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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 Removal of 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. The governor shall have the power to Pardoning grant reprieves, commutations and pardons after conviction, for all offenses, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the legislature at its next session, when the legislature shall either pardon or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall communicate to the legislature, at every regular session, each case of reprieve, commutation, or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the reprieve, commutation, or pardon.
SEC. 14. The governor shall be commander-in-chief Governor shall of the military and naval forces of the state (except when in chief. 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 veto power. 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 approve, 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
shall act as governor.
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 (Sunday 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 filed, with his objections, in the office of the secretary of state within five days after such adjournment, or become a law. The governor may 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 re-passed in the manner herein prescribed in cases of disapproval of bills. (3 Neb., 14.)
SEC. 16. In case of the death, impeachment and ant-governor 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 lieutenantgovernor. (3 Neb. 413, 463.)
President of senate.
Office of governor, how
SEC. 17. The lieutenant-governor shall be president of the senate, and shall vote only when the senate is equally divided. (3 Neb. 413.)
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. The commissioner of public lands and Board of public buildings, the secretary of state, treasurer, and attorney- buildings. general, shall form a board, which shall have general supervision and control of all the buildings, grounds and lands of the state, the state prison, asylums, and all other institutions thereof, except those for educational purposes; and shall perform such duties, and be subject to such rules and regulations, as may be prescribed by law. (6 Neb. 290, 296; 7 Neb. 45.)
SEC. 20. If the office of auditor of public accounts, vacancies in treasurer, sectretary of state, attorney-general, commis- filled. sioner 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. 21. An account shall be kept by the officers Accounts of of the executive department, and of all the public insti- public officers. tutions 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.
ernor by other
SEC. 22. The officers of the executive department, Reports to gov and of all the public institutions of the state, shall, at officers. least ten days preceding each regular session of the legis lature, severally report to the governor, who shall trans
Seal of state.
Salaries of officers.
Bonds of officers.
mit such reports to the legislature, together with the reports of the judges to 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 and managers of state institutions, upon any subject relating to the condi tion, management, and expenses of their respective offices. SEC. 23. 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. (7 Neb. 376.)
SEC. 24. The salaries of the governor, auditor of public accounts, and treasurer, shall be two thousand five hundred ($2,500) 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 ($2,000) 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, perquisites 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 offices of the superintendent of public instruction and attorney-general. (4 Neb. 219, 243; 9 Neb. 465, 466; 12 Neb. 171, 175.)
SEC. 25. The officers mentioned in this article. shall give bonds in not less than double the amount of money that may come into their hands, and in no case in 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. (9 Neb. 465.)
to be created.
SEC. 26. No other executive state office shall be No other office continued or created, and the duties now devolving upon officers not provided for by this constitution shall be performed by the officers herein created. (4 Neb. 242; 9 Neb. 465.)
ARTICLE VI. THE JUDICIAL DEPARTMENT.
SECTION 1. The judicial power of this state shall Judicial power. 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.
SEC. 2. The supreme court shall consist of three Supreme court. judges, a majority of whom shall be necessary to form a quorum, or to pronounce a decision. It shall have original jurisdiction in cases relating to the revenue, civil cases in which the state shall be a party, mandamus, quo warranto, habeas corpus, and such appellate jurisdiction as may be provided by law. (4 Neb. 514; 6 Neb. 253.)
SEC. 3. At least two terms of the supreme court Terms of shall be held each year at the seat of government.
SEC. 4. The judges of the supreme court shall be Election of elected by the electors of the state at large, and their terms of office, except of those chosen at the first elec
tion, as hereinafter provided, shall be six years.
SEC. 5. The judges of the supreme court shall, How classified. immediately after the first election under this constitu
tion, be classified by lot, so that one shall hold his office
for the term of two years, one for the term of four years,
and one for the term of six years.
SEC. 6. The judge of the supreme court having the chief justice. shortest term to serve, not holding his office by appointment or election to fill a vacancy, shall be the chief justice, and as such shall preside at all terms of the supreme court; and in case of his absence, the judge