not increased.

tractor, after the services shall have been rendered or the Compensation contract entered into. Nor shall the compensation of any public officer be increased or diminished during his term of office.

SEC. 25. Members of the legislature, and all officers, Oath of office, executive and judicial, except such inferior officers as may be by law exempted, before they enter upon the duties of their respective offices, shall take and subscribe an oath or affirmation to support the constitution of the United States, and the constitution of the State of Nebraska, and faithfully discharge the duties of their respective offices to the best of their ability.

SEC. 26. The legislature shall determine what persons Militia. shall constitute the militia of the state, and may provide

for organizing and disciplining the same, in such manner

as shall be prescribed by law.

taken.

SEC. 27. In all elections by the legislature, the Votes, how members thereof shall vote viva voce and their votes shall

be entered on the journal.

SEC. 28. The house of representatives shall have the Impeachment. sole power of impeachment, but a majority of the members elected must concur therein. Impeachment shall be tried by the senate; and the senators, when sitting for that purpose, shall be upon oath or affirmation to do justice according to law and evidence. No person shall be convicted without the concurrence of two-thirds of the senators.

to impeach.

SEC. 29. The governor, secretary of state, auditor, treas- Officers liable urer, and judges of the supreme and district courts, shall be ment." liable to impeachment for any misdemeanor in office; but 3 Neb., 463. judgment in such cases shall extend only to removal from office, and disqualification to hold any office of honor, trust, or profit, under this state; but the party convicted or acquitted, shall, nevertheless, be liable to indictment, trial and punishment, according to law; All other

Appropriations to be specific.

Vaca cies in office.

Issuance of bonds.

civil officers shall be tried for misdemeanor in office in such manner as the legislature may provide.

SEC. 30. No money shall be drawn from the treasury, except in pursuance of a specific appropriation made by law; and no appropriation shall be made for a longer period than two years.

SEC. 31. The legislature may declare the cases in which any office shall be deemed vacant, and also the manner of filling the vacancy where no provision is made for that purpose in this constitution.

SEC. 32. The legislature shall not authorize the borrowing of money or the issuance of state bonds for any sum exceeding in the aggregate fifty thousand dollars, without submitting a proposition therefor to a vote of the people for their approval or rejection, except in case of war to repel invasion or suppress insurrection.

Officers of executive department.

ARTICLE III.

EXECUTIVE.

SECTION 1. The executive department shall consist of a governor, secretary of state, auditor, and treasurer, who shall be chosen by the electors of the state, on the second Terms of office. Tuesday of October, and at the places of voting for members of the legislature.

Returns of election.

SEC. 2. The governor, secretary of state and treasurer shall hold their offices for two years; and the auditor for four years. Their terms of office shall commence on the second Monday of January next after their election, and continue until their successors are elected and qualified.

SEC. 3. The returns of every election for the officers named in the foregoing section, shall be sealed up and transmitted to the seat of government by the returning officers, directed to the president of the senate, who, during the first week of the session, shall open and publish them,

and declare the result, in the presence of a majority of
the members of each house of the legislature. The per-
son having the highest number of votes shall be declared
duly elected; but if any two or more shall be highest
and equal in votes for the same office, one of them shall
be chosen by the joint vote of both houses.

e

е

SEC. 4. No person except a citizen of the United States Eligibility to
and a qualified elector of the State, shall be eligible to
any office provided for by this constitution.

office.

2

canvassed it no

legislature.

SEC. 5. Should there be no session of the legislature Returns, how
in January next after an election for any of the officers session of the
aforesaid, the returns of such election shall be made to the
secretary of state, and opened, and the result declared by
the governor, in such manner as may be provided by law.
SEC. 6. The supreme executive power of this state Executive
shall be vested in the governor.

power.

formation in

SEC. 7. He may require information, in writing, from May require in-
the officers in the executive department, upon any subject writing.
relating to the duties of their respective offices; and shall
see that the laws are faithfully executed.

legislature.

SEC. 8. He shall communicate at every session, by Message to
message to the legislature, the condition of the state, and
recommend such measures as he shall deem expedient.
SEC. 9. He may, on extraordinary occasions, convene May convene
the legislature by proclamation, and shall state to both extra-session.
houses, when assembled, the purpose for which they have 3 Neb., 409.
been convened.

legislature in

journ legisla

SEC. 10. In case of disagreement between the two Power to ad-
houses in respect to the time of adjournment, he shall have ture.
power to adjourn the legislature to such time as he may
think proper, but not beyond the regular meetings thereof.
SEC. 11. He shall be commander-in-chief of the mil- Commander-in-
itary and naval forces of the state, except when they shall

be called into the service of the United States.
SEC. 12. He shall have power, after conviction, to

c

chief.

a

grant reprieves, commutations and pardons for all crimes and offenses except treason and cases of impeachment, upon such conditions as he may thing proper; subject, however, to such regulations as to the manner of applying for pardon as may be prescribed by law. Upon conviction for treason, he may suspend the execution of the sentence, and report the case to the legislature at its next meeting, when the legislature shall either pardon, commute the sentence, direct its execution, 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 and crime of the convict, the sentence, its date, and the date of the commutation, pardon, or reprieve, with his reasons therefor.

SEC. 13. There shall be a seal of the state, which shall be kept by the governor, and used by him officially; and shall be called "The Great Seal of the State of Nebraska."

SEC. 14. All grants and commissions shall be issued in the name and by the authority of the state of Nebraska, sealed with the great seal, signed by the governor, and countersigned by the secretary of state.

SEC. 15. No member of congress, or other person holding office under the authority of this state, or of the United States, shall execute the office of governor, except as herein provided.

SEC. 16. In case of the impeachment of the governor, his removal from office, death, resignation, or absence from the state, the powers and duties of the office shall devolve upon the secretary of state, until such disability shall cease, or the vacancy be filled.

SEC. 17. If, during the vacancy of the office of governor, the secretary of state shall be impeached, displaced, resign, die, or be absent from the state, the powers and duties of the office of governor shall devolve upon the

president of the senate; and should a vacancy occur by
impeachment, death, resignation, or absence from the
state of the president of the senate, the speaker of the
house of representatives shall act as governor till the
vacancy be filled.

SEC. 18. The governor shall receive during his con- Salaries.
tinuance in office, an annual compensation of one thousand
dollars; the secretary of state, six hundred dollars; the
state treasurer, four hundred dollars; and the state auditor
eight hundred dollars.

be signed:

veto

SEC. 19. Every bill which shall have passed the legis- Bills passed to
lature, shall, before it becomes a law, be presented to the governor may
governor. If he approves, he shall sign it; but if not, he
shall return it, with his objections, to that house in which
it shall have originated, who shall enter the objections at
large upon the journal, and proceed to re-consider it. If,
after such re-consideration, two-thirds of the members pre-
sent shall agree to pass the bill, it shall be sent, together
with the objections, to the other house, by which it shall
likewise be re-considered, and approved by two-thirds of
the members present, it shall become a law. But in all
such cases the votes of both houses shall be determined
by yeas and nays, and the names of the members voting
for or against the bill, shall be entered on the journal of
each house respectively. If any bill shall not be returned
by the governor within three days (Sundays excepted)
after it shall have been presented to him, the same shall
be a law, unless the legislature shall, by their adjourn-
ment prevent its return, in which case it shall not be a
law.

officers.

SEC. 20. The secretary, auditor, and treasurer of state, Duties ofother
shall severally perform such duties as shall be prescribed
by law.