STATE OF NEBRASKA.
PREAMBLE.
We, the people of Nebraska, grateful to Almighty God tor our free-
dom, in order to secure its blessings, form a more perfect government,
insure domestic tranquility and promote the general welfare, do estab-
lish this Constitution.
A R TICLE I .
DECLARATION OF RIGHTS.
§ I. All men are born ecpially free and independent, and have cer-
tain inherent rights ; among these are life, liberty and the pursuit of
happiness. To secure these rights, governments are institute.; among
men, denying their just powers from the consent of the governed.
§ 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.
§ 3. Every person may freely speak, write and publish his senti-
ments on all subjects, being responsible tor the abuse of that right, and
no laws shall be passed to restrain or abridge the liberty of speech or of
the pres$. In ah criminal prosecutions or indictments for libel the truth
may be given in evidence; and if it shall appear to the jury that the
matter charged as libelous be true, and was published with "good mo-
tives and for justifiable ends, the party shall be acquitted: and the jury
shall have the right to determine the law and the fact.
§ 4. The right of the people peacably to assemble to consult for the
common good, and to petition the government, or any department
thereof, shall never be abridged.
§ 5. The right of trial by jury shall remain inviolate, but the legis-
lature may authorize trial by a jury of a less number than twelve men,
in inferior courts.
§ 6. All persons shall be bailable by sufficient sureties, except for
capital offences, where the proof is evident, or the presumption great.
Excessive bail shall not be required ; nor excessive fines imposed, nor
cruel and unusual punishments* inflicted.
4 THE CONSTITUTION
§ 7. In all criminal prosecutions and in cases involving the life or
liberty of an individual, the accused shall have a right to :i speedy and
public trial by an impartial jury ; to be informed of the accusation
against him ; to have a copy of the same when demanded; to he con-
fronted v\-ith the witnesses agahist him; to have compulsory profess
for hi.-> witnesses ; and to have the assistance of counsel.
^ 8. No person shall he held to answer for a criminal offence unless
on the presentment or indictment of a grand jury except in cases of
impeachment, or in gaseB-eOjgnizable by justices of the peace, or arising
in tin army or navy, or in the militia, when in actual service in time of
war, or public danger ; and no person for the same oftense shall be put
twice in jeopardy of punishment, nor shall be compelled in any criminal
otisc to be a witness against himself. All persons shall before convic-
tion be bailable by sufficient si»eties, except for capital offenses, when
the proof is evident or the presumption great ; and the pri\ ilege of the
writ of habeas corpus shall not lie suspended, unless when, in cases of
rebellion or invasion the public safety may requke.
§ '.'•. All courts shall be open, and every person, for an injury done
him in his land, goods, person or r putation, shall have remedy by due
course of law, and justice ad ed without denial or delay.
§ !0. Treason against the State shall consist only, in levying war
against the same, or in adhering to its enemies, giving them aid and
comfort. No person shall bafl&onvieted of treason unless on the testi-
mony of two witnesses to the sa he overt act, or on confession in open
Court.
g 11. The right of the people to be secure in their persons, houses,
papers, and effects, against unreasonable searches and seizures shall not
tie violated; and ho warrant shall issue but upon probable cause, sup-
ported by oath or affirmation, . particularly describing the place to
be searched, and the person or things to be seized.
§ 12. No bill of attainder, ex-post-facto law, nor any law impairing
the obligation of contracts shall ever be passed ; and no conviction shall
work corruption (A' blood or forfeiture of estate.
§ 13. The property of no person shall be taken for public use with-
out just compensation therefor.
§' 14. No distinction shall ever be made 'by law between resident
aliens and citizens in reference to the possession, enjoyment, or descent
of property.
§ 15. No person shall be imprisoned for debt in any civil action on
mesne or final process, unless in cases of fraud.
§ 16. All men have a naturaj and indefeasible right to worship
Almighty God according to the dictates of their own conscience. No
person shall be compelled to attend, erect,' or support any place of
worship, or maintain any form of wrship against his consent, and no
preference sha.ll be given bylaw to any religious society, nor shall any
interference with the rights of conscience be permitted. No religious
tent shall be required as a qualification for office, nor shall any person
be incompetent to be a witness on account of his religious belief; but
nothing herein shall be construed to dispense with oaths and affirma-
tions. Religion, morality, and knowledge, however, being essential to
OF NEBRASKA. 5
good government, it shall be the duty of the Legislature to pass suitable
laws to protect every religious denomination in the peaceable enjoy-;
ment of its own mode of public worship and to encourage schools and
the means of instruction.
§ 17. The military shall be in strict subordination to the civil power.
§ 18. The writ of error shall be a writ of right in all capital cases,
and shall operate as a supersedeas to stay the execution of the sentence
of death until the further order of the Supreme Court in the premises.
§ 19. The blessings of a free government can only be maintained
by a firm adherence to justice, moderation, temperance, frugality, and
virtue, and by frequent recurrence to fundamental principles.
§ 20. This enumeration of rights shall not be construed to impair or
deny others retained by the people, and all powers not herein delegated
remain with the people.
ARTICLE II.
LEGISLATIVE.
§ 1. The legislative authority of this State shall be vested in a
General Assembly which shall consist of a Senate and 'House of
. Representatives, and the style of every law shall be
"Be it enacted by the Legislature of the State of Nebraska "
§ 2. Every male person of the age Of twenty-one years, or upwards,
belonging to either of the following classes, who shall have resided in ■
the state, county, precinct and ward, for the time provided by law,
shall be an elector : j
First — White citizens of the United States. I
Second — White persons of foreign birth Avho shall have declared
their intention to become citizens conformable to the laws of the United,
States on the subject of naturalization. JJf/
§3. The legislature shall provide by law for an enumeration of th<?» <. C <*
inhabitants of the state in the year one thousand eight hundred ^^
and seventy-five, and at the end of every ten years thereafter; and at
their first session after such enumeration, and also after each enumera-
tion made by the authority of the United States, the Legislature shall
apportion and district anew the members of the Senate and House of
Representatives, according to the number of inhabitants, excluding
Indians not taxed, and soldiers and officers of the United States army
and navy.
§ 4. Senators and Representatives shall be elected bi-ennially, by
the electors in the respective counties or districts, on the second Tues-
day of October. Then- term of office shall commence on the first day
of January next thereafter, and continue two years, except the Senators
and Representatives to the first legislature* under this Constitution,
whose election and term of office shall be as hereinafter provided. /> «
§ 5. The Senators and Representatives shall be chosen by districts ^^tc. *
of convenient, contiguous territory, as compact as may be, to be defined
by law, except as to the first election which is hereinafter provided for, S^ fJCXet. Lj
ict JeX* Xu^c. -A.^/y.-/
G THE CONSTITUTION
^r § 6. Every white male citizen, who shall be a Qualified elector in
S the district which he may be chosen to represent, shall be eligible to a
se.it in the .Legislature.
§ 7. Each House shall be the judge of the election and quali-
fications of its own members, and a majority of each shall consti-
tute a quorum to do business, hut a smaller number may adjourn from
day to day, and may compel the attendance of absent members in such
manner and under such penalties as each i louse may provide.
§ s. The Senate shall consist of thirteen members, and the House
of Representatives shall consist of thirty-nine members and shall not bo
increase 1 for the term often years after the adoption of this Constitu-
tion; Provided, that after the expiration of said ten years, the
Legislature shall have the power to increase the number of senators
and representatives, so as to correspond with the increase of the popu-
lation of the State ; Provided, such number shall at no time be more
than twenty-live in the Senate and seventy-five in the House of Repre-
sentatives.
§ 9. The mode of organizing the House of Representatives at the
commencement of each regular session shall be prescribed by law.
§ 10. Each House shall choose its own officers, may determine its
own rule of proceedings, punish its members for disorderly conduct,
and with the concurrence of two-thirds, expel a member, but not the
second time for the same cause ; and shall have all other powers nec-
essary to provide for its safety and the undisturbed transaction of its
business.
§ 11. Each house shall keep a correct journal of its proceedings,
which shall be published. At the desire of any three members in the
Senate, or any five members in the House, the ayes and nays shall be
entered upon the journal, and on the passage of every bill, in either
house, the vote shall be taken by yeas aud nays, and entered upon
the journal, and no law shall be passed in either -house without the
< incurrence of a majority of all the members elected thereto.
§ 12. The first session of the Legislature under this Constitution
Khali be held on the fourth day of July, one thousand eight hundred
and sixty-six ; and all regular sessions thereafter shall eonfm-ence ori
the first Thursday after the first Monday in January, bi-ennially. But
the Legislature may on extraordinary occasions be convened by proc-
lamation of the Governor, and when so convened shall transact no
business, except such as relates to the objects for which they were
so convened, to be stated in the proclamation of the [Governor.
§ 13. No member of the Legislature shall, during the term for
which he was elected, be appointed or elected to any civil office in the
State which shall have been created, or the emoluments of which shall
have been increased, during the term for which he was elected.
§ 14. No person being a member of congress, or holding any mili-
tary or civil office under the United States, shall be eligible to a seat in
the Legislature; and if any person shall, after his election as a member
of the legislature, be elected to congress, or be appointed to any office,
civil or military, under the Government of the United States, his
acceptance thereof shall vacate his seat.
OF NEBRASKA. 7
§ 15. The Governor shall issue writs of election to fill such vacan-
cies ;is may occur in either house of the legislature.
§ 16. Members of the Legislature shall in all cases, except treason,
felony, or breach of the peace, be privileged from arrest, nor shall they
be subject to any civil process, during the session of the Legislature,
nor for fifteen days next before the commencement, and after the
termination of each session.
§ 17. No member of the Legislature shall be liable in any civil action
or criminal prosecution whatever, for words spoken in debate.
§ 18. Bills may originate in either house ; but may be altered,
amended or rejected in the other.
§ 19. Every bill shall be fully and distinctly read on three different
days, unless, in case of urgency, three-fourths of the house in which it
shall be pending, shall dispense with this rule. No bill shall contain
more than one subject, which shall be clearly expressed in its title ;
and no law shall be revived or amended, unless the new act contain
the entire act revived, and the sections amended ; and the section or
sections so amended shall be repealed.
§ 20. The presiding officer of each House shall sign publicly, in the
presence of the House over which he presides, while the same is in
session and capable of transacting business, all bills and joint resolutions
passed by the Legislature.
§ 21. Each member of the Legislature shall receive for his services
three dollars for each day's attendance during the session, and ten
cents for every mile he shall travel in going to and returning from the
place of the meeting of the Legislature, on the most usual route.
Provided however, That they shall not receive pay for more than forty
days at any one session.
§ 22. The Legislature shall never authorize any lottery, or grant
any divorce.
§ 23. The Legislature shall provide by law that all stationery re-
quired for the use of the State, and all printing authorized and required
by them to be done for their use, or for the State, shall be let by con-
tract to the lowest bidder ; but the Legislature may establish a max-
imum price. No member of the Legislature, or other State officer,
shall be interested, either directly or indirectly, in any such contract.
§ 24. The Legislature shall never grant any extra compensation to
any public officer, agent, servant, or contractor, after the services shall
have been rendered or the contract entered into. Nor shall the com-
pensation of any public officer be increased or diminished during his
term of office.
§ 25. Members of the Legislature, and all officers executive and
judicial, except such inferior officers as may be by law exempted, shall,
before they enter upon the duties of their respective offices, take and
subscribe an oath or affirmation to support the Constitution of the
United States, and the Constitution of the State of Nebraska, and
faithfully to discharge the duties of their respective offices to the best
of their ability.
§ 26. The Legislature shall determine what persons shall constitute
the Militia of the State, and may provide for organizing and disciplining
the same, in such manner as shall be prescribed by law.
8' TiiK CONSTITUTION
§ 27. In all elections bv the Legislature, the numbers thereof
shall vote viva poet, aad tb^ir votes shall be filtered on the
Journal.
§ 28. The House of Representatives shall h;n, v the sole power of
impeachment, but a majority of the members, elected must concur
therein. Impeachments shall be tried by the Senate ; ami the Senators
when sitting for that purpose, shall be upon oath or affirmation to do
justice according to law and evidence. No person shall be convicted
without the concurrence of two-thirds of the Senators.
§ 29. The Governor, Secretary of State, Auditor, Treasurer, and
Judges of the Supreme and District Courts, shall be liable to impeach-
ment for any misdemeanor in office ; but judgment in such cases shall
extend only to removal from office, and disqualification to hold any
office of honor, trust, or profit, under this State ; but the party con-
victed or acquitted, shall nevertheless be liable to indictment, trial and
punishment, according to law. All other civil officers shall be tried for
misdemeanors in office in such manner as the Legislature may provide.
§ 30. No money shall be drawn from the Treasury, except in pur-
suance of a specific appropriation made by law ; and no appropriation
shall be made for a longer period than two years.
§ 31. The Legislature may declare the cases in which any office
shall be deemed vacant, and also the manner of filling the vacancy
where no provision is made for that purpose in this Constitution.
§ 32. The Legislature shall not authorize the borrowing of money
or the issuance of State bonds for any sum exceeding in the aggregate
fifty thousand dollars, without submitting a proposition therefor to a
vote of the people for their approval or rejection, except in case of war
to repel invasion or suppress insurrection.
EXECUTIVE.
§ 1. ThcExecutive Department shall consist of a Grovernor, Secretary
of State, Auditor and Treasurer, who shall be choseu by the electors
of the State on the second Tuesday of October, and at the places of
voting for members of the Legislature.
§ 2. The' Governor, Secretary of State, and Treasurer shall hold
their offices for two years ; and the Auditor for four years. Then-
terms of office shall commence on the second Monday of January next
after their election, and continue until then' successors are elected and
qualified.
§ 3. The returns of every election, for the officers named in the
foregoing section, shall be sealed up and transmitted to the seat of
government, by the returning officers, directed to the President of the
Senate, who, during the first week of the session, shall open and pub-
lish them, and declare the result, in the presence of a majority of the
members of each house of the Legislature.
OF NEBRASKA. 9
The person having the highest number of votes shall be declared duly
elected ; but if any two or more shall be highest and equal in votes
for the same office, cue of them shall be chosen by the joint, vote of
both house?.
| 4. No person except a citizen of the United States and a qualified
elector of the Slate. Shall be eligible to any office provided for by this
Constitution.
§ 5. Should there be no se'ssiori of the Legislature in January next
after an election for any of the officers aforesaid, the returns of such
election shall be made to the Secretary of State, and opened, arid the
result declared by the Governor, in such manner as may be provided
by law.
"§ 6. The supreme executive power of this State, shall be vested in
the Governor.
§ 7. He may require information, in writing, from the officers in the
executive department, upon any subject relating to the duties of their
respective offices ; and shall see that the laws are faithfully executed.
§ 8. He shall communicate at every session, by message to the
Legislature, the condition of the State, and recommend such measures
as he shall deem expedient.
§ 9. He may, on extraordinary occasions, convene the Legislature
by proclamation, and shall state to both houses, when assembled, the
purpose for which they have been convened.
§ 10. In case of disagreement between the two houses in respect to
the time of adjournment, he shall have power to adjourn the Legisla-
ture to such time as he may think proper, but not beyond the regular
meetings thereof.
§ 11. He 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.
§ 12. He shall have power, after conviction, to grant reprieves, com-
mutations and pardons, for all crimes and offences, except treason and
cases of impeachment, upon such conditions as he may think proper ;
subject, however, to such regulations as to the manner of applying for
pardon as may be prescribed by law.
Upon conviction for treason, he may suspend the execution of the
sentence, and report the case to the Legislature, at its next meeting,
when the Legislature shall either pardon, commute the sentence, direct
its execution, or grant a further reprive.
He shall communicate to the Legislature at every regular session,
each case of reprieve, commutation, or pardon granted ; stating the
name and crime of the convict, the sentence, its date, and the date of
the commutation, pardon, or reprieve, with his reasons therefor.
§ 13. There shall be a seal of the State, which shall be kept by the
Governor, and used by him officially ; and shall be called " The Great
Seal of the State of Nebraska."
§ 14. All grants and commissions shall be issued in the name, and
by the authority of the State of Nebraska, sealed with the Great Seal,
signed by the Governor, and countersigned by the Secretary of State.
10 THE CONST; TUTION
§ 15. No member of Congress, or other person holding office under
the authority of this State, or of the United States, shall execute the
office of Governor, except as herein provided.
§ 10. In case of the impeachment of the Governor, his removal
from office, death, resignation, or absence from the State, the powers
and duties of the office shall devolve upon the Secretary of State, until
such disability shall cease, or the vacancy be tilled.
§ 17. If, <Iuring- the vacancy of the office of Governor, the Secre-
tary of State shall be impeached, displaced, resign, die, or be absent
from the State, the powers and duties of the office of Governor shall
devolve upon the President of the Senate ; and should a vacancy occur
by impeachment, death, resignation, or absence from the State of the
President of the Senate, the Speaker of the House of Representatives
shall act as Governor till the vacancy be filled.
§ 18. The Governor shall receive (lining his continuance in office
an annual compensation of one thousand dollars; the Secretary of
Stale, six hundred dollars ; the State Treasurer, four hundred dollars ;
and the State Auditor, eight hundred dollars.
§ 19. Every bill which shall have passed the Legislature, shall be-
fore it becomes a law, be presented to the Governor. If he approve,
he shall sign it; but if not, he shall return it, with his objections, to
that house in which it shall have originated, who shall enter the ob-
jections at large upon the journal, and proceed to reconsider it. If,
after such reconsideration, two-thirds of the members present shall
agree to pass the bill, it shall be sent, together with the objections, to
the other house, by which it shall likewise be reconsidered, and if ap-
proved by two-thirds of the members present, it shall become a law.
But in all such cases, the votes of both houses, shall be determined by
yeas and nays, and the names of the members voting for or against the
bill shall be entered on the journal of each house respectively. If any
bill shall not be returned by the Governor within three days (Sundays,
excepted,) after it shall have been presented to him, the same shall be a
law, unless the Legislature shall by their adjournment prevent its re-
turn, in which case it shall not be a law.
§ 20. The Secretary, Auditor, and Treasurer of State, shall severally
perform such duties, as shall be prescribed by law.
JUDICIARY.
§ 1. The judicial power of the State shall be vested in a Supreme
Court, District Courts, Probate Courts, Justices of the Peace, and such
inferior courts as the Legislature may from time to time establish.
The Supreme Court shall consist of a Chief Justice and two Associate
Justices, any two of whom shall aonstttute a qu nuin, and shall hold a
term of the Supreme Court at the seat of government of the State
annually. Said Supreme Judges shall be elected by the qualified elec-
OP NEBRASKA. 11
tors of the State, at, such time, and in such manner as may be provided
bylaw. Said Justices of the Supreme Court shall hold their office for
the term of six years from the time of their election and until their suc-
cessors shall have been elected and qualified.
§ 2. The State shall be divided into three judicial districts, and the
District Courts shall be held at such times and places as may be pro-
vided by law, and the Legislature shall by law assign the Justices to
hold District Courts in the several districts : Provided, that until the
Legislature shall have provided by law, the Governor shall have author-
ity to make such assignment.
§ 3. The Supreme Court shall have appellate jurisdiction only
except in cases relating to revenue, mandamus, quo warranto, habeas
corpus, and such cases of impeachment as may be required to be tried
before it ; aud both the Supreme and District Courts shall have both
chancery and common law jurisdiction.
| 4. The jurisdiction of the several courts herein provided for, botk
appellate and original shall be as fixed by law, Provided, that Probate
Courts, Justices of the Peace or any inferior court that may be estab-
lished by the Legislature shall not have jurisdiction in any matter
wherein the title or boundaries of land may be in dispute. Nor shall
either of the courts mentioned in this proviso have power to order or
decree the sale or partition of real estate : and Provided, further, that
Justices of the Peace, and such inferior courts as may be established
by the Legislature, shall not have jurisdiction when the debt, or sum
claimed shall exceed one hundred dollars, and the jurisdiction of the
District and Probate courts, and Justices of the Peace shall be uniform
throughout the State.
§ 5. Probate Judges^ Justices of the Peace, and persons holding
inferior courts, herein authorized to be established by the Legislature,
shall be elected by the electors of the several districts for which they
may be elected in the manner and time fixed by law.
§ 6. The salary of the Justices of the Supreme Court shall be two
thousand dollars each per annum and no more ; and all other judicial
officers shall be paid for their services in fees to be prescribed by law.
§ V. The Legislature shall by law provide that on the entry or com-
mencement of any suit in the District Court, the party so commencing
or entering such suit, shall, before the same is so commenced or entered,
pay to the clerk of said District Court the sum of five dollars ; and in
like manner on the entry or commencement of any suit in the Supreme
Court, shall pay the sum of ten dollars to the clerk thereof, which money
so paid, shall be for the use of the State, and shall be paid by said clerks
to the proper offices designated by law, as by law may be required; which
money so received shall be held and esteemed as a judiciary fund, and
to be applied in payment of the salaries of the Justices of the Supreme
Court. Which amounts so paid shall be taxed as costs against the
unsuccessful party, and collected as other costs : Provided, the Legisla-
ture may provide by law for dispensing with the payment of said sums
of money in cases where the party so commencing or entering suit shall
be really unable to pay the same, aud the amount shall in all cases be
taxed and collected as other costs : Provided, also, that the Legislature
12 THE CONSTITUTION
shall have power whenever the amount so redeived shall exceed the
salaries of the Jm'lges of the Supreme Court, to reduce the amount to
be paid so that the gross amount] will not exceed such salaries.
§ 8. The Legislature may, after the year one thousand eight hundred
and seventy -live, increase the number of Justices of the Supreme Court,
and the judicial districts of the State.
§ 0. In all cases heard before the Supreme Court, as an appellate
court, the Justice who may have trie;! such cause in the court below
shall not participate in the decision thereof until the other two Justices,
if present, shall have failed to agree in the decision of such cause,
§ 10. All process, writs, and other proceedings shall run in the name
of" The people, of the Sltate of Nebraska."
FINANCE.
§ 1. No money shall be paid out of the treasury, except in pursu-
ance of an appropriation by law.
§ 2. The credit of the State shall never be given or bound in aid of
any individual, association, or corporation.
§ ii. The Legislature shall provide for an annual tax sufficient to
defray the estimated expenses of the State for each year , and when-
ever the expenses of any year shall exceed the income, the Legislature
shall provide for levying a tax for the ensuing year, sufficient, with
other sources of income, to pay the deficiency, as well as the estimated
expenses of such ensuing year.
§ 4. For the purpose of defraying extraordinary expenditures, the
State may contract public debts; but such debts shall never in the
aggregate exceed fifty thousand dollars. Every such debt shall be
authorized by law, for some purpose or purposes to be distinctly speci-
fied therein ; and the vote of a majority of all the members elected to
each House, to be taken by yeas and nays, shall be necessary to the
passage of such laws ; ami every such law shall provide i'or levying an
annual tax sufficient to pay the annual interest of such debt, and the
principal within ten years from the passage of such law ; and shall
specially appropriate the proceeds of such taxes to the payment of such
principal and interest ; and such appropriation shall not be repealed,
nor the taxes be postponed or diminished until the principal and inter-
est of such debt shall have been wholly paid.
§ 5. The Legislature may also borrow money to repel invasion,
suppress insurrection, or defend the State in time of war ; but the
money thus raised shall be applied exclusively to the object for which
the loan was authorized, or to the re-payment of the debt thereby
created.
§ 6. The State shall never contract any debt for works of internal
improvement, or be a party in carrying on such works ; but whenever
grants of land or other property shall have been made to the State,
especially dedicated by the grant to particular works of internal ini-
OF NEBRASKA. 13
provement, the State may carry on such particular works, and shall
devote thereto the^avails of such grants, and- may pledge or appropriate
the revenues derived from such works in aid of their completion.
EMINENT DOMAIN.
£ 1. The State shall hav,e concurrent jurisdiction on all rivers bor-
dering on this State, so far as such rivers shall form a common boun-
dary to the State, and any other Stale or Territory uow or hereafter to
be formed and bounded by the same, ^.nd the river Missouri, and the
navigable waters leading into the Missouri, and the carrying places
between the same, shall be common highways, and forever free, as well
to the inhabitants of the State as to the citizens of the United States,
without any tax, impost, or duty therefor!
§ 2. The title to all lands and jother property, which, have accrued
to the Territory of Nebraska, by grant, gift, purchase, forfeiture,
escheat or otherwise, shall vest in the State of Nebraska.
§ 3. The people of the State, in their right of sovereignty, are de-
clared to possess the ultimate property in and to all lauds within the
jurisdiction of the State; and all lands the title bo which shall fail from
a defect of heirs, shall revert, or escheat to the people/.
EDUCATION.
§ 1. The principal of all funds arising from" the sale, or other dispo-
sition of lands or other property, graate I or e^. listed to this State for
educational and religious purposes, shall i^ivver be preserved inviolate
and undiminished ; and the income arising therefrom shall be faithfully
applied to the specific objects of the original grants or appropriations.
The Legislature shall make such provisions by taxation or otherwise, as,
with the income arising from the school trust fund, will secure a thor-
ough and efficient system of common schools throughout the State; but
no religious sect or sects, shall ever have any exclusive right to, or con-
trol of any part of the school funds of this State.
§ 2. The university lands, school lands, and all other lands which
have heeu acquired by the Territory of Nebraska, or which may here-
after be acquired by the State of Nebraska for educational or school
purposes, shall not be aliened or sold for a less sum than five dollars per
acre.
CORPORATIONS.
§ 1. The Legislature shall pass no special act conferring corporate
powers.
§ 2. Corporations may be formed wader general laws.
§ 3. The property of corporations, now existing or hereafter created,
*hall forever be subject to taxation, the same as the property of indi-
viduals.
14 THE CONSTITUTION
§ 4- The legislature shall provide for the organization of cities and
incorporated villages by general Laws; and rescue. t their power of
taxation, assessment, borrowing money, contracting debts and loaning
their credits, so as to prevent the abuse of such power.
AMENDMENTS.
§ 1. If at any time a majority of the Senate an<b House of Repre-
sentatives shall deem it necessary to call a convention to Revise or
change this Constitution, they shall recommend to thoVlectors to vote
for or against a convention at the next election for members of the
Legislature ; and if it shall appear that a majority of the electors voting
thereon have voted for a convention, the Legislature shall at its next
session provide for calling such convention.
HO UNO ABIES.
§ 1. The State of Nebraska shall consist of all the territory included
within the following boundaries, to-wit: Commencing at n point form-
ed by the intersection of the western boundary of the Male of Missouri,
with the fortieth degree of north latitude; extending thence due west
along said fortieth degree of north latitude, to a point formed by its
intersection with the twenty-fifth degree of longitude west from Wash-
ington ; thence north along said twenty-fifth degree of longitude, to a
f joint formed by its intersection with the forty-first degree of north
atitude; thence west along said forty-first degree of north latitude to
a point formed by its intersection with the twenty-seventh degree of
longitude west from Washington; thence north along said twenty-
seventh degree of west longitude, to a point formed by its intersection
with the forty-third degree of north latitude; thence : t along said
forty-third degree of north latitude, to the Keya I'ajui ,riv< r : thene<
down the middle of the channel of said river, with its meauderings, to
its junction with the Niobrara River ; thence down the middle of the
channel of said Niobrara River, and following the meauderings thereof
to its junction with the Missouri River; thence down tho middle of the
channel of said Missouri River, and following the meauderings thereof
to the place of beginning.
SCHEDULE.
§ 1. That no inconvenience may arise from the change of territorial
government to a State government, it is declared that all rights, suits,
actions, prosecutions, judgments, recognizances, claims and contracts,
both as respects persons and bodies corporate, shall continue andH*
enforced as if no change had taken place, and all laws now in f«jne
shall remain in force until altered, amended, or appealed by the L<
lature ; Provided, wherever the word Territory shall occur, it shall he
construed to mean State, whenever it may be necessary, in order that
such, laws may conform to the State government.
OF NEBRASKA. 15
§ 2. All debts, fines, penalties, recognizances, and forfeitures, due
and owing to the Territory of Nebraska, shall inure to the benefit of the
State, and all obligations and bonds to the Territory of Nebraska or
any office thereof, shall be esteemed and taken as due and owing to
the State of Nebraska, and may be in such manner enforced.
§ 3. The Governor and all other officers of the Territorial govern-
ment, shall continue to discharge and exercise the duties of their
respective offices, until superseded by the provisions of this Constitu-
tion or the officers appointed or elected by authority of its provisions. *
§ 4. The first election for Governor, Secretary of State, Auditor of J6^ fa ^~
State, one Representative to Congress, the Justices to the Supreme - <-*.
Court, the members of the Senate and House of Representatives, shall -***"" * ~
be held on the second day of June, one thousand eight hundred and
sixty-six, at the places, and in the manner now prescribed by law for
general elections. The members of the Senate shall be elected in and
from the same districts that are now prescribed by law for councilmen
districts. The members of the House of Representatives shall be
elected in and from the same districts that are now prescribed by law,
for members to the House of Representatives of the Territory of Ne-
braska, and all the officers mentioned, to-wit : Senators and Represen-
tatives shall hold their offices until the first Monday in January, A. D.
1867 ; Governor, Secretary of State, State Auditor and Treasurer, until
the second Monday in January, A. D. 1869, and until their successors
are elected and qualified ; the Supreme Judges until the first day of
January, A D. 1873.
§ 5. The first session of the Legislature shall be held at the capitol
in the citv of Omaha, commencing on the fourth day of July, A. I).
1866.
§ 6. This Constitution is formed, ami trie State of Nebraska asks to
be admitted into the Union on an equal footing with the original States
on the cond'Hon and faith of the terms and propositions stated and
specified ii: „n act of congress approved April nineteenth, 1864,
authorising the people of the Territory to form a Constitution a nictate
Government"; the people of the State of Nebraska hereby accepting '
the conditions in said act specified.* 'sW
§ 7. The foregoing Constitution shall be submitted to the %leerorK
of the Territory of Nebraska at an election to be held on the second
day of June in the year one thousand eight hundred and sixty-six, in
the several election districts of this Territory. The ballots at such
elections shall be written or printed as follows :
Those in favor of the Constitution, '» For the Constitution. ,"
Those against the Constitution, "Against Hie Constitution.''''
The polls at said elections shall be opened at the hour of nine o'clock
A. M., and closed at six o'clock P. M., and the returns of said elections
shall be made to the acting Governor of the Territory, who, together
iththe United States District Attorney and Chief Justice of the Ter-
• ft ory, or any two of them, shall canvass the same, and if a majority of
the legal votes shall be cast for said Constitution, the same shall be
the Constitution of Nebraska.
*See Appendix.
16 THE CONSTITUTION
Said Governor shall certify the s; i :•■ t< th< President of the United
States; Provided, that the -said e!< all be conducted and the
returns made in the same manner ajocl nuder the .-ame regulations as
are prescribed by law, in the ease of the election of Territorial "Hirers.
The election returns for the Goverjior, Secretary of Slate, Auditor,
Treasurer and Supreme .fudges, shall be made to the same offices, and
the canvass of such returns made m the same manner :t> is now, pre-
scribed by law for Delegate in Con^res
Resolved by the Conned and Iloux , ' >s< ■.•/<( i in. < of (hi Territory of
Nebraska, That the foregoing Constitution be^ubmitted to t^e qualified
electors of the Territory, for their ;:< ! »ip.tiort or rejection, at an election,
hereby authorized to beheld at the til in die manner specific d in
the seventh (7th) section of the Schedule F id Constitution, and that
the returns and canvass of the vote- | election bemade* as jin
said section prescribed.
JAMES G. '•
Speaker of the House of Representatives.
O. P. MASON, '
President of the Council.
Approved, February 9tli, 1866. ALV1N SATT'NDERS^
a.fpeisidi^:.
The following sections of the Enabling & \ p > Congress, approved April
19th, 1864, and referred to in the foregoing scheduli . ntain the donations o.iVredto
the State of Nebraska :
Sec. 8. And be it further enacted, That, provided the State of Nebraska shall be
admitted into the union in accordance with the fie i 'gojiiig provisions of this act, that,
twenty entire sections of the unappropriated public lands widiiu .-aid State be
selected and located by direction of the legislature (hereof, on or before the flrsl day
of January, anno Domini eighteen^lindfed t.nd sixty-eight, shall bo and they' aire
hereby granted, in legal subdivisions of not lesa than one hundred and sixty acres-, to
said State for the purpose of erecting public buildings ::t the eapi ■''■ State for
legislative and judicial purpose.-, in such manner ;;.- tl | rescribe.
Sec. 9. And be it further enacted, That iil'ty odie-r ■. land, as afore-
sauL to bo selected and located as aforesaid, in leg..', Mibdivisiorif as aforesaid, shall
b^Pmd they are hereby, granted to said State for the purpose of erecting a suitable
buildjrflg for a penitentiary or State prison in the manner aforesaid.
Sec. 10. And be it further enacted, That seventy-two other sections of land shall be
set apart and reserved for the use and support of a State university, to be selected in
manner as aforesaid, and to be appropriated and applied'as the legislature of said
State may prescribe for the purpose named, and for no other purpose.
Sec. 11. And be it further enacted, That all salt springs within said State, not
exceeding twelve in number, with six seetioris of land adjoining, or as contiguous as
may be to each, shall be granted to said Slate for its use, the said land to be selected
by the Governor thereof, within one year after the admission of the Stato, and when
so selected to be used or disposed of on such terms, conditions, and regulations as tho
legislature shall direct: Provided, That no salt spring or lands, the right whereof is
now vested in any individual or individual-, or which hereafter shall be confirmed or
adjudged to any individual or individuals, shall, by this act, be granted to said State.
Sec. 12. And be it further enacted, That five per centum of the proceeds of the
sales of all public lands lying within said State, which have been or shall be sold by
the United States prior or subsequent to the admission of said State into the Union,
after deducting all expenses incident to tho same, ehall be paid to the said Stato for
tho support of common schools.
