District No. 49. and the unorganized Pistrict No. 50. District No. 51. District No. 52. sentative. Shall consist of the counties of Cheyenne, Keith, Dundy, Chase, Hitchcock, Red Willow, ARTICLE V.—EXECUTIVE DEPARTMENT. SECTION 1. [Officers.]—The executive department shall consist of a governor, lieutenant-governor, secretary of state, auditor of public accounts, treasurer, superintend ent of public instruction, attorney-general, and commissioner of public lands and buildings, who shall each hold his office for the term of two years from the first Thursday after the first Tuesday in January next after his election, and until his successor is elected and qualified; Provided, however, that the first election of said officers shall be held on the Tuesday succeeding the first Monday in November, 1876, and each succeeding election shall be held at the same relative time in each even year thereafter. The governor, secretary of state, auditor of public accounts, and treasurer, shall reside at the seat of government during their terms of office, and keep the public records, books and papers there, and shall perform such duties as may be required by law. SEC. 2. No person shall be eligible to the office of governor, or lieutenantgovernor, who shall not have attained to the age of thirty years, and been for two years next preceding his election a citizen of the United States and of this state. None of the officers of the executive department shall be eligible to any other state office during the period for which they shall have been elected. SEC. 3. The treasurer shall be ineligible to the office of treasurer for two years next after the expiration of two consecutive terms for which he was elected. SEC. 4. [Election-Canvass; contest.]-The returns of every election for the officers of the executive department shall be sealed up and transmitted by the returning officers to the secretary of state, directed to the speaker of the house of representatives, who shall, immediately after the organization of the house, and before proceeding to other business, open and publish the same in the presence of a majority of each house of the legislature, who shall, for that purpose, assemble in the hall of the house of representatives. The person having the highest number of votes for either of said offices shall be declared duly elected; but if two or more have an equal and the highest number of votes, the legislature shall, by joint vote, choose one of such persons for said office. Contested elections for all of said offices shall be determined by both houses of the legislature, by joint vote, in such manner as may be prescribed by law. SEC. 5. All civil officers of this state shall be liable to impeachment for any misdemeanor in office. SEC. 6. The supreme executive power shall be vested in the governor, who shall take care that the laws be faithfully executed. SEC. 7. The governor shall, at the commencement of each session, and at the close of his term of office, and whenever the legislature may require, give to the legislature information by message, of the condition of the state, and shall recommend such measures as he shall deem expedient. He shall account to the legislature, and accompany his message with a statement of all moneys received and paid out by him from any funds subject to his order, with vouchers, and, at the commencement of each regular session, present estimates of the amount of money required to be raised by taxation for all purposes. SEC. 8. [Extra session.]-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. Proclamation calling the legislature together may be revoked before legislature meets. 3, 413. SEC. 9. [Proroguing Legislature.]-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. [Appointments.]—The governor shall nominate, and, by and with the advice and consent of the senate (expressed by a majority of all the senators elected voting, by yeas and nays), appoint all officers whose offices are established by this constitution, or which may be created by law, and whose appointment or election is not otherwise by law or herein provided for; and no such officer shall be appointed or elected by the legislature. Power to appoint physician to the penitentiary vested in governor. 7, 42. Governor appoints officers of state institutions. 18, 340 (25 N. W. 342) 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 office; and any person so nominated, who is confirmed by the senate (a majority of all the senators elected concurring by voting yeas and nays), shall hold his office during the remainder of the term, and until his successor shall be appointed and qualified. No person, after being rejected by the senate, shall be again nominated for the same office at the same session, unless at request of the senate, or be appointed to the same office during the recess of the legislature. SEC. 12. The governor shall have power to remove any officer whom he may appoint, in case of incompetency, neglect of duty, or malfeasance in office, and he may declare his office vacant, and fill the same as herein provided in other cases of vacancy. SEC. 13. The governor shall have the power to grant reprieves, 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, direct 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 same to execute the laws, suppress insurrection, and repel invasion. SEC. 15. [Veto power.]-Every bill passed by the legislature, before it becomes 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 governor. If he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it, with his objections, to the house in which it shall have originated, which house shall enter the objections at large upon its journal, and proceed to reconsider the bill. If then three-fifths of the members elected agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by three-fifths of the members elected to that house, it shall become a law, notwithstanding the objections of the governor. In all such cases, the vote of each house shall be determined by yeas and nays, to be entered upon the journal. Any bill which shall not be returned by the governor within five days (Sunday excepted), after it shall have been presented to him, shall become a law, in like manner as if he had signed it, unless the legislature, by their adjournment, prewent 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 adjournment, 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 stricken therefrom, unless re-passed in the manner herein prescribed in cases of disapproval of bills. Bill retained by governor more than three days under constitution of 1867 became a law notwithstanding soon after he received it the legislature adjourned from March 29 to May 30. Adjournment referred to is an adjournment sine die. 11, 377 (9 N. W. 477). SEC. 16. [Vacancy; succession.]-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 powers, duties, and emoluments of the office for the residue of the term, or until the disability shall be removed, shall devolve upon the lieutenant-governor. SEC. 17. The lieutenant-governor shall be president of the senate, and shall vote only when the senate is equally divided. SEC. 18. [Succession.]—If there be no lieutenant-governor, or if the lieutenant-governor, for any of the causes specified in section sixteen of this article, become incapable of performing the duties of the office, the president of the senate shall act as governor until the vacancy is filled, or the disability removed; and if the president of the senate for any of the above named causes, shall become incapable of 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 control of all the buildings, grounds and lands of the state, the state prison, asylums, and all other institutions thereof except those for educational purposes; and shall perform such duties, and be subject to such rules and regulations, as may be prescribed by law. Board cannot appoint and remove officers of state institutions. Institution for blind does not lie within the exception. 6, 290. See 7, 45. SEC. 20. If the office of auditor of public accounts, treasurer, secretary of state, attorney-general, commissioner of public lands and buildings, or superintendent of public instruction, shall be vacated by death, resignation, or otherwise, it shall be the duty of the governor to fill the same by appointment; and the appointee shall hold 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 severally 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 punished accordingly. SEC. 22. The officers of the executive department, and of all the public institutions of the state, shall, at least ten days preceding each regular session of the legis lature, severally report to the governor, who shall transmit such reports to the legislature, together with the reports of the judges to the supreme court, of defects in the constitution and laws, and the governor, or either house of the legislature, may, at any time, require information in writing, under oath from the officers of the executive department, and all officers and managers of state institutions, upon 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 public instruction, and commissioner of public lands and buildings, shall be two thousand ($2,000) dollars each per annum. The lieutenant-governor shall receive twice the compensation of a senator, and after the adoption of this constitution they shall not receive to their own use any fees, costs, interest upon public moneys in their hands or under their control, perquisites of office or other compensation, and all fees that may hereafter be payable by law, for services performed by an officer, provided for in this article of the constitution, shall be paid in advance into the state treasury. There shall be no allowance for clerk hire in the offices of the superintendent of public instruction and attorney-general. Office of auditor and commissioner of public lands and buildings might be held by one person until Jan. 1, 1877. 9, 466 (4 N. W. 72). Secretary of state may hold office of adjutant-general and draw salary appropriated therefor by the legislature. 4, 243. All fees earned or collected by auditor belong to the state, and certain fees received from insurance companies are no exception. 12, 175 (10 N. W. 703). "Clerk" has its common law meaning, and it does not include deputy or stenographer. 25, 669 (41 N. W. 643). 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 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 be continued or created, and the duties now devolving upon officers not provided for by this constitution shall be performed by the officers herein created. Does not prohibit appointment of deputies by state officers. 25, 662 (41 N. W. 643). Office of adjutantgeneral not an executive office. 4, 243. Office of land commissioner continued. 9, 466 (4 N. W. 72). ARTICLE VI.-THE JUDICIAL DEPARTMENT. SECTION 1. The judicial power of this state shall be vested in a supreme court, district courts, county courts, justices of the peace, police magistrates, and in such other courts inferior 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 majority of whom shall be necessary to form a quorum, or to pronounce a decision. It shall have original jurisdiction in cases relating to the revenue, civil cases in which the state shall be a party, mandamus, quo warranto, habeas corpus, and such appellate jurisdiction as may be provided by law. Process may be issued by supreme court for a defendant anywhere in the state in a quo warranto case. 28, 455 (44 N. W. 471). Does not give court original equitable jurisdiction in a criminal case. 25, 347 (41 N. W. 249). Have jurisdiction in action by state to wind up a bank. 28, 682 (44 N. W.998). 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 office, except of those chosen at the first election, as hereinafter provided, shall be six years. SEC. 5. The judges of the supreme court shall immediately after the first election under this constitution, be classified by lot, so that one shall hold his office for the term of two years, one for the term of four years, and one for the term of six years. SEC. 6. The judge of the supreme court having the shortest term to serve, not holding his office by appointment or election to fill a vacancy, shall be the chief justice, and as such shall preside at all terms of the supreme court; and in case of his absence, the judge having in like manner the next shortest term to serve shall preside in his stead. SEC. 7. 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 copyright 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.* District court given both equity and common law jurisdiction. 6, 85. If the legislature confers a right upon any citizen, and provides no special tribunal for its enforcement, jurisdiction to enforce the same devolves upon the district court. 13, 398 (14 N. W. 394). SEC. 10. The state shall be divided into six judicial districts, in each of which shall be elected by the electors thereof, one judge, who shall be judge of the district court therein, and whose term of office shall be four years. Until otherwise provided by law, said districts shall be as follows: First District-The counties of Richardson, Johnson, Pawnee, Gage, Jefferson, Saline, Thayer, Clay, Nuckolls and Fillmore. Second District. The counties of Nemaha, Otoe, Cass and Lancaster. Third District. The counties of Douglas, Sarpy, Washington and Burt. Fourth District. The counties of Saunders, Dodge, Butler, Colfax, Platte, Polk, Merrick, Hamilton, York, Seward, Hall and Howard. Fifth District. The counties of Buffalo, Adams, Webster, Franklin, Harlan, Kearney. Phelps, Gosper, Furnas, Hitchcock, Dundy, Chase, Cheyenne, Keith, Lincoln, Dawson, Sherman, Red Wihow, Frontier, and the unorganized territory west of said district. Sixth District. The counties of Cuming, Dakota, Dixon, Cedar, Wayne, Stanton, Madison, Boone, Pierce, Knox, Antelope, Holt, Greeley, Valley, and the unorganized territory west of said district. Unorganized territory attached to a county for "election, judicial and revenue" purposes is, for such purposes, a part of such county, and the district court sitting in that county has jurisdiction over crimes committed in said unorganized territory. 12, 380 (11 N. W. 494). SEC. 11. The legislature, whenever two-thirds of the members elected to each house shall concur therein, may, in or after the year one thousand eight hundred and eighty, and not oftener than once in every four years, increase the number of judges of the district courts, and the judicial districts of the state. Such districts shall be formed of compact territory, and bounded by county lines; and such increase, or any change in the boundaries of a district, shall not vacate the office of any judge. Legislature may provide additional judge or judges for districts when needed. 18,416 (25 N.W. 585). Power of the legislature to increase the number of judges in one district does not exhaust the power of increasing in subsequent years in other districts. 21, 659 (33 N. W.426). SEC. 12. The judges of the district courts may hold courts for each other, and shall do so when required by law. See 14, 539 (17 N. W. 117). Power of district judge to hold court in district other than that for which he was elected does not depend upon any condition except the consent of the proper judge. 8, 484 (1 N. W. 454). 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 counselor-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. This term cannot be shortened by the legislature. 16, 568 (20 N. W. 875). SEC. 16. County courts shall be courts of record, and shall have original jurisdiction in all matters of probate, settlements of estates of deceased persons, appointment of guardians and settlement of their accounts, in all matters relating to apprentices; and such other jurisdiction as may be given by general law. But they shall not have jurisdiction in criminal cases in which the punishment may exceed six months imprisonment, or a fine of over five hundred dollars; nor in actions in which title to real estate is sought to be recovered, or may be drawn in question; nor in actions on mortgages or contracts for the conveyance of real estate; nor in civil actions where the debt or sum claimed shall exceed one thousand dollars. All provision applicable to courts of record applicable to county courts. 12, 160 (10 N. W. 536). Have no jurisdiction over election contest in city on internal improvements. 13, 98 (14 N. W. 394). Statute which authorized district courts to distribute estates of decedents was not in conflict with this section. 12, 280 (11 N. W. 313). County judges and justices have jurisdiction to recover back money paid upon the purchase of real estate. 20, 50 (28 N. W. 847). *See act changing judicial districts, post, chap. 3. |