Ch. 16)

Counties-Supervisors

79

and twenty-five thousand inhabitants, shall be divided into three districts numbered respectively, one, two, three, or into five districts as provided for in the next preceding section, which shall be numbered respectively one, two, three, four and five; and in counties having more than one hundred and twenty-five thousand inhabitants, shall be divided into five districts numbered respectively, one, two, three, four and five, and shall consist of two or more voting precincts, comprising compact and contiguous territory and embracing, as near as may be possible, an equal division of the population of the county and not subject to alteration oftener than once in four years. In counties of less than 125,000 inhabitants one commissioner shall be nominated by each of said districts, but shall be elected by the qualified electors of the entire county. In counties having more than 125,000 inhabitants one commissioner shall be nominated and elected by each of said districts by the qualified electors of the district in which said commissioners reside, as heretofore provided. Provided, in counties of one hundred and twenty-five thousand inhabitants or more, and in counties where a majority have voted for five commissioners, it shall be the duty of the county board of such county, at their first meeting after the publication of the state or federal census, or after an election deciding to have five, to divide said county into five commissioner's districts, as provided for by law: Provided further, the three commissioners of such county whose terms of office will expire after said election shall continue to represent the districts in which they reside after the re-districting of such county, until the expiration of the terms. for which they were elected, and until their successors are elected and qualified; and provided further, at the general election next after the division of a county into five districts, one commissioner shall be elected for each of the two remaining districts. Of the two persons elected in such districts, the person receiving the highest number of votes shall hold his office for the term of four years, and the person receiving the next highest number of votes shall hold his office for the term of two years; and each commissioner elected thereafter, in pursuance of the provisions of this section, shall hold his office for four years and until his successor is elected and qualified.

Sec. 3. Amendment.-That section 980 of the Revised Statutes of Nebraska for 1913 be amended to read as follows:

Sec. 169. Term of office. At the first election held to

choose the board of commissioners under this article, in any county, the person having the highest number of votes shall continue in office for four years; the two receiving the next highest number of votes shall continue in office for two years; but if any three or more persons have the same number of votes, their terms of office shall be determined by the board of canvassers and each commissioner elected at the first general election, as herein provided, shall hold his office for two or four years, as the case may be and until his successor is elected and qualified. That in counties having more than one hundred and twenty-five thousand inhabitants, the election of any commissioner in the year 1916 for a term of four years is hereby validated, and, if such commissioner is in office under a certificate of election in due form, no suit shall be instituted or prosecuted to oust him therefrom except as provided in sections 5698 to 5706 of the Revised Statutes of Nebraska for 1913. The terms of all commissioners in such counties shall be four years. The successors of those elected in 1916 shall be chosen at the general election in 1920 and every four years thereafter. The successors of the other county commissioners in said county shall be chosen at the general election in 1918 and every four years thereafter.

Sec. 4. Repeal.-That Sections 978, 979, 980 of the Revised Statutes for 1913, as they now exist, be and the same are hereby repealed; that Sections 1 and 2 of Chapter 30 of the Laws of 1903 and Sections 1 and 2 of Chapter 150 of the Laws of 1913 and all acts and parts of acts in conflict with the provisions of this act are hereby repealed.

Sec. 5. Emergency.-As an emergency exists, this act shall take effect and be in force from and after its passage and approval.

Approved, April 5th, 1917.

AN ACT to amend Sections 990, 992 and 1053 of the Revised Statutes of Nebraska for 1913, and to repeal said original sections.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment.-That Section 990 of Revised Statutes of Nebraska for 1913 is hereby amended to read as follows: 990 Sec. 179. Counties-supervisor districts.-On the second Tuesday after such election adopting township organization in any county the county commissioners of the county shall meet at the county seat of such county and shall forthwith, and within not more than three days from and after the first day of meeting, divide such county into seven districts to be known as supervisor districts; such districts to be divided as nearly as possible with regular boundary lines and in regular and compact form and shapes, and such districts shall as nearly as possible have the same number of inhabitants as any other district; but no voting precinct shall be divided by any such district; Provided, in counties having cities of over one thousand inhabitants and where such cities have more inhabitants than the average outlying district, the county board shall add enough contiguous territory to such city so that the inhabitants in such city and contiguous territory shall equal the inhabitants of two of the other districts. The county board shall then divide the tract thus segregated into two supervisor districts with as nearly as possible equal population, and when so divided, each of said districts shall elect one supervisor who shall reside in such supervisor district and be nominated and elected by the qualified electors residing in that district: Provided, further, if any such city has more than the requisite inhabitants for two supervisor districts, then, and in such event, sufficient outlying territory. may be added to such city to make three supervisor districts. The supervisor in each supervisor district in such city shall reside in such supervisor district, and be nominated and elected by the qualified electors residing in that supervisor district, and the balance of the county outside of such city districts shall be divided so as to create seven supervisor districts.

Sec. 2. Amendment.-That Section 992 of Revised Statutes of Nebraska for 1913 is hereby amended to read as follows:

992 Supervisor districts in cities. In the event any city having one thousand inhabitants or more shall have enough inhabitants to form one supervisor district, then such city shall constitute one district, or in case the number of inhabitants is less than the number in the other districts, then so much contiguous territory shall be added to such city to give it sufficient inhabitants for one supervisor district. Villages may be enumerated with general districts, counting all the inhabitants therein as being within the districts wherein such town or village is situated. Provided no village, or any part thereof, shall be included in or made a part of any supervisor district containing a city having one thousand inhabitants or more, or containing any part of such city.

Sec. 3. Amendment. That Section 1053 of Revised Statutes of Nebraska for 1913 is hereby amended to read as follows:

1053 Change of districts.-The Supervisor districts may be changed after each state and federal census, if it shall appear from an examination of the number of votes in any district or districts that the inhabitants have become unequal among the several districts. Provided, in the event of any change or amendment of this act which may necessitate a change in the boundaries of such supervisor districts, or any one of them, then it shall be the duty of the county board to make such change in boundary at their next regular meeting after such change or amendment takes effect.

Sec. 4. Repeal.-That sections 990, 992 and 1053 of Revised Statutes of Nebraska for 1913 are hereby repealed.

Approved, April 14, 1917.

An Act to amend Section 1004, Revised Statutes of 1913, and 1961, Revised Statutes 1913, as amended by Chapter 29, Session Laws of 1915, relating to township officers and to repeal said original sections.

Be it Enacted by the People of the State of Nebraska:

Section 1. Amendment.—That Sections 1004, Revised Statutes for 1913, and 1961, Revised Statutes of 1913 as amended by Chapter 29, Session Laws of 1915, are hereby amended to read as follows:

1004 Counties-township officers. At the first town meeting held as provided in this article, the qualified electors of each town shall elect by ballot from their own number, one town treasurer, one constable, three judges of election, and two clerks of election all of whom shall duly qualify as provided by law and hold their offices until their successors shall be duly elected and qualified. The bonds of the officers mentioned in this section shall be approved by the town board. An overseer of roads for each road district within the township shall be appointed by the township board at the first meeting of said board after the annual town meeting. He shall hold his office for a period of one. year and until his successor is appointed and qualified. He shall be under the direction of the township highway superintendent. and his accounts shall be paid only after approval by the township highway superintendent.

1961 Sec. 23. Township officers. At the first general election after the adoption of township organization and every two years thereafter, there shall be elected one town clerk, one town treasurer and one justice of the peace.

Sec. 2. Repeal. That said original sections 1004, Revised Statutes of 1913, and section 1961, Revised Statutes of Nebraska for 1913 as amended by Chapter 29, Session Laws of 1915, are hereby repealed.

Approved, April 25, 1917.