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Granting, to any corporation, association, or individual, the right. to lay down railroad tracks, or amending existing charters for such purpose.
Granting to any corporation, association, or individual any special or exclusive privileges, immunity, or franchise whatever. In all other cases where a general law can be made applicable, no special law shall be enacted.

Sec. 19.¹¹ The legislature shall never grant any extra compensation to any public officer, agent or servant after the services have been rendered nor to any contractor after the contract has been entered into, nor shall the compensation of any public officer, including any officer whose compensation is fixed by the legislature subsequent to the adoption hereof be increased or diminished during his term of office.

Sec. 20.¹² The salt springs, coal, oil, mineral, or other natural resources on or contained in the land belonging to the state shall never be alienated; but provision may be made by law for leasing or development of the same.

Sec. 21. Lands under control of the state shall never be donated to railroad companies, private corporations or individuals.

Sec. 22. Each legislature shall make appropriations for the expenses of the government until the expiration of the first fiscal quarter after the adjournment of the next regular session, and all appropriations shall end with such fiscal quarter. And whenever it is deemed necessary to make further appropriations for deficiencies, the same shall require a two-thirds vote of all members elected to each house, and shall not exceed the amount of revenue authorized by law to be raised in such time. Bills making appropriations for the pay of members and officers of the legislature, and for the salaries of the officers of the government, shall contain no provision on any other subject.

Sec. 23. All offices created by this constitution shall become vacant by the death of the incumbent, by removal from the state, resignation, conviction of a felony, impeachment, or becoming of unsound mind. And the legislature shall provide by general law for the filling of such vacancy, when no provision is made for that purpose in this constitution.

Sec. 24. The legislature shall not authorize any games of chance, lottery, or gift enterprise under any pretense, or for any purpose whatever.

Sec. 25. No allowance shall be made for the incidental expenses of any state officer except the same be made by general appropriation and upon an account specifying each item. No money shall be drawn from the treasury except in pursuance of a specific appropriation made by law, and on the presentation of a warrant issued by the auditor thereon, and no money shall be diverted from any appropriation made

¹¹ 1920 amendment added words in black face. Proposal No. 10.
¹²1920 amendment added words in black face. Proposal No. 11.

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for any purpose, or taken from any fund whatever, either by joint or separate resolution. The auditor shall within sixty days after the adjournment of each session of the legislature, prepare and publish a full statement of all moneys expended at such session, specifying the amount of each item, and to whom and for what paid.

Sec. 26. No member of the legislature shall be liable in any civil or criminal action whatever for words spoken in debate.

Sec. 27. No act shall take effect until three calendar months after the adjournment 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. 28¹³Senatorial and representative districts shall continue as now existing, until otherwise provided by law.

ARTICLE IV--EXECUTIVE

Section 1. ¹⁴ The 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 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 per. form 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 con. sent 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

¹³ 1920 amendment struck out all of Article V--the obsolete legislative apportionment of 1875 and in its stead places this new section. Proposal No. 12.
¹⁴ 1920 amendment rewrote this -section, adding words in black face and making other minor changes. Proposal No. 13.

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shall have power to appoint, and remove all subordinate employees in their respective departments.

Sec. 2. ¹⁵ No 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 for five years 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 determined by both houses of the legislature, by joint vote, in such manner as may be prescribed by law.

Sec. 5. All civil officers of this state shall be liable to impeachment for any misdemeanor in office.

Sec. 6. ¹⁶ The 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. ¹⁷ The governor shall, at the commencement of each session, and at the close of his term of office and whenever the legislature may require, give 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 I 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 con-

     ¹⁵ 1920 amendment added words in black face, striking out word "two" in 1875 constitution and inserting in lieu thereof the word "five." Proposal No. 13.
     ¹⁶ 1920 amendment added words in black face. Proposal No. 13.
     ¹⁷ 1920 amendment added words in black face and made other slight changes.

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tained in such budget unless by three-fifths vote of each house of the legislature, and such 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. ¹⁸ The 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 no commutation, pardon or parole granted except upon the approval of a majority of the board after a full hearing in open session, and not until notice of the time and place of such hearing, and of

¹⁸ 1920 amendment rewrote entire section, creating by constitution a board of pardons, defining its powers, and taking away from the governor the general grant of pardoning power given in the 1875 constitution. Proposal No. 13.

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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 I 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 house shall be determined by yeas and nays to be entered upon the journal. Any bill which shall not be returned by the. governor within five days (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 prevent its return; in which case it shall be flied, with his objections, in the office of the secretary of state within five days after such adjournment, or become a law. The governor may

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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 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. 19.¹⁹ There 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. ¹⁰ There 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 of 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

     ¹⁹ 1912 adopted. Vote 174,939 for; 25,439 against.
         1920 constitutional convention rewrote and greatly condensed this part of the constitution, changing the name of the board. but otherwise not materially altering. Proposal No. 13.
     ²⁰ 1906 adopted. Vote 147,472 for; 8,896 against.

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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 report 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.

Sec. 25. ²¹ The 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

²¹ 1920 constitutional convention rewrote this section (Proposal No. 10) 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, perquisetes (sic) 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 office of the superintendent of public instruction and attorney general."

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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. ²² No 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. 28.²³ A 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

Section 1.²⁴ The 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. 2.²⁵ The 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 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.

     ²² 1920 constitutional convention rewrote this section (Proposal No. 13) which formerly read as follows:
     "Sec. 2 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."
     ²³ 1920 constitutional convention proposed this section. New matter. Proposal No. 14.
     ²⁴ 1920 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."
     ²⁵ 1908 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.

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Whenever judges of the district court are so acting the court shalt 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 court 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 overate 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 bear and determine all cases involving 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 seat of government.

Sec. 4.²⁶ The 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 an 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. 5.²⁷ The 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

     ²⁶ 1920 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 (sic) of the state at large, and their-term of office 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,"
     ²⁷ 1920 constitutional convention--first paragraph new matter entirely. Proposal No. 17.

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shall be elected by the electors of each of the three even numbered districts one judge of the supreme court; and the judges to 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.

Sec. 6.²⁸ The 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. 7.²⁹ No 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. 8.²⁰ There 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. ³¹ The 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. ³² The 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 court, or to alter the boundaries of

     ²⁸ 1920 constitutional convention added words in black face. Proposal No. 16.
     ²⁹ 1920 constitutional convention added words in black face. Proposal No. 15.
     ³⁰ 1920 constitutional convention provided for two officers instead of one and cut out the limitation of salary to $1,500. Proposal No. 16.
     ³¹ 1920 constitutional convention rewrote this section, omitting the obsolete 1875 judicial apportionment. Proposal No. 15.
     ³² 1920 constitutional convention rewrote this section, but made no important change in content. Proposal No. 15

.

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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. 12.³³ The judges of the district court may hold court for each other and shall do so when required by the law or when ordered by the supreme court.

Sec. 13.³⁴ The 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. ³⁵ No judge of the supreme or district courts shall act as attorney or counsellor (sic) 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. 15.³⁶ In 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 of such county, whose term of office shall be four years and whose salary shall be fixed by law.

Sec. 16.³⁷ County 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 of over five hundred dollars; or both; nor in civil actions in which title to real estate is 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. ³⁸ Justices 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

     ³³ 1920 constitutional convention added words in black face. Proposal No. 15.
     ³⁴ 1920 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
     ³⁵ 1920 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 (sic) at law in any manner 'whatever, nor shall any salary be paid to any county judge."
     ³⁶ 1920 constitutional convention changed term of county judge from two to four years. Proposal No. 15.
     ³⁷ 1920 constitutional convention added matter in black face, struck out the words giving jurisdiction "in all matter relating to apprentices" and slightly changed the arrangement. Proposal No. 15.
     ³⁸ 1920 constitutional convention added words in black face and struck out the words "and police magistrates" after "justices of the Peace." Proposal No. 15.

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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 may be in-dispute.

Sec. 19.³⁹ The organization, jurisdiction, powers, proceedings, and practice of all courts of the same class or grade, so far as regulated by law and the force and effect of the proceedings, judgments and decrees of such courts, severally, shall be uniform.

Sec. 20.⁴⁰ All 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. 21.⁴¹ In 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. 25.⁴² For the effectual administration of justice and the prompt disposition 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.

     ³⁹ 1920 constitutional convention struck out the words "all laws relating to courts shall be general and of uniform operation." Proposal No. 15.
     ⁴⁰ 1920 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.
      ⁴¹ 1920 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.
     ⁴² 1920 constitutional convention added these two new sections, 25 and 26. Proposal No. 15,

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Sec. 26.⁴² If 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

Section 1.⁴³ Every 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. ⁴⁴ Every 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 or 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

     ⁴² 1920 constitutional convention added these two new sections, 25 and 26. Proposal No. 15.
     ⁴³ 1918 amended by striking out provision permitting persons of foreign birth, to vote who had at least thirty days prior to election declared their intention of becoming naturalized. This amendment limited suffrage to male citizens only. Vote 123,292 for; 61,600 against.
     1920 constitutional convention struck out the words "Every male person" and in lieu thereof inserted the words "Every citizen." Proposal No. 18.
     ⁴⁴ 1920 constitutional convention struck out the words "and not in the regular army" after the word "state." Proposal No. 19.

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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.

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. 7.⁴⁵ Provision 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 be made from said fund to any district for the year in which school is not maintained for the minimum term required by law.

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.