Sec. 2. [Fines, taxes, etc., to inure to people.] All fines, taxes, penalties and forfeitures owing to the State of Nebraska, or to the people thereof, under the present Constitution and laws, shall inure to the use of the people of the State of Nebraska, under this constitution. Sec. 3. [Recognizances, etc., to remain valid.] Recognizances, bonds, obligations, and all other instruments entered into or executed upon the adoption of this constitution, to the people of the State of Nebraska, to the State of Nebraska, to any state or county officer, or public body, shall remain binding and valid, and rights and liabilities upon the same shall continue; and all crimes and misdemeanors shall be tried and punished as though no change had been made in the constitution of this state. Sec. 4. [Jurisdiction of courts.] All existing courts which are not in this constitution specifically enumerated, and concerning which no other provision is herein made shall continue in existence and exercise their present jurisdiction until otherwise provided by law. Sec. 5. [Persons to continue in office.] All persons now filling any office or appointment shall continue in the exercise of the duties thereof, according to their respective commissions, elections or appointments, unless by this constitution it is otherwise directed. Sec. 6. [District attorneys.] The district attorneys now in office shall continue during their unexpired terms to hold and exercise the duties of their respective offices in the judicial courts herein created, in which they severally reside. In each of the remaining districts, one such officer shall be elected at the first general election, and hold his office until the expiration of the terms of those now in office. Sec. 7. [Constitution, submitted when.] This constitution. shall be submitted to the people of the state of Nebraska, for adoption or rejection, at an election to be held on the second Tuesday of October, 1875, and there shall be separately submitted at the same time, for adoption or rejection, the independent article relating to "Seat of Government" and the independent article, "allowing electors to express their preference for United States Senator." Art. XVI) Schedule 45 Sec. 8. [Election for.] At said election the qualified electors shall vote at the usual places of voting, and the said election shall be conducted and the returns thereof made according to the laws now in force regulating general elections, except as herein otherwise provided. Sec. 9. [Election supplies.] The Secretary of State shall, at least twenty days before said election, cause to be delivered to the county clerk of each county, blank poll books, tally lists, and forms of returns, and twice as many of properly prepared printed ballots for the said election as there are voters in such county, the expense whereof shall be audited and paid as other public printing ordered by the secretary is by law required to be audited and paid; and the several county clerks shall, at least five days before said election, cause to be distributed to the judges of election in each election precinct in their respective counties, said blank poll books, tally lists, forms of return, and tickets. Sec. 10. [Ballot, forms of.] At the said election the ballots shall be of the following form. For the New Constitution. Against the New Constitution. For the article relating to "Seat of Government." For the article "Allowing electors to express their preference for United States Senator.” Against the article "allowing electors to express their preference for United States Senator." The returns of Sec. 11. [Returns and canvass of elections.] the whole vote cast, and of the votes for the adoption or rejection of this Constitution, and for or against the articles respectively submitted, 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 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. [Result of canvass.] If it shall appear that a majority of the votes polled are For the "New Constitution" then 46 so much of this new constitution as was not separately submitted to be voted on by articles 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 a 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 the majority of the votes polled are "For the Article relating to 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 a 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. Sec. 13. [General election, when held.] The general election of this state shall be held on the Tuesday succeeding the first Monday of November in the year 1914 and every two years thereafter. 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 on the Tuesday succeeding the first Monday in November, 1913, and thereafter at the general election next preceding the time of the termination of their respective term of office. Provided, That no office shall be vacated thereby, but the incumbent thereof shall hold over until his successor is duly elected and qualified. Sec. 14. [Official terms.] The terms of office of all State and County officers, of 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. Sec. 15. [Successors of court.] The supreme, district and County Courts established by this constitution shall be the successors respectively of the supreme Court, the district courts and Art. XVI) Constitution 47 the probate courts, having jurisdiction under the existing constitution. Sec. 16 [Courts, continuance.] The supreme, district and probate courts 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. Same.] All cases, matters and proceedings, pending undetermined in the several Courts and all records, judgments, orders and decrees remaining therein are hereby transferred to and shall be proceeded in and enforced in and by the successors thereof respectively. Sec. 18. [Existing constitution to cease, when.] If this Constitution be adopted, the existing constitution shall cease in all its provisions on the first day of November A. D. 1875. Sec. 19. [Provisions taking immediate effect.] 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. [Enabling legislation.] The legislature shall pass all laws necessary to carry into effect the provisions of this constitution. Sec. 21. [State officers to take oath.] 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. Sec. 22. [Regents of university, how classified.] 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. [Executive officers continued in office.] The present executive State officers shall continue in office until the executive State officers provided for in this constitution shall be elected and qualified. Sec. 24. [Returns of votes cast at first election.] 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 the certificates of election shall forthwith be issued by the Secretary of State to the persons found to be elected. Sec. 25. [Salaries paid by warrant of auditor.] The auditor shall draw the warrants of the state quarterly for the payment of the salaries of all officers under this Constitution, whose compensation is not otherwise provided for, which shall be paid out of any funds not otherwise appropriated. Sec. 26. Terms of court.] Until otherwise provided by law, the judges of district courts shall fix the time of holding courts in their respective districts. Sec. 27. [Members of first legislature.] The members of the first legislature under this constitution shall be elected in the year 1876. Sec. 28. [Constitution, enrollment, publication.] 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. PROPOSITIONS SEPARATELY SUBMITTED Allowing Electors to express their preference for United States Senator [Election.] The legislature may provide that, at the general election immediately preceding the expiration of the term of a United States Senator from this State, the electors may by ballot express their preference for some person for the office of United States Senator. The votes cast for such candidate shall be canvassed and returned in the same manner as for state officers. Seat of Government [Relocation.] The seat of government of the State shall not be removed or relocated without the assent of a majority of the electors of the state voting thereupon, at a general election or |