Forms of ballot. Returns of election. Result of canvass. SEC. 10. At the said election the ballots shall b of the following form: For the new constitution. Against the new constitution. For the article relating to "Seat of government." Against the article relating to "Seat of government." For the article "Allowing electors to express their preference for United States senators." Against the article "Allowing the electors to express their preference for United States senators." SEC. 11. The returns of the whole vote cast, and of the votes for the adoption or rejection of this constitution, and for or against the articles respectfully snbmitted shall be made by the several county clerks to the secretary of state, within fourteen days after the election, and the returns of the said vote, shall, within three days thereafter, be examined and canvassed by the president of this convention, the secretary of state, and the governor, or any two of them, and proclamation shall be made forthwith by the governor, or the president of this convention, of the result of the canvass. SEC. 12. If it shall appear that a majority of the votes polled are "for the new constitution," then so much of this new constitution as was not separately submitted to be voted on by article shall be the supreme law of the state of Nebraska, on and after the first day of November, A. D. 1875. But if it shall appear that & majority of the votes polled were "against the new constitution," the whole thereof, including the articles separately submitted, shall be null and void. If the votes "for the new constitution" shall adopt the same, and it shall appear that a majority of the votes polled are for the article relating to "the seat of government," said article shall be a part of the constitution of this state. If the votes "for the new constitution" shall adopt the same and it shall appear that the majority of the votes polled are for the article "allowing electors to express their preference for United States senator," said article shall be a part of the constitution of this state. held. SEC. 13. The general election of this state shall be General elecheld on the Tuesday succeeding the first Monday of No- tion, when vember of each year, except the first general election, which shall be on the second Tuesday in October, 1875. 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 at the first general election, and thereafter at the general election next preceding the time of the termination of their respective terms of office; Provided, That the office of no county commissioner shall be vacated hereby. SEC. 14. The terms of office of all state and county Terms of office officers, or 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. (7 Neb., 44, 49.) ་ Successors of etc. SEC. 15. The supreme, district, and county courts established by this constitution shall be the successors supreme court, respectively of the supreme court, the district courts, and the probate courts, having jurisdiction under the existing constitution. (9 Neb., 265.) SEC. 16. The supreme, district, and probate courts Same. Existing constitution to cease. Provisions taking immediate effect. Duty of legisla ture. take oath. now in existence shall continue, and the judges thereof shall exercise the power and retain their present jurisdiction until the courts provided for by this constitution shall be organized. SEC. 17. All cases, matters, and proceedings, pending and undetermined in the several courts, and all records, judgments, orders, and decrees remaining therein, are hereby transferred to and shall be proceeded and enforced in and by the successors thereof respect. ively. SEC. 18. If this constitution be adopted, the existing constitution shall cease in all its provisions on the first day of November, A.D. 1875. (7 Neb., 273.) SEC. 19. The provisions of this constitution required to be executed prior to the adoption or rejection thereof, shall take effect and be in force immediately. SEC. 20. The legislature shall pass all laws necessary to carry into effect the provisions of this constitution. State officers to SEC. 21. On the taking effect of this constitution, all state officers hereby continued in office shall, before proceeding in the further discharge of their duties, take an oath or affirmation to support this constitution. Regents of university, how classified. SEC. 22. The regents of the university shall be elected at the first general election under this constitution, and be classified by lot so that two shall hold their offices for the term of two years, two for the term of four years, and two for the term of six years. SEC. 23. The present executive state officers shall cers to be con- continue in office until the executive state officers pro Executive offi tinued in office. Keturns of Fotes cast at first election. vided for in this constitution shall be elected and qualified. (4 Neb., 219; 9 Neb., 467.) SEC. 24. The returns of the whole vote cast for the judges of the supreme and district courts, district attorneys, and regents of the university, under the first general election, shall be made by the several county clerks to the secretary of state within fourteen days after the election; and the returns of the said votes shall within three days thereafter, be examined and canvassed. by the governor, secretary of state, and the president of this convention, or any two of them, and certificates of election shall forthwith be issued by the secretary of state to the persons found to be elected. SEC. 25. The auditor shall draw the warrants of Salaries to be paid by warthe state quarterly for the payment of the salaries of all rant of auditor. officers under this constitution, whose compensation is not otherwise provided for, which shall be paid out of any funds not otherwise appropriated. (4 Neb., 216; 6 Neb., 16.) SEC. 26. Until otherwise provided by law, the judges of the district courts shall fix the time of holding courts in their respective districts. (8 Neb., 483; 9 Neb., 162.) SEO. 27. The members of the first legislature un- Members of der this constitution shall be elected in the year 1876. SEO. 28. This constitution shall be enrolled and deposited in the office of the secretary of state, and printed copies thereof shall be prefixed to the books containing the laws of the state, and all future editions thereof. first legislature Enrollment of constitution. PROPOSITIONS SEPARATELY SUBMITTED.* ALLOWING ELECTORS TO EXPRESS THEIR PREFERENCE FOR UNITED STATES SENATOR. The legislature may provide that at the general election immediately preceding the expiration of a term of a United States senator from this state, the electors may, by ballot, express their preference for some person for *Both propositions were adopted. Adopted. 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. SEAT OF GOVERNMENT. Adopted. The seat of government of the state shall not be removed or re-located without the assent of a majority of the electors of the state, voting thereupon at a general election or elections, under such rules and regulations as to the number of elections and manner of voting, and places to be voted for, as may be prescribed by law; Provided, The question of removal may be submitted at such other general elections as may be provided by law. Done in convention at the capitol, in the city of Lincoln, on the twelfth day of June, in the year of our Lord, one thousand eight hundred and seventy-five, and of the independence of the United States of America, the ninety-ninth. In witness whereof, we have hereunto subscribed |