should be ratified by the Nebraska legislature. This was done in a special session on February 20 and 21, 1867, and on March 1, 1867, President Johnson proclaimed Nebraska to be a state.

The inadequacy of the constitution of 1866 was soon felt and the state legislature at its fifth session, by a joint resolution approved February 15, 1869, submitted to the electors a proposition to hold a constitutional convention. On October 11, 1870, the voters, by a vote of 3,968 in favor to 979 against, decided to hold the convention. An act approved March 27, 1871, fixed the date for election of members to the convention on the first Tuesday in May, 1871, and required them to convene in Lincoln on the second Tuesday in June following. On June 13, 1871, Silas A. Strickland of Douglas county was chosen permanent president of the convention. The convention sat forty-seven days. Its discussions covered nearly all the political, social and religious questions of that day. Five different propositions, which a majority of the convention were unwilling to adopt, were submitted separately, viz.: woman suffrage, prohibition, compulsory education, municipal aid to corporations, and liability of stockholders. By a vote of 7,986 for and 8,627 against, this constitution was rejected by the people on September 19, 1871, likewise all the propositions submitted separately. The most potent causes of its defeat were the provisions taxing church property which exceeded five thousand dollars in value and the one providing that railroad right of way should revert to the original owners when no longer used for railroad transportation.

Agitation for a new constitution grew stronger as settlement extended west of the central portion of the state. The legislature by a joint resolution, approved February 26, 1873, again submitted the proposition for a constitutional convention. At the election in October, 1874, the proposition earried by a vote of 18,067 to 3,880. On February 20, 1875, the legislature passed an act providing for the election of members of the constitutional convention on April 6 of that year and required the convention to assemble in Lincoln May 11. There were sixty-nine members of this convention. John L. Webster of Douglas county was made permanent president and Guy A. Brown, secretary. The convention adjourned on June 12 and the constitution, which continued to be the fundamental law of the state until January 1, 1921, was adopted on October 12, 1875, by a vote of 30,202 to 5,474.

The constitution of 1875 was in large part the same as the rejected constitution of 1871. The executive, legislative and judicial departments were enlarged, and more adequate salaries provided for. State officers were prohibited from appropriating fees to their own use. The judges of the supreme court were relieved from duty as district judges. Special legislation was forbidden. Provision was made for regulation of corporations. The power of taxation was limited.

Thirty-nine amendments were submitted by the legislature, or initiative, to the people during the years from 1875 to and including 1918. The most persistent subjects were the increase in the number and salaries of judges, which was considered at six elections; the creation of a railway commission, which was voted on four times; and the salary of legislators, which was considered three times and twice raised by amendment.

Only eleven of the amendments voted on were finally adopted. These are: 1. Increasing pay of legislators. 2. Creating a railway commission. 3. Increasing number and pay of judges. 4. Investment of school funds. 5. Initiative and referendum. 6. Increasing pay of legislators. 7. Creating board of commissioners for state institutions. 8. Providing for biennial elections. 9. Home rule charters for cities. 10. Prohibition. 11. Forbidding suffrage to aliens.

With the exception of the first of these amendments increasing legislative salaries, on which the vote was recounted by the legislature under

circumstances that argue for a generous interpretation of the contents of the ballot boxes, all of the successful amendments submitted by the legislature have had the aid of what is known as the "party circle" law enacted in 1901, and the primary law of 1907. These laws permit the counting of straight party votes in favor of an amendment, if the party has endorsed the amendment at the primaries. Without this form of assistance, it was impossible to amend the fundamental law of Nebraska except through the initiative, which was adopted in November, 1912. The constitutional requirement of a favorable majority of all the electors voting at an election for the adoption of an amendment blocked all amendment.

This inelasticity enforced rigidity upon the entire instrument. Growth of activities and function were purposely arrested by a provision that "no other executive office shall be continued or created." The burden of all new forms of executive activity thus was forced on officers elected or appointed under the constitution. This resulted in the creation of deputyships. These official positions separated power from performance, and thrust many dissimilar responsibilities upon constitutional officers whose other and fundamental duties grew with the development of the state.

The original shorthand report of the proceedings of the constitutional convention of 1871 was discovered in a state house vault in 1899. In 1905 the legislature made an appropriation for the publication of these proceedings, and they were published by the Nebraska state historical society in two volumes. This Society later published the journal of the constitutional convention of 1875. The report of the proceedings of the 1875 convention is lost.

The constitutional convention of 1919 convened December 2, 1919. It took a recess on March 25, 1920, until October 19, 1920, when it met for an adjourned session. It submitted forty-one amendments to the people and at a special election held on September 21, 1920, all of the amendments were adopted. A committee had been appointed by the convention before adjournment on March 25 to incorporate the amendments adopted into the constitution of 1875. On October 19, 1920, the convention met and signed the document which appears below.

CONSTITUTION OF THE STATE OF NEBRASKA,

AS AMENDED AND IN FORCE, 1922

In the following pages, where practicable, the changes made in 1920 are put in black face. Amendments adopted between 1875 and 1920 are indicated by footnotes.

PREAMBLE. We, the people, grateful to Almighty God for our freedom, do ordain and establish the following declaration of rights and frame of government, as the Constitution of the State of Nebraska.

ARTICLE I-BILL OF RIGHTS

Section 1. All persons are by nature free and independent, and have certain inherent and inalienable rights; among these are life, liberty and the pursuit of happiness. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed.

Sec. 2. There shall be neither slavery nor involuntary servitude in this state, otherwise than for punishment of crime, whereof the party shall have been duly convicted.

Sec. 3. No person shall be deprived of life, liberty, or property, without due process of law.

Sec. 4. All persons have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No person shall be compelled to attend, erect or support any place of worship against his consent, and no preference shall be given by law to any religious society, nor shall any interference with the rights of conscience be permitted. No religious test shall be required as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths and affirmations. Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the legislature to pass suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction.

Sec. 5. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty, and in all trials for libel, both civil and criminal, the truth when published with good motives, and for justifiable ends, shall be a sufficient defense.

Sec. 6. The right of trial by jury shall remain inviolate, but the legislature may authorize trial by a jury of a less number than twelve in courts inferior to the District Court, and may by general law authorize a verdict in civil cases in any court by not less than five-sixths of the jury. Sec. 7. The right of the people to be secure in 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 searched, and the person or thing to be seized.

Sec. 8. The privilege of the writ of habeas 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 sufficient 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 punishment inflicted.

Sec. 10. No person shall be held to answer for 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.

Sec. 11. In all criminal prosecutions the accused shall have the right to appear and defend in person or by counsel, to demand the nature and 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.

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.

11920 constitutional convention struck out the word "men" after "twelve" and added words in black face. Proposal No. 1. two witnesses to the same overt act, or on confession in open court.

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 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.

Sec. 17. The military shall be in strict subordination to the civil power. Sec. 18. No soldier shall in time of peace be 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.

Sec. 20. No person shall be imprisoned for debt in any civil action or mesne or final process, unless in cases of fraud.

Sec. 21. The property of no person shall be taken or damaged for public use without just compensation therefor.

Sec. 22. All elections shall be free; and there 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 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.

Sec. 24. The right to be heard in all civil cases in the court of last resort, by appeal, error, or otherwise, shall not be denied.

Sec. 25. 2There shall be no discrimination between citizens of the United States in respect to the acquisition, ownership, possession, enjoyment or descent of property.

The right of aliens in respect to the acquisition, enjoyment and descent of property may be regulated by law.

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.

Sec. 27. "The English language is hereby declared to be the official language of this state, and all official proceedings, records and publications shall be in such language, and the common school branches shall be taught in said language in public, private, denominational and parochial schools.

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.

31920 constitutional convention added this section. Proposal No. 3. 21920 constitutional convention struck out the words "resident aliens and" before the word "citizen." Proposal No. 2.

ARTICLE III-LEGISLATIVE

Section 1. The legislative authority of the state shall be vested in a legislature consisting of a senate and house of representatives, but the people reserve to themselves power to propose laws, and amendments to the constitution, and to enact or reject the same at the polls independent of the legislature, and also reserve power at their own option to approve or reject at the polls any act, item, section, or part of any act passed by the legislature.

Sec. 2. "The first power reserved by the people is the initiative whereby laws may be enacted and constitutional amendments adopted by the people independently of the legislature. This power may be invoked by petition wherein the proposed measure shall be set forth at length. If the petition be for the enactment of a law, it shall be signed by seven per cent of the electors of the state and if the petition be for the amendment of the constitution, the petition therefor shall be signed by ten per cent of such electors. In all cases the electors signing such petition shall be so distributed as to include five per cent of the electors of two-fifths of the counties of the state and when thus signed the petition shall be filed with the secretary of state, who shall submit the measure thus proposed to the electors of the state at the first general election held not less than four months after such petition shall have been filed. The same measure, either in form or in essential substance, shall not be submitted to the people by initiative petition, either affirmatively or negatively, oftener than once in three years. If conflicting measures submitted to the people at the same election be approved, the one receiving the highest number of affirmative votes shall thereby become law as to all coflicting provisions. Th constitutional limitations as to the scope and subject matter of statutes enacted by the legislature shall apply to those enacted by the initiative.

Sec. 3. "The second power reserved is the referendum which may be invoked, by petition, against any act or part of an act of the legislature, except those making appropriations for the expense of the state government or a state institution existing at the time of the passage of such act. Petitions invoking the referendum shall be signed by not less than five per cent of the electors of the state, distributed as required for initiative petitions, and filed in the office of the secretary of state within ninety days after the legislature at which the act sought to be referred was passed shall have adjourned sine die or for more than ninety days. Such petition shall set out the title of the act against which the referendum is invoked, and in addition thereto, when only a portion of the act is sought to be referred, the number of the section or sections or portion of sections of the act designating such portion. When the referendum is thus invoked the secretary of state shall refer the same to the electors for approval or rejection at the first general election to be held not less than thirty days after the filing of such petition.

When the referendum is invoked, as to any act or part of act, other than emergency acts or those for the immediate preservation of the public peace, health or safety, by petition signed by not less than ten per cent of the electors of the state, distributed as aforesaid, it shall suspend the taking effect of such act or part of act until the same has been approved by the electors of the state.

Sec. 4. "The whole number of votes cast for governor at the general election next preceding the filing of an initiative or referendum petition

41912, initiative and referendum first adopted. Vote 189,200 for; 15.515 against. Endorsed in party platforms. Initiative and referendum sections re-written by constitutional convention of 1920. Proposal No. 4. centages of voters required for petitions were changed as follows:

Per

1920

7% 10%

5%