124 |
NEBRASKA BLUE BOOK, 1926 |
Sec. 9.47 All 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. 10.48 The 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 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 such 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 held in 1922; of those whose terms expire in 1925, from districts numbered one and two, at the general election to be held in
NEBRASKA BLUE BOOK, 1926 |
125 |
Sec. 11.49 No sectarian instruction shall be allowed in any school or institution supported in whole or in Dart by the public funds set apart for educational purposes, nor shall the state accept any grant, conveyance, or bequest of money, lands or other property to be used for sectarian purposes. 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 is 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. 12.50 The 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. 13.51 The
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 1.52 The 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
126 |
NEBRASKA BLUE BOOK, 1926 |
Sec. 2.53 The. 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 provide in this section.
Sec. 3. The right of redemption from all sales of real estate for the non-payment 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. 5.54 County authorities shall never assess taxes the aggregate of which shall exceed fifty cents per one hundred dollars actual valuation as 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
NEBRASKA BLUE BOOK, 1926 |
127 |
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 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 less area than four hundred square miles, nor shall any county be formed of a less area.
Sec. 2.55 No county shall be divided nor any part of the territory of any county be stricken therefrom, nor shall any county or part of 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 fail 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. 3.56 When 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 is attached.
128 |
NEBRASKA BLUE BOOK, 1926 |
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. 57 Every 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.
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. 58 No 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. 59 The capital stock of public utility corporations or common carriers shall not be increased for any purpose, except after
NEBRASKA BLUE BOOK, 1926 |
129 |
Sec. 6. The exercise of the power and the right of eminent domain shall never be so 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. 60 Any 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 election, 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
130 |
NEBRASKA BLUE BOOK, 1926 |
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 is 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
NEBRASKA BLUE BOOK, 1926 |
131 |
Sec. 5. 61 The 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
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
Section 1. 62 The 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 cooperative companies and associations, and by such legislation shall insure the mutuality and co-operative features and functions thereof. Foreign corporations transacting or seeking to transact business in this state shall be subject, under general law, to regulation, supervision and general control, and shall not be given greater rights or privileges 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. 63 The 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
132 |
NEBRASKA BLUE BOOK, 1926 |
Sec. 6. 64 No 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 than the actual value at the time said labor was done or property' delivered, and all fictitious increase of stock or indebtedness shall be void; all stock shall have a face par value; and sill 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 oath of their assets and
liabilities.
ARTICLE XIII -- STATE, COUNTY AND MUNICIPAL
INDEBTEDNESS
Section 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 is 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
NEBRASKA BLUE BOOK, 1926 |
133 |
Sec. 3. The credit of the state
shall never be given or loaned in aid of any individual,
association, or corporation.
ARTICLE XIV --MILITIA
Section 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
Section 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 in 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 be eligible to office unless he shall have been restored to civil rights.
Sec. 3. Drunkeness (sic) shall be a cause of impeachment and removal from office.
Sec. 4. 65 The necessity of water for domestic use and for irrigation purposes in the State of Nebraska is hereby declared to be a natural want.
134 |
NEBRASKA BLUE BOOK, 1926 |
Sec. 6. 65 The right to divert unappropriated waters of every natural stream for beneficial use shall never be denied except when such denial is demanded by the public interest. Priority of appropriation shall give the better right as between those using the water for the same purpose, but when the waters of any natural stream are not sufficient for the use of all those desiring to use the same, those using the water for domestic purposes shall have preference over those claiming it for any other purpose, and those using the water for agricultural purposes shall have the preference over those using the same for manufacturing purposes. Provided, no inferior right to the use of the waters of this state shall be acquired by a superior right without just compensation therefor to the interior user.
Sec. 7. 65 The use of waters of the state for power purposes shall be deemed a public use and shall never be alienated, but may be released or otherwise developed as by law prescribed.
Sec. 8. 65 Laws may be enacted regulating the hours and conditions of employment of women and children, and securing to such employees a proper minimum wage.
Sec. 9. 65 Laws may be enacted providing for the investigation, submission and determination of controversies between employers and employees in any business or vocation affected with a public interest, and for the prevention of unfair business practices and unconscionable gains in any business or vocation affecting the public welfare. An Industrial Commission may be created for the purpose of administering such laws, and appeals shall be to the Supreme Court from the final orders and judgments of such commission.
Sec. 10. 66 On and after May 1, 1917, the manufacture, the sale, the keeping for sale or barter, the sale or barter, under any pretext, of malt, spirituous, vinous or other intoxicating liquors, are forever prohibited in this state, except for medicinal, scientific, or mechanical, or sacramental purposes.
Sec. 11. The legislature may provide that, at the general election immediately preceding the expiration of the term of a United States Senator from this state, the electors may by ballot express their preference for some person for the office of United States Senator. The votes cast for such candidates shall be canvassed and returned in the same manner as for state officers.
Sec. 12. The seat of government of the state shall not be removed or relocated without the assent of a majority of the electors
NEBRASKA BLUE BOOK, 1926 |
135 |
ARTICLE XVI --AMENDMENTS
Section 1. 67 Either branch of the legislature may propose amendments to this constitution, and if the same be agreed to by three fifths of the members elected to each house, such proposed, amendments shall be entered on the journals, with the yeas and nays, and published once each week for four weeks, in at least one newspaper in each county, where a newspaper is published, immediately preceding the next election of members of the Legislature. At such election said amendments shall be submitted to the electors for approval or rejection upon a ballot separate from that upon which the names of candidates appear. If a majority of the electors voting on any such amendment adopt the same, it shall become a part of this constitution, provided the votes cast in favor of such amendment shall not be less than thirty-five per cent of the total votes cast at such election. When two or more amendments are submitted, at the same election, they shall be so submitted as to enable the electors to vote on each amendment separately.
Sec. 2. When three-fifths of the
members elected to each branch of the legislature deem it
necessary to call a convention to revise, amend, or change this
constitution, they shall recommend to the electors to vote at the
next election of members of the legislature, for or against a
convention, and if a majority voting at said election vote for a
convention, the legislature shall, at its next session, provide by
law for calling the same. The convention shall consist of as many
members as the house of representatives, who shall be chosen in
the same manner, and shall meet within three months after their
election, for the purpose aforesaid. No amendment or change of
this constitution, agreed upon by such convention, shall take
effect until the same has been submitted to the electors of the
state, and adopted by a majority of those voting for and against
the same.
ARTICLE XVII --SCHEDULE
Section 1. 68 The several amendments passed and submitted by this convention when adopted at the election shall take effect 'on the first day of January, 1921, except as otherwise specifically provided by schedule attached to any of said amendments. 1 Provided that the proposed amendment Number 18, relative to equal suffrage shall take effect, if adopted, immediately upon proclamation by the governor.
136 |
NEBRASKA BLUE BOOK, 1926 |
Sec. 2. 68 That Sections, 1, 2, 3, 4, 6, 6, 71 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 21, 22, 23, 24, and 27 of Article XVI be repealed and eliminated therefrom.
Sec. 3. 69 Until otherwise provided by law the following salaries shall be paid:
Chief justice, judges of the supreme court and governor, each $7,500 per annum; judges of the district court, secretary of state, auditor of public accounts, commissioner of public lands and buildings, treasurer, attorney general, superintendent of public instruction and members of the state railway commission, each $5,000 per annum. The lieutenant governor shall receive twice the compensation of a state senator.
Sec. 4. 70 The general election of this state shall be held on the Tuesday succeeding the first Monday of November in, the year 1914 and every two years thereafter. All state, district, county, precinct and township officers, by the constitution or laws made elective by the people, except school district officers, and municipal officers in cities, villages and towns, shall be elected at a general election to be held, as aforesaid. Judges of the supreme, district and county courts, all elective county and precinct officers, and all other elective officers, the time for the election of whom is not herein otherwise provided for, and which are not included in the above exception, shall be elected on the Tuesday succeeding the first, Monday in November, 1913, and thereafter at the general election next preceding the time of the termination of their respective term of office. Provided, that no office
1875 |
1907 |
1908 |
1920 |
|
Governor |
$2,500 |
.... |
.... |
$7,500 |
Justice Supreme Court |
2,500 |
.... |
$4,500 |
7,500 |
Judge District Court |
2,500 |
.... |
3,000 |
5,000 |
Auditor |
2,500 |
.... |
.... |
5,000 |
Treasurer |
2.500 |
.... |
.... |
5,000 |
Secretary of State |
2,000 |
.... |
.... |
5,000 |
Land Commissioner |
2,000 |
.... |
.... |
5,000 |
Attorney General |
2,000 |
.... |
.... |
5,000 |
Superintendent of Public Instruction |
2,000 |
.... |
.... |
5,000 |
Railway commissioner |
.... |
$3,000 |
.... |
5,000 |
(fixed by law) |
Lieutenant governor receives
twice the compensation of a senator: 1876, $6 per day; 1887, $10
per day; 1913, $1,200 per session; 1921, $1,600 per session.
70 1912 amended by
changing annual to biennial general elections. Vote for, 174,161;
against, 25,048.
1920 constitutional convention
rewrote this section and changed its number from section 13 to
section 14.
NEBRASKA BLUE BOOK, 1926 |
137 |
Sec. 5. The terms of office of all state and county officers, of judges of the supreme, district and county courts, and regents of the University, shall begin on the first Thursday-after the first Tuesday in January next succeeding their election, the present state and county officers, members of the legislature, and regents of the University shall continue in office until their successors shall be elected and qualified.
Sec. 6. The legislature shall pass all laws necessary to carry into effect the provisions of this constitution.
Sec. 7. The auditor shall draw the warrants of the state quarterly for the payment of the salaries of all officers under this constitution, whose compensation is not otherwise provided, for, which shall be paid out of any funds not otherwise appropriated.
Sec. 8. Until otherwise provided by law, the judges of district courts shall fix the time of holding courts in their respective districts.
Sec. 9. This constitution shall
be enrolled and deposited in the office of the secretary of state,
and printed copies therof (sic) shall be prefixed to the books
containing the laws of the state, and all future: editions
thereof.