' 

Yale University Library

39002024133804

yy
mKtISliillillliilll

»a

. :>i - '' iii . -

YALE UNIVERSITY
LIBRARY

1941

THE

HISTOEY AND GOVERNMENT

NEBRASKA.

By JAY AMOS BAKBETT, M.A.,
ilfstructor (n greek and cltics, lincoln hloh school, 1ss9-1s92;
and Author of "The Evolution of the
Ordinance of 17*7."

ltncoln, neb.:
J. H. Miller, Publisher.
1892.

COPYRIGHTED 1892.
BY
J. H. MILLER.
(ALL EIGHTS BE8BLVED.)

P

63
50

Lincoln, Neb r
Pace, Williams & North,
Printers,

Jttg f)armt0,
2b SUrognitton of tljufr Jkootton to JfamUti, ^totjdti) to
Conntnj, nnb ©Ijoronglj Sntegrlftj
in 21U ®ljitig»,
®hts iBonk
te
^ffecttoitalelij D£btcateb.

CONTENTS.

PART I.— HISTORY.
CHAPTER. PAOE8.
1. Physical Features  1-21
II. Indians...;  22-26
III. Explorers, Missionaries and Traders  27-32
IV. Advance Movements  33-35
V. The Acquisition of the Territory  36-38
VI. The Kansas-Nebraska Act in Congress  39-43
VII. The Bill Itself  44-46
VIII. The Territory of Nebraska  47-60
IX. The Sbate  61-69
X. Development of the Resources of Nebraska... 70-73
PART II.— CIVIL GOVERNMENT.
I. United States Land Survey  77-81
II. The School District  82-85
III. Cities and Villages  86-89
IV. The County  90-95
V. The State  96-124
SECTION. I. Constitutional Studies  98-107
II. Taxation  107-112
III. Elections  112-119
IV: Education  119-122
V. Public Institutions  122-124
VI. Federal Relations  125-131
APPENDIX. Constitution of Nebraska  133-161
INDEX  163
MAPS.
MAP. I. Lines of Elevation  4
II. River Systems  6
III. Geological Map  13
IV. Territory of Nebraska  48
V. Territory of Nebraska  50
VI. Judicial Districts  106
VII. Congressional Districts  130

PREFACE.
The annals of Nebraska are so little known and
the place of a citizen is so faintly comprehended,
that no apology is necessary for offering this
volume to the teachers and scholars of the State.
A man cannot know his duty to his neighbor or to
his government unless he understands how he is
related to the other members of society. This
work is offered in the hope that it may be easier
for teachers to create an interest in this line of
study, and also that the work may be useful in
private study.
I desire to thank the several friends that have
helped me in preparing this book, especially Mr.
Frank E. Bishop and Mr. George W. AVoodbury.
To Prof. George B. Howard I am indebted for
my interest in historical work, and I wish to pub
licly express my appreciation of his fidelity as a
teacher.
JAY A. BAEKETT,
Lincoln, August 22, 1892.

INTRODUCTION.
The American people are but just beginning to
realize the importance of the study of history ; es
pecially of their own history, and more espe
cially of local history. Indeed, the latter has long
been in the condition of the prophet who is
always without honor in his own country. Men
have travelled many weary miles, and have ex
pended large sums of money and hours of valua
ble time, to learn that which has lain at the door
of some really intelligent citizen without his ever
recognizing that it was or could be of value or
interest to himself or to others. The history of
some other state, or county, or town — of some
other people — that is grand and stirring, and
its perusal is fraught with inspiration, with warn
ing, with instruction,' with reproof. But we have
lived such monotonous lives, we have always been
such common people, there has been so little that
has been at all striking or out of the usual run
of things; of what earthly value or interest are
our simple chronicles? Great men and great
events are like the ague — always in the next
county. But the time has come when we begin to rec
ognize that this country of ours has been made
what it is, not by so-called leaders, or by speech-
makers, or by any imposing figures on the can-

Introduction.
vass, but by very common people indeed. We
have advanced, not by startling leaps and rapid
bounds, but by painful and continuous effort, and
by this effort on the part of all the people. And
we have come to understand that this progress of
the people and of the whole people is of more
value and of more interest than the pedigree of
kings ; no matter what kind of kings they may be.
The mad career of robber Eome, the rush of
mailed knights, the battles of kingdoms for exist
ence — in order that they might the more success
fully prey upon each other ; this is or at least has
been very taking, and has been on the tongues'
end of all our children. But now we ask more
about the white-wained prairie schooners, the
little settlements that gradually encroach upon
the desert or the wilderness ; the men and women
who made homes in the sod houses and the dug
outs, and the simple folk that while laboring for
their daily bread created magnificent mediterran
ean republics in this but recently an unknown
land. He who calls attention to the beginnings of
things in this spirit of thankfulness for the work
that was thus done and thus well done, who is
willing to embalm the more simple story of early
struggles for a free state, who calls attention to
our own ancestry and our own past, he is worthy
of both recognition and gratitude. Mr. Barrett
has done this and more in the little volume for
which he has very courteously asked me to write

Introduction.
the introduction. Faithfully and patiently he has
threaded together the events of early Nebraska
life, and has put the result within the reach of
every child in the State. The little volume is
intended primarily for use in the schools, and
that is exactly where it ought to be placed. In
the hands of a good teacher, and there should be
no others, it will go very far towards giving a
correct perspective of our history, towards plac
ing things in their true light and true relations.
That the narrative is correctly given is vouched
for by the training of the author, received at that
University which this State has wisely placed at
the head of its system of free schools, and by the
excellent work which he has done in other lines
and which has received due and prompt recogni
tion by those amply able to speak with authority
in such matters.
In adding the chapters on Local Government,
the author has greatly increased the value of the
volume. Many a man knows all about how the
national government is and should be regulated,
but cannot name the more simple duties and re
sponsibilities of a probate judge. Many a man
can discuss the tariff very learnedly, but has very
little idea about local taxation. But the fact is
that the home government demands our first at
tention and our greatest care. That touches us
more closely than any other form of public life
or organization. Only as the local work is well
done and intelligently done, can we hope that the

Introduction.
government of the nation will be what it ought
to be.
The references to some of the more elementary
authorities in the volume lead naturally to the
remark, which cannot be out of place here, that
there ought to be in every common school in the
State a good library, which shall be at the same
time a circulating library for the families of the
district. A small sum intelligently expended each
year would soon work wonders. It is not difficult
to see how even this slight addition to the amount
now raised, would in some districts, because of
our wretchedly unequal method of taxation, seem
unbearable. But the good sense of the people of
this State will not long endure such a system as
is now in vogue. When a county tax is substi
tuted for the present inefficient and unnecessarily
burdensome system, the school library will i>e
within easy reach.
No lover of Nebraska, and no one desiring to
see better citizenship in this State, can fail to
welcome as earnest and painstaking and success
ful an effort as is this little volume.
JAMES H. CANFIELD.
Lincoln, August 15, 1892.

PAET I.
History of Nebraska.

HISTORY OF NEBRASKA.

I.— PHYSICAL FEATUEES.
The location of a city or state has much to dp
with the amount of its rainfall, the strength of its
winds and the severity of its weather. It is not
enough, therefore, to say that the piece of country
called Nebraska lies slightly north of the center
of the United States. More than that, it lies on
the western side of the great valley drained by the
Missouri and Mississippi rivers, bordering on the
sittja- former. It stretches from that muddy
tion. riv6r on the east to the foothills of the
Eocky Mountains on the west. The presence
of this high range between Nebraska and the
Pacific Ocean keeps out winds and moisture
from that direction. Its situation, also, with re
gard to the large body of water south of it must
not be overlooked. The Gulf does not seem to be
near enough to affect Nebraska much, yet it has
a very important influence upon the climate. Only
level country intervenes between this state and the
water to the south.
In size Nebraska is much larger than the
average state. If all divisions of the United
States were made the same in size, each would be
about 63,000 square miles in extent. Nebraska

2 History of Nebraska.
has 76,885 square miles. Such large figures,
however, do not give much idea of its vastness.
South Dakota has almost exactly the same area, but
Kansas, Utah and Minnesota are somewhat larger,
each having over 80.000 square miles. How
many of the eastern states could be comfortably
located in one of these ordinary western common
wealths like Nebraska or Kansas? From their
areas, it appears that all the New England states,
with Delaware and New Jersey besides,
SIZE have about 72,000 square miles. How
do these divisions of the western prairies, of
which there are so many that they seem very
ordinary to Americans, compare with European
countries? The larger areas of that continent
are, of course, very much greater in extent.
Austria, the German Empire, or France, is about
three times the size of Nebraska. Spain, Turkey,
Sweden, Norway and Italy are each more exten
sive. But with the smaller areas, most of the
republics contained in the Union compare very
favorably. Greece with all its islands, Denmark,
Switzerland, Belgium, Holland and Wales are to
gether about equal to Nebraska in size.
The northern and southern boundaries of the
State are formed, for the most part, by the paral
lels of 40° and 43°. The Missouri, flowing south
east, is the eastern boundary between these lines.
The place where this river crosses the northern
parallel is about twenty-one and one-half degrees
west of Washington, and at the southeastern cor-

Physical Features. 3
ner of the State the river is eighteen and one-half
degrees. Therefore the Missouri, as a boundary
of the State, flows eastward about 170 miles and
bound- southward over 200. The parallel of 40°
aeies. js the southern boundary only as far west
as the 25th meridian from Washington. The line
then follows this meridian to the parallel of 41°
which forms the remainder of the southern bound
ary, thus leaving a large rectangular area out of
the southwestern corner. The western limit is
the 27th meridian. The longest distance across
the State from east to west is about 420 miles.
From north to south, about 208. The longest
distance within the limits, from southeast' to
northwest, is over 500 miles.
Nebraska is distant nearly 850 miles in a direct
line from the mouth of the Mississippi river. The
descent from the upper valleys averages only one
foot to the mile, making the southeastern corner of
the State somewhat less than 875 feet above the
Gulf. Starting from this lowest land, the rise is
both north and west. At Omaha, which is about
™T^,r. °ne hundred miles north in a direct line,
and1 ^he surface is a hundred feet higher, and
slope. aj. c0vington, another hundred miles fur
ther north, the river varies between 1,076 and 1,100
feet. The land all along the eastern border lies
high above the level of the river, in bluffs and
steep ascents. Along the southern boundary the
rise is more rapid. From the general level of the
southeastern county, beginning at 900 feet, the

History of Nebraska.

country attains an elevation of 3,258 feet a)
Haigler, in the southwestern corner. This dis
tance is about 360 miles, and the rise is therefore
about six and one-half feet to the mile. This
rise is quite gradual the whole distance, but a
little more rapid in the western part. Similarly
the Platte valley descends from 4,096 feet at Sid
ney to 950 feet at its mouth. From Ponca, in the

MAP I. LINES OF ELEVATION.
(After Henry Gannett, 1880. Ho. Misc. Doc, 47th Cong., 2nd Sess .Vol
13. Map 19. Washington, 1883.)
northeastern corner, which is 1,141 feet, the State
rises to 3,628 feet at Mansfield, in the extreme
northwest. Across the State, from north to south,
there does not seem to be great difference between
the elevations of the river valleys and of the land
which separates them. Four valleys show the
following altitudes a little west of center of the
State :
The Eepublican, at Culbertson, 2,565 feet.
The Platte, at North Platte, 2,804 feet.

Physical Features. 5
The Middle Loup, at Thedford, 2,842 feet.
The Niobrara, at Valentine, 2,579 feet.
It would seem from these that the center of the
State is higher than the northern and southern
borders, and that the Niobrara and the Eepublican
rivers are of about the same height above the Gulf.
The highest points in the State are in the extreme
west. The map shows that the land all along the
western boundary is above 4,000 feet. Scott's
Bluff is thought to be the highest point in the
State and is given at nearly 6,000 feet, while Pine
Eidge lacks only 500 feet of this.
Nebraska is very well situated in respect to
drainage, and is well supplied with rivers and
creeks. The smooth and gently sloping surface
has a tendency to distribute the running water
evenly over the surface of the country. There are
three separate valleys of considerable size. In the
center of the State and running the whole length
from west to east is the Platte Eiver. Its valley
occupies very nearly half the State. Most of its
tributaries are on the north side, because the
water-shed which separates it from the Eepubli
can Valley on the south is close to it. It drains
the country much more than half way to the Nio
brara on the north. The names Platte and Ne
braska are the same in meaning, the first being
drain- French and the latter Indian. They sig-
agb. njfy shallow water. Extending almost the
whole length of the northern border is the valley
of the Niobrara, which is said to be a Ponca

6 History of Nebraska.
word meaning the same as the word Nebraska.
This river drains about a sixth of the State. The
Eepublican Eiver, which courses half the length
of the southern boundary and then turns south
into Kansas, receives the water from a larger part
of the State than the Niobrara by about 2,000
square miles. In the northeast and southeast,

MAP II. RIVER SYSTEMS.
A. Valley of the Platte.
1!. Valley of the Repub iean.
C Valley of the Niobrara.
D. Lands draining directly into the Missouri.
K. Lands without surface drainage.
F. Lauds drained by the Cheyenne and White rivers.
small areas drain directly into the Missouri. In
the northwestern part is a triangular piece of
country that does not appear to have any connec
tion with the large rivers that drain the State, at
least on the surface. There are some small creeks
which run a few miles and then are entirely taken

Physical Features. 7
into the soil again. This tract occupies upward
of 7,000 square miles.
The mean annual temperature of the State
varies from 46° to 51°. As in the case of the
rainfall, it is highest in the southeast.
CLIMATE. During the spring and summer there are
many consecutive days with the tempera
ture above 50°, and this fact is of great impor
tance to the farmers. The highest temperatures
that occur anywhere in North America are found
within a tract of country extending the full length
of the Missouri and Mississippi rivers,
TEM-feba- and lying for the most part west of them.
tube. rpne centrai an(j southeastern parts of Ne
braska lie in this region. It is expected that at
times the mercury will reach a high figure. The
greatest recorded temperature of the State is 112°
above zero, and the lowest 35° below. There is
therefore a range of 147°.
Temperature and rainfall in Nebraska seem to
be arranged-so that the farmer may get the largest
amount of good at the growing season. The
annual fall of rain is twenty-four inches, a very
ordinary amount compared with other places fur
ther east. If this were evenly distributed through
out the year, there would be for each month only
two inches of rain. This would not be enough to
allow the crops usually planted in the State to
mature properly. Fortunately it is not so distrib
uted, for much of it comes just when the growing
and maturing crops need it. About two-thirds of

8 History of Nebraska.
all the rain falls during the five months from April
to August inclusive. In the winter months, when
there is less need for rain, very little falls. For
each of the months of November, December, Jan-
bain- uai7 an(i February, the average is less
rALL. than an inch. In comparison with the
states directly east of it, Nebraska has not so large
an annual fall of rain, but the country is as fav
orably situated for agriculture, because that which
does fall comes when it does the most good.
In its distribution over the State, the southeast is
more fortunate than the west. The rainfall in the
former is even greater than in the extreme eastern
states, from Maine to Virginia. The amount
gradually decreases toward the western and north
western regions of the State, where the average
for the year is smaller than in the eastern half of
the United States. It is often insufficient to pro
duce good crops. The weather reports fail to show
that there is any increase in the rainfall, yet there
is a general impression that the amount is greater
than it was many years ago.
West of the Mississippi, from the Gulf to Brit
ish America, is an uninterrupted plain, sloping
gradually from north to south. A former Chief
Signal Officer of the United States, Gen. A. W.
Greeley, says that there is here, perhaps, the
most remarkable wind system in the world.1 The
winds blow continuously and often violently over
these plains, because they are so extensive and
i American Weather. 172.

Physical Features. 9
almost no obstructions exist. In general, the
winds are strongest near the sea, and their force
grows less and less towards the interior of a
country. But here is found a notable exception.
Here the winds are as strong as near the
WINDS. .
coast and are often more violent. In
a country heated as readily by the sun as these
plains are, there will be occasional breezes from
every quarter. But the surroundings of the
region give the prevailing direction to the winds.
One expects to find them blowing mostly from the
north or from the south, because the great Eocky
Mountain Eange extends all along the west. The
weather reports show that this is true. During
the year 1890, more than half of the monthly
reports from weather stations in Nebraska gave
prevailing north and northwest winds. A smaller
number of reports showed winds from the very
opposite direction. There was scarcely any east
wind, and comparatively few times did west and
southwest winds prevail. The wind in Nebraska
most frequently blows in the same direction in
which the Eocky Mountains and the Missouri river
extend. In the year mentioned, north and north
west winds prevailed during the eight months
from October to May inclusive. For the four
other months of the year, the winds were from
the south and southeast.
Among the things which visitors remember
longest after passing a winter or a summer in the
State of Nebraska, are the storms. Especially is

10 History of Nebraska.
this true of the winter storm called a blizzard,
which occurs here quite as frequently as
STORMS .
in Dakota or Minnesota. The disturb
ances of the atmosphere called by the Weather
Bureau "low area storms" and "high area storms,''''
usually start on the eastern slopes of the Eocky
Mountains, either at the northwest near the head
waters of the Missouri, or at the southwest in
New Mexico. If they start in the northwest,
they generally take one of two directions: either
they pass eastward over the Great Lakes,
Area or else they go southeast, following the
Storms. . . &
Missouri valley. In the latter case the
storm is felt in Nebraska, but commonly passes
too far to the north to affect the State seriously.
When currents of air over a large extent of territory
move towards the center, going round in the direc
tion opposite to a clock's motion as they come
together, and rising there, the whole is called a
cyclonic or low area storm. The center of the
disturbance also moves along like the little eddies
or whirls of water in the rivers. In the case of a
storm such as this, the air is disturbed for hun
dreds of miles on every side. In any one place
the wind blows toward the center of the storm,
unless that is near. The general rule is "Turn
your back to the wind, and the center of the storm
is to your left." It is usually in the southeastern
Toma- Pal't °f these low area storms that torna
does. (ioes occur. These are so-called by the
Weather Bureau, but they are known in the news-

Physical Features. 11
papers as cyclones. Nebraska is so situated with
regard to the passage of low area storms, either
from the northwest or from the southwest, as to
escape many that occur to the northeast, east, or
southeast. As storms pass up from the south-
1 west, many tornadoes begin in the eastern part of
Kansas, and go over into Missouri. The loss of
life from tornadoes in the latter state is greater
than anywhere else in the United States.
Winter storms are generally of the other kind-
In these the air moves in the opposite direction in
all respects. It goes away from the center, at
which the air is descending, and circles round in
the same direction as the hands of a clock. An
other name for them is ant i -cyclones. During this
kind of a storm, the cold air pours down from the
north across the smooth plains, often swiftly
and violently. With enough snow to fill the air,
it becomes the blizzard. It begins in
(h)Hig-h °
Area the north, above Montana and Dakota,
Storms. ' '
and either passes directly to the south
across Nebraska _ and Kansas, or crosses the
country eastward and enters the St. Lawrence
valley. Sometimes it takes a half-way course be
tween these two. The danger from blizzards in the
north lies in the combination of high wind, in
tense cold, and drifting snow. High area storms
also cause great damage to crops further south,
by carrying snow and cold even into Florida. To
this class belong the great storms of February
9-14, 1881, and January 12, 1888.

12 History of Nebraska.
There is such an immediate connection, between
the agriculture of a state and its geology, that it ia
proper to take a glance here at the rocks of Ne-
ROCKS hraska. In its youth the Earth was
AND mostly covered with water. It has been
SOILS found out that the part of North America
which first showed itself, was a V-shaped piece of
land extending northward from the Great Lakes.
Nebraska was still sea-bottom. The ceaseless
action of the water upon the original rocks con
stantly formed sediment, and during untold ages
layers were gathering over the surface of the State.
For an inconceivably long time this process went
on, the land-surface slowly increasing and the
water growing more shallow. The sediment de-
the posited by the water became hard, and is
est311" now called limestone, sandstone and shales.
rocks. inhere nnaUy came a period when the
whole swampy region from Pennsylvania to Ne
braska was covered by the rankest growth of
vegetation. After great masses of plant life had
accumulated, the level of the surface sank, letting
in the salt water again and causing a 1 tyer of
sediment over the vegetation. In this manner the
great coal beds of the country were formed. The
growth of plant life was not so heavy in the
West as in Pennsylvania and the East, for the
beds of coal that are found in Nebraska are com
paratively thin. This process of forming coal beds
went on until there were in some parts of North
America as many as seventy-six seams of coal with

Physical Features.

13

the intervening deposits of rock. All
COAL & r
meas- these layers together are called the coal
measures. It is only in the southeastern
part of Nebraska that these rocks appear. The
layers of coal are too thin and the quality too
poor for it to be mined, except for local use. Of
the limestone, shale and sandstone which make
up the sediment deposited at this time, the first is
the most important, both for making soil and for
building purposes. These oldest rocks on the

(After a map of Prof. Lewis E. Hicks in Agricultural Report of Ne
braska, 1889, p367.)
MAP III. GF.OLOGICAL MAP: LAYERS OF K0CK.

A. Coal Measures.
B. Permian.
C. Dakota Group.

D, F. Colorado Group.
IS. Area of the Lake'
Deposits.

surface of the State cover a little more than six
counties in the southeastern corner.
The name Carboniferous is applied to the age
of coal. Th'e following period the geologists call
the Permian. Almost all the rocks of this time
that appear in Nebraska are in Gage county.
They resemble rocks previously made, but are

11 History of Nebraska.
without coal. During the two following pe
riods Nebraska was out of water, and the re
sults are apparent only in the valleys, which were
made at that time by the water just about where
they are to-day. Then the sea came again at the
slow sinking of the land, and the valleys became
gulfs or bays, into which were brought
two many kinds of stones, sands, and clays.
GROUPSor the Such are the shaly and hard sandstones,

CRETACEOUSPERIOD.

1 quartzite, lignite, etc., called altogether

the Dakota Group. The surface of the
State where this is exposed, is in the northeast,
next to the Missouri, extending to the south
and southwest through Saunders, Lancaster, Sa
line and Jefferson counties. Next west of these
rocks comes the Colorado Group, in the eastern
and northeastern part of the State, with a small
area in Cheyenne and Keith counties. The readi
ness with which these rocks are broken gives them
the name of rotten limestone, and the presence of
chalk in them in some localities causes them to be
called chalk rock. They consist of limestones,
shales and clays. All rocks of the cretaceous
period were deposited by the sea, and fossils of
the marine life occur throughout them. The
w*a/tSer remaining surface of the State was cov-
iake. ere(j (juring the next period by a fresh
water lake. This left upon its bottom all the
kinds of rock that were formed earlier. The
layers of each period overlap the earlier layers,
with the newest at the West and the earliest at the
southeast.

Physical Features. 15
From rocks comes directly and indirectly the
soil that covers them. Air, water, heat and cold,
and many other forces besides, act upon the
hardest substance, cracking and crumbling it, and
finally reducing it to dust. All the rocks laid upon
the face of Nebraska ages ago now themselves are
covered by this dust, mixed with decayed vegeta
ble and animal life that lived upon it. The de
posits on the surface of Nebraska make as fertile
soils for the farmer as are known in the world.
The special soil of each locality, however,
needs to be studied by the one who tills it.
The accumulations from the wearing of the rocks
receive special names, according to the time or
manner in which they came. Thus there is the
glacial drift, that was scattered over the State by
the action of the great ice fields that once lay north
of Nebraska. There are also loess, adobe, alluviu m,
muck, peat and marl, each of great value to plant
life. The inhabitants of Nebraska laugh at the old
geographies, in which was told a story of the
"Great American Desert" west of the Missouri
PI ANT Piver- After James Monroe took his first
LIFE. journey over the Allegheny Mountains
into the Ohio valley in 1785, he wrote to Thomas
Jefferson as follows: " A great part of the territory
is miserably poor, especially that near Lakes
Michigan and Erie ; and that upon the Mississippi
and Illinois consists of extensive plains which
have not had, from appearances, and will not have

16 History of Nebraska.
a single bush on them for ages."1 The millions
of bushels of grain raised in that region every
year show that Mr. Monroe was very much mis
taken, and so were the geographers later, when
the they made a guess about the lands be-
opEa tween the Missouri and the Eockies. A
party of explorers and scientists, after
spending the winter of 1819-20 a few miles north of
where Omaha now is, followed the Platte Eiver to
the south fork, and turning south made their way
back along the Arkansas Eiver. They thought
that they had "completely established one im
portant fact: that the whole division of North
America drained by the Missouri, the Arkansas
and their tributaries, between the meridian of the
mouth of the Platte and the Eocky Mountains, is
almost entirely unfit for cultivation and therefore
uninhabitable by a people depending upon agri
culture for their subsistence."2
All the plant life that grows wild in a particu
lar state or country is called its flora. Students
have been diligently at work collecting the dif
ferent kinds of plant life that grow in Nebraska
and up to 1892 they have found about 2,500 spe-
ies. When each hill and valley has been
FLORA, searched, no doubt the number will be
very much larger. Each locality usually has a
variety of plants that have become suited to its
soil, elevation, and climate, or have been brought
¦ Bancroft, History ot Formation of Const., i., 480-1.
2Got. Black, quoting the published narrative of Long's Expedition,
1819, written by Dr. James. Council Journal, 8th Session, p. 9.

Physical Features. 17
there by accident. A large state usually has sev
eral regions with somewhat different flora. Ne
braska has three: the part along the Missouri,
the *^e most western portion and the interven-
three jng district. In the eastern part is found
' the kind of plant life that resembles the
flora of the Mississippi Valley at the same latitude.
In the western part appear species that belong
to the Eocky Mountains. The central part of
Nebraska is a section of the Great Plains stretch
ing far to the north and to the south, which have
their own peculiar set of plants.
Salt and alkali are found at places in the State.
This allows the growth of plants not usually found
except along the coast of the sea. Such a region
is the Salt Basin near Lincoln, the flora of which
is very interesting on this account. Another
spe- special feature of botanical study in Ne-
fea^ braska is the abundance of native grasses,
tures. Q£ ^jgjj 154. Speoies have been already
discovered. The composites, or plants like the
sun flower and golden rod, are plentiful, and this
state is fairly the home of plants having pods
like the pods of peas and beans (Leguminosse).
There is a question among botanists whether
this treeless plain was always so. There are ev
idences which seem to tell a story of great
there forests anciently. If it is true that trees
FOR- j
long once covered the surface of the state from
AQO ? the mountains to the Missouri, the annual
burning off of the grass by the Indians explains
2

18 History of Nebraska.
why the trees were almost all gone when the
settlers entered Nebraska. Now there are no
more great prairie fires, and Arbor Day has be
come a legal holiday in the State. Botanists think,
however, that the trees were gradually spreading
up the valleys from the east before the farmer
came. The large mammals that have inhabited Ne
braska are fast becoming extinct. As late as 1872
a grand duke of Eussia came to Nebraska for a
buffalo hunt, and a party of government
ANIMAL officials and Indians, led by Buffalo Bill,
had a grand chase. In Zoology there is
a difference between a bison and a buffalo. The
animals hunted in Nebraska were bison, but they
are almost always spoken of as buffalo. They
roamed over the plains in great droves, and were
Bur the chief game of the Indians. They have
orL° now disappeared from our limits. Elk,
deer, and antelope, were numerous when
settlement was begun, but they are now rare.
Even many years ago bears seem to have been
few. Now they are scarcely heard of. The smaller
animals, such as wild cats, wolves, coyotes, and
foxes, become fewer with the growth of popula
tion, like the buffalo and deer. They are hunted
less and escape more easily, so that they remain
when the buffalo is gone. A complete study of
the small animals like moles, mice, and squirrels,
has not been made, so that the whole number of
mammals cannot be stated with accuracy.

Physical Features. 19
Of the reptiles in the State probably the ser
pents have been most carefully studied. Twenty-
ser- three species are known, among which
peists. are three kinds of rattlesnakes. None of
the others are poisonous.
About four hundred species of birds are found
in the State. These include those birds which
stay here all the time, and those stopping
in Nebraska during their yearly migra
tions. The study of the insects of the State is
very interesting because their number is very
large. This arises from the favorable position of
Nebraska. It holds a midway place in the country,
both between the north and the south and be
tween the east and the west. Kinds of insects
that appear only in one of these regions are usu
ally found here. Insects are like plants in re
spect to altitude. Some prefer high places and
IH._ some the plains, and on account of the
sects. range 0£ elevation a large number of in
sects find a home in the State. Probably more
species of the grasshopper kind are found here
than anywhere else in the country. The annals
of Nebraska tell of the dreadful "grasshopper
year," but the insect that visits the State in
swarms is a locust. The year 1874 is popularly
known as the grasshopper year, because such
large numbers came at that time. In reality,
however, some section of the State is visited al
most every year by these travelers. A dry coun
try without trees favors them. They stay most

20 History of Nebraska.
of the time in the high plains at the head waters
of the great rivers which rise in the Eocky Moun-
IiQm tains, from parallel 40° far to the north
custs. into British America. From this part of
the country, which is called their Permanent
Home, they come out upon the surrounding
country in swarms. Their number depends upon
the kind of season. As far back as there is rec
ord of this country, locusts have visited it, and
they will continue to visit Nebraska as long as
they multiply rapidly in their dry, treeless homes.
When trees have been planted through the West,
it is supposed that tbe locusts will not increase so
rapidly, while the insects and birds that are
harmful to them will be present in greater num
bers than before.
AUTHORITIES AND BOOKS OF REFERENCE.
Elevation and Slope — Sources of information are mainly
(1) Elevations given by Railroads;
(2) Bulletin of U. S. Geol. Harvey, No. 76., A Table of
Elevations.
Drainage — Band, McNally & Co., Pocket Map of Nebraska
1892.
Climate— Monthly and Annual Reports of the Nebraska Weather
Service.
Daily Bulletins of U. S. Signal Service.
Tbe Climate of Nebraska (Washington, 1891), Sen. Ex.
Docs., IstSess., 50th Cong., 1889-90.
Gen. A. W. Greeley, American Weather.
Rocks and Soil—
Annual Reports of Neb. State Board of Agriculture^
1889: Article by Prof. L. E. Hicks.
Annual Reports of Neb. State Board of Horticulture,
1887-88, pp. 123-129.
Prof. Samuel Aughey, Physical Geog. and Geol. of Aiv
braska.

Physical Features. 21
Plant Life—
Annual Reports of the Neb. State Board of Agriculture,
especially 1889, 1892.
Annual Reports of Neb. State Board of Horticulture,
especially 1892.
Contributions from the Botanical Department of the
University of Nebraska, New Series, III.
Animal Life—
Prof. Aughey, Physical Geography of Nebraska.
State Agricultural Reports.
V. S. Entomological Reports, Articles by Prof. Bruner.
suggestive topics and questions.
1. Map out the drainage system of your own county.
2. Where in the State has irrigation been tried, and with
what success? State Horticultural Reports, 1891, p. 148:
1892, p. 78.
3. Can rainfall be artificially produced? What experi
ments in Nebraska and what results?
4. For the study of climate, every school should have the
TJ. S. weather bulletins. Undoubtedly they will be sent to
high schools asking for them. With the help of Gen. Gree
ley's book called American Weather, the maps afford large
room for study of the winds, temperature, and storms of the
State and of the neighboring region.
5. What is thesignificanceof the terms " low area storm "
and "high area storm?" See American Weather, Chap.
XIII. 6. Winds. — Watch carefully the movements of the clouds
during a day or a week, and note the following :
(a) The number of different currents blowing at the same
time. (£>) The direction of each, beginning at the lowest. (Fre
quently the wind is blowing in different directions at differ
ent heights.)
(c) The swiftest current.
(d) Time of day of the greatest wind on the surface of
earth. 7. In the study of storms observe (1) the direction from
which they come, and (2) changes in the direction of the
wind during the storm. How can the direction of the center
of the storm be ascertained from the winds? See American
Weather, p. 195.
8. School Collections for Scientific Study.— Students
should make collections for their schools in the several
lines to which their attention is called, as flora of the county
or township, insects, birds, etc. After a boginning is made
and a place has been provided to receive specimens, addi
tions are easily made. Very few school boards will refuse to
fix a place for specimens. Collections are as necessary to
the study of botany, geology, etc., as the library is to the
study of history.

22 History of Nebraska.

II.— THE INDIANS.
When white men first crossed the Missouri,
Nebraska was not thickly populated with Indians.
The prairies formed an excellent hunting ground,
and the few tribes in possession of the
mis- ' country went from place to place in pur-
SOUEIS
paw- 'suit of large game like deer and buffalo.
NEES oma- ' Captains Lewis and Clark found the Otoe,
has. r
Missouri, and Pawnee Indians located on
the Platte, the Omaha tribe to the northeast, and
the Ponca tribe near the mouth of the Niobrara.
These were estimated to be a thousand or fifteen
hundred warriors at that time. Treaties were
made with them immediately after France ceded
the country, as had been done with others farther
east. The two explorers just mentioned made
peace with the tribes of Indians all along their
way, in the expedition of 1804. Early treaties
were almost entirely of peace and friend-
TiEsorship. During the period up to 1830,
(alteace. , ,
(6) com- trade also was regulated by treaty. Fi-
merce. ° J J
(cices- nally the Indians began to give up their
lands. Cessions seem to begin about 183 J,
when a tract was reserved between the Great
Nemaha and Little Nemaha rivers, called the
"half-breed tract." From this time, by many
treaties, more and more of the country was given
up to the United States, until at last each tribe

The Indians. 23
was confined to quite narrow limits, called a re
serve or reservation. Not all the Indians now in
the State were originally here, nor are all
txons tribes still here that were found when
the United States took possession. Some,
like the Iowa and Winnebago tribes, were brought
from other states to live on land chosen for them
in Nebraska. The Pawnees, whose home was
here, sold their land in 1876 and were removed to
Indian Territory.1
The Lacotas, called by the whites Dakotas,
once possessed all the region west of the Missis
sippi, north of the Arkansas Eiver, and east of
the Eocky Mountains. This nation of Indians
is more commonly known as the Sioux. Four of
the ^ne seven tribes which compose it once oc-
sioux. CUpie,j Dakota and Minnesota, and are
known as the Santee Sioux. The greatest of the
Sioux Nation is the Teton Tribe, whose territory
was north of the Platte, from the Missouri to the
mountains. The Tetons are made up of seven
families, among them being the Blackfeet, the
Brules, and the Ogallalas.
The most abiding hatred existed between the
Pawnees and the Sioux, who spoke altogether dif
ferent languages. Great battles were fought

'The Report of the Commissioner of Indian Affairs, 1891, p. 114,
gives the following figures regarding the Indians now within the limits
of Nebraska: the number of acres of undivided land belonging to each
tribe, and not owned by individual Indians: Iowa tribe, 11953 ; Santee
Sioux, 1131; Omaha, 65191; Sane and Fox, 8013; Ogallala Sioux, 32000;
Winnebago, 14612. Altogether this amounts to 208 square miles.

24 History of Nebraska.
before settlers came to disturb them. One
memorable conflict occurred in the year
STRUG- J
over 1832, in what is now Jefferson County,
J^e11" near the mouth of the Big Sandy Eiver.
GBOUNDSixteen thousand warriors took part in the
struggle, which lasted for three days. It is said
that the Sioux lost three thousand men, and that
the Pawnees bought their victory with the lives of
two thousand.1 The last battle between these
same bands occurred in the autumn of 1873, a
few miles west of the present site of Culbertson,
in Hitchcock County. The Sioux surprised the
Pawnees while the latter were at one of their
annual buffalo hunts, overpowering and defeating
them.2 The history of the relation between the Indians
and settlers is one long account of petty troubles.
In early times, before the Civil War began in
1861, there seems to have been no general hostil
ity towards the settlers. Histories of counties
are full of the details of Indian scares and of the
stealing of cattle and horses, and some
tion loss of life, too, is recorded. On the
indian °ther hand it may be said that the Indians
set- were ill treated, not by the peaceable set-
(a) Beforetler, but by the rougher class of men who
1860 always stay on the frontier. The Indians
resented any personal injury and took vengeance
upon all white people alike. Considering the sav-
i Johnson, History of Nebraska, 991, where the tradition of the
battle is given on the authority of an old French trader, Mont Crevie.
2 Johnson, History of Nebraska, 967-8.

The Indians. 25
age nature of the Indians, one might readily ex
pect more deeds of cruelty than there really were.
Settlers kept themselves ready to meet such bands
of Indians as tried to do any damage. Eeports
of cattle thieving were sufficient to bring to
gether hundreds of armed men. Punishment was
not delayed, and probably this explains, to some
extent, the usually good behavior of the savage
tribes. A marked change was apparent as soon as
the Civil War began. The Indians became more
hostile. While it lasted, not only did they attack
and murder small parties and raid settlements
(6) Dur- nere and there, but the spirit of enmity
civil116 caused many bands of savages all through
War" the Northwest to combine in attacking
settlements. One of the most notable raids was
made August 7, 1864, upon the pioneers of Ne
braska. At about the same hour of the day all
the homes except two along a route of two hun
dred miles were surrounded and burned. The in
mates who could not escape were killed, and their
provisions and goods were carried off. The out
breaks did not cease when peace came, although
the unusual hostility of the Indians during the
war was generally attributed to the influence of
white men who favored the South. A writer says
that in the neighborhood of Lincoln County the
attacks of Indians continued for five years. Since
Nebraska became a state comparatively little
trouble has arisen, because the limits of their res
ervations have become too narrow, and the In-

2G History of Nebraska.
dians themselves have improved. Even up to a
very recent date, however, Indian outbreaks have
annoyed the northwestern frontier. The so-called
Indian War of 1890-91, like almost all the previ-
"war ous conflicts with Indians, began by the
i89i?"°"iaihire of the United States to keep its
promises. The starving condition of the Indians
was only aggravated by the blunders of agents
who did not understand how to deal with them.
The fighting that occurred may be truly said to
have been due to the policy of the government.1
AUTHOHITIES OK II.
Neb. State Hist. Soc. Pub., especially I., 47-49, 73-85; II.,
133-166,246-48; III., 125-190, 279-286; IV., 30-50,
134-140, 160-191 , 281-283.
On Indian Treaties, XJ. S. Statutes at Large, VII. (Indian
Treaties); IX., 949; X., 1038, 1043; XI., 729; XIV.,
667, 675; XIX., 29, 192, 287, etc.
Johnson's History of Nebraska, 55-57, and at various pla
ces. This book contaiusaniminenseamount of valuable
» history. Some of the county histories in it are based on
the personal kuowledge of the writers. It must not be
depended on altogether, because it is frequently inaccu
rate.
Mrs. Helen Hunt Jackson, A Century of Dishonor, Chap.
V., The Sioux; Chap. VI., The Poncas; Chap. VII., The
Winnebagoes.
On classification, see No. Amer. Rev., 110: 45, 55, and
General Colby in State Hist. Soc. Pub., III., 144-5.
SUGGESTIVE TOPICS AND QUESTIONS.
1. Is the government justified in its method of making
treaties with the Indians?
2. Is the plan of reservations successful?

1 Further reading upon the history of special tribes and upon the
relation between the government and the Indians may be made in Mrs.
Jackson's "A Century of Dishonor. "

Explorers, Missionaries, and Traders. 27

III.— EXPLOEEES, MISSIONAEIES, AND
TEADEES.
The story of the coming of white men into the
valleys where our state now is, begins far back
before the times which are usually associated
with Plymouth Eock and Pocahontas. There is
even more romance about the expeditions of the
Spaniards from Mexico and the South into
ANTIQ. r
UJ.T-?.- the unexplored interior of the western
OP OTJR r
tory colintry than there is about the landing
of the pilgrim fathers, or about the plant
ing of a colony at Jamestown. The Spaniards
lived in romance. It adds no real dignity to the
history of the states that now occupy these
prairie lands, to know that it begins as far back
as 1541, when Coronado, a Spanish cavalier, came
up across the country from the southwest with a
goro- lal'ge body of men; still there is a poetry
NADO- about such a beginning that makes it at
tractive. After the conquest of Mexico by Cor-
tez, beginning about 1520, that country was ruled
by governors. As fast as the natives were con
quered, new districts were formed and governors
appointed to rule them. In the western part of
Mexico was a province called Nueva Galicia over
which Coronado was appointed provincial gov
ernor in 1538. About that time story was
told the Spaniards of seven cities of Cibola to

28 History of Nebraska.
the north, in which there were immense treas-
the ures of silver and gold. Coronado wa8
SEVENcities greatly charmed by the prospect of obtain-
cibola. jng vast riches by conquest of these cities,
and fitted out an expedition. The place was found
in the summer of 1541, far north of Mexico.
Most historians think that the present town of Zuni
stands upon the spot. Although Coronado was
disappointed in regard to the gold, he went fur
ther, to find the land of the Quivera, where also
there was untold wealth to be had. It is
THE land not certain iust what the route of the
or THE J
vera Spaniards was after they left the seven
cities. By the accounts it is certain that
Coronado went east and northeast. It is said that
he reached the fortieth degree of north latitude.
If he did, he and his companions actually set foot
on the soil of Nebraska. But he might
reach easily have been mistaken in supposing
bras- that he came as far north as the southern
boundary of Nebraska. It is sure, at any
rate, that he visited the plains on which the two
Btates of Kansas and Nebraska lie. Whether he
really came within the limits of this State is not
so important after all. The great fact is that
this marks the beginning of the history of white
men on these plains. This was the same year
that De Soto was wandering from Florida across
the southern slopes to the Mississippi. Henry
III. was then King of England; Francis I. held
the throne of France, Charles V. was plotting

Explorers, Missionaries, and Traders. 29
in the east, and Paul III. was Pope at Eome.
what Europe as a whole was in the midst of
WAS ihe The Eeformation, and Luther had shortly
BEST OF, ' J
£££.... before finished his work. The story of
WOBLD J
doing? the hills and valleys of Nebraska before
the time of Coronado must be told by the rocks and
revealed by the traditions of the Eed Man.
A Spanish expedition about 1601, of which
there is a record, took the same general direction
as Coronado' s. There is also an account of a third,
made by the Count of Penelosa in 1662, but strong
reasons are found for believing that this one was
merely one of the stories that the Count told over
other iQ Spain. In 1673 Father Marquette
ra- " floated down the Mississippi and learned
TIONS'span- ' from the natives about the Missouri and
ISH AND
French about the Platte. He recorded these riv
ers on a map just as they were told to him, and
this drawing is still preserved. Probably this is
the first map of the region. In 1719 Dustine
came across the country from the southeast and
met the tribes of Indians in the eastel-n part of
Kansas. This is significant of the coming of the
French into the plains west of the Missouri and
Mississippi. Twenty years after Dustine, two
brothers by the name of Mallet came into the
country north of the Platte, and explored the river
as far west as the Forks.
The history of fur trading in the northwest
deals first with the French. In the great center
of fur trade, Wisconsin, trading began as early

30 History of Nebraska.
as 1634. After England obtained possession
trade: °f Canada, the period of French trade
French., was followed by many years of Brit-
1763. ish traffic. This period may be said to
British, begin in 1763 and end in 1816, when
1763- &
1816. Congress passed a law prohibiting for
eigners from trading within the limits of the
United States. The Americans began to compete
with the English very early, but the formation of
the large companies of the United States
ican, begins in 1809, when John Jacob Astor
1816-34. °
had the American Fur Company char
tered. In 1810 two expeditions were started out,
one by way of the Missouri Eiver. This year
saw a post established at Bellevue. Long before
this, however, traders had kept their places of bar
ter on the banks of the Missouri and received the
deer and buffalo skins from the Indians. Amer
ican explorers found traders on Nebraska soil
soon after the opening of this century. The an
nual value of the fur business was very great.
During the forty years up to 1847, the annual
value to St. Louis is said to have been from two
to three hundred thousand dollars.
The expedition made for the government by
Lewis and Clark, starting out in 1804, marks the
time when the growing power of the great
can " American Eepublic began to reach out to
riND- these plains. Following this were the
undertakings of Major Long in 1819, W.
H. Ashley in 1822, Eev. Samuel Parker in 1835,

Explorers, Missionaries, and Traders. 31
and the well-known expedition of the government
under the command of Gen. Fremont in 1842.
By such means as these, information came to
the cities and towns of the east, and there began
to be an increasing tide of people westward.
Traders continued to come to get furs from the
Indians, the hunters came for buffalo robes, mis
sionaries came to bring the Gospel to the Indians,
and finally the adventurer came to make his for
tune. The missionaries separated, some
1VIIS- sion- going to one tribe and some to another.
ARIES One of the very earliest within our bor
ders was Moses Merrill, who lived and preached
among the Otoes from 1833 to 1840.1
Following him were many who went to the va
rious tribes to teach them. Great honor is due
the men and women who do this work of self-sac
rifice in the early history of any country.
AUTHORITIES AND BOOKS OF BEFEHENCE.
1. Coronado's Expedition.
H. H. Bancroft's Works, Vols. XVII. and XXVIL: Ari-
zonaand New Mexico, pp. 33-72, History of the North
west Coast, I., 44-46. In the former a long list of
books concerning the subject is given in note 17,
p. 37.
Gen. J. H. Simpson, in Smithsonian Reports, 309-340.
Judge Savage, in State Hist. Soc. Pub., I., 180-202.
Magazine of Amer. Hist., XXIII., 288.
Johnson, Hist, of Nebraska, 33-38.
2. Other early explorations.
State Hist. Soc. Pub., II., 114-131; III., 67-73.
Bancroft, Arizona and New Mexico, 169.
Hale, Kansas and Nebraska (Boston, 1854), 15, 16.
Winsor, Narr. and Crit. Hist, of Amer., V., 55, note 2.
Johnson, Hist, of Nebr., 43.

JThe diary of Mr. Merrill is found in the State Historical Society
Publications, IV„ 160-191.

32 History of Nebraska.
3. American Explorations.
Lewis and Clark' s 1'ravels, (London, 1815, 3 Vols.) I.,
35-65.
Johnson, Hist. ofNebr., 46-55.
Journal of an Exploring Tour, by Rev. Samuel Parker,
(Ithaca, 1842), 39-68.
Fremont, Report of the Exploring Expedition (Wash
ington, 1845), 15-22.
4. Fur Trading.
F. J. Turner, Character and InSuence of the Fur Trade
in Wisconsin, Wis. Hist. Soc. Pub., 1889.
Washington Irving's Works: Astoria, Chaps. I.— III.,
XIII.-XVII. Bonneville's Adventures, Chaps. II.-1V.
Encyclopsedias, under names John Jaeob Astor, Fur
Trade, etc.
Johnson, Hist, of Nebr., 98, 1361, etc.
Mag. of Amer. Hist., XII., 509.
5. Missionaries. State Hist. Soc. Pub., II., 133-166; III., 125-143: IV.,
157-191.
Johnson, Hist. ofNebr., 98, 1363, etc.

Advance Movements. 33

IV.— ADVANCE MOVEMENTS.
Two very interesting things happened* when
the valleys of our state first began to be colonized.
They are interesting because they are peculiar,
not because they have had a very great effect upon
the population of the state. The first is the com
ing of the Mormons into the country. These
religious people, with their strange beliefs and
practices, were compelled to leave their homes in
Illinois in 1844. The next year they took up
their journey westward and crossed the Missouri
at two or three places. The main colony gathered
about six miles north of the present site of Omaha,
where their town was called "Winter Quarters."
In two years the settlement grew to 15.000 inhab
itants. Such things as the country of-
THE ° J
mons ^ered> *ney *°°k ^or f°°d and shelter.
The amount of forage and timber required
to sustain such a fair sized city was not small,
and the removal of forests and game disturbed
the Indians. The land belonged to the Eed Man,
and the government was compelled to stand by
his rights. The Mormons had to move. From
this place they scattered, some crossing the Mis
souri and others making the long, tedious journey
to a new home at Salt Lake. Settlements were
made here and there by Mormon families, and in
some places enough of them collected to maintain
3

34 History of Nebraska.
a church. As late as 1857 they made a settle
ment at Genoa, now in the eastern part of Nance
County. A hundred families received shares of
the thousand acres which they inclosed
• and in a few years their colony was very
prosperous. But the Indians again interfered,
for the Pawnees came to occupy the reservation
assigned them by the government. Wars be
tween the Pawnees and the Sioux constantly an
noyed them, and in five or six years after Genoa
was founded, the Mormons had again dispersed to
other parts. At that place are left only earth
works to mark their former abode.
The second feature of interest is the wonderful
gold panic which seized the people of the East,
when it was announced in 1849 that gold had
been discovered in California. The valley of the
Platte was the natural avenue by which to ap
proach the mountains, especially from the north
ern states. People arrived in great numbers
the a^ the places where the Missouri was
hunt - crossed, and for a short time the fords of
the river were crowded. They made their
way across the plains with such means as they
had, either on foot, or with the ox-team, or on
horse-back. Ill prepared for the most part, many
perished in the long marches. A few gave up
their hope of finding riches and began life as
pioneers in the new country. They were among
the early settlers of Nebraska, but their number
was not large. One must have a strong imagina-

Advance Movements. 35
tion to realize even dimly the long lines of toilers
across the continent, the hardships and the heart
aches, and the terrible suffering, which left the
whole way marked by castaway garments, by
beasts of burden that had perished, and by graves
of weary pilgrims. This sad picture points to a
moral about fortune-hunting.1

l Johnson, History of Nebraska, 98-100. Schouler, History of
U. S., V., 130-148.

36 History of Nebraska.

V— THE ACQUISITION OF THE
TEEEITOEY.
Before the organization of the country into
territories can be discussed, it is necessary to
know how the United States came to own it.
When the thirteen original states banded them
selves together into a nation in 1788, the people
and their representatives in Congress did not look
beyond the Mississippi Eiver. This was the west
ern boundary as mentioned in the treaty of 1783
the between the United States and Great Brit-
sotjri ain- Spain held the land west of this
bound- river, which long before had been named
any _^
Louisiana for Louis XIV. When two na
tions hold opposite banks of a stream, it is under
stood that both have a right to use it, each one own
ing to the center. In the case of this river, not only
did Spain possess the land on the west, but the
mouth was entirely in Spanish territory. There
Spain owned both sides. All went well as long as
the commerce of the people living west of the Al
leghenies was allowed to pass into the Gulf. But
Spain was not to be depended on and sometimes
closed the mouth of the river. This caused bad
feeling between the two nations concerned, and
made it very desirable for the United States to
obtain at least all of the east bank of the river, if
opportunity offered itself. In one of the turns ot

The Acquisition of the Territory. 37
European politics in 1800, Spain gave to France
the whole country west of the Mississippi, as far
as Spanish claims extended. Thomas Jefferson,
just elected president, saw a chance for the United
States to buy a portion from France. He there
fore told Mr. Livingstone, minister at Paris, to
try to make the purchase, and in May, 1803, Mon
roe also was sent to France to aid him. At
THE fur- length Napoleon decided to cede tie whole
CHASE > of Louisiana to the United States. This
seems to have come about, not through the skill
of the men trying to make the purchase, but
because of the condition in which the affairs of
France were at that time. The price of this whole
country, from the Mississippi to the Eocky Moun
tains, and from the Gulf of Mexico to British
America, was $15,000,000. In the treaty there
is nothing said about boundaries. To the north
west very little was known accurately about the
extent of the claim, so that little could be said.
A moment's thought makes plain how great a
difference this purchase has made in the growth
of the United States. What would the career of
the Union have been, hemmed in by the Missis
sippi, with European nations on the west ? What
effect grea* success this change has brought to
them.*6 idea of a Eepublic! How much more
tion. dignity and importance among the nations
of the world this growth to a land empire has
given to the United States! Together with
other additions to our domain, it has made the

38 History of Nebraska.
Nation more symmetrical, and has thrown under
one flag the slopes of the great Mississippi and
Missouri valleys. Who will say that by the ac
quisition of this 900,000 square miles of territory
the controlling influence in North America, and
perhaps in the Western Hemisphere, did not pass
to the United States?
Very soon after the purchase Congress took
steps to»form the country into one or more terri
tories, and to extend the laws formally over the
land. From that time the maps showed various
divisions, but until the prairies were peopled the
changes were of small importance. It was mostly
"Indian Country" until 1854.
AUTHORITIES AND BOOKS OF REFERENCE.
Henry Adams, Hist, of XL S. during 1st Administration of
Th. Jeffeison, II., Chaps. 1 1. -VI.
Von Hoist, Hist, of U. S., 1750-1832, Chap. V., pp. 183-
188.
Schouler, Hist, of U. S., II., 36-52.
Johnson, Hist, of Nebraska, 44-46, giving a text of the
treaty.
Morse, Thomas Jefferson, 231.
Tbe American Statesman, 203-210.

The Kansas-Nebraska Act in Congress. 39

VI. — THE KANSAS-NEBEASKA ACT IN
CONGEESS.1
The beginning of the history of Nebraska as a
territory must be studied in the records of Con
gress. Long before there were white people
enough in the valley of the Platte to make a small
dinner party, the law-makers at Washington had
his- begun to think about forming a territory.
ofthe Government was not needed there yet.
TERRI-tory ' It was a political matter. The questions
BEGINS
in foi- about the Oregon boundary, the settle
ments in California, the Eepublic of
Texas, and the new territory acquired from Mex
ico constantly drew the attention of Congress to
matters beyond the Mississippi Eiver. The sub
ject of a new territory at the mouth of the Platte
Eiver arose in 1844, ten years before a bill estab
lishing it was really passed by Congress and
signed by the president. Efforts were made sev
eral times between 1844 and 1854 to bring this
about, and chief among the men interested in it
1 This was called the Nebraska and Kansas Bill, or the Nebraska
Bill, during the debates upon it in Congress. The name Nebraska was
first suggested as a name for the Territory by William Wilkins, Secre
tary of War, in his annual report, on November 30, 1844. He wrote:
" The Piatt or Nebraska, being the central Btream leading into or from
the Great South Pass, would very properly furnish a name for the Ter
ritory, which I propose suggesting to be erected Into a territorial gov
ernment." Congressional Globe, 1st Sess., 33d Cong., App., p. 715.

40 History of Nebraska.
was Stephen A. Douglas. He was a democrat,
„ and a very shrewd politician. He began
5ouG.A'his career in Congress in 1843 as a repre-
IAS' sentative from Illinois. In 1847 he en
tered the Senate, where he served for twelve
years. Mr. Douglas was very prominent in the
discussions which led to the organization of Ne
braska, and a study of the bill by which this was
done rightly begins with a study of him.
He was prime mover in urging the subject
upon Congress. His motives, his ambition, his
schemes, all are a part of the history of Nebraska.
The influence of this man and the acts of Con
gress from 1844 to 1854 are not alone sufficient
to show the reason why Nebraska became a terri
tory when it did. The subject of slavery entered
almost everything that was done in Congress for
years before Nebraska was organized. Trouble
arose in Congress whenever new territories were
made, because slave-holders wanted slavery al-
lowed and the opposers of slavery at the
and North desired to prohibit the whole evil.
M?ssou-There had been an agreement in Congress
pbo- "in 1820, which readers of American His
tory are familiar with under the name of
the Missouri Compromise.
By this bill anti-slavery men in Congress had
consented not to interfere with the question of
slavery in the Southwest. On the other hand,
the slavery men had agreed not to introduce
slavery into the Louisiana Purchase, north of the

The Kansas-Nebraska Act in Congress. 41
parallel of latitude 36° 30'. Although Mis
souri is north of that line, slavery was not pro
hibited within its limits. Mr. Douglas claimed
that the Compromise of 1850 took the place of the
Missouri Compromise, because, as he said,
com- the former allowed a territory to have slaves
0II.I50 or no*' Jus* as ^ ch°se- This was not true,
but it served as his pretext. He was the
chairman of the Committee on Territories, and
reported to the Senate on January 23, 1854, a
bill which provided for two territories. In the
previous bills only one was mentioned. Mr.
Douglas was the author of the section of the bill
squat w^ck contained the idea of a territory reg-
sover- noting slavery within its own boundaries.
EiGNTYThis doctrine is called "Popular Sover
eignty" or "Squatter Sovereignty." From the
time when the news of the bill spread through
the country, every community was stirred
kan-HE UP over ^e subject. In Congress the
Iraska greatest struggle in its history took place.
(») On' "Why should this bill cause such a com
mon the motion?" may be asked. It re-opened
the question of slavery, which many sup
posed to have been settled by the compromises.
The Kansas-Nebraska Bill, as it is called, brought
on the contest between the supporters and the op-
posers of slavery. It destroyed the Whig party,
and divided the people on the subject of slavery
alone. The new Eepublican Party, whose pur
pose at first was to prevent the spread of slavery

42 History of Nebraska.
and afterwards to stop it altogether, dates from this
(c)0a time. Inhabitants of Nebraska probably
Farties. &re not proud Q{ the fact tnat faQ DiU
which organized the valley of the Platte into a
territory came from those who upheld slavery,
and that it was passed by their votes.1 But they
may be glad that the schemes of Mr. Douglas
helped only to unite the parties of the North
against the one great curse of the Nation, and led
directly to the freedom of the slaves. The idea
of Popular Sovereignty is not that splendid prin
ciple that the will of a people shall rule supreme,
but only a mockery of it.
AUTHORITIES AND BOOKS OF REFERENCE.
Von Hoist, History ofXJ. S., 1850-1854. Chaps. VI.-VIII.
Schouler, History of the U. S., V., 276-292.
Congressional Globe,Yo\. 28, pt. L, 33d Cong. 1st session, p.
221 etc.
Seward's Works (Boston, 1884), IV., 433-479.
Johnson, Hist. Amer. Politics (N. Y., 1884), 157-166.
Sterne, Const. Hist, and Political Development ofXJ. S., 186-
192.
Young, American Statesman. 940-960; Chaps. 75 and 76.
Shepard, Martin Van Buren, 376-379.
Roosevelt, T. H. Benton. 315-349.
Mag of Amer. Hist., XVIII., 478.
Spencer, Hist, of U. S., III., 504-6.
Crafts, Hist, ot XJ. S. of Amer., I., 578-580.
Andrews, Brief Institutes of our Const. Hist., 226.
Davis, Rise and Fall ofConfed. Gov't., I., Chap. V.
Lalor Cyclopedia of Pol. Sci., II., 667-670.
SUGGESTIVE TOPICS AND QUESTIONS.
What was the Oregon Boundary matter? See Barrow's
Oregon (Commonwealth Series).
Schouler, Hist, of U. S., IV., 504-514.
How did California come to be a part of the U. S.? See

J In its final form, the Kansas-Nebraska bill passed the House May
22, 1854, by a vote of 113 to 100. The Senate approved it three days
later by a vote of 35 to 13, and the President signed it on May 30, 1854.

'J he Kansas-Nebraska Act in Congress.

43

Schouler, Hist, of XJ. S., IV., 247, 445-7, 528-535.
When did Texas become a republic and how long was it
independent? See Schouler,V., index.
Was Douglas sincere in his views? Read speeches of
Douglas and Lincoln.

44 History of Nebraska.

VII.— THE BILL ITSELF.1
The law passed by Congress to organize the
territory of Nebraska resembles an old law of the
Continental Congress. Indeed, every time that
ordi- Congress has passed a law to form a ter-
nance ritory) the Ordinance of 1787, as this old
law is called, has been the model for it. An
act or law which organizes a territorial govern
ment, naming the boundaries, the officers, and the
manner of their appointment, is called the Or
ganic Act. Such for our territory was the part
organ- °* ^ne Kansas-Nebraska act which Delates
icact. to Nebraska. The whole bill consists of,
thirty-seven sections, of which the first eighteen
apply to Nebraska alone. Three departments
were made, just as in the constitutions of the
United States and of each state. The general
plan is the same everywhere in this Bepublic, and
the territorial constitution, as might have been
expected, provided for governor, legislature, and
supreme court. The first governor of a territory
execu- ^n ^ne United States was appointed by
offi- the President and Senate, and this mode
CEBS of appointment has not been changed.
In the same manner, a secretary, attorney, and
marshal received their offices. The secretary had
a term of five years, but the others, including the
1 United States Statutes, X., 277.

The Bill Itself. 45
governor, had one of but four years. It is inter
esting to note that since the time of the Ordi
nance of 1787 these terms of office had increased
by one year.
The fourth section of the bill provided for a
council of thirteen members and a house of twenty-
six. The governor had the usual veto upon leg
islation, which began in 1787 with absolute power
to forbid a bill to become a law. It was very soon
modified, however, so that a certain majority of
members could pass bills over his veto. The
three judges of the supreme court received their
appointment in the same manner as the governor.
This territory had the very same kind of

LEGIS
MA TURE.

representation in Congress as the old North

west Territory had under the Ordinance of
1787, namely, a delegate to the House of Eepresen-
tatives, with right to discuss and advise concern
ing the territory, but without right to vote. One
of the important provisions of the bill
TERRI- r r
tori ax. (Sec. 16) reserved two square miles out of
gate, each township for purposes of education,
but it seems that Nebraska received no benefit
from this while a territory.1 There are certain
things in the Organic act that show in whose in
terest the bill was made and by whose votes it
was passed. (1) The voters are only the "white"
population (Sec. 5). (2) It is especially stated
that the two acts of Congress of the years 1793
and 1850, about fugitive slaves, should be in force

1 Governor's Message, 9th Session.

46 History of Nebraska.
in the territory (Sees. 9 and 10). (3) In the last
half of the 14th section, the Missouri Compromise
act is declared of no effect, and the idea of non
intervention by Congress is expressed. This idea
was that Congress should not interfere with any
state in its own private affairs: that the people
should regulate their domestic institutions in their
own way, subject only to the Constitution of the
United States. This is the doctrine of "Popular
Sovereignty." At the time the old Ordinance
of 1787 was passed, ther© was little opposition
when Nathan Dane, a Massachusetts lawyer,
moved to add a paragraph prohibiting slavery
in the territory north of the Ohio Eiver. Be
tween that time and 1854 things had changed.
It was no longer possible to pass a bill with a
clause in it prohibiting slavery in a territory,
although the land might lie farther north than the
Ohio Eiver. The Ordinance of 1787 was the
first act of the United States that contained a fu
gitive slave clause and the Kansas-Nebraska Bill
was the last.1

iThis latter statement remains to be verified, but seems to betrrce

The Territory of Nebraska. 47

VIII— THE TEEEITOEY OF NEBEASKA.
When the territory of Oregon was established
in 1848, the summit of the Eocky -Mountains be
tween the parallels of 42° and 49° became a part
of the boundary. In 1850, at the formation of
Utah Territory, the same mountains were made
the eastern boundary between the 30th and 40 th
bound- parallels. When Nebraska was organ-
aries. izec^ tlie summit of the Eockies easily be
came the western limit, because it was already a
boundary line. Just where the "summit of the
Eocky Mountains" is, the members of Congress
themselves probably did not know. In Map IV.
it is taken as the water-shed, on one side of which
the rivers flow to the Gulf of Mexico and on the
other to the Pacific Ocean. The western boundary
of Minnesota, which was formed into a territory
five years before Nebraska, followed the Missouri
towards the northwest as far as White Earth
Eiver, and then turned northward along this
stream to the British line. The northeast bound
ary of the Territory of Nebraska likewise followed
these rivers.1
No one need think that the exact location of
these lines which Congress had fixed, except the
boundary between Kansas and Nebraska, made

1 White Enrth Uiver rises smith of British America. Doubtless the
boundary would be completed by a line drawn north from the source of
this river to the tilth parallel.

48

History ol Nebraska.

MAP IV. TERRITORY OF NEBRASKA, 1854-1801.

A. White Earth River.
B. Portion removed by formation of Colorado.
C Present Limits.

The Territory of Nebraska. 49
any difference at all between the inhabitants of
the Territory. The few white persons in the
country were at the southeast corner, and the Eed
Man knew no boundaries. Since the western
country was being settled rapidly, these extensive
limits could not long remain. In February, 1861,
Colorado Territory was created, taking a small
piece out of the southwestern corner of Nebraska.
Two months later Dakota Territory was formed,
which removed all the stretch of country north of
the 43d parallel. At the same time two tracts
were added to Nebraska from Utah and Washing
ton territories. The effect was to change the
western boundary from the indefinite "summit of
the Eocky Mountains" to the 33d meridian west
of Washington. Nebraska Territory was now
nearly four times as long as it was wide, stretch
ing in fact, about fifteen degrees in longitude.
It so remained for two years. At the formation
of Idaho Territory, March, 1863, all west of the
27th meridian was taken away. With these def
inite boundaries it remained, even after it became
a state in 1867.
The organization of the Territory of Nebraska
begins with the appointment of Francis Burt, of
South Carolina, as governor, by the president,
Franklin Pierce. With the arrival of Mr.
iza- Burt at Bellevue, October 7, 1854, came
TION. ' '
the enforcement of law in the new settle
ments. Hardly had the governor begun his work
when he died, and the secretary, T. B. Cuming,
4

o

TERRITORY OF NEBRASKA FROM 1S01 TO 1863.
A. Part added from Washington Territory.
B. Part added from Utah Territory.

tn

The Territory of Nebraska.

51

became acting governor, as the bill provided. By
the hand of the latter the wheels of govern
ment were set in motion. First, districts were
laid out in order that a census might be taken.
After the population had been ascertained, the
first thirteen councilmen and twenty-six rep-
TEP ' resentatives were apportioned for election
among eight districts or counties.1 On elec
tion day, December 12, not only were members
of the legislature selected, but also a delegate for
Congress. The returns showed a voting popula
tion of 800, but some allowance must be made for
the tendency of non-residents to come across the
river to vote. The acting governor assigned the
three judges to districts, set the time for holding
terms of court, and appointed county officers.
Members of the legislature were duly elected, and
the government of the Territory had star-ted.
The history of the legislature of the Territory

!The following shows the first eight counties, with the vote of each
for delegate to Congress, and the number of councilmen and representa
tives assigned : —

NOBTH PLATTE

SOUTH PLATTE

COUNTY

VOTE

No.
Conn.

No.
Rep.

COUNTY

VOTE

No.
Couu.

No.
Rep.

207 57 14
34

4 11 1

82

C.1SS 

130
1S1 42 38

1311

2

Burt 

Pierce 

5

Washington....

Richardson 

2

402

7

14

398

6

9

There was from tbe start a struggle for the capital between the vari
ous places, especially between the regions north and south of the Platte.
These figures are ol use in tbe study of that subieet.

52 History of Nebraska.
consists of twelve regular sessions, of which the
first began January 16, 1855, and the last one
January 10, 1867. The time of meeting was
often changed, however. The second session be-
. gan in December, the third in January,
TION. and the fourth in December. From the
fourth to the eighth sessions inclusive, the open
ing day fell in the latter part of the year, while
for the four remaining it was changed back to
January. From 1855 to 1867 twelve yearly ses
sions were held, with the exception of the year
1863. : The membership of the house of represen
tatives was increased from twenty- six to
MEM- •>
sh?f 0F^n^r^y"nve a^ ^e second session, and later
legis- ^Q thirty-nine, the limit set by the Kan-
TUR ' sas-Nebraska Bill. There was no change
in the number of members in the council.
Law-making in a territory is different in many
respects from the same thing in a state. In the
latter, the power of the body that makes the law
is very much restricted by the constitution. In
almost every state in the Union there is a long
list of subjects concerning which the legislature
is forbidden to make special laws. It is
al and thought better to make general laws that
SPE-ciai. apply to all the cases of the same kind.
LAWS. rl J
For example, the legislature of Nebraska
is forbidden to make a charter for any particular
city. But a law may be made applying to all the
l This was in the middle of the war, when money was scarce. The
financial reason is the only one assigned for the failure to hold a session
in that year.

The Territory of Nebraska. 53
cities of a certain class, the class being deter
mined by population. But the territorial legisla
ture was not restricted at all in this regard, and
laws upon all sorts of special subjects are found
in, the statutes. Divorces were granted by act of
the legislature, every town was formed by a sep
arate law, and the territorial assembly smiled upon
every academy and "university," which lived, per
haps, only upon paper. But the Territory of Ne
braska did not continue through the whole period
to make law in so clumsy a manner. Grad-
ment ua^y *ne work of legislation was made
ERA-LN"more expeditious by the passage of general
laws. ac|.g on various subjects. A law of 1864
gave the courts jurisdiction of the subject of di
vorce. Another law was passed by which compa
nies could be organized by taking certain legal
steps, instead of asking the legislature to attend
to every individual case. By one of the acts at
the first session, a great part of the statutes of
Iowa became the laws of the Territory. This is
a good illustration of how a newly organized com
munity gets its laws. At first all the states had a
common model to follow in the English Statutes,
which had accumulated for many centuries. But
as soon as one state had excellent laws, it was an
easy matter for another state to adopt them. This
adoption of statutes has prevailed to a large ex
tent in the western states, where the laws of New
York, Pennsylvania, Ohio, and Michigan have re
peatedly been copied. Part of the Iowa laws

54 History of Nebraska.
thus brought into Nebraska defines crimes and
their punishment, and part of them regulates civil
processes, such as the manner of bringing suits,
etc. The former is called a criminal code and
the latter a code of civil procedure. The territo
rial legislature at its third session foolishly re
pealed both these and left no others in place of
them. Governor Cuming told the fourth
of the legislature that the laws were "limited,
laws. °
confused, and contradictory, and that
careful legislation was necessary. The question
of the removal of the capitol was uppermost in
the minds of the representatives, and adjournment
came without the needed laws. In the autumn of
1858, Govenor Eichardson called the legislature
in special session, three months before the regu
lar time, principally to pass laws in place of those
that had been repealed. Many of the
of the criminal laws enacted at this fifth, or spe-
fifth ... l
bion c*a^ sessi°n' remained in force until 1873^
when the criminal code of .Ohio was
adopted. At the same time civil laws also were
passed, which were re-enacted in 1866.
The earliest liquor law of Nebraska was the
most stringent. The first legislature in 1855 pro
hibited not only the manufacture of liquor in the
AN Territory, but also selling, exchanging,
liquor and giving intoxicating drinks. In 1858
LAW- this was modified by a license law. Slav
ery in Nebraska and Kansas is of special inter
est. In Kansas was fought the real battle of the

The Territory of Nebraska. 55
frontier, between the slavery and anti-slavery fac
tions, and one can appreciate the victory only by
reading the history of that time. Nebraska Terri
tory knew little of the conflict because slave labor
slav- was unprofitable so far north. Tet there
EBY- were some slaves even in the small settle
ments here, for the territorial officers who came
from the Southern States brought slaves with
them. Opinions on both sides of the question
are found in the Journals of the legislature.
There were attempts to make it unlawful for a
free negro to settle in the Territory, and bills were
introduced to prevent slavery altogether within
the limits of Nebraska. The history of the Terri
tory is closely connected with the subject of abo
lition, in the career of John Brown, who spent
much time in the southeastern counties just J?e-
john ^ore ^ne war> helping fugitive slaves to
brown. escape from Kansas by his so-called "un
derground railway." This was a special route,
of which Falls City was the first station in the
Territory, and Nebraska City or Brownville the
second, where runaway slaves crossed the river on
their way to Canada. By this means many a ne
gro sought and gained his freedom.
The Federal Government paid the salaries of
the governor, secretary, judges, and members of
the legislature, while the attorney-general and
marshal received only fees. For this
reason, the expenses of the territory were
comparatively light. It seems that the lands re-

56 History of Nebraska.
served for school purposes could not be used dur
ing the territorial period.1 This threw the ex
pense of establishing a school system upon the
people, which with other matters of expenditure
caused a small debt to accumulate. It is
easiest for a city or state to raise money
by issuing bonds bearing interest for a number of
years. The territory did this, but the debt in
curred was never large. Eesources were usually
larger than liabilities in the accounts of the
treasurer and auditor. The laws of the Territory
rev- concerning taxation were poor, so that
inue .
laws, money came into the treasury slowly.
Governor Cuming spoke of the revenue laws in
his message to the fourth legislature, as "inappli
cable and almost inoperative." Of course the
taxes increased with the growth of population.
The financial reports show that all the money paid
in 1856 came from three counties and amounted
to $1,236.00. The annual revenues for ten years,
beginning with 1856, averaged over $10,-
Territo- °00-00- In 1865 the annual taxes had
eS£t'reached nearly $34,000.00. This may be
Cost? said to be what it cost the people directly
to carry on the territorial government. There
are many other things, however, that should be
added to this to find the real cost, such as the
fees received by the attorney and marshal.
There may also be added to the territorial ex
penses paid by the people the annual appropriation
l Governor's Message, 9th session.

The Territory of Nebraska. 57
by the Federal Government of about $17,000.00
for salaries, and large amounts for improvements.
Among the latter was an item of $50,000.00,
granted for a road between Omaha and Kearney.
When a movement was started to form a state
government, opponents argued that a territory
costs less than a state. In the case of a country
like Nebraska, into which the tide of population
was fairly rushing, the expenses of the territory
and of the state which follows are not to be
compared. Life in the Territory of Nebraska was not with
out its exciting political quarrels. The most
bitter fights in politics are over the location of
county seats and state capitals, and this was sadly
true here. The death of Governor Burt, who in-
tended to make Bellevue the capital, gave
tal1" the acting governor an opportunity to de-
fight. c^& Up0n Omaha instead. Intense feel
ing was aroused at once. From this time on the
Territory never lacked sites for the capitol. The
pull was both north and south, to Florence, Platts-
mouth, Nebraska City, and the interior of the
country. In 1855, 1857, 1858, and 1867, the
strife between the North and South Platte regions
was mentioned with regret by the governors
in their messages to the legislature. One gov
ernor argued that a bridge across the Platte
would tend to allay the feeling. At the fourth
session, part of the legislature actually withdrew
to Florence, north of Omaha, but the move was

58 History of Nebraska.
unsuccessful. A bill had been introduced into
the previous legislature, 1857, concerning a re:
moval of the capital from Omaha to a town by the
name of Douglas, Lancaster County, which ex
isted only on paper. A writer who took part in
the politics of that time says that the apportion
ment of members for the first legislature was
made in such a way that the members would sus
tain Governor Cuming's decision, when the ques
tion of the location of the capital came before
them.1 The wonderful settlement of the western coun
try is naturally a subject of inquiry. What led
people westward in such numbers ? The discovery
of gold in California late in the forties first in
duced people to turn their faces toward the Pa
cific. Five or six years after this, the Kansas-
Nebraska bill by its prominence advertised the
Great Plains, and in 1859 gold was discovered at
Pike's Peak. The effect of this discovery,
rafid?-' coming during hard times, was probably
TY AND . .
extent much greater than it otherwise would have
OP SET-
tie- been. The exceptional advantages offered
MENTS. to all classes by a new country accounts
largely for the tide of immigration. The pre-emp
tion and homestead laws of the United States
served to bring the matter of lands and homes
more sharply to the attention of eastern citizens

1 J. S. Morton, in State Hist. Soc. Pub., III., 101. A comparison of
each apportionment and the political majorities of the counties in each
district afford room for special study. See Fiske, Civil Government, 216.

The Territory of Nebraska. 59
and promised them undisputed possession of west
ern farms. The rapid settlement of Nebraska, too,
was made, notwithstanding the unfavorable opinion
in the East about the quality of Nebraska soil.
Had the toiling farmer of New York and Ohio
known that in a few years Nebraska would out
rank all the other states in its yield of corn per
acre, would not the rate of immigration have been
more surprising? The settlements, as a rule, pro
ceeded from the Missouri Eiver westward. Some
particular circumstance here and there, such as
the location of a fort, led settlers to go far out on
the frontier to make homes for themselves. There
was also a tendency to settle near the usually trav
eled wagon routes, along which freighters stopped
on their way to Pike's Peak, Utah, and California.
In 1859 the white population extended from the
river 140 miles westward, and the number of
counties had grown from eight in 1855 to thirty-
five four years later.
In this first decade great strides had been made
towards accumulating material wealth and estab
lishing prosperous homes. Population had in
creased marvelously. Assessors' rolls for the year
wealth 1866 showed a million and a half of clol-
terrS lars invested in merchandise, $143,000.00
in manufactures, and upwards of $85,-
000.00 in household furniture. For that time
such material progress means much. Agriculture
was firmly established, and the richness of the soil
of Nebraska was abundantly proved. The value

60

History of Nebraska.

of farm stock lacked little of three million dollars.
Altogether the wealth of the Territory was placed
at eighteen millions.

The State. 61

IX.— THE STATE.
Before the Territory was scarcely five years
old, the question of changing to a state govern
ment began to be discussed. The greater part of
the message of Governor Black to the leg-
jlOiy islature in December, 1859, was devoted
to it,1 and that body passed a bill provid
ing for an election in March, 1860, to decide
whether or not a state organization should be
effected.2 The vote of the people favored the con
tinuance of the territorial form. The
FIRST1
at- subiect appears not to have been dis-
TEMFT. .
cussed seriously for four years. In Feb
ruary, 1864, the legislature asked Congress to
permit Nebraska to become a state,3 and about
two months later their petition was granted in the
passage of an "Enabling Act." However
bling the only action taken in Nebraska under
ACT. J
this provision was to elect members to a
convention, which met and adjourned without ac
complishing its purpose. The legislature did
not discuss the subject again until the session of
1866. This time it was left to no "constitutional
convention" to draw up a constitution, but that
work was done by a committee and was submitted

^Council Journal, 6th Sess., 15-22.
VLaws ot Territory, I860, pp , 45-4S. Johnson, Hist, of Neb., 120.
Siaivs uflerritory, 1864, pp., 282, 2S3.

62 History of Nebraska.
to the people for approval on June 2.1 The con
test was very close and exciting, and the new
form of government was adopted by a majority
coNSTi-of only one hundred out of nearly 7,800
TUTION .
of 1866. votes cast. Two political parties, taking
opposites of the question, nominated full sets of
officers and completed a thorough organization.
The republicans favored and the democrats op
posed the adoption of the new constitution. In
their stump speeches the orators talked only about
the advisability of state government or no state
government, but the political leaders were mainly
concerned with the effect of the issue upon na
tional politics.
From the election in June until early in 1867,
Nebraska had both a territorial and a state form
of government. The authorities of the
legis- Territory continued in office, and the ter-
LA- TURES
AT ONCE. while, the new state legislature had its first
meeting July 4, 1866, and was again called to
gether February 20, 1867, only two days after the
last territorial legislature had adjourned, in order
to accept a certain requirement imposed by the
Federal Government.
The constitution of 1866 was not satisfactory
to a large number of people, so that a convention
to draw up another was authorized by the

I,A" ritorial legislature, on January 10, 1867,
met for its twelfth and last session. Mean-

ICouncil Journal, 11th Sess., 129, 170, 184.
2 Johnson, Hist, of Neb., 128. Vote: 3938 to 3S38.

The State. 63
legislature at its eighth session.1 The election of
NFiwrnN members of the convention came in May.
STITU- The document which they drew up was
• submitted to the people for their approval,
September 19, 1871. Several amendments were
one proposed, each of which aroused the oppo-
fosed sition of a particular class. One pro-
IN 1871 vided for the taxation of church property,
another for compulsory education, and a third
that counties and cities should not vote aid to cor
porations, such as railroads. Five such amend
ments were voted on separately, and all were re
jected along with the constitution itself.2 Four
one years later, on October 12, 1875, the peo-
ed°nT" ple adopted a more satisfactory constitu
tion.3 At the same time two separate
propositions voted upon were also approved. The
constitution of 1875 went into effect November 1,
of that year, and still continues almost unchanged
(1892). From 1866 to 1891 inclusive, twenty-two ses
sions of the state legislature have been held.4
^-Statutes, 1871. 63-66.
2Vote: for, 79S6; against, S627. Johnson, Hist, of Neb., 145.
SVote: for, 80202; against, 5474. Johnson, Hist, of Neb., 151.
4 The following are the twenty-two sessions. Those marked # were
special or extra sessions; January 7-Feb. 25, 1875.
Dec. 5, 1S76.
Dec. 5, 1S76.
Jan. 2-Feb. 13, 1S77.
Jan. 7-Feb. 25. 1879.
Jan. 4-Feb. 26. 1881: 40 days.
May 10-24. 1882.
Jan. 2-Feb. 26, 1883: 42 days
Jan. 6-Mar. 5, 1885: 43 davs
Jan. 4-Mar. 31, 1887: 61 days
Jan. 1-Mar. 30,1888: 67 days
Jan. 6-April 4, 1891: 71 days,

1.

July 4-11, 1866.

11.

*2.

Feb. 20-21, 1^67.

*12.

3.

May lii-.lune 24. 1867.

*13.

*4.

Oct. 27-28, 1868.

14.

5.

Jan. 7-Feb. 15, 1869.

15.

"6.

Feb. 17-March.l, 1870.

16.

*7.

.March 4, 1870.

*17.

8.

Jan.5-Mar.28; May30-June

18.

6, 1871.

19.

Sth Adjourned. Jan. 9-19, 1872.

20.

9.

January »-Mar. 3, 1873.

21.

10.

Mar. 27-29, 1873.

22.

64 History of Nebraska.
The first constitution allowed biennial sessions of
LEGISLA- £°rty days each, which was not changed
TURE. by the constitution of 1875. There were
several special or "called" sessions, and one "ad
journed" session, which varied somewhat in length.
Nine meetings were very short.1 The
|hort ggygjjjjj j^gt b^ one c\aj, and the twelfth
and thirteenth were both held on the fifth
of December, 1876. 2 As the state grew in popu
lation and wealth, its interests largely increased
and the legislature found it difficult to transact '
all the necessary business in the allotted forty
days. This length of time was exceeded by two
change days at the eighteenth session, and by
bebof" three days at the nineteenth session. At
DAYS **
the latter meeting, in 1885, an amendment
to the constitution was proposed by the legislature,
making sixty days the length of a session instead
of forty. At the election of 1886, this was voted
upon and carried.3 The last three legislatures
sat for sixty-one, sixty-seven, and seventy-one
days respectively.
Under the first constitution the number of sen
ators was fixed for ten years at thirteen, and the
IThese were 1st, 2d, 4th, 7th, 8th Adjourned, 10th, 12th, 13th, 17th.
2 The governor brought The legislature together on the morning of
that day to canvass the votes for presidential electors. This was ac
complished, the result showing the election of Amasa Cobb, A. H. Con
ner, and S. A. Strickland. A question had arisen concerning the eligi
bility of Mr. Cobb to bean elector, and the governor convened the legis
lature again at 3 p.m. of the same day, to settle this matter and to
canvass the votes for state officers. This was all the business done at
the twelfth and thirteenth sessions. Senate Journal, 12-14 Sess., 1-33.
3 Session Laws, 1885, p. 435. House Journal, 1887, pp. 969-972.

The State. 65
number of representatives at thirty-nine, the
mem- limits of niombership being twenty-five
BER- ' .
Shu3, and seventy -five. By the constitution of
1875 these limits were increased to thirty-three
and one hundred. The full numbers are now
elected. The seven governors that have been elected in
the State have each served two terms, on the
average.1 Since 1867 the duties of governor have
seldom devolved upon acting governors, while in
GOVERN- ^e Territory the acting governor was
ORS. often in office. Under the constitution of
1866 the secretary performed the duties belong
ing to the head of the State, if the latter died or
was removed. This happened in 1871, when
Governor Butler was impeached. W. H. James
took his place, remaining in office until the term
of the next governor began, in 1873.
During the territorial period and also the
early years of state history, there were three
JUDI- judicial districts. In 1883 the number
CIARV. had increased to ten, and in 1891 to
fifteen. The supreme court has remained, from
the beginning of the Territory in 1854, a
body of three members.2 The two senators al-
lThe list is as follows:
1.— David Butler, Feb. 21, 1S67 4.— Albinus Nance, Jan. 9, 1879.
2.— Rob'r \Y. Furnas. Jan. 13, 1S73. 5.— James W. Dawes, Jan. 4. 1883.
3.— Silas Garber, Jan. 11, LS7.">. 6.— John M. Thayer, Jan. 9, 1887.
7.— James E. Boyd, Jan. S, 1891.
2 The chief justices of the State have been as follows :
l.—W. A. Little, 1-66. 6.— Amasa Cobb, Jan. 1, 1884.
2.— O. P. Mason, 1S66. 7.— Samuel Maxwell, Jan 1, 1S86.
3.— G. B. Lake, Jan 16. 1S73. 8.— M. 11. Reese, Jan. 1, ISNv
4.— Daniel Oantt, Jan. 3, 1S78. 9.— Amasa Cobb, Jan. 1, ls90.
5.— G. B. Lake, Jan. 1, 1S82. 10.— Samuel Maxwell, Jan. 1, 1892.

66 History of Nebraska.
lowed by the constitution of the United States
have represented Nebraska in Congress
OF CON- from the time of its admission,1 but the
GRESS. number of congressmen has increased
from one in 1867, to six in 1893. 2
Only the few who handle the money of a great
state or keep its accounts, know how much gov
ernment costs and whence the money
FINANCES n ., ,. „ ,, , i
comes. Consideration ot the system ot
taxation is better left to the pages of civil gov
ernment, but it is quite fitting to inquire at this
place how much money, in fact, is annually used
by the State. The cost of a territorial govern
ment was seen3 to be very small, because it is
more simple, and also because part of the expense
falls upon the Federal Government. The num-
lThe list of senators is as follows:
John M. Thayer, 1*67-71. Alvin Saunders, 1877-83.
Thomas W. Tipton, 1S67-75. 0. H. Vau Wyck, 1881-87.
Phlneas W. Hitchcock, 1S71-77. Charles F. Manderson, 1883-1889.
Algernon S. Paddock. 1S75-81. Algernon S. Paddock, 1887-93;
Charles F. Manderson, 1889-95.
2The congressmen have beeo as follows :
XXXIX, Congress  T. M. Marquett, (1807.)
XL.-XLII. ConerreBS  John Taffe, (1867-73.)
XL1H-XLIV. Congress.... Lorenzo Crounse, (1873-77.)
XLV. Congress  } STm^I ('377-79.)
XLVI.-XLVII. Congress.. .E. K. Valentine, (1879-83.)
("1st Dist. — A. J. Weaver  ~)
XLVIII. Congress  -j 2d Dist.— James Laird  W1888-85.)
I 3d Hist.— E. K. Valentine  J
(1st Dist.— A. J. Weaver  1
XLIX. Congress  ! 2d Dist.— James Laird  H18S5-S7.)
I 3d Dist.— W. E. Dorsey  J
( 1st Dist — James A. McShane..]
L. Congress  \ 2d Dist. — James Laird  M18S7-89.)
I ::d Dirt.— Geo. W. E. Dorsey...)
[1st Dist.— W.J. Connell  \
LI. Congress  -', 2d Diet.— (I. L. Laws  H18S9-91.)
I ::d Dist.— Geo. W. E. Dorsey...)
| 1st Dist.— W. J. Bryan  "j
LII. Congress  J. 2d Dist.— W. A. McKeighan.... M1S91-93.)
l.Sd Dist.— O. M. Kern  J
3 Above, p. 56.

The State. 67
ber both of people and officers is small. All the
life of the territory is on a less extensive scale.
As a state grows in population, the privations of
frontier life give way to a greater prosperity, at
tended with luxuries. First, then, what does a
state government cost? The auditor makes his
reports every two years, and it is most
astate convenient to divide the time from 1869
ern~- to 1890 into eleven periods of two years
ment. . —, „ ,. ,.
each, .tor one or these, on the average,
over two million dollars has been paid out, an
annual expense of one million dollars. In the
two years 1869 and 1870 the cost was $997,600.00.
In the years 1889 and 1890 it had increased to
$3,848,000.00. But this expense does not fall
more heavily upon the citizens of the State, than
did the small expense of the Territory upon its
citizens, because there are more to share it. <
The funds of the state come partly from direct
taxes collected in each county and paid into the
cesof s^te treasury, and partly from lands
enue. which have been reserved for a particular
purpose, as for education.
The old question about the location of the cap
ital again arose at the final session of the terri
torial legislature, but was not settled. At the
_ ... fourth session of the state legislature,, in
Dil I ITL o '
CAL May, 1867, the matters of apportionment
EVENTS. an(j removal of the capital had to be de
cided, because they were included in the call of
Governor Butler for the special session. Even

08 History of Nebraska.
as early as 1856 the census showed a greater
population south of the Platte than north of it,1
and the sectional struggle for proper representa
tion finally resulted in a bill of the fourth legis-
lature, by which the seat of government
cIp?-°Fwas to be removed to a place in either
TAI" Seward, Saunders, Butler, or Lancaster
County. The governor, the secretary of state and
the auditor, by whom the site was to be selected,
chose its present location in Lancaster County,
where a city was immediately commenced. The
bill named this place Lincoln, in curious contrast
to the name Douglas, which had been proposed
by a territorial bill ten years before, when the
popularity of Stephen A. Douglas was at its
height.2 Of great importance in the political
history of the State was the impeachment and
,trial of the first governor. The process of such a
m. trial is better discussed in the chapters on
meut civil government, and the exact truth of
OP GOV-
ERNOR.the matter can only be ascertained by a
careful study of the papers, diaries, letters, etc.,
of that time. Besides, in the case of a period so
recent as even the first years of the history of
this State, all matters of politics are best treated
merely as facts, without inquiry into motives 3
JCf. above, p 61.
ISUitf Hist. Soc. Pub., II., 66.
3 House Journal, 1871, pp. :i!)2,424, etc. Impeachment Trial of David
Butler, Omaha, 1871. The impeachment, resolutions were offered in the
House on Feb. 28, 1871, and the trial by the Seuate, sitting as a. court,
began March 14. The governor was removed from his office, although
not found guilty of more than one of the charges.

The State. 69
The turbulent times of 1872, when the acting
governor and the legislature were quarreling,
were only steps in the departure of the State from
disorder to system and law. The business of the
public welfare soon became a more serious matter,
and the acts of individual men became insignifi
cant, compared with the interests of a great
other commonwealth. Few events of special
calITI" political importance have happened since
EVENTSthat time. In 1876 the people of all
parts of the Nation awaited anxiously the re
sult of a petition concerning one of the electoral
votes of Nebraska, because the presidential con
test between Hayes and Tilden was very close.
This matter, as well as the subject of citizenship
involved in the Boyd-Thayer case of recent
times, belongs to civil government.

History of Nebraska.

X.— DEVELOPMENT OF THE EESOUECE8
OF NEBEASKA.
The great increase in the population of Ne
braska is not surprising, in view of the richness
POPULA- °^ ^he so^ anc* ^e large demand every-
TION. where for good agricultural lands. In
1880 little more than 450,000 people were found
here, while in 1890 the census showed over
a million.1 Accurate statistics concerning the
growth of a state or nation are very useful and
instructive, because they show what parts of
the population are increasing most rapidly. The
growth in the past reveals something of the fu
ture. For example, the city population of the
United States now increases much more rapidly
than that of the country districts. In
of 1890 there were in this State sixteen
CITIES. cities of more than 2,500 inhabitants.
Their total population was 290,000, or about two-
fifths as many as lived in the country. Ten years
earlier these same sixteen cities contained only
about one-fifth as many. This opens the ques
tion of the cause of so much removal from the

1 For statistics concerning population, see Report of Sec, of State,
Senate Journal, 12th-14th Sess., 879-80; State Agricultural Report, 1891,
p. 76. The following are given: —
1865  4494 1874  225257 1878  S13748
1866  10716 1875  246280 1879  386410
1860  2**41 1876  257747 1880  452542
1870  122993 1877  271661 1890  1058910

Development of the Resources of Nebraska. 71
country to the city.1 Nearly three hundred smaller
cities and villages are scattered over the State, the
VI1_ highest number in any county being nine.2
lages. Nebraska stands twenty-sixth among the
states of the Union in population. It has even
less people to the square mile than the nation
taken as a whole.3 Density of population, how
ever, is not desirable for many reasons,
RAVE
among not the least among which is the fact that
STATES. the problems of government grow more
difficult as the population increases.
Farming, stock-raising and manufactures have
kept pace with the rapid development of popula
tion. The adaptation of the soil to corn-raising
AGRICUL- waB we^ known to the Indians, and corn
TURE. became the main crop as soon as farmers
from the east began to turn the sod of their Ne
braska homesteads.* In 1865, 53,000 acres were
planted with corn, and 9,000 with wheat. The
relative amounts of corn and wheat have
and varied much in the quarter of a century
WHEAT. . .
since that time, but on the whole much
more land has been devoted to the former. For
two seasons, 1871 and 1873, the amount of wheat
was greater. Indeed, in the second of those years,
the excess of wheat land was 31,000 acres. Since

1 John Fiske, Civil Govt., of tbe V. S., 119-120.
2Saunders and Richardson counties have nine each.
3 People to the square mile: Nebraska, 13.8; Minnesota, 16.4; United
States, 17.94; Texas, 8.5; Rhode Island, 318.2; Nevada, 0.4.
4 The earliest homestead law of the United States was passed in
1862. A Nebraska pioneer by the name of Daniel Freeman secured the
first homestead under this act. The place is about four miles west o
Beatrice. Johnson, Hist, of Neb., 896.

72

History of Nebraska.

then, however, corn has been more in favor, the
the ratio in 1891 being 45 to 12. ' Stock-raising
and manufactures in Nebraska are intimately con-
' nected with farming. The growing industry of
reea- making beet sugar depends wholly upon
of farming, a large part of the stock-raisers
INDUS- & & „L n n . . ,
tries. are farmers who feed their own gram, and
packing houses look to the stockmen for their raw
material. Nebraska is not a mining region at all,
so that large industries that have gained a foot
hold here, such as the smelting works in Omaha,
get their ore from beyond the limits of the State.
It is said that in the case of Colorado, never known
to the American people except as a gold state, the
value of farm products exceeds the value of ores
that are mined. Happily little wealth in Nebraska
is spent in mining, and the whole effort of the pro
ducer is put into agriculture. Nebraska does not
compare favorably with other states in manufac
tures, because it has been settled so recently. In
agriculture, however, the State has a good record.
A comparatively small part of the land is now

lThe folio

wing sh

3ws the number of acres of corn and

wheat in

the State:

YEAR
ACRES
YEAR
ACRES
YEAR
ACRES
CORN
WHEAT
CORN
WHEAT
CORN
WHEAT
1865
53636
9241
1874
350000
S119S3
1883
2813103
1772990
I SC.C.
71503
9917
1S75
700000
346918
18X4
3235298
1950280
1867
64583
33333
1876
850000
376521
1885
3526475
1755252
186X
139082
36451
1877
1013158
876000
1886
3879123
1579727
1S69
159952
56179
1878
1291000
1050000
1887
3865158
1642127
1870
172675
128333
1879
1522400
1154300
1888
4097007
1561102)
1771
174168
177572
18S0
19196"0
1520315
1SS9
4097067
1404019
1872
200767
209836
18S1
2149200
1958500
1890
4317682
,1026s Jl
1873
2(1000(1
231226
1882 2364120 1057000
1891
4538009
1223787
Development of the Resources of Nebraska. 73
under cultivation, yet in the crops of 1890, Ne
braska ranked ninth in corn, tenth in oats and
twelfth in wheat. Who does not predict that when
nearly all the available land of the State shall be
tilled, here will be found the greatest yield to the
acre and the largest harvests of farm products?
Already Nebraska has ranked first in the yield of
corn per acre.
With such generous returns from the soil, the
people of the State have not been slow to spend
large sums upon schools. Among the forty-four
states, Nebraska stood only thirteenth in the
amount of money spent upon education in
1889-90. Since admission into the Union a
complete system of schools has been built up,
EDUCA- which affords free instruction, from the
TION. primary grades even to special graduate
work in the University. Not only were two sec
tions of land out of each township set apart for the
maintenance of the common schools, but the Uni
versity and Normal School are also similarly en
dowed. The enterprise that called forth numerous
"colleges" and "universities" before the territory
was over two years old, has finally resulted in a
splendid plan of education.

PAET II.
Civil Government of Nebraska.

United States Land Survey.

CIVIL,
GOVERNMENT OF NEBRASKA.

I.— UNITED STATES LAND SUBYEY.
The study of the origin of such divisions as
states and territories belongs to civil government
of the United States. The growth of civil insti
tutions, the long development from the family to
the state, cannot here be traced. The subject of
civil government in Nebraska treats only of the
peculiarities of this State, and may properly begin
with the Federal land surveys within our bor
ders. Mr. Fiske has shown1 the various divisions of
land for purposes of government, both in the
eastern and in the western states. It is the latter
that especially concerns Nebraska. In the colo
nies no order was followed in county lines or in
the limits of smaller districts. But an excellent
system of boundaries has been adopted for all
begin- the unsettled territory since acquired by
u. s. the nation. By a law of the old Con-
sur- tinental Congress in 1785, a plan of sur-
VEYS, ° r . ,
178S. yeys was begun which used meridians and
parallels as standards. The "first principal me-
1 John Fiske, Civil Government of the U. S„ 71-SS.

Civil Government of Nebraska.

ridiann was drawn through the mouth of the
Great Kenawha Biver, and afterwards became the
western boundary of Ohio. As the public surveys
were made further and further west, new meridi-
ians were established at intervals across the coun
try, until the twenty-fourth was located near the
Pacific coast. The "sixth principal meridian" is
sixth the one which concerns Nebraska. It runs
fa£me- through this State and Kansas, forming in
' Nebraska the western boundary of Jeffer
son, Saline, Seward, Butler, Stanton, and Wayne
counties. On either side of it are guide meridi-

1=1 w w

- Second Standard Par-
viii allel North.

-First Standard Paral
lel North.

Ill Srd Township North.
2nd Township North.
 BASF LIKE

FIG. 1. SYSTEM OF MERIDIANS AND PARALLELS.

XJnited States Land Survey. 79
ans, forty-eight miles apart, one east and seven
west within the State. This interval of forty-eight
miles is further divided by seven intervening me
ridians, and the resulting eight strips of land six
miles wide are called ranges. They are numbered
ranges ^°^ eas* anc^ w6st) beginning at the prin
cipal meridians. The last range in the
southeastern part of the State is numbered "xviii.
east," and in the extreme western part the num
bers reach "Ivii. west." Base lines are parallels
of latitude used as standards. Such a line for the
surveys in Kansas and Nebraska is the fortieth
parallel, the common boundary between the
eines. two states. North of this, at intervals of
GUIDE '
f A?AL" twenty-four miles, other lines are sur-
I.X.X.S. veyed called guide parallels, the interven
ing land being divided into strips six miles wide.
The ranges are thus cut into squares measuring
six miles on the side, which are numbered north
ward in every range, beginning at the
gres- southern boundary. They ase called con-
town- gressional townships, or sometimes, geo
graphical toivnships, to distinguish them
from organized townships. The whole State,
except on the large rivers, would be divided into
townships of uniform size if the meridians were
parallel. But they converge as they approach the
poles. On this account corrections have to be
made in the north and south lines, and some ir
regular pieces of land are formed, which are called
fractional townships. These lines fixed by the

so

Civil Government of Nebraska.

government are not only of use in locating land,
but they serve quite an important purpose in divid
ing the State into uniform districts for purposes of

6

5

4

3

2

1

7

8

9

10

11

12

IS

17

16

15

14

13

19

20

21

22

23

24

30

29

28

27

26

25

31

32

33

34

35

86

FIG. 2. NUMBERING OF SECTIONS IN A TOWNSHIP.

40

40

160
Acres.

40
40
8
)
80
FIG. 3. ONE SECTION, WITH MINOR DIVISIONS.
administration. People of the country districts
minor are familiar with the section, made by
sions. still further dividing the township by
lines one mile apart, and with the minor
United States Land Survey. 61
divisions called "quarter section," "eighty," and
"forty."1 SUGGESTIVE TOPICS AND QUESTIONS.
1. Are'all principal meridians numbered? See Encyclo
pedia at word principal meridian.
2. Locate a piece ot land described as follows: W % of N
E ]i, Sec. lti, T. 4 N., R. 7 West,
:i. Wln-re in a section would a farm be if described as S
AV^otNEJT? E^ofSW^? N^ofSEK?

I The manner of designating land by means of these lines is simple.
T. 10 N., K. i' E, means the tenth township north (of the base line) in the
second range east (of the sixth principal meridian). A "W" instead of
an " E" changes the location to one of the ranges west of the principal
meridian. After the particular township is designated, in which a piece
of land lies, the section is indicated by number, and tbe part of a sec.
Hon is shown by quarters or halves. Thus N W ¥4. would be aortli-west
quarter, and S Y2, south half, etc.

82 Civil Government of Nebraska.

II.— THE SCHOOL DISTBICT*
The kind of organization with which students
generally are best acquainted, except in cities and
villages, is the school district. It is formed by
the county superintendent, upon a petition from
the people affected by the change. Unless there is
some special reason for it, a district contains not
pOKMA_less than four square miles of land, and
tion. extends not more than six miles in any
one direction. A school district, indeed, need
not all be in one county, if the residents have pre
sented the necessary petitions to the superintend
ents of the two counties. There are about seven
thousand of these small districts in the state.1
They are very irregular, each being formed ac
cording to the desire of the people con-
shafe. ° . x L
cerned, or according to the situation with
regard to rivers and streams.
All the people of the district are taken together
as one body, of which the name is "The School
District No . . . .of  County." Like the
county and the state, it is treated in law as one
person, and is distinguished from an individual
by being called a legal person. "When a number

a cor- of persons are so organized into one body
tion or as to be able to hold property which be-
LE941 . l l j
ferson. longs to all alike, and to sue in the
courts, it is then called a corporation. Just as

The School District. 83
a bank corporation elects officers to represent it
and to carry on the work for which it is organized,
so the school district has its officers to represent
it and to do the work connected with the schools.1
The district acts as one body at its annual
meeting. It is not essential to its character as a
corporation that all the individual members meet
in one place. The county and the state are cor
porations, but a meeting of all the members of
either would seldom be possible. In re-
ANNUAl , , -, , , ,
meet- spect to its coming together to do busi-
ing. r ° °
ness, the school district reminds the stu
dent of the cities of Greece and Borne, in which all
the citizens met in an open air assembly to make
laws for the community. The annual meeting of
each school district is held at the schoolhouse on
the last Monday of June. Here the legal voters
transact the business of the district. Who are
the legal voters and what may be done at one
of these assemblies ? Any person of either
LEGAL „
vot- sex over twenty -one years of age, who
ERS. J J & '
owns either real estate in the district or
personal property that was taxed in his name at
the last assessment, or who has school children in
the district, is entitled to vote. All matters that
come before the district at the annual meeting
are connected with education. The most import
ant power is the right to fix the amount of school
tax. In a school district, as well as any-

iThe Supreme Court has decided that a school district is only a
sort of corporation.

84 Civil Government 01 Nebraska.
where else in the state organization, the power
pur- tp take money is guarded with great
POSES ~
of the care. The district elects three officers
DIS TRICT, to represent it. These three, moderator,
director, and treasurer, form a kind of committee
known as the school board. The moderator pre
sides at all meetings of the district, the treasurer
cares for all money, and the director acts as a
secretary of the district. They are best known
school as the district school board, of which the
' director is the most important officer.
He is a sort of chairman. The board looks after
all things immediately connected with the school,
such as hiring teachers, buying supplies,
and grading the school, and caring for the
school building. Another important duty
lately (1891) given to the board is the purchase
c of and care of school books.1 The power to
Books. own pr0perty belongs to all kinds of le
gal persons, or corporations.
Not all school districts are of the same grade.
When a district has one hundred and fifty school
children, it may become a high school district, if
the majority of the voters so decide at the

i Consolidated Statutes, 1891 §§3768-3707. "District school boards,
and boards of trustees of high school districts, and boards of educa
tion in cities of the first and second class, are hereby empowered and it
is made their duty to purchase all text-hooks necessarytfor the schools
of such district." A board may make contracts with publishers for
a term of yenrs, not over five, to purchase books at the lowest price at
which 1 hc.v a-re sold. Parents can purchase books from theboard at cost,
A local dealer may be designated to handle the books, with some in.
crease in price on account of handling and transportation.

The School District. 85
annual meeting. This change increases to six
high the number on the school board, which an-
dis- nually elects from its members a modera-
TEICTS "tor, director and treasurer. A district of
this kind may vote to establish a high school.
Every city, sometimes with surrounding land at
tached, forms a school district. Cities having from
city 1,500 to 10,000 inhabitants have a board
dis-001* °f six trustees, like the high school district,
TBICTS'but they are elected in a different manner.
There is no "annual meeting" in a city, and the
members of the board are chosen at the regular
election. In cities of the first class1 nine mem
bers are elected for terms of three years. Met
ropolitan cities have school boards of fifteen
members, of whom five are chosen each
year. When the board of a city organizes,
it elects a president, vice-president and secre
tary. A city school board itself estimates the
amount of the school tax, while in the high
school and country districts the voters, in
stead of the board, fix the amount of the tax.
SUGGESTIVE TOPICS AND QUESTIONS.
1. Make a map of your own school district >
2. Look up derivation of word corporation in a diction
ary. 3. Is there more reason why women should be allowed to
vote on school matters than on other subjects?
4. What advantages and disadvantages arising from a
school district owning all books used in a school ?

lFor classes of cities, see p. 86, Note.

86 Civil Government of Nebraska.

Ill— CITIES AND VILLAGES.
Scattered about over the State are more than
three hundred cities and villages. These, too, are
legal persons. Since the term municipal is applied
to such collections of people, they may also be
called municipal corporations. The classes1
PAL COR- °^ these are determined for the most part
PORA- by population. Yet there is much freedom
of choice. A thickly settled community
does not have to form any such organization at all.
It may remain a country district, governed as a
part of the county, and being a corporation, per
haps, only as a school district. A village or city
may constitute an entire school district. In that
case it is both a school corporation for education
and a municipal corporation for government and
administration. The school district of the city is
often larger than the municipality, some of the
adjacent land being added.
The law-making part of a village consists of a

l Inhabitants required for each class:
1.— Village. Consolidated Statutes, 1861, §§ 2861-2963.
(a) 200 to V 00.
(b) Over 1,500, if adopted by the people.
2.— Cities of Second Class. Statutes. §§'.'721-2859.
(a) 1,000-25,000. (.Session La us, 1883, p. 156.)
(b) 5,000-25,000.
3.— Cities ot First Class. Statutes. §§ 248.1-2720.
(a) 10,000 to 25,000.
(6) 25,000 to 1110,000.
4.— Metropolitan titles. Statutes, §§ 236S-2482.
Over so.iioo.

Cities and Villages. 87
board of five trustees elected annually. The
chairman of this board somewhat resembles the
mayor of a city. The powers of the board extend
to all subjects connected with preserving
vilI the peace and good order of the village,
but they include also the appointment of
officers that are usually elected in cities. Among
these are clerk and treasurer. Violations of the
ordinances of the village, as well as of the laws of
the State, are tried before a justice of the peace
belonging to the precinct in which the village is.
Thus the village really has no separate judicial
department. Likewise in the election of county
and state officers and in the collection of taxes, it
is a mere district of the county. '
Cities of the several classes have some features
in common. A city always has a mayor, who is
the chief officer and executive head. The body
city, that makes the laws is in all cases the coun
cil, although it varies in number and power. It is
usually made up of two members from each ward
or district of the city. Metropolitan cities
Wards. .
have from six to ten wards, and smaller cit
ies from two to six. In some cases2 only one coun-
1 Village Organization:
1.— Board of Trustees: (a) Number, five; (6) elected by voters; tc)
officers are (1) chairman and (2) clerk, who is city clerk; (d) pow
ers are very numerous, and extend to all matters connected with
the welfare of tho village. (Consolidated Statutes, 1891. §§2S67,
2892-2900); these include taxation, and licensing or prohibiting
selling and giving away liquor.
2. — Village Officers: (a) clerk; {b) treasurer; (e) overseer of streets; (d)
marshal. All appointed by board of trustees. Terms, one year.
Salaries, $150 to $300.
2 In metropolitan cities and smaller cities of the first class.

88 Civil Government of Nebraska.
cilman is chosen from a ward, and other councilmen
coun- equal in number to those representing par-
cl1- ticular wards are chosen by the whole city
without reference to districts. Those not repre
senting wards are called councilmen at large to dis
tinguish them from the others. All classes of
cities agree in electing mayor, clerk, treas-
ive urer, and police judge. Further than
this the classes do not agree. In a large
city the number of minor executive officers is
very great.1 Some are appointed by the mayor
directly, others are appointed by the mayor and
1 Metropolitan cities;
1 Area: Not over 25 square miles.
2. Wards: Number, 6 to 10; each divided into election districts if
containing over 400 legal voters; each election district is a precinct of
tbe county. 3. City elections: (a) Held on the first Tuesday after the first Mon
day in Nov. 1891, 1893, 1895, etc. Officers elected: mayor, treasurer,
comptroller, city clerk, and police judge. See chapter on elections.
4. Council: (a) Membership: onefrom each ward aud auequal num
ber from thecity at large. BoDd $3,000. (6) Powers and duties: more nu
merous as the city becomes larger. Council and mayor levy taxes. For
general purposes, not over 14 mills to the dollar. Council sits as a board of
equalization to adjust the taxes of the city. Special taxes may be levied
for sewers, paving, or any authorized public improvements. Among
other purposes are fire, light, and police. Appointments madeby mayor
and council together : engineer, attorney, city prosecutor, street com
missioner, inspector of buildings, boiler inspector, three members of
board of public works, etc.
5. Executive officers: (a) Mayor: appointing power in connection
with the council ; has superintending control of all officers and affairs of
thecity; enforces the laws of the city; recommends measures for "im
provement of finances, police, health, security, ornament, comfort, and
general prosperity of the city." (6) City Clerk: term two years, (c)
Treasurer: receives and pays out money for city and keeps account of it;
term two years; must give bond for $200,000; is collector ol the city
taxes, (d) Comptroller .-.general financial officer of thecity.
6. Boards: (a) Council as aboard of equalization. (6) Board of
public works, (c) Board for inspection of buildings, (d) Park commis
sioners: Five members appointed by the judges of the judicial district
inwhich the city is. Term, five years.

Cities and Villages. 89
council together, and still others are elected
other by the people. There is much difference
Officers. ».T,..,
or opinion about the amount of power that
should be given to the mayor. Usually his power
and responsibility are small, and many
Power of things which he might look after are done
Mayor be ^°7 committees or "boards." In cities of
Great? ^e grgj. c]asg) \fee Lincoln, there are sev
eral of these committees, such as the board
of public works, board of health, and excise
board. It is now strongly urged that a mayor be
given control of city government more completely,
and made more responsible for the manner in
which the business of the city is done. The reas
ons for this are many, one being that a single of
ficer acts more promptly and systematically than
a committee. A still stronger ground is a belief
that the chances for corruption are less when the
power and responsibility of the mayor are great.1
The police judge is the judicial part of the mu
nicipality. There are justices of the peace, it is
true. In metropolitan cities six are elected. Vet
the justices' court is a county institution, while
the police judge is a city office.
SUGGESTIVE TOPICS AND QUESTIONS.
1. Derivation of words municipal, ward, city, village,
and mayor.
2. May a city be a county? Look up the character of the
city of London.
3. Why does a city need more rules and regulations than
a country district?
4. ,If you live in a city or village, make a complete dia
gram of its government as it actually exists.

l See John Fiske, Civil Govt., Chap V., Sec. 3, especially pp. 124-136.

90 Civil Government of Nebraska.

IV.— THE COUNTY.
The question "Why do we have counties?"
probably would be most frequently answered by
saying that they are merely districts taken for
convenience. But, in truth, counties exist in Ne-
„„.„„„ braska because older states had this form.
REASON
couw- ^ne officers of the Territory so divided it
ties. £op a sjmjiar reason. It appears that orig
inally in England a county, or shire, was not one of
the divisions of a state, as now, but it existed under
another name before the kingdom was formed.
It was an "isolated tribal state" of the old Saxons.
Small kingdoms were first formed by the union of
these tribal units. A long period of conflict and
growth resulted in larger groups, until at last all
the small states were banded together under one
name. " Scholars are now agreed that the first
English shires were merely the old tribal states,
each bearing a new and common name. As if in
recognition of their nationality, of their equal
rank and power, each of the latter was called a
shire or share of the new commonwealth."1 Offi
cers and assemblies belonging to the several dis
tricts before their union, have been changed little by
antiq- little, until now there are left only a few
uity. traces of their original character. The
course of this development has beenlong,commenc-

1 G. E. Howard, Introd. to Local Const. Hist, of U. S., I., 299.

The County. 91
ing far back in the time of early England. A
careful study on this subject must be made else
where.1 There is barely room in this book to no
tice what the old shire has developed into. After
being transplanted into the colonies, the county
system has been adopted all over the United
States with the progress of settlements westward.
Two distinct forms of organization have
THEtwo resulted, known as the commissioner svs-
COUNTY, \
sys- leni and the superuisor system. In the
first form, the main feature is a board com
posed of commissioners, elected in districts of
the county, each for a term of three years. The
other plan is to have the county divided into town
ships, in each of which a supervisor is elected.
Each supervisor represents his town in the county
board, which thus becomes a representative as
sembly instead of a committee. The laws of Ne
braska permit a county to adopt either of these
forms.2 In this State the board of county commissioners
is intrusted with all the important business
interests of the people, such as roads and

1G. E. Howard. Local Const. Hist., I. 289-473.
John Fiske, Civil Govt, of V. S., Chap, lit., pp. 48-95.
Jesse Maey, Our Government, Chop. II., 13-19.
2"The first type prevails in the greet majority of states and territo
ries, and * * * has descended in diiect line from the colonial la ws of
Pennsylvania through those of the Northwest Territory, Ohio, Indiana,
and Illinois, — to be variously modified by the legislation of recent times.
The second type exists in a small group of states:" New York, .Michi
gan, and Wisconsin; Illinois since 1849 ; Nebi aska since 1883. It began
by a law of the New York Assembly in 1703. Howard, Local Const,
Hst., I., 438-9.

92 Civil Government of Nebraska.
bridges, support of the poor, and taxation. 1
COMHIIS- county is a corporation and the board e
SYSTEM f°r ^ in every instance. Officers at
county seat, or capital, cannot easily reach ei
neighborhood, and for that reason it is p
of the vided that they shall divide the county i
BOARD. ...
convenient districts. What could be m
natural than that the board should make use of
geographical township for these divisions cal
pre- precincts? This is what is usually do
Tn sparsely settled places a precinct n
be made up of four townships, or it may e-
be smaller than a township where the populat
is dense. But in general it corresponds to
geographical township. The precincts are
legal persons at all. They are merely units
the transaction of local business. They do
even have meetings such as a school district 1
They are necessary on account of the large a
included in a county, some districts being far
moved from the seat of government. The anci
assembly of the shire, the scir gemot, would be :
possible now. In county elections the voters c
precinct cast their ballots at a place in
precinct designated by the county board, fr
which the ballots are sent to the countv seat.
pre- the same time that county officers
offi-T elected, the people of a precinct cho
minor officers, whose duties lie wholly
their own district. Such are two justices of 1
peace, two constables, three judges and t

The County. 93
clerks of election, and one assessor. Justices
road of the peace and constables hold office for
DIS
TRICT, two years, but the others for one. There
are usually four road districts in a precinct, for
com- each of which an overseer of the hisrh-
mis- =>
dis?EB waJ 1S cnosen- The precincts are grouped
TRiCTS-together to form commissioner districts,
which elect a commissioner every three years.1
Although the power of the commissioners is
quite extensive, there are many things that they
cannot attend to. Other officers, county judge,
sheriff, coroner, treasurer, clerk, survey-
offi- or, and county superintendent, share the
work. Their powers and duties may be
briefly summarized as follows: the judge may
hear cases that are ordinarily tried before the jus
tice of the peace, and civil cases not involving
over $1,000 that may come before the district
their court. His is the probate court, which
duties. kag 6Xclusive right to try cases concern
ing wills, property of deceased persons, and guar
dianship of minors, insane persons and idiots. The
sheriff executes the orders of the courts and arrests
violators of the law. Perhaps it is not necessary
to specify the duties of treasurer, clerk and sur
veyor, but those of the coroner are somewhat pe-

lln Nebraska one or two counties only have five commissioners.
There are as many districts as there are officers of this kind to elect, the
elections being so arranged that not a.ll a.re chosen in one year. In thi
case of three districts, one election occurs each year, but in a different
district. Where the population of the county is from 70,000 to 125,000,
the commissioners are elected by a vote of the entire county. Otherwise
they are voted for only by the electors of the district from which they
come. Consol. Statutes, 1891, § 898.

91 Civil Government of Nebraska.
culiar. As the person who investigates all cases of
death, presumed to be by unlawful means, by hold
ing a coroner's inquest, he is the survival of the
old " crowner," whose business was to inquire into
wreckage, destructive fires, and sudden deaths.
The county superintendent, of course, has charge
of the school work. His duties embrace exami
nation of persons wishing to teach, laying out
boundaries of school districts, and visiting every
school in the county at least once a year. He is
subject to the rules of the state superintendent.
The schools of a city are not under his super
vision. On the other hand, if a county adopts the su
pervisor system, or toicnship organization as it is
...pFRw, called, the scope of the county govern-
SOR ment is much more limited. The inter-
ryr.TCM est of the people is more closely drawn to
local affairs. Precincts are only districts of the
county, and the power is all at the county seat.
Such a government is said to be centralized. In
the other form, the county is divided into
TOWNS. j
toicns or townships. Here, as in the case of
the precincts, the geographical division of six
miles square is largely followed. Every one of
these towns is a corporation, with a special name.
Every city of over G,000 inhabitants constitutes a

lThe word town is commonly used in the west for a small village,
but there are numerous uses besides. (See Webster's International
Dictionary or Century Dictionary.) It is used hereto mean only the
township under the supervisor system. This is the meaning of the
word iu the Consol. statutes of Scbraska, 1891, and prevails altogether
in Ne-u England. See etymology of the word.

The County. 95
separate town. The voters hold an annual town
meeting on the first Tuesday in April, and spe
cial meetings when called. Much of the work
done by the commissioners is disposed of under
the other system by the citizens at their, annual
meeting, such as supervision of roads and
bridges. Even in the case of township organiza
tion, however, the county bears the expense of
costly bridges. At the annual meeting the citi
zens tax themselves for all the necessary pur
poses of self-government, and elect their officers,1
super- the most important of whom is the supervi-
visor. gor_ rp^Q cier]^ justice of the peace and su
pervisor constitute the town board, which meets
three times each year to examine the accounts of the
town town. The supervisors of all towns com-
board. pQge ^e oounty board, so called whether
made up of commissioners or of supervisors.
The county board meets semi-annually, two-thirds
of the number constituting a quorum. The repre
sentation of the towns in the county board is a
revival of a right which the tunscipe, or township
of Anglo-Saxon times, had in the shire.
SUGGESTIVE TOPICS AND QUESTIONS.
1. Derivations and meanings: Shire, precinct, probate,
town. 2. Is township organization successful? What points of
disadvantage?

1 Town clerk, town treasurer, three judges and two clerks of elec
tion, assessor, one overseer of highways for each road difitrict, with an
nual terms. Two justices of peace and two constables, with terms of
two years. In cities and villages, one additional supervisor for every
4,000 Inhabitants.

96 Civil Government of Nebraska.

V— THE STATE.
The -citizen of the school district is not only a
member of the precinct and county, or of the
township and county, as the case may be, but he
also belongs .to the greater corporation called the
peace State of Nebraska. The number of dis-
crri- tricts1 to which he belongs, one within the
other, is confusing. Nevertheless it is his
duty to know what his place is within the Com
monwealth and the Nation. According to the
democratic theory, in which American es-
theory
of dem- pecially believe, the rights which kings
ocracy.1 j > & &
and emperors have, belong to the people
themselves. In a little democracy where the
people all meet to discuss their affairs, there
is no need of any representatives. But here it is
manifestly impossible to get along without them.
Although the powers of government belong to
the voters, they may be delegated to a fewer

i(l) Road Districts.
(2) School District.
(3) Town.
(4) Commissioner District.
(5) County.
(6) Representative District.
(7) Senatorial District.
(8) Judicial District.
(9) United States Land District.
[10) Congressional District.
(11) United States Judicial District.
(12) Circuit of U. S. Judicial System.

The State. 97
number to exercise. This explains why voters
gatioh d° n°t make laws, while they pos-
ers.°W" sess the power. The first step in build
ing a state is to adopt a written statement of
principles and form of government. Not only
is such a document drawn up by men
adop
tion of elected for this particular purpose, but
stitu- -when it is completed the people them
selves adopt or reject it. Sometimes
a state repeats this process several times before
it is satisfied. Such a writing not only out
lines the system, showing what officers there
shall be and of how many members the legisla
ture shall be composed, but it also prescribes
minutely how each part shall be organized, and
how each officer shall perform his duty, and reg
ulates very carefully the manner of making
laws. With this to be followed, the people may
safely intrust the public interest to chosen men,
only providing penalties for a betrayal of the
trust. It may be well to notice a very interesting
fact before beginning a study of the constitution
of Nebraska. The earliest written constitutions
s"tatu- contained only the most general state-
eawih ment of principles.1 They did not go be-
T°NSTI"yond the limits of what is termed "consti-
tions. 4.utjonaj_" ;gut gradually there crept into
them more and more of matters formerly left to
legislatures. This means that the people wish to

f On written constitutions, see John Fiske, Civ. Govt., 187-196.
7

98 Civil Government of Nebraska.
put many important subjects of legislation beyond
the reach of the legislature. Constitutions,
containing the supreme law in a state, have now
come to be very long, some of them covering
scores of pages in the statute books.
I.— CONSTITUTIONAL STUDIES: THE FRAME OF
GOVERNMENT.
[In Appendix I., at the end of this book, the constitution
of Nebraska is to be found. It is jilaced there to use. The
following topics are intended to aid the student in studying
its provisions. The language of that instrument is plain,
and a student will seldom fail to understand it, as far as his
vocabulary goes. Certainly there are words to study, but
that is just what every scholar does all his life. Webster's
International Dictionary, or some other complete work of
the kind, should be within reach. Notes are added, explain
ing some of the more difficult points. No attempt has been
made to repeat what there is in the constitution. The judg-
mentof theteachershould decidetheamount to be discussed
at a lesson, for not only are the topics of different impor
tance, but the recitation period varies in different schools.]
A. — Personal Eights Guaranteed by the Con
stitution.1 Art. I.
1. Inherent Eights. Art. I, §§ 1, 26.
2. Object of Government. § 1.
3. Slavery. § 2.
4. Freedom of Conscience. § 4.
5. Freedom of Speech and of the Press. § 5.
6. Trials by Jury. §§ 6, 10-13.
7. Search and Seizure. S 7.

1 The idea of putting a Bill of Rights into a constitution has de
scended to newer states from the original thirteen. It is largely a
statement of the rights denied to the colooists by Great Britain.

The State. 99
8. Habeas Corpus.1 § 8.
9. Bail, Fines, and punishments. § 9.
10. Treason. § 14.
11. Penalties: Corruption of Blood; Forfeit
ure; Transportation? § 15.
12. Relation of Military and Civil power. §§
17, 18.
13. Right to Assemble. § 19.
14. Right of Petition. § 19.
15. Penalty for Debt. § 20.
16. Right of Property.3 ' §§ 21, 25, 3.
17. Right to Vote: Franchise. § 22.
18. Right of Appeal, Error/ etc. § 24.
B. — Distribution of Powers. Art. II.
C. — Legislature. Art. III.
1. Number of Houses. § 1.

l A writ is in the form of a letter stamped with an official seal. It
is addressed by a court to a person, commanding something to be done
or not to be done. Habeais Corpus means "you may have the body."
The writ of this name is directed to an officer in whose charge a person
is, bringing the prisoner before a certain court, in order to test the legal
ity of his imprisonment.
2These three are old English penalties. Formerly, in case of high
crimes, not only was the offender punished, but his deseendents also.
The taint that once attached to an offender for the com mission of a fel
ony in England, deprived him and his deseendents of the right to inherit
and transmit property. This taint is called corruption ot blood. A
forfeiture was the pennlty by which the state deprived one of his prop
erty. Transportation suggests the Russian exile system, by which po
litical prisoners are banished far into the interior of Siberia. Such a
penalty is entirely foreign to the Rpiritof American institutions.
^ 3 The right of the government tp appropriate the property of a cit
izen for public use is called the right of Eminent Domain.
¦(Section 23, Article ]., secures a right of some importanee. Tbe
word error refers to mistakes in judicial proceedings, that would
take away some right from the person being tried. A writ of error is
sues from a court of review to a lower court, r-ommanding a case to be
brought before the court of review. The writ of error is a personal right
guaranteed by the constitution, like other personal rights.

100 Civil Government of Nebraska.
2. Census and Apportionment. § 2.
3. Membership and Organization of each
House: —
Number of members. § 3. See p. 64.
Term. § 4.
Pay. §§4,16.
Qualifications. §§ 5-6, 13.
Commencement of session. § 7.
Quorum. § 7.
Rules of each house. § 7.
Officers. § 7.
Keeping a journal. § 8.
Adjournment. § 8 ; Art. V., § 9.
Privileges. §§ 12, 23.
Regular and extra sessions. § 3; Art.
V„ §8.
4. Law-Making : —
Origin of bills. § 9.
Enacting clause. § 10.
Separate readings. §11-
5. Committee of the whole1 : —
Subject matter of a bill. §11.
Signing of bills by officers. § 11.
Veto. Art. Y., § 15.
Voting. § 8.

1 Committee of the whole: A name given to the whole senate, or
house of representatives, acting as a committee. By this means the
members secure more freedom in disi-ussion, not being subject to the
same rules as under the moreformal organization, When a house"goes
into committee of the whole," the presiding efflcer names a chairman.
Upon arising the committee can onlv recommend, like any other com
mittee; but because all members took part, a house usually adopts the
report.

The State. 101
6. Powers of the Legislature and of each
House. §§ 7, 9, 14; Art. V, § 4.
7. Prohibitions upon Legislation. §§ 15,
18,21; Art. I., 16.1
8. Appropriation Bills. §§ 19, 22.
9. When are Laws in Force? § 24.
10. Publication of Laws. § 24.
D. — Executive. Art. V.
1. Term. § 1.
2. Qualifications. §§ 2, 3, 25.
3. Election returns. § 4.
4. Governor : —
Powers and duties. §§ 6-15, 20; Art.
VI, § 21.
Succession to office in case of vacancy.
§§16,18.
5. Lieutenant Governor. §§ 16, 17.
6. Board of Public Lands and Buildings.
§ 19.
7. Reports and Accounts of Minor Officers.
§§21,22.
8. Seal of the State : In whose keeping ?
§ 23.
9. Salaries. § 24.
E. — Judiciaby. Art. VI.
1. Supreme Court: —
Number, term, qualification, etc., of
judges. §§ 2-7, 13, 14.
Reporter, state librarian. § 8.
Jurisdiction.2 § 2.
lAn ex-post-f&cto law is one made to apply to cases arising befor*
Its enactment. 2 Original jurisdiction in a case is the power to hear and determine
it from the beginning.

102 Civil Government of Nebraska.
2. District Court: —
Districts. §§ 10, 11.
Number, term, etc., of judges. §§ 11,
14.
Jurisdiction : what cases can it try? § 9.1
3. County Court : —
Term, etc., of judge. § 15.
Nature and jurisdiction of the court;
special jurisdiction. § 16. See
above, p. 93.
4. Justice of the Peace, and Police Magis
trates. § 18.
5. Appeals. § 17.
6. General Provisions.2 §§ 17, 19, 22, 23.
As the State grows in wealth and numbers,
changes in the laws are required. Not only do
demands for legislation arise from this cause and
from special circumstances in the State, but a
LEGIS- spirit of improvement revises old ideas
LATION. and calls for new and better things. Such
a change was made by the Australian ballot law
enacted in 1891, a reform measure adopted largely
throughout the United States. Between real ne
cessity for legislation and schemes of members
who have axes to grind, the time of the legisla
ture is fully occupied. It is fair to say that the
work is seriously done, on the whole. Yet there

^Chancery, from English Chancellor, a judicial officer. Chancery
means the same as equity. Cl. Consol. Statutes, li>91, § 4538.
2The Board of Transportation constitutes a sort of court. It is
composed of attorney general, secretary of state, auditor, treasurer,
commissioner of public land* and buildings, assisted by three secre
taries. Consol. Statutes, 1831, §§ ">!I7 ff.

The State. 103
are several points in which the work might be
criticised. A common feature of politics in the
lobby- legislature is lobbying. Bills rarely pass
log- both houses of the legislature on their
kOLL- . °
ing. merits alone, but are engineered through
by the skill of some interested person or persons.
Log-rolling also largely prevails, a term applied
to trading votes, where A agrees to vote for a bill
iu which B is interested, if B will support a
measure for which A is working.
The growth of the importance of committees in
law-making is more noticeable, perhaps, in Con-
woek gress than in the state legislatures, yet
mit- "it is coming to be a great feature of
them also.
Students have learned from the constitution1
that a census of the inhabitants may be made
every ten years, heginning with 1885, and that
after these enumerations, as well as after each
Federal census, the members of the legis-
tion- lature may be apportioned among the
counties. The thirty-three senators and
one hundred representatives are elected from
these districts. Their arrangement is subject to
frequent change and need not be dealt with in
detail. It is a general fact of much interest,
that with these and with the congressional dis-
gekry- tricts, most of the gerrymandering oc-
dering curs.2 This kind of fraud consists in
a careful arrangement of districts, in such a
) Art. III. § 2.
SFiske, Civ. Gov., .'16.

104 Civil Government of Nebraska.
way as to give the dominant political party the
advantage. Instead of districts of uniform shape,
form is not considered at all. By a republican
legislature, a democratic precinct, city, or county
is frequently placed in a district in such a way
that its majority is counterbalanced by other
votes. Formerly this device was not much
opposed, either party practicing it when opportu
nity offered. Lately, however, people are discuss
ing the subject and apportionments are care
fully watched.
The governor is not to the state what the presi
dent is to the United States. The latter is really
THE EX- ^e h680! °f hi8 department. Secretary of
ECUTIVE. state, secretary of treasury, etc., are sub
ordinates to him. Not so with the governor. In
stead of the head, he is merely a portion of the
executive department. His co-workers
POSI- tion are elected along with him, and owe him
OP THE
gov- nothing:, except as the law prescribes.
ERNOB. to' r r
Nevertheless the governor represents the
State in its dealings with other states. Much of
the executive work is now performed by bodies
that are really permanent committees. The board
of public lands and buildings1 is as important as
any of these bodies, having, in fact, general su-
state pervision and control of all the public
boards \anc\s an(j buildings in the State, except
those devoted to educational purposes. Hardly
less important, is the state board of equalization,

l Constitution, Art. v., § 19.

The State. 105
connected with the revenue system.1 On account
of the importance of the railroads in commerce,
the board of transportation2 may be named along
with those already given. Also may be mentioned
the board of school lands and buildings,3 the board
of health,* and the state printing board.6
Each of the district judges is allotted to a dis
trict, as in the case of the members of the legisla-
THE JU- *ure. Nearly every one of these divisions
DICIARY. have several counties, and its judge holds
court at stated times in every county compre-
DIS_ hended within its limits. The grouping
tbicts.0£ couaties for this purpose is temporary,
but the last apportionment (1891) is given in Map
VI., p. 106, to illustrate all such arrangements.
The subject of the courts and what they do is
a large one. It is short to say that the judges in
terpret the laws which the legislature makes, but
there is not space enough in this book to mention
char- the subjects of discussion connected with
acter. ^g department. It is important to know
that this is the most reliable and permanent part
of the state organism. It changes least and is
made up of the most able men.
SUGGESTIVE TOPICS AND QUESTIONS.
1. Why are bills relating to finance allowed to originate
only in the house of representatives?
1 Below, p. 109.
2 See p. 102, note 2.
sconstitntion. Art. V., § 1.
4 Governor, Attorney General, and Supt. of Pnb. Inst,
5 Auditor, Treasurer, Sec. of State.

i

i
:

15

V

;"-  : \
• ; j
»._±£\
j
„ f
.u \
— ¦ — i
'
¦ ii
13
*1
» ***
12
6:
k4\
JUDICIAL
DISTRICTS,
LAW OF I89J.
0
2 \
.; H
10
7
¦ i  ::  S
The State. 107
2. How do senatorial and representative districts com
pare in size?
3. Are bills of rights needed now in state constitutions'?
4. What benefits arise from a separationof bhe functions
of government into three departments?
5. (jive instances where one department ha« powers be
longing- to another. See constitution, Art. III., § 14; Art.
V., §15.
(>. Wha.t is a sea 1 of sta te for ?
7. Has there been any geirymandeiing in Nebraska?
8. Is the tendency now to enlarge or to decrease the num
ber of officers in the State?
9. Is the tendency to collect the powers into the hands of
fewer officers, or to separate anil specialize the duties?
10. May a district judge hold court out of his own district?
II.— TAXATION.
In the administration of government there re
main three subjects of great interest. The one
of these that most closely concerns the citizens of
the state, is taxation. In the mind of the ordi
nary citizen the process by which he is taxed is
vague and far away, except the terrible reality of
taxes. The system in Nebraska, at least, is not
complicated, and may be easily understood by
giving the subject a little attention. The main
idea involved is a simple problem in percentage.
The people of the State have property, a certain
tax is fractional part of which may be taken each
oej?-B" year ^o defray the expenses of government.
tage. Certain officers of each State, county
and lower division estimate the amount that will
be needed for the next year. The problem is sim
ply this: Given the amount from which to raise
the tax and the amount of tax needed; to find
the rate. Divide the percentage by the base, and
the result is the rate of taxation for the next year.

108 Civil Government of Nebraska.
The manner of finding each item, however, may
not be clear. What kinds of property may be
taxed, and how does the State know the amount of
TAXA- ^? ^n regard to the first question, the
prop- laws of the State name four kinds. First,
all real and personal property; second, all
moneys, credits, bonds, or stocks, and other in
vestments, the shares of stock of companies and
associations and all other personal property, in
cluding property on the way to or from this State,
if the owner lives in Nebraska; third, the shares
of bank stock, if the banks are doing business in
this State; fourth, the capital stock of companies
organized under the laws of Nebraska. The proc-
valua- ess or- valuation begins with the assessor
hon. Q£ gg^h precinct or township. The first
step is the annual meeting of the assessors of the
county at the office of the county clerk, on the
asses- third Tuesday of March. The purpose
SOB- is to fix the value of the various kinds
of property to be assessed. The blanks which
the assessor of a precinct or township uses
are provided by the auditor of public accounts.
They pass through the hands of the county clerk,
who fills in the lists of lands and lots to be as
sessed. The assessor visits every part of his dis
trict between April 1st and June 1st, and values
boards all taxable property of each person. The
equal- books are returned to the county clerk,
IZA-tiobt. an(j in tbe early part of June the county
board hold a meeting, at which they review

Tbe State. 109
the work of the assessors. The board is said
to sit as a board of equalization at this time,
because it equalizes the values in the several dis
tricts. In metropolitan cities and cities of the
first class, the council sits as a board of equaliza
tion. Those who think their lands valued too
high may complain to the county board, or city
council, while it is sitting as such a board. In
this manner the valuation of the property in a
county is corrected, and justice is done to all, as
nearly as possible. These boards fix the rates for
the county and for the city.
Not only is this equalization made in each
county, but the governor, auditor and treasurer
form a board to adjust the values in the
state jL
board State as a whole. They examine the var-
iza^AI"^0US county assessments, and if it appears
TI0N- to them that the valuation has not been
made with reasonable uniformity in different
counties, they adjust matters by varying the rate
of taxation, instead of changing the values of
property. This state board of equalization, hav
ing before it the valuation of taxable property in
the state, proceeds to find the rate for the several
state amounts to be raised. There is the gen.
funds. erai gtate tax, the sinking fund tax, and
the school tax. Each of these or any other spe
cial fund to be raised, is divided by the whole
valuation to find the rate. After the state and
countv boards have made all adjustments and the
rate has been fixed, each county clerk makes out

110 Civil Government of Nebraska.
another list of the amounts due from every piece of
taxable property, and delivers the list to the county
treasurer, formally commanding him to
tion of' collect them. The law provides, however,
TAXES. L
that "no demand for taxes shall be nec
essary, but it shall be the duty of every person
subject to taxation under the laws of the State to
attend at the treasurer's office at the county seat
and pay his taxes." In cities, the municipal
taxes are paid into the city treasury. State
funds are paid into the county treasury. All the
county and state taxes are added and the
idated result is called the "consolidated tax."
TAX. It even contains local levies for school pur
poses. Thus all the money for taxes, except in
cities, comes into the county treasury, from which
it is sent either to the state treasury or to the dis
trict for which it was collected.1
1 Example of taxes in Nebraska for one year. A resident of Bennet
had state, counly, and village assessments. The city levy waa.-paid by
residents of Lioiooln, besides couuty and state taxes.
STATE LEVY. Mills. ' VILLAGE LEVY. Mills.
General Fund  5.00 Bennet  111.
Sinking Fund  0.125 Firth  10.
School Fnnd  0 5 Hickman..'.  5.
University Fund  0.37a Roca  10.
Inat. Feeble-Minded Fnnd  0.125 University Place  10.
State Kelief Fund  0.125 West Lincoln  10.
 Waverly  Is,
6.25 Bethany Heights  10.
COUNTY LEVY. Capital anil Miriand Free  10.
General Fund  7.2 CITY LEVY.
Koad Fund  2.3 Interest and Coupon  5.
Bridge Fund  2.S Water  I.
Sinking Fund  4 2 Police  0.3
Insane Fund  0.9 Library  0.75
Soldiers' Kelief Fund  0.3 School  5.
 Fire  0.4
17.7 General  10.
Sewer  2.
Water-Emergency  4.3
Judgment  1.5
Road  7.
Storm Water Sew'r J'dgm'nt. 5.26
Sinking Fund, Road Purposes 2.5
45.

The State. Ill
Besides these general taxes, there are other
special assessments. Every male inhabitant of
each road district between twenty-:one and fifty
years of age, is subject to pay a labor tax
cial of three dollars, which may be paid in cash
TAXES or by work. It is called more commonly a
poll tax. A village or city tax of the same kind
takes the place of this road tax. In cities, espe
cially, the number of different taxes multiply rap
idly. Inhabitants of particular districts may be
assessed for building and repairing sidewalks, for
sanitary purposes, or for sprinkling the streets.
tI_ Other charges are made under the name
ce;tses.0i licenses. These are usually levied to
regulate some class of business, such as the sale of
liquors. They are imposed not to raise money, pri
marily, but to regulate the sale of intoxicating
drinks. So with the dog tax in cities. It is not to
raise money,but to make owners responsible for the
damage dogs may do. A tax upon peddlers ap
pears to be levied, not so much for regulating the
business, or for raising raoney, as to insure the
fact that the peddler shall pay a tax somewhere in
the State. All peqple who enjoy any of the pro
tection and benefits of the State government,
should aid in defraying its expenses.
There is always an effort on the part of the per
son whose property is being assessed, to have the
value of his property placed as low as possible.
The assessors, in turn, have generally estimated
the value very low, and the result is that value of

112 Civil Government of Nebraska.
taxable property in the State has been much less
than it should, and the rate of taxation much
higher. Nothing at all is gained by such low
estimates, and a great deal is lost, for capital is
prevented from coming into the State on account
of the high rate.
SUGGESTIVE TOPICS AND QUESTIONS.
1. What advantages or disadvantages in a low valua
tion? 2. Is there any moral question involved in using saloon
money for school purposes?
3. What power regarding revenue did the Continental
Congress have? What result?
4. Problem : Valuation of property in a school district
$18,000.00: money to be raised for a school building
$540.00. Find the'rate of the levy.
III.— ELECTIONS.'
The American people pride themselves upon
the right to vote, for it is the power by which
they govern themselves. The system by which
elect- the voters, or electors, of the State exercise
ORS- this right in choosing their officers should
be thoroughly understood by every citizen. The
first inquiry is, "Who are these electors?" as they
are called in the statutes. The constitution
fully answers this, and students may refer to that
document.2 The legislature has completed the
first paragraph of Section 1, Article VII., by mak
ing it read, " in the county forty days, and in the
precinct, township, or ward, ten days."3 There is
no separate residence qualification for cities, ex-

i Consol. Statutes, 1891, §§ 1082-1778.
2 Article VII.
iConsol. Statutes, 1891, § 1584.

The State. 113
cept for those of the first class, having more than
25,000 inhabitants. Here a voter must have re
sided three moiuhs. A clause of the Federal con-
citi- stitution provides that all persons born
ZENS- and naturalized in the United States and
subject to its jurisdiction, are citizens • of the
United States and of the state in which thev re
side. The constitution of Nebraska provides that
persons of a foreign birth who, thirty days before
an election, shall have declared their intention to
become citizens, may be voters. This
ALIENS. 'J
means that they shall have taken the first
step in naturalization thirty days beforehand.
The first step of a foreigner in acquiring citizen
ship is an application, in which he not only af
firms that he washes to become a citizen of the
United States, but that he renounces all allegiance
to the government to which he previously be
longed. Criminals, persons of unsound mind, and
those belonging to the army and navy of
not the United States are not entitled to vote.
VOTERS The reasons are evident, at least in the
case of the first two classes. It is clear, too, in
regard to those in the employ of the United States,
that if they could vote in any state where they
happened to be, there would be a strong tempta
tion for the authorities to place the soldiers where
their votes would be most needed. Minors, or
those under twenty-one years of age, are not per
mitted to vote, for reasons unnecessary to give.
8

114 Civil Government of Nebraska.
Except in school matters, women, in Nebraska,
have not yet obtained the franchise.
The next question that presents itself to the
mind of the student is, "For whom do electors
vote?" May a voter cast his ballot for anyone to
candi- 'nU a certain position ? Nothing prevents
dates. kjm from so doing, but a regular process
is prescribed in order that voting may be more
orderly. Nominations for office are made (1) by
convention or primary meeting, and (2) sometimes
two by petition. The latter is a statement, or
WG*^oM-ceTtincate 0f nomination, signed by voters.
" Five hundred are required if the office con
cerns all the voters of the State. For a county or
smaller district, only fifty are required. A conven
tion or primary meeting is any "organized assem
blage of voters or delegates " that represents some
political party. The system of party nominations
varies somewhat according to the needs of the
party, but the general plan is as follows: Each
particular district has a central committee. Chief
in the State is the state central committee. When
there is need for a state convention, this body is
sues a call to similar organizations in the counties.
Each of these iu turn brings together the com
mittee of every ward. Arrangements are then
ward made for a ward caucus of the party voters,
CAUCUS'which nominates delegates for a county
convention, to be voted for at the party primaries.
These are elections in which, according to law,
only the members of the party may vote whose

The State. 115
delegates are to be chosen. County conventions,
party thus formed from elected delegates,
Tt*p TWT A -
ries. place men in nomination for county
offices, or, in other words, make out the ticket for
the the county. At the same time delegates
ticket. are eiectecl to go to the state convention.
Such a body, representing the party of the State,
sends men to the national party convention. The
business of the inter-state body is to choose
presidential candidates for the party, and to
make a party platform. There are also
ious conventions in the several representative,
CON- ..... . .
tions senatorial, judicial, and congressional dis
tricts, consisting of delegates elected at
the county meeting. Altogether the system is by
no means simple, and the parties do not always
go through the formalities.
The questions that now remain to be answered
are mainly concerned with the conduct of voters
and the system of recording the election returns.
In cities of more than 2,500 inhabitants
REGIS-
tea- there is a registration law in force, requir
ing voters to register on certain, days be
fore election. Three supervisors of registration
are appointed by the council for each election dis
trict in a city.1 On one of the registration days2
i Qualifications of supervisors are stated somewhat minutely in the
law. The three must be of at least two political parties; citizens of good
character and voters of the precinct in which they serve; able to read,
write, and speak the English language intelligently; and not candidates
for any office concerned in the election in which they are supervisors.
2" Tuesday four weeks, the Wednesday af the third T .u, the Thurs
day of the second week, and the Friday and Saturday of the first week
preceding the day of the November election of each year,"

116 Civil Government of Nebraska.
a voter should have his name, place of residence,
date and place of birth, citizenship, etc., recorded.
Otherwise, on election day he must get a certificate
of citizenship from the city clerk and have it
signed by two freeholders of the district in which
he lives. Except in cities, registration is not
necessary. Up to a recent date voting has been open to
such endless frauds that even with great care an
„ _ honest election was not often secured.
OLD
tion" Scenes at elections under the old law are
lAW- still fresh in the minds of Nebraskans:
challengers at the window on either side of a long
line of voters, each awaiting his turn to cast a bal
lot; ticket peddlers by the score; electioneering on
every hand, and withal an atmosphere suggesting
the opposite of order, square dealing, and good
citizenship. Election carousals are a thing of the
past. By the new ballot law of 1891, a marvelous
change has come over the character of election
day. Now electioneering must not be car-
AUS- tra- ried on within one hundred feet of the
ballot election place. Saloons are closed. The
LAW. r
ballot box is removed from the window
to a room fitted out with compartments, stalls or
booths. Each of these is supplied with desk, pens,
and ink, and so arranged that the voter may not
be watched as he marks his ballot. A rail encloses
the writing compartments, so that no one outside
of it can come within twelve feet of them.1 The

lSix feet in country districts on account of small rooms.

The State. 117
number of voters in each election district is re
stricted to three hundred, and one booth is re
quired for every fifty.
In each precinct three judges and two clerks of
election are chosen, and in cities where regis
tration is required, two additional judges. The
judges designate two of their number to hand
ballots to the voters. Every ballot must be signed
by two judges before it is handed out. Two kinds
of ballots are required to be printed. Sample
ballots are made and given out six davsbe-
KINDS or bal- fore election, so that any one may see that
they are correct. They must be on green
or red paper, not on white. Official ballots, on the
other hand, are only on white paper, and no one
but the county clerk may print them. They
must be ready in his office at least four days be
fore election. The number of ballots that are sent
to each voting place is recorded, and when the
ballots are returned after election, there must
be the same number. A voter has no ballot be
fore he is given' one by a judge, and under
no circumstances is he permitted to take one
from the room. Upon receiving it he goes to one
mars- °^ the unoccupied booths and there marks
abal- an X opposite the name of candidates
r,OT' for whom he wishes to vote. If a ballot is
spoiled he may have as many as four, but each
must be returned to the judges before another is
received. The names of candidates are arranged al
phabetically under each office, like the following:

118 Civil Government of Nebraska.

FOE COUNTY TREASURER.

VOTE FOR ONE.

(Mr. A.)

Independent |

(Mr. B.)

Prohibition |

(Mr. C.)

Democrat f

(Mr. D.)

Republican |

...

FOR SHERIFF.

VOTE FOR ONE.

(Mr. A.)

Prohibition |

(Mr. B.)

Republican |

(Mr. C.)

Democrat |

(Mr. D.)

Independent |

1

When the voter has completed the marking, he
must fold the ballot so that nothing shall appear
on the outside except the signature of the judges.
Every precaution is thus taken to secure se
crecy in voting. After the polls are closed the
first thing the judges are required to do is to
compare the poll books and correct mistakes until
count- th° books agree. Then the ballot boxes
the are opened and the ballots counted with
out being unfolded. In case the number
of ballots exceeds the number of persons voting,
the ballots are put back into the box, shaken up,
and enough drawn out to make tlie number
of voters and ballots the same. The canvass must
be public. The several kinds of ballots are made
into separate packages and sealed, each being
marked "ballots cast," "ballots rejected," or
"spoiled and unused ballots." And all are sent to
the county clerk, who makes within six days
an abstract or complete statement of the vote

The State. 119
from all the precincts. The votes for most of the
state officers1 are canvassed by the legislature, but
those cast for presidential electors are counted by
a state board of canvassers,2 consisting of gover
nor, secretary, auditor, treasurer, and attorney
general. In case of a tie in the number of votes
for an officer of a county or some smaller district,
the two parties involved decide the matter by
drawing lots at the county court house.
SUGGESTIVE TOPICS AND QUESTIONS.
1. Derivation and meaning of alien, franchise, caucus,
precinct, canvass.
2. Origin of Australian Ballot system: Review of Re
views, III., 609, July, 1891.
3. Should the ri^ht to vote be restricted by requiring
an educational test?
4. Is there any property qualification for voters in the
United States?
5. What is residence"! If one's business is in a different
precinct or ward from his family, where does he vote? May
a state or county officer vote where he resides temporarily
two years on accouut of his office?
IV.— EDUCATION.
Mention has been made of the land set apart by
the organic law for the maintenance of the schools.
c,.T™nT The whole amount of land devoted to this
SCHOOL
lands. pUrpOSe is more than two and one-half
millions of acres.3 Two sections out of every

l Votes canvassed by legislature are those cast for governor, lieu
tenant governor, members of Congress, secretary of state, auditor ot
public accounts, state treasurer, state superintendent of public in
struction, attorney general, commissioner of public lands and build
ings, and district attorneys; also votes expressing choice of people for
United States Senator.
2State board canvasses votes for presidential electors, judges of
supreme and district courts, and regent of university.
3Number acres set apart in sections 16 and 36 in each township:
2.733,500.

120 Civil Government of Nebraska.
township in the State is a magnificent endowment
for the common schools. Likewise the State has
endowed its normal school and university.1 The
wealth thus set apart is never diminished, the in
terest only being used. When school lands are
leased, the rent forms a part of the fund. From
this source alone the revenue is not sufficient.
The districts tax themselves for local school pur-
other P°ses, according to the length of term,
orsuf - number of teachers, cost of school build-
PO T" ing, etc., desired.2 The State levies an
additional tax yearly for educational purposes,
but this may not exceed one and one-half mills.
Besides this there are various fines and licenses
that are paid into the general fund. Here are
four sources of revenue. It is natural to inquire
at this place how much this amounts to in a year.
cost of During the school year ending with July,
schools.1891j the total expenditure for the com
mon schools was over four million dollars, one-
half of which was paid to teachers.3
At the head of the school system is the state
superintendent, who is recognized as the leader in
the work and the interpreter of the school laws
of the State, and whose decision is authority,
unless reversed by the courts. Next below him
comes the county superintendent, who may be

1 Normal school, 12,804 acres.
University, 134,566 acres.
2 Limited to twenty-five mills on a dollar of valuation.
3Total expenditure, $4,12:1.799,04. Cost of hiring teachers, $2,116,.
668,58. Buildings, etc., $749,632.89.

The State. 121
said to be the manager of the county schools.
state His duties of laying out districts, visiting
county the schools, and holding institutes make
tend- ^m ^e center °^ that school system. Above
ents. the common schools are the two higher
institutions, the normal school and the university.
The first of these is mainly for the pur-
mal pose of fitting students to be teachers.1
SCHOOL, On the other hand, the state university
is intended to give a student the choice of many
courses, in order to fit him to be a useful citizen
uni- and servant of the State.2 The unitv of
VER- J
sity. the whole plan of free education is its im
portant feature. Every part is made to work
i State S'ormal School at Peru :—
1. — Superintended by board of education, consisting of state treasurer,
state superintendent, and five others appointed by the governor
for terms of five years each. Board elect president and secretary.
2. — Managed by a principal, who is responsible for the condition of the
school.
3. — Completion of common school course of study entitles a student to
a diploma good for two years. Completion of higher course of
study and a certain amount of teaching alter graduation entitles
a student to a life certificate.
4. — Tuition free.
estate University at Lincoln : —
1. — Governed by a board of regents. (See Constitution, Art. VIII., Sec.
10)
2.— Departments provided for:
(a) College of literature, science, and art.
{b) Industrial college, embracing agriculture, practical science,
civil engineering, and the mechanic arts.
(c) College of law.
(d) College of medieiue, only preparatory course having been
established. p
(e) College of fine arts.
3. — Tuition free and advantages opwn to alt without regard to sex or
color.
4. — Summer school for teachers is held.
5. — "University Extension" affords instruction to the public through
lectures.

"122 Civil Government of Nebraska.
in harmony with the rest. The university
and the normal school maybe called public schools
as well as the lower grades.
V.— PUBLIC INSTITUTIONS.
Not only does the State offer education gener
ously to its citizens, but it extends its protection
and care to the unfortunate. It is thus that the ne
cessity arises for what the law calls charitable and
care penal institutions. The blind are offered a
spe. home and free instruction at the Institute
class- for the Blind at Nebraska City. Here they
ES are taught the rudiments of an Euglish
education and music, and instruction is also given
in several trades, such as broom making, basket
making, piano tuning, etc. The deaf and dumb are
fast offered similar advantages at the institute
EDuci- at Omaha. The feeble-minded youth of
sys- the State are also offered a home and in-
TEM, struction at the institution located at Be
atrice. At all these institutions, which are as
purely educational as the university and normal
school, instruction is given in accordance with the
highest scientific authority. Not only is the
instruction free, but a good home is offered.
Furthermore when any of these wards are unable
to provide proper clothing or to pay railroad fare,
the authorities of the institutions are authorized to
provide for such cases and charge the same to the
county from which the ward comes.
The industrial or reform schools of the State —

The State. 123
the one for boys at Kearney and the one for girls
at Geneva — should also be classed as educational
institutions. Those children who refuse to receive
instruction offered at home, and who show by their
conduct that they are likely to become bad citi
zens, are sent by local authorities to these schools.
Here they are given an elementary educa-
obje T-^on in tne English branches and are taught
EAISS the useful trades, being treated in such a wav
STAND- J
abd op as usually to develop honor and industrv.
ship This is all done at the expense of the
State, for the purpose of raising the
standard of useful citizenship.
The purpose of the home for women at Milford,
and the home for the friendless at Lincoln, are
also in the line of raising the standard of morals
and adding to the ranks of good citizens. At the
latter institution, orphaned and friendless children
are received, cared for, and provided with good
homes. There is a growing idea that a penitentiary also
should be for reform, rather than for discipline.
IDEAOFBe that as it may, the influence upon the
ten-WI convicts of learning trades must result in
tiary. more or iegs education. It is even pro
posed to establish a school within the penitentiary.
Insane hospitals are too frequently mere places
of confinement. It is a benefit to the public to
have the State care for the insane, but it is char
ity to them to be treated as patients, not as con
victs.

124 Civil Government of Nebraska.
Although these public institutions canno\ be
sharply classified, yet a general analysis maj be
made as follows: —
(a) — Educational.
1. State Industrial or Beform Schools,
(1) for boys, at Kearney.
(2) for girls, at Geneva.
2. Institution for the Deaf and Dumb, at
Omaha.
3. Institution for Feeble-minded Youth, at
Beatrice.
4. Institution for the Blind, at Nebraska City.
(b) — Charitable.
1. Soldiers' and Sailors' Home, at Grand Is
land.
2. Milford Home for Women, at Milford.
3. Home for the Friendless, at Lincoln.
4. Insane Hospitals,
(1) at Lincoln.
(2) at Norfolk.
(3) at Hastings, for incurable insane.
(c) — Penal.
1. State Penitentiary, at Lincoln.

Federal Relations. 125

VI.— FEDEKAL EELATIONS.
The Federal government is almost a stranger
to the every day life of the people. The common
dealings of men have to do with the State.
POWERSof the Nevertheless the United States has ob-
u. s. tained some important rights under the
constitution which was adopted in 1788. Besides
the powers that belong to a government dealing
with other nations, powers necessary to its sup
port, such as taxation, are conferred upon it. No
insignificant amount of revenue is collected in
this State every year for the United States gov-
vernment.1 Usually the most manifest evidence
of the power of a nation is its military. The
power which a European nation shows to other
governments or to its own people, is an extensive
army and navy. This is not true of the United
States, which has relied very little on its army
and navy to retain its place among the nations
or its control over its own territory. How,
then, does the power of the United States appear
in Nebraska? Probably its ever-present author -

lDurinp,' the years from 1S*0 to 1S90 the following amounts of inter
nal revenue have been collected from Nebraska and Dakota, 1SS0-1SS3
beins from Nebraska alone, and the remainder coming' from Nebraska
and the two Dakotas. 1<W4  $1,515,810 4?. I ISvS  ¥-'.77V-'C.'i 3S
IMS.")  1,1171 ,-2.,».12 i 1SS11  2,24\C2l 111
15*6  1,074,(113.12 I ISilO  2,909,745.17
1SS7  -', 39:1,404.70 |

1SS0 ....

 S 91 2,734. SO

ISM.. ..

 9li2, 004.SH

1SS2 

 l,llis,191.15

1883 

 1,320,517.24

126 Civil Government of Nebraska.
ity is nowhere seen so well as in its courts. Not
FEDERAL on^J c^oes ^e State of Nebraska have a
COURTS, system of courts, but the Federal gov
ernment also maintains one or more courts in each
state. Nebraska is concerned with only one
of the nine circuits into which the states are
grouped.1 Every state in this eighth circuit except
three, forms one Federal judicial district, in which
a judge holds court. A circuit court is held in
each district by one of the two circuit judges
which are appointed. In his absence the district
judge may open circuit court and hear cases that
belong to it, at the same time that district court is
in session. Formerly there were only the three
courts of the United States with which a state was
concerned, the district, the circuit, and the supreme
court. Lately (1891) a new court has been estab
lished in each circuit, called the circuit court of
appeals. It is held at St. Louis for the eighth cir
cuit. Three judges compose this court. The
circuit justice, who is the United States supreme
court judge assigned to the eighth circuit, together
with the two circuit judges, may constitute
cuit the appeal court. If one or more of these
COURT lx
opaf- is away, a district judge may take his
place. Special district judges are desig
nated for this purpose. Before the establishment
of this new court, the decision of a circuit court

1 The eighth circuit now (1892) embraces Arkansas, Iowa, Missouri,
Colorado, Kansas, Minnesota, Nebraska, North Dakota, South Dakota,
Wyoming, Indian Territory, New Mexico, Oklahoma, and Utah.

, Federal Relations. 127
was final, except in cases involving over $5,-
000. Above this cases could be taken to the
supreme court. The new circuit court of appeals
has authority to hear any case that has
JURIS-dic- been tried in the lower courts of the
TXOTSt. United States, but cases involving more
than $5,000 may be carried to "Washington.
Among the Federal administrative officers in
Nebraska, the district attorney is the business
BnMINK- ar?ent of the Nation. In any matter aris-
TRATiVE ing in connection with mail, revenue or
U5> commerce, he represents the central gov
ernment and acts for it in all suits. In any
case concerning the amount of duty on imports
s or concerning national banks, the district
attcir- attorney is counsel for the United States.
ney. The post office, which involves a great
deal of traffic, is under the immediate control of
an executive officer. The laws governing it, how-
fost ever, are made by congress. The post
office. o:f£ce system has developed under the
care of the Nation. From the postmaster general,
in the cabinet, down to the least clerk in a coun
try post-office, there are a very large number of
employees, who were formerly appointed by the
president, the post-master general, and his sub
ordinates. . Now, however, a far better plan has
been introduced. It opens the positions to com
petition, and provides examinations for applicants.
This plan, known as the civil service move
ment, is a step in removing the "spoils"

128 Civil Government of Nebraska.
system, or the system of rewarding partisans with
office. Beginning with the most impor-
sek- taut clerkships in the executive depart-
vice
RE- ment, it has been gradually extended to
the lower positions and also to other de
partments of the government. <
Many students have already heard about the
"Original Package" bill. This involves the fact
com- that the United States has control of all
merce. commerce between states. When a
case arises concerning goods carried from one
state to another, it must come before the United
States- courts. In connection with commercial
relations, it is pertinent to ask what is meant by
Lincoln and Omaha being ports of entry.
of ' Not all customs that are levied upon
ENTRY. L
goods brought into this country are col
lected at the harbor or place where the goods en
ter our boundaries. In order that the goods may
not have to be unpacked and packed again, the
United States establishes custom houses in the
interior, where all imports may be inspected and
taxed according to the laws of congress. The
places where such custom houses are located are
called ports of entry.
Since the first grants of land to the Union Pa
cific railroad during the territorial period, many
thousands of acres of land have been given for
the same purpose. The United States has taken
such a part in starting these great projects as

Federal Relations. 129
public highways, that the question has arisen
rail- whether the Nation ought not to own
roads, them. Railroads carry so much freight
and are used so extensively for traveling that they
are of more than state importance. Nevertheless
the State attempts to regulate the charges for
freight and passengers, by the board of trans
portation. Another subject of importance which the Na
tion controls is the banking system. The lawi of
Nebraska regulate how the business may be car
ried on here, but national banks are
national formed under the laws of the United
BANES. States. Among the advantages of the
system are great security for depositors and uni
formity in bank notes.
The state shares in the national government
through its representatives. Every state is entitled
pn«. to have two in the senate and as many in
GRESS. the house as its population entitles it to.
have. The senators represent the states as
sena equal units, but in the house the number
tors. from each state is according to popu
lation. The number of people which one con
gressman represented at the beginning of
senta- the national government in 1788 was 30,-
TIVES' 000. Now it has increased to 173,901.
The grouping of counties for the six districts are
shown in the accompanying map. Although a
congressman is chosen in the autumn, his term of
office does not begin until the following March 1.
9

CONGRESSIONAL JJ/jSTR/CTVS.
LAW OF 1991

Federal Relations.

131

Usually, however, congress does not meet until
the December after that, so that it is a year from
the time a representative is elected before he has
a chance to take his seat.

Constitution of Nebraska. 133

APPENDIX I.

CONSTITUTION OF NEBRASKA.

ADOPTED 1875.

PREAMBLE.
We, the people, grateful to Almighty God for our freedom,
do ordain and establish thejollowing declaration of rights
and frame of government, a's the constitution of the State
of Nebraska: ARTICLE I.— BILL OF RIGHTS.
Section 1. All persons are by nature free and independent,
and have certain inherent and inalienable rights; among
these are life, liberty, and the pursuit of happiness. To se
cure these rights, and the protection of property, govern
ments are instituted among people, deriving their just pow
ers from the consent of the governed.
Sec 2. There shall be neither slavery nor involuntary
servitude in this State, otherwise than for the punishment of
crime, whereof the party shall have been duly convicted.
Sec 3. No person shall be deprived of life, liberty, or prop
erty, without due process of law.
Sec 4. All persons have a natural and indefeasible right
to worship Almighty God according to the dictates of their
own consciences. No person shall be compelled to attend,
erect, or support any place of worship against his consent,
and no preference shall be given by law to any religious so
ciety, nor shall any interference with the rights of conscience
be permitted. No religious test shall be required
RELI- as a qualification for office, nor shall any person
2*?2,s be incompetent to be a witness on account of his
DOM. " religious belief; but nothing herein shall be con
strued to dispense with oaths and affirmations.
Religion, morality, and knowledge, however, being essential
to good government, it shall be the duty of the legislature
to pass suitable laws to protect every religious denomina
tion in the peaceful enjoyment of its own mode of public wor
ship, and to encourage schools and the means of instruction.

134 Civil Government.
Sec 5. Every person may freely speak, write, and publish
on all subjects, being responsible for the abuse of that lib
erty; and in all trials for libel both civil and criminal, the
truth, when published with good motives and for justifia
ble ends, shall be a sufficient defense.
Sec 6. The right of trial by jury shall remain inviolate,
but the legislature may authorize trial by a jury of a less
number than twelve men, in courts inferior to the district
court. Sec. 7. The right of the people to be secure in their perT
sons, houses, papers, and effects against unreasonable
Rparches and seizures, shall not be violated; and
ANDSEI-no wai'ran* sna" issue but upon probable cause,
ZURE. supported by oath or affirmation, and particu
larly describing the place to be searched and the
person or thing to be seized.
Sec 8. The privilege of the writ of habeas corpus shall
not be suspended, unless, in case of rebellion or invasion, the
public safety requires it and then only in such manner as
shall be prescribed by law.
Sec 9. All persons shall be bailable by sufficient sureties,
except for treason and murder, where the proof is evident or
the presumption great. Excessivebail shall not be
BAIL. required, nor excessive fines imposed, nor cruel and
unusual punishments inflicted.
Sec 10. No person shall be held to answer for a criminal
offense, except in cases iu which the punishment is by fine or
imprisonment, otherwise than in the penitentiary, in case of
impeachment, and in caws arising in the army and
NALBDOF-navy or 'n tne rn'''t'a. when in actual service in
FENSES.time of war or public danger, unless on a present
ment or indictment of a grand jury; Provider],
That the legislature may, by law, provide for holding persons
to answer for criminal offenses on information of a public
prosecutor, and may by law abolish, limit, change, amend,
or otherwise regulate the grand jury system.
Sec 11. In all criminal prosecutions the accused shall
have the right to appear and defend in person or by counsel,
to demand the nature and cause of accusation,
TIAL anc^ *° nave a coPy thereof; to meet the witnesses
TRIAL, against him face to face; to have process to com
pel the attendance of witnesses in his behalf, and a
speedy public trial by an impartial jury of the county or dis
trict in which the offense is alleged to have been committed.
Sec. 12. No person shall be compelled, in any criminal
case, to give evidence against himself, or be twice put in
jeopardy for the samp offense.
Sec. 13. All courts shall be open, and every person, for
any injury done him in his lands, goods, person or reputa-

Constitution of Nebraska. 133
tion, shall have a remedy by due course of law, and justice
administered without denial or delay.
Sec 14. Treason against the State shall consist only in
levying war against the State, or in adhering to its enemies,
giving them aid and comfort. No person shall be
SON. convicted of treason unless on the testimony of two
witnesses to the same overt act, or on confession
in open court.
Sec 15. All penalties shall be proportioned to the nature
of the offense, aud no conviction shall work cor-
tiesT ruption of blood or forfeiture of estate; nor shall
any person be transported out of the State for any
offense committed within the State.
Sec 16. No bill of attainder, ex post facto law, or law im
pairing the obligation of contracts, or making any irrevoca
ble grant of special privileges or immunities, shall be passed.
Sec 17. The military shall be in strict subordination to
the civil power.
Sec 18. No soldier shall, in time of peace, be quartered
in any house "without the consent of the owner; nor in time
of war, except in the manner prescribed by law.
Sec. 19. The right of the people, peaceably to assemble to
consult for the common good, and to petition the govern
ment or any department thereof, shall not be abridged.
Sec 20. No person shall be imprisoned for debt in any
civil action, mesne or final proceedings, unless in cases of
fraud .
Sec 21 . The property of no person shall betakeu or dam
aged for public use without just compensation therefor.
Sec. 22. All elections shall be free; and there shall be no
hindrance or impediment to the right of a qualified voter to
exercise the elective franchise.
Sec 23. The writ of error shall be a writ of right in all
cases of felony; and in capital cases shall operateas a super
sedeas to stay the execution of thesentenceof death until the
further order of the supreme court in the premises.
Sec. 24. The right to be heard in all civil cases in thecourt
of last resort, by appeal, error, or otherwise shall not be
denied. Sec. 25. No distinction shall ever be made by law between
resident aliens and citizens in reference to the possession, en
joyment, or descent of property.
Sec. 26. This enumeration of rights shall not beconstrued
to impair or deny others retained by the people, and all pow
ers not herein delegated remain with the people,
ARTICLE II.— DISTRIBUTION OP POWERS.
Section 1. The powers of the government of thisStateare
divided into three distinct departments: the legislative, ex
ecutive, and judicial, and no person, or collection of persons,

130 Civil Government.
being one of these departments, shall exercise any power
pnoperly belonging to either of the others, except as herein
after expressly directed or permitted.
AKTICLE III. — LEGISLATIVE.
Section 1. The legislative authority is vested in a senate
and house of representatives.
Sec 2. The legislature shall provide by law for an enu
meration of theinhabitants of theState in the year eighteen
hundred and eighty-five, and every ten years thereafter; and
at its first regular session after each enumeration, and also
CENSUS arter each enumeration made by the authority of
" the United States, but at no other time, the legis
lature shall apportion the senators and representatives ac
cording to the number of inhabitants, excluding Indiansnot
taxed and soldiers and officers of the United States army
and navy.
Sac 3. The number of representatives shall never exceed
onehundred, nor thatof senators thirty-three. The sessions
of the legislature shall be biennial, except as otherwise pro
vided in the constitution.1
Sec 4. The terms of office of members of the legislature
shall be two years, and they shall each receive for their ser-
 „ vices three dollars for each day's attendance dur-
OF OF- lnS tne session, and ten cents for every mile they
PICE shall travel in going to and returning from the
rowr place of meeting of the legislature on the most
FENSA- usual route; Provided, however, That they shall
TION. notreceivepay for more than forty days at any one
session ; and neither members of the legislature nor
employees shall receive any pay or perquisites other than
their pay per diem and mileage.
Sec. 5. No person shall be eligible to the office of senator
or member of the house of representatives, who shall not be
an elector, and have resided within the district
FICA^ from whichheis elected for the term of one year next
TIONS. before his election, unless he shall have been ab
sent on the public business of the United States, or
of this State. Aud no person elected as aforesaid shall hold
his office after he shall have removed from such district.
Sec. 6. No person holding office under the authority of
the United States, or any lucrative office under the authority
of this State, shall be eligible to or have a seat in the legis
lature; but this provision shall not extend to precinct or
township officers, justices of the peace, notaries public, or of
ficers of the militia; nor shall any person interested in a
contract with, or an unadjusted claim against the State,
hold a seat in the legislature.

1 First half omitted. It applied to legislature only before 1880.

Constitution of Nebraska. 137
Sec. 7. The session of the legislature shall commence at
twelve o'clock (noon) on the first Tuesday in Jan-
SES- wary, in the year nextensuing the election of mem-
SION. bers thereof, and at no other time, unless as pro
vided by this constitution. A majority of the
members elected to each house shall constitute a quorum.
Each house shall determine the rules of its proceedings, and
_ be the judge of the election returns, and qualifica-
RUM. tions of its members; shall choose its own officers;
and the senate shall choosea temporary president
to preside when the lieutenant-governor shall not attend as
president, or shall act as governor. The secretary of state
shall call thehouse of representatives to order atthe opening
of each new legislature, and preside over it until a tempor
ary presiding officer thereof shall have been chosen and shall
have taken his seat. No member shall be expelled
IiS^ by either house, except by a vote of two-thirds of
TION. all the members elected to that house, and no mem
ber shall be twice expelled for the same offense.
Each house may punish by imprisonment any person, not a
member thereof, who shall be guilty of disrespect to the
house, by disorderly or contemptuous behavior in its pres
ence, but no such imprisonment shall extend beyond twenty-
four hours at one time, unless the person shall persist in
such disorderly or contemptuous behavior.
Sec. 8. Each houseshall keepa journal of its proceedings,
and publish them(except such parts as may require secrecy),
and the yeas and nays of the members on any question shall,
at the desire of any two of them, be entered on the journal.
JOUR- ''^" votes in either house shall be viva voce. The
NAL. doors of each house and of the committee of the
FUB- whole shall be open, unless when the business shall
LICITY. j-^ sucn as ought to be kept secret. Neither house
shall, without the consent of the other, adjourn for more
than three days.
Sec. 9. Any bill may originate in either house of the leg
islature, except bills appropriating money, which shall origi
nate only inthehouseof representatives, and all bills passed
by one house may be amended by the other.
Sec. 10. The enacting clause of a law shall be, " Be it en
acted by the Legislature of the State of Nebraska," and no
law shall be enacted except by bill. No bill shall
ENACT- be passed unless by assent of a majority of all the
ING members elected to each house of the legislature.
CLAUSE An(j tne qUPStion upon the final passage shall be
LAWS, taken immediately upon its last reading, and the
yeas and nays shall be entered upon the journal.
Sec. 11. Every bill and concurrent resolution shall be
read at large on three different days in each house, and the
bill and all amendments thereto shall be printed before the

138 Civil Government.
vote is taken upon its final passage. No bill shall contain
more than onesubject, and thesameshall beclearly
BILLS. expresSH(j ju its title. And no law shall be amended
unless the new act contains the section or sections so
amended, and the section or sections so amended shall be
repealed. The presiding officer of each house shall sign, in
the presence of the house over which he presides, while the
same is in session and capable of transacting business, all
bills and concurrent resolutions passed by the legislature.
Sec 12. Members of the legislature, in all cases except
treason, felony or breach of the peace, shall be privileged
from arrest during the session of the legislature, and for fif
teen days next before the commencement and after the ter
mination thereof.
Sec 13. No person elected to the legislature shall receive
any civil appointment within this State, from the governor
and senate during the term for which he has been elected.
And all such appointments, and all votes givenfor
%Yca^~ any 8Ucn lnenloer f°r any such office or appoint-
TIONS. ment, shall be void. Nor shall any member of the
legislature, or any state officer, be interested, either
directly or indirectly, in auy contract with the State, county,
or city, authorized by any law passed during the term for
which he shall have been elected, or within one year after the
expiration thereof.
Sec. 14. The senate and bouse of representatives, in joint
convention, shall havethesole power of impeachment, but a
majority of the members elect must concur therein. Upon
the entertainment of a resolution to impeach by either
house, the other house shall at once be notified thereof, and
the two housesshall meet in jointconvention for the purpose
of acting upon such resolution within three days of such no
tification. A notice of an impeachment of any officer other
than a justice of the supreme court, shall be forthwith
served upon the chief justice by the seereturv of the senate,
who shall thereupou call a session of the supreme court to
meet at the capital within ten days after such notice to try
the impeachment. A notice of an impeachment of a justice
of the supreme court shall be served by the secre-
FEACH- tary olthe sena.teuponthe judgeof the judicial dis-
mbnt. trict within which the capital is located, and he
thereupon shall notify all the judges of the district
court in the State to meet with him within thirty days at the
capital, to sit as a court to try such impeachment, which
court shall organize by electing one of its number to preside.
No person shall be convicted without the concurrence of two-
thirds of the members of the court of impeachment, hut
judgment in cases of impeachment shall not extend further
than removal from office and disqualification to hold and en-
oy any office of honor, urofit, or trust in this Siale, but the

Constitution of Nebraska. 139
party impeached, whether convicted or acquitted, shall nev
ertheless be liable to prosecution and punishment according
to law. No officer shall exercise his official duties after he
shall have been impeached and notified thereof, until heshall
have been acquitted.
Sec 15. The legislature shall not pass local or special
laws in any of the following cases, that is to say :
For granting divorces.
Changiug the names of persons or places.
Laying out, opening, altering, aud working roads or high
ways. Vacating roads, town plats, streets, alleys, and public
grounds. Locating or changing county seats.
Regulating cpunty and township offices.
Regulating the practice of courts of justice.
Regulating the jurisdiction and duties of justices of the
peace, police magistrates, and constables.
Providing for changes of venuein civil and criminal cases.
Incorporating cities, towns, and villages, or changing or
amending the'charter of any town, city, or village.
Providing for the election of officers in townships, incor
porated towns, or cities.
Summoning or empaneling grand or petit juries.
Providing for bonding of cities, towns, precincts, school
districts, or other municipalities.
Providing for the management of public schools.
Regulating the interest on money.
The opeuiug and conducting of any election, or designat
ing the place of voting.
The sale or mortgage of real estate belonging to minors
or others under disability.
The protection of game or fish.
Chartering or licensing ferries or toll bridges.
Remitting fines, penalties, or forfeitures.
Creating, increasing, and decreasing fees, percentage, or
allowances of public officers during the term for which said
officers are elected or appointed.
Changing the law of descent.
Granting to any corporation, association, or individual,
the right to lay down railroad tracks, or amending existing
charters for such purpose.
Granting to any corporation, association, or individual,
any special or exclusive privileges, immunity, or franchise
whatever. In all other cases where a general law can be made
applicable, no special law shall tie enacted.
Sec. 16. The legislature shall never grant any extra com
pensation to any public officer, airent, servant, or contractor,
EXTRA after the services shall have been rendered, or the
FENSA- cont'ract entered into. Nor shall the compensation
TION. of any public officer be increased or diminished
during his term of office.

140 Civil Government.
Sec 17. The legislature shall never alienate the salt
springs belonging to the State.
Sec 1 8. Lands under the control of the State shall never
be donated to railroad companies, private corporations, or
individuals. Sec 19. Each legislature shall make appropriations for
the expenses of the government until the expiration of the
first fiscalquarter after the adjournment of the next regular
session, and all appropriations shall end with such fiscal
quarter. And whenever it is deemed necessary to
AFFRO- make further appropriations for deficiencies, the
TIOnT sameshall require a two-thirds vote of all themem-
bers elected to each house, and shall not exceed the
amount of revenue authorized by law to be raised in such
time. Bills making appropriations for the pay of members
and officers of the legislature, and for the salaries of the of
ficers of the government, shall contain no provision on any
other subject.
Sec 20. All offices created by this constitution shall be
come vacant by the death of the incumbent, by removal from
the State, resignation, conviction of a felony, im-
CIES peach 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. The legislature shall not authorize any games
of chance, lottery, or gift enterprise under any pretense, or
for any purpose whatever.
Sec 22. No allowance shall be made for the incidental ex
penses of any state officer except the same be made by gen
eral appropriation and upon an account specifying each
item. No money shall be drawn from the treasury except
in pursuance of a specific appropriation made by law, and on
the presentation of a warrantissued by the auditor thereon,
and no money shall be diverted from any appro-
ING " Priation made for any purpose, or taken from any
MONEY, fund whatever, either by joint or separate resolu
tion. The auditor shall, within sixty days after the
adjournment of each session of the legislature, prepare and
publish a full statement of all moneys expended at such ses
sion, specifying the amount of each item, and to whom and
for what paid.
Sec. 23. No member of thelegislature shall be liable in any
civil or criminal action whatever for words spoken in debate.
Sec 24. No act shall take effect until three calendar
months after the adjournment of the session at which it
WHEN passed, unless in case of emergency (to be ex-
acts pressed in theprenmbleor body of the act) theleg-
TAKE islature shall, by a vote of two-thirds of all the
EFFECT. memDerB elected to each house otherwise direct.
All laws shall be published in book form within sixty days

Constitution of Nebraska. 141
after the adjournment of each session, and distributed
among the several counties in such manner as the legislature
may provide. article [rv.]— legislative apportionment.
ARTICLE V.— EXECUTIVE DEPARTMENT.
Section 1. The executive department shall consist of agov-
ernor, lieutenant-governor, secretary of state, auditor of pub-
lie accounts, treasurer, superintendent of public instruction,
attorney-general, and commissioner of public lands and
OFTI buildings, who shall each hold his office for the
CERs'or term of two years from the first Thursday after
esecu- the first Tuesday in January next after his elec-
DeTB tion, and until his successor is elected and quali-
FART- fied-1 Tne governor, secretary of state, auditor of
MENT. public accounts and treasurer shall reside at the
seat of government during their terms of office,
and keep the public records, books, aud papers there, and
shall perform such duties as may be required by law.
Sec 2. No person shall be eligible to the office of governor
or lieutenant-governor, who shall not have attained to the
. age of thirty years, and been for two years next
PICA- precedinghiselection a citizen of the United States
TIONS. and of this State. None of the officers of the exec
utive department shall be eligible to any other
state office during the period for which they shall have been
elected. Sec 3. The treasurer shall be ineligible to the office of
treasurer for two years next after the expiration of two con
secutive terms for which he was elected.
Sec 4. The returns of every election for the officers of the
executive department shall be sealed up and transmitted by
the returning officers to the seeretai-y of state, directed to
the speaker of the house of representatives* who shall, im
mediately after the organization of the house, and before
proceeding to other business, open and publish the
¦Ptow" 8ame in th* presence of a majority of each houseof
RE. the legislature, who shall, for that purpose, assem-
TURNS. ble 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 havean equal and thehighest number of votes,
the legislature shall, by joint vote, choose one of such per
sons 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.

l A temporary provision omitted, which also states that each elec
tion shall be held on Tuesday following the first Monday in November
In even numbered years.

142 Civil Government.
Sec 5. All civil officers of this State shall be liable to im
peachment for any misdemeanor in.office.
Sec 6. The supreme executive power shall be vested in
the governor, who shall takecare that the laws be faithfully
executed. Sec. 7. The governor shall, at the commencement of each
session, and at the close of his term of office, and whenever
the legislature may require, give to the legislature informa
tion by message of the condition of the State, and shall rec
ommend such measures as heshall deem expedient. He shall
account to the legislature, and accompany his message with
a statement of all moneys received and paid out by him
from any funds subject to his order, with vouchers, and, at
the commencement of each regular session, presentestimateH
of the amount of money required to be raised by taxation
for all purposes.
Sec 8. The governor may, on extraordinary occasions,
convene the legislature by proclamation, stating therein the
purpose for which they are convened, and the legislature
shall enter upon no business except that for which they
were called together.
Sec 9. In case of a disagreement between the two houses
with respect to the time of adjournment, the governor may,
on the same being certified to him by the house first moving
the adjournment, adjourn the legislature to such time as he
thinks proper, not beyond the first day of the next regular
session. Sec 10. The governor shall nominate and, by and with
the advice and consent of the senate (expressed by a ma
jority of all the senators elected voting by yea.s and nays),
appoint all officers whose offices are established by this con
stitution, or which may be created by law, and whose ap
pointment or election is not otherwise by law or herein pro
vided for; and-no such officer shall be appointed or elected
by the legislature.
Sec 11. In case of a vacancy during the recess of the
senate, in any office which is not elective, the governor shall
make a temporary appointment until the next meeting of the
senate, when he shall nominate some person to fill such of
fice; and any person so nominated, who is confirmed by the
senate (a majority of all the senators elected concurring by
voting yeas and nays), shall hold his office during the re
mainder of the term, and until his successor shall be ap
pointed and qualified. No person, after being rejected by
the senate, shall be again nominated for the same office at
the same session, unless at request of tbe senate, or be ap
pointed to the same office during the recess of the legisla
ture. Sec. 12. The governor shall have power to remove any
officer whom he may appoint, in case of incompetency, neg-

Constitution of Nebraska. 143
leet of duty, or malfeasance in office, and he may declare
his office vacant, and fill the same asherein provided inother
cases of vacancy.
Sec. 13. The governor shall have the power to grant re
prieves, commutations and pardons after conviction, for
all offenses, except treason and cases of impeachment, upon
such conditions and with such restrictions and limitations
as he may think proper, subject to such regulations as may
be provided by law relative to the manner of applying for
pardons. Upon conviction for treason, he shall have power
to suspend the execution of the sentence until the case shall
be reported to the legislature at its next session, when the
legislature shall either pardon or commute the sentence, di
rect the execution of the sentence, or grant a further reprieve.
He shall communicate to the legislature, at every regular
session, each case of reprieve, commutation or pardon
granted, stating the name of the convict, the crime of which
he was convicted, the sentence and its date, and the date of
the reprieve, commutation or pardon.
Sec 14. The governor shall be commander-in-chief of the
military and naval forces of the State (except, when they
shall be called into the service of the United States), and
may call out the sameto*exeeute the laws, suppress insurrec
tion, and repel invasion.
Sec. 15. Every bill passed by the legislature, before it be
comes a law, and every order, resolution, or vote, to which
the concurrence of both houses may be necessary (except on
questions of adjournment), shall be presented to the gov-
ernor. If he approve, he shall sign it, and there-
FOWER uPon 't shall become a law, but if he do not ap-
' prove, he shall return it, with his objections, to the
house in which it shall have originated, which house shall
enter the objections at large upon its journal, and proceed
to reconsider the bill. If then three-fifths of the members
elected agree to pass the same, it shall be sent, together
with the objections, to the other house, by which it shall
likewise be reconsidered; andif approved by three-fifths of the
members elected to that house, it shall become a law, not-
withstanding the objections of the governor. In all such
cases, the vote of each house shall be determined by yeas
aud nays, to be entered upon the journal. Any bill which
shall not be returned by the governor within five days (Sun
day excepted), after it shall have been presented to him,
shall become a law, in like manner as if he had signed it, un
less the legislature by their adjournment, prevent its return;
in which case it shall be filed, with his objections, in the office
of the secretary of state within five days after such adjourn
ment, or become a law. The governor may disapprove any
item or items of appropriation contained in bills passed by
the legislature, and the item or items so disapproved shall be

144 Cir;7 Government.
stricken therefrom, unless re-passed in the manner herein pre
scribed iu cases of disapproval of bills.
Sec 16. In case of the death, impeachment, and notice
thereof to the accused, failure to qualify, resignation, absence
from the State, or other disability of the governor, the pow
ers, duties, and emoluments of the office for the residue of
the term, or until the disability shall be removed, shall de
volve upon the lieutenant governor.
Sec 17. The lieutenantfgovernor shall be president of
the senate, and shall vote only when the senate is equally
divided. Sec. 18. If there be no lieutenant governor, or if the lieu
tenant governor, for any of the causes specified in section
sixteen of this article, become incapable of performing the
duties of the office, the president of the senate shall act as
governor until the vacancy is filled, or the disability re
moved; andif the president of the senate for any of the above
named causes, shall become incompetent of performing the
duties of governor, the same shall devolve upon the speaker
of the house of representatives.
Sec 19. The commissioner of public lands and buildings,
the secretary of state, treasurer, and attorney-general, shall
form a board, which shall have general supervision and con
trol of all the buildings, grounds, and lands of the State, the
state prison, asylums, and all other institutions thereof, ex
cept those for educational purposes; and shall perform such
duties, and be subject to such rules and regulations, as may
be prescribed by law.
Sec. 20. If the office of auditor of public accounts, treas
urer, secretary of state, attorney-general, commissioner of
public lands and buildings, or superintendent of public in-
struction, shall be vacated by death, resignation,
CIESIN or otherwise, it shall be the duty of the governor to
OFFICE, fill the same by appointment; and the appointee
shall hold his office until his successor shall be
elected and qualified in such manner as may be provided by
law. Sec 21. An account shall be kept by the officers of the
executive department, and of all the public institutions of
the State, of all moneys received or disbursed by them sever
ally from all sources, and for every service performed, and a
semi-annual report thereof be made to the governor, under
oath, and any officer who makes a false report shall be guilty
of perjury, and shall be punished accordingly.
Sec 22. The officers of the executive department, and of
all the publicinstitutionsof theState, shall, at least ten days
preceding each regular session of the legislature, severally
report to the governor, who shall transmit such reports to
the legislature, together with the reports of the judges of the
supreme court, of defects in the constitution and laws, and

a
Constitution of Nebraska. 145
the governor, or either house of the legislature, may, at any
time require information in writing, under oath, from the of
ficers of the executive department, and all officers and man
agers of state institutions, upon any subject relating to the
condition, management, and expenses of their respective
offices. Sec. 23. There shall be a seal of the State, which shall be
called the " Great Seal of the State of Nebraska," which shall
be kept by the secretary of state, and used by him officially,
as directed by law.
Sec. 24. The salaries of the governor, auditor of public
accounts, and treasurer, shall be two thousand five hundred
($2,500) dollars each per annum, and of the secretary of
state, attorney-general, superintendent of publicinstruction,
and commissioner of public lands and buildings, shall be
two thousand ($2,000) dollars each per annum. The lieu-
tenant-governor shall receive twice the compen-
RlEsV sation of a senator, aud after the adoption of this
constitution they shall not receive to their own use
any fees, costs, interest upon public moneys in their hands
or under their control, perquisites of office or other compen
sation, and all fees that may hereafter be payable by law
for services performed by an officer, provided for in this ar
ticle of the constitution, shall be paid in advance into the
state treasury. There shall be no allowance for clerk hire in
the offices of the superintendent of public instruction and
attorney -general.
Sec 25. The officers mentioned in this article shall give
bonds in not less than double the amount of money that
may come into their hands, and in no case in less
BONDS, than the sum of fifty thousand dollars, with such
provisions as to sureties and the approval thereof, and for the
increase of the penalty of such bonds as may be prescribed
by law.
Sec 26. No other executive state office shall becontinued
or created, and the duties now devolving upon officers not
provided for by this constitution shall be performed by the
officers herein created.
ARTICLE VI.— THE JUDICIAL DEPARTMENT.
Section 1. The judicial powerof this State shall be vested
in a supreme court, district courts, county courts, justices
of the peace, police magistrates, and in such other courts in
ferior to the district courts as may be created by law for
cities and incorporated towns.
Sec. 2. The supreme court shall consist of three judges, a
SU- majority of whom shall be necessary to form a
FREME quorum, or to pronounce a decision. It shall have
COURT, original jurisdiction in cases relating to the reve
nue, civil cases in which the State shall be a party, ma.i-
10

146 Civil Government.
damus, quo warranto, habeas corpus, and such appellate
jurisdiction as may be provided by law.
Sec. 3. At least two terms of the supreme court shall be
held each year at the seat of government.
Sec 4. The judges of the supreme court shall be elected
by the electors of the State at large, and their terms of of
fice, except of those chosen at the first election, as hereinaf
ter provided, shall be six years.
Sec. 5. The judges of the supremecourt shall, immediately
after the first election under this constitution, be classified
by lot, so that one shall hold his office for the term of two
years, one for the term of four years, and one for the term of
six years.
Sec. 6. The judge of the supreme court having the short
est term to serve, not holding his office by appoint-
JUS^1" ment or election to fill a vacancy, shall be thechief
HCE. justice, and as such shal! 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. .No person shall be eligible to the office of judge of
the supreme court unless he shall be at least thirty years of
age, and a citizen of the United States; nor unless he shall
have resided in this State at least three years next preceding
his election.
Sec 8. There shall be appointed by the supreme court a
reporter, who shall also act as clerk of the supreme court,
and librarian of the law and miscellaneous library of the
state, whose term of office shall be four years, unless sooner
removed by the court, whose salary shall be fixed by law,
not to exceed fifteen hundred dollars per annum. The copy
right of the state reports shall forever belong to the State.
Sec. 9. The district courts shall have both chancery and
common law jurisdiction, and such other jurisdiction as the
legislature may provide, and the judges thereof may admit
persons charged with felony to a plea of guilty, and pass
such sentence as may be prescribed by law.
Sec. 10. [A temporary provision concerning the appor
tionment.] Sec 11. Tlie legislature, whenever two-thirds of the mem
bers elected to each house shall concur therein, may, in or
after the year one thousand, eight hundred and eighty, and
not oftener than once in every four years, increase the num
ber of judges of the district courts, and the judicial districts
of the State. Such districts shall be formed of compact ter
ritory, and bounded by county lines; and such increase, or
any change in the boundaries of a district, shall not vacate
the office of any judge.
Sec. 12. The judges of the district courts may hold courts
for each other, and shall do so when required by law.

Constitution of Nebraska. 147
Sec 13. The judges of the supreme and district courts
shall each receive a salary of .|2,500, per annum, payable
quarterly. Sec 14. No judge of the supreme or district courts shall
receive any other compensation, perquisite, or benefit for or
on account of his office in any form whatsoever, nor act as
attorney or counsellor-at-law, in any manner whatever, nor
shall any salary be paid to any county judge.
Sec. 15. There shall be elected in and for each organized
county one judge, who shall be judge of the county court of
such county, and whose term of office shall be two years.
Sec. 16. County courts shall be courts of record, and shall
have original jurisdiction in all matters of probate, settle
ments of estates of deceased persons, appointment of guardi-
COUNTYaQs and settlement of their accounts, in all matters
COURT: relating to apprentices, aud such other juris-
DICT?ON^'c*'ou as ma.v ^e given bygeneral 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 actionsin which title
to real estate is sought to be recovered, or may be drawn in
question; nor iu actions on mortgages or contracts for the
conveyance of real estate ; nor in civil actions where the debt or
sum claimed shall exceed one thousand dollars.
Sec 17. Appeals to the district courts from the judgments
of county courts shall be allowed in all criminal cases on ap
plication of the defendant, and in all civil cases on applica
tion of either party, aud in such other cases as may be pro
vided by law.
Sec 18. Justices of the peace and police magistrates shall
be elected in and for such districts, and have and exercise
such jurisdiction as may be provided by law; Provided,
That no justice of the peace shall have jurisdiction
TICES of an-v l;ivil case where tne amount in controversy
OF THE shall exceed two hundred dollars, nor in acrimi-
FEACE, nal 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 bounda
ries of land may be in dispute.
Sec 19. All 'laws relating to courts shall be general and
of uniform operation, and the organization, jurisdiction,
powers, proceedings, and practice of all courts of the same
class or grade, so far as regulated by law and the force and
effect of the proceedings, judgments, and decrees of such
courts severally, shall be uniform.
Sec 20. All" officers provided for in this article shall hold
their offices until their successors shall be qualified, and they
TERMS shall respectively reside in the district, county, or
OF OF- precinct for which they shall be elected or ap-
FICE. pointed. The terms of office for all such officers,
when not otherwise prescribed in this article, shall be

148 Civil Government.
two years. All officers, when not otherwise provided for
in this article, shall perform such duties and receive such
compensation as may be provided by law.
Sec 21. 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
CIEs\n" was elected, the vacancy shall be filled by appoint
or- ment by the governor, until a sucessor shall be
FICES elected and qualified, and such successor shall be
JUDGES e'e(;ted f°r the unexpired term at the first general
'¦ -•'--' ¦ e]ection that occurs more than thirty days after
the vacancy shall have happened. Vacancies in all other
elective offices provided for in this article shall be filled by
election, but when the unexpired term does not exceed one
year, the vacancy may be filled by appointment, in such
manner as the legislature may provide.
Sec 22. The State may sue and be sued, and the legisla
ture shall provide, by law, iu what manner and in what
courts suits shall be brought.
Sec 23. The several judges of the courts of record shall
have jurisdiction at chambers as may be provided by law.
Sec 24. All process shall run in the name of " The State of
Nebraska," and all prosecutions shall be carried on in the
name of "The State of Nebraska."
ARTICLE VII. — RIGHTS OP SUFFRAGE.
Section 1. Every male person of the age of twenty-one
years or upwards, belonging to either of the following
classes, who shall have resided in the State six months, and
in the county, precinct, or ward, for the term provided by
law, shall be an elector.
First. Citizens of the United States.
Second. Persons of foreign birth who shall have declared
their intention to become citizens conformably to, the laws
of the United .States, on the subject of naturalization, at
least thirty days prior to an election.
Sec 2. No person shall be qualified to vote who is non
compos mentis, or who has been convicted of treason or
felony under the law of the State, or of the United States,
unless restored to civil rights.
Sec. 3. Every elector in the actual military service, of the
United States, or of this State, aud not in the regular army,
may exercise the right of suffrage at such place, and under
Buch regulations as may be provided by law.
Sec. 4. No soldier, seaman, or marine, in the army and
navy of the United Slates, shall be deemed a resident of the
State in consequence of being stationed therein.
Sec. 5. Electors shall in all cases, except treason, felony,
or breach of the peace, be privileged from arrest during their
attendance at elections, and going to and returning from

Constitution of Nebraska. 149
the same, and no elector shall be obliged to do military duty
on the days of election, except in time of war and public
danger. Sec 6. All votes shall be by ballot.
ARTICLE VIII. — EDUCATION.
Section 1. The governor, secretary of state, treasurer,
attorney-general, and commissioner of public lands and
buildings shall, under the direction of the legisla-
52ARD ture, constitute a board of commissioners for the
SCHOOL 8a'e> leasing, and general management of all lands
lands, and funds set apart for educational purposes, and
for the investment of school funds in such man
ner as may be prescribed by law
Sec 2. All lands, money, or other property, granted, or
bequeathed, or in any manner conveyed to this State for
educational purposes, shall be used and expended in ac
cordance with the terms of such grant, bequest, or convey
ance. Sec. 3. The following are hereby declared to be perpetual
funds for common school purposes, of which the annual in
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 number sixteen and thirty-six in each township in
this State, and the lands selected, or that may be selected in
lieu thereof.
Ihird. 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, by escheat or forfei
ture, or from unclaimed dividends, or distributive shares of
the estates of deceased persons.
Fifth. All moneys, stocks, bonds, lands and other prop
erty, now belonging to the common school fund.
Sec 4. All other grants, gifts, and devises that have
or may hereafter be made to this State, and not otherwise
appropriated by the terms of the grant, gift, or
TEMPO- devise, the interest arising from all the funds men-
School tioned in the preceding section, together with all
FUND, the rents of theunsold school lands, and such other
means as the legislature may provide, sh^all be ex
clusively applied to the support and maintenance of com
mon schools in each district in the State.
Sec 5. AU fines, penalties, and license moneys arising
under the general laws of the State, shall belong and be
paid over to the counties, respectively, where the same

150 Civil Government.
may be levied or imposed, and all fines, penalties, and
license moneys arising under the rules, by-laws, or
PE»AS£- ordinances of cities, villages, towns, precincts, or
TIES, other municipal sub-divisions less than a county,
AND II- shall belong and be paid over to the same respect-
MOTEYS ively. All such fines, penalties and license moneys
shall be appropriated exclusively to the use and
support of common schools in the respective subdivisions
where the same may accrue,
Sec 6. The legislature shall provide for the free instruc
tion in common schools of this State, of all persons between
the ages of five and twenty-one years.
Sec. 7. Provisions shall be made by general law for an
equitable distribution of the incomeof thefund set apart for
the support of the common schools, among the several
school distr cts of the State, and no appropriation shall be
made from said fund to any district for the year in which
school is not maintained at least three months.
Sec 8. University, agricultural college, common school,
or other lands, which are now held, or may hereafter be ac
quired 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. All funds belonging to the State for educational
purposes, the interest and income whereof only are to be
used, shall bedeemed trust funds held by the State,
TORE- a"c' T'le State shall supply all losses thereof that
MAIN may iu any manner accrue, so that the same shall
INVIO- remain forever inviolate and undiminished; and
LATE. s|)a]i 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 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.
Sec. 10. The general 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-
ERN- board of regents of the university of Nebraska,
MENT who shall be elected by the electors of the State at
OF UNI- large, and their term of office, except those chosen
srjjS^ at the first election, as hereinafter provided, shall
be six years. Their duties and powers shall be pre
scribed by law; aud they shall receive no compensation, but
may be Reimbursed their actual expenses incurred in the dis-
charpe of their duties.
Sec 11. No sectarian instruction shall be allowed in any
school or institution supported in whole or in part by the
public funds set apart for educational purposes; no1' shall
the State accept any grant, conveyance, or bequest of money,

Constitution of Nebraska. 151
lands or other property, to be used for sectarian purposes.
Sec 12. The legislature may provide bylaw for the es
tablishment of a school or schools for the safe keeping, ed
ucation, employment, and reformation of all children under
the age of sixteen years, who, for want of proper parental
care, or other cause, are growing up in mendicancy or
crime. ARTICLE IX. — REVENUE AND FINANCE.
Section 1. The legislature shall provide such revenue as
may be needful, by levyinga tax by valuation, so that every
person or 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
TAXES. sna" direct, and it shall have power to tax ped
dlers, auctioneers, brokers, hawkers, commission
merchants, showmen, jugglers, inn-keepers, liquor dealers,
toll bridges, ferries, insurance, telegraph and express inter
ests or business, venders of patents, in such manner as it
shall direct by general law, uniform as to the class upon
which it operates.
Sec 2. The property of the State, coun ties and municipal
corporations, both real and personal, shall be exempt from
taxation, and such other property as may be used exclu
sively for agricultural andhorticultural societies, for school,
religious, cemetery and charitable purposes, may
EX- be exempted from taxation, but such exemptions
EMFTEDshall be only by general law. In the assessment of
FROM all real estate encumbered by public easement, any
TION " depreciation occasioned by such easement may be
deducted in the valuation of such property. The
legislature may provide that the increased value of lands,
by reason of live fences, fruit and forest trees grown and
cultivated thereon, shall not be taken into account in the
assessment thereof.
Sec 3. The right of redemption from all sales of real es
tate, 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 uotless
than two years from such sales thereof; Provided, That oc
cupants shall in all cases be served with personal notice be
fore the time of redemption expires.
Sec 4. The legislature shall have no power to release or
discharge any county, city, township, town, or district
whatever, or the inhabitants thereof, or an v corporation, or
the property therein, from their or its proportionate share
of taxes to be levied for state purposes, or due any munici
pal corporation, nbr shall commutation for such taxes be
authorized in any form whatever.
Sec 5. Countv authorities shall never assess taxes the

152 Civi/ Government.
aggregate of which shall exceed one and a half dollars per
hundred dollars valuation, except for the payment of indebt
edness existing at the adoption of this constitution, unless
authorized by a vote of the people of the county.
Sec 6. The legislature may vest the corporate authori
ties of cities, towns, and villages, with power to make local
improvements by special assessments, or by special taxa
tion of property benefited. For all other corporate pur
poses, all municipal corporations may be vested with au
thority to assess and collect taxes, but such taxes shall be
uniform in respect to persons and property within the juris
diction of the body imposing the same.
Sec 7. Private property shall not beliable 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. 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. The legislature shall provide by law that all
claims upon the treasury shall be examined and adjusted by
the auditor and approved by the secretary of state before
any warrant for the amount allowed shall be drawn : Pro
vided, That a party aggrieved by the decision of theauditor
and secretary of state may appeal to [the] district court. '
ARTICLE [X.]— COUNTIES.
Section 1. No new county shall be formed or established
by the legislature which will reduce the county or counties,
or either of them, to a less area than four hundred square
miles, nor shall any county be formed of a less area.
Sec 2. No county shall be divided, or have any part
stricken therefrom without first submitting the question to
a vote of the people of the county, nor unless a majority of
all the legal voters of the county voting on the question
shall vote for the same.
Sec. 3. There shall be no territory stricken from any or
ganized county unless a majority of the voters living in such
territory shall petition for such division, and no territory
shall be added to any organized county withoutthe consent
of the majority of the voters of the county to which it is
proposed to be added; but the portion so stricken off and
added to another county, or formed in whole or in part into
a new county, shall be h olden for aud obliged to pay its pro
portion of the indebtedness of the counties from which it has
been taken.
Sec 4. The legislature shall provide by law for the elec
tion of such county and township officers as may be neces
sary.

Constitution of Nebraska. 153
Sec 5. The legislature shall provide by general law for
township organization, under which any county may organ
ize whenever a majority of the legal voters of such county,
voting at any general election, shall so determine; and in
any county that shall have adopted a township organiza
tion, the question of continuing the same may be submit
ted to a vote of the electors of such county at a, general
election in the manner that shall be provided by law.
ARTICLE [XI.] — RAILROAD CORPORATIONS.
Section 1. Every railroad corporation organized or do
ing business in this State, under the laws or authority thereof,
or of any other state, orof the United States, shall have and
maintain a public office or place in this State for
RAIL- the transaction of its business, where transfers of
CORD stock shall be made, and in which shall be kept, for
FORA- public inspection, books in which shall be recorded
TIONS. 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, theamount
of its assets and liabilities, and the names and places of res
idence of its officers. The directors of every railroad corpor
ation, or other parties having control of its road, shall
annually make a report, under oath, to the auditor of pub
lic accounts, 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. The rolling stock and all other movable property
belonging to any railroad company or corporation in this
State shall be liable to execution and sale in the same man
ner as the personal property of individuals, and the legisla
ture shall pass no law exempting any such property from
execution and sale.
Sec 3. No railroad corporation or telegraph company
shall consolidate its stock, property, franchises, or earn
ings, in whole or in part, with any other railroad corpora
tion or telegraph company owning a. parallel or competing
line; and in no case shall any consolidation take place ex
cept upon public notice of at least sixty days to all stock
holders in such manner as may be provided by law.
Sec 4. Railways heretofore constructed or that may here
after be constructed in this State, are hereby declared pub
lic highways, and shall be free to all persons for the trans
portation of their persons and property thereon, undcrsuch
regulations as may be prescribed by law. And the legisla
ture may from time to time pass laws establishing reasonable
maximum rates of chargesfor the transportation of passen-

154 Civil Government.
gers and freight on the different railroads in this State. The
liability of railroad corporations as common carriers shall
never be limited.
Sec. 5. No railroad corporation shall issue any stock or
bonds except for money, labor, or property actually re
ceived and applied to the purposes for which such corpora
tion was created, and all stock, dividends, and other ficti
tious increase of the capital stock or indebtedness of any
such corporation shall be void. Thecapital stock of railway
corporations 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. The exercise of the power and the right of eminent
domain shall never be so construed or abridged as to pre
vent the taking, by the legislature, of the property and fran
chises of incorporated companies already organized or
hereafter to be organized, and subjecting them to the pub
lic necessity, the same as individuals.
Sec. 7. The legislature shall pass laws to correct abuses,
and prevent unjust discrimination and extortion in all
charges of express, telegraph, and railroad companies in this
State, and enforce such laws by adequate penalties to the
extent, if necessary for that purpose, of forfeiture of their
property and franchises.
Sec 8. No railroad corporation, organized under thelaws
of any other state, or of the United States, and doing busi
ness in this State, shall be entitled to exercise 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 be
come a body corporate pursuant to and in accordance with
the laws of this State.
ARTICLE [XII.]— MUNICIPAL CORPORATIONS.
Section 1. 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 of interest therein, of any railroad or private cor
poration, or association.
ARTICLE [XIII.] — MISCELLANEOUS CORPORATIONS.
Section 1. No corporation shall be created by special
law, nor its charter extended, changed, or amended, except
those for charitable, educational, penal, or reformatory pur
poses, which are to be and remain under the patronage aud
control of the State, but thelegislatureshall provide by gen
eral laws for the organizations of all corporations hereafter
to be created. All general laws passed pursuant to this sec
tion may be altered from time to time, or repealed.
Sec 2. No such general law shall be passed by the legis
lature granting the right to construct and operate a street

Cohstitution of Nebraska. 155
railroad within any city, town, or incorporated village,
without first requiringtheconsent of a majority of the elect
ors thereof.
Sec.3. All corporations may sue and be sued in like cases
as natural persons.
Sec 4. In all cases of claims against corporations and
joint stock associations, theexact amount justly due shall be
first ascertained, and after the corporate property shall have
been exhausted, the original subscribers thereof 'shall be in
dividually liable to the extent of their unpaid subscription,
and the liability for the unpaid subscription shall follow the
stock. Sec 5. The legislature shall provide by law thatiu all elec
tions for directors or managers of incorporated compan
ies every stockholder 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 or managers to be
elected, or to cumulate said shares and give one candidate
as many votes as the number of directors multiplied by the
number of his shares of stock shall equal, or to distribute
them upon the same principleamong as many candidates as
he shall think fit; and such directors or managers shall not
be elected in any other manner.
Sec 6. All existing charters or grants of special or exclu
sive privileges under which organization shall not have taken
place, or which shall not be in operation within sixty days
from the time this constitution takes effect, shall thereafter
have no validity or effect whatever.
Sec. 7. Every stockholder in a banking corporation or in
stitution shall be individually responsible and liable to its
creditors, over and above the amount of stock by him held,
to an amount equal to his respective stock or shares so
held, for all its liabilities accruing while he remains such
stockholder; and all banking corporations shall publish
quarterly statements, under oath, of their assets and liabil
ities.
ARTICLE [XIV.] — STATE, COUNTY, AND MUNICIPAL INDEBTED
NESS.
Section 1. TheStatemay.tomeetcasualdeficitsorfailures
in therevenues.contract debts neverto exceed in theaggregate
oue hundred thousand dollars; and nogreater indebtedness
shall be incurred except for purpose of repelling
OITHE invasion, suppressinginsurrection, ordefendingthe
state. State in war; and provision shall be made for the
payment of the interest annually, as it shall accrue,
by a tax levied for thepurpose, orfrom other sources of reve
nue, which law providing for the payment of such interest
by such tax shall be irrepealable until such debt be paid.
Sec. 2. No city, county, town, precinct, municipality

156 Civil Government.
or other subdivision of the State, shall ever make dona
tions to any railroad or other works of internal improve
ment, unless aproposition sotodoshall have been
IFALIC" flr8t submitted to the qualified electors thereof at
HELP an election by authority of law; Provided, That
FOR such donations of a county with the donations of
roads BUCn subdivisions in the aggregate shall not ex-
' ceed ten percent of the assessed valuation of such
county; Provided further, That any city or couuty may, by
a 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 pur
suant to law.
Sec 3. The credit of the State shall never be given or
loaned in aid of any individual, association, or corporation.
ARTICLE [XV.]— MILITIA.
Section 1. The legislature shall determine what persons
shall constitute the militia of the State, and may provide
for organizing and disciplining the same.
ARTICLE [XVI.] — MISCELLANEOUS PROVISIONS.
Section 1. Executive and judicial officers and members
of the legislature, before they enter upon theirofficial duties,
shall take and subscribe the following oath or affirmation:
"I do solemnly swear (or affirm) that I will support the con
stitution of the United States and the constitution of tbe
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 accepted, nor will I accept or
receive, directly or indirectly, any money or other valuable
thing from any corporation, company, or person, or any
promise of office for any official act or influence (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 pre
scribed, 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 in this
State, unless he shall have been restored to civil rights.
Sec 2. Any person who is in default as collector and cus
todian of public money or property, shall not be eligible to
any office of trust or profit under the constitution or lawB
of this State; nor shall any person convicted of felony be
eligible to office unless he shall have been restored to civil
rights.

Constitution of Nebraska. 157
Sec. 3. Drunkenness shall be cause of impeachment and
removal from office. ARTICLE [xvn.] — AMENDMENTS.
Section 1. Either branch of the legislature may propose
amendments to this constitution, 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 at least once each week in
at least one newspaper in each county, where a newspaper is
published, for three 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 submit
ted as to enable the electors to vote on each amendment
separately. Sec. 2. When three-fifths of the members elected to each
branch of the legislature deem it necessary to call a conven
tion to revise, amend, or change this constitution,
S2£" they shall recommend to the electors to vote at
TION the next election of members of the legislature for
TO RE- or against a convention ; and if a majority voting
consh a* 8a^ election vote for a convention, the legisla-
TUTION.tuve shal], at its next session, provide 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 and against the same.
article [xviii.]— schedule.
Section 1. That no inconvenience may arise from the re
visions and changes made in the constitution of this State,
and to carry the same into effect, it is hereby ordained and
declared that all laws 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,
individualsor bodies corporate, shall continue to be asvalid
as if this constitution had not been adopted.
Sec. 2. 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 Nebraska, under this constitution.
Sec. 3. Recognizances, bonds, obligations, and all other

158 Civil Government.
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
liabilities upon the same shall continue: aud all crimes and
misdemeanors shall be tried and punished as though no
change had been made in the constitution of this State.
Sec. 4. All existing courts which are not in this constitu
tion specifically enumerated, and concerning which no other
provision is herein made, shall continue in existence, and
exercise their present jurisdiction until otherwise provided
by law.
Sec 5. All persons now filling any office or appointment
shall continue in the exercise of the duties thereof, accord
ing to their respective commissions, elections, or appoint
ments, unless by this constitution it is otherwise directed.
Sec 6. The district attorneys now in office shall continue
duriug their unexpired terms to hold and exercise the duties
of their respective offices in the judicial districts herein cre
ated, in which they severally reside. In each of the remain
ing districts one such officer shall be elected at the first gen
eral election, and hold his office until the expiration of the
terms of those now in office.
Sec. 7. This constitution shall be submitted to the peo
ple of the State of Nebraska, for adoption or rejection, at
an election to be held on the second Tuesday of October,
a.d., 1875, and there shall be separately submitted at the
same time, for adoption or rejection, the independent arti
cle relating to "Seat of government," and the independent
article "Allowing electors to express their preference for
United States senator."
Sec 8. At said election the qualified electors shall vote
at the usual places of voting, and the said election shall be
conducted and the returns thereof made according to the
laws now in force regulating general elections, except as
herein otherwise provided.
Sec. 9. 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 form's
of returns, and twice as many of properly prepared printed
ballots for the said election as there are voters in such
county, the expense whereof shall be audited and paid as
other public printing ordered by the secretary as 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, iu each election pre
cinct in their respective counties, said blank poll-books,
tally lists, forms of return, and tickets.
Sec 10. At the said election the ballots shall be of the
following form:

Constitution of Nebraska. 159
For the new constitution.
Against the new constitution.
For the article relating to "Seat of government."
Against the article relating to " Seat of government."
For the article "Allowing electors to express their prefer
ence for United States senators."
Against the article "Allowing the electors to express
their preference for United States senators."
Sec. IJ. The returns of the whole vote cast, and of
the votes for the adoption or rejection of this constitu
tion, and for or against the articles respectfully submit
ted shall be made by the several county clerks to the
secretary of state, within fourteen days after the election,
and the returns of the said vote shall within three days
thereafter, be examined and canvassed by the president of
this convention, the secretary of state, and the governor, or
any two of them, and proclamation shall be made forthwith
by the governor, or the president of this convention, of the
result of the canvass.
Sec 12. If it shall appear that a majority of the votes
polled are "for the new constitution," then so much of this
new constitution as was not separately submitted to be voted
on by article shall be the supreme law of the State of Ne
braska, on and after the first day of November, a.d. 1875.
Butif it shall appear that a majority of the votes polled were
"againstthe new constitution,'' the whole thereof, including
the articles separately submitted, shall be null aud void. If
the votes "for the new constitution " shall adopt the same,
and it shall appear that a majority of the votes polled are
for the article relating to the "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 partof the
constitution of this State.
Sec. 13. The general election of this State shall be held
on the Tuesday succeeding the first Monday of November of
each year. All state, district, 'county, precinct, and town
ship officers, by the constitution or laws made elective b;y
the people, except school district officers and municipal of
ficers in cities, villages, and towns, shall be elected at a gen
eral election to be held as aforesaid. Judges of tbe supreme,
district, and county courts, all elective county and precinct
officers, and all other elective officers, the time for the elec
tion 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 of
fice of no county commissioner shall be vacated hereby.

160 Civil Government.
Sec. 14. The terms of office of all state and county of
ficers, or judges of the supreme, district and county courts,
and regents of the university shall begin on the
OF of- first Thursday after the first Tuesday in January
FICE. next succeeding 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. The supreme, district, and county courts estab
lished by this constitution shall be the successors respect
ively of the supreme court, the district courts, and the
probate courts, having jurisdiction under the existing con
stitution. Sec. 16. The supreme, 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 organ
ized. Sec 17. All cases, matters, and proceedings pending and
undetermined in the several courts, and all records, judg
ments, orders, and decrees remaining therein, are hereby
transferred to and shall be proceeded and enforced in and by
the successors thereof respectively.
Sec 18. If this constitution be adopted, the existing con
stitution shall cease in all its provisions on the first day of
November, a.d. 1875.
Sec 19. The provisions of thisconstitutiou required tobe
executed prior to the adoption or rejection thereof shall
take effect and be in force immediately.
Sec 20. The legislature shall pass all laws necessary to
carry into effect the provisions of this constitution.
Sec 21. On the taking 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 affirm
ation to support this constitution.
Sec 22. 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.
Sec 23. The present executive state officers shall continue
in office until the executive state officers provided for in this
constitution shall be elected and qualified.
Sec 24. The returns of the whole vote cast for the judges of
the supreme and district courts, district attorneys, and re
gents of the university, under the first general election, shall
be made by the several county clerks to the secretary of
state within fourteen days after theelection; and the returns
of the said votes shall, within three days thereafter, fie ex
amined and canvassed by the governor, secretary of state,

Constitution of Nebraska. 161
and the president of this convention, or any two of them,
and certificates of election shall forthwith be issued by the
secretary of state to the persons found to be elected.
Sec. 25. The auditor shall draw the warrants of the State
quarterly for the payment of the salaries of all officers under
this constitution, whose compensation is not otherwise pro
vided for, which shall be paid out of any funds not other
wise appropriated.
Sec. 26. Until otherwise provided by law, the judges of
the district court shall fix the time of holding courts in their
respective districts.
Sec. 27. The members of the first legislature under this
constitution shall be elected in the year 1876.
Sec. 28. This constitution shall be enrolled and deposited
in the office of the secretary of state, and printed copies
thereof shall be prefixed to the books containing the laws of
the State, and all future editions thereof.
PROPOSITIONS SEPARATELY SUBMITTED.
ALLOWING ELECTORS TO EXPRESS THEIR PREFERENCE FOR
UNITED STATES SENATORS.
The legislature may provide that at the general election
immediately preceding the expiration of a term of a United
States senator from this State, the electors may by ballot,
express their preference for some person for the office of Uni
ted States senator. Thevotes cast for such candidates shall
be canvassed and returned in the same manner as for state
officers. SEAT OF GOVERNMENT.
The seat of government of the State shall not be removed
or re-located 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 mauner of voting, and places to be voted for,
as may be prescribed by law; Providea, The question of
removal may be submitted at such other general elections
as may be provided by law.
Done in convention at Lincoln, June 12, 1875.
J. L. Webster, President of Convention,
Guv A. Brown, Secretary.

11

INDEX.

Abstracts of votes, 11 8.
Acquisition of territory, 36-
38.
Acres, school land, 119, note
3, 120.
Acts, when in force, 140.
Adjournment, 142.
Administrative business,
Federal, 127-129.
Adobe, 15.
Adoption of constitution,
97.
Adoption of statutes, 53.
Agriculture, 59, 71-73.
Agricultural college, 150.
Aliens, 113, 135.
Alluvium, 15.
Amendments, 157.
American fur trade, 30.
Animal life, 18.
Annual school meeting, 83.
Annual town meeting, 95.
Anti-cyclone, 11.
Antelope, 18.
Antiquity of Nebraska his
tory, 27.
Appeals, U. S. courts, 126;
concerning claims upon
treasury, 152; in general,
147.
Appointment of city officers,
88.
Apportionment, 67, 103,
104, 129, 136.
Appropriations, 57, 140.
Arbor day, 18.
Area of Nebraska, 2.
Area of highest tempera
tures, 7.
Ashley's expedition, 30.
Attacks of Indians, 25.
At large, 88.

Attorney general, 141, 144,
145, 149.
Auditor of public accounts,
141, 144, 161.
Australian ballot law, 102.
Bail, 134.
Ballot, Australian, 102, 116,
Ballots, 117, 118.
Banking system, 129.
Base lines, 79.
Battles, Indian, 23-24.
Beginning of Territory, 39,
40, 49.
Bill of attainder, 135.
Bill of rights, 98, notel;
133-135.
Birds, 19.
Bison, meaning of word, 18.
Blind, institute for, 122.
Blizzard, 10, 11.
Bridges, township organiza
tion, 95.
British Columbia, origin of
storms, 11.
Boards: of equalization,
state, 104; state printing,
105; of transportation,
102, note 2, 105; of public
lands, 104, 144; of state
canvassers, 119.
Bonds, 145 ; state, 155.
Books, school, 84, note 1.
Booths, election, 1.16, note,
117.
Boundaries, of State, 2, 3,
of territory, 47.
Buffalo: hunting, 18, 22;
word used for bison, 18.
Burt, Francis, 19.
Candidates, 114, 115.
Canvassers, state, of elec
tion, 119.

164

Index.

Capital, effect of high rate of
tax upon, 112.
Capital fight, 54, 57; loca
tion of, 161.
Carboniferous rocks, 13.
Care of unfortunates, 122,
124.
Cattle thieving, 25.
Caucus, 114.
Census, 136.
Center of State, elevation of,
5.
Centralized government, 94.
Certificate of citizenship,
116.
Cession of land, bv Indians,
22.
Cession of Louisiana, 37.
Chalk rock, 14.
Challengers, elections, 116.
Chancery, 102, note 1, 146.
Charitable institutions, 122.
Cheyenne River, 6.
Chief justices, 65, note 2,
146.
Cibola, cities of, 27, 28.
Circuit courts, 1 26, 127.
Circuit justices, 126.
Cities, 86-89; executive, 87;
judiciary, 89; growth of,
70; registration of, 115;
residence, 112, 113 ; school
districts, 85.
Citizens, 113, 148.
Civil code, 54.
Civil government of Nebras
ka, 77-161.
Civil service reform, 127-
128.
Civil war, effect on Indians,
24-25.
Clerks, election, 117; hire,
145.
Climate, 1, 7-11.
Coal measures, 12, 13.
Cobb, Amasa, 64, note 2.
Codes, criminal aud civil, re
peal of, 54.
Cold with blizzards, 11.
Colorado group, 14.

Colorado territory, 49.
Commerce between states,
128.
Commissioner, system, 91-
94; districts, 93.
Commissioners: of Dublic
lands, 141, 144, 145; of
school land, 149.
Committee, central, 114; in
legislation, 103; of the
whole, 100, note.
Common schools, 149-151.
Commutation, 143.
Composites in Nebraska, 17.
Compromise of 1850, 41.
Compromise, Missouri, 41.
Corruption of blood, 99,
note 2.
Congress, 129-131.
Congressional: district con
vention, 115; townships,
79.
Congressmen, 129-131.
Constables, 93.
Constitution, 133-161 ;
adoption of,'97; of 1806,
61, 62; of 1871, 63; of
1875, 63, 158; nature of,
97.
Consolidated tax, 110.
Contracts, 135.
Conventions, party, 114,
115.
Corn and wheat, 71, 72, 72,
notel.
Coronado, 27-28.
Coroner, 93, 94.
Corporation, 82, 83; munic
ipal, 154; miscellaneous,
154; powers of, 155; rail
road, 153-154.
Cost, state, 66, 67 ; territory,
56.
Council, of city, 88, 115;
territorial, 45, 52.
Country, population, 70.
Count of Penelosa, 29.
Counting ballots, 1 18.
Courses, university, 121.

' Index.

165

County, 90-95, 152, 153;
board of supervisors, 95;
clerk, 117, 118, coroner,
93, 94; court, 160; judge,
93,147; origin of, 90; sher
iff, 93 ; superintendent, 94,
120, 12l ; taxes, limit,
151, 152; treasurer, 110.
Court, 134, 135, 145; Fed
eral, 120, 127; of impeach
ment, 138, 139.
Covington, elevation, 3.
Criminal code, 54.
Crops, effects of blizzards
upon, 11.
Cuming T. B., acting gov
ernor, 49.
Cyclone, 10, 11.
Dakotas, 23.
Dakota group, 14.
Days, registration, 115,
note 2.
Deaf and dumb, institute
for, 122.
Debt,imprisonmentfor, 135.
Debt of territory, 56.
Debate, liability of mem
bers, 140.
Deer, IS.
Defaulters, public. 156.
Delegation of powers, 96.
Democracy, representation
in, 96; theory of, 96.
Departments ofgovernment,
135.
Desert, Great American, 16.
Descent of property, 135.
Director of school districts,
84.
Direction of storms, 10.
District attorney, 127;
court, 145, 146, 160.
Districts: congressional, 129
-130; commissioner, 93;
Federal courts, 126 ; of the
State, 96, note; school, 82-
85.
Distribution of funds, 1 10.
Distribution of rainfall, 8.
Divides between rivers, 4.

Divisions of townships, 80,
81; into counties, 152.
Dog tax, 111.
"Douglas," Lancaster coun
ty, 58, 68.
Douglas, Stephen A., 40.
Drainage, 5, 6\
Drawing state money, 140.
Drunkenness in public office,
157.
Earliest rocks, 12.
Eastern border, elevation, 3.
Eastern states, rainfall, 8.
Eastern states, size, 2.
Education, 73, 119, 149-
151; provision for inor
ganic act, 45 ; special insti
tutions for, 124.
Effect of Kansas and Ne
braska bill, 41-42.
Elections, 112-119, 135,
159; judges aud clerks of,
92, 93; of city officers, 88;
of commissioners, 93, note
1; returns, 141 .
Electioneering, 116.
Electors, 112-114, 148.
Elevation, 3, 4.
Elk, 18.
Eminent domain, 99, note 3,
154.
Enabling act, 61.
Enacting clause, 137.
Endowment, school, 119,
120.
Error.useof word,99,note4.
Error, writ of, 135.
Evidence, 135.
European countries, size, 2.
Excess of ballots, 118.
Executive, 141-145; general
character, 104; territorial
officers, 44.
Exemptions from taxation,
151.
Expedition : W. H. Ashley,
30; Gen, Fremont, 31;
Lewis and Clark, 30; Ma
jor Long, Samuel Parker,
30.

166

Index.

Expenditure, school, 120,
note 3.
Explorers, 27-29.
Ex post facto lasv, 101, note
1.
Expulsion of members of the
legislature, 137.
Extent of State, 1, 3; of set
tlements, 59.
Extra compensation, 139.
Farm stock, value of, 60.
Features, physical, 1.
Federal relations, 125-131;
courts, 126, 127.
Fertility of soil, 15.
Finances of State, 00; of Ter
ritory, 55-57, 59,60, 151,
152.
Fines, 134. 149-150.
Flora of Nebraska, 15-18.
Folding ballots, 118.
Foreigners, 113.
Forests, 17.
Forfeiture, 99, note 2.
Formation ol State, 61, 62.
Franchise, 112-114, 135,
148, 149.
Freedom of conscience, 133.
Fremont's expedition, 3 I.
French explorations, 29.
Fugitive slave provision, 45,
46.
Funds, school, 149.
Fur trade, 29, 3d.
Funding state debt, 152.
Games of chance, 140.
Gage county, rocks of, 13.
Genoa, Mormons, 34.
General elections, 159.
General legislation, 52, 53.
Geographical townships, 79.
Gerrymandering, 58, 103,
104.
Glacial drift, 15.
Gold hunters, 34, 35.
Governor, Kit, 141-145,
149; message, 142; Black,
16, 61; Cuming, 50; of
State, 65, note 1.

Grades of school districts,
84, 85.
Grasses, 17.
Grasshoppers, 19.
Great American Desert, 15, 16
Great plains, flora of, 17.
Greeley, A. W., 8.
Groups of cretaceous, 14.
Growth of constitutions, 97,
98.
Guide meridians, 78, 79.
Guide parallels, 79.
Gulf of Mexico, 1.
Habeas corpus, 99, note 1,
134, 146.
Haigler, 4.
"Half breed" tract, 22.
High school districts, 84-85.
High area storm, 11.
Highest temperature, 7.
Home for the friendless, 123.
House of representatives, U.
S., 129-131.
Immigration, 58, 59.
Impeachment, 138, 142; of
Gov. Butler, 05, 68, note 3.
Imprisonment, members of
legislature, 137; for debt,
135.
Increase in rainfall, 8; in
lenght of session, 64.
Indians, 22-26; troubles of
1890-91, 26; treatment
of, 24, 25.
Industrial schools, 122-124.
Insane hospitals, 123.
Insects, 19.
Indebtedness of State, etc.,
155.
Internal revenue, 125, note.
Iowa Indians, 23.
Iowa Laws, 53.
James, \V. H., 65.
Jefferson, Thos., 37.
John Brown, 55.
Journal, 137.
Judges: election, 117; of
city, 89; of county, 93, 147.

Index.

167

Judicial districts: of State,
105, 146; convention,
115; of U. S., 126, 127.
Judiciary of State, 65, 105.
Justice of peace, 92, 93, 136,
147.
Justice of supreme court,
138.
Jurisdiction; original, 101,
note 2, 146; of U. S.
courts, 126-127 ; of courts
of State, 145-147.
Jury trial, 134.
Kansas : size 2 ; tornadoes,
11.
Kansas-Nebraska Bill, 39-
43, 44-46.
Labor tax, 111.
Lacotas, 23.
Land of the Quivera, 28.
Lands: survey, 77; of the
State, 140; schools 119,
note 3, 149; exempt from
taxes, 151.
Law: school, 121; of elec
tions, 116.
Leasing school land, 149.
Legal person, 82, 83.
Legal voters, schools, 83.
Legislation, character of;
102-104; of territory, 52,
of State, 64, 65, 137, 138.
Legislative department, 136
-141.
Legislature, 45, 119, note 1,
142.
Leguminosse, 17.
Length of session, 64, 136.
Levy, 110.
Lewis and Clark, 22, 30.
Liability of members of cor
porations, 155.
Librarian, state, 146.
Licenses, 111, 149-150.
Lieutenant governor, 141-
145.
Lincoln, location of capital,
68.
Lines of elevation, 4.

Liquor laws, 54.
Lobbying, 103.
Location of capital, 57, 67,
68, 161.
Locusts, 19, 20.
Loess, 15.
Log rolling, 103.
Longest distance, 3.
Long's expedition, 16, 30.
Lotteries, 140.
Lot, to decide tie, 119.
Louisiana purchase, 36-38.
Low area storm, 10, 11.
Low valuation, 111.
Malfeasance in office, 143.
Mallet brothers, 29.
Mammals, 18.
Mansfield, 4.
Manufactures, 59, 72.
Maps: geology, 13; rivers,
6; elevations, 4; territory,
48, 50; state judicial dis
tricts, 106; congressional
districts, 130.
Marking ballots, 117.
Marquette, Father, 29.
Marl, 15.
Mayor, power of, 89.
Meeting, annual town, 95;
county board of supervis
ors, 95.
Members of Congress, 66,
notes 1 and 2.
Membership, state legisla
ture, 64, 65; territorial
legislature, 52.
Meridians, 77-80.
Merrill, Moses, 31.
Message, 142.
Metropolitan cities, 87-89.
Military, 125, 135, 136, 143,
148, 156.
Milford home, 123.
Minnesota, size, 2.
Missouri Compromise, 40,
41, 46.
Missouri River, 2, 3.
Missouri Indians, 22.
Missouri, state, 11.

168

Index.

Missionaries, 31.
Mississippi River, 36.
Moderator, 84.
Money-bills, 137.
Money of State, 140.
Mormons, 33, 34.
Morton, J. S., 58.
Muck, 15.
Municipal corporations, 86;
rights, 154-155.
Names Platte cmdNebraska,
5.
Napoleon, 37.
Naturalization, 11 3.
Nebraska: Animals, 18;
birds, 19; boundaries, 3,
36; climate, 7; drainage,
5; elevation, 3; explorers,
27-30; flora. 16-18; In
dians, 22-26; insects, 19;
missionaries, 31; name
suggested for Territory,
39, note 1 ; population,
70, note, and 71, note 3;
physical features, 1-20;
rainfall, 8; rocks, 12; set
tlement, 58, 59, 71, note
4; size, 2; slope, 3,4; soils,
15; State, formation of,
61; storms, 10, 11; sur
vey of, 78, 7'.); tempera
ture, 7 ; Territory of, 47-
60; traders, 30; winds, 9.
Nebraska Bill in congress,
39-42.
New ballot law, 116-117.
Niobrara River : elevation,
5; word Niolwara, 5.
No-drainage lands. 6.
Nominations, 1 1-1, 115, 142.
Normal school, 120, note 1,
Northern boundary, 2.
Notaries public, 136.
Noticeof impeachment, 138.
November elections, 159.
Number senators, 136.
Oath of office, 156.
Object of publicinstitutions,
123.

Offenses, criminal, 134,
Officers: election, 117; of
cities, 88; of house of leg
islature, 137, of town,
95, note 1 ; of villages, 87.
Official ballots, 117.
Omaha, elevation, 3; Indi
ans, 22 : smelting works,
72. .
Ogalallas, 23.
Ordinance of 1787, proto
type of Kansas-Nebraska
Bill, 44.
Organic act, 44.
Origin of county, 90.
Original jurisdiction, 101;
note 2, 145.
Otoe Indians, 22.
Pardons, 143.
Parker's expedition, 30.
Party con veiitions. 114, 115.
Parties, effect of Nebraska
Bill upon, 41.
Pawnee Indians, 22, 23.
Peddlers. 111.
Penal institutions. 123, 124.
Penalties, 135, 149, 150.
Penelosa, 29.
Penitentiary. 123.
Permanent home oE locusts,
20.
Permian Age, 13.
Petition, l.'t.l.
Peat, 15.
Physical features, 1.
Pine Ridge, 5.
Plain, great western, 8.
Plant life, 15-18.
Platte, name, 5.
Platte Valley, 4, 5.
Police judge, 89.
Po itical events, (17-69.
Poll tax, 111.
Ponca, 4.
Ponca Indians, 22.
Popular sovereignty, 41,42,
46.
Population, 70, note 1.
Port.s of entry, 1 28.
Position of Nebraska, 1.

Index.

169

Postoffice, 127.
Powers: county commis
sioners, 92; delegation of,
96, 97; mayor, 88, 89;
United States, 125; village
board of trustees, 87, note
1.
Precincts, 94; officers, 92,
93, 136.
President of senate, 144.
Presidential candidates,
115.
Presiding officer of house,
137.
Press, freedom of, 134.
Prevailing winds, 9.
Primaries, 114, 115.
Privileges of members, 138.
Probate judge, 93, 160.
Property, descent of, 135.
Propositions, constitution
of, 63, 75.
Publication of laws, 140,
141.
Public highways, 153.
Public institutions, 122-
124.
Publicity of proceedings,
137.
Punishments, 134.
Qualifications: of members
of the legislature, 138; of
state officers, 141; of su
pervisors of registration,
115, note 1; of voters,
148.
Quivera, land of, 28.
Quorum, 137.
Railroads, 128, 129, 153,
154.
Rainfall, 7, 8.
Range of temperature, 7.
Ranges, 79, 80.
Rank of Nebraska: in crops,
73; in population, 71 ; in
school expense, 73.
Readings of bills, 137, 138.
Reform, civil service, 127,
128.

Reform schools, 122, 123,
124.
Regents, 150, 160.
Registration, 115, 116.
Religious freedom, 133.
Removal of capital, 54, 57.
Removals by governor, 142.
Repeal of laws, 54.
Reporter, supreme court,
146.
Reports, state officers, 144.
Representative district, con
vention, 115.
Representation, democracy,
96.
Representations: in state
legislature. 65 ; of town in
county board, 95.
Reprieves, 143.
Reptiles, 19.
Republican Valley, 6.
Residence, 112, 113, 141.
Resident aliens, 135.
Reservation, 23.
Resources of State, 70-73.
Returns of election, 116,
141.
Revenue, 151-152; of Terri
tory, 56; of State, 67;
school, 120, 121, note 1.
Revision of constitution,
157.
Right of property, 99, note
3.
Rights, 133-135.
Rise in elevation, 4.
River systems, 6.
Road: district, 93; tax, 111.
Hocks, 12-14.
Rocky Mountains: effect on
climate, 1; flora of, 17;
origin of storms in, 10.
Rotten limestones, 14.
St.Louis: court of appeals,
126; fur trade. 30.
Salaries, 145; of judges,
147; of members of legis
lature, 1 .'!(>.
Saloons, election day, 116.

170

Index.

Salt, effect on flora, 17.
Salt springs, 140.
Sample ballots, 117.
Sa.ntee Sioux, 23.
Schedule, 157-161.
School: boards of country
districts, 84; buildings,
cost, 120, note 3; books,
84; county superintend
ent, 94; districts, 82-85;
land, 149; taxes, 107-
112; trustees, 85.
Scirgemot, 92.
Scott's Bluff, 5.
Seal, 145.
Search and seizure, 134.
Season of rainfall, 7, 8.
Seat of government, 161.
Secretary of state, 141, 144,
145, 149.
Sectarian instruction, 150.
Sections, 80.
Sections of school land, 119,
note 3.
Sectional struggle, 57, 68.
Senatorial districts, conven
tions, 115.
Senators: number, state
legislature, 64, 65; United
States, 129.
Serpents, 19.
Sessions, state legislature,
63, note 4, 64, 136. 137.
Settlements, 58, 59 ; by Mor
mons, 33, 34.
Seven cities of Cibola, 27,
28.
Sheriff, 93.
Shire, 90.
Sidewalk tax, 111.
Sidney, 4.
Signing bills, 138.
Sioux, 23.
Situatiou of State, 1.
Sixth principal meridian, 78.
Size of Nebraska, 1 , 2.
Slavery, 40, 41 , 45, 55,133.
Snow with blizzards, ll.
South Dakota, size, 2.
Southern boundary, 3.

Spaniards, 27-29.
Spanish possessionsin Amer
ica, 36.
Speaker of the House, 144.
Special legislation, 52, 53,
139.
Special taxes, 111.
Species of plant life, 16.
Sprinkling tax, 111.
Square miles, 2.
Squatter sovereignty, 41.
State: as a corporation, 96;
board of canvassers, 119,
note 2; boards, 104, 105;
central committee, 114;
citizens of, 113; civil gov
ernment of, 96; finances,
66; formation of, 61, 62;
governors, 65, note 1; ju
dicial districts, 146; judi
ciary, 65, 105; legislature,
64, 65; members of con
gress, 66, notes 1 and 2:
period of, 61-69; resources,
70-73.
Statutory, 97, 98.
Stock of railroads, 153.
Stock raising 72.
Storms, 9-11.
Street railways, 154, 155.
Studies on constitution, 98-
105.
Subjects of bill, 138.
Succession to governorship,
144.
Suffrage, 148, 149.
Suits against and by State,
148.
Suits, United States courts,
126, 127.
Summer school, 121, note2,
4.
Summit of Rockies, 47.
Superintendent: county, 94,
120, 121; state, 141, 144,
145.
Supervisor of registration,
115.
Supervisor system, 91.
Supreme court, 145,160.

Index.

Ill

Surface, character of, 5.
Surveys, 77-81.
Taxation, 107-112, 151;
dog, 111; labor, 111; ped-
lers, toll, 111; school, 85,
120, note, 2; sidewalk,
special, sprinkling, 111.
Teachers, cost of, 120, note
3.
Temperature, 7.
Temporary appointments,
142.
Temporary' school funds,
149.
Term: state and county offi
cers, 160; supreme court,
146; members of legisla
ture, 136; treasurer, 141.
Territory, 47-60.
Teton Sioux, 23.
Ticket, 115.
Tie, county elections, 119.
Time of session, 137.
Time of residence, 112.
Tornadoes, 10, 11.
Towns, 94, note 1, 95.
Town meeting, 95.
Township organization, 94,
95, 136, 153.
Transportation, 99, note 2,
102, note 2.
Treason, 135, 143.
Treasurer: school district,
S4; state, 141,144, 149.
Treaties, 22, 36-38.
Trees, 17.
Trial by jury, 134.
Two legislatures, 62.
Underground railroad, 55.
Uniformity of laws, 147.
United States: citizens of,
113; senators, 161; land
survey, 77-81.
University, 120, note 1, 121,
note 2, 150; extension,
121, note 2, 5.
Utah, size, 2.

Vacancies, 140; in office, 144,
148.
Valleys, elevation, 4, 5.
Valleys, in Nebraska, 5.
Valley of the Niobrara, 5.
Veto power, 143-144.
Village organization, 87,
note 1; trustees, 87.
Villages, number, 71.
Votes, counting, 1.18.
Vote on ad opt ion of cons tit u-
tion'of 1.866, 62; on consti
tution of 1875, 63, note 3.
Vote on Nebraska Bill, 42.
Voting, 135; legislature,
137; corporations, 155.
Voters, those not, 113;
" white," 45.
Wards, 87.
War of 1890-91, 26.
Wealth of Territory, 59.
West, elevation, 5
Western boundary, 3.
Wheat and corn, 71-73, 72,
note 1.
Whig party, destroyed by
Nebraska Bill, 41.
White Earth River as a
boundary, 47, note 1.
White River, 6.
Wilkins secretary of war,
suggests name Nebraska,
39, note 1.
Winds, 8-11.
Winnebago Indians, 23.
" Winter quarters," 33.
Wisconsin, center of fur
trade, 29.
Women and voting. 114.
Writ of error, 135, 99, note
4.
Writ, definition of, 99, note
1.
Written constitution, 97.

3 9002 02413 3804