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seizure.

SEC. 7. The right of the people to be secure in Search and their persons, houses, papers, and effects against unreasonable searches and seizures, shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be seized.

SEC. 8. The privilege of the writ of habeas Habeas corpus. corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety requires it, and then only in such manner as shall be prescribed by law.

SEC. 9. All persons shall be bailable by suffi- Ball. cient sureties, except for treason and murder, where the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

SEC. 10. No person shall be held to answer for Criminal a criminal offense, except in cases in which the punishment is by fine or imprisonment, otherwise than in the penitentiary, in case of impeachment, and in cases arising in the army and navy or in the militia, when in actual service in time of war or public danger, unless on a presentment or indictment of a grand jury; Provided, That the legislature may by law provide for holding persons to answer for criminal offenses on information of a public prosecutor, and may by law abolish, limit, change, amend, or otherwise regulate the grand jury system.

guaranteed.

SEC. 11. In all criminal prosecutions the ac- Impartial trial cused shall have the right to appear and defend in person or by counsel, to demand the nature and

Justice administered without delay.

Treason.

Penalties.

Bill of attain

der; ex post facto law.

cause of accusation, and to have a copy thereof; to meet the witnesses against him face to face; to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed. (4 Neb., 226, 547; 5 Neb., 34; 11 Neb., 1; 14 Neb., 19.)

SEC. 12. No person shall be compelled, in any criminal case, to give evidence against himself, or be twice put in jeopardy for the same offense. (12 Neb., 540.)

SEC. 13. All courts shall be open, and every person, for any injury done him in his lands, goods, person, or reputation, shall have a remedy by due course of law, and justice administered without denial or delay.

SEC. 14. Treason against the state shall consist only in levying war against the state, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

SEC. 15. All penalties shall be proportioned to the nature of the offense, and no conviction shall work corruption of blood or forfeiture of estate; nor shall any person be transported out of the state for any offense committed within the state.

SEC. 16. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immunities, shall be passed. (1 Neb., 381, 419, 462; 3 Neb., 383; 6 Neb., 33; 7 Neb., 179.)

power.

SEC. 17. The military shall be in strict subordi- Military nation to the civil power.

SEC. 18. No soldier shall in time of peace be Militia. quartered in any house without the consent of the owner; nor in time of war, except in the manner prescribed by law.

SEC. 19. The right of the people peaceably to assemble to consult for the common good, and to petition the government, or any department thereof shall never be abridged.

Right of petition.

Imprisionment

SEC. 20. No person shall be imprisioned for for debt. debt in civil action on mesne or final process,

any unless in cases of fraud. (13 Neb., 194.)

perty.

SEC. 21. The property of no person shall be Private protaken or damaged for public use without just compensation therefor. (1 Neb., 30; 2 Neb., 399; 3 Neb., 241; 6 Neb., 71; 12 Neb., 166; 13 Neb.,

319; 14 Neb., 554.)

elections.

SEC. 22. All elections shall be free; and there Freedom of shall be no hindrance or impediment to the right

of a qualified voter to exercise the elective franchise.

SEC. 23. The writ of error shall be a writ of writ of error. right in all cases of felony; and in capital cases shall operate as a supersedeas to stay the execution. of the sentence of death until the further order of

the

supreme court in the premises.

(8 Neb., 24.)

SEC. 24. The right to be heard in all civil cases Rights in civil

in the court of last resort by appeal, error, or other

wise, shall not be denied. (5 Neb., 458; 6 Neb.,

71; 12 Neb., 72.)

cases.

SEC. 25. No distinction shall ever be made by Aliens law between resident aliens and citizens in refer

Powers retained by People.

ence to the possession, enjoyment, or descent of property. (2 Neb., 9.)

SEC. 26. This enumeration of rights shall not be construed to impair or deny others retained by the people, and all powers not herein delegated remain with the people.

Division of

power..

ARTICLE II.-DISTRIBUTION OF POWERS.

SECTION 1. The powers of the government of this state are divided into three distinct departments: the legislative, executive, and judicial, and no person, or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted. (6 Neb., 69; 7 Neb., 180; 15 Neb., 681.)

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ARTICLE III.-LEGISLATIVE.

SECTION 1. The legislative authority is vested in a senate and house of representatives. (7 Neb., 314; 15 Neb., 682.)

SEC. 2. The legislature shall provide by law for an enumeration of the inhabitants of the state in the year eighteen hundred and eighty-five, and every ten years thereafter; and at its first regular session after each enumeration, and also after each enumeration, and also after each enumeration made by the authority of the United States, but at no other time, the legislature shall apportion the senators and representatives according to the number of inhabitants, excluding Indians not taxed, and

soldiers and officers of the United States army and

navy.

Number of

SEC. 3. The house of representatives shall con-members. sist of eighty-four members, and the senate shall consist of thirty members, until the year eighteen hundred and eighty, after which time the number of members of each house shall be regulated by. law; but the number of representatives shall never exceed one hundred, nor that of senators thirtythree. The sessions of the legislature shall be biennial, except as otherwise provided in this constitution. (See chapter "Apportionment," Comp. Stat. 1885.)

conpensation.

SEC. 4. The term of office of members of the Terms of office: legislature shall be two years, and they shall each receive pay at the rate of five dollars per day during their sitting, and ten cents for every mile they shall travel in going to and returning from the place of meeting of the legislature, on the most usual route; Provided, however, That they shall not receive pay for more than sixty days at any one sitting, nor more than one hundred days during their term.

That neither members of the legislature nor employes shall receive any pay or perquisites other than their salary and mileage. Each session, except special sessions, shall be not less than sixty days. After the expiration of forty days of the session no bills nor joint resolutions of the nature of bills shall be introduced, unless the governor shall by special message call the attention of the legislature to the necessity of passing a law on the

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