voting by yeas and nays), appoint all 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, 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 questions 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 thirtythird session of the legislature, nominate and, with the consent of two-thirds 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 respectively. 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 general, commissioner of public lands and buildings, or superintendent of public instruction, shall be vacated by death, resignation or otherwise, it shall be the duty of the governor to fill the same by appointment, and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law.

SEC. 21. [Accounts of public officers.] An account shall be kept by the officers of the executive department and of all the public institutions of the state of all moneys received or disbursed by them severally from all sources,

and for every service performed, and a semi annual report thereof be made to the governor under oath; and any officer who makes a false report shall be guilty of perjury and punished accordingly.

SEC. 22. [Reports to governor.] The officers of the executive department and of all the public institutions of the state shall at least ten days preceding each regular session of the legislature severally report to the governor, who shall transmit such reports to the legislature together with the reports of the judges of the supreme court of defects in the constitution and laws, and the governor or either house of the legislature may at any time require information, in writing, under oath, from the officers of the executive department, and all officers and managers of state institutions, upon any subject relating to the condition, management and expenses of their respective offices.

SEC. 23. [Seal of state.] There shall be a seal of the state, which shall be called the "Great Seal of the State of Nebraska" which shall be kept by the Secretary of State, and used by him officially as directed by law.

SEC. 24. [Salaries; fees; clerks.] The salaries of the governor, auditor of public accounts and treasurer, shall be two thousand five hundred dollars each per annum, and of the secretary of state, attorney general, superintendent of public instruction, and commissioner of public lands and buildings shall be two thousand dollars each per annum. The lieutenant governor shall receive twice the compensation of a senator, and after the adoption of this constitution, they shall not receive to their own use any fees, costs, interest upon public moneys in their hands, or under their control, perquisites of office or other compensation, and all fees that may hereafter be payable by law for services performed by an officer provided for in this article of the constitution shall be paid in advance into the state treasury. There shall be no allowance for clerk hire in the offices of the superintendent of public instruction and attorney general.

SEC. 25. [Bonds of officers.] The officers mentioned in this article shall give bonds in not less than double the