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© 2002 for the NEGenWeb Project by Pam Rietsch, Ted & Carole Miller
NEGenWeb Project
Resource Center
On-Line Library
Lesson I--Constitution.Lesson VII--State Institutions.
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HAND BOOK FOR NEBRASKA CITIZENS
OUTLINE
Constitution.When adopted.
Constitutional Convention.
State Organization.
Bill of Rights.Co-ordinate Branches.
Legislative.
Executive.
Judicial.Education.
Common School System.
Normal Schools.
University.Taxation.
Election of Officers.
Recent Amendments to Constitution.
LESSON I-CONSTITUTION 5
The government of Nebraska is organized under a Constitution adopted by the people in 1875 at which time the State had 122,993 inhabitants and the assessed valuation was $69,277,483. Now (census 1910) there are 1,192,214 people and the assessed valuation of property is $2,079,816,647. Naturally, the Constitution is out of date. The Legislature of 1919 provided for a Constitutional Convention to meet in December 1919. Members will be elected in November.The Constitution opens with a Bill of Rights which prohibits slavery and secures to all citizens rights of person and property, and equality before the law.
The State government has three branches co-ordinate in power, viz.: Legislative, Judicial and Executive.
The Legislative branch is composed of the Legislature and the electors. The electors can begin legislation by petition under our Initiative law and can veto acts of the Legislature by the use of the Referendum invoked by petition. The Initiative and Referendum are means reserved by the people for participating in the law-making branch of their government.
The Legislative bodies are Senate consisting of thirty-three members and House consisting of 100 members. Members are elected for a two year term. Their duties are to make the laws governing the State.
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HAND BOOK FOR NEBRASKA CITIZENS The Executive branch is charged with the duty of administering the government and enforcing the laws. Its officers are Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, Treasurer, Superintendent of Public Instruction, Attorney General, Commissioner of Public Lands and Buildings, State Railway Commission and Board of Commissioners of State Institutions, frequently called the Board of Control.
The last legislature passed what is known as the Code Bill. Its effect is to largely re-organize the civil administration. It permits the Governor to appoint Secretaries of Finance, Labor, Trade and Commerce, Public Welfare, Agriculture and Public Works. The Code Bill is now (October) in operation. A petition to refer it was filed but held invalid by the Court. The case has been appealed and is now before the Supreme Court.
The judicial power of our State is vested in the courts established by our Constitution. These are a Supreme Court, District and County Courts, Justices of the Peace and Police Magistrates, and such courts as may be established for cities and towns.
There is a state system of schools supported by land grants and taxation, which is free to all children of school age, and compulsory within certain limits. This system includes eight grades and High School of four making twelve grades in all; Normal Schools and a University. The State Superintendent of Public Instruction has general charge of the schools. Six Regents have charge of the State University.
LESSON I--CONSTITUTION 7
The State by its power of taxation raises the money to carry on the government. Assessments of real property are made every four years and of personal property each year.
State officers are elected at the general election which occurs on the first Tuesday after the first Monday in November of the even numbered years. They are elected for terms of two years, except in the cases of the three Railway Commissioners, six Regents of the University and the Board of Control. The term of all these is six years. The Railway Commissioners and Regents are elected at the general election. The Board of Control (three members) is by appointment by the Governor.
Electors are men twenty-one years old who have lived in the State six months, county forty days and precinct, township or ward ten days. Women properly qualified may vote for officers not named in the Constitution. They can vote for Presidential electors and at municipal elections.
In 1916, a Constitutional Amendment prohibiting the manufacture and sale of intoxicants after May 1, 1917, was passed. On January 16, 1919, the Legislature ratified the Federal Prohibition Amendment.
On August 2, 1919, the Legislature in special session ratified the Federal Amendment for Woman Suffrage.
References: State Constitution Revised Statutes, page 23; Blue Book, page 159; Code Bill Session Laws 1919, page 434.
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HAND BOOK FOR NEBRASKA CITIZENS
How is the government of my State organized?What is the Bill of rights?
When was our present Constitution adopted?
Do we need a new one?
How is the Legislative branch organized?
How are the electors a part of that branch?
What is the Initiative and Referendum?
What is the Executive branch?
What executive officers are named in the Constitution?
How does the Code Bill affect the government?
What is the judicial branch? What courts have we?
What is the state system of education?
How is the government financed?
How are State Officers chosen?
When?
For what term?
Who are electors?
What are recent amendments to our Constitution?
LESSON II--COUNTIES. 9
OUTLINE.
Counties.How organized.Commissioners.Supervisors.
Officers.
Election.Term.
Courts.
Probate.Mother's Pension Law.
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HAND BOOK FOR NEBRASKA CITIZENS
Counties may at their option organize under township or commissioner form of government. In 1915, twenty-eight counties had township organizations and sixty-three had the commissioner form.Commissioners are elected by the entire county. The Board of County Commissioners consists of five members in Douglas county. In other counties there may be either three or five members. They are elected for a four year term.
Under township organization, Supervisors are elected from districts created on a basis of population. Or one Supervisor may be elected from each township.
County officers are elected at the general election. The County Judge is elected for a two year term. The Sheriff, Treasurer, Clerk, Surveyor, Attorney, Superintendent of Public Instruction are elected for a four year term. In counties having a population of more than 16000 a Register of Deeds also is elected for a four year term.*
The County Judge has charge of all probate matters, and the settlement of estates of deceased persons.
The Board of County Commissioners is required to pay Mother's Pensions when these are awarded by the Court and are empowered to levy a tax for this purpose. **
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*Session Laws 1917, p. 97.
**Session Laws 1919, p. 946-950.
LESSON 11--COUNTIES 11
How are Counties organized?How many Counties have township organizations?
How many have Commissioners?
How many Commissioners in each County?
How many in your own County?
Name them. What County officers do we have?
How are they chosen?
For how long a term?
What is the duty of the County Judge concerning estates?
How is the Mother's Pension law put into operation?
(Handwritten notes:
O'Connor
McDowell
Unilt
Neble
ComptonCounty Judge - Bryce Crawford
Sheriff - Michael Clark
Treas. - M. L. Endres
Clerk - Frank Dewey
Surveyor - L. B. Adams
Attorney - Magney
Supt. of Public
Instruction - T. J. Keenan
Miss Johnson )
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HAND BOOK FOR NEBRASKA CITIZENS
OUTLINE Cities.
Classes ofElections inWhen held.Forms of Government.
Commission.Council.
LESSON III--COUNTIES 13
Cities are of five classes. These are of the metropolitan class (Omaha), of the first class having between 40,000 and 100,000 inhabitants, (Lincoln), of the first class having between 25,000 to 40,000 inhabitants, of the first class having between 5,000 and 25,000 inhabitants, and of the second class having between 1,000 and 5,000 inhabitants, and villages.Each class derives its powers of self-government from a charter granted by the Legislature. This instrument, or group of laws confers upon the cities certain specified powers, for example, those of levying taxes and of owning property.
Cities of the first and second class and villages may own and operate their own heating and lighting plants.
City elections are held in the spring, preceded by primary elections for the selection of candidates for the offices to be filled.
The form of city government in cities of over 5,000 population may be Council or Commissioner. If the Council form is adopted, one Councilman is elected from each ward. If the Commission form is adopted the Councilmen are elected at large from the whole city.
In metropolitan cities seven councilmen or commissioners are elected. Nominations are made at the primary on the petition of 100 voters. In Lincoln there are five commissioners elected at large. Petitions for nomination must be signed by 100 voters. In cities of between 5,000 and 25,000 population, three councilmen are elected and petitions for nominations must have the signature of 25 electors.
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HAND BOOK FOR NEBRASKA CITIZENS
How many classes of Cities in our state?In what class is your City?
When are your City elections held?
How are candidates nominated?
Have you the Commission or Council form of city government?
Who are your Commissioners or Councilmen?
Does your city own any of its public utilities?
If it does, what is the financial standing of your city owned works?
Who manages them?
Name your city officers and describe the duties of each.
Note: It will be seen that this lesson requires local investigation. It should be one of the most helpful in the list. The information gathered from your own local sources will help you to an appreciation of local conditions and problems.
LESSON IV--SCHOOLS 15
OUTLINE
State School System.Common or Grade Schools.High Schools.
University.
School Districts.
Officers.How chosen.Duties.
City Schools.
Districts.School Revenues.
Normal Schools.
State University.
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HAND BOOK FOR NEBRASKA CITIZENS
The State provides free school privileges for children between the ages of five and twenty-one years. The common (graded) schools have eight grades. High schools have four so that school children in Nebraska have free school privileges for twelve grades.The State provides for higher education also in the seven colleges of the University.
The State Superintendent of Public Instruction is in general charge of the school system.
The school unit is the district which is governed by a Board chosen by the electors of the District. Mothers of children of school age and women having property assessed in their own names are electors at school elections. The school district officers are moderator, director and treasurer. The three constitute the district school Board or as often called, trustees. Annual school meetings are held at the school house the second Monday in June. The officers then elected take office the second Monday of July and the school year then begins. Officers are elected for a term of three years, one member being elected each year. The moderator presides at school meetings, the director acts as clerk and the treasurer performs the usual duties of that office. The School Board have general charge of the business affairs of the District. The County Superintendent supervises the teaching in the County from which he is elected. School Boards serve without salaries.
LESSON IV--SCHOOLS 17
Where districts have more than 150 children, larger Boards may be chosen, having either six or nine members. In cities, the City school system is a school district under the direction of the School Board elected at a city election. The Board employs a City Superintendent, and organizes itself, electing its own presiding officer.
*Provision is made for the establishment of County High Schools in Counties where none exist.
School attendance is required for at least twelve weeks each year by children between the ages of seven and sixteen, except in the case of children more than fourteen who are regularly employed. In districts where school is maintained for the full school year children must attend during the full period. For cities and villages, truant officers are appointed to see to the enforcement of the compulsory education law. In rural districts, the County Superintendent enforces it. He is kept informed as to the school attendance by reports made by the teachers. The school census taken yearly shows him the children who should be in school.
Under certain circumstances, children of school age are permitted to work after getting a certificate from the school authorities. This is explained under Child Labor Law in Lesson IX.
There are four State Normal Schools for the training of teachers located at Peru, Kearney, Wayne and Chadron. These are under the direction and control of a board of Education of seven members, five of whom
*6819 Revised Statutes. Amended by Session Laws 1915 p. 274.
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HAND BOOK FOR NEBRASKA CITIZENS are appointed by the governor for terms of five years while the State Treasurer and State Superintendent of Public Instruction are ex-officio members of the Board.
The State University is governed by the Board of Regents consisting of six members elected at the general election for six year terms. They serve without salaries. There are in the University the following Colleges: Graduate, Arts and Sciences, Agriculture, Engineering, Teachers, Law and Medicine.
The University Extension courses make it possible for citizens living at a distance from the University to avail themselves of some of its advantages.
What educational opportunities do Nebraska children have?Who manages the schools?
How many school officers in a District?
How are they chosen?
What are their duties?
What is the school age?
How many weeks each year must children attend school?
How is the compulsory attendance law enforced?
What are the normal school facilities of the State?
How is the University governed?
LESSON V-COURTS 19
OUTLINE
Courts.Supreme Court.Number of Judges.How elected.Term.
Jurisdiction.
District.
Number of Judges.How elected.Term.
Jurisdiction.
County.
Jurisdiction.Probate Matters.Justices of the Peace.
Police Magistrates.
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HAND BOOK FOR NEBRASKA CITIZENS
Seven members of the Supreme Court are elected at the general election for terms of six years. One of them is elected Chief Justice and presides over the sessions of the Court.The Supreme Court hears cases on appeal, civil cases in which the State is a party, cases relating to the revenue, and mandamus, quo warranto and habeas corpus.
Mandamus is the legal means of compelling an officer to do his duty.
Quo warranto is the legal means of restraining a person from exceeding official authority.
Habeas Corpus is the legal means for protection of the person.
There are eighteen Judicial Districts and thirty-two District Judges who are elected at the general election for four year terms. District Courts have general jurisdiction of both civil and criminal cases, and also appeals from lower Courts. District Judges preside over Juvenile Courts. In counties where there is no Juvenile Court, County Courts act as such. In either a District or a County Court any reputable person who knows of a child who appears to be neglected may begin action in such child's behalf by filing a petition with the Clerk of the Court setting forth the facts.
County Judges are elected from the entire county at general elections for a two year term. They hear civil
LESSON V--COURTS 21
cases involving less than $1,000, have ordinary powers of Justices and have exclusive jurisdiction in matters pertaining to estates of deceased persons.
The jurisdiction of Justices is limited to civil cases involving less than $200 and criminal cases where punishment does not exceed three months imprisonment or $100 fine. Their jurisdiction is confined to the district from which they were elected. Police Magistrates have jurisdiction in cities and villages of their election and three miles beyond. Also in cases where the fine, does not exceed $100 or imprisonment three months, and over offenders against the City ordinances.
How many kinds of Courts do we have?What sort of cases come before the Supreme Court?
How many District Judges are there?
What class of cases are heard by them?
Who is a Juvenile Court Judge?
How do you bring children's cases before the Court?
What cases come before County Judges?
Whose court are wills probated in?
If a deceased person leaves no will, in what Court is the estate administered?
What are the powers of Justices and of Police Magistrates?
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HAND BOOK FOR NEBRASKA CITIZENS
OUTLINE.
Elections.General.Primary.
Presidential.
City.
Who are Electors.
When held.
Registration for.
Precincts.
Polling Places.
Absent from.
How to cast ballots at.
Boards for.
LESSON VI--ELECTIONS 23
General elections of state, district, county, precinct and township officers are held in the even numbered years.Primary elections are held in the same year as general elections for the purpose of nominating candidates for office.
Presidential primaries are held in the spring of the year in which the President is elected for the purpose of allowing voters to cast a preferential vote for President and Vice-President.
City elections are held as determined by the charters of the several cities.
At Presidential elections, the voter marks the ballot for the presidential electors of the party whose candidate he wishes to vote for. The electors having the highest number of votes meet at the Capitol at noon of Saturday preceding the second Monday of January and proceed in accordance with the Constitution of the United States to cast the vote of the State for President and Vice-President and transmit the same to Washington. The number of electors equals the number of Representatives in Congress which number for Nebraska is eight.
Male persons who have resided in the state six months, county forty days, and precinct, township or ward ten days, and are twenty one years of age, and have complied with any local regulations as to regis-
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HAND BOOK FOR NEBRASKA CITIZENS tration may vote unless in one of the classes disqualified by the Constitution. See Art. VII.
Voting is done by ballot.
*Women qualified as to residence etc., may vote for all officers and measures except those specified in the Constitution. They may vote for Presidential electors and at municipal elections.
The general election is held on the first Tuesday after the first Monday in November in the even numbered years. The primary election is held on the third Tuesday in July of the even numbered years. Special primaries are held on Tuesday four weeks before the election except in Omaha and Lincoln where they are held on Tuesday five weeks before the election.
Presidential primaries are held in 1912 and every four years thereafter on the third Tuesday in April.
In Omaha elections are held every third year on the first Tuesday in May beginning with 1906. In Lincoln elections are held on the first Tuesday in May of the odd numbered years. In cities of from 5,000 to 25,000 population, city elections are held on the first Tuesday in April annually. The same date holds for cities of the second class having 1,000 to 5,000 population and for villages.
In cities having over 7,000 inhabitants, voters must register with the City Clerk or the Election Commissioner. Registration closes ten days prior to election.
Voting districts are called precincts and are divided by the authorities so that each shall contain not more than 300 voters.
*Session Laws, 1917 p. 95.
LESSON VI--ELECTIONS 25
Places for voting are designated, supplies furnished and arrangements generally for the actual casting of ballots are made by the County Clerks for State and County elections and by City Clerks for City elections.
Voters unavoidably absent from home on election day may vote by mail at another precinct than their own. The judge of election delivers his vote to the County Clerk who mails it to the County Clerk of the County of the voter's residence.
The voter presents himself at the polling place in his precinct, gives his name to one of the judges of election who after checking his name with the register (where registration is required) gives the voter a ballot. The voter proceeds alone to a compartment where he marks it. He then folds his ballot so as to conceal the marks upon it and hands it to a judge of election who in the presence of the voter deposits it in the ballot box.
Cards of instruction to voters are required to be posted in every polling place.
Voters are not allowed to occupy a voting compartment with another, nor to occupy one for more than five minutes nor to remain within the enclosure for more than ten minutes.
If a voter spoils a ballot, he may on returning the spoiled one, receive another.
Three judges and two clerks of election are appointed by the clerk of the district court in each county for each election precinct, except where there is an election commissioner. Election officers hold office for two years. In cities they are appointed by the City
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HAND BOOK FOR NEBRASKA CITIZENS Clerk. Additional election officers are appointed for a counting board where more than fifty votes were polled at the last general election. The election officers conduct the election and make the return to the proper officer.
Primary elections are those at which nominations of candidates for office are made. To vote at the primary and so help name the candidates, voters must name the party they affiliate with. This is required where a party primary is held as with us. Party caucuses are held previous to the filing of petitions for names on the ballot at the primary election. As our government is conducted by parties, party affiliation is necessary for participation in caucus and primary.
What elections are held?Who are electors?
When are elections held?
Who must register?
What is a precinct?
Who determines the polling places?
How may voters absent from home on election day vote?
How is a ballot cast?
Who conducts the elections?
What is the purpose of primary elections?
LESSON VII--STATE INSTITUTIONS 27
OUTLINE.
State Institutions.General Management.Board of Control.
Powers of.
Institutions under.
Names.
Location.
Purpose.Report of.
Commitment to Institutions.
Investigations by Board.
Duty of Citizens Concerning.
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HAND BOOK FOR NEBRASKA CITIZENS
The State Institutions are under the management of the Board of Commissioners of State Institutions, usually spoken of as the Board of Control. This Board has three members who are appointed by the Governor for six year terms. The powers of the Board over the Institutions under their care are general including the appointment of officers, the purchase of supplies and the general management. The following named Institutions are under their control:Institution for Feeble Minded Youth at Beatrice.
Girls Industrial School at Geneva.
State Industrial School at Kearney.
Soldiers and Sailors Homes at Burkett and Milford.
Hospitals for the Insane at Ingleside, Lincoln and Norfolk.
Hospital for Tuberculosis at Kearney.
Orthopedic Hospital at Lincoln.
State Penitentiary at Lincoln.
Industrial Home at Milford.
School for the Blind at Nebraska City.
School for the Deaf at Omaha.
Home for Dependent Children at Lincoln and "all charitable, reformatory and penal institutions" to be established. The purpose of these several Institutions is indicated by the name given it. They constitute the avenue by which our state undertakes the care of its
LESSON VII--STATE INSTITUTIONS 29
dependent, defective and delinquent classes. The Board makes a bi-ennial report to the governor and legislature which is published and is a matter of public record. This record is available to citizens and inquiries are answered at the office of the Board.
Commitment to the reformatory institutions is made by courts of record--county and district courts. *Children under sixteen found guilty of crime other than murder or manslaughter, or who are growing up in mendicancy or crime may be committed by the Court after a hearing as to the propriety of such commitment where the child is represented.
The. insane are committed after examination by the commissioners of insanity for the County where the patient resides. The commissioners of insanity are the Clerk of the District Court, a respectable practicing physician and a respectable practicing lawyer. The clerk of the court is ex-officio a member of the commission. The other members are appointed by the Judge of the District Court.
Deaf and dumb, and blind residents of the state are eligible for admission to the State schools for such defectives, if of suitable age and of good moral character.
For commitment to the Institute for the Feeble Minded application is made to the county court of the county where the applicant resides, or to a juvenile court in counties where such a court is held. The petition to the court may be made by parent, guardian, school officer, county attorney or county commissioner
*See also Lesson VIII.
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HAND BOOK FOR NEBRASKA CITIZENS in behalf of persons who are imbecile, idiotic or feebleminded. No age limit for their stay in the Institution is fixed.
Children under sixteen, committed by a County or District Court are received at the Home for Dependent Children. This is designed as a temporary home for children in need of one until suitable permanent homes are found for them.
Sentences to the penitentiary are given by courts.
Soldiers and Sailors Homes are open to them when they are sent by the County Board of the county of their residence.
*Application for admission to the Orthopedic Hospital is made to the physician in charge and must he accompanied by a certificate from a qualified physician that he has examined the case and making a report of the same.
Applications for admission to the Milford Industrial Home are made to the Superintendent. The purpose of this institution is defined in the statute as "to afford shelter, protection and proper care to penitent women and girls, with a view to aid in the suppression of prostitution." The records are regarded as confidential.
The Board of Control is empowered to gather such information as will tend to diminish pauperism, defectiveness and degeneracy by investigating the causes and studying preventive measures.
These State Institutions are where the most unfortunate and helpless of our fellow citizens are cared for.
*See also Lesson VIII.
LESSON VII--STATE INSTITUTIONS 31
They are placed there by the power of the State. Is it not the business of citizens to inform themselves of the conditions under which the inmates are living, and to know something of the management, business and otherwise? As business partners in a common enterprise, we should. As human beings responsible for fellow beings less fortunate, our interest should be keen. The Board of Control ought to feel the interest of each citizen in its very important task and appreciation of faithful service by the public should be no small part of its reward.
Under what management are our State Institutions?What is meant by the Board of Control?
How are the members elected?
For how long a term?
What are the powers of the Board?
What Institutions are under their control?
Where are they located?
What is the purpose of each?
How can citizens inform themselves about State Institutions?
What is the process of commitment to the various Institutions?
Is the State empowered to do any preventive work in behalf of its dependents?
Why should citizens be interested?
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