lature shall apportion the senators and representatives according to the number of inhabitants, excluding Indians not taxed, and soldiers and officers of the United States army and navy. County omitted from apportionment act retains its existing representation. 24, 588 (39 N. W. 612). SEC. 3. The house of representatives shall consist of eighty-four members, and the senate shall consist of thirty members, until the year eighteen hundred and eighty, after which time the number of members of each house shall be regulated by law; but the number of representatives shall never exceed one hundred, nor that of senators thirty-three. The sessions of the legislature shall be biennial, except as otherwise provided in this constitution. (See chapter 3, "Apportionment.") SEC. 4. The terms of office of members of the legislature shall be two years, and they shall each receive for their services three dollars for each day's attendance during the session, and ten cents for every mile they shall travel in going to and returning from the place of meeting of the legislature on the most usual route; Provided however, That they shall not receive pay for more than forty days at any one session; and neither members of the legislature nor employes shall receive any pay or perquisites other than their pay per diem and mileage. There is no law authorizing a standing committee of either house to employ a clerk, and auditor cannot be compelled to draw a warrant to pay such a clerk for his services. 14, 440 (16 N. W. 481). SEC. 5. No person shall be eligible to the office of senator or member of the house of representatives, who shall not be an elector, and have resided within the district from which he is elected for the term of one year next before his election, unless he shall have been absent on the public business of the United States, or of this state. And no person elected as aforesaid shall hold his office after he shall have removed from such district. SEC. 6. No person holding office under the authority of the United States, or any lucrative office under the authority of this state, shall be eligible to or have a seat in the legislature; but this provision shall not extend to precinct or township officers, justices of the peace, notaries public, or officers of the militia; nor shall any person interested in a contract with, or an unadjusted claim against the state, hold a seat in the legislature. SEC. 7. [Rules.]--The session of the legislature shall commence at twelve o'clock (noon) on the first Tuesday in January, in the year next ensuing the election of members thereof, and at no other time, unless as provided by this constitution. A majority of the members elected to each house shall constitute a quorum. Each house shall determine the rules of its proceedings, and be the judge of the election returns, and qualifications of its members; shall choose its own officers; and the senate shall choose a temporary president to preside when the lieutenant-governor shall not attend as president, or shall act as governor. The secretary of state shall call the house of representatives to order at the opening of each new legislature, and preside over it until a temporary presiding officer thereof shall have been chosen and shall have taken his seat. No member shall be expelled by either house, except by a vote of two-thirds of all the members elected to that house, and no member shall be twice expelled for the same offense. Each house may punish by imprisonment any person, not a member thereof, who shall be guilty of disrespect to the house, by disorderly or contemptuous behavior in its presence, but no such imprisonment shall extend beyond twenty-four hours at one time, unless the person shall persist in such disorderly or contemptuous behavior. The right to punish for contempt is inherent in every court having common law jurisdiction. 27, 852 (37 N. W. 668). SEC. 8. Each house shall keep a journal of its proceedings, and publish them (except such parts as may require secrecy), and the yeas and nays of the members on any question shall, at the desire of any two of them, be entered on the journal. All votes in either house shall be viva voce. The doors of each house and of [the] committee of the whole shall be open, unless when the business shall be such as ought to be kept secret. Neither house shall, without the consent of the other, adjourn for more than three days. SEC. 9. Any bill may originate in either house of the legislature, except bills appropriating money, which shall originate only in the house of representatives, and all bills passed by one house may be amended by the other. SEC. 10. The enacting clause of a law shall be, "Be it enacted by the legislature of the state of Nebraska," and no law shall be enacted except by bill. No bill shall be passed unless by assent of a majority of all the members elected to each house of the legislature. And the question upon the final passage shall be taken immediately upon its last reading, and the yeas and nays shall be entered upon the journal. SEC. 11. Every bill and concurrent resolution shall be read at large on three different days in each house, and the bill and all amendments thereto shall be printed before the vote is taken upon its final passage. No bill shall contain more than one subject, and the same shall be clearly expressed in its title. And no law shall be amended unless the new act contains the section or sections so amended, and the section or sections so amended shall be repealed. The presiding officer of each house shall sign, in the presence of the house over which he presides, while the same is in session and capable of transacting business, all bills and concurrent resolutions passed by the legislature. Bill to have but one general object which must be fairly expressed in the title. 5, 311. 5, 516. Amendatory act valid if not inconsistent with title and subject matter of amended one, though there be apparent confusion in application to provisions sought to be amended. 27, 764, 8 (43 N. W. 1140). 29, 149. A provision in an amendatory act repealing an act not connected with the subject of the amendment is void. Where title has two subjects, act may be sustained as to one. 17, 85 (22 N. W. 228). Part of an act may be valid and part not. 16, 239 (20 N. W. 312). 25, 457 (41 N. W. 280). One house cannot amend title of bill originating in the other. 17, 394 (23 N. W. 3). It is sufficient if subject is fairly expressed in the title. 16, 683 (21 N. W. 398). Title an index to legislative intent. 6, 485. Title of amendatory act cannot be broader than the original. 9, 511 (4 N. W. 240). An act broader than its title may be declared void as to the excess, but valid as to the rest. 25, 676 (41 N. W. 638). "An act to prohibit the fraudulent transfer of property and to declare the same a crime and to prescribe the punishment thereof" held constitutional, the act having but one subject. 21, 53 (31 N. W. 258). The title of the act of June 6, 1871, amending sections 50, 51, 71, and 105 of revenue act valid. 13, 17 (12 N. W. 832). Section 3 of "An act to exempt Homesteads from Judicial Sale," approved Feb. 19, 1877, is within the title and is valid. 13, 122 (12 N. W. 831). The title of the act which took effect Sept. 1, 1879, "Counties and County Officers," is not open to the constitutional objection of containing more than one subject. 12, 387 (11 N. W. 495). When title of act is to amend a particular section of the statute, the proposed amendment must be germane to the subject matter of the section sought to be amended. 11, 877 (9 N. W. 477). The title of an "Act regulating the herding and driving of stock," approved Feb. 26, 1879, is not comprehensive enough to authorize the provision in section four giving damages for the castration of animals. 13, 253 (13 N. W. 276). Where act not complete in itself, but amendatory of a former, statute is void. 7, 413. Old section need not be recited, in amendatory act. 1, 199. Law complete and repealing the provisions under which acts were formerly done is valid. 6, 36. Where the new act is in the very wo ds of the act it repeals and the evident intention was to continue it in force (with a lesser penalty), this intention will be given effect and will not prevent the prosecution for a crime committed before the repeal. 15, 448 (19 N. W. 686). Rule as to repeal of statutes by implication. 18, 140 (24 N. W. 447). Two amendments to same act on succeeding days, how interpreted. 23, 134 (36 N. W. 348). A later statute, which contains provisions clearly repugnant to a former, repeals the former as completely as though it contained express words to that effect. 14, 31 (14 N. W. 660). Legislature cannot pass law to legalize bonds already issued. 6, 234. Does not require the printing of amendments after the bill has been put upon its final passage. 9, 494 (4 N. W. 75). Failure of the presiding officer of the senate to sign a bill which the journal shows passed does not affect the validity of the act. 9, 129 (1 N. W. 100s). 17, 88 (22 N. W. 119). The certificate of the presiding officers that the bill has passed is only prima facie evidence of the fact. The journals are higher evidence. 18, 237 (25 N. W.77). In amending an act it may be designated by its title or chapter in the statutes. 20, 377 (30 N. W. 267). 25, 817 (41 N. W. 796). SEC. 12. Members of the legislature in all cases except treason, felony or breach of the peace, shall be privileged from arrest during the session of the legislature, and for fifteen days next before the commencement and after the termination thereof. SEC. 13. No person elected to the legislature shall receive any civil appointment within this state, from the governor and senate during the term for which he has been elected. And all such appointments, and all votes given for any such member for any such office or appointment, shall be void. Nor shall any member of the leg lature, or any state officer, be interested, either directly or indirectly, in any contract with the state, county, or city, authorized by any law passed during the term for which he shall have been elected, or within one year after the expiration thereof. SEC. 14. [Impeachment.]-The senate and house of representatives, in joint convention, shall have the sole power of impeachment, but a majority of the members elected must concur therein. Upon the entertainment of a resolution to impeach by either house, the other house shall at once be notified thereof, and the two houses shall meet in joint convention for the purpose of acting upon such resolution within three days of such notification. A notice of an impeachment of any officer other than a justice of the supreme court, shall be forthwith served upon the chief justice by the secretary of the senate, who shall thereupon call a session of the supreme court to meet at the capital within ten days after such notice to try the impeachment. A notice of an impeachment of a justice of the supreme court shall be served by the secretary of the senate upon the judge of the judicial district within which the capital is located, and he thereupon shall notify all the judges of the district court in the state to meet with him within thirty days at the capital, to sit as a court to try such impeachment, which court shall crganize by electing one of its number to preside. No person shall be convicted without the concurrence of two-thirds of the members of the court of impeachment, but judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold and enjoy any office of honor, profit or trust in this state, but the party impeached, whether convicted or acquitted, shall nevertheless be liable to prosecution and punishment according to law. No officer shall exercise his official duties. after he shall have been impeached and notified thereof, until he shall have been acquitted. SEC. 15. [Prohibited special legislation.]—The legislature shall not pass local or special laws in any of the following cases, that is to say: For granting divorces. Changing the names of persons or places. Laying out, opening, altering and working roads or highways. Vacating roads, town plats, streets, alleys, and public grounds. Locating or changing county seats. Regulating county and township offices. Regulating the practice of courts of justice. Regulating the jurisdiction and duties of justices of the peace, police magistrates, and constables. Providing for changes of venue in civil and criminal cases. Incorporating cities, towns, and villages,. or changing or amending the charter of any town, city, or village. Providing for the election of officers in townships, incorporated towns or cities. Summoning or empaneling grand or petit juries. Providing for the bonding of cities, towns, precincts, school districts, or other municipalities. Providing for the management of public schools. Regulating the interest on money. The opening and conducting of any election, or designating the place of voting. The sale or mortgage of real estate belonging to minors or others under disability. The protection of game or fish. Chartering or licensing ferries or toll bridges. Remitting fines, penalties, or forfeitures. Creating, increasing, and decreasing fees, percentage, or allowances of public officers during the term for which said officers are elected or appointed. Changing the law of descent. 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. Under an act passed in 1875, authorizing commissioners of Jefferson county to issue bonds, sell the same, and pay outstanding warrants issued to contractors for erection of county buildings; held, that the legislature had fall authority under the constitution then in force to pass such law. 5, 136. Allowing forty per cent on tax sale certificates not in violation of the provision that "the legislature shall not pass any local or special laws ** regulating the interest on money." 11, 72 (7 N. W. 861). Legislature has no authority to pass a law enabling & school district to vote bonds. 8, 179. 12, 94 (10 N. W. 568). 23, 776 (37 N. W. 657). SEC. 16. The legislature shall never grant any extra compensation to any public officer, agent, servant, or contractor, after the services shall have been rendered, or the contract entered into. Nor shall the compensation of any public officer be increased or diminished during his term of office. state. SEC. 17. The legislature shall never alienate the salt springs belonging to the SEC. 18. Lands under the control of the state shall never be donated to railroad companies, private corporations, or individuals. SEC. 19. 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 the 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. Fiscal quarter means the legislative quarter in which the session is to be held. 5, 570. Fiscal year begins December 1st. Appropriations extend to end of first quarter after adjournment of next regular session. 22, 38 (33 N. W. 711). Where entire amount derived from sale of state lots and lands, was appropriated, and sale was made partly on credit, held, that warrants could be drawn upon whole amount of purchase price at once, and without waiting for full payment thereof. 24, 790 (40 N. W. 316). See note to sec. 22 citing 14, 444 (16 N. W. 481). SEC. 20. 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. As to what constitutes a vacancy. 17, 599 (24 N. W. 282). SEC. 21. The legislature shall not authorize any games of chance, lottery, or gift enterprise under any pretense, or for any purpose whatever. SEC. 22. [State funds-How drawn.]-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 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. Intended to establish a permanent rule in regard to future payments of expenditures of the state. 6, 513. A specific appropriation is one expressly providing funds for a particular purpose. 15, 609 (19 N. W. 56). No appropriation necessary to pay salary of officer fixed by constitution. Officers whose salaries are not fixed by constitution depend upon legislative appropriation. 4, 218. 6, 17. The voucher of the officers of the senate will not authorize the auditor to draw a warrant in favor of a party, unless the claim is authorized by law. 14, 444 (16 N. W. 481). An appropriation for "conveying convicts to the penitentiary" cannot be drawn against for "conveying juvenile offenders to the reform school." 12, 408 (11 N. W. 860). Money due county treasurer as fees can not be paid except where there is a specific appropriation. 18, 222 (24 N. W. 683). Appropriation of $95,000.00 to provide for the salaries of nineteen judges is an appropriation in gross. 21, 662 (33 N. W. 426). Each appropriation contained in the general appropriation bill must be a specific appropriation for the purpose name, and the account must be itemized. 22, 45 (33 N. W. 711). See 4, 507. 9, 470 (4 N. W. 61). SEC. 23. No member of the legislature shall be liable in any civil or criminal action whatever for words spoken in debate. SEC. 24. [Acts; Taking effect; Publication.]-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. ARTICLE [IV.]-LEGISLATIVE APPORTIONMENT.* Until otherwise provided by law, senatorial and representative districts shall be formed, and senators and representatives apportioned, as follows: District No. 1. SENATORIAL DISTRICTS. Shall consist of the county of Richardson, and be entitled to two senators. For present apportionment see post, ch. 3. District No. 4. District No. 5. Shall consist of the county of Cass, and be entitled to one senator. District No. 6. District No. 17. District No. 19. District No. 21. District No. 23. District No. 21. one senator. Shall consist of the counties of Platte and Colfax, and be entitled to one senator. Shall consist of the counties of Johnson and Pawnee, and be entitled to one senator. Shall consist of the counties of York and Hamilton, and be entitled to one senator. District No. 25. Shall consist of the counties of Buffalo, Kearney, Franklin. Harlan, Phelps, Sherman, Valley, and the unorganized territory west of Sherman, Valley, and senatorial district number thirteen (13), and be entitled to one senator. District No. 26. Shall consist of the counties of Lincoln, Dawson, Gosper, Furnas, Red Willow, Frontier, Hitchcock, Dundy, Chase, Keith, Cheyenne. and the unorganized territory west of Frontier, and between Frontier and Chase, and be entitled to one senator. REPRESENTATIVE DISTRICTS. District No. 1. 5. District No. 2. District No. 3. District No. 4. District No. District No. 6. District No. 7. District No. 8. District No. 9. District No. 10. District No. 11. District No. 12. District No. 13. District No. 14. District No. 15. District No. 16. District No. 17. District No. 18. District No. 19. District No. 20. District No. 21. District No. 22. District No. 23. District No. 24. District No. 25. District No. 26. District No. 27. District No. 28. District No. 29. District No. 30. District No. 31. District No. 32. District No. 33. District No. 34. District No. 35, District No. 36. District No. 37. District No. 38. District No. 39. District No. 40. District No. 41. District No. 42. resentative. Shall consist of the county of Richardson, and be entitled to four representatives. District No. 43. Shall consist of the counties of Knox and Holt, and the unorganized territory west of tive. tive. District No. 46. District No. 47. District No. 48. resentative. Shall consist of the counties of Furnas, Phelps, and Gosper, and be entitled to one rep |