who shall also act as clerk of the supreme court, and librarian of the law and miscellaneous library of the state, whose term of office shall be four years, unless sooner removed by the court, whose salary shall be fixed by law, not to exceed fifteen hundred dollars per annum. The copyright of the state reports shall forever belong to the state.

SEC. 9. [Jurisdiction of district courts.]-The district courts shall have both chancery and common law jurisdiction, and such other jurisdiction as the legislature may provide, and the judges thereof may admit persons charged with felony to a plea of guilty, and pass such sentence as may be prescribed by law.

SEC. 10. [Judicial districts.]-The state shall be divided into six judicial districts, in each of which shall be elected by the electors thereof, one judge, who shall be judge of the district court therein, and whose term of office shall be four years. Until otherwise provided by law, said districts shall be as follows:

First District. The counties of Richardson, Johnson, Pawnee, Gage, Jefferson, Saline, Thayer, Clay, Nuckolls, and Fillmore.

Second District. The counties of Nemaha, Otoe, Cass, and Lancaster.
Third District. The counties of Douglas, Sarpy, Washington, and Burt.

Fourth District. The counties of Saunders, Dodge, Butler, Colfax, Platte, Polk, Merrick, Hamilton, York, Seward, Hall, and Howard.

Fifth District. The counties of Buffalo, Adams, Webster, Franklin, Harlan, Kearney, Phelps, Gosper, Furnas, Hitchcock, Dundy, Chase, Cheyenne, Keith, Lincoln, Dawson, Sherman, Red Willow, Frontier, and the unorganized territory west of said district.

Sixth District. The counties of Cuming, Dakota, Dixon, Cedar, Wayne, Stanton, Madison, Boone, Pierce, Knox, Antelope, Holt, Greeley, Valley, and the unorganized territory west of said district.

SEC. 11. [Increase of districts.]-The legislature, whenever two-thirds of the members elected to each house shall concur therein, may, in or after the year one thousand eight hundred and eighty, and not oftener than once in every four years, increase the number of judges of the district courts, and the judicial districts of the state. Such districts shall be formed of compact territory, and bounded by county lines; and such increase, or any change in the boundaries of a district shall not vacate the office of any judge.

SEC. 12. The judges of the district courts may hold courts for each other, and shall do so when required by law.

SEC. 13. [Salary.]-The judges of the supreme and district courts shall each receive a salary of twenty-five hundred dollars per annum, payable quarterly.

SEC. 14. [No other compensation.]-No judge of the supreme or district courts shall receive any other compensation, perquisite, or benefit for or on account of his office in any form whatsoever, nor act as attorney or counselor-at-law, in any manner whatever; nor shall any salary be paid to any county judge.

SEC. 15. [County judge.]-There shall be elected in and for each organized county one judge, who shall be judge of the county court of such county, and whose term of office shall be two years.

SEC. 9. Legislature has power to blend law and equity cases in one form of action and their joinder in same petition. Wilcox v. Saunders, 4 Neb., 586. Turner v. Althaus, 6 Neb., 85. If legislature confers a right and provides no special tribunal for its enforcement, district court has jurisdiction. Foxworthy v. L. & F. Ř. R., 18 Neb., 398.

SEC. 10. A county cannot be parts of two judicial districts. Olive v. State, 11 Neb., 16. Unorganized territory attached to a county is for judicial purposes part of such county, and district court sitting therein has jurisdiction of crimes committed in such territory. Ex parte Crawford, 12 Neb., 380. State v. Page, Id., 387. Districts now provided by law, see Chap. 5, post.

SEC. 11. Power of the legislature in increasing number of judges and districts; increase in a certain year in one district does not exhaust power of increase in other districts in subsequent years. State v. Stevenson, 18 Neb.. 120. In re Groff, 21 Neb., 657.

SEC. 12. Power to hold court in another district other than his own does not depend upon the absence or disability of the proper judge. Candy v. State, 8 Neb., 484. Drake v. State, 14 Neb., 539.

SEC. 15. Legislature possesses no power to change the year in which election is to be held, nor shorten the term of office. State v. Hedlund, 18 Neb., 568.

SEC. 16. County courts shall be courts of record, and shall have original jurisdiction in all matters of probate, settlements of estates of deceased persons, appointment of guardians and settlement of their accounts, in all matters relating to apprentices, and such other jurisdiction as may be given by general law. But they shall not have jurisdiction in criminal cases in which the punishment may exceed six month s imprisonment or a fine of over five hundred dollars; nor in actions in which title to real estate is sought to be recovered or may be drawn in question; nor in actions on mortgages or contracts for the conveyance of real estate; nor in civil actions where the debt or sum claimed shall exceed one thousand dollars.

SEC. 17. Appeals to the district courts from the judgments of county courts shall be allowed in all criminal cases, on application of the defendant; and in all civil cases, on application of either party, and in such other cases as may be provided by law.

SEC. 18. Justices of the peace and police magistrates shall be elected in and for such districts, and have and exercise such jurisdiction as may be provided by law; Provided, That no justice of the peace shall have jurisdiction of any civil case where the amount in controversy shall exceed two hundred dollars; nor in a criminal case where the punishment may exceed three months imprisonment, or a fine of over one hundred dollars; nor in any matter wherein the title or boundaries of land may be in dispute.

SEC. 19. [Laws to be uniform.]-All laws relating to courts shall be general and of uniform operation, and the organization, jurisdiction, powers, proceedings, and practice of all courts of the same class or grade, so far as regulated by law and the force and effect of the proceedings, judgments, and decrecs of such courts severally shall

be uniform.

The

Src. 20. [Terms of office.]-All officers provided for in this article shall hold their offices until their successors shall be qualified, and they shall respectively reside in the district, county, or precinct for which they shall be elected or appointed. terms of office of all such officers, when not otherwise prescribed in this article, shall be two years. All officers, when not otherwise provided for in this article, shall perform such duties and receive such compensation as may be provided by law.

SEC. 21. [Vacancies.]-In case the office of any judge of the supreme court or of any district court, shall become vacant before the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the governor, until a successor shall be elected and qualified, and such successor shall be elected for the unexpired term at the first general election that occurs more than thirty days after the shall have happened. Vacancies in all other elective offices provided for in this article, shall be filled by election, but when the unexpired term does not exceed one year the vacancy may be filled by appointment, in such manner as the legislature may provide.

vacancy

SEC. 16. All provisions of statute applicable to courts of record, where no special provision to the contrary exists, apply to county court. Noakes v. Switzer, 12 Neb., 160. County court is a court of record, while acting within that jurisdiction which it possesses concurrently with district court. Scheil v. Husentine, 16 Neb., 11. Jurisdiction of district court, to make distribution of estates, not taken away by this section. In re Creighton, 12 Neb., 281. County courts have jurisdiction in action for money had and received, brought to recover back a deposit, or money paid upon an agreement for the purchase and sale of land, where defendant omits or refuses to perform his agreement to convey the same. Mushrush v. Devereaux, 20 Neb., 50. Have no jurisdiction in action against officers for taking illegal fees. Crow v. Bowen, 19 Neb., 529. Have no jurisdiction of election contests held in city on question of voting aid to internal improvements. Foxworthy v. L.& F. R. R., 13 Neb., 398. Have original jurisdiction in probate of will; order conclusive unless reversed on error or appeal. Loosemore v. Smith, 12 Neb., 343. Pettit v. Black, 13 Neb., 152. Jurisdiction of guardians' account exclusive. Ball v. LaClair, 17 Neb., 42. Jurisdiction over party wall agreement. Garmire v. Willy, 54 N. R. W., 562. Equity jurisdiction not prohibited. Wilson v. Coburn, 35 Neb., 530. Cited Johnson v. Bouton, 53 N. W. R., 591.

SEC. 18. Justices must hold their office in precinct for which elected. State v. Shropshire, 4 Neb., 413. Justice cannot impose both fine and imprisonment. In re Stewart, 16 Neb., 193. Justice has jurisdiction in action for money had and received, brought to recover back a deposit, or money paid upon an agreement for the purchase and sale of land. Mushrush v. Devereaux, 20 Neb., 50. Cannot try case where statute provides penalty of both fine and imprisonment. State v. Yates, 54 N. W. R., 429.

SEC. 19. Section not violated by law limiting number of justices in cities to three. State v. Berka, 20 Neb., 378. City not exempt from liability for negligence by reason of special statute of limitations. Foxworthy v. Hastings, 23 Neb., 776.

SEC. 20. Justices must hold office in precinct for which elected. State v. Shropshire, 4 Neb., 413. Yet judg ment rendered by justice in any other precinct of the county is not void on that account. Jones v. Church of the Holy Trinity, 15 Neb., 84.

SEC. 22. The state may sue and be sued, and the legislature shall provide by law, in what manner and in what courts suit shall be brought.

SEC. 23. [Jurisdiction at chambers.]-The several judges of the courts of record shall have such jurisdiction at chambers as may be provided by law.

SEC. 24. All process shall run in the name of "The State of Nebraska,” and all prosecutions shall be carried on in the name of "The State of Nebraska.”

ARTICLE [VII.-RIGHTS OF SUFFrage.

SECTION 1. [Who are electors.]-Every male person of the age of twenty-one years or upwards, belonging to either of the following classes, who shall have resided in the state six months, and in the county, precinct, or ward, for the term provided by law, shall be an elector. First, Citizens of the United States. Second, Persons of foreign birth who shall have declared their intentions to become citizens conformably to the laws of the United States, on the subject of naturalization, at least thirty days prior to an election.

SEC. 2. [Who not qualified.]-No person shall be qualified to vote who is non compos mentis, or who has been convicted of treason or felony under the law of the state, or of the United States, unless restored to civil rights.

SEC. 3. [Electors in military service.]-Every elector in the actual military service of the United States, or of this state, and not in the regular army, may exercise the right of suffrage at such place, and under such regulations as may be provided by law

SEC. 4. No soldier, seaman, or marine in the army and navy of the United States shall be deemed a resident of the state in consequence of being stationed therein.

SEC. 5. [Privileged from arrest.]-Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and going to and returning from the same, and no elector shall be obliged to do military duty on the days of election, except in time of war and public danger. SEC. 6. All votes shall be by ballot.

ARTICLE [VIII.—EDUCATION.

SECTION 1. [Board of education.]-The governor, secretary of state, treasurer, attorney-general, and commissioner of public lands and buildings shall, under the direction of the legislature, constitute a board of commissioners for the sale, leasing, and general management of all lands and funds set apart for educational purposes, and for the investment of school funds in such manner as may be prescribed by law.

SEC. 2. [Property, how used.]-All lands, money, or other property granted or bequeathed, or in any manner conveyed to this state for educational purposes, shall be used and expended in accordance with the terms of such grant, bequest, or conveyance.

SEC. 3. [Permanent school fund.]-The following are hereby declared to be perpetual funds for common school purposes, of which the annual interest or income

SEC. 22. State can only be sued ou claims first presented to auditor of public accounts, and which have been by him rejected in whole or in part. State v. Stout, 7 Neb., 101. State v. Lancaster County Bank, 8 Neb., 218. Original action against state does not lie. Id.

SEC. 23. Judges have no inherent authority at chambers whatever. but only such as is given by statute. Ellis v. Karl. 7 Neb., 386. Confirmation of sale may be had at chambers in vacation. State Bank v. Green, 8 Neb., 298. McMurtry v. Tuttle, 13 Neb., 233.

SEC. 24. Process for violation of city ordinance should run in the name of the state, and not in name of city. City of Brownville v. Cook, 4 Neb., 107. Defect in caption to writ of attachment may be cured by amendment. Livingston v. Coe, 4 Neb., 382. Moore v. Fedawa, 13 Neb.. 382. A writ commencing "State of Nebraska, county," is sufficient without repeating the words, "The state of Nebraska," before name of officer addressed. Moore v. Feuawa, 13 Neb., 382. Alderman v. State, 24 Neb., 101.

SEC, 1. Registration law depriving elector of right to vote, unless registered on one of four days the last one being ten days prior to the eletion, is void. State v. Corner, 22 Neb., 265. Ineligibility to office by reason of not having been a resident of the state for statutory time, is not removed by reason of continued residence for the proper length of time previous to the commencement of the term. State v. McMillen, 23 Neb., 387. Indians who are U. S. citizens are. State v. Frazier, 28 Neb., 438.

SEC. 2. Conviction for conspiracy to violate a law of the United States, under sec. 5440, Rev. Stat. U. S., is not a conviction of a felony, but of a misdemeanor, and party convicted not disqualified to vote. Gandy v. State, 10 Neb., 247.

SEC. 3. Escheated estates belong to permanent school fund, and legislature cannot by special act devote the proceeds thereof to a special object. State v. Reeder, 5 Neb., 206.

only can be appropriated, to-wit; First. Such per centum as has been, or may hereafter be granted by congress on the sale of lands in this state. Second. All moneys arising from the sale or leasing of sections number sixteen and thirty-six in each township in this state, and the lands selected, or that may be selected in lieu thereof. Third. The proceeds of all lands that have been, or may hereafter be granted to this state, where, by the terms and conditions of such grant, the same are not to be otherwise appropriated. Fourth. The net proceeds of lands and other property and effects that may come to the state, by escheat or forfeiture. or from unclaimed dividends, or distributive shares of the estates of deceased persons. Fifth. All moneys, stocks, bonds, lands, and other property, now belonging to the common school fund.

SEC. 4. [Temporary school fund.]—All other grants, gifts, and devises that have been, or may hereafter be made to this state, and not otherwise appropriated by the terms of the grant, gift, or devise, the interest arising from all the funds mentioned in the preceding section, together with all the rents of the unsold school lands, and such other means as the legislature may provide, shall be exclusively applied to the support and maintenance of common schools in each school district in the state.

SEC. 5. All fines, penalties, and license moneys arising under the general laws of the state, shall belong and be paid over to the counties, respectively, where the same may be levied or imposed, and all fines, penalties, and license moneys arising under the rules, by-laws, or ordinance of cities, villages, towns, precincts, or other municipal subdivision less than a county, shall belong and be paid over to the same respectively. All such fines, penalties, and license moneys shall be appropriated exclusively to the use and support of common schools in the respective sub-divisions where the same may accrue.

SEC. 6. [Common schools.]-The legislature shall provide for the free instruction in the common schools of this state of all persons between the ages of five and twenty-one years.

SEC. 7. [Distribution of income.]-Provision shall be made by general law for an equitable distribution of the income of the fund set apart for the support of the common schools, among the several school districts of the state, and no appropriation shall be made from said fund to any district for the year in which school is not maintained at least three months.

SEC. 8. University, agricultural college, common school, or other lands, which are now held, or may hereafter be acquired by the state for educational purposes, shall not be sold for less than seven dollars per acre, nor less than the appraised value.

SEC. 9. [Funds to remain inviolate.]—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; and such funds, with the interest and income thereof, are hereby solemnly pledged for the purposes for which they are granted and set apart, and shall not be transferred to any other fund for other uses.

SEC. 4. Rents of unsold school lands belong to temporary fund. State v. McBride, 5 Neb., 103. Auditor has ao authority to draw warrant on temporary school fund to pay premium on county bonds purchased by educa tional board. State v. Wallichs, 15 Neb., 610. 16 Neb., 680.

SEC. 5. This section does not prohibit enactment of a law giving a party injured a certain specified sum as damages therefor. Graham v. Kibble, 9 Neb., 186. (Overruling 6 Neb., 45.) License moneys accruing in towns and cities belong exclusively to locality in which collected. State v. McConnell, 8 Neb., 31. City of Hastings v. Thorne, Id., 162. Herman v. City of Crete, 9 Neb., 351. Fines, penalties, and license moneys which arise under general laws of the state belong to county school fund. State ex rel. School District of Omaha v. Heins, 14 Neb., 479. All license money imposed as a condition of obtaining a license, and not as a tax, belongs to the school fund. State ex rel. Southwick v. Wilcox, 17 Neb., 219. County not liable for acts of treasurer in respect to school funds. School District v. Saline County, 9 Neb., 404. Exaction of license fee not taxation. Pleuler v. State, 11 Neb., 557. Village in three school districts, money equally divided. State v. Brodboll, 28 Neb., 254. Portion of more than one district in village entitled to equal division. State v. White, 29 Neb., 288. Cited State v. Fenton, 29 Neb. 348. SEC. 7. Cited State v. McBride, 5 Neb., 104.

SEC. 8. See note to chap. 77, art. VII.

SEC. 9. Permanent school fund may be invested in U. S. three per cent bonds, but cannot be sold or converted Into other securities; payment of premium on U. S. bonds should be from permanent fund and in purchase of county bonds from temporary fund. In re School Fund, 15 Neb., 684. [See, however, State v. Wallichs, 15 Neb., 610. 16 Neb., 680.] State warrants are "state securities" within the meaning of this section. In re State War rants, 25 Neb., 660.

SEC. 10. [University.]-The general government of the university of Nebraska shall, under 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 by the electors of the state at large, and their term of office, except those chosen at the first election, as hereinafter provided, shall be six years. 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.

SEC. 11. No sectarian instruction shall be allowed in any school or institution supported in whole or in part 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.

SEC. 12. [Reform schools.]-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 sixteen years, who, for want of proper parental care, or other cause, are growing up in mendicancy or crime.

ARTICLE [IX.]—REVENUE AND FINANCE.

SECTION 1. [Taxes.]-The legislature shall provide such revenue as may be needful, by levying a tax by valuation, so that every person and corporation shall pay a tax in proportion to the value of his, her, or its property and franchises, the value to be ascertained in such manner as the legislature shall direct, and it shall have power to tax peddlers, auctioneers, brokers, hawkers, commission merchants, showmen, jugglers, inn-keepers, liquor dealers, toll bridges, ferries, insurance, telegraph, and express enterests, or business, venders of patents, in such manner as it shall direct by general law, uniform as to the class upon which it operates.

SEC. 2. [Exemption from taxation.]-The property of the state, counties, and municipal corporations, both real and personal, shall be exempt frem taxation, and such other property as may be used exclusively for agricultural and horticultural societies, for school, religious, cemetery, and charitable purposes, may be exempted from taxation, but such exemptions shall be only by general law. In the assessment of real estate incumbered by public easement, any depreciation occasioned by such easement may be deducted in the valuation of such property. The legislature may provide that the increased value of lands, by reason of live fences, fruit and forest trees grown and cultivated thereon, shall not be taken into account in the assessment thereof.

SEC. 3. [Redemption.]-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

SEC. 10. Creation of university by act as a public corporation is not repugnant to the constitution. Regenta v. McConnell, 5 Neb., 426. Regents, in absence of appropriation, cannot dispose of endowment fund or fund derived from tax. Id. State v. Babcock, 17 Neb., 612.

SEC. 1. The enumeration of classes subject to taxation does not prevent the legislature from taxing other classes of business not enumerated. State v. Lancaster County, 4 Neb., 539. State v. Ream, 16 Id., 685. Shaw v. State, 17 Neb., 334. Board of equalization cannot add 50 per cent. to valuation as returned by assessor. Jones v. Commissioners, 5 Neb., 564. An act providing that the sum of $100 shall be exempt from taxation of the property of each tax payer who shall plant and cultivate fruit and forest trees, is unconstitutional. U. P. R. R. Co. v. Saunders County, 7 Neb., 230. Land road tax of $4 per quarter section not allowable under this section. B. & M. R. R. v. Lancaster County, 4 Neb., 301. B. & M. R. R. v. York County, 7 Neb., 498. B. & M. R. R. v. Saunders County, 9 Neb., 509. Covell v. Young, 11 Neb., 511. Rule of uniformity satisfied if observed by each jurisdiction for whose use the tax is levied. Pleuler v. State, 11 Neb., 557. Stock of corporations taxable under this section. Mortensen v. West Point Mnfg. Co. 12 Neb., 201. Rule of uniformity requires taxable property within a district at the time when a levy is made, and only such, be taxed. Clother v. Maher, 15 Neb., 6. Sale of tax certificate for less than the amount of taxes due prohibited. Legislature has no power to add to amount of taxes due on valuation, or to discriminate between tax payers in any form. State v. Graham, 17 Neb., 45. Tax for support of insane persons constitutional. State v. Douglas County, 18 Neb., 608. Money of non-resident in hands of agent ir this state is taxable. Finch v. York County, 19 Neb., 53. Occupation tax on liquor dealers may be imposed in addition to amount paid for license to sell. State v. Bennett, 19 Neb., 203. Magneau v. Fremont, 47 N. W. R.. 20 30 Neb., 843. Templeton v. Tekamah, 32 Neb., 542. Municipal authorities may impose license tax on insurance companies. City of Columbus v. Hartford Ins. Co., 25 Neb., 85. Act requiring railroads to construct highway crossings valid. State v. C., B. & Q. R. R. Co., 29 Neb., 412. See note to chap. 77, art. VII.

SEC. 2. Increased value of land in consequence of timber, etc., only exempt. U. P. R. R. v. Saunders County. 7 Neb., 230. B. & M. R. R. v. Seward County, 10 Neb., 215.

SEC. 3. Payment of redemption money, notice not having been served as required by this section, Held, To be voluntary. Jones v. Duras, 14 Neb., 45. Provision relative to notice is mandatory, and purchaser at tax sa or his assignee must give the notice. Hendrix v. Boggs, 15 Neb., 471. Notice not necessary before bringing suit to enforce tax lien. Bryant v. Estabrook, 16 Neb., 222. Lammers v. Comstock, 20 Neb., 345. But such notice is required in all cases where it is sought to obtain tax deed. Id. Intention of section is to guard rights of persons from an adverse title through tax proceedings. Seaman v. Thompson, 16 Neb., 547.