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NEGenWeb Project
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COMMISSIONER OF PUBLIC LANDS AND BUILDINGS.
Salary
Commissioner--Dan Swanson. Fremont
$5,0001
Deputy Commissioner--G. E. Emery
1,800
State Surveyor--Robert Harvey
1,500
Bookkeeper--Bert P. Anderson
1,500
Chief Clerk--T. A. Boyd
1,500
Recorder--Metta 1. Loeber
1,400
Stenographer--Cecille Hanna
1,200
HISTORY.
This office was created by the constitution of 1875. Prior to that time the auditor had charge of the educational lands of the state, and the various buildings were under supervision of appointed boards. In 1903 the legislature created the office of state surveyor such officer to be appointed by the commissioner of lands and buildings. The surveyor is required to take charge of field notes, maps, and records of government surveys and to render advice on all questions or inquiries relating to surveys and grievances or disputes arising out of conflicting surveys. By amendment to the constitution adopted in 1912 the custody of the buildings and grounds of the state penal and charitable institutions passed to the board of control for state institutions.
DUTIES AND POWERS. The commissioner is required to--
1. Keep record and have custody of the public lands of the state, except where otherwise provided by the constitution and statutes.
2. Appoint and supervise a state surveyor.
3. Prepare leases and deeds for public lands.
RELATION TO BOARDS. Member of--
board of educational lands and funds.
board of equalization and assessment2.
PUBLICATIONS. Biennial report.
Surveyor pamphlet.
1 Salary fixed by constitutional amendment effective January 1, 1921.
2 By a constitutional amendment effective January 1, 1921, the commissioner ceased to be a member of this board.
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APPROPRIATIONS, COMMISSIONER OF LANDS, AND BUILDINGS, 1869-1921.
Salary
Maintenance
Years
Commissioner Deputy Other Clerks No. of Officers and Clerks Office Deficiency Total 1867-70
$2,000
......
......
1 ......
......
$2,000.00
1871-72
2,000
......
......
1 ......
......
2,000.00
1873-74
2,000
......
......
1 ......
......
2,000.00
1875-76
2,000
$2,000
$400
3 ......
......
4,400.00
1877-791
4,500
2,700
2,250
3 $2,787.50
......
12,237.50
1879-81
4,000
2,400
2,000
3 2,550.00
......
10,950.00
1881-83
4,000
3,000
6,000
5 1,700.00
......
14,700.00
1883-85
4,000
3,200
7,200
5 2,200.00
......
16,600.00
1885-87
4,000
3,200
11,200
7 3,000.00
......
21,400.00
1887-89
4,000
3,400
13,200
8 2,300.00
......
22,900.00
1889-91
4,000
3,400
20,200
11 3,350.00
......
30,950.00
1891-93
4,000
3,000
20,800
11 2,800.00
......
30,600.00
1893-95
4,000
3,400
20,800
11 1,900.00
$438.35
30,538.35
1895-97
4,000
3,400
20,800
11 2,100.00
2,055.30
32,355.50
1897-99
4,000
3,200
20,400
11 1,950.00
......
29,550.00
1899-01
4,000
3,200
20,000
11 1,900.00
453.56
29,553.56
1901-03
4,000
3,200
19,680
11 2,300.00
......
29,180.00
1903-05
4,000
3,400
19,680
11 2,100.00
......
29,180.00
1905-07
4,000
3,600
17,680
10 2,100.00
......
27,380.00
1907-09
4,000
3,600
21,080
11 2,600.00
......
31,280.00
1909-11
4,000
3,600
15,680
8 2,200.00
75.00
25,555.00
1911-13
4,000
3,600
15,680
8 2,200.00
55.08
25,535.08
1913-15
4,000
3,600
13,080
7 2,200.00
......
22,880.00
1915-17
4,000
3,600
13,080
7 1,000.00
......
21,680.00
1917-19
4,000
3,600
12,480
7 12,500.002
259.58
33,439.58
1919-21
4,000
3,600
14,200
7 8,500.00
1,897.57
26,197.57
Totals
$96,500
$74,900
$327,570
...... $60,237.50
$5,234.64
$565,042.14
(sic) (sic)
1 Prior to 1877 the business was conducted by land commissioner.
2 $10,000 for re-appraising school lands.ATTORNEY GENERAL.
Salary
Attorney General--Clarence A. Davis, Holdrege
$5,0001
Deputy Attorney General--J. B. Barnes
2,000
First Assistant Attorney General--Mason Wheeler
2,000
Second Assistant Attorney General--C. L. Dort
2,000
Third Assistant Attorney General-Cecil F. Laverty
1,800
Legal Stenographer and Bookkeeper-Mabel Eses, Pansy Myer
1.500
Stenographer and Bookkeeper-Janet Jacobsen, Freda C. Bayerlain
1,500
Stenographer and Copyist-Myrtle Bonner
1,000
HISTORY.
The genesis of the office of the attorney general of Nebraska is obscure and a matter of some controversy.
By the Kansas-Nebraska act of May 30, 1854, there was provided an attorney for the territory of Nebraska, to be appointed by the President for a term of four years, who should receive the same fees and salary as the attorney for the territory of Utah. The same organic act provided for the purchase of a territorial library "to be kept at the seat of government for the use of the governor, legislative assembly, judges of the supreme court, secretary, marshal and attorney for such territory and for such other persons and under such regulations as shall be prescribed by law."
1Salary fixed by constitutional amendment effective January 1, 1921.
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In his message to the territorial legislature on January 6, 1857, Governor Mark W. Izard refers to this passage in the following terms: "The provisions in the organic act * * * confine the use of the library to the governor, secretary, judges of the territorial courts, attorney general, marshal and members of the legislature." It would appear from this that the attorney for the territory and the attorney general were the same. Succeeding references in the, territorial laws, however, indicate a contrary state of facts.By the act of February 4, 1857, "for the relief of Experience Estabrook," there was granted from the territorial treasury $100 for service in prosecuting cases for the state.
On October 8, 1858, there as introduced in the upper house of the territorial legislature "An act to prescribe the duties of attorney general." On the following day this bill was indefinitely postponed.
Instead of prescribing the duties of attorney general the same legislature on October 12, 1858, passed "An act to abolish the office of attorney general," which reads as follows: :
"Section 1. Be it enacted by the council and house of representatives of the territory of Nebraska, That all powers and duties, of, belonging to, assumed or claimed by the attorney general of this territory are hereby transformed and made to be the powers and duties of the district attorneys of the judicial districts in this territory, respectively.
"Sec. 2. The office of attorney general is hereby abolished.
"Sec. 3. This act shall take effect and be in force from and after its passage."
The plain inference from the action of the territorial legislature, as above set forth, is that some one was assuming or claiming functions not assigned him by law. No other reference to the office of attorney general appears in the statutes of the territorial period.
The first state constitution of 1866 made no provision for the office of attorney general. The first act upon the subject after Nebraska became a state was that of June 21, 1867, as follows:
"An act to authorize the governor to employ counsel in actions instituted by and against the state.
"Section 1. Be it enacted by the legislature of the state of Nebraska, That the governor be and is hereby authorized and empowered to retain and employ such attorney and counselor at law as he may select to prosecute any and all actions necessary and power to be brought to secure the rights of the state in and to any property owned or claimed thereby.
"Sec. 2. In any action which may be brought against the state or any of its officers, in respect of the property mentioned in the first section of this act, process shall be served upon the governor, and he shall have the same power in defending said action as is provided in said first section.
"Sec. 3. The governor shall report to the succeeding legislature his action in the premises.
"Sec. 4. This act shall take effect and be in force from and after its passage."
The next step in the evolution of the office of attorney general was the act of February 9, 1869, as follows:
"An act to define the duties of the attorney for the state and provide for his payment.
"Section 1. Be it enacted by the legislature of the state of Nebraska, That until there shall be an attorney general for this state the duties of the attorney for the state whose appointment is provided for by the act approved June 21, 1867, shall, in addition to those devolved upon him by said act, be such as are usually performed by the attorney general of a state.
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"Sec. 2. The said attorney for the state sliall receive as compensation for his services such sum as the governor shall deem fair and just and as is paid in similar cases, to be audited and paid in the same manner as the salary of state officers, and there is hereby appropriated, to be paid out of any moneys in the state treasury not otherwise appropriated, such sum as may be sufficient for the payment of said attorney as prescribed by this act."Sec. 3. This act shall take effect and be in force from and after its passage."
At the same session was passed an act, dated February 15, 1869, providing for the election of an attorney general at the general election, defining his duties, fixing his salary at $1,000 per annum, and providing for appointment by the governor until election.
On February 27, 1873, a supplementary act was passed further enlarging and defining his duties.
In the convention of 1875 which framed the present constitution of Nebraska there was violent opposition to the continuance of the office of attorney general. This opposition was not strong enough to abolish the office, but did secure a provision inserted in section 24 of article V of the constitution providing that "there shall be no clerk hire in the offices of the superintendent of public instruction and attorney general. The intent of this provision was to prevent the employment of any assistants in both these departments. Under the decision of the Nebraska supreme court (25 Neb. 669), made in 1889, it was held, however, that "clerk" as here used had its common-law meaning aa ' (sic)
In recent years this office has had need of additional legal help for special cases, notably for cases in the United States supreme court arising out of railroad regulation; hence the increasing appropriations.
DUTIES AND POWERS. The attorney general is required to--
1. Consult with and advise county attorneys when requested by them in criminal matters and matters pertaining to public revenue.
2. Appear and defend or prosecute actions and proceedings in which the state is an interested party.
3. With auditor and treasurer, settle claims of state against others.
4. With auditor and treasurer, settle with defaulting county treasurers.
5. Bring suit to oust unfair companies.
6. Examine articles of incorporation.
7. Prepare legal forms and contracts for state business.
8. Upon request, to furnish certain state officials with written opinions on the interpretations of the statutes. These opinions are usually esteemed to have the force of law until reversed by the supreme court.
9. Enforce many laws expressly stipulated by statute.
RELATION TO VARIOUS BOARDS, OFFICES, ETC. Member of--
board of educational lands and funds.
board of canvassers.
depository bonds board.
PUBLICATIONS. Biennial reports.
Briefs.
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APPROPRIATIONS, ATTORNEY GENERAL, 1869-1921.
Salary
Maintenance
Years
Attorney Deputy Assistants and Stenographers No. of Officers and Clerks Office Provisions deficiency Total 1869-70
$2,000
.......
.......
1 .......
.......
.......
$2,000.00
1871-72
2,000
.......
.......
1 $1,195
.......
.......
3,195.00
1873-74
2,000
.......
.......
1 2,775
.......
.......
4,775.00
1875-76
2,000
.......
.......
1 2,750
.......
.......
4,750.00
1877-79
4,500
.......
.......
1 1,100
.......
.......
5,600.00
1879-81
4,000
.......
.......
1 1,350
.......
.......
5,350.00
1881-83
4,000
.......
.......
1 1,600
.......
.......
5,600.00
1883-85
4,000
.......
.......
1 1,300
.......
.......
5,300.00
1885-87
4,000
.......
.......
1 3,300
.......
.......
7,300.00
1887-89
4,000
$3,000
$2,400
3 3,000
.......
.......
12,400.00
1889-91
4,000
3,400
2,400
3 2,200
.......
.......
12,000.00
1891-93
4,000
3,400
2,400
3 2,200
.......
.......
12,000.00
1893-95
4,000
3,400
2,400
3 900
.......
.......
10,700.00
1895-97
4,000
3,600
2,000
3 1,300
.......
.......
10,900.00
1897-99
4,000
3,600
2,000
3 1,950
.......
$246.00
11,796.00
1899-01
4,000
3,600
4,400
4 2,300
.......
226.95
14,526.95
1901-03
4,000
3,600
4,680
4 2,800
.......
447.15
15,527.15
1903-05
4,000
3,600
4,680.
4 2,600
.......
.......
14,880.00
1905-07
4,000
3,600
5,280
4 7,000
.......
600.00
20,480.00
1907-09
4,000
3,600
6,000
4 3,000
$10,000
.......
26,600.00
1909-11
4,000
3,600
6,000
4 3,000
15,000
.......
31,600.00
1911-13
4,000
4,000
11,680
6 3,000
17,000
.......
39,680.00
1913-15
4,000
4,000
11,680
6 3,000
19,000
.......
41,680.00
1915-17
4,000
4,000
12,680
6 2,500
13,500
.......
36,680.00
1917-19
4,000
4,000
16,280
9 2,500
35,000
.......
61,780.00
1919-21
4,000
4,000
23,600
7 123,500
50,000
.......
105,100.00
Totals
$96,500
$62,000
$120,560
....... $82,120
$159,000
.......
$522,200.10
1 Includes $18,000 general judgment and $3,000 for codifying laws.
HISTORY
The supreme court had its origin in the organic act creating the territory May 30, 1854, which declared that "The supreme court shall consist of a chief justice and two associate justices." The constitutions of 1866 and also 1875 provided for three judges. Prior to the constitution of 1875 the members of this court also presided over the district courts. The cases before the supreme court became so numerous that the legislature of 1901 authorized the supreme court to appoint nine commissioners to aid them in clearing up the docket. The legislature of 1905 reduced the number of supreme court commissioners to six. By constitutional amendment adopted November, 1908, the supreme court was increased from three to seven judges.
1. Has original jurisdiction in cases relating to 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.
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