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DEPARTMENT OF PUBLIC INSTRUCTION

State Superintendent-John M. Matzen, Fremont.
Deputy State Superintendent-John Speedie.....
Rural School Inspector-I. N. Clark..

Assistant Superintendent-Cora A. Thompson..
Assistant Superintendent-Lulu S. Wolford..

Normal Training Inspector-Archer L. Burnham.
Asst. Normal Training Inspector-Frank R. Beers.

Salary ..$5,0001

2,640

2,500

2,250

2,250

3,000

2,700

ASSISTANTS

Secretary-Cecile Snapp

.$1,320

Secretary Normal Training & Bookkeeper-Ruth E. Wheeler.

1,380

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By an act of the territorial; legislature approved March 16, 1855, the territorial librarian was constituted superintendent of public instruction. The legislature of 1858 provided for a territorial commissioner of common schools to be elected for a term of two years. The legislature of 1861 consolidated this office with that of the territorial auditor. By act of the state legislature of February 15, 1869, the office of state superintendent of public instruction was created. The constitution of 1875 put the office on a constitutional basis and provided in section 24 of article V that "there shall be no allowance for clerk hire in the offices of the superintendent and attorney general." Under the decision of the Nebraska supreme court (25 Neb. 669), made in 1889, it was held that "clerk" as here used had its common-law meaning and did not include deputy or stenographer. The revision of the constitution in 1920 changes this section to fit present day conditions. The legislature of 1917 put the election of state superintendent on a non-partisan basis. A constitutional amendment adopted September 21, 1920, extended the term of the superintendent to four years, beginning in 1923.

DUTIES AND POWERS

The superintendent is required to

Organize teachers' normal institutes and attend them if possible.
Visit schools and advise with teachers and state officers.

Decide disputed points in school law, these opinions to have the
force of law until reversed by the courts.

1.

2.

3.

4.

Prescribe forms for making reports and regulations for proceedings under the general school laws.

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Apportion state school funds.

7. Designate normal training high schools and prescribe conditions of admission to classes, and inspect these schools.

8. Expend appropriations to aid weak school districts.

9. Prepare all questions for examination of applicants for teachers' certificates and prescribe regulations for such examinations.

'Salary fixed by constitutional amendment effective January 21, 1921.

10.

Supervise instruction in agriculture, manual training and home economics in certain high schools.

11.

Prescribe a uniform system of accounting for all public school districts.

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This office was created by the constitution of 1875. Prior to that time the auditor had charge of the educational lands of the state, and the various buildings were under supervision of appointed boards. In 1903 the legislature created the office of state surveyor, such officer to be appointed by the commissioner of lands and buildings. The surveyor is required to take charge of field notes, maps, and records of government surveys and to render advice on all questions or inquiries relating to surveys and grievances or disputes arising out of conflicting surveys. By amendment to the constitution adopted in 1912 the custody of the buildings and grounds of the state penal and charitable institutions passed to the board of control for state institutions.

DUTIES AND POWERS

The commissioner is required to

1.

2.

Keep record and have custody of the public lands of the state, except where otherwise provided by the constitution and statutes. Appoint and supervise a state surveyor.

3. Prepare leases and deeds for public lands.

Member of

RELATION TO BOARDS

board of educational lands and funds.

PUBLICATIONS

Biennial report.

Surveyor pamphlet.

'Salary fixed by constitutional amendment effective January 1, 1921.

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The office of attorney general grew out of specific legislative acts authorizing the governor to employ counsel to perform legal duties for the state. An act of 1869 provided for the election of an attorney general. There was opposition to the continuance of the office in the constitutional convention of 1875, but the office was included with the constitutional elective offices in that instrument.

The legislature of 1919 passed an act creating the department of justice, with the attorney general as the head of the department. This department has "general control and supervision of all actions and legal proceedings in which the state of Nebraska may be a party or be interested," and has "charge and control of all the legal business of all departments and bureaus of the state or of any office thereof which requires the services of attorney or counsel in order to protect the interests of the state," except any military bureaus or departments of the state.

The practice of employing private counsel for the departments has been abolished.

DUTIES AND POWERS

The attorney general has the same powers and prerogatives in each of the several counties of the state as the county attorneys have in their respective counties. He is required—

1. To appear and defend actions and claims against the state.

2.

To consult with and advise the county attorneys, when requested by them, in all criminal matters and in matters relating to public revenue.

3. To give, when required, without fee, his opinion in writing upon all questions of law submitted to him by the governor or the head of any executive department or either branch of the legislature.

4.

5.

6.

At the request of the governor or head of any executive department to prosecute or defend for the state all actions and proceedings, civil or criminal, relating to any matter connected with their departments.

To enforce the proper application of moneys appropriated by the legislature to the various funds of the state, and prosecute. breaches of trust in the administration of such funds.

To prepare, when requested by the governor or other executive officers, proper drafts for contracts, forms or other writings which may be wanted for use.

7.

To appear for the state and prosecute and defend all actions and proceedings, civil or criminal, in the supreme court, in which the state is interested or a party, and when requested by the governor or either branch of the legislature, to appear for the state and prosecute or defend any action or conduct any investigation in which the state is interested or a party before any court, officer, board or tribunal or commission.

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'Salary fixed by constitutional amendment effective January 1, 1921.

HISTORY

The supreme court had its origin in the organic act creating the territory May 30, 1854, which declared that "The supreme court shall consist of a chief justice and two associate justices." The constitutions of 1866 and also 1875 provided for three judges. Prior to the constitution of 1875 the members of this court also presided over the district courts. The cases before the supreme court became so numerous that the legislature of 1901 authorized the supreme court to appoint nine commissioners to aid them in clearing up the docket. The legislature of 1905 reduced the number of supreme court commissioners to six. By constitutional amendment adopted November, 1908, the supreme court was increased from three to seven judges.

To make it possible to expedite the work of the court, an amendment submitted by the constitutional convention of 1920, provided that the supreme court might sit in two divisions, and empowered the chief justice to appoint district judges to sit with the supreme judges in order to have five judges in each division. Cases involving the constitutionality of a statute, and all appeals from a conviction of homicide must be heard by the undivided court. This arrangement made it possible to dispense with the supreme court commissioners.

The new constitution also provides for the election of the six justices by the electors of six districts, leaving only the chief justice to be elected at large.

JURISDICTION

1. Has original jurisdiction in cases relating to revenue, civil cases in which the state shall be a party, mandamus, quo warranto, habeas corpus, and such appellate jurisdiction as may be provided by law.

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1..

Johnson, Nemaha, Pawnee, John B. Raper....
Richardson

2........ Cass, Otoe, Sarpy.

3........Lancaster

G. W. Goldsmith, Reporter.
James T. Begley.

L. L. Turpin, Reporter.
E. J. Clements...

Pawnee City
Pawnee City
Plattsmouth

Plattsmouth

Lincoln

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[Burt, Douglas, Washington James M. Fitzgerald....

Omaha

T. P. Wilson, Reporter.
L. B. Day...

Omaha

¡Omaha

W. S. Heller, Reporter.

Omaha

Charles Leslie

Omaha

James M. Johnson, Reporter.... [Omaha

'Salaries of district judges are $5,000. Each judge has a court reporter

at $2,750 a year.

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