forthwith announce the fact, whereupon said fundamental condition shall be held as a part of the Organic law of said 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. Now, therefore, I, Alvin Saunders, Governor of the Territory of Nebraska, do call upon the members of the State legislature of Nebraska, to meet at the capitol, in the City of Omaha, on Wednesday, the twentieth day of February, instant, at the hour of 2 o'clock P. M., for the purpose of taking action upon the conditions as proposed by Congress. In testimony whereof, I have hereunto set my hand and have caused to be affixed the Great Seal of the Territory of Nebraska. Done at Omaha, this 14th day of February, A. D. 1867. By the Governor: ALVIN SAUNDERS. And whereas, the Legislature of the State of Nebraska, in accordance with the above recited Proclamation, has convened for the purpose of considering the conditions as set forth in the said act of congress, and in the proclamation of the Governor as aforesaid: And whereas, After due deliberation, the Legislature of the State of Nebraska do not regard the above recited act of the Congress of the United States, or the conditions therein contained, to be a violation of any right of the State of Nebraska, or of the people thereof, or as abridging, or in any manner infringing any of the privileges enjoyed by the citizens of Nebraska while in a Titorial condition; Therefore 330 SEC. 1. Be it further enacted by the Legislature of the State of Nebraska, That the act of the Congress of the United States, entitled "An act for the admission of the State of Nebraska into the Union," passed February 9, 1867, be, and the same is hereby ratified, adopted, and accepted; and it is hereby declared That the provisions of the third Section of the said act of Congress shall be a part of the Organic Law of the State of Nebraska. Approved February 21, A. D. 1867. W. F. CHAPIN, Speaker of the House. E. H. ROGERS, President of the Senate DAVID BUTLER, Govenor of Nebraska. CHAPTER 2.-AGRICULTURE. ARTICLE I.*-AGRICULTURAL AND HORTICULTURAL SOCIETIES. 331 SECTION 1. [Annual meeting of state board.] There shall be held at the capital of the state, on the third Tuesday in January of each year, a meeting of the state board of agriculture, together with the president of each county society, or delegate therefrom duly authorized, who shall for the time being be ex-officio members of the state board of agriculture, for the purpose of deliberating and consulting as to the wants, prospects, and condition of the agricultural interests throughout the state. And at such annual meeting the several reports from the subordinate societies shall be delivered to the president of the state board; and the said president and delegates shall at this meeting elect suitable persons to fill all vacancies in the state board. The said president shall also have power to call meetings of the board whenever he may deem it expedient. The said board shall also have power at the annual meeting to locate the state fair for a period not exceeding five years at any one time or at any one place. [1879, § 1, 397. Amendel 1883, § 1, chap. 1.] 332 SEC. 2. [Officers.] The officers of the board shall consist of a president, vice-president, secretary, and treasurer, and such others as the board may deem necessary. They shall be elected at the annual meeting of the board, and shall hold their offices for the period of one year, and until their successors are elected and qualified. The board shall determine by lot the time that each member shall serve, so that the term of service of one-half of the members shall expire annually on the day of the annual meeting. [1879, § 2, 397.] 333 SEC. 3. [Annual report-Appropriation.] It shall be the duty of the said board to make an annual report to the governor, embracing the proceedings of the society, with a bill of items showing what moneys have been received and paid out for the past year, giving a general view of the condition of agriculture throughout the state, and such other recommendations as they may deem important and useful. The sum of two thousand (2,000) dollars shall be paid annually out of the state treasury which shall be used in the payment of premiums awarded by said board in the various branches of agriculture; and the state auditor is hereby authorized to draw his warrant for said amount upon the receipt of the proper vouchers therefor, certified to by the president and secretary of said board: Provided, That should the board fail in any year to offer and award premiums as aforesaid, then the benefit of this section shall not be available that year. 334 SEC. 4. [Reports.] The report of the board or so much thereof as will not exceed four hundred pages of printed matter to be designated by the president and secretary shall be printed annually by the state printer and 5,000 copies thereof bound in cloth covers and delivered to the secretary of state, the accounts thereof to be audited as other accounts for state printing are audited, and paid out of any money appropriated for legislative printing. [Amended 1887, chap. 1.] 335 SEC. 5. [Distribution of reports.] The secretary of state shall distribute said reports as follows: Five copies thereof to each member of the legisla *NOTE. This article embraces: 1. "An act for the government, support, and maintenance of the state board of agriculture and state horticultural society." Laws, 1879, 396. This act repeals sections 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11, chap. 1, R. S., 1866, and all acts supplemental to and amendatory of said sections (G. S., 76-78. 1869, 65. 1875, 65). 2. Sec. 5 of "An act to encourage, develop, and promulgate the agricultural and horticultural resources of the state." Laws, 1873, 11. G. S., 78, 79. See note to sec. 11, this article. 3. Section 1, chap. 1, R. S., 1866, as amended 1881. See note to sec. 12, this article. 4. "An act to establish experimental stations at Culbertson and Ogalalla, Nebraska, and fixing the control and management of the same." Laws, 1891, chap. 4. ture and to each state officer; one copy by mail to each county clerk, to be by them preserved as one of the public records of the county, one copy by mail to each state and territorial library, the library of congress, the senate library, the library of the house of representatives, and the library of the agricultural department of the United States; one copy to each public library in the state; one hundred copies to the state library; and the balance to the secretary of the state board of agriculture, to be by him distributed as the board may direct. 336 SEC. 6. [Annual meeting.] The state horticultural society shall meet at the capital of the state on the first Tuesday after the second Monday in January of each year for the purpose of deliberating and consulting as to the wants, conditions, and prospects of the horticultural interests of the state. [Amended 1887, chap. 1.1 337 SEC. 7. [Officers.] The officers of the state horticultural society shall correspond in numbers and titles to those of the state board of agriculture, and shall be elected at said annual meeting for like periods of time. 338 SEC. 8. [Object.] Such society shall encourage the organization of district and county societies and give them representation therein, and in every proper way further the fruit and tree growing interests of the state. 339 SEC. 9. [Annual report.] The secretary of said horticultural society shall make an annual report to the governor, embracing the proceedings of the society, with a bill of items showing for what purpose any money appropriated was paid out for the past year, the general condition of horticultural interests throughout the state, together with the essays, statements of facts, and recommendations as he may deem useful, which report, not exceeding three hundred pages of printed matter, shall be printed annually by the state printer and not to exceed 5,000 copies thereof be bound in cloth covers and delivered to the secretary of the state, the accounts thereof to be audited as other accounts for state printing are audited and paid out of any money appropriated for legislative printing. [Amended 1887, chap. 1.] 340 SEC. 10. [Appropriation.] The sum of one thousand dollars shall be paid out of the state treasury annually for the use and benefit of said society, and the state auditor is hereby authorized to draw his warrant for the same upon vouchers therefor, certified to by the president and secretary of said society, said amount to be used in the payment of premiums awarded by such board in the various branches of horticulture. 341 SEC. 11. [Penalty.] If any of the officers named and designated as the custodian of the appropriation hereby made, shall convert the same to his own use, or suffer the same to be lost or expended in any other way or manner than that designated by law, such officers or persons shall be deemed quilty of embezzlement, and after conviction thereof, shall be punished by imprisonment in the penitentiary not less than one year. [1872, § 5, 12. G. S., § 16, 79.] COUNTY AGRICULTURAL SOCIETIES. 342 SEC. 12. [County aid.] Whenever twenty or more persons residents of any county in this state shall organize themselves into a society for the improvement of agriculture within said county, and shall have adopted a constitution and SEC. 11. This section, constituting the last of an act passed Jan. 13, 1872, and incorporated in Gen. Stat., 79, has never been repealed. The first four sections of the act being sections 12, 13, 14, and 15, G. S., chap. 2, were repealed 1875, p. 65. These sections provided for an appropriation of $3,000 annually to the state board of agriculture, and $2,000 to the state horticultural society, required an itemized statement of expenses to be made and published and reported to the legislature, and bonds to be given by the officers of each society, followed by the fifth section as above stated. SEC. 12 See note at beginning of articlé. Upon an application for a mandamus to compel payment by the County under this section it should appear that there are funds in the treasury from which payment can be made. State v. Otoe County, 10 Neb., 19. Not in conflict with secs. 11 or 15, art. 3, const. 35 Id., 402. by-laws agreeable to the rules and regulations furnished by the state board of agriculture, and shall have appointed the usual and proper officers, and when the said society shall have raised and paid into the treasury, by voluntary subscription or by fees imposed upon its members, any sum of money, in each year not less than fifty ($50) dollars and whenever the president of such society shall certify to the county clerk the amount thus paid it shall be the duty of the county board of said county to order a warrant drawn on the general fund of said county in favor of the president of said society for a sum equal to three cents on each inhabitant of said county upon a basis of the last vote for member of congress, allowing five inhabitants for each vote thus cast, and it shall be the duty of the county board of said county to include this three (3) cents per capita in their annual estimate, and it shall be the duty of the treasurer of the county to pay the same out of the general fund; Provided, That if any existing county agricultural society fails or has failed for two years or more to hold an annual fair of at least three days duration, then any agricultural society in the county formed for a similar purpose, and governed by the rules of this chapter and who shall hold an annual fair of at least three days duration, may apply for and shall receive from the county treasurer the amount above provided to be paid, to which amount they shall be entitled for so long a period as they may comply with the conditions of this act. [R. S., 3. 1869, 217. G. S., 65. Laws, 1881, chap. 1. Amended and took effect Mar. 26, 1889. Laws, 1889, chap. 74.] 343 SEC. 13. [Premiums awarded.] All county agricultural societies organized pursuant to law, shall annually offer and award premiums for the improvement of soil, crops, tillage, manures, implements, stock, articles of domestic industry, and such other articles, productions, and improvements as they may deem proper, and perform all such acts as they may deem best calculated to promote the agricultural and manufacturing interests of the county and state. And it shall also be their duty so to regulate the amount of premiums and the different grades of the same, as to enable farmers of small as well as large means to compete therefor; and in making the awards special reference shall be had to the profits which may accrue or be likely to accrue from improved methods of raising crops, or of the fabrication of the articles thus offered, with the intention that the premiums shall be given for the most economical mode of improvement. All persons offering to compete for premiums on improved mode of tillage, or the production of any crops or other articles, shall be required, before such premiums are adjudged, to deliver to the awarding committee a full and correct statement of the process of such mode of tillage or production, and the expense and value of the same, with a view of showing accurately the profits derived or expected to be derived therefrom. [1879, § 11, 399.] 344 SEC. 14. [List of awards-Report to state board.] It shall be the duty of each county society to publish annually a list of the awards, and an abstract of the treasurer's account, in such manner as the society may direct, and to make a report of their proceedings during the year, and a synopsis of the awards for the improvements in agriculture and manufactures, together with an abstract of the several descriptions of these improvements; and also to make a report of the condition of agriculture in that county; which report shall be made out in accordance with the rules and regulations of the state board of agriculture, and shall be forwarded to the state board at their annual meeting. [Id., § 12.] 345 SEC. 15. [Fair grounds.] Each county society may purchase and hold in fee simple such real estate as they may deem necessary, not exceeding 160 acres of land, for the purpose of holding county fairs. [Id., § 13.] SEC 13. Money appropriated for a public purpose. 35 Neb., 402. 346 SEC. 16. [County aid.] Whenever any county agricultural society, organized by law, shall have procured in fee simple, free from incumbrance, land for fair grounds not less than ten acres in extent, the county board of said county may, in their discretion, if the finances of the county will admit, appropriate and pay to such society a sum not exceeding one hundred dollars for every thousand inhabitants in said county, to be expended by such society in fitting up such fair grounds, but for no other purpose; but not more than one thousand dollars shall in the aggregate be appropriated in any one county. [Id., § 14.] 347 SEC. 17. [Report to county board-Dissolution of the society.] Each society receiving such appropriation shall, through its secretary, make to the county board a detailed statement, with vouchers showing the legal disbursement of all the moneys received. And in all cases, when such county agricultural societies shall be dissolved, or neglect, for the space of two years, to discharge the duties devolving upon them by law, or cease to exist, in any county where payments have been made for real estate, or improvements upon such real estate for the use of any agricultural society, then all such real estate and improvements shall vest in fee simple in the county making such payment, and the district court of said county, upon proof thereof, shall, upon petition of said county board, make a proper decree vesting the title to such property in said county. [Id., § 15.] FAIRS. 348 SEC. 18. [No liquor selling, games of chance, or horse-racing.] No person shall be permitted to sell intoxicating liquors, wine, or beer, of any kind or be engaged in any gambling, or other game of chance or horse-racing, either inside the enclosure where any state, district, or county agricultural society fair is being held, or within forty rods thereof, during the time of holding such fair; and any person found guilty of any of the offenses herein enumerated, shall be fined in a sum not less than five nor more than fifty dollars for every such offense; Provided, That trials of speed of horses under direction of the society shall not be included in the term horse-racing; Provided, also, That upon filing proof with the state treasurer of a violation of this section inside the enclosure of any such fair, the amount of money appropriated shall be withheld for the current year, except, if paid, then it shall be withheld from any money appropriated for the ensuing year. [Id., § 16.] 349 SEC. 19. [Selling fruit and provisions.] The president of any state or county agricultural society may grant a written permit to such persons as he may deem necessary to sell fruit, provisions, and other necessaries to such persons as may be in attendance at any such fair, under such regulations and restrictions as the board of directors may prescribe. [Id., § 17.] 350 SEC. 20. [Arrest of offenders.] The president of any such society, marshal, or any police officer appointed by the board, shall be empowered to arrest, or cause to be arrested, any person or persons engaged in violating any of the provisions contained in section 16* of this chapter, and cause them forthwith to be taken before some justice of the peace, there to be dealt with as provided for in said section; and they may seize, or cause to be seized, all intoxicating liquors, wine, or beer, of any kind, with the vessels containing the same, and all tools or other implements used in any gambling, or other game of chance, and may remove, or cause to be removed, all shows, swings, booths, tents, carriages, wagons, vessels, boats, or any other nuisance that may obstruct, or cause to be obstructed, by collecting persons around or otherwise, any thoroughfare leading to the enclosure in which such agricultural fair is being held; and any person owning or occupying any of the Section 16 of the original act, sec. 18 this chapter. |