good moral character and well qualified, in our judgment, for the duties of such office."

Candidates For The Office Of Excisemen Provided For In This Act Shall Be Nominated At Large In The Same General Manner And Method As Herein before Provided For The Nomination Of Candidates For The Office Of Council

man.

SEC. 3. [Amendment.] That Section 8728 of Chapter 37 of Cobbey's Annotated Statutes of Nebraska for 1911 [C. S., Ch. 14a, Art. 3, § 22], be amended to read as follows:

Section 8728. [Candidates, how chosen.] The fourteen candidates receiving the highest number of votes at such primary election held in any city containing over one hundred thousand population, according to said census, or all candidates, if there be less than fourteen upon the primary ballot, shall be the candidates and the only candidates whose names shall be placed upon the official ballot for councilmen at such regular or general city election in such city; and in any city containing over twenty-five thousand and less than one hundred thousand population, according to such census, the ten candidates receiving the highest number of votes at such primary, or all candidates, if there be less than ten on the primary ballot, shall be the candidates, and the only candidates, whose names shall be placed upon the official ballot for councilmen at such regular or general city election in any such city; and in any city containing over five thousand and less than twentyfive thousand population, according to such census, the six candidates receiving the highest number of votes at such primary, or all candidates, if there be less than six on the primary ballot, shall be the candidates and the only candidates, whose names shall be placed upon the official ballot for councilmen at such general city election in any such city, and in cities Where Excisemen Are To Be Elected, The Six Candidates Receiving The Highest Number Of Votes For Excisemen At Such Primary, Or All Candidates, If There Be Less Than Six On The Primary Ballot, Shall Be The Candidates, And The Only Candidates, Whose Names Shall Be Placed Upon The Official Ballot For Excisemen At Such Regular Or General City Election In Any Such City.

SEC. 4. [Amendment.] That Section 8729 of Chapter 37 of Cobbey's Annotated Statutes of Nebraska for 1911 [C. S., Ch. 14a, Art. 3, § 23], be amended to read as follows:

Sec. 8729. [Election, how conducted.] At the regular or general city election at which such candidates so nominated are to be elected, the ballot shall be prepared in substantially the same general form and the names rotated as herein before provided for their nomination at the primary election; and the three, five or seven persons, as the case may be, receiving the highest number of votes, shall be the councilmen elected and in any city where excisemen are to be elected, the three persons receiving the highest number of votes for such office shall be the excisemen elected. In all other respects the general laws in force in any such city respecting the holding and conducting and declaring the result of any such regular or general city election shall apply, so far as the same are applicable and not inconsistent with the provisions of this act.

SEC. 5. [Amendment.] That Section 8730 of Chapter 37 of Cobbey's Annotated Statutes of Nebraska for 1911 [C. S., Ch. 14a, Art. 3, § 24.], be amended to read as follows:

Sec. 8730. [Officers, qualification, term.] Said councilmen and excisemen shall qualify and give bond in the manner and amount provided by the existing laws governing the city wherein they are elected and the terms of office of such councilmen and excisemen shall commence and terminate at such times as may be provided by the laws governing the cities wherein they are elected provided that in cities of over 40,000 or less than 100,000 population, the term of office of all elective officers shall be two years and if any vacancy occur in the office of councilman, the remaining members of the council shall appoint a person to fill such vacancy for the balance of the term, and if any vacancy occur in the office of exciseman, the remaining members of the excise board shall appoint a person to fill such vacancy for the balance of the term; and the terms and office of the mayor and councilmen and excisemen in any such city in office at the beginning of the term of office of the councilmen first elected under the provisions of this act, shall then cease, and the terms of office

of all other elective or appointive officers in force within or for any such city, except as herein otherwise provided, shall cease as soon as the council herein provided for shall select or appoint their successors and such successors qualify and give bond as by law provided, or as soon as such council shall by resolution declare the terms of any such elective or appointive officers at an end or abolish or discontinue the office.

SEC. 6. [Amendment.] That Section 8731 of Chapter 37 of Cobbey's Annotated Statutes of Nebraska for 1911 [C. S., Ch. 14a, Art. 3, § 25], be amended to read as follows:

Sec. 8731. [Salaries.] In all cities containing one hundred thousand or more population, according to such census, the annual salary of each of such councilmen shall be Four Thousand, Five Hundred Dollars ($4,500). In all cities containing forty thousand and less than one hundred thousand population, according to such census, the annual salary of each of such councilmen shall be Two Thousand Dollars ($2,000), and of each exciseman Three Hundred Dollars ($300). In all cities containing twenty-five thousand and less than forty thousand population, according to such census, the annual salary of each of such councilmen shall be One Thousand Dollars ($1,000). In all cities containing seven thousand and less than twenty-five thousand population, according to such census, the annual salary of each of such councilmen shall be fixed by ordinance, not to exceed, however, the sum of One Thousand Dollars ($1,000). And in all cities containing five thousand and less than seven thousand population, according to such census, the annual salary of such councilmen shall be Three Hundred Dollars ($300). Provided, however, that the mayor in any of such cities, selected and appointed in the manner hereinafter provided, shall receive in addition to his salary as councilman, the following amounts, to-wit: In cities containing one hundred thousand or more population, according to such census, Five Hundred Dollars ($500). In cities containing forty thousand and less than one hundred thousand population, according to such census, Five Hundred Dollars ($500). In cities containing according to such census, twenty-five thousand and less than forty thousand population, Five Hundred ($500) Dollars. In cities containing seven

thousand and less than twenty-five thousand population, according to such census, Three Hundred Dollars ($300); and in cities containing five thousand and less than seven thousand population, according to such census, Two Hundred Dollars ($200). Such salaries, and additional amounts to the mayor, shall be paid in equal monthly installments in any of such cities. The salary or compensations of all other officers or employes of any such cities shall be determined when they are appointed or elected by the said council and shall be payable at such period as the said council shall determine.

SEC. 7. [Amendment.] That Section 8732 of Chapter 37 of Cobbey's Annotated Statutes of Nebraska for 1911 [C. S., Ch. 14a, Art. 3, § 26], be amended to read as follows:

Sec. 8732. [Council, powers, duties; departments.] The said council herein provided for, upon taking office, shall have, possess and exercise by itself or through such methods as it may provide, all executive or legislative or judicial powers and duties hitherto held, possessed or exercised under the then existing laws governing any such city, by the mayor or mayor and city council or water commissioners or water board or water and light commissioner or board of fire and police commissioners or park commissioners or park board, or members thereof or fire warden, and the powers, duties and office of such fire warden and of all such boards and the members thereof shall then and thereupon cease and terminate; and the powers, duties and officers of all other boards created by statute for the government of any such city shall also thereupon cease and terminate; provided, however, nothing herein contained shall be so construed as to interfere with the powers, duties, authority and privileges that have been, are or may be hereafter conferred and imposed upon the water board in metropolitan cities as prescribed by law, or shall affect the power of city school or school district officers or office, nor of any office or officer named in the state constitution exercising office, powers or functions within any such city; and such council, upon taking office shall have and may exercise all executive or legislative or judicial powers possessed or exercised by any other officer or board hitherto provided by law for or within any such city, except officers named in the state

constitution. Provided, however the excise board herein provided for upon taking office, shall possess and exercise by itself all of the duties and powers hitherto possessed or exercised by the excise board under the then existing laws governing any such city except the appointment, removal and control of the police force, which power shall be vested in the council; and the executive and administrative powers, authorities and duties in such cities shall be distributed into and among departments as follows, to-wit:

In cities containing one hundred thousand population or more, according to such census, as follows: 1. Department of Public Affairs. 2. Department of Accounts and Finances; 3. Department of Police, Sanitation and Public Safety; 4. Department of Fire Protection and Water Supply; 5. Department of Street Cleaning and Maintenance; 6. Department of Public Improvements; 7. Department of Parks and Public Property. In cities containing twenty-five thousand and less than one hundred thousand population, according to such census, as follows: 1. Department of Public Affairs; 2. Department of Accounts and Finances; 3. Department of Public Safety; 4. Department of Street and Public Improvements; 5. Department of Parks and Public Property. In cities containing five thousand and less than twenty-five thousand, according to such census as follows: 1. Department of Public Affairs and Public Safety. 2. Department of Accounts and Finances. 3. Department of Streets, Public Improvements and Public Property. And the council shall provide, as nearly as may be, the powers and duties to be exercised and performed by and assign them to the appropriate departments and may prescribe the powers and duties of all officers and employes of the city and may assign particular officers or employes to more than one of the departments and may require any officer or employe to perform duties in two or more of the departments and may make such other rules and regulations as may be necessary or proper for the efficient and economical management of the business affairs of the city.

SEC. 8. Amendment. That Section 8745 of Chapter 37 of Cobbey's Annotated Statutes of Nebraska for 1911 [C. S., Ch. 14a, Art. 3, § 39], be amended to read as follows: