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THE ADMINISTRATIVE DEPARTMENT
THE CIVIL ADMINISTRATIVE CODE
The constitution of 1875 provided for eight executive officers and the board of university regents. Section 26 of Article V of that constitution expressly forbade the creation of any other executive offices. In process of time new functions of government were assumed and the prohibition of the constitution was evaded by the creation of various boards and commissions having for their nominal head one or more of the constitutional state officers while the real work was done by deputies. In 1915 a bill was passed for an efficiency survey of state officers, appropriating $4,000 for such survey. The bill was vetoed by Governor John H. Morehead on the ground that the state board of control, the legislative reference bureau and the state accountant could do the work without an appropriation. In 1918 a plank in the republican state platform pledged the party to the enactment of it civil administrative code. The party was successful at the election and the legislature of 1919, after a very fierce and prolonged contest in which party lines were considerably broken, enacted the existing civil administrative code. A referendum petition against this act was circulated, but owing to failure to comply with certain legal requirements the referendum failed to secure a place upon the official ballot and the code went into effect in July, 1919. The code law was also one of the issues in the election of 1920. The republican party again was victorious in that election and the law seems in process of thorough testing by experience. Governor S. R. McKelvie in a campaign document. has summarized the law as follows:
"The Civil Administrative Code eliminates eleven boards and commissions and ten other subdivisions of departments. It creates the following six administrative departments: Finance, Agriculture, Trade and Commerce, Labor, Public Works and Public Welfare. These departments are administered by secretaries appointed by the Governor with the consent of the Senate. Each of these secretaries receives an annual salary of $5,000. The six departments are subdivided into bureaus and divisions, the head of each of which is designated as a "chief". The six secretaries are responsible to the Governor, the chiefs of the bureaus and divisions are responsible to their respective secretaries, and the minor employees are responsible directly to their chiefs. Thus responsibility is fixed at every station and the commonly recognized practices of business administration are established."
The appropriations for the biennium, 1919-21, were made under the old administrative system before the civil administrative code bill had passed, with the proviso that if this bill passed, the unexpended balance of all funds should be transferred to the respective department which, under the civil administrative code, would discharge the duties previously discharged by the officers of the departments for which the appropriations were made. The civil administrative code became effective August 2, 1919, and the unexpended balances of appropriations were transferred to the new departments.
The following pages give the old boards, departments, commissions and bureaus as they existed before the enactment of the civil administrative code together with the appropriations as originally made by the legislature of 1919 and all preceding legislatures. These boards, commissions, etc., have been grouped, however, under the departments of the civil administrative code which now discharge thir (sic) functions, so that all moneys appropriated for their use belong now to the department under the civil administrative code under which it is listed. A notation is made in each instance of the exact disposition made of each of these former boards or commissions.
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DEPARTMENT OF FINANCE
Salary |
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Secretary--Philip F. Bross |
$5,000 |
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Division of Accounts and Budget |
H. W. Munson |
Division of Purchases and Supplies |
A. B. Cole |
Division of Taxation. |
DUTIES AND POWERS
1. To prescribe and
require the installation of a uniform system of book keeping,
accounting and reporting for the several departments;
2. To prescribe forms
for accounts and financial reports and statements for the several
departments;
3. To supervise and
examine the accounts and financial reports and statements for the
several departments;
4. To examine, at any
and all times, into accuracy and legality of the accounts,
receipts and expenditures of the public moneys and the disposition
and use of the public property by the several departments;
5. To keep such summary
and controlling accounts as may be necessary to determine the
accuracy of the detail accounts and reports from the several
departments, and to prescribe the manner and method of certifying
that funds are available and adequate to meet all contracts and
obligations;
6. To prescribe uniform
rules governing specifications for purchases of supplies, the
advertisement for proposals, the opening of bids and the making of
awards, to keep a catalogue of prices current and to analyze and
tabulate prices paid and quantities purchased:
7. To examine, at any
and all times the, accounts of every private corporation,
institution, association or board receiving appropriations from
the legislature;
8. To report to the
attorney general for such action, civil or criminal, as the
attorney general may deem necessary, all facts showing, illegal
expenditures of the public money or misappropriation of public
property;
9. To examine and
approve, or disapprove, vouchers, bills and claims of the several
departments and such as ire by law made subject to the approval of
the governor and referred to it by the governor, and no voucher,
bill or claim of any department shall be allowed without its
approval, and certified:
10. To prescribe the form of
receipt, voucher, bill or claim to be filed by the several
departments with it;
11. 1n settling accounts of the
several departments, to inquire into and make an inspection of
articles and materials furnished or work and labor performed, for
the purpose of ascertaining that the prices, quality and amount of
such articles or labor are fair, just and reasonable. and that all
the requirements, expressed and implied, pertaining thereto have
been compiled with, and to reject and disallow any excess;
12. To prepare and report to the
governor, when requested, estimates of the income and revenues of
the state;
13. To publish, from time to time,
for the information of the several departments and for the general
public, bulletins of the work of the state government;
14. To investigate duplication of
work of departments, and the efficiency of the organization and
administration of departments, and to formulate plans for the
better co-ordination of departments;
15. To prepare and submit to the
governor biennially, not later than the first day of February next
after the election of the governor a state budget.
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The duties of the following boards and bureaus of the old administrative system have been taken over by the department of finance and the money appropriated for their use by the legislature of 1919 has been transferred for use in this department.
HISTORY A territorial act approved March 15, 1855, provided that the secretary of the territory should print and distribute the laws and joint resolutions. On January 29, 1857, Robert W. Furnas was elected public printer, and in act approved February 13, 1857, authorized the printer to print the session laws and the journals of each house.
The earliest state law in reference to state printing is one approved June 18, 1867. This act provided that the auditor, treasurer and secretary of state should. advertise for bids for state printing. An act approved February 25, 1875, required: state officers to deliver their reports to the state printer and have them ready for distribution at the beginning of the legislature. The earlier act was repealed by an act approved February 24, 1883, and a state printing board, consisting of the auditor, treasurer and secretary of state, with duties almost identical with those required by the early law, created. An act passed by the legislature of 1897 substituted a new act which required the printing board to let contracts for printing, stationery and supplies for all state departments, and allowed $1,000 a year as salary for an expert printer to attend to the actual duties of the board. An act approved April 3, 1909, provided that the printing board should consist of the governor, auditor and secretary of state and gave the governor power to appoint a secretary. The legislature of 1911 repealed the existing law and created a bureau of printing, and made the governor the commissioner of the bureau with power to appoint a deputy at a salary of $1,500 a year. The legislature of 1917 enacted a new public printing law similar to that of 1911. The functions of the bureau of printing are now discharged by the division of purchases and supplies.
To secure bids and award contracts for printing and stationery required by the various state offices and institutions, except the University and the state normal schools.
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APPROPRIATIONS, BUREAU OF PRINTING, 1867-1921.
Years
Salary Printing Laws, Journals, Supreme Court Reports and Office Expense Deficiency Total 1867-68
$ 4,000.00
1,439.50
$5,439.50
1869-70
6,000.00
1,718.55
7,718.55
1871-72
6,000.00
3,906.23
9,906.23
1873-74
14,500.00
8,700.00
23,200.00
1875-76
16,700.00
.........
16,700.00
1877-79
15,010.00
.........
15,010.00
1879-81
17,604.00
.........
17,604.00
1881-83
16,400.00
.........
16,400.00
1883-85
18,350.00
.........
18,350.00
1885-87
27,510.00
.........
27,510.00
1887-89
36,960.00
.........
36,960.00
1889-91
31,010.00
.........
31,010.00
1891-93
33,505.00
.........
33,505.00
1893-95
34,305.00
319.80
34,624.80
1895-97
33,510.00
.........
33,510.00
1897-99
28,891.001
6,161.30
35,052.30
1899-01
21,250.00
7,833.10
29,083.10
1901-03
21,250.00
15,176.66
36,426.66
1903-05
$ 2,400.00
25,200.00
.........
27,600.00
1905-07
2,400.00
27,100.00
.........
29,500.00
1907-09
2,000.00
26,800.00
.........
28,800.00
1909-11
2,000.00
30,800.00
3,500.00
36,300.00
1911-13
3,000.00
34,947.11
1,241.79
39,188.79
1913-15
3,000.00
38,000.00
.........
41,000.00
1915-17
3,000.00
36,700.00
.........
39,700.00
1917-19
3,000.00
43,380.00
.........
46,380.00
1919-21
13,000.00
48,700.00
.........
61,700.00
Totals
$33,800.00
$694,382.11
$ 40,996.93
$ 778,178.93
1Clerical help included in amount appropriated since 1897.
DIVISION OF TAXATION The division of taxation of this department has also taken over a part of the duties previously performed by the board of equalization and assessment. This division now exercises general supervision of the assessment and tax laws of the state including prosecutions for violations and prescribes rules as to the duties of boards and officers making levies and assessments; it prescribes a uniform system of accounting and auditing of public funds; it investigates tax systems in other states and countries and recommends such changes as it deems should be made in the laws of this state. It makes a biennial report through the department of finance, to the legislature covering its work, investigation and changes.
All proceedings and actions of this department, taken in regard to taxation are subject to review by the board of equalization and assessment.
APPROPRIATIONS, DEPARTMENT OF FINANCE, 1919-21.
Divisions Salaries Maintenance Total Secretary
$10,000.00
...............
$10,000.00
Bureau of Printing & Supplies
3,000.00
$48,700.00
51,700.00
Totals
$13,000.00
$48,700.00
$61,700.00
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DEPARTMENT OF AGRICULTURE
Salary
Secretary--Leo Stuhr
$6,000
BUREAUS AND DIVISIONS Clerical and Records Division
Joseph W. Mayer
Bureau of Foods, Drugs and Oils
Walter S. Frisbie
Division of Dairy Industry.
Division of Foods, Drugs and Oils Inspection.
Laboratory Division.
Bureau of Animal Industry
Dr. William T. Spencer
Division of Inspection and Control.
Bureau of Markets. and Marketing
William C. Andreas
Division of Weights and Measures.
Division of Seed Analysis.
Division of Agricultural Statistics.
Division of State Development.
Division of Publicity.
Division of Game and Fish
George G. Koster
Division of Inspection and Control.
Gretna Division.
Valentine Division.
DUTIES AND POWERS
1. To encourage and promote, in every practicable manner, the interests of agriculture, including horticulture, the live stock industry, dairying, cheese making, poultry, bee keeping, forestry, fishing, the production of wool, and all other allied industries;
2. To promote methods of conducting these several industries with a view to increasing the production and facilitate the distribution thereof at the least cost;
3. To collect and publish statistics relating to crop production, marketing and farm economics, the production and marketing of beef, pork, poultry, fish, mutton, wool, butter, cheese and other agricultural products so far as such statistical information may be of value to the agricultural and allied interests of the state; to co-operate with the federal government in the matter of collecting such statistical information. Such department shall include in its publications the reports of agricultural, horticultural and like societies, and of live stock associations. Such published statistics shall be the official agricultural statistics of the state;
4. To encourage the planting of trees and shrubs and the improvement of farm homes generally;
5. To produce and manufacture biological products to be distributed to live stock producers at the actual cost thereof;
6. To, inquire into causes of contagious, infectious and communicable diseases among domestic animals, and the means for the prevention and cure of tile same;
7. To take all measures necessary for the preservation, distribution, introduction and restoration of fish, game birds and other wild birds;
8. To see that live stock and stock yards, and other like places where live stock is confined, housed or fed, are properly cared for;
9. To execute and enforce all laws relating to the inspection of foods, drugs. dairy products, oils, commission merchants, cider and vinegar, oleomagarine (sic) and butterine, sanitation of premises used for manufacturing and preparation of foods,. cold storage warehouses, paints, seeds, commercial feeding stuffs. live stock remedies. hotels and inns, weights and measures and commercial fertilizers,
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and from time to time promulgate such rules and regulations and adopt such standards of food products as are necessary and proper to enforce the provisions of this title.The duties of the following boards and commissions of the old administrative system have been taken over by the department of agriculture and the money appropriated for their use by the legislature of 1919 has been transferred for use in this department.
HISTORY The legislature of 1899 created the food, drug and dairy commission. The governor was food commissioner, with power to appoint a deputy. This law was replaced by a more inclusive act in 1907.
The office of oil inspector was created by the legislature of 1887. The inspector and deputies were appointed by the governor. The legislature of 1909 repealed the existing law and designated the govrnor (sic) as oil inspector with power to appoint a deputy. This office was supported by fees collected. The legislature of 1913 consolidated the pure food and oil inspection business of the state in one office, of which the governor was commissioner, with power to appoint a deputy, a state chemist, food inspectors and other employes.
The legislature of 1911 created a hotel commission with the governor as commissioner. The legislature of 1917 abolished this commission and transferred all its functions to the food commission. The law requires the annual inspection and registration of all hotels, rooming houses, apartment houses, and restaurants in the state, and the enforcement of suitable rules and regulations.
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APPROPRIATIONS AND EXPENDITURES--FOOD COMMISSION, OIL INSPECTOR AND HOTEL COMMISSION, 1886-1918.
Food Commission Oil Inspection Hotel Commission
Years Salary and Maintenance Number of Officers Deficiency Total Receipts for Inspecting Oil Salaries and Expenses Paid to State Treasurer Inspection Fees Collected Number of Officers Salaries and Expenses Total 1887-88
........
........ ........
........
$ 761.03
........
........
........
........ ........
........
1888-90
........
........ ........
........
1,895.14
........
........
........
........ ........
........
1890-92
........
........ ........
........
2.418.55
........
........
........
........ ........
........
1892-94
........
........ ........
........
2,000.00
........
........
........
........ ........
........
1894-96
........
........ ........
........
24,531.70
$ 21,411.65
$ 3,119.85
........
........ ........
........
1896-98
........
........ ........
........
35,607.66
23,963.28
8,250.00
........
........ ........
........
1899-00
........
........ ........
........
37,602.56
23,680.07
9,577.25
........
........ ........
........
1900-02
6,200.00
2 ........
$ 6,200.00
35,091.90
21,010.92
10,557.21
........
........ ........
........
1902-04
9,500.00
2 ........
9,500.00
38,738.20
21,999.08
16,950.48
........
........ ........
........
1904-06
8,500.00
2 ........
8,500.00
50,420.30
27,140.54
19,252.09
........
........ ........
........
1906-08
25,580.00
3 ........
25,580.00
54,619.20
24,855.60
27,441.49
........
........ ........
........
1909-10
25,580.00
3 $2,000.00
27,580,00
75,830.80
31,243.01
42,168.59
........
........ ........
........
1911-12
41,280. 00
3 ........
41,280.00
110,454.62
32,336.20
76,918.42
........
1 $ 4,076.121
4.076.12
1912-14
148,457.922
........ ........
148,457.92
119,??82.91
........
159,219.11
$ 6,678.00
3 12,080.00
12,080.00
1914-16
262,998.57
........ ........
262,998.57
221,657.34
........
97,231.00
7,606.00
3 11,800.00
11,800.00
1916-183
168,540.20
........ ........
168,540.20
228,410.10
........
........
12,737.00
........ ........
........
Totals
$697,636.69
........ $2,000.00
$699,636.69
$1,039,555.10
$228,240.35
$470,688.49
27,021.00
........ $27,956.12
$27,956.12
1No inspection fees required. This item includes a deficiency of $576.12.
2Includes receipts for inspecting oil.
3This commission is now supported by fees.
The figures for 1916-18 are taken from the commission's biennial report, showing only the amount of fees that were used in paying salary and maintenance expenses.
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