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10.

11.

Adams, Clay, Franklin, William A. Dilworth...
Harlan, Kearney, Phelps,| Dorsey D. Baird, Reporter..
Webster
Lewis H. Blackledge....
Lee W. Johnston, Reporter.
Blaine, Garfield, Grant, Edwin P. Clements....
Greeley, Hall, Hooker,] O. A. Abbott, Jr., Reporter..
Howard, Loup, Thomas, Bayard H. Paine...
Valley, Wheeler..

Wayne
Holdrege
Hastings
Red Cloud
Red Cloud

Grand Island

Grand Island
Grand Island

Grand Island

Kearney

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Dale P. Stough, Reporter..
Bruno O. Hostetler...
W. B. Haxby, Reporter.

Kearney

Kimball

Frank A. Smith, Reporter..

North Platte

14.

Chase, Dundy, Frontier. [

15.

Keith, Kimball, Lincoln, J. Leonard Tewell..
McPherson

Furnas, Gosper, Hayes, Charles E. Eldred.
Hitchcock, Perkins, Red V. R. Schober, Reporter.
Willow

Boyd, Brown, Holt, Keya Robert R. Dickson....
Paha, Rock

C. B. Scott, Reporter.

16........ Box Butte, Cherry, Dawes, William H. Westover.

Sheridan, Sioux..

Arthur, Banner, Garden,
Morrill, Scotts Bluff..

17

18.

Gage, Jefferson..

J. D. Scott, Reporter.

Ralph W. Hobart.

Loyd C. Schenck, Reporter.

Leonard W. Colby.

McCook
Cambridge

O'Neill
O'Neill

Rushville

Rushville

Gering

Gering

Beatrice

Ernest L. Kretsinger, Reporter|Beatrice

HISTORY

The organic act of May 30, 1854, provided for three judicial districts in the newly created territory. These courts were presided over by the justices of the supreme court, who were required to reside in the districts to which they were assigned. On December 20, 1854, Acting-Governor Cuming, by proclamation, assigned Chief Justice Fenner Ferguson to the first district, embracing the counties of Douglas and Dodge; Judge Edwin R. Hardin to the second district, embracing all that portion of the territory

lying south of the Platte river; and Judge James Bradley to the third district, embracing the counties of Washington and Burt. He also appointed first sessions of these courts at "Belleview," Douglas county; Nebraska City, Pierce county; and Florence, Washington county. An act of March 16, 1855, defined the first district as the counties of Douglas and Washington with court held in Omaha, and in Washington county. The second district included Richardson, Nemaha, Otoe, Cass, Lancaster, Greene, Clay, Saline, Pawnee, Johnston and York counties and court was held in various places in the district. The third district embraced the counties of Burt, Dodge, Loup, Black Bird, Dakotah, Buffalo, Cuming, Izard, Jackson and McNeil with court to be held at Fontanelle and Tekamah. The functions of these courts were further defined by the adoption of the code of February 13, 1857.

The constitution of 1875 provided for six judicial districts and relieved the judges of the supreme court of duties in the district courts. There are now eighteen districts with thirty-four judges.

A constitutional amendment adopted in September, 1920, provided that district judges must assist the supreme court when required.

JURISDICTION

These courts have "both chancery and common law jurisdiction, and such other jurisdiction as the legislature may provide; and the judges thereof may admit persons charged with felony to a plea of guilty and pass such sentence as may be prescribed by law."

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Assistant Secretary and Filing Clerk-Mary E. Sheehan..
Bookkeeper and Stenographer-Jennie M. Hitchcock....
Recording Clerk and Stenographer-Elsie Piper...

1,440

1,320

1,080

Telephone Operator and Stenographer-Grace Shepard.
Rate Expert-J. A. Little...

960

5,000

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

HISTORY

This office had its genesis in an act of the legislature approved March 5, 1885, creating the board of transportation, whose purpose was railroad regulation. The act was declared unconstitutional by the state supreme court on November 21, 1900. (60 Neb. 741). The act was repealed and the board abolished by the legislative act of March 30, 1901. The present railway commission was created by constitutional amendment adopted November, 1906. Its functions are more clearly defined and wider in scope than those of the earlier board.

1.

DUTIES AND POWERS

The railway commission has power and it is its duty toRegulate rates and service of and to exercise general control over all railroads, express companies, car companies, sleeping car companies, freight and freight line companies, water power companies, irrigation works, stock yards, electric transmission lines, grain warehouses, telephone and telegraph companies and any other common carrier engaged in the transportation of freight or passengers within the state.

2. Investigate all cases of alleged neglect or violation of laws by railway companies and other common

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carriers.

Inspect condition and equipment of each common carrier and make annual reports thereon.

5. Compel attendance of witnesses in investigations.

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This board was created by a constitutional amendment adopted November 5, 1912. Its name was changed from "Board of Commissioners of State Institutions" to "Board of Control" by constitutional amendment adopted September 21, 1920. It consists of three members appointed by the governor and confirmed by two-thirds of the senate, their terms of office being six years. This board has full power to control all present and future state penal, reformatory and charitable institutions subject to the limitations of the statute. The powers previously possessed by the governor

and the board of public lands and buildings with reference to the management and control of these institutions was vested in the board of commissioners of state institutions on July 1, 1913. An act, in effect April 21, 1913, prescribed the duties of the board. It is required to appoint certain chief officers of all the institutions under its control. The entire board is required to visit and inspect every institution at least once in six months, and at least one member must visit and inspect each institution once in sixty days. The board is required to purchase all necessary supplies for all the institutions. It has control of all admissions to the institutions. It must gather statistics and information and publish the same in its biennial report. The following institutions are under the management of the board: Soldiers' homes, hospitals for the insane, school for the deaf, institute for the blind, industrial schools, institution for the feeble-minded, industrial home, orthopedic hospital, hospital for tuberculous, penitentiary, home for dependent children, a reformatory for men and one for women. The legislature of 1921 made the board of control the legal custodian of dependent, defective and delinquent children, adjudged by the juvenile court to be in need of institutional care. The board was empowered to employ a clinical psychologist to assist it in placing such children in the proper institutions.

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The legislature of 1911 created the state prison board and the advisory board of pardons. The state prison board was composed of three members appointed by the governor to serve for three years. One of these was required to be a practicing physician and one a practicing attorney. The prison board was also the advisory board of pardons. The clerk of the state board of charities and corrections was secretary of these boards, and served also as state parole officer. The functions of these boards were merged in the department of public welfare in 1919.

A constitutional amendment adopted in 1920 created a board of pardons and designated the governor, secretary of state and attorney general as its members.

The pardon board

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2.

DUTIES AND POWERS

May remit fines and forfeitures, and grant commutations, pardons and paroles after conviction and judgment under such conditions as may be prescribed by law for offenses committed against the criminal laws of the state except treason and cases of impeachment.

May receive and consider applications for pardons, paroles, reprieves, commutations of sentence, remission of fines and forfeitures.

3. May hold public hearings on application for clemency, and must serve notice of such hearings upon certain officials, and upon the public by publication.

THE ADMINISTRATIVE DEPARTMENT

THE CIVIL ADMINISTRATIVE CODE1

The constitution of 1875 provided for eight executive officers and the board of university regents. Section 26 of Article V of that constitution expressly forbade the creation of any other executive offices. In process of time new functions of government were assumed and the prohibition of the constitution was evaded by the creation of various boards and commissions having for their nominal head one or more of the constitutional state officers while the real work was done by deputies. In 1915 a bill was passed for an efficiency survey of state offices, appropriating $4,000 for such survey. The bill was vetoed by Governor John H. Morehead on the ground that the state board of control, the legislative reference bureau and the state accountant could do the work without an appropriation. In 1918 a plank in the republican state platform pledged the party to the enactment of a civil administrative code. The party was successful at the election and the legislature of 1919, after a very fierce and prolonged contest in which party lines were considerably broken, enacted the existing civil administrative code. A referendum petition against this act was circulated, but owing to failure to comply with certain legal requirements the referendum failed to secure a place upon the official ballot and the code went into effect in July, 1919. The code law was also one of the issues in the election of 1920. The republican party again was victorious in that election and the law is in process of testing by experience. Governor S. R. McKelvie summarized the law as follows:

"The Civil Administrative Code eliminates eleven boards and commissions and ten other subdivisions of departments. It creates the following six administrative departments: Finance, Agriculture, Trade and Commerce, Labor, Public Works and Public Welfare. These departments are administered by secretaries appointed by the Governor with the consent of the House and Senate. Each of these secretaries receives an annual salary of $5,000. The six departments are subdivided into bureaus and divisions, the head of each of which is designated as a "chief". The six secretaries are responsible to the Governor, the chiefs of the bureaus and divisions are responsible to their respective secretaries, and the minor employees are responsible directly to their chiefs. Thus responsibility is fixed at every station and the commonly recognized practices of business administration are established."

The following pages give an account of the code departments as they now exist, together with a history of each activity as it existed prior to the enactment of the administrative code.

"The Nebraska legislative reference bureau has published a bulletin entitled "Reorganization of state government in Nebraska,"

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