per¬ 
 son interested in a contract with, or an unad¬ 
 justed claim against the state hold a seat in the 
 legislature. 
 
 Sec. 7. Sessions; commencement; quorum; 
 rules; punishments —The session of the legislature 
 
30 
 
 GOVERNMENT OF NEBRASKA 
 
 shall commence at 12 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 ma¬ 
 jority 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 pre¬ 
 side when the lieutenant governor shall not attend 
 ■s president, or shall act as governor. The secre¬ 
 tary 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 of¬ 
 fense. 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 be¬ 
 havior. 
 
 r 
 
 Sec. 8. Journals; votes; doors open; adjourn¬ 
 ment— Each house shall keep a journal of its pro¬ 
 ceedings 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 
 
GOVERNMENT OF NEBRASKA 
 
 31 
 
 votes in either house shall be viva voce. The 
 doors of each house, and of committee 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, ad¬ 
 journ for more than three days. 
 
 Sec. 9. Bills —Any bill may originate in either 
 house of the legislature, except bills appropriat¬ 
 ing money, wdiich shall originate only in the 
 house of representatives, and all bills passed by 
 one house may be amended by the other. 
 
 Sec. 10. Enacting clause; final passage —The en¬ 
 acting 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 assent of a majority of 
 all the members elected to each house of the leg¬ 
 islature, and the question upon final passage shall 
 be taken immediately upon its last reading and 
 the yeas and nays shall be entered upon the jour¬ 
 nal. 
 
 Sec. 11. Reading; printing; subject; title; 
 amendment; signing —Every bill and concurrent 
 resolution shall be read at large on three different 
 days in each house, and the bill and all amend¬ 
 ments thereto shall be printed before the vote is 
 taken upon its final passage. No bill shall contain 
 more than one subject, and the same shall be 
 clearly expressed in its title. And no law shall 
 be amended unless the new act contains the sec¬ 
 tion or sections so amended and the section or 
 sections so amended shall be repealed. The pre¬ 
 siding officer of each house shall sign in the pres¬ 
 ence of the house over wdiich he presides, while 
 
GOVERNMENT OE NEBRASKA 
 
 32 
 
 the same is in session and capable of transacting 
 business, all bills and concurrent resolutions 
 passed by the legislature. 
 
 Sec. 12. Privilege from arrest —Members of the 
 legislature in all cases except treason, felony 
 
 < r 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. 
 
 Sec. 13. Disabilities of members —Xo 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 
 
 •cT? «/ «/ 
 
 appointment shall be void. Nor shall any mem¬ 
 ber of the legislature, or any state officer be in¬ 
 terested either directly or indirectly, in any con¬ 
 tract 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. 
 
 Sec. 14. Impeachments—The senate and house 
 of representatives in joint convention shall have 
 the sole power of impeachment, but a majority of 
 the members elected must concur therein. Upon 
 ire entertainment of a resolution to impeach by 
 either house, the other house shall at once be no¬ 
 tified thereof and the two houses shall meet in 
 joint convention for the purpose of acting upon 
 such resolution within three days of such notifi¬ 
 cation. A notice of an impeachment of any offi- 
 
 < er, other than a justice of the supreme court, 
 shall be forthwith served upon the chief justice, 
 
GOVERNMENT OE NEBRASKA ) 3$ 
 
 by the secretary of the senate,, who shallther^-, 
 upon 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 impeach¬ 
 ment of a justice of the supreme court shall be 
 served by the secretary of the senate, upon the 
 judge of the judicial district, within which the 
 capital is located, and he thereupon shall notify 1 
 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 numbef 
 to preside. No person shall be convicted without 
 the concurrence of two-thirds of the members of 
 the court of impeachment, but judgment in cases 
 of impeachment shall not extend iurther than re T 
 moval from office and disqualification to hold and 
 enjoy any office of honor, profit, or trust, in this 
 state, but the party impeached, whether con 1 
 victed or acquitted, shall nevertheless be Hable t : o 
 prosecution and punishment according to law. No 
 officer shall exercise his official duties after he 
 shall have been impeached and notified thereof, 
 until he shall have been acquitted' ; 
 
 Sec. 15. Prohibited special legislation — The legr 
 islature shall not pass local or special laws in any 
 of the following cases, that is to say : 
 
 1 For granting divorces. Changing the names; of 
 persons or places. Laying out, opening, j alteriirg, 
 and working roads .or highways. Vacating roads, 
 town plats, streets, alleys, and public .grounds. 
 Locating or changing county, seats.-Regulating 
 county and township offices. Regulating th,e prac¬ 
 tice of courts of justice.,; Regulating the jurisi- 
 
34 
 
 GOVERNMENT OF NEBRASKA 
 
 diction and duties of justices of the peace, police 
 magistrates, and constables. Providing for 
 changes of venue in civil and criminal cases. In¬ 
 corporating cities, towns, and villages, or chang¬ 
 ing or amending the charter of any town, city, or 
 village. Providing for the election of officers in 
 townships, incorporated towns, or cities. Sum¬ 
 moning or empaneling grand or petit juries. Pro¬ 
 viding for the bonding of cities, tow T ns, precincts, 
 school districts, or other municipalities. Provid¬ 
 ing for the management of public schools. Regu¬ 
 lating the 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 disa¬ 
 bility. The protection of game or fish. Charter¬ 
 ing or licensing ferries or toll bridges. Remitting 
 fines, penalties, or forfeitures. Creating, increas¬ 
 ing, 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, as¬ 
 sociation, or individual the right to lay down rail¬ 
 road tracks, or amending existing charters for 
 such purpose. Granting to any corporation, as¬ 
 sociation, 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. Extra compensations —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 con¬ 
 tract entered into. Nor shall the compensation 
 
GOVERNMENT OF NEBRASKA 
 
 35 
 
 of any public officer be increased or diminished 
 during his term of office. 
 
 Sec. 17. Salt springs —The legislature shall 
 never alienate the salt springs belonging to this 
 state. 
 
 Sec. 18. Donations of land —Lands under con¬ 
 trol of the state shall never be donated to railroad 
 companies, private corporations, or individuals. 
 
 Sec. 19. Appropriations —Each legislature shall 
 make appropriations for the expenses of the gov¬ 
 ernment 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 neces¬ 
 sary to make further appropriations for deficien¬ 
 cies the same shall require a two-thirds vote of all 
 the members elected to each house, and shall not 
 exceed the amount of revenue authorized by law 
 to be raised in such time. Bills making appro¬ 
 priations 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. 
 
 Sec. 20. Vacancies in office —All offices created 
 by this constitution shall become vacant by the 
 death of the incumbent, by removal from the 
 state, resignation, conviction of a felony, impeach¬ 
 ment, 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. Lotteries prohibited —The legislature 
 shall not authorize any games of chance, lottery. 
 
36 
 
 GOVERNMENT OF NEBRASKA 
 
 or gift enterprise, under any pretense or for any 
 purpose whatever. 
 
 Sec. 22. Money, how drawn; statement legis¬ 
 lative expenses —No allowance shall be made for 
 the incidental expenses of any state officer, except 
 the same be made by general appropriation and 
 upon an account specifying each item. No money 
 shall be drawn from the treasury, except in pur¬ 
 suance of a.specific appropnalmn made by law, 
 and on the presentation of a warrant issued by 
 tfie auditor thereon, and no money shall be di¬ 
 verted from any appropriation made for any pur¬ 
 pose 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 moneys expended at such 
 session, specifying the amount of each item, and 
 to whom and for what paid. 
 
 Sec. 23. Member not liable for debate —No mem¬ 
 ber of the legislature shall be liable in any civil 
 or criminal action whatever for words spoken in 
 debate. 
 
 i 
 
 Sec. 24. Acts shall take effect, when; publica¬ 
 tion —No act shall take effect until three calendar 
 months after the adjournment of the session at 
 which it passed, 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. All laws shall be published in book form 
 within sixty days after the adjournment of each 
 session and distributed among the several counties 
 in such manner as the legislature may provide. 
 
GOVERNMENT OF NEBRASKA 
 
 37 
 
 QUESTIONS ON ARTICLE III 
 
 2. When was the last United States census taken? 
 IIow often is a census taken by the United States? 
 When was the last census taken by the state? 
 
 3. Of how many members does the house of repre¬ 
 sentatives now consist? the senate? Who is the senator 
 from your district? the representative? 
 
 4. Where does your representative live? If he re¬ 
 ceives ten cents for every mile traveled in going to and 
 returning from the place of meeting of the legislature 
 on the most usual route, how much mileage would he 
 receive for one session? What are perquisites? What 
 is a bill? a joint resolution? 
 
 5. Why should a person, in order to be eligible to the 
 office of senator or member of the house of representa¬ 
 tives, reside wuthin the district from which he is elected 
 for a period of one year next before his election unless 
 he shall have been absent on the public business of the 
 United States or of this state? 
 
 6. What is meant by the expression any lucrative 
 office? Why should a person holding office under the 
 authority of the United States or any lucrative office 
 under the authority of this state be ineligible to or be 
 prevented from having a seat in the legislature? Why 
 should a person interested in a contract with or an un¬ 
 adjusted claim against the state be prohibited from hold¬ 
 ing a seat in the legislature? 
 
 7. Is the legislature now in session? If not, when 
 was the last session held? When was the last general 
 election of members of the legislature? When will the 
 next one be held? What is a quorum? What is the 
 title of the presiding officer of the house of representa¬ 
 tives? Wffio is now filling that position, or if the legis¬ 
 lature is not now in session, who filled it at its last 
 session? 
 
 8. Explain the meaning of the term viva voce. 
 
 9. Why should bills appropriating money originate 
 only in the house of representatives? 
 
 10. If every member of the house were present how 
 many members should vote for a bill in order for it to 
 
38 
 
 GOVERNMENT OF NEBRASKA 
 
 pass? If every member of the senate were present how 
 many votes should a bill receive in order to pass? 
 
 11. What is a concurrent resolution? For a bill or a 
 concurrent resolution to be read at large means that 
 there shall be nothing secret about the reading of it. 
 Every one interested in the proceedings of the legisla¬ 
 ture has a right to know what bills and concurrent reso¬ 
 lutions are introduced. Usually the first and the sec¬ 
 ond reading of a bill or a concurrent resolution consist, 
 in each case, in reading the title only. The third read¬ 
 ing in every case consists in reading the full text of the 
 measure. What is an amendment? Why should every 
 bill and concurrent resolution be read at large on three 
 different days in each house? Why should a bill and 
 all amendments thereto be printed before the vote is 
 taken on its final passage. Give a reason for the follow¬ 
 ing requirement: No bill shall contain more than one 
 subject and the same shall be clearly expressed in its 
 title. 
 
 12 . What is felony? Explain the necessity for this 
 section. 
 
 13. Why is this section necessary? 
 
 14. Define the term impeachment. 
 
 15. Explain fully what is meant by local or special 
 laws. Why should they not be passed in any of the 
 cases given? Tell what is meant by changes of venue. 
 Explain the word incorporated as applied to towns. What 
 is a petit jury? What is meant by the bonding of cities, 
 towns, etc? Does the school district in which you live 
 have any bonded indebtedness? If so, how much is it 
 and what rate of interest is paid? What, if any, is 
 the bonded debt of the town in which you live and what 
 rate of interest is paid on it? For what purpose or 
 purposes was this debt incurred? Does your county have 
 a bonded debt? For what was it incurred? What is the 
 amount of it and what rate of interest is paid? 
 
 What is meant by the law of descent? What do im¬ 
 munity and franchise mean? 
 
 16. What reason can you give for the existence of 
 this section? 
 
 17. What does alienate mean? 
 
GOVERNMENT OF NEBRASKA 
 
 39 
 
 18. Explain the necessity for this section. 
 
 19. What does the word fiscal mean? .The fiscal year 
 of the state begins December first. The first fiscal quar¬ 
 ter after the adjournment of a regular session of the 
 legislature is usually the quarter beginning June first. 
 What is two-thirds of the total number of members 
 elected to the house of representatives? to the senate? 
 Give the reason for the prohibition contained in the last 
 sentence of the section. 
 
 22. Explain the meaning of the word warrant as used 
 in this section. 
 
 23. Why is this section necessary? 
 
 24. What is the preamble of an act? 
 
 ARTICLE IV—LEGISLATIVE APPORTION- 
 
 MENT 
 
 Until otherwise provided by law, senatorial and 
 representative districts shall be formed, and sena¬ 
 tors and representatives apportioned as follows: 
 
 QUESTIONS ON ARTICLE IV 
 
 The legislative apportionment as given in the con¬ 
 stitution has in many cases been greatly changed. What 
 county or counties are now comprised in your senatorial 
 district? To how many senators is it entitled? 
 
 What county or counties are at this time comprised 
 in your representative district? To how many represen¬ 
 tatives is it entitled? 
 
 ARTICLE V — EXECUTIVE DEPARTMENT 
 
 Section 1. Officers; terms; residence —The ex¬ 
 ecutive department shall consist of a Governor, 
 Lieutenant Governor, Secretary of State, Auditor 
 of Public Accounts, Treasurer, Superintendent of 
 Public Instruction, Attorney-General, and Com- 
 
40 
 
 GOVERNMENT OF NEBRASKA 
 
 missioner of Public Lands and Buildings, whc 
 shall each hold his office for the term of two years 
 from the first Thursday and the first Tuesday in 
 January next after his election, and until his suc¬ 
 cessor 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, 1876, and each succeeding election 
 shall be held at the same relative time in each even 
 year thereafter. The Governor, Secretary of 
 State, Auditor of 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 r . 
 
 Sec. 2. Persons ineligible —No person shall be 
 eligible to the office of governor or lieutenant gov¬ 
 ernor who shall not have attained the age of 
 thirty years, and been for two years next preced¬ 
 ing his election a citizen of the United States and 
 of this state. None of the officers of the executive 
 department shall be eligible to any other state 
 office during the period for which they shall have 
 been elected. 
 
 Sec. 3. Treasurer ineligible —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. 
 
 Sec. 4. Elections; returns; canvass; contests— 
 The returns of every election for the officers of the 
 executive department shall be sealed up and 
 transmitted by the returning officers to the Secre¬ 
 tary of State, directed to the speaker of the house 
 of representatives, who shall immediately after 
 
GOVERNMENT OF NEBRASKA 
 
 41 
 
 the organization of the house, and before proceed¬ 
 ing 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 as¬ 
 semble 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 vote, 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 vote, in such manner as may 
 be prescribed by law. 
 
 Sec. 5. Impeachment —All civil officers of this 
 state shall be liable to impeachment for any mis¬ 
 demeanor in office. 
 
 Sec. 6. Executive power —The supreme execu¬ 
 tive power shall be vested in the governor, who 
 shall take care that the laws be faithfully exe¬ 
 cuted. 
 
 Sec. 7. Message of Governor —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 reg¬ 
 ular session, present estimates of the amount of 
 
42 
 
 GOVERNMENT OF NEBRASKA 
 
 money required to be raised by taxation for all 
 purposes. 
 
 Sec. 8. Convening legislature —The governor 
 may, on extraordinary occasions, convene the leg¬ 
 islature by proclamation, stating therein the pur¬ 
 pose for which they are convened, and the legis¬ 
 lature shall enter upon no business except that 
 for which they were called together. 
 
 Sec. 9. Proroguing legislature —In case of a 
 disagreement between the two houses w T ith 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. Appointments by governor —The gov¬ 
 ernor 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 constitution, or which may be 
 created by law, and whose appointment, or elec¬ 
 tion is not otherwise by law or herein provided 
 for; and no such officer shall be appointed or 
 elected by the legislature. 
 
 Sec. 11. Vacancies in office; how filled —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 
 voting yeas and nays), shall hold his office during 
 
GOVERNMENT OF NEBRASKA 
 
 43 
 
 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 nomi¬ 
 nated for the same office at the same session, un¬ 
 less at request of the senate, or be appointed to 
 the same office during the recess of the legislature. 
 
 Sec. 12. Removal of officers —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 pro¬ 
 vided in other cases of vacancy. 
 
 Sec. 13. Pardoning power —The governor shall 
 have the power to grant reprieves, commutations 
 and pardons, after conviction, for all offenses ex¬ 
 cept 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, rela¬ 
 tive 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, direct the execution of 
 the sentence, or grant a further reprieve. He 
 shall communicate to the legislature, at every reg¬ 
 ular session, each case of reprieve, commutation 
 or pardon granted, stating the name of the con¬ 
 vict, the crime of which he was convicted, the 
 sentence and its date, and the date of the re¬ 
 prieve, commutation or pardon. 
 
 Sec. 14. Governor shall be commander in chief 
 
 —The governor shall be commander-in-chief of 
 
44 
 
 GOVERNMENT OF NEBRASKA 
 
 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. 
 
 Sec. 15. Bill; approval; veto —Every bill passed 
 by the legislature, before it becomes a law T , and 
 every order, resolution or vote to which the con¬ 
 currence of both houses may be necessary (except 
 on questions 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 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 be reconsidered; and if approved 
 by three-fifths of the members elected to that 
 house, it shall become a law, notwithstanding the 
 objections of the governor. 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 of such adjournment, or become 
 a law. The governor may disapprove any item 
 
GOVERNMENT OF NEBRASKA : 45 
 
 or items of appropriation contained in bills passed! 
 by the legislature, and the item or items so dis¬ 
 approved shall be stricken therefrom, unless re¬ 
 passed in the manner herein prescribed in cases 
 of disapproval of bills. 
 
 Sec. 16. Vacancy in office of governor —In case 
 of the death, impeachment and notice thereof to 
 the accused, failure to qualify, resignation, ab¬ 
 sence 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. 
 
 Sec. 17. President of senate —The lieutenant 
 governor shall be president of the senate, and 
 shall vote only when the senate is equally divided. 
 
 Sec. 18. Office of governor, how filled —If there 
 be no lieutenant governor, or if the lieutenant 
 governor for any of the causes specified in section 
 sixteen of this article, become incapable of per¬ 
 forming 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 perform¬ 
 ing the duties of governor, the same shall devolve 
 upon the speaker of the house of representatives. 
 
 Sec. 19. Board of public lands and buildings— 
 The commissioner of public lands and buildings, 
 the secretary of state, treasurer and attorney gen¬ 
 eral 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 
 
46 
 
 GOVERNMENT OF NEBRASKA 
 
 those for educational purposes; and shall perform 
 such duties, and be subject to such rules and regu¬ 
 lations, as may be prescnoed by law. 
 
 Sec. 20. Vacancies in office, how filled —If the 
 
 office of auditor of public accounts, treasurer, sec¬ 
 retary 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 this office until his succes¬ 
 sor shall be elected and qualified in such manner 
 us may be provided by law. 
 
 Sec. 21. Accounts of public officers —An ac¬ 
 count 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 severally from all sources, and for every ser¬ 
 vice performed, and a semi-annual report thereof 
 be made to the governor under oath; and any of¬ 
 ficer who makes a false report shall be guilty of 
 perjury and be punished accordingly. 
 
 • Sec. 22. Reports to governor —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 trans¬ 
 mit 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 gov¬ 
 ernor 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 
 
GOVERNMENT OF NEBRASKA 
 
 4? 
 
 any subject relating to the condition, management 
 and expenses of their respective offices. 
 
 Sec. 23. Seal of state —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. Salaries, fees; clerks —The salaries of 
 the governor, auditor of public accounts, and 
 treasurer, shall be two thousand five hundred 
 dollars each per annum, and of the secretary of 
 state, attorney general, superintendent of public 
 instruction, and commissioner of public lands and 
 buildings shall be two thousand dollars each per 
 annum. The lieutenant governor shall receive 
 twice the compensation of a senator, and after the 
 adoption of this constitution they shall not receive 
 to their own use any fees, costs, interests upon 
 public moneys in their hands, or under their con¬ 
 trol, perquisites of office or other compensation, 
 and all fees that may hereafter be payable by law 
 for services performed by an officer provided for 
 in this article 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. Bonds of officers —The officers men¬ 
 tioned 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 than the 
 sum of fifty thousand dollars, with such provisions 
 as to sureties and the approval thereof, and for 
 
*48 GOVERNMENT OF NEBRASKA 
 
 increase of the penalty of such bonds as may 
 be prescribed by law. 
 
 1 Sec. 26. No other offices —No other executive 
 •state office shall be continued or created, and the 
 duties now devolving upon officers not provided 
 for by this constitution shall be performed by the 
 officers herein created. 
 
 QUESTIONS ON ARTICLE V 
 
 * ' • • • 
 
 1. Of how many officers does the executive depart¬ 
 ment consist? State briefly the duty of each. Give the 
 name of the person who at this time is filling each of 
 these offices. 
 
 2. Why should a person be ineligible to the office of 
 governor or lieutenant governor who shall not have at¬ 
 tained the age of thirty years and who has not been 
 for the two years next preceding his election a citizen 
 •of the United States and of this state? 
 
 3. What is meant by consecutive terms? Why should 
 a person be ineligible to the office of treasurer for two 
 years next after the expiration of two consecutive terms 
 for which he was elected? 
 
 7. Define expedient. What are vouchers? 
 
 11. What is meant by the recess of the legislature? 
 
 12. Define malfeasance. 
 
 13. Define reprieve, commutation, pardon. 
 
 14. What is an insurrection? 
 
 16. Define failure to qualify, disability of the gov¬ 
 ernor, emoluments of the office, and residue of the term. 
 
 18. The term president of the senate used in this sec¬ 
 tion refers to the temporary president mentioned in Ar- 
 
 . tide III, Section 7. 
 
 19. Name and locate the various state institutions of 
 which the Board of Public Lands and Buildings has 
 general supervision and control. 
 
 21. What does disbursed by them severally mean? 
 What is perjury? 
 
GOVERNMENT OF NEBRASKA 
 
 49 
 
 23. What use is made of the great seal of the state 
 of Nebraska? 
 
 24. A biennial session of the legislature extended over 
 a period of sixty days. How much did the compensation 
 of the lieutenant governor amount to for the session? 
 
 25. Explain the meaning of the word bonds as it is 
 used in this section. 
 
 ARTICLE VI—THE JUDICIAL DEPARTMENT 
 
 Section 1. Judicial power —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 may be created 
 by law for cities and incorporated towns. 
 
 Sec. 2. Supreme court; jurisdiction —The su¬ 
 preme court shall consist of three judges, a ma¬ 
 jority 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, qou warranto, habeas corpus, 
 and such appellate jurisdiction as may be pro¬ 
 vided by law. 
 
 Sec. 3. Terms of supreme court —At least two 
 terms of the supreme court shall be held each 
 year, at the seat of government. 
 
 Sec. 4. Election of judges —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. 
 
 Sec. 5. How classified —The judges of the su- 
 
50 
 
 GOVERNMENT OF NEBRASKA 
 
 / 
 
 preme court, shall immediately after the first elec¬ 
 tion 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. Chief justice— The judge of the supreme 
 court having the shortest term to serve, not hold¬ 
 ing 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. 
 
 Sec. 7. Who ineligible —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. Reporter; copyright of reports —There 
 shall be appointed by the supreme court a re¬ 
 porter, 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. District courts; jurisdiction —The dis¬ 
 trict court shall have both chancery and common 
 law jurisdiction, and such other jurisdiction as 
 the legislature may provide; and the judges 
 
GOVERNMENT OF NEBRASKA 
 
 51 
 
 thereof may admit persons charged with felony 
 to a plea of guilty and pass such sentence as may 
 be prescribed by law. 
 
 Sec. 10. Judicial districts —The state shall be 
 divided into six judicial districts, in each of which 
 shall be elected, by the electors thereof, one judge 
 who shall be judge of the district court there¬ 
 in, and whose term of office shall be four years. 
 
 Sec. 11. Increase of districts —The legislature, 
 wdienever two-thirds of the members 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, in¬ 
 crease the number of judges of the district courts, 
 and the judicial districts of the state. Such dis¬ 
 tricts 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. 
 
 Sec. 12. Judges exchange —The judges of the 
 district court may hold courts for each other, and 
 shall do so when required by law. 
 
 Sec. 13. Salary —The judges of the supreme 
 
 and district courts shall each receive a salarv of 
 
 «/ 
 
 twenty-five hundred dollars per annum, payable 
 quarterly. 
 
 Sec. 14. No other compensation; attorney; 
 county judge —No judge of the supreme or dis¬ 
 trict courts shall receive any other compensation, 
 perquisite, or benefits, 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. 
 
52 
 
 GOVERNMENT OF NEBRASKA 
 
 Sec. 15. County judge— There shall be elected 
 in and for each organized county one judge, who 
 shall be judge in the county court of such county, 
 and whose term of office shall be two years. 
 
 Sec. 16. County courts; jurisdiction —County 
 courts shall be courts of record, and shall have 
 original jurisdiction in all matters of probate, 
 settlements of estates of deceased persons, ap¬ 
 pointment of guardians, and settlement of their 
 accounts; in all matters relating to apprentices; 
 and such other jurisdiction as may be given by 
 general law. 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 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 district court —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, and in such other 
 cases as may be provided by law. 
 
 Sec. 18. Justices of the peace; police magis¬ 
 trate; jurisdiction— 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 shail 
 exceed two hundred dollars; nor in a criminal 
 
GOVERNMENT OF NEBRASKA 
 
 53 
 
 case where the punishment may exceed three 
 months imprisonment, or a fine of over one hun¬ 
 dred dollars; nor in any matter wherein the title 
 or boundaries of land may be in dispute. 
 
 Sec. 19. Laws, proceedings, etc., to be uniform 
 
 —All laws relating to courts shall be general, and 
 of uniform operation; and the organization, juris¬ 
 diction, powers, proceedings, and practice of all 
 courts of the same class or grade, so far as regu¬ 
 lated by law and the force and effect of the pro¬ 
 ceedings, judgments, and decrees of such courts, 
 severally, shall be uniform. 
 
 Sec. 20. Terms of office; residence; duties; com¬ 
 pensation —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 com¬ 
 pensation as may be provided by law. 
 
 Sec. 21. Vacancies in offices of judges, how filled 
 
 —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. Va¬ 
 cancies in all other elective offices provided for in 
 
54 
 
 GOVERNMENT OF NEBRASKA 
 
 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. 
 
 Sec. 22. Suits by and against state— The state 
 may sue and be sued, and the legislature shall 
 provide by law in what manner and in what courts 
 suits shall be brought. 
 
 Sec. 23. Jurisdiction of chambers— The several 
 judges of the courts of record shall have such 
 jurisdiction at chambers as may be provided by 
 law. 
 
 Sec. 24. Style of process— All process shall run 
 m the name of “The State of Nebraska,” and all 
 prosecutions shall be carried on in the name of 
 *‘The State of Nebraska.” 
 
 QUESTIONS ON ARTICLE VI 
 
 Note.—In connection with the study of this article note 
 the amendment to “A” to be found at the end of the book. 
 Study the amendment now. 
 
 2. Who are the judges of the supreme court at this 
 time? Define each of the following expressions: original 
 jurisdiction, civil cases, mandamus, quo warranto, habeas 
 corpus, and appellate jurisdiction 
 
 4. Explain the expression shall be elected by the elec¬ 
 tors of the state at large. Where is the Supreme Court 
 held? Why should judges of that court be required to 
 reside there? 
 
 6. Who is chief justice now? When will his term 
 expire? 
 
 7. Give a reason for each of the qualifications of a 
 supreme judge mentioned in this section. 
 
 8. What is a copyright? What are state reports?... 
 
 0. \\ hat is chancery jurisdiction? common law "juris¬ 
 diction? J 
 
GOVERNMENT OF NEBRASKA 
 
 55 
 
 10. Since the constitution was adopted the state has. 
 been redistricted. What county or counties are com¬ 
 prised in the district you live in? Who is the judge of 
 the district court of this district? 
 
 12. State conditions under which you think one dis¬ 
 trict judge should hold court for another. 
 
 14. Give a reason for each of the statements con¬ 
 tained in this section. 
 
 15. Who is the judge of the county court of this 
 county? When elected? 
 
 16. What is a court of record? What other courts pro¬ 
 vided for in this constitution are courts of record? What 
 is meant by matters of probate? title to real estate? 
 actions on mortgages? 
 
 17. Define the term defendant as it is used here. What 
 name is applied to the other party to a lawsuit? 
 
 19. Give the meaning of each of the following words: 
 
 jurisdiction, proceedings, decrees. 
 
 23. What does jurisdiction at chambers mean? 
 
 24. What does process mean? 
 
 ARTICLE VII—RIGHTS OF SUFFRAGE 
 
 Section 1. Who are electors —Every male per¬ 
 son of the age of twenty-one years or upwards 
 belonging to either of the following classes, who 
 shall have resided in the state six months, and in 
 the county, precinct, or ward for the term pro¬ 
 vided 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, at least thirty days 
 prior to an election. 
 
 Sec. 2. Who not qualified —No person shall be 
 qualified to vote who is non compos mentis, or 
 
56 
 
 GOVERNMENT OF NEBRASKA 
 
 who h as been convicted of treason or felony under 
 the laws of the state or of the United States, un- 
 less restored to civil rights. 
 
 Sec. 3. Electors in military service —Every elec- 
 tor in the actual military service of the United 
 States or of this state, and not in the regular 
 army, may exercise the right of suffrage at such 
 
 place and under such regulations as may be pro¬ 
 vided by law. 
 
 Sec. 4. Soldiers or sailors not electors _No 
 
 soldier, seaman, or marine in the army and navy 
 of the United States shall be deemed a resident of 
 the state in consequence of being stationed therein. 
 
 Sec. 5. Electors privileged from arrest; military 
 duty 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 elec¬ 
 tor shall be obliged to do military duty on the 
 
 days of elections, except in time of war and public 
 danger. 
 
 Sec. 6. Ballots —All votes shall be by ballot. 
 
 QUESTIONS ON ARTICLE VII 
 
 1. An immigrant from Europe lands at New York in 
 Apnl, and comes immediately to Nebraska. In Septem¬ 
 ber he declares his intention to become a citizen. Can 
 he. vote at the election in November? If so, do you 
 think it best for him to be allowed to vote so soon? A 
 person moves from one county to another; how long 
 must he reside in his newly acquired place of residence 
 before he can vote? A person moves from one precinct 
 or township to another in the same county or from one 
 v ard to another in the same city; how long a time must 
 elapse before he is entitled to vote? Is the residence 
 
GOVERNMENT OF NEBRASKA 
 
 57 
 
 qualification for voting at a municipal election the same 
 as that for voting at a general election? If not, give a 
 reason for the difference. State the length of time in 
 each case. 
 
 2. What does non compos mentis mean? A convict in 
 the state penitentiary has lost his right to vote. What 
 must be done in order for him to regain that right? 
 
 3. In what ways may an elector be in the actual mili¬ 
 tary service of the United States or of this state and not 
 be in the regular army? 
 
 4. At what places in Nebraska are United States 
 soldiers stationed at the present time? 
 
 5. Give a reason for the statements contained in this 
 section. 
 
 ARTICLE VIII—EDUCATION 
 
 Section 1. Board of educational lands and funds 
 
 —The governor, secretary of state, treasurer, at¬ 
 torney general, and commissioner of public lands 
 and buildings shall, under the direction of the leg¬ 
 islature, constitute a board of commissioners, for 
 the sale, leasing, and general management of all 
 lands and funds set apart for educational pur¬ 
 poses, and for the investment of school funds, in 
 such manner as may be prescribed by lav. 
 
 Sec. 2. Property, how used —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 accord¬ 
 ance with the terms of such grant, bequest or con¬ 
 veyance. ' • 
 
 Sec. 3. Permanent school fund —The following 
 are hereby declared to be ’perpetual funds for 
 common school purposes of which the annual in- 
 
58 
 
 GOVERNMENT OF NEBRASKA 
 
 terest 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 numbers sixteen and thirty-six 
 in each township in this state, and the lands se¬ 
 lected, 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 come to the state, 
 oy 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. 
 
 Sec. 4. Temporary school fund—All other 
 
 grants, gifts, and devises, that have been, or may 
 hereafter be, made to this state, and not other¬ 
 wise appropriated by the terms of the grant, gift 
 or devise, the interest arising from all the funds 
 mentioned in the preceding section, together 
 w r ith all the rents of the unsold school lands, and 
 such other means as the legislature may provide, 
 shall be exclusively applied to the support and 
 maintenance of common schools in each school 
 district in the state. 
 
 Sec. 5. Fines, penalties, and license moneys— 
 
 All fines, penalties, and license moneys, arising 
 
GOVERNMENT OF NEBRASKA 
 
 59 
 
 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 sub¬ 
 division less than a county shall belong and be 
 paid over to the same respectively. All such fines, 
 penalties and license moneys shall be appropri¬ 
 ated exclusively to the use and support of com¬ 
 mon schools in the respective subdivisions where 
 the same may accrue. 
 
 Sec. 6. Common schools —The legislature shall 
 provide for the free instruction in the common 
 schools of this state of all persons between the 
 ages of five and twenty-one years. 
 
 Sec. 7. Distribution of income —Provision shall 
 be made by general law for an equitable distribu¬ 
 tion of the income of the fund set apart for the 
 support of the common schools, among the sev¬ 
 eral school districts of the state and no appropri¬ 
 ation shall be made from said fund to any dis¬ 
 trict for the year in which school is not main¬ 
 tained at least three months. 
 
 Sec. 8. Educational lands; price —University, 
 agricultural college, common school or other lands 
 which are now held or may hereafter be acquired 
 by the state for educational purposes, shall not 
 be sold for less than seven dollars per acre, nor 
 less than the appraised value. 
 
 Sec. 9. Funds inviolate; investment —All funds 
 belonging to the state for educational purposes, 
 the interest and income whereof only are to be 
 
60 
 
 GOVERNMENT OE NEBRASKA 
 
 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 shall not be invested or loaned except on 
 United States or state securities, or registered 
 county bonds of this state; and such funds with 
 the interest and income thereof, are hereby sol¬ 
 emnly pledged for the purposes for vdiich they 
 are granted and set apart, and shall not be trans¬ 
 ferred to any other fund for other uses. 
 
 Sec. 10. Government of university; regents— 
 
 The genera] government of the University of Ne¬ 
 braska shall, under the direction of the legislature 
 be vested in a board of six regents to be styled 
 the Board of Regents of the University of Nebras¬ 
 ka, who shall be elected by the electors of the 
 state at large, and their term of office except those 
 chosen at the first election as hereinafter provided, 
 shall be six years. Their duties and powers shall 
 be prescribed by lav r ; and they shall receive no 
 compensation, but may be reimbursed their actual 
 expenses incurred in the discharge of their duties. 
 
 Sec. 11. Sectarian instruction prohibited —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 pur¬ 
 poses ; nor shall the state accept any grant, con¬ 
 veyance, or bequest of money, lands or other prop¬ 
 erty to be used for sectarian purposes. 
 
 Sec. 12. Reform schools —The legislature may 
 provide by law for the establishment of a school 
 or schools for the safe keeping, education, employ¬ 
 ment and reformation of all children under the 
 
GOVERNMENT OF NEBRASKA 
 
 61 
 
 age of sixteen years, who for want of proper par¬ 
 ental care, or other cause, are growing up in men¬ 
 dicancy or crime. 
 
 QUESTIONS ON ARTICLE VIII 
 
 1. Bring to the class such information as you can get 
 with regard to the sale, leasing and general management 
 of all lands and funds set apart for educational purposes. 
 How are school funds invested at the present time? 
 
 3. Section 12 of the Nebraska Enabling Act reads as 
 follows: “That five per centum of the proceeds of the 
 sales of all public lands lying within said state which 
 have been or shall be sold by the United States prior or 
 subsequent to the admission of said state into the Union, 
 after deducting all expenses incident to the same, shall 
 be paid to the said state for the support of common 
 schools.What is an enabling act? When and by what 
 body was the Nebraska Enabling Act passed? 
 
 Section 7 of the Nebraska Enabling Act reads as fol¬ 
 lows: “That sections numbered sixteen and thirty-six in 
 every township, and when such sections have been sold 
 or otherwise disposed of by an act of Congress, other 
 lands equivalent thereto, in legal subdivisions of not less 
 than one-quarter section and as contiguous as may be, 
 shall be, and are hereby, granted to said state for the 
 support of common schools. ” What does the word con¬ 
 tiguous mean? Locate exactly, in the township in which 
 you live, sections sixteen and thirty-six. How many acres 
 are included in the sections of land, or other lands equiv¬ 
 alent thereto f'hat were granted by Congress from all of 
 the townships of your county to the state for the support 
 of common schools? Give the meaning of each of the 
 following expressions: escheat, forfeiture, unclaimed divi¬ 
 dends, distributive shares of the estates of deceased per¬ 
 sons, stocks, and bonds as that word is used here. What 
 is the amount of the permanent school fund of the state 
 at this time? What is the annual income from it? 
 
 4. What does the word devises mean? Such other 
 means as the legislature may provide taken with the 
 context gives the legislature the right to provide for 
 the levying of taxes on personal property. 
 
62 
 
 GOVERNMENT OF NEBRASKA 
 
 7. How much money did your district receive last 
 year from the state school fund? How much did your 
 county receive? Explain how the amount to be given 
 to each county and to each school district is determined. 
 
 8. Section 10 of the enabling act provides for the set¬ 
 ting apart of seventy-two sections of land to be reserved 
 for the use and support of a state university. In 1862 
 the United States set apart, within the limits of Ne¬ 
 braska, 90,000 acres of land for the endowment and sup¬ 
 port of a college for the benefit of agriculture. Since 
 the Nebraska school of agriculture is a department of 
 the state university, the rentals of the above mentioned 
 lands and interest on the proceeds of the sale of them 
 has been, and is, a source of financial support for the 
 university. What is meant by appraised value? 
 
 Note.—Study at this time the amendment to this section 
 found near the close of the book. 
 
 9. Explain the meaning of each of the following ex¬ 
 pressions: inviolate, United States or state securities, 
 and registered county bonds. 
 
 11. What is meant by sectarian instruction? 
 
 12. Define mendicancy. Locate and name each of the 
 schools established by the state under the authority 
 given by this section of the constitution. 
 
 ARTICLE IX—REVENUE AND FINANCE 
 
 Section 1. Revenue; taxes —The legislature shall 
 provide such revenue as may be needful, by levy¬ 
 ing 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 and franchises 
 the value to be ascertained in such manner as the 
 legislature shall direct, and it shall have power to 
 tax peddlers, auctioneers, brokers, hawkers, com¬ 
 mission merchants, showmen, jugglers, inn-keep¬ 
 ers, liquor dealers, toll bridges, ferries, insurance, 
 telegraph and express interests or business, vend- 
 
GOVERNMENT OF NEBRASKA 
 
 63 
 
 -ers of patents, in such manner as it shall direct 
 by general law, uniform as to the class upon 
 which it operates. 
 
 Sec. 2. Exemption from taxation —The property 
 of the state, counties, and municipal corporations, 
 both real and personal shall be exempt from tax¬ 
 ation, and such other property as may be used 
 exclusively for agricultural and horticultural 
 societies, for school, religious, cemetery, and char¬ 
 itable purposes, may be exempted from taxation, 
 but such exemptions 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 cul¬ 
 tivated thereon, shall not be taken into account, 
 in the assessment thereof. 
 
 Sec. 3. Redemption from sales of lands for taxes 
 —The right of redemption from all sales of real 
 estate for the non-payment 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: Provided, that occupants 
 shall in all cases be served with personal notice 
 before the time of redemption expires. 
 
 Sec. 4. Taxes not to be released —The legis¬ 
 lature shall have no power to release or discharge 
 any county, city, township, town or district what¬ 
 ever, or the inhabitants thereof, or any corpor¬ 
 ation, or the property therein, from their or its 
 proportionate share of taxes to be levied for state 
 
64 
 
 GOVERNMENT OF NEBRASKA 
 
 purposes, or due any municipal corporation, nor 
 shall commutation for such taxes be authorized in 
 any form whatever. 
 
 Sec. 5. County taxes; limit —County authorities 
 shall never assess taxes the aggregate of which 
 shall exceed one and one-half dollars per hundred 
 dollars valuation, except for the payment of in¬ 
 debtedness existing at the adoption of this con¬ 
 stitution, unless authorized by a vote of the peo¬ 
 ple of the county. 
 
 Sec. 6. Municipal taxes —The legislature may 
 vest the corporate authorities of cities, towns, and 
 villages, with power to make local improvements 
 by special assessments, or by special taxation of 
 property benefited. For all other corporate pur¬ 
 poses, 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. 
 
 . ' t * ’ . » ' 4 * 
 
 Sec. 7. Property exempt from payment of 
 municipal debts —Private property shall not be 
 liable to be taken or sold for the payment of the 
 corporate debts of municipal corporations. The 
 legislature shall not impose taxes upon municipal 
 corporations, or the inhabitants or property 
 thereof, for corporate purposes. 
 
 Sec. 8. Funding indebtedness —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 eight per cent per annum. 
 
 Sec. 9. Claims upon state treasury— The legis- 
 
GOVERNMENT OF NEBRASKA 
 
 65 
 
 lature 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. Provided that a party aggrieved 
 by the decision of the auditor and secretary of 
 state may appeal to district court. 
 
 QUESTIONS ON ARTICLE IX 
 
 1. What is a corporation? 
 
 What are franchises? 
 
 2. What is meant by municipal corporations? Explain 
 the meaning of the expression incumbered by public 
 easement. Give an illustration of such incumbrance. 
 Give a reason for the power given the legislature in the 
 last sentence of this section. 
 
 3. Explain what is meant by the right of redemption 
 from all sales of real estate. Give an illustration of 
 special assessments on real estate. Find, by inquiry, 
 an example of the sale of real estate for the non-pay¬ 
 ment of taxes or special assessments. 
 
 4. Explain what commutation for such taxes means. 
 
 5. By valuation the assessed valuation is meant. Last 
 year in your county the assessed valuation was what 
 fraction of the actual valuation? 
 
 6. Give the meaning of the word vest. In what offi¬ 
 cers is the corporate authority of your city, town, or 
 village vested? Find, if you can, whether or not in re¬ 
 cent years the corporate authorities of your city, town, 
 or village have made local improvements by special 
 assessment or by special taxation of property benefited. 
 If they have done so what were the improvements? 
 Who makes the tax levy for your town? 
 
 7. Note the care with which private and municipal 
 rights are guarded in this section. 
 
 What does funding mean? Define warrants as the 
 word is used here. 
 
 9. Why should all claims upon the treasury be exam¬ 
 ined and adjusted by the auditor and approved by the 
 
66 
 
 GOVERNMENT OE NEBRASKA 
 
 secretary of state before any warrant for the amount 
 allowed can be drawn? 
 
 ARTICLE X—COUNTIES 
 
 Section 1. Area —No new county shall be 
 formed or established by the legislature which 
 will reduce the county or counties, or either of 
 them to a less area than four hundred square 
 miles, nor shall any county be formed of a less 
 area. 
 
 Sec. 2. Division of counties —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. 
 
 Sec. 3. Same —There shall be no territory 
 stricken from any organized county, unless a ma¬ 
 jority 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 por¬ 
 tion 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 propor¬ 
 tion of the indebtedness of the counties from 
 which it has been taken. 
 
 Sec. 4. Election of officers —The legislature 
 shall provide by law for the election of such 
 county and township officers as may be necessary. 
 
 Sec. 5. Township organization —The legislature 
 shall provide by general law for township organ- 
 
GOVERNMENT OF NEBRASKA 
 
 G7 
 
 ization, under which any county may organize 
 whenever a majority of the legal voters of such 
 county voting at any general election shall so de¬ 
 termine ; 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. 
 
 QUESTIONS ON ARTICLE X 
 
 1. Why should a county not contain fewer than four 
 hundred square miles? How many congressional town¬ 
 ships (areas of land six miles square according to the 
 United States government survey) would there be in 
 a county containing four hundred square miles? How 
 many square miles are there in your county? How 
 many congressional townships? 
 
 2 and 3. Give one or more reasons for the existence 
 of these sections. 
 
 5. Explain what is meant by township organization. 
 Is your county under township organization? If not, 
 wdiat are the essential differences between the town¬ 
 ship organization system and the system your county 
 is under? Which system do you think is the best? Give 
 reasons for your answer. 
 
 ARTICLE XI —RAILROAD CORPORATIONS 
 
 Section 1. Public office; reports —Every rail¬ 
 road corporation organized or doing business in 
 this state, under the laws or authority thereof, or 
 of any other state, or of the United States, 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 
 
68 
 
 GOVERNMENT OF NEBRASKA 
 
 ^ Inch 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 places of residence of its officers. The direct¬ 
 or of every railroad corporation or other parties 
 lanng control of its road, shall annually make a 
 report under oath, to the auditor of public ac¬ 
 counts, or some officer to be designated by law, of 
 the amount received from passengers and freight 
 and such other 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. 
 
 Sec. 2. Property liable to sale on execution— 
 
 he rolling stock and all other movable property 
 belonging to any railroad company or corpor¬ 
 ation m this state, shall be liable to execution and 
 sale m the same manner as the personal property 
 of individuals, and the legislature shall pass no 
 
 law exempting any such property from execution 
 and sale. 
 
 Sec. 3. Consolidation; competing line —No rail¬ 
 road corporation, or telegraph company, shall 
 consolidate its stock, property, franchises, or 
 earnings m whole or in part, with any other rail- 
 load corporation or telegraph company owning a 
 
 in no case shall 
 
 any consolidation take place except upon public 
 notice of at least sixty days, to all stockholders 
 m such manner as may be provided by law. 
 
 Sec. 4. Railways public highways; rates of 
 
GOVERNMENT OF NEBRASKA 
 
 69 
 
 transportation; limiting liability —Railways here¬ 
 tofore constructed, or that may hereafter be con¬ 
 structed, 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 pre¬ 
 scribed by law. And the legislature may from 
 time to time pass laws establishing reasonable 
 maximum rates of charges for the transportation 
 of passengers and freight on the different rail¬ 
 roads in this state. The liability of railroad cor¬ 
 porations as common carriers shall never be 
 limited. 
 
 Sec. 5. Issuance of stocks and bonds —No rail- 
 railroad corporation shall issue any stock or 
 bonds, except for money, labor or property actu¬ 
 ally received and applied to the purposes for 
 which such corporation was created; and all stock, 
 dividends, or other fictitious increase of the cap¬ 
 ital stock or indebtedness of any such corporation 
 shall be void. The capital stock of railroad cor¬ 
 porations shall not be increased for any purpose, 
 except after public notice for sixty days, in such 
 manner as may be provided by law. 
 
 Sec. 6. Eminent domain —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 or¬ 
 ganized, or hereafter to be organized, and sub¬ 
 jecting them to the public necessity the same as 
 of individuals. 
 
 Sec. 7. Abuses regulated by law —The legis¬ 
 lature shall pass laws to correct abuses and pre- 
 
70 
 
 GOVERNMENT OF NEBRASKA 
 
 vent unjust discrimination and extortion in all 
 charges of express, telegraph and railroad com¬ 
 panies in this state and enforce such laws by ade¬ 
 quate penalties to the extent, if necessary for that 
 
 purpose, of forfeiture of their property and 
 franchises. 
 
 Sec. 8. Railroads organized in other states— 
 
 >so railroad corporation organized under the laws 
 of any other state, or of the United States and do¬ 
 ing business in this state shall be entitled to ex- 
 ercise the right of eminent domain or have power 
 to acquire the right of way, or real estate for 
 depot or other uses, until it shall have become a 
 body corporate pursuant to and in accordance 
 with the laws of this state. 
 
 QUESTIONS ON ARTICLE XI 
 
 1. Define the term capital stock. Give a reason for 
 the requirements contained in this section. 
 
 2. Define execution as the term is used here. 
 
 3. Why should a railroad corporation or telegraph 
 company not consolidate its stock, property, franchises, 
 or earnings in whole or in part with any other railroad 
 corporation or telegraph company owning a parallel or 
 competing line? 
 
 4. Note the statement that railways are public high¬ 
 ways. Has the legislature made use of its right to pass 
 laws establishing reasonable maximum rates of charges 
 for the transportation of passengers and freight on the 
 different railroads in this state? What is a common car¬ 
 rier? Explain the meaning of the word liability as used 
 in this section. 
 
 5. V hat is the difference between stocks and bonds 
 as those words are used here? What does fictitious in¬ 
 crease mean? Give a reason for the prohibition con¬ 
 tained in the first section of this article. What is 
 watered stock? 
 
GOVERNMENT OF NEBRASKA 
 
 71 
 
 6. What is the right of eminent domain? What is 
 meant by subjecting them to the public necessity? 
 
 7. What does unjust discrimination and extortion 
 
 mean? 
 
 8. What does the right of way mean? 
 
 ARTICLE XIa—MUNICIPAL CORPORATIONS 
 
 Section 1. Subscriptions prohibited —No city, 
 county, town, precinct, municipality, or other 
 subdivision of the state, shall ever become a sub¬ 
 scriber to the capital stock, or owner of such 
 stock, or any portion or interest therein of any 
 railroad, or private corporation, or association. 
 
 QUESTIONS ON ARTICLE XIa 
 
 1. Give a reason for the existence of this section. 
 
 ARTICLE Xlb—MISCELLANEOUS CORPOR¬ 
 ATIONS 
 
 Section 1. Incorporations by general law —No 
 
 corporation shall be created by special law, nor 
 its charter extended, changed, or amended, ex¬ 
 cept 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. 
 
 Sec. 2. Street railroads —No such general law 
 shall be passed by the legislature granting the 
 
72 
 
 government oe Nebraska 
 
 ngM to construct and operate a street railroad 
 
 I!^ m + VV Clty ’ . t0Wn ’ or incorporated village 
 without first requiring the consent of a majority 
 ot the electors thereof. 
 
 S< r c : 3- Suits—All corporations may sue and be 
 sued m like cases as natural persons. 
 
 Sec. 4. Liability of subscribers to stock —In all 
 
 cases of claims against corporations and joint 
 
 s ock associations, the exact amount justly due 
 
 s la ie ist ascertained, and after the corporate 
 
 property shall have been exhausted the original 
 
 subscribers thereof shall be individually liable to 
 
 the extent of their unpaid subscription, and the 
 
 liability for the unpaid subscription shall follow 
 the stock. 
 
 Sec. 5. Elections —The legislature shall provide 
 iv lav that in all elections for directors or man¬ 
 agers of incorporated companies, every stock¬ 
 holder shall have the right to vote in person or 
 proxy, for the number of shares of stock owned 
 by him, for as many persons as there are directors 
 oi 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 
 ot his shares of stock, shall equal, or to distribute 
 them upon 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. 
 
 Sec. 6. Existing charters— 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 sixty days 
 
GOVERNMENT OF NEBRASKA 
 
 73 
 
 from the time this constitution takes effect, shall 
 thereafter have no validity or effect whatever. 
 
 Sec. 7. Banks; liability of stockholders; state¬ 
 ments —Every stockholder in a banking corpor- 
 tion or institution shall be individually responsi¬ 
 ble 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, and all banking corporations shall 
 publish quarterly statements under oath of their 
 assets and liabilities. 
 
 QUESTIONS ON ARTICLE Xlb 
 
 1. What do penal and patronage mean here? Explain 
 the necessity for the prohibition contained in the first 
 sentence of this section. 
 
 4. What is a joint stock association? 
 
 5. Define proxy and cumulate. 
 
 6. Define validity. 
 
 7. Have you ever seen the published quarterly state¬ 
 ment of a bank? Why should such statements be pub¬ 
 lished? 
 
 ARTICLE XII—STATE, COUNTY AND MUNI¬ 
 CIPAL INDEBTEDNESS 
 
 Section 1. Debts of state —The state may, to 
 meet casual deficits, or failures in the revenues, 
 contract debts never to exceed in the aggregate 
 one hundred thousand dollars, and no greater in¬ 
 debtedness shall be incurred except for the pur¬ 
 pose of repelling invasion, suppressing insurrec- 
 ion, or defending the state in war, and provision 
 shall be made for the payment of the interest 
 
74 
 
 GOVERNMENT OF NEBRASKA 
 
 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. 
 
 Sec. 2. Donations in aid of works of internal 
 improvement —No city, county, town, precinct, 
 municipality, or other subdivision of the state, 
 shall ever make donations to any railroad, or 
 other works of internal improvement, unless a 
 proposition so to do, shall have been first sub¬ 
 mitted to the qualified electors thereof, at an elec¬ 
 tion by authority of law. Provided, that such 
 donations of a county with the donations of such 
 subdivisions in the aggregate shall not exceed ten 
 per cent of the assessed valuation of such county. 
 Provided further, that any city or county may, by 
 r two-thirds vote increase such indebtedness five 
 per cent in addition to such ten per cent; and no 
 bonds or evidences of indebtedness so issued shall 
 be valid, unless the same shall have endorsed 
 thereon a certificate signed by the secretary and 
 auditor of state, showing that the same is issued 
 pursuant to law. 
 
 Sec. 3. State credit not given or loaned —The 
 
 credit of the state shall never be given or loaned 
 in aid of any individual, association, or corpor¬ 
 ation. 
 
 QUESTIONS ON ARTICLE XII 
 
 1. What is meant by casual deficits? What is the 
 difference between an insurrection and an invasion? 
 Define irrepealable. 
 
 2. Give a reason for the existence of this section. 
 
GOVERNMENT OF NEBRASKA 
 
 75 
 
 3. Tell just what is meant by the credit of the state. 
 Why should it never be given or loaned in aid of any 
 individual, association, or corporation? 
 
 ARTICLE XIII—MILITIA 
 
 Section 1. Militia —The legislature shall deter¬ 
 mine what persons shall constitute the militia 
 of the state, and may provide for organizing and 
 disciplining the same. 
 
 QUESTIONS ON ARTICLE XIII 
 
 The militia of the state is composed of able-bodied 
 male citizens between what age limits? 
 
 ARTICLE XIV—MISCELLANEOUS 
 
 PROVISIONS 
 
 Section 1. Oath of officers —Executive and ju¬ 
 dicial officers and members of the legislature, 
 before they enter upon their official duties shall 
 take and subscribe the following oath, or affirm¬ 
 ation. “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- 
 
 according to the best of my ability, and that at 
 the election at which I was chosen to fill said 
 office, I have not improperly influenced in any 
 way the vote of any elector, and have not ac¬ 
 cepted, nor will I accept or receive, directly or in¬ 
 directly, any money or other valuable thing from 
 any corporation, company or person, or any 
 promise of office, for any official act or influence 
 
-6 GOVERNMENT OF NEBRASKA 
 
 (for any vote I may give or withhold on any bill 
 resolution, or appropriation.)” Any such officer 
 or member of the legislature who shall refuse to 
 take the oath herein prescribed, shall forfeit his 
 office, and any person who shall be convicted of 
 having sworn falsely to, or of violating his said 
 oath shall forfeit his office, and thereafter be dis¬ 
 qualified from holding any office of profit or trust 
 
 m this state unless he shall have been restored to 
 civil rights. 
 
 Sec. 2. Who ineligible to office —Any person 
 vho is in default as collector and custodian of 
 public money or property shall not be eligible to 
 an\ office of trust or profit under the constitution 
 or laws of this state; nor shall any person con¬ 
 victed of felony be eligible to office unless he shall 
 have been restored to civil rights. 
 
 Sec. 3. Drunkenness— Drunkenness shall be a 
 
 cause of impeachment and removal from office. 
 
 QUESTIONS ON ARTICLE XIV 
 
 . Study carefully the oath or affirmation contained 
 in this section and note how full of meaning it is. 
 
 ARTICLE XV—AMENDMENTS 
 
 Section 1. How Made —Either branch of the 
 legislature may propose amendments to this con¬ 
 stitution, and if the same be agreed to by three- 
 fifths of the members elected to each house, such 
 proposed amendments shall be entered on the 
 journals, with the yeas and nays, and published 
 once each week in at least one newspaper in each 
 county, where a newspaper is published, for three 
 
GOVERNMENT OF NEBRASKA 
 
 77 
 
 months immediately preceding the next election 
 of senators and representatives, at which election 
 the same shall be submitted to the electors for 
 approval or rejection, and if a majority of the 
 electors voting at such election, adopt such 
 amendments, the same shall become a part of this 
 constitution. When more than one amendment is 
 submitted at the same election they shall be so 
 submitted as to enable the electors to vote on each 
 amendment separately. 
 
 Sec. 2. Convention to revise constitution— 
 
 When three-fifths of the members elected to each 
 branch of the legislature deem it necessary to call 
 a convention to revise, amend, or change this con¬ 
 stitution, they shall recommend to the electors to 
 vote at the next election of members of the legis¬ 
 lature, for or against the convention, and if a ma¬ 
 jority voting at said election vote for a conven¬ 
 tion, the legislature shall, at its next session pro¬ 
 vide by law for calling the same. The convention 
 shall consist of as many members as the house of 
 representatives, who shall be chosen in the same 
 manner, and shall meet within three months after 
 their election, for the purpose aforesaid. No 
 amendment or change of this constitution, agreed 
 upon by such convention, shall take effect until 
 the same has been submitted to the electors of the 
 state, and adopted by a majority of those voting 
 for or against the same. 
 
 QUESTIONS ON ARTICLE XV 
 
 1. What number of members in the senate would be 
 necessary to agree to a proposed amendment? What 
 number in the house? Why is it better for an amend¬ 
 ment to be approved by a majority of the electors vot- 
 
78 
 
 GOVERNMENT OF NEBRASKA 
 
 ing at the election at which it is submitted than to be- 
 approved simply by a majority of those voting on the 
 amendment ? 
 
 ARTICLE XVI—SCHEDULE 
 
 Section 1. Rights preserved —That no incon¬ 
 venience may arise from the revision and changes 
 made in the constitution of this state, and to carry 
 the same into effect, it is hereby ordained and de¬ 
 clared that 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. 
 
 Sec. 2. Fines, taxes, etc., to inure to people— 
 
 All fines, taxes, penalties and forfeitures 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 Ne¬ 
 braska, under this constitution. 
 
 Sec. 3. Recognizances, etc., to remain valid— 
 
 Recognizances, bonds, obligations, and all other 
 instruments entered into or executed upon 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 liabili¬ 
 ties upon the same shall continue; and all crimes 
 and misdemeanors shall be tried and punished as 
 though no change had been made in the constitu¬ 
 tion of this state. 
 
GOVERNMENT OF NEBRASKA 
 
 79 
 
 Sec. 4. Jurisdiction of courts —All existing 
 courts which are not in this constitution specific¬ 
 ally enumerated, and concerning which no other 
 provision is herein made shall continue in exist¬ 
 ence and exercise their present jurisdiction until 
 otherwise provided by law. 
 
 Sec. 5. Persons to continue in office —All per¬ 
 sons now filling any office or appointment shall 
 continue in the exercise of the duties thereof, ac¬ 
 cording to their respective commissions, elections 
 or appointments, unless by this constitution it is 
 otherwise directed. 
 
 Sec. 6. District Attorneys —The district attor¬ 
 neys now in office shall continue during their un¬ 
 expired 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. 
 
 Sec. 7. Constitution, when submitted —This con¬ 
 stitution shall be submitted to the people of the 
 State of Nebraska, for adoption or rejection, at 
 an election to be held on the second Tuesday of 
 October, 1875, and there shall be separately sub¬ 
 mitted at the same time for adoption or rejection 
 the independent article relating to “Seat of Gov¬ 
 ernment” and the independent article, “allowing 
 electors to express their preference for United 
 States Senator.” 
 
 Sec. 8. Election for —At said election the quali¬ 
 fied electors shall vote at the usual places of vot¬ 
 ing, and the said election shall be conducted and 
 
80 
 
 GOVERNMENT OF NEBRASKA 
 
 the returns thereof made according to the laws 
 now in force regulating general elections, except 
 as herein otherwise provided. 
 
 Sec. 9. Election supplies— The secretary of state 
 shall, at least twenty 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 of properly pre¬ 
 pared printed ballots for the said election as there 
 are voters in such county, the expense whereof 
 shall be audited and paid as other public print¬ 
 ing 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. 
 
 Sec. 10. Forms of ballot— At the said election 
 the ballots shall be of the following form: 
 
 For the New Constitution. Against the New 
 Constitution. For the article relating to “Seat of 
 Government.’ 7 Against the article relating to 
 “Seat of Government.” For the article “Allow¬ 
 ing electors to express their preference for United 
 States Senator.” Against the article “allowing 
 electors to express their preference for United 
 States Senator.” 
 
 Sec. 11. Returns and canvass of elections —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 respectively sub¬ 
 mitted shall be made by the several county clerks 
 
GOVERNMENT OF NEBRASKA 
 
 81 
 
 to the secretary of state, within fourteen days 
 after the election, and the returns of the said 
 votes shall within three days thereafter, be ex¬ 
 amined and canvassed by the president of this 
 convention, the secretary of state, and the gov¬ 
 ernor, or any two of them, and proclamation shall 
 be made forthwith, by the governor or the presi¬ 
 dent of this convention, of the result of the 
 canvass. 
 
 Sec. 12. Result of canvass —If it shall appear 
 that a majority of the votes polled are "For the 
 New Constitution ” then so much of this new con¬ 
 stitution as was not separately submitted to be 
 voted on by articles shall be the supreme law of 
 the State of Nebraska on and after the first day 
 . of November A. D. 1875. But if it shall appear 
 that a majority of the votes polled were "Against 
 the New Constitution ’ 7 the whole thereof includ¬ 
 ing the articles separately submitted shall be null 
 and void. If the votes "For the New Constitu¬ 
 tion ? 7 shall adopt the same and it shall appear 
 that a majority of the votes polled are "For the 
 article relating to ‘Seat of Government’ ”, said 
 article shall be a part of the Constitution of this 
 state. If the votes "For the ‘New Constitution’ ” 
 shall adopt the same and it shall appear that the 
 majority of the votes polled are "For the Article 
 ‘Allowing electors to express their preference for 
 United States Senator’ ” said article shall be a 
 part of the constitution of this state. 
 
 Sec. 13. General election, when held —The gen¬ 
 eral election of this state shall be held on the 
 Tuesday succeeding the first Monday of Novem¬ 
 ber of each year, except the first general election 
 
82 
 
 GOVERNMENT OF NEBRASKA 
 
 which shall be on the second Tuesday in October, 
 1875. All state, district, county, precinct, and 
 township officers, by the constitution or laws 
 made elective by the people, except school dis¬ 
 trict officers, and municipal officers in cities, vil¬ 
 lages and towns, shall be elected, at a general elec¬ 
 tion to be held as aforesaid. Judges of the su¬ 
 preme, 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 and thereafter at the 
 general election next preceding the time of the 
 termination of their respective terms of office. 
 Provided, that the office of no county commis¬ 
 sioner shall be vacated hereby. 
 
 Sec. 14. Terms of office— The terms of office of 
 all state and county officers, or judges of the su¬ 
 preme, district and county courts, and regents 
 of the University, shall begin on the first Thurs¬ 
 day after the first Tuesday in January next suc¬ 
 ceeding their election, 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. 
 
 Sec. 15. Successors of court —The supreme, dis¬ 
 trict and county courts established by this consti¬ 
 tution shall be the successors respectively of the 
 supreme court, the district courts and the probate 
 courts, having jurisdiction under the existing con¬ 
 stitution. 
 
 Sec. 16. Courts; continuance —The supreme, i 
 
GOVERNMENT OE NEBRASKA 
 
 83 
 
 district, and probate courts now in existence, shall 
 continue, and the judges thereof shall exercise the 
 power and retain their present jurisdiction until 
 the courts provided for by this constitution shall 
 be organized. 
 
 Sec. 17. Same— All cases, matters and proceed¬ 
 ings, 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. 
 
 Sec. 18. Existing constitution to cease —If this 
 constitution be adopted the existing constitution 
 shall cease in all its provisions on the first day of 
 November A. D. 1875. 
 
 Sec. 19. Provisions taking immediate effect— 
 
 The provisions of this constitution required to be 
 executed prior to the adoption or rejection there¬ 
 of shall take effect and be in force immediately. 
 
 Sec. 20. Duty of legislature —The legislature 
 shall pass all laws necessary to carry into effect 
 the provisions of this constitution. 
 
 Sec. 21. State officers to take oath —On the tak¬ 
 ing effect of this constitution all state officers 
 hereby continued in office shall before proceeding, 
 in the further discharge of their duties, take an 
 oath or affirmation to support this constitution. 
 
 Sec. 22. Regents of university, how classified— 
 
 The regents of the University shall be elected at 
 the first general election under this constitution, 
 and be classified by lot, so that two shall hold their 
 offices for the term of two years, two for the term 
 of four years, and two for the term of six years. 
 
84 
 
 GOVERNMENT OF NEBRASKA 
 
 Sec. 23. Executive officers continued in office_ 
 
 The present executive state officers shall continue 
 in office until the executive state officers provided 
 
 or in this constitution shall be elected and 
 qualified. 
 
 Sec. 24. Returns of votes cast at first election— 
 
 The returns of the whole vote cast for the judges 
 of the supreme and district courts, district attor¬ 
 neys and regents of the University, under the 
 first general election shall be made by the several 
 county clerks to the secretary of state within four¬ 
 teen days after the election; and the returns of 
 the said \ otes shall within three days thereafter 
 be examined and canvassed by the governor, sec¬ 
 retary of state and the president of this conven¬ 
 tion or any two of them, and the certificates of 
 election shall forthwith be issued by the secretary 
 of state to the persons found to be elected. 
 
 Sec. 25. Salaries paid by warrant of auditor— 
 
 The auditor shall draw the warrants of the state 
 quarterly for the payment of the salaries of all 
 officers under this constitution, whose compensa¬ 
 tion is not otherwise provided for, which shall be 
 paid out of any funds not otherwise appropriated. 
 
 Sec. 26. Terms of court— Until otherwise pro¬ 
 vided by law, the judges of the district courts 
 shall fix the time of holding courts in their respec¬ 
 tive districts. 
 
 Sec. 27. Members of first legislature— The mem¬ 
 bers of the first legislature under this constitution 
 shall be elected in the year 1876. 
 
 Sec. 28. Constitution; enrollment; publication 
 
 This constiution shall be enrolled and deposited 
 
GOVERNMENT OF NEBRASKA 
 
 85 
 
 in the office of the secretary of state, and printed 
 copies thereof shall be prefixed to the books con¬ 
 taining the laws of the state, and all future 
 editions thereof. 
 
 QUESTIONS ON ARTICLE XVI 
 
 I. Note the general purpose of this article. 
 
 3. What is a recognizance? 
 
 4. What does jurisdiction mean? 
 
 5. Define commission when used in the sense that 
 commissions is here. Name an official in your com¬ 
 munity who holds an office as the result of a commission 
 issued by the governor. 
 
 9. What are poll books, tally lists, and forms of re¬ 
 turn? 
 
 II. Define the word canvass as it is used in this sec¬ 
 tion. 
 
 13. W r hat is a county commissioner? 
 
 28. What does enrolled mean as used here? 
 
 PROPOSITIONS SEPARATELY SUBMITTED 
 
 Allowing Electors to Express Their Preference 
 for United States Senator 
 
 Election —The legislature may provide that at 
 the general election immediately preceding the 
 expiration of the term of a United States Senator 
 from this state, the electors may by ballot express 
 their preference for some person for the office of 
 United States Senator. The votes cast for such 
 candidates shall be canvassed and returned in the 
 same manner as for state officers. 
 
 Why is it best for the electors to be allowed to ex¬ 
 press their preference for United States Senator? When 
 
86 
 
 GOVERNMENT OF NEBRASKA 
 
 was this privilege last used by them? What candidate 
 tor United States senator received at that election a 
 majority of the votes cast? 
 
 Seat of Government 
 
 Relocation —The seat of government of the 
 state shall not be removed or relocated without 
 the assent of a majority of the electors of the state 
 voting thereupon, at a general election or elec¬ 
 tions, under such rules and regulations as to the 
 number of elections and manner of voting and 
 places to be voted for, as may be prescribed by 
 law. . Provided the question of removal may be 
 submitted at such other general elections as may 
 be provided by law. 
 
 Amendment 
 
 Adopted November 6, 1906. 
 
 State railway commission —There shall be a 
 
 state railway commission, consisting of three 
 members, who shall be first elected at the general 
 election in 1906, whose term of office, except those 
 chosen at the first election under this provision, 
 shall be six years, and whose compensation shall 
 be fixed by the legislature. Of the three com¬ 
 missioners first elected, the one receiving the 
 highest number of votes, shall hold his office for 
 six years, the next highest four years, and the 
 lowest two years. The powers and duties of such 
 commission shall include the regulation of rates, 
 service and general control of common carriers as 
 the legislature may provide by law. But in the 
 absence of specific legislation, the commission 
 
GOVERNMENT OF NEBRASKA 
 
 87 
 
 shall exercise the powers and perform the duties 
 enumerated in this provision. 
 
 Who are the members of this commission at this time? 
 
 AMENDMENT TO SEC. 9, ARTICLE 8. 
 
 Adopted November 3, 1908. 
 
 Educational Funds, Investment —All funds be¬ 
 longing 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 re¬ 
 main forever inviolate and undiminished; and 
 shall not be invested or loaned except on United 
 States or state securities, or registered county 
 bonds of this state, or registered school district 
 bonds of this state, and such other securities as 
 the legislature may from time to time direct. 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. 
 
 State the exact difference between the section as amended 
 and as it was originally. 
 
 Why was it considered advisable to extend the list of se¬ 
 curities mentioned? 
 
 V 7 hy should county and school district bonds be register¬ 
 ed? Are such bonds usually considered good? 
 
 If your county or your school district has any out-stand¬ 
 ing bonds now, at what premium, if any, were they sold? 
 
88 
 
 GOVERNMENT OP NEBRASKA 
 
 AMENDMENTS RELATING TO THE SU¬ 
 PREME COURT. 
 
 Amending Sections 2, 4, 5, 6 and 13 of Article 6 
 Adopted November 3, 1908. 
 
 „ ® ec ’-Supreme Court; Judges; Jurisdiction— 
 
 tiie Supreme Court shall consist of seven (7) 
 ju ges, and a majority of all elected and quali- 
 ned judges shall be necessary to constitute a quo- 
 rum or pronounce a decision. The Supreme 
 Court shall have jurisdiction in all cases relat¬ 
 ing to the revenue, civil cases in which the state 
 is a party, mandamus, quo warranto, habeas cor¬ 
 pus, and such appellate jurisdiction as may be 
 provided by law. 
 
 Sec. 4. Supreme court, judges, election, term, 
 residence The judges of the Supreme Court 
 shall be elected by the electors of the state at 
 arge; and their term of office except as 
 hereinafter provided shall be six years. And said 
 Supreme Court judges shall during their term of 
 
 office, reside at the place where the court is 
 liolden. 
 
 Sec. 5. Supreme court, judges, election, term; 
 chief justice. —That at the general election to be 
 held in the state of Nebraska in the year 1909 
 and each six years thereafter, there shall be 
 elected three (3) judges of the Supreme Court, 
 who shall hold their office for the period of six 
 years; that at the general election to be held in 
 the state of Nebraska in the year 1911. and each 
 six years thereafter, there shall be elected three 
 ( 3j judges of the Supreme Court, who shall hold 
 
GOVERNMENT OF NEBRASKA 
 
 89 
 
 their office for the period of six years; and at the 
 general election to be held in the state of Ne¬ 
 braska in the year 1913 and each six years there¬ 
 after, there shall be elected a Chief Justice of 
 the Supreme Court, who shall hold his office for 
 the period of six years. Provided that the mem¬ 
 ber of the Supreme Court whose term of office 
 expires in January 1914, shall be Chief Justice 
 of the Supreme Court during that time until the 
 expiration of his term of office. And provided 
 further, that upon the adoption of these amend¬ 
 ments by the electors of the state, the Governor 
 shall, immediately upon issuing his proclamation 
 declaring said amendments adopted, appoint 
 four (4) judges of the Supreme Court, two (2) 
 of whom shall be appointed to hold said office 
 until their successors shall be elected at the gen¬ 
 eral election in 1909, and have qualified; and the 
 other two (2) shall hold their office until their 
 successors shall be elected at the general election 
 held in 1911, and have qualified. 
 
 Sec. 6. Chief Justice —The Chief Justice shall 
 serve as such during all the term for which he 
 was elected. He shall preside at all terms of 
 the Supreme Court, and in his absence the judges 
 present shall select one of their number to pre¬ 
 side temporarily. 
 
 Sec. 13. Judges, salaries. —That judges of the 
 Supreme Court shall each receive a salary of $4,- 
 500, and the judges of the District Court shall 
 each receive a salary of $3,000 per annum, pay¬ 
 able quarterly. 
 
90 
 
 GOVERNMENT OF NEBRASKA 
 
 2. How many more judges are provided for by the amend¬ 
 ment than were provided for originally? What made this 
 increase necessary? 
 
 13. This yearly increase provides for how much yearly in¬ 
 crease in salary for each judge of the Supreme Court? For 
 each District Judge? Give a reason for the increase in these 
 salaries. 
 
 i 
 


 
 WM 
 
 
 
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