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of such county, whose term of office shall be four years and whose salary shall be fixed by law.Sec. 16. 37County courts shall be courts of record, and shall have original jurisdiction in all matters of probate, settlement of estates of deceased persons and in such proceedings to find and determine heirship; appointment of guardians, and settlement of their accounts; 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 or over five hundred dollars, or both; nor in civil actions in which title to real estate to sought or drawn in question; nor in actions on mortgages or contracts for the conveyance of real estate; nor in civil, actions where the debt or sum claimed shall exceed one thousand dollars.
Sec. 17. Appeals to the district court from the judgments of county courts shall be allowed in all criminal cases, on application of the defendant; and in all civil cases, on application of either party, and in such other cases as may be provided by law.
Sec. 18. 38Justices of the peace shall be elected in and for such districts for such term and have and exercise such jurisdiction as may be provided by law; but no justice of the peace shall have jurisdiction in any civil case where the amount in controversy shall exceed two hundred dollars; nor in a criminal case where the punishment may exceed three months imprisonment, and a fine of over one hundred dollars or both; nor in any matter wherein the title or boundaries of land way be in dispute,
Sec. 19. 39The organization, jurisdiction, powers, proceedings, and practice of all courts of the same class or grade, so far as regulated by law and the fore* and effect of the proceedings, judgments and decrees, of such courts, severally, shall be uniform.
Sec. 20. 40All officers provided for in this article shall hold their offices until their successors shall be qualified and they shall respectively reside in the district, county or precinct from which they shall be elected or appointed. All officers, when not otherwise provided for in this article, shall perform such duties and receive such compensation as may be prescribed by law.
Sec. 21. 41In case the office of any judge of the supreme court or any district court shall become vacant before. the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the governor, for the unexpired term, and until a successor shall be elected and qualified.
Vacancies in all other elective offices shall be filled by election, but when the unexpired term does not exceed two years the vacancy may be filled by appointment in such manner as the legislature may provide.
Sec. 22. The state may sue and be sued, and the legislature shall provide by law in what manner and in what courts suits shall be brought.
Sec. 23. The several judges of the courts of record shall have such jurisdiction at chambers as may be provided by law.
Sec. 24. All process shall run in the name of "The State of Nebraska," and all prosecutions shall be carried on in the name of "The State of Nebraska."
Sec. 25. 42For the effectual administration of justice and the prompt disposi-
361920 constitutional convention changed term of county judge from two to four years. Proposal No. 15.
371920 constitutional convention added matter in black face, struck out the words giving jurisdiction "in all matters relating to apprentices" and slightly changed the arrangement. Proposal No. 15.
381920 constitutional convention added words in blackface and struck out the words "and police magistrates" after "justices of the peace." Proposal No. 15.
391920 constitutional convention struck out the words "all laws relating to courts shall be general and of uniform operation." Proposal No. 15.
401920 constitutional convention cut out the sentence: "The terms of office of all such officers, when not otherwise prescribed in this article. shall be two years." Proposal No. 15.
411920 constitutional convention added words in black face, making two years instead of one year the limit of a vacancy appointment and making the Governor-appointment good for the entire unexpired term. Proposal No. 15.
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tion of judicial. proceedings, the supreme court may promulgate rules of practice and procedure for all courts, uniform as to each class of courts, and not in conflict with laws governing such matters. To the same end, the court may, and when requested by the legislature by Joint resolution, shall certify to the legislature, its conclusions as to desirable amendments or changes in the general laws governing such practice and proceedings.Sec. 26. 42If the foregoing amendment shall be adopted by the electors, all existing courts which are not in the foregoing amendment specifically enumerated and concerning which no other provision is herein made, shall continue in existence and exercise their present jurisdiction, and the judges thereof shall receive their present compensation, until otherwise provided by law; and such judges or appointees to fill vacancies shall hold their offices until their successors shall be elected and qualified.
ARTICLE VI--SUFFRAGE. Sec. 1. 43Every citizen of the United States, who has attained the age of twenty-one years, and has resided within the state for six months and within the county and voting precinct for the terms provided by law, shall be an elector.
Sec. 2. No person shall be qualified to vote who is non compos mentis, or who has been convicted of treason or felony under the laws of the state or of the United States, unless restored to civil rights.
Sec. 3. 44Every elector in the military or naval service of the United States or of this state may exercise the right of suffrage at such place and under such regulations as may be provided by law.
Sec. 4. No soldier, seaman, or marine in the army and navy of the United States shall be deemed a resident of the state in consequence of being stationed therein.
Sec. 5. Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and going to and returning from the same, and no elector shall be obliged to do military duty on the days of election, except in time of war and public danger.
Sec. 6. All votes shall be by ballot.
ARTICLE VII--EDUCATION Section 1. The governor, secretary of state, treasurer, attorney general, and commissioner of public lands and buildings shall, under the direction of the legislature, constitute a board of commissioners, for the sale, leasing, and general management of all lands and funds set apart for educational purposes, and for the investment of school funds, in such manner as may be prescribed by law.
Sec. 2. All lands, money or other property granted, or bequeathed, or in any manner conveyed to this state for educational purposes shall be used and expended in accordance with the terms of such grant, bequest, or conveyance.
Sec. 3. The following are hereby declared to be perpetual funds for common school purposes of which the annual interest or income only can be appropriated, to-wit:
First. Such percentum as has been, or may hereafter be, granted by congress on the sale of lands in this state.
Second. All moneys arising from the sale or leasing of sections number sixteen and thirty-six in each township in this state, and the lands selected, or that may be selected, in lieu thereof.
421920 constitutional convention added these two new sections, 25 and 26. Proposal No. 15.
431918 amended by striking out provision permitting persons of foreign birth to vote who had at least thirty days prior to election declared their intention to become naturalized. This amendment limited suffrage to male citizens only. Vote 123,292 for; 51,600, against.
1920 constitutional convention struck out the words "Every male person" and in lieu thereof inserted the words, "Every citizen." Proposal No. 18.
441920 constitutional convention struck out the words "and not in the regular army" after the word "state." Proposal No. 19.
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Third, The proceeds of all lands that have been, or may hereafter be, granted to this state, where by the terms and conditions of such grant the same are not to be otherwise appropriated.Fourth. The net proceeds of lands and other property and effects that may come to this state, by escheat or forfeiture, or from unclaimed dividends, or distributive shares of the estates of deceased persons.
Fifth. All moneys, stocks, bonds, lands, and other property, now belonging to the common school fund.
Sec. 4. All other grants, gifts and devises, that have been, or may hereafter be, made to this state, and not otherwise appropriated by the terms of the grant, gift, or devise, the interest arising from all the funds mentioned in the preceding section, together with all the rents of the unsold school lands, and such other means as the legislature may provide, shall be exclusively applied to the support and maintenance of common schools in each school district in the state.
Sec. 5. All fines, penalties, and license moneys, arising under the general laws of the state, shall belong and be paid over to the counties respectively, where the same may be levied or imposed, and all fines, penalties and license moneys arising under the rules, by-laws, or ordinances of cities, villages, towns, precincts, or other municipal subdivision less than a county, shall belong and be paid over to the same respectively. All such fines, penalties, and license moneys shall be appropriated exclusively to the use and support of the common schools in the respective subdivisions where the same may accrue.
Sec. 6. The legislature shall provide for the free instruction in the common schools of this state of all persons between the ages of five and twenty-one years.
Sec. 7. 45Provision shall be made by general law for equitable distribution of the income of the fund set apart for the support of the common schools among the several school districts of the state and no appropriation shall he made from said fund to any district for the year in which the school is not maintained for the minimum term required by law.
Sec. 8. 46No lands now owned or hereafter acquired by the state for educational purposes shall be sold except at public auction under such conditions as the legislature shall provide.
Sec. 9. 47AII funds belonging to the state for educational purposes, the interest and income whereof only are to be used, shall be deemed trust funds held by the state, and the state shall supply all losses thereof, that may in any manner accrue, so that the same shall remain forever inviolate and undiminished; and shall not be invested or loaned except on United States or state securities, or registered county bonds of this state, or registered school district bonds of this state; and such other securities as the legislature may from time to time direct. And such funds with the interest and income thereof, are hereby solemnly pledged to the purposes for which they are granted and set apart, and shall not be transferred to any other fund for other uses.
Sec. 10. 48The general government of the University of Nebraska shall, under the direction of the legislature, be vested in a board of six regents to be styled The Board of Regents of the University of Nebraska, who shall be elected from and by districts as herein provided. Their term of office shall be for six years each. Their duties and powers shall be prescribed by law; and they shall receive
451920 constitutional convention struck out at the end of this section the words "at least three months" and in lieu thereof inserted the words "required by law". Proposal No. 20.
461920 constitutional convention placed this section (Proposal No. 21) in lieu of the 1875 section which read as follows:
"Sec. 8. University, agricultural college, common school or other lands which are now held or may hereafter be acquired by the state for educational purposes, shall not be sold for less than seven dollars per acre, nor less than the appraised value."
471908 amended by adding to 1875 section the words "or registered school district bonds of this state and such other securities as the legislature may from time to time direct." Vote 213,000 for; 14,395 against. Endorsed in party platforms.
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no compensation. but may be reimbursed their actual expenses incurred in the discharge of their duties.The legislature shall divide the state, along county lines, into six compact regent 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 regent. Until bitch districts are established, the six congressional districts of the state as now constituted and numbered shall be the districts provided for by this section.
Provided, that the regents elected before the adoption of this constitution shall serve out their respective terms and that the successors of those whose terms expire in January, 1923, shall be elected from districts numbered three and four respectively at the general election to be field in 1922; of those whose terms expire in 1925, from districts numbered one and two, at the general election to be held in 1924; and of those whose terms expire in 1927, from districts numbered five and six, at the general election to be held in 1926.
Sec. 11. 49No sectarian instruction shall be allowed in any school or institution supported in whole or in part by the public funds set apart for educational purposes, nor shall the state accept any grant, conveyance, or request of money, lands or other property to be used for sectarian purpose". Neither the state legislature nor any county, city or other public corporation, shall ever make any appropriation from any public fund, or grant any public land in aid of any sectarian or denominational school or college, or any educational institution which to not exclusively owned and controlled by the state or governmental subdivision thereof. No religious test or qualification shall be required. of teacher or student, for admission to or continuance in any public school or educational institution supported in whole or in part by public taxation.
Sec. 12 50The legislature may provide by law for the establishment of a school or schools for the safe keeping, education, employment and reformation of all children under the age of eighteen years, who, for want of proper parental care, or other cause, are growing up in mendicancy or crime.
Sec. 13. 51The general government of the state normal schools, as now existing, and such other normal schools as may be established by law, shall be vested, under the direction of the legislature, in a board of seven members to be styled Board of Education of State Normal Schools, six of whom shall be appointed by the governor, with the advice and consent of the senate, two each for a term of two, four, and six years, and two each biennium thereafter for a term of six years, and the state superintendent of public instruction shall be a member ex officio. The duties and powers of said board shall be prescribed by law, and the members thereof shall receive no compensation for the performance of their duties, but may be reimbursed their actual expenses incurred therein.
ARTICLE VIII--REVENUE. Section 1. 52The necessary revenue of the state and its governmental subdivisions shall be raised by taxation in such manner as the legislature may direct, but taxes shall be levied by valuation uniformly and proportionately upon all tangible property and franchises, and taxes uniform as to class may be levied by valuation upon all other property. Taxes, other than property taxes, may be au-
491920 constitutional convention added matter in blackface. Proposal No. 22.
501920 constitutional convention added matter in black face. Proposal No. 23.
511920 constitutional convention struck out "sixteen" and in lieu thereof inserted "eighteen". Proposal No. 24.521920 constitutional convention added this section. Proposal No. 25.
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thorized by law. Existing revenue laws shall continue in effect until changed by the legislature.Sec. 2. 53The property of the state and its governmental subdivisions shall be exempt from taxation. The legislature by general law may exempt property owned by and used exclusively for agricultural and horticultural societies, and property owned and used exclusively for educational, religious, charitable or cemetery purposes, when such property is not owned or used for financial gain or profit to either the owner or user. Household goods of the value of two hundred ($200.00) dollars to each family shall be exempt from taxation. The legislature by general law may provide that the increased value of land by reason of shade and ornamental trees planted along the highway shall not be taken into account in the assessment of such land. No property shall be exempt from taxation except as provided in this section.
Sec. 3. The right of redemption from all sales of real estate for the nonpayment of taxes or special assessments of any character whatever, shall exist in favor of owners and persons interested in such real estate, for a period of not less than two years from such sales thereof. Provided, that occupants shall, in all cases, be served with personal notice before the time of redemption expires.
Sec. 4. The legislature shall have no power to release or discharge any county, city, township, town or district whatever, or the inhabitants thereof, or any corporation, or the property therein, from their or its proportionate share of taxes to be levied for state purposes, or due any municipal corporation, nor shall commutation for such taxes be authorized in any form whatever.
Sec. 5. 54County authorities shall never assess taxes the aggregate of which shall exceed fifty cents per one hundred dollars actual valuation do determined by the assessment rolls, except for the payment of indebtedness existing at the adoption hereof, unless authorized by a vote of the people of the county.
Sec. 6. The legislature may vest the corporate authorities of cities, towns and villages, with power to make local improvements by special assessments, or by special taxation of property, benefited. For all other corporate purposes, all municipal corporations may be vested with authority to assess and collect taxes, but such taxes shall be uniform in respect to persons and property within the jurisdiction of the body imposing the same.
Sec. 7. Private property shall not be liable to be taken or sold for the payment of the corporate debts of municipal corporations. The legislature shall, not
521920 constitutional convention rewrote this section. (Proposal No. 26). In the 1875 constitution it read as follows:
"Section 1. The legislature shall provide such revenue as may be needful, by levying a tax by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her or its property and franchises. the value to be ascertained in such manner as the legislature shall direct, and it shall have power to tax peddlers, auctioneers, brokers. hawkers, commission merchants, showmen, jugglers. inn-keepers, liquor-dealers, toll-bridges, ferries, insurance, telegraph and express interests, or business. venders of patents, in such manner as it shall direct by general law, uniform as to the class upon which it operates."
53920 constitutional convention rewrote this section, (Proposal No. 27). In the 1875 constitution it read as follows:
"Sec. 2. The property of the state. counties, and municipal corporations, both real and personal shall be exempt from taxation, and such other property its may be used exclusively for agricultural and horticultural societies, for school, religious, cemetery and charitable purposes, may be exempted from taxation, but such exemptions shall be only by general law. In the assessment of real estate incumbered by public easement, any depreciation occasioned by such easement may be deducted in the valuation of such property. The legislature may provide that the increased value of lands, by reason of live fences. fruit and forest trees grown and cultivated thereon, shall not be taken into account in the assessment thereof."
541920 constitutional convention rewrote this section. (Proposal No. 28). In the 1875 constitution, it read as follows:
"Sec. 5. County authorities shall never assess taxes the aggregate of which shall exceed one and a half dollars per one hundred dollars valuation, except for the payment of indebtedness existing at the adoption of this constitution, unless authorized by a vote of the people of the county."
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impose taxes upon municipal corporations, or the inhabitants or property thereof, for corporate purposes.Sec. 8. The legislature at its first session shall provide by law for the funding of all outstanding warrants, and other indebtedness of the state, at a rate of interest not exceeding eight per cent per annum.
Sec. 9. The legislature shall provide by law that all claims upon the treasury, shall be examined and adjusted by the auditor and approved by the secretary of state, before any warrant for the amount allowed shall be drawn. Provided, that a party aggrieved by the decision of the auditor and secretary of state may appeal to the district court.
ARTICLE IX--COUNTIES Section 1. No new county shall be formed or established by the legislature which will reduce the county or counties, or either of them, to a less area than four hundred square miles, nor shall any county be formed. of a less area.
Sec. 2. 55No county shall be divided nor any part of the territory of any county be stricken therefrom, nor shall any county or part or the territory of any county be added to an adjoining county without submitting the question to the qualified electors of each county affected thereby, nor unless approved by a majority of the qualified electors of each county voting thereon; provided, that when county boundaries divide sections, or overlap, or fall to meet, or are in doubt, the legislature may by law provide for their adjustment, but in all cases the new boundary shall follow the nearest section line or the thread of the main channel of a boundary stream.
Sec. 3. 56When a county shall be added to another, all prior indebtedness of each county shall remain a charge on the taxable property within the territory of each county as it existed prior to consolidation. When any part of a county is stricken off and attached to another county the part stricken off shall be holden for its proportion of all then existing liabilities of the county from which it is taken, but shall not be holden for any then existing liabilities of the county to, which it to attached.
Sec. 4. The legislature shall provide by law for the election of such county and township officers as may be necessary.
Sec. 5. The legislature shall provide by general law for township organization, under which any county may organize whenever a majority of the legal voters of such county voting at any general election shall so determine; and in any county that shall have adopted a township organization the question of continuing the same may be submitted to a vote of the electors of such county at a general election in the manner that shall be provided by law.
ARTICLE X--PUBLIC SERVICE CORPORATIONS. Section 1. 57Every public utility corporation or common carrier organized or doing business in this state shall report, under oath to the railway commission, when required by law or the order of said commission. The reports so made shall include such matter as may be required by law or the order of said commission.
551920 constitutional convention recast this section, adding matter in black face and making slight changes. Proposal No. 29.
561920 constitutional convention rewrote this section. (Proposal No. 29). In the 1875 constitution it read as follows:
"Sec. 3. There shall be no territory stricken from any organized county, unless a majority of the voters living in such territory shall petition for such division, and no territory shall be added to any organized county without the consent of the majority of the voters of the county to which it is proposed to be added; but the portion so stricken off and added to another county. or formed in whole or in part into a new county, shall be holden for and obliged to pay its proportion of the indebtedness of the counties from which it has been taken."
571920 constitutional convention rewrote and condensed this section. The important change made was changing the words "railroad corporation" to "public utility corporation, or common carrier." Proposal No. 30.
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Sec. 2. The rolling stock and all other movable property belonging to any railroad company or corporation in this state shall be liable to execution and sale in the same manner as the personal property of individuals, and the legislature shall pass no law exempting any such property from execution and sale.Sec. 3. 58No public utility corporation or common carrier shall consolidate its stock, property, franchise, or earnings in whole or in part with any other public utility corporation or common carrier owning a parallel or competing property without permission of the railway commission; and in no case shall any consolidation take place except upon public notice of at least sixty days to all stockholders, in such manner as may be provided by law. The legislature may by law require all public utilities and common carriers to exchange business through physical connection, joint use, connected service, or otherwise.
Sec. 4. Railways heretofore constructed, or that may hereafter be constructed, in this state, are hereby declared public highways, and shall be free to all persons for the transportation of their persons and property thereon, under such regulations as may be prescribed by law. And the legislature may from time to time pass laws establishing reasonable maximum rates of charges for the transportation of passengers and freight on the different railroads in this state. The liability of railroad corporations as common carriers shall never be limited.
Sec. 5. 59The capital stock of public utility corporations or common carriers shall not be increased for any purpose, except after public notice for sixty days, and in such manner as may be provided by law. No dividend shall be declared or distributed except out of net earnings after paying all operating expenses, including a depreciation reserve sufficient to keep the investment intact.
Sec. 6. The exercise of the power and the right of eminent domain shall never be construed or abridged as to prevent the taking by the legislature of the property and franchises of incorporated companies already organized, or hereafter to be organized, and subjecting them to the public necessity the same as of individuals.
Sec. 7. The legislature shall pass laws to correct abuses and prevent unjust discrimination and extortion in all charges of express, telegraph and railroad companies in this state and enforce such laws by adequate penalties to the extent, if necessary for that purpose, of forfeiture of their property and franchises.
Sec. 8. No railroad corporation organized, under the laws of any other state, or of the United States and doing business in this state shall be entitled to exercise the right of eminent domain or have power to acquire the right-of-way, or real estate for depot or other uses, until it shall have become a body corporate pursuant to and in accordance with the laws of this state.
ARTICLE XI--MUNICIPAL CORPORATIONS. Section 1. No city, county, town, precinct, municipality, or other subdivision of the state, shall ever become a subscriber to the capital stock, or owner of such stock, or any portion or interest therein of any railroad, or private corporation, or association.
Sec. 2. 60Any city having a population of more than five thousand (5,000) inhabitants may frame a charter for its own government, consistent with and subject to the constitution and laws of this state, by causing a convention of fifteen freeholders, who shall have been for at least five years qualified electors thereof, to be elected by the qualified voters of said city at any general or special elec-
581920 constitutional convention added words in black face. Proposal No. 31.
591920 constitutional convention rewrote this section. (Proposal No. 32.) In 1875, constitution it reads as follows:
"Sec. 5. No railroad corporation shall issue any stock or bonds, except for money, labor, or property actually received and applied to the purposes for which such corporation was created; and all stock dividends, and other fictitious increase of the capital stock or indebtedness of any such corporation shall be void. The capital stock of railroad corporations shall not be increased for any purpose, except after public notice for sixty days, in such manner as way be provided by law."
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tion, whose duty it shall be within four months after such election, to prepare and propose a charter for such city, which charter, when completed, with a prefatory synopsis, shall be signed by the officers and members of the convention, or a majority thereof, and delivered to the clerk of said city, who shall publish the same in full, with his official certification, in the official paper of said city, if there be one, and if there be no official paper, then in at least one newspaper published and in general circulation in said city, three times, and a week apart, and within not less than thirty days after such publication it shall be submitted to the qualified electors of said city at a general or special election, and if a majority of such qualified voters, voting thereon, shall ratify the same, it shall at the end of sixty days thereafter become the charter of said city, and supersede any existing charter and all amendments thereof. A duplicate certificate shall be made, setting forth the charter proposed and its ratification (together with the vote for and against) and duly certified by the city clerk, and authenticated by the corporate seal of said city and one copy thereof shall be filed with the secretary of state and the other deposited among the archives of the city, and shall thereupon become and be the charter of said city, and all amendments of such charter, shall be authenticated in the same manner, and filed with the secretary of state and deposited in the archives of the city.Sec. 3. But if said charter be rejected, then within six months thereafter, the mayor and council or governing authorities of said city may call a special election at which fifteen members of a new charter convention shall be elected to be called and held as above in such city, and they shall proceed as above to frame a charter which shall in like manner and to the like end be published and submitted to a vote of said voters for their approval or rejection. If again rejected, the procedure herein designated may be repeated until a charter is finally approved by a majority of those voting thereon, and certified (together with the vote for and against) to the secretary of state as aforesaid, and a copy thereof deposited in the archives of the city, whereupon it shall become the charter of said city. Members of each of said charter conventions shall be elected at large; and they shall complete their labors within sixty days after their respective election. The charter shall make proper provision for continuing, amending or repealing the ordinances of the city.
Sec. 4. Such charter so ratified and adopted may be amended, or a charter convention called, by a proposal therefor made by the law-making body of such city or by the qualified electors in number not less than five per cent of the next preceding gubernatorial vote in such city, by petition filed with the council or governing authorities. The council or governing authorities shall submit the same to a vote of the qualified electors at the next general or special election not held within thirty days after such petition is filed. In submitting any such charter or charter amendments, any alternative article or section may be presented for the choice of the voters and may be voted on separately without prejudice to others. Whenever the question of a charter convention to carried by a majority of those voting thereon, a charter convention shall be called through a special election ordinance, and the same shall be constituted and held and the proposed charter submitted to a vote of the qualified electors, approved or rejected, as provided in Section 2 hereof. The city clerk of said city shall publish with his official certification, for three times, a week apart in the official paper of said city, if there be one, and if there be no official paper, then in at least one newspaper published and in general circulation in said city, the full text of any charter or charter amendment to be voted on at any general or special election.
No charter or charter amendment adopted under the provisions of this amendment shall be amended or repealed except by electoral vote. And no such charter or charter amendment shall diminish the tax rate for state purposes fixed by act of the legislature, or interfere in any wise with the collection of state taxes.
Sec. 5. 61The charter of any city having a population of more than one hundred thousand inhabitants may be adopted as the home rule charter of such city
601912 home rule charter provision adopted. Vote for 164,5719; against, 32,041.
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by a majority vote of the qualified electors of such city voting upon the question, and when so adopted may thereafter be changed or amended as provided in Section 4 of this article, subject to the constitution and laws of the state.
ARTICLE XII--MISCELLANEOUS CORPORATIONS Sec. 1. 62The legislature shall provide by general law for the organization, regulation, supervision and general control of all corporations, and for the organization, supervision and general control of mutual and co-operative companies and associations, and by such legislation shall insure the mutuality and cooperative features and functions thereof. Foreign corporations transacting or seeking to transact business in this state shall be subject, under the general law, to regulation, supervision and general control, and shall not be given greater rights or privilege* than are given domestic corporations of a similar character. No corporations shall be created by special law, nor their charters be extended, changed or amended, except those corporations organized for charitable, educational, penal or reformatory purposes, which are to be and remain under the patronage and control of the state. All general laws passed pursuant to this section may be altered from time to time, or repealed.
Sec. 2. No such general law shall be passed by the legislature granting the right to construct and operate a street railroad within any city, town, or incorporated village without first requiring the consent of a majority of the electors thereof.
Sec. 3. All corporations may sue and be sued in like cases as natural persons.
Sec. 4. In all cases of claims against corporations and joint stock associations. the exact, amount justly due shall be first ascertained, and after the corporate property shall have been exhausted the original subscribers thereof shall be individually liable to the extent of their unpaid subscription and the liability for the unpaid subscription shall follow the stock.
Sec. 5. 63The legislature shall provide by law that in all elections for directors or managers of incorporated companies every stockholder shall have the right to vote in person or proxy for the number of shares owned by him, for as many persons as there are directors or managers to be elected or to cumulate said shares and give one candidate as many votes as the number of directors multiplied by the number of his shares shall equal, or to distribute them upon the same principle among as many candidates as he shall think fit, and such directors or managers shall not be elected in any, other manner; except that any mutual or co-operative company or association may, in its articles of incorporation limit the number of shares of stock any stockholder may own, the transfer of said stock, and the right of each stockholder or member to one vote only in the meeting of such company or association.
Sec. 6. 64No corporation shall be permitted to issue stock or bonds except for an equivalent in money paid or labor done, or property actually received and applied to the purpose for which such corporation was created, and neither labor nor property shall be received in payment of stock or bonds at a greater value
611920 constitutional convention added this section. Proposal No. 33.
621920 constitutional convention rewrote this section. (Proposal No. 34). In 1875 constitution it read as follows:
"Sec. 1. No corporation shall be created by special law, nor its charter extended, changed, or amended, except those for charitable, educational, penal, or reformatory purposes, which are to be and remain under the patronage and control of the state, but the Legislature shall provide by general laws for the organization of all corporations hereafter to be created. All general laws passed pursuant to this section may be altered from time to time. or repealed."
631920 constitutional convention added matter in black face. Proposal No. 34.
641920 constitutional convention rewrote this section. (Proposal No. 34.) In 1875 constitution it read as follows:
"Sec. 6. All existing charters or grants of special or exclusive privileges, under which organization shall not have taken place, or which shall not be in operation within sixty days from the time this constitution takes effect. shall thereafter have no validity or effect whatever."
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than the actual value, at the time said labor was done or property delivered, an. all fictitious increase of stock or indebtedness shall be void; all stock shall have a face par value; and all stock, in the same corporation shall be of equal par value.Sec. 7. Every stockholder in a banking corporation or institution shall be individually responsible and liable to its creditors over and above the amount of stock by him held to an amount equal to his respective stock or shares so held, for all its liabilities accruing while he remains such stockholder, and all banking corporations shall publish quarterly statements under math of their assets and liabilities.
ARTICLE XIII--STATE, COUNTY AND MUNICIPAL INDEBTEDNESS. Sec. 1. The state may, to meet casual deficits, or failures in the revenues. contract debts never to exceed in the aggregate one hundred thousand dollars, and no greater indebtedness shall be incurred except for the purpose of repelling invasion, suppressing insurrection, or defending the state in war, and provision shall be made for the payment of the interest annually, as it shall accrue, by a tax levied for the purpose, or from other sources of revenue, which law providing for the payment of such interest by such tax shall be irrepealable until such debt be paid.
Sec. 2. No city, county, town, precinct, municipality, or other subdivision of the state, shall ever make donations to any railroad, or other works of internal improvement, unless a proposition so to do shall have been first submitted to the qualified electors thereof, at an election by authority of law. Provided, that such donations of a county with the donations of such subdivisions in the aggregate shall not exceed ten per cent of the assessed valuation of such county. Provided further, that any city or county may, by a two-thirds vote, increase such indebtedness five per cent in addition to such ten per cent; and no bonds or evidences of indebtedness so issued shall be valid, unless the same shall have endorsed thereon a certificate signed by the secretary and auditor of state, showing that the same is issued pursuant to law.
Sec. 3. The credit of the state shall never be given or loaned in aid of any individual, association, or corporation.
ARTICLE XIV--MILITIA Sec. 1. The legislature shall determine what persons shall constitute the militia of the state, and may provide for organizing and disciplining the same.
ARTICLE, XV--MISCELLANEOUS PROVISIONS Sec. 1. Executive and judicial officers and members of the legislature before they enter upon their official duties, shall take and subscribe the following oath, or affirmation: "I do solemnly swear (or affirm) that I will support. the Constitution of the United States, and the Constitution of the State of Nebraska, and will faithfully discharge the duties of ------- according to the best of my ability, and that at the election at which I was chosen to fill said office, I have not improperly influenced lit any way the vote of any elector, and have not accepted, nor will I accept -or receive, directly or indirectly, any money or other valuable thing from any corporation, company or person, or any promise of office, for any official act or influence (for any vote I may give or withhold on any bill, resolution, or appropriation)." Any such officer or member of the legislature who shall refuse to take the oath herein prescribed, shall forfeit his office, and any person who shall be convicted of having sworn falsely to, or of violating his said oath shall forfeit his office, and thereafter be disqualified from holding any office of profit or trust in this State unless he shall have been restored to civil rights.
Sec. 2. Any person who is in default as collector and custodian of public money or property shall not be eligible to any office of trust or profit under the constitution or laws of this state; nor shall any person convicted of felony
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