Section 6. All votes shall be by ballot, or such other method as may be prescribed by law, provided the secrecy of voting be preserved. Proposing to amend section nine (9) of article eight (8) of the constitution of the state of Nebraska, providing for the investment of the permanent educational funds of the state. [Laws, 1895, chap. 115.] Be it Resolved and Enacted by the Legislature of the state of Nebraska: SECTION 1. That section nine (9) of article eight (8) of the constitution of the state of Nebraska be amended to read as follows: Section 9. All funds belonging to the state for educational purposes, the interest and income whereof only are to be used, shall be deemed trust funds held by the state, and the state shall supply all losses thereof that may in any manner accrue, so that the same shall remain forever inviolate and undiminished, and shall not be invested or loaned except on United States or state securities, or registered county bonds or registered school district bonds of this state, and such funds with the interest and income thereof are hereby solemnly pledged for the purposes for which they are granted and set apart, and shall not be transferred to any other fund for other uses; Provided, The board created by section 1 of this article is empowered to sell from time to time any of the securities belonging to the permanent school fund and invest the proceeds arising therefrom in any of the securities enumerated in this section bearing a higher rate of interest, whenever an opportunity for better investment is presented. And provided further, That when any warrant upon the state treasurer regularly issued in pursuance of an appropriation by the legislature and secured by the levy of a tax for its payment, shall be presented to the state treasurer for payment, and there shall not be auy money in the proper fund to pay such warrant, the board created by section 1 of this article may direct the state treasurer to pay the amount due on such warrant from moneys in his hands belonging to the permanent school fund of the state, and he shall hold said warrant as an investment of said permanent school fund. Proposing an amendment to the constitution of the State of Nebraska by adding a new section to article twelve (12) of said Constitution to be numbered section two (2) relative to the merging of the government of cities of the metropolitan class and the government of the counties wherein such cities are located. [Laws, 1895, chap. 116.] Be it Resolved and Enacted by the Legislature of the State of Nebraska : SECTION 1. That article twelve (12) of the Constitution of the State of Nebraska be amended by adding to said article a new section to be numbered section two (2) to read as follows: SECTION 2. The government of any city of the metropolitan class and the government of the county in which it is located may be merged wholly or in part when a proposition so to do has been submitted by authority of law to the voters of such city and county and received the assent of a majority of the votes cast in such city and also a majority of the votes cast in the county exclusive of those cast in such metropolitan city at such election. 325 A Joint Resolution proposing to amend section two (2) of article fourteen (14) of the Constitution of the State of Nebraska, relative to donations to works of internal improvements and manufactories. [Laws, 1895, chap. 117.] Be it Resolved and Enacted by the Legislature of the State of Nebraska : SECTION 1. That section two (2) of article fourteen (14) of the Constitution of the State of Nebraska be amended to read as follows: Sec. 2. No city, county, town, precinct, municipality, or other subdivision of the state, shall ever make donations to any works of internal improvement, or manufactory, unless a proposition so to do shall have been first submitted to the qualified electors and ratified by a two-thirds vote at an election by authority of law; Provided, That such donations of a county with the donations of such subdivisions in the aggregate shall not exceed ten per cent of the assessed valuation of such county; Provided further, That any city or county may, by a three-fourths vote, increase such indebtedness five per cent, in addition to such ten per cent and no bonds or evidences of indebtedness so issued shall be valid unless the same shall have endorsed thereon a certificate signed by the secretary and auditor of state, showing that the same is issued pursuant to law. BOUNDARY COMMISSION. 326 WHEREAS, The legislature of South Dakota has passed a joint resolution calling attention to the question of the boundary line between the states of Nebraska and South Dakota, said to be affected by a change in the channel of the Missouri river along the line between the counties of Clay, in South Dakota, and Dixon, in Nebraska; And Whereas, In said resolution, the legislature of South Dakota empowered the governor of the state of South Dakota to appoint three commissioners from said state to act with such like commissioners as may be appointed by the authority of the state of Nebraska to ascertain and report to their respective governors a true and correct boundary line between said states at the place herein mentioned and described: Now, therefore, Be it Resolved and Enacted by the Senate of the State of Nebraska, the House of Representatives concurring therein: That the governor of the state of Nebraska be, and is hereby authorized, empowered and directed to appoint three commissioners to act with such commissioners as are or may be appointed by the governor of South Dakota to ascertain and report to the governor as specified above at some time prior to the next session of the legislature of the state of Nebraska, together with a draft of a compact or agreement to be entered into by said states in settlement of said boundary. Whereas an emergency exists, this concurrent resolution shall take effect and be in force from and after its passage. Approved April 5th, A. D. 1895. "Concurrent resolution authorizing the governor of Nebraska to appoint three commissioners to act in conjunction with a like commission of the state of South Dakota in ascertaining the true and correct boundary line between the state of Nebraska and South Dakota as far as the same may be the boundary between the counties of Clay in South Dakota and Dixon in Nebraska." [1895, chap. 118.] THE COMPILED STATUTES OF THE STATE OF NEBRASKA. PART I. CHAPTER 1.-ADMISSION OF THE STATE. 327 Whereas, The Congress of the United States did, on the 9th day of February, A. D. 1867, pass an act, in the following words,-to wit: "An act for the admission of the state of Nebraska into the Union. Whereas, On the twenty-first day of March, Anno Domini eighteen hundred and Sixty four, Congress passed an act to enable the people of Nebraska to form a constitution and State government, and offered to admit said state, when so formed, into the Union, upon compliance with certain conditions therein specified; And, Whereas, it appears that the said people have adopted a constitution, which, upon due examination, is found to conform to the provisions, and comply with the conditions of said act, and to be republican in its form of government, and that they now ask for admission into the Union: Therefore, Be it enacted by the Senate and House of Representatives of the United States of America, in Congress Assembled, That the constitution and State government which the people of Nebraska have formed for themselves be, and the same is hereby, accepted, ratified and confirmed, and that the said State of Nebraska shall be, and is hereby declared to be one of the United States of America, and is hereby admitted into the Union upon an equal footing with the original States, in all respects whatsoever. 328 SEC. 2. And be it further enacted, That the said State of Nebraska, shall be, and is hereby declared to be entitled to all the rights, privileges, grants, and immunities, and to be subject to all the conditions and restrictions of an act entitled "An act to enable the people of Nebraska to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states." Approved, April nineteenth, eighteen hundred and Sixty four. 329 SEC. 3. And be it further enacted, That this act shall not take effect except upon the fundamental condition, that within the State of Nebraska, there shall be no denial of the elective franchise, or of any other right, to any person, by reason of race or color, excepting Indians not taxed; and upon the further fundamental NOTE.-Being "An Act declaring the assent of the state of Nebraska to an act of the congress of the United States, entitled, An Act for the admission of Nebraska into the Union,' passed February 9, A. D., 1867." Laws, 1867. 28. G. S., 71. The fundamental conditions imposed by congress and assented to by this act are a part of the constitution, and binding as such, although not submitted to a vote of the people. Brittle v. People, 2 Neb., 198. Since the admission of the state into the Union, the federal courts have no jurisdiction of the crime of larceny committed on an Indian reservation. Painter v. Ives, 4 Neb., 128. State courts have jurisdiction of crimes committed on Indian reservations within the state. Marion v. State, 16 Neb., 358. (57) condition, that the legislature of said state, by a solemn public act, shall declare the assent of said state to the said fundamental condition, and shall transmit to the President of the United States an authentic copy of said act; upon receipt whereof the president, by proclamation, shall forth with announce the fact, whereupon, said fundamental condition shall be held as a part of the organic law of the state, and thereupon, and without any further proceeding on the part of Congress, the admission of said state into the Union shall be considered as complete. Said State Legislature shall be convened by the Territorial Governor, within thirty days after the passage of this act, to act upon the conditions submitted herein. SCHUYLER COLFAX, Speaker of the House of Representatives. In the senate of the United States, February 8, 1867. The President of the United States having returned to the Senate, in which it originated, the bill entitled "An act for the admission of the State of Nebraska into the Union," with his objections thereto, the Senate proceeded in pursuance of the constitution to reconsider the same; and Resolved, That the said bill do pass, two-thirds of the Senate agreeing to pass the same. Attest: J. W. FORNEY, Secretary of the Senate. By W. J. McDONALD, Chief Clerk. In the House of Representatives of the United States, February 9th, 1867. The House of Representatives having proceeded, in pursuance of the constitution, to reconsider the bill entitled "An act for the admission of the State of Nebraska into the Union," returned to the Senate by the President of the United States, with his objections, and sent by the Senate to the House of Representatives with the message of the President returning the bill: Resolved, That the bill do pass, two-thirds of the House of Representatives agreeing to pass the same. Attest: EDWD. MCPHERSON, Clerk. DEPARTMENT OF STATE, A true copy. R. S. CHEW, Chief Clerk. And Whereas, The Governor of the Territory of Nebraska, did on the 14th day of February, A. D. 1867, make and issue the following Proclamation, to-wit: Whereas, the Congress of the United States has passed an act admitting, conditionally, Nebraska into the Union, as one of the independent States of the same, and, whereas, said condition is in the words following: And be it further enacted, that this act shall take effect with the fundamental condition, that within said State of Nebraska, there shall be no abridgment or denial of the exercise of the elective franchise, or of any other right to any person by reason of race or color, excepting Indians not taxed; and upon the further fundamental condition that the Legislature of said State, by a solemn public act, shall declare the assent of said State to said fundamental condition, and shall transmit to the President of the United States an authentic copy of said act upon receipt whereof, the President, by proclamation, shall |