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journment of the session at which it passed, unless in case of emergency (to be expressed in the preamble or body of the act) the legislature shall, by a vote of two-thirds of all the members elected to each house otherwise direct. All laws shall be published in book form within sixty days after the adjournment of each session, and distributed among the several counties in such manner as the legislature may provide.Sec. 28. 13Senatorial and representative districts shall continue as now existing, until otherwise provided by law.
ARTICLE IV-EXECUTIVE Section 1. 14The executive officers of the state shall be the governor, lieutenant governor, secretary of state, auditor of public accounts, commissioner of public lands and buildings, treasurer, attorney general, superintendent of public instruction and the heads of such other executive departments as may be established by law. The legislature may provide for the placing of the above named officers as heads over such departments of government as it may by law create. The governor, lieutenant governor, attorney general, secretary of state, auditor of public accounts, commissioner of public lands and buildings and treasurer shall be chosen at the general election held in November, 1922, and in each even numbered year thereafter and their term of office shall be two years and until their successors shall be elected and qualified. The superintendent of public instruction shall be elected in November, 1922, and every four years thereafter, and his term of office shall be four years and until his successor shall be elected and qualified. The records, books and papers of all executive officers shall be kept at the seat of government, and such officers, excepting the lieutenant governor, shall reside there during their respective terms of office,. Officers in the executive department of the state shall perform such duties as may be provided by law. The heads of all executive departments established by law, other than those to be elected as provided herein, shall be appointed by the governor, with the consent of a majority of all the members elected to the senate and house of representatives meeting in joint session, but officers so appointed may be removed by the governor. Subject to the provisions of this constitution, the heads of the various executive or civil departments shall have power to appoint, and remove all subordinate employees in their respective departments.
Sec. 2. 15No person shall be eligible to the office of governor, or lieutenant governor, who shall not have attained the age of thirty years, and who shall not have been five years next preceding his election a resident and citizen of this state and a citizen of the United States. None of the officers mentioned in this article shall be eligible to any other state office during the period for which they have been elected or appointed.
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. 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
131920 amendment strikes out all of Article V--the obsolete legislative apportionment of 1875 and in its stead places this new section. Proposal No. 12.
141920 amendment rewrites this section, adding words in black face and making other minor changes. Proposal No. 13.
151920 amendment adds words in black face. striking out word "two" in 1875 constitution and inserting in lieu thereof the word "five". Proposal No. 13.
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determined by both houses of the legislature, by joint vote, in such manner as way he prescribed by law.Sec. 5. All civil officers of this state shall be liable to impeachment for any misdemeanor in office.
Sec. 6. 16The supreme executive power shall be vested in the governor, who shall take care that the laws be faithfully executed and the affairs of the state efficiently and economically administered.
Sec. 7. 17The governor shall, at the commencement of each session, and at the close of his term of office and whenever the legislature may require, give by message to the legislature information of the condition of the state, and shall recommend such measures as he shall deem expedient. He shall, by message, make to the legislature an account and statement, with vouchers attached, of all moneys received and paid out by him, from any and all funds subject to his order, and, at the commencement of each regular session shall present, by message, a complete itemized budget of the financial requirements of all departments, institutions and agencies of the state for the ensuing biennium. Said budget shall be prepared with such expert assistance and under such regulations as may be provided by law. No appropriations shall be made in excess of the recommendation contained in such budget unless by three-fifths vote of each house of the legislature, and much excess so approved by a three-fifths vote shall not be subject to veto by the governor.
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 majority of all senators elected, voting by yeas and nays), appoint all officers whose offices are established by the 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.
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. 18The governor, attorney general, and secretary of state shall constitute a board to be known as the board of pardons, of which the governor shall be chairman. Said board, or a majority thereof, shall have power to remit fines and forfeitures and to grant commutations, pardons and paroles after conviction and judgment, under such conditions as may be prescribed by law. for any offenses committed against the criminal laws of this state except treason and cases of impeachment. But no fine or forfeiture shall be remitted, and to com-
161920 amendment adds words in black face. Proposal No. 13.
171920 amendment adds words in black face and makes other slight changes.
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mutation, pardon or parole granted. except upon the approval of a majority of the board after a full hearing and place of such hearing, and of the relief sought, shall have been given by personal service thereof upon the judge of the court, by which the sentence was pronounced and the county attorney of the county where the offense was committed. Provided, however, the governor shall have power to grant respites or reprieves in all cases of conviction for offenses against the laws of the state, except treason and cases of impeachment, but such respites or reprieves shall not extend beyond the next meeting of the board of pardons, and in no case for a greater period than thirty days. The proceedings and decisions shall be reduced to writing, and with the reasons for such action in each case, signed by the members of the board concurring therein, and with all papers used upon the hearing, including the dissent of any member who may not concur, shall be filed in the office of the secretary of state. The governor shall communicate to the legislature, at each regular session each case of remission of fine, forfeiture, reprieve, commutation, pardon or parole, granted since the last previous report, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of remission, commutation, pardon, parole or reprieve, with the reasons for granting the same, and the objections, if any, of any members of the board made thereto. The board shall have power to suspend the execution of the sentence imposed for treason until the case can be reported to the legislature at its next session, when the legislature shall either grant a pardon, or commute the sentence or direct the execution, or grant a further reprieve.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. 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 approves 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 shall be determined by yeas and nays to be entered upon the journal. Any bill which shall not be returned by the governor within five days (Sundays excepted). after it shall have been presented to him, shall become a law in like manner as if he had signed it; unless the legislature by their adjournment prevents its return; in which case it shall be filed, with his objections in the office of the secretary of state within live 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 repassed in the manner herein prescribed in cases of disapproval of bills.
Sec. 16. In case of the death, impeachment and notice thereof to the accused failure to qualify, resignation, absence from the state, or other disability of the governor, the 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
181920 amendment rewrites entire section creating by constitution a board of pardons defining its powers, and taking away from the governor the general grant pardoning power given in the 1875 constitution. Proposal No. 13.
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vote only when the senate is equally divided.Sec. 18. 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. 19There shall be a "board of control" of state institutions consisting of three members who shall be appointed by the governor by and with the consent of two-thirds of the members of the senate. Not more than two of the members of said board shall belong to the same political party and no two of. them shall reside in the same congressional district when appointed. They shall be appointed for a term of six years, except to fill vacancy which shall be for the unexpired term. The present members shall hold office until their successors are appointed, and one member shall be appointed in the month of January, 1921, and one every two years thereafter. The board of control shall have full power to manage, control and govern, subject only to such limitations as may be established by law, all state charitable, reformatory and penal institutions that now are or may hereafter be established. They shall give such bonds, receive such salaries and perform such duties as may be provided by law.
Sec. 20. 20There shall be a state railway commission, consisting of three members, who shall be first elected at the general election in 1906, whose terms of office, except those chosen at the first election under this provision, shall be six years, and whose compensation shall be fixed by the legislature. Of the three commissioners first elected, the one receiving the highest number or votes, shall hold his office for six years, the next highest four years, and the lowest two years. The powers and duties of such commission shall include the regulation of rates, service and general control of common carriers as the legislature may provide by law. But, in the absence of specific legislation, the commission shall exercise the powers and perform the duties enumerated in this provision.
Sec. 21. 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. 22. 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. 23. The officers of the executive department and of all the public institutions of the state shall at least ten days preceding each regular session of the legislature severally report to the governor, who shall 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 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, managers of state institutions, upon any subject relating to the condition, management and expenses of their respective offices.
Sec. 24. 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.
191912 adopted. Vote 174,939 for; 25,439 against
1920 constitutional convention rewrote and greatly condensed this part of the constitution changing the name 6f the board, but otherwise not materially altering. Proposal No. 13.
201906 adopted. Vote 147,472 for; 8,896 against.
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Sec. 25. 21The officers provided for in this article shall receive such salaries as may be provided by law, but the salary of no officer shall be changed more than once in eight years. Such officers or such other officers as may be provided for by law, shall, not receive for their own use any fees, costs, or interest upon, public moneys in their hands. All fees that may hereafter be payable by law for services performed, or received by an officer provided for, in this article, by virtue of his office shall be paid forthwith into the state treasury.Sec. 26. The officers mentioned in this article shall give bond in not less than double the amount of money that may come into their hands, and in no case 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. 27. 22No executive state office other than herein provided shall be created except by a two-thirds majority of all members elected to the senate and house of representatives respectively.
Sec. 28. 23A tax commissioner shall be appointed by the governor with the advice and consent of the senate. He shall have jurisdiction over the administration of the revenue laws of the state, and together with the governor, secretary of state, state auditor and state treasurer shall have power to review and equalize assessments of property for taxation within the state. He shall have such other powers and perform such other duties as the legislature may provide. His term of office and compensation shall be as provided by law.
ARTICLE V--JUDICIAL. Sec. 1. 24The Judicial power of the state shall be vested in a supreme court, district courts, county courts, justices of the peace, and such other courts inferior to the supreme court as may be created by law; but other courts may be substituted by law for justices of the peace within such districts, and with such additional civil and criminal jurisdiction, as may be provided by law.
Sec. 2. 25The supreme court shall consist of seven judges, one of whom shall be the chief justice. A majority of the judges shall be necessary to constitute a quorum. A majority of the members sitting shall have authority to pronounce a decision except in cases involving the constitutionality of an act of the legislature. No legislative act shall be held unconstitutional except by the concurrence of five judges. The supreme court shall have jurisdiction in all cases relating to
211920 constitutional convention rewrote this section (Proposal No. 13) which formerly read as follows:
"Sec. 24. The salaries of the governor, auditor of public accounts and treasurer shall be two thousand five hundred dollars each per annum, and of the secretary of state, attorney general, superintendent of public instruction, and commissioner of public lands and buildings, shall be two thousand dollars each per annum. The lieutenant governor shall receive twice the compensation of a senator, and after the adoption of this constitution, they shall not receive to their own use any fees, costs, 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."
221920 constitutional convention rewrote this section (Proposal No 13) which formerly read as follows
"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."
231920 constitutional convention proposed this section. New matter. Proposal No. 14.
241920 constitutional convention rewrote this section (Proposal No. 15) which formerly read as follows
"Sec. 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."
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the revenue, civil cases in which the state is a party, mandamus, quo warranto, habeas corpus, and such appellate jurisdiction as may be provided by law. Whenever necessary for the prompt submission and determination of causes, the supreme court may appoint judges of the district court to act as associate judges of the supreme court, sufficient in number, with the judges of the supreme court, to constitute two divisions of the court of five judges in each division. Whenever judges of the district court are so acting the court shall sit in two divisions, and four of the Judges thereof shall be necessary to constitute a quorum. Judges of the district court so appointed shall serve during the pleasure of the courts and shall have all the powers of judges of the supreme court, The chief justice shall make assignments of judges to the divisions of the court, and shall preside over the division of which he is a member, and designate the presiding judge of the other division. The judges of the supreme court, sitting without division, shall hear and determine all cases involving the constitutionality of a statute, and all appeals from convictions of homicide; and may review any decision rendered by a division of the court. In such cases, in the event of the disability or disqualification by interest or otherwise, of any of the judges of the supreme court, the court may appoint judges, of the district court to sit temporarily as judges of the supreme court, sufficient to constitute a full court of seven judges. Judges of the district court shall receive no additional salary by virtue of their appointment and service as herein provided; but they shall be reimbursed their necessary traveling and hotel expenses.Sec. 3. At least two terms of the supreme court shall be held each year, at the sent of government.
Sec. 4. 26The chief justice of the supreme court shall be elected by the electors of the state at large. The judges of the supreme court, other than the chief justice, shall be elected by the electors of the districts as herein provided. The term of office of judges of the supreme court shall be six years during which they shall reside at the place where the court is holden; but no judge of the supreme court now in office or hereafter shall be deemed thereby to have lost his residence at the place from which he was elected.
Sec. 5. 27The legislature shall divide the state along county lines into six compact districts, of approximately equal population, which shall be numbered from one to six, consecutive numbers to be given adjacent districts. Such districts shall correspond, as nearly as may, be practicable, in location and numbers with the present six congressional districts of the state. Such districts shall not be changed except upon the concurrence of two-thirds of the members of each house of the legislature, nor shall any such change vacate the office of any judge. Until such districts are established, the six congressional districts of the state as now constituted and numbered shall be the supreme court judicial districts.
A chief justice shall be elected in the year 1920 and each six years thereafter; in the year 1922, and each six years thereafter, there shall be elected by the electors of each of the three even numbered districts one judge of the supreme court; and the judges so elected shall be the successors of the judges whose terms of office expire in January, 1923; in the year 1924, and each six years thereafter, there shall be elected by the electors of each of the three odd numbered districts one judge of the supreme court, and the judges so elected shall be the successors of the judges whose terms of office expire in January, 1925.
251908 amended by increasing number of judges from three to seven, increasing salary from $2,500 to $4,500 changed time of election. Adopted by vote 214,218 for; 16,271 against.
1920 Constitutional convention rewrote entire judicial article. Proposals Nos. 15 and 16.
261920 constitutional convention rewrote this section (Proposal No. 17). 1875 section read as follows:
"Sec. 4. The judges of the supreme court shall be elected by the electors of the state at large; and their term of office except as hereinafter provided shall be six years. And said supreme court judges shall during their term of office, reside at the place where the court is holden."
271920 constitutional convention--first paragraph new matter entirely. Proposal No. 17.
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Sec. 6. 28The chief justice shall preside at all terms and sittings of the supreme court, and in his absence or disability the judges present shall select one of their number chief justice pro tempore.Sec. 7. 29No person shall be eligible to the office of chief justice or judge of the supreme court unless he shall be at least thirty years of age, and a citizen of the United States, and shall have resided in this state at least three years next preceding his election; nor, in the case of a judge of the supreme court elected from a supreme court judicial district, unless he shall be a resident and elector of the district from which elected.
.Sec. 8. 30There shall be appointed by the supreme court, a clerk and a reporter of the court, each of whom shall hold his office for a term of six years, unless sooner removed by the court, and their salaries shall be fixed by law; the clerk shall also act as librarian of the law and miscellaneous library of the state.
The court shall also appoint such clerical help as may be needed for the proper dispatch of the business of the court. The court shall prepare and recommend to each session of the legislature a budget of the estimated expenses of the court for the ensuing biennium. The copyright of the state reports shall remain forever the property of the state.
Sec. 9. The district court 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. 31The state shall be divided into district court judicial districts. Until otherwise provided by law, the boundaries of the judicial districts and the number of judges of the district courts shall remain as now fixed. The judges of the district courts shall be elected by the electors of the respective districts, and their term of office shall be four years.
Sec. 11. 32The concurrence of two-thirds of the members elected to each house of the legislature shall be required to change the number of judges of the district courts, or to alter the boundaries of judicial districts. Such change in number or alterations in boundaries shall not vacate the office of any judge. Such districts shall be formed of compact territory bounded by county lines.
Sec. 12. 33The judges of the district court may hold court for each other and shall do so when required by law or when ordered by the supreme court.
Sec. 13. 34The chief justice, the judges of the supreme court and the judges of the district court shall receive such salaries as may be provided by law.
Sec. 14. 35No judge of the supreme or district courts shall act as attorney or counsellor at law in any manner whatsoever. No county judge shall practice law in any court in any matter arising in or growing out of any proceedings in his own court.
Sec. 15. 36In the year 1920 and every four years thereafter there shall be elected in and for each county one judge, who shall be judge of the county court
281920 constitutional convention added words in black face. Proposal No. 15.
291920 constitutional convention added matter in black face. Proposal No. 15.
301920 constitutional convention provided for two officers instead of one and cut out limitation of salary to $1,500. Proposal No. 15
311920 constitutional convention rewrote this section, omitting the obsolete 1875 judicial apportionment. Proposal No. 15.
321920 constitutional convention rewrote this section, but made no Important change in content. Proposal No. 15.
331920 constitutional convention added words in black face. Proposal No. 15
341920 constitutional convention struck out old salary schedule of $4,500 for supreme court and $3,000 for district court judges. (See general salary schedule, Art XIV. Sec. 3.) Proposal No. 15.
351920 constitutional convention rewrote this section (Proposal No. 15). 1875 section read as follows:
"Sec. 14. No Judge of the supreme or district courts shall receive any other compensation, perquisite, or benefits, for or on account of his office, in any form whatsoever. nor act as attorney or counsellor at law in any manner whatever, nor shall any salary be paid to any county judge."
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