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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.
LAFAYETTE S. FOSTER,
President of the Senate, Pro Tempore.

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,
WASHINGTON, February 12, 1867.

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

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.
ALGERNON S. PADDOCK, Sec'y.

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 Territorial 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 ea.h 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 presideut 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 State Fair shall be held annually at or near the City of Lincoln, in Lancaster County, under the direction and supervision of the State Board of Agriculture, and the State Board of Public Lands and Buildings is hereby authorized, empowered and directed to select a site for the same within a radius of three miles of the present State Capitol building and to purchase a suitable tract of land for such a site, Provided, however that said Board of Public Lands and Buildings after selecting said site shall pay not to exceed the sum of one dollar for a clear and sufficient title therefor. [1879, § 1, 397. Amended 1883, chap. 1; 1899, chap. 1.]

331a SEC. la. [State fair site, location, purchase.] That for the pur pose of carrying out more definitely the provisions of said act above referred to, and making a permanent location of the State Fair, the Board of Public Lands and Buildings are hereby authorized and directed to purchase not to exceed one hundred sixty (160) acres of land, such land to be located at a distance of not to exceed three miles from the present State Capitol Building. [1901, chap. 1, § 1.]

331b SEC. 16. Immediately after the taking effect of this act, and purchase of the said land, the State Board of Agriculture shall cause to be prepared and presented to the said Board of Public Lands and Buildings, plans and specifications for buildings and improvements to be placed on said lands, all of which shall be of a permanent and substantial character, and to cost not more than the appropriation made by this act available therefor. [Id., § 2.]

331c SEC. le. If in the judgment of said Board of Public Lands and Buildings the said plans and specifications are suitable for the purpose intended, it shall advertise for bids for the construction thereof, in such manner and form as it may seem best, and let the contract for the construction thereof to the lowest responsible

*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 SECS. 1a-d. "An Act authorizing the purchase of land for state fair purposes an to appropriate the sum of thirty-five thousand ($35,000) dollars, or so much thereof as may be necessary for the purchase and improvement thereof, and to amend section 1. article 1, chapter 2, Compiled Statutes of Nebraska for the year 1899, and to repeal said section as now existing." Laws, 1901, Chap. 1. Took effect June 28, 1:01. Preamble recites: "WHEREAS, by the provisions of an act entitled “An act to amend section One (1) of article One (1) of chapter Two (2) of the Compiled Statutes of 1897, and to permanently locate the State Fair at Lincoln, and authorizing and directing the State Board of Public Lands and Buildings, to purchase a site therefor, and to repeal the original sections amended" Approved March 30th, 1899, the legislature of the State of Nebraska located the state Fair at the City of Lincoln, Lancaster County; And whereas, by said act the Board of Public Lands and Buildings was thorized to purchase the necessary lands therefor: And whereas, no appropriation was made for the purchase of said land, nor for the erection of buildings thereon."

bidder; Provided no buildings or improvements shall be constructed or made, the contract price for which exceeds the appropriation available therefor under the provisions of this act. Whenever deemed necessary by said Board of Public Lands and Buildings, a superintendent of construction shall be appointed, and his compensation, together with all necessary expenses shall be paid out of the appropriation herein made. The buildings and improvements shall all be of such a character, and located on such part of the grounds, as the State Board of Agriculture may approve and direct. [Id., § 3.]

331d SEC. 1d. For the purpose of carrying into effect the provisions of this act there is hereby appropriated out of any money in the State Treasury, not otherwise appropriated, the sum of thirty five thousand ($35,000.00) dollars, or so much thereof as may be necessary. The said Board of Public Lands and Buildings shall approve all claims, and the Auditor is hereby directed to audit such claims and draw his warrant on the State Treasurer for the amounts thereof. [Id., § 4.]

332 SEC. 2. [Officers.] The officers of the board shall consist of a presi-dent, 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 saic board in the various branches of agriculture; and the state auditor is hereby author ized 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 legislature 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, condi

tions, and prospects of the horticultural interests of the state. chap. 1.]

[Amended 1887,

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 two thousand five hundred dollars shall be paid out of the state treasury aunually 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, one thousand dollars of said amount to be used in the payment of premiums awarded by such board in the various branches of horticulture and the remaining fifteen hundred dollars to be used in the aid and support of such horticultural society in such manner and for such purposes as the society may direct. Said amount is hereby appropriated out of any money in the general fund of the state not otherwise appropriated. [Amended 1899, chap. 2.]

341 SEC. 11. [Obsolete.]

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 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 said society shall certify to the county clerk the amount thus paid the county board may when they deeni it for the best interests of said county, order a warrant to be drawn on the general fund of said county in favor of the president of said society for a sum not to exceed three cents on each inhabitant of said county upon a basis of the last vote for member of congress in said county, allowing five inhabitants for each vote, and said county

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. Title to amendatory act of 1901. "An Act to Amend Sections 12 and 18 of Article 1, Chapter 2 of the Compiled Statutes of Nebraska for the year 1899, Relating to "Agriculture" and to repeal the Section so Amended, and Declaring an Emergency. And to provide penalties for a violation of this act." Laws, 1901, chap 2, Took effect Meh. 26, 1901. See note at beginning of article. 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 sees. 11 or 15, art. 3, const. State v. Robinson, 35 Id., 402.

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