shall hold his office during the remainder of the term, and until his successor shall be appointed and qualified. No person, after being rejected by the senate, shall be again nominated for the same office at the same session, unless at request of the senate, or be appointed to the same office during the recess of the legislature. SEC. 12. [Removal of officers.]-The governor shall have power to remove any officer whom he may appoint, in case of incompetency, neglect of duty, or malfeasance in office; and he may declare his office vacant, and fill the same as herein provided in other cases of vacancy.

SEC. 13. [Pardoning power.]-The governor shall have the power to grant reprieves, commutations. and pardons after conviction, for all offenses, except treason and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law relative to the manner of applying for pardons. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case shall be reported to the legislature at its next session, when the legislature shall either pardon or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall communicate to the legislature, at every regular session, each case of reprieve, commutation, or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the reprieve, commutation, or pardon.

SEC. 14. [Militia.]—The governor shall be commander-in-chief of the military and naval forces of the state (except when they shall be called into the service of the United States), and may call out the same to execute the laws, suppress insurrection, and repel invasion.

SEC. 15. [Veto.]-Every bill passed by the legislature, before it becomes a law, and every order, resolution, or vote to which the concurrence of both houses may be necessary, (except on questions of adjournment,) shall be presented to the governor. If he approve, he shall sign it, and thereupon it shall become a law; but if he do not approve, he shall return it, with his objections, to the house in which it shall have originated, which house shall enter the objections at large upon its journal, and proceed to reconsider the bill. If then three-fifths of the members elected, agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by three-fifths of the members elected to that house, it shall become a law, notwithstanding the objections of the governor. In all such cases, the vote of each house shall be determined by yeas and nays, to be entered upon the journal. Any bill which shall not be returned by the governor within five days (Sundays excepted), after it shall have been presented to him, shall become a law, in like manner as if he had signed it, unless the legislature, by their adjournment, prevent its return; in which case it shall be filed, with his objections, in the office of the secretary of state within five days after such adjournment, or become a law. The governor may disapprove any item or items of appropriation contained in bills passed by the legislature, and the item or items so disapproved shall be stricken therefrom, unless re-passed in the manner herein prescribed in cases of disapproval of bills.

SEC. 16. Vacancy in office of governor.]-In case of the death, impeachment and notice thereof to the accused, failure to qualify, resignation, absence from the state, or other disability of the governor, the powers, duties, and emoluments of the office for the residue of the term, or until the disability shall be removed, shall devolve upon the lieutenant-governor.

SEC. 17. [President of senate.]-The lieutenant-governor shall be president of the senate, and shall vote only when the senate is equally divided.

SEC. 18. Office of governor, how filled.]—If there be no lieutenant-governor, or if the lieutenant-governor, for any of the causes specified in section sixteen of this article, become incapable of performing the duties of the office, the

SEC. 16. 3 Neb. 463.

president of the senate shall act as governor until the vacancy is filled, or the disability removed; and if the president of the senate for any of the above named causes, shall become incapable of performing the duties of governor, the same shall devolve upon the speaker of the house of representatives.

SEC. 19. [Board of public lands and buildings.-The commissioner of public lands and buildings, the secretary of state, treasurer and attorney-general, shall form a board, which shall have general supervision and control of all the buildings, grounds and lands of the state, the state prison, asylums and all other institutions thereof, except those for educational purposes; and shall perform such duties, and be subject to such rules and regulations, as may be prescribed by law.

SEC. 20. [Vacancies in office.]-If the office of auditor of public accounts, treasurer, secretary of state, attorney-general, commissioner of public lands and buildings, or superintendent of public instruction, shall be vacated by death, resig nation, or otherwise, it shall be the duty of the governor to fill the same by appointment; and the appointee shall hold his office until his successor shall be elected and qualified in such manner as may be provided by law.

SEC. 21. [Accounts of public officers.]-An account shall be kept by the officers of the executive department, and of all the public institutions of the state, of all moneys received or disbursed by them severally from all sources, and for every service performed, and a semi-annual report thereof be made to the gov ernor, under oath, and any officer who makes a false report shall be guilty of perjury, and punished accordingly.

SEC. 22. [Reports to governor.]-The officers of the executive department and of all the public institutions of the state, shall, at least ten days preceding each regular session of the legislature, severally report to the governor, who shall transmit such reports to the legislature, together with the reports of the judges of the supreme court, of defects in the constitution and laws, and the governor, or either house of the legislature, may, at any time, require information in writing, under oath from the officers of the executive department, and all officers and managers of state institutions, upon any subject relating to the condition, management and expenses of their respective offices.

SEC. 23. [Seal of state.-There shall be a seal of the state, which shall be called the "Great seal of the State of Nebraska," which shall be kept by the secretary of state, and used by him officially, as directed by law.

SEC. 24. [Salaries.-The salaries of the governor, auditor of public accounts, and treasurer, shall be two thousand five hundred dollars each per annum, and of the secretary of state, attorney-general, superintendent of public instruction and commissioner of public lands and buildings, shall be two thousand dollars each per annum. The lieutenant-governor shall receive twice the compensation of a senator, and after the adoption of this constitution they shall not receive to their own use any fees, costs, interest upon public moneys in their hands or under their control, perquisites of office or other compensation, and all fees that may hereafter be payable by law for services performed by an officer, provided for in this article of the constitution, shall be paid in advance into the state treasury. There shall be no allowance for clerk hire in the offices of the superintendent of public instruction and attorney general.

SEC. 25. [Bonds.-The officers mentioned in this article shall give bonds in not less than double the amount of money that may come into their hands, and in no case in less than the sum of fifty thousand dollars, with such provisions as to sureties and the approval thereof, and for the increase of the penalty of such bonds as may be prescribed by law.

SEC. 25. No other executive state office shall be continued or created, and the duties now devolving upon officers not provided for by this constitution shall be performed by the officers herein created.

ARTICLE [VI.—THE JUDICIAL DEPARTMENT.

SECTION 1. The judicial power of this state shall be vested in a supreme court, district courts, county courts, justices of the peace, police magistrates, and in such other courts inferior to the district courts as may be created by law for cities and incorporated towns.

SEC. 2. The supreme court shall consist of three judges, a majority of whom shall be necessary to form a quorum, or to pronounce a decision. It shall have original jurisdiction in cases relating to the revenue, civil cases in which the state shall be a party, mandamus, quo warranto, habeas corpus, and such appelate jurisdiction as may be provided by law.

SEC. 3. [Terms.]-At least two terms of the supreme court shall be held each year at the seat of government.

SEC. 4. [Election of judges.]-The judges of the supreme court shall be elected by the electors of the state at large, and their terms of office, except of those chosen at the first election, as hereinafter provided, shall be six years.

SEC. 5. [How classified.]-The judges of the supreme court shall, immediately after the first election under this constitution, be classified by lot, so that one shall hold his office for the term of two years, one for the term of four years, and one for the term of six years.

SEC. 6. [Chief justice.]-The judge of the supreme court having the shortest term to serve, not holding his office by appointment or election to fill a vacancy, shall be the chief justice, and as such shall preside at all terms of the supreme court; and in case of his absence, the judge having in like manner the next shortest term to serve shall preside in his stead.

SEC. 7. [Who not eligible.]-No person shall be eligible to the office of judge of the supreme court unless he shall be at least thirty years of age, and a citizen of the United States; nor unless he shall have resided in this state at least three years next preceding his election.

SEC. 8. [Reporter.]-There shall be appointed by the supreme court a reporter, who shall also act as clerk of the supreme court, and librarian of the law and miscellaneous library of the state, whose term of office shall be four years, unless sooner removed by the court, whose salary shall be fixed by law, not to exceed fifteen hundred dollars per annum. The copyright of the state reports shall forever belong to the state.

SEC. 9. Jurisdiction of district courts.]-The district courts shall 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.

SEC. 10. [Judicial districts.]-The state shall be divided into six judicial districts, in each of which shall be elected by the electors thereof, one judge, who shall be judge of the district court therein, and whose term of office shall be four years. Until otherwise provided by law, said districts shall be as follows: First District. The counties of Richardson, Johnson, Pawnee, Gage, Jefferson, Saline, Thayer, Clay, Nuckolls and Fillmore.

Second District. The counties of Nemaha, Otoe, Cass and Lancaster. Third District. The counties of Douglas, Sarpy, Washington and Burt. Fourth District. The counties of Saunders, Dodge, Butler, Colfax, Platte, Polk, Merrick, Hamilton, York, Seward, Hall and Howard.

Fifth District. The counties of Buffalo, Adams, Webster, Franklin, Harlan, Kearney, Phelps, Gosper, Furnas, Hitchcock, Dundy, Chase, Cheyenne, Keith, Lincoln, Dawson, Sherman, Red Willow, Frontier, and the unorganized territory west of said district.

Sixth District. The counties of Cuming, Dakota, Dixon, Cedar, Wayne,

SEC. 2. 4 Neb. 514. 6 Neb. 252.

SEC. 9. 4 Neb. 576, 586. 6 Id. 85.

SEC. 10. Nance county added to sixth district. See sec. 49, chapter 17, post.

Stanton, Madison, Boone, Pierce, Knox, Antelope, Holt, Greeley, Valley, and the unorganized territory west of said district.

SEC. 11. [Increase of districts.]-The legislature, whenever two-thirds of the members elected to each house shall concur therein, may, in or after the year one thousand eight hundred and eighty, and not oftener than once in every four years, increase the number of judges of the district courts, and the judicial districts of the state. Such districts shall be formed of compact territory, and bounded by county lines; and such increase, or any change in the boundaries of a district, shall not vacate the office of any judge.

SEC. 12. The judges of the district courts may hold courts for each other, and shall do so when required by law.

SEC. 13. [Salary.]-The judges of the supreme and district courts shall each receive a salary of twenty-five hundred dollars per annum, payable quarterly.

SEC. 14. [No other compensation.]-No judge of the supreme or district courts shall receive any other compensation, perquisite or benefit for or on account of his office in any form whatsoever, nor act as attorney or counselorat-law, in any manner whatever; nor shall any salary be paid to any county judge.

SEC. 15. [County judge.]-There shall be elected in and for each organized county, one judge, who shall be judge of the county court of such county, and whose term of office shall be two years.

SEC. 16. County courts shall be courts of record, and shall have original jurisdiction in all matters of probate, settlements of estates of deceased persons, appointment of guardians and settlement of their accounts, in all matters relating to apprentices, and such other jurisdiction as may be given by general law. But they shall not have jurisdiction in criminal cases in which the punishment may exceed six months imprisonment, or a fine of over five hundred dollars; nor in actions in which title to real estate is sought to be recovered, or may be drawn in question; nor in actions on mortgages or contracts for the conveyance of real estate; nor in civil actions where the debt or sum claimed shall exceed one thousand dollars.

SEC. 17. Appeals to the district courts from the judgments of county courts shall be allowed in all criminal cases, on application of the defendant; and in all civil cases, on application of either party, and in such other cases as may be provided by law.

SEC. 18. Justices of the peace and police magistrates shall be elected in and for such districts, and have and exercise such jurisdiction as may be provided by law; Provided, That no justice of the peace shall have jurisdiction of any civil case where the amount in controversy shall exceed two hundred dollars; nor in a criminal case where the punishment may exceed three months imprisonment, or a fine of over one hundred dollars; nor in any matter wherein the title or boundaries of land may be in dispute.

SEC. 19. [Laws to be uniform.]-All laws relating to courts shall be general and of uniform operation, and the organization, jurisdiction, powers, proceedings and practice of all courts of the same class or grade, so far as regulated by law and the force and effect of the proceedings, judgments and decrees of such courts severally shall be uniform.

SEC. 20. [Terms of office.]-All officers provided for in this article shall hold their offices until their successors shall be qualified, and they shall respectively reside in the district, county or precinct for which they shall be elected or appointed. The terms of office of all such officers, when not otherwise prescribed in this article, shall be two years. All officers, when not otherwise provided for in this article, shall perform such duties and receive such compensation as may be provided by law.

SEC. 21. [Vacancies.]--In case the office of any judge of the supreme court

SEC. 12. 8 Neb. 484.

SECS. 18, 19, 20. 4 Neb. 413.

I

or of any district court, shall become vacant before the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the governor, until a successor shall be elected and qualified, and such successor shall be elected for the unexpired term at the first general election that occurs more than thirty days after the vacancy shall have happened. Vacancies in all other elective offices provided for in this article, shall be filled by election, but when the unexpired term does not exceed one year the vacancy may be filled by appointment, in such manner as the legislature may provide.

SEC. 22. The state may sue and be sued, and the legislature shall provide by law, in what manner and in what courts suits shall be brought.

SEC. 23. (Jurisdiction at chambers.]-The several judges of the courts of record shall have such jurisdiction at chambers as may be provided by law. SEC. 24. All process shall run in the name of "The State of Nebraska," and all prosecutions shall be carried on in the name of "The State of Nebraska." ARTICLE [VII.--RIGHTS OF SUFFRAGE.

SECTION 1. Who are electors.]-Every male person of the age of twentyone years or upwards, belonging to either of the following classes, who shall have resided in the state six months, and in the county, precinct or ward, for the term provided by law, shall be an elector. First, Citizens of the United States. Second, Persons of foreign birth who shall have declared their intention to become citizens conformably to the laws of the United States, on the subject of naturalization, at least thirty days prior to an election.

SEC. 2. [Who not qualified.]-No person shall be qualified to vote who is non compos mentis, or who has been convicted of treason or felony under the law of the state, or of the United States, unless restored to civil rights.

SEC. 3. [Electors in military service.]-Every elector in the actual military service of the United States, or of this state, and not in the regular army, may exercise the right of suffrage at such place, and under such regulations as may be provided by law.

SEC. 4. No soldier, seaman, or marine in the army and navy of the United States, shall be deemed a resident of the state in consequence of being stationed therein.

SEC. 5. Privileged from arrest.]-Electors shall in all cases, except treason, felony, or breach of the peace, be privileged from arrest during their attendance at elections, and going to and returning from the same, and no elector shall be obliged to do military duty on the days of election, except in time of war and public danger.

SEC. 6. All votes shall be by ballot.

ARTICLE [VIII.]—EDUCATION.

SECTION 1. Board of education.]-The governor, secretary of state, treasurer, attorney-general, and commissioner of public lands and buildings shall, under the direction of the legislature, constitute a board of commissioners for the sale, leasing, and general management of all lands and funds set apart for educational purposes, and for the investment of school funds in such manner as may be prescribed by law.

SEC. 2. [Property, how used.] — All lands, money, or other property granted, or bequeathed, or in any manner conveyed to this state for educational purposes, shall be used and expended in accordance with the terms of such grant, bequest, or conveyance.

SEC. 3. Permanent school fund.]-The following are hereby declared

SEC. 23. 7 Neb. 386. 8 Id. 298, 485.

SEC. 24. 1 Neb. 393. 4 Neb. 106. 382.

SEC. 1. By joint resolution an amendment will be voted upon at election to be held Nov. 7, 1882, which strikes out the word "male" from this section. SEC. 2. 10 Neb. 247.