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Art. V)



successor is elected and qualified; Provided, however, that the first election of said officers shall be held on the Tuesday succeeding the first Monday in November, 1876, and each succeeding election shall be held at the same relative time in each even year thereafter. The Governor, Secretary of State, Auditor of Public Accounts, and Treasurer shall reside at the seat of government during their terms of office, and keep the public records, books and papers there, and shall perform such duties as may be required by law.

Sec. 2. [Persons ineligible.] No person shall be eligible to the office of governor or lieutenant governor who shall not have attained the age of thirty years, and been for two years next preceding his election a citizen of the United States and of this State. None of the officers of the executive department shall be eligible to any other state office during the period for which they shall have been elected.

Sec. 3. [Treasurer ineligible.] The treasurer shall be ineligible to the office of treasurer, for two years next after the expiration of two consecutive terms for which he was elected.

Sec. 4. [Elections, returns, canvass, contests.] The returns of every election for the officers of the executive department shall be sealed up and transmitted by the returning officers to the Secretary of State, directed to the speaker of the House of Representatives, who shall immediately after the organization of the house, and before proceeding to other business, open and publish the same in the presence of a majority of each house of the legislature, who shall, for that purpose assemble in the hall of the house of representatives. The person having the highest number of votes for either of said offices shall be declared duly elected; but if two or more have an equal and the highest number of votes, the legislature shall, by joint vote, choose one of such persons for said office. Contested elections for all of said offices. shall be determined by both houses of the legislature, by joint vote, in such manner as may be prescribed by law.

Sec. 5. [Impeachment.] All civil officers of this State shall be liable to impeachment for any misdemeanor in office.

Sec. 6. [Executive power.] The supreme executive power shall be vested in the governor, who shall take care that the laws be faithfully executed.

Sec. 7. [Message of governor.] The governor shall, at the commencement of each session, and at the close of his term of office, and whenever the legislature may require, give to the legislature information by message of the condition of the State, and shall recommend such measures as he shall deem expedient. He shall account to the legislature, and accompany his message with a statement of all moneys received and paid out by him, from any funds subject to his order, with vouchers, and at the commencement of each regular session, present estimates of the amount of money required to be raised by taxation for all purposes.

Sec. 8. [Convening legislature.] The governor may, on extraordinary occasions, convene the legislature by proclamation, stating therein the purpose for which they are convened, and the legislature shall enter upon no business except that for which they were called together.

Sec. 9. [Proroguing legislature.] In case of a disagreement between the two houses with respect to the time of adjournment, the governor may on the same being certified to him by the house first moving the adjournment, adjourn the legislature to such time as he thinks proper not beyond the first day of the next regular session.

Sec. 10. [Appointments by governor.] The governor shall nominate and by and with the advice and consent of the senate, (expressed by a majority of all senators elected, voting by yeas and nays), appoint al officers whose offices are established by this constitution, or which may be created by law, and whose appointment, or election is not otherwise by law or herein provided for; and no such officer shall be appointed or elected by the legislature.

Sec. 11. [Vacancies in office, how filled.] In case of a vacancy during the recess of the senate, in any office which is not elective, the governor shall make a temporary appointment until the next meeting of the senate, when he shall nominate some person to fill such office; and any person so nominated, who is confirmed by the senate, (a majority of all the senators elected concurring by voting yeas and nays), shall hold his office during the remainder of the term, and until his successor shall be appointed and qualified. No person after being rejected by the senate, shall be again nominated for the same office at the same session,

Art. V)



unless at request of the senate, or be appointed to the same office during the recess of the legislature.

Sec. 12. [Removal of officers.] The governor shall have power to remove 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. [Pardoning power.] The governor shall have the power to 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 can 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. [Governor, commander in chief.] The governor shall be commander-in-chief of the military and naval forces of the State (except when 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. [Bills, approval, veto.] Every bill passed by the legislature, before it becomes a law, and every order, resolution or vote to which the concurrence of both houses may be necessary (except on question of adjournment) shall be presented to the governor. If he approves 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 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 (Sundays 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 repassed in the manner herein prescribed in cases of disapproval of bills.

Sec. 16. [Vacancy in office of governor.] In case of the death, impeachment and 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 lieutenant governor.

Sec. 17. [President of senate.] The lieutenant governor shall be president of the senate, and shall vote only when the senate is equally divided.

Sec. 18. [Office of governor, how filled.] 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. [Board Commissioners State Institutions.] The governor shall, prior to the adjournment of the thirty-third session of the legislature, nominate and, with the consent of twothirds of the members of the Senate in Executive Session, appoint three electors of the state, not more than two of whom shall belong to the same political party and no two of whom shall reside at the time of their appointment in the same congressional district, as members of a board to be known as a "Board of Commissioners of State Institutions." Said members shall hold office as designated by the Governor for two, four and six years re

Art. V)



spectively. Subsequent appointments shall be made as provided and, except to fill vacancies, shall be for a period of six years. The Board shall at all times be subject to the above restrictions and limitations. The Board of Commissioners shall have full power to manage, control and govern, subject only to such limitations as shall be established by law, the State Soldiers' Home, Hospitals for the Insane, Institute for the Deaf, Institute for the Blind, Industrial Schools, Institute for Feeble Minded Children, Nebraska Industrial Home, Orthopedic Hospital, the State Penitentiary, and all charitable, reformatory and penal institutions that shall be by law established and maintained by the state of Nebraska. They shall each give bonds, receive compensation for service, perform all duties and comply with all regulations that shall be established by law. The powers possessed by the Governor and Board of Public Lands and Buildings with reference to the management and control of the institutions herein named shall, on July 1, 1913, cease to exist in the Governor and the Board of Public Lands and Buildings and shall become vested in a Board of Commissioners of State Institutions, and the said Board is on July 1, 1913, and without further process of law, authorized and directed to assume and exercise all the powers heretofore vested in or exercised by the Governor or Board of Public Lands and Buildings with reference to the institutions of the state named herein, but nothing herein contained shall limit the general supervisory or examining powers vested in the Governor by the laws or constitution of the state, or such as are vested by him in any committee appointed by him.

Sec. 19A. [State railway commission.] There shall be a State Railway Commission, consisting of three members, who shall be first elected at the general election in 1906, whose terms of office, except those chosen at the first election under this provision, shall be six years, and whose compensation shall be fixed by the Legislature. Of the three commissioners first elected, the one receiving the highest number of votes, shall hold his office for six years, the next highest four years, and the lowest two years. The powers and duties of such commission shall include the regulation of rates, service and general control of common carriers as the legislature may provide by law. But, in the absence of specific legislation, the commission shall exercise the powers and perform the duties enumerated in this provision.

Sec. 20. [Vacancies in office how filled.] If the office of auditor of public accounts, treasurer, secretary of state, attorney

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