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JUDICIARY.

SECTION 1. The Judicial power of the State shall be vested in a Supreme Court, District Courts, Probate Courts, Justices of the Peace, and such inferior courts as the Legislature may from time to time establish.

The Supreme Court shall consist of a Chief Justice and two Associate Justices, any two of whom shall constitute a quorum, and shall hold a term of the Supreme Court at the seat of government of the State, annually. Said Supreme Judges shall be elected by the qualified electors of the State, at such time and in such manner as may be provided by law. Said Justices of the Supreme Court shall hold their office for the term of six years from the time of their election, and until their successors shall have been elected and qualified.

§ 2. The State shall be divided into three judicial districts, and the District Courts shall be held at such times and places as may be provided by law, and the Legislature shall by law assign the Justices to hold District Courts in the several districts; Provided, That until the Legislature shall have provided by law, the Governor shall have authority to make such assignment.

§ 3. The Supreme Court shall have appellate jurisdiction only except in cases relating to revenue, mandamus, quo warranto, habeas corpus, and such cases of impeachment as may be required to be tried before it; and both the Supreme and District Courts shall have both chancery and common law jurisdiction.

§ 4. The jurisdiction of the several courts herein provided for, both appellate and original shall be as fixed by law; Provided, That Probate Courts, Justices of the Peace or any inferior court that may be established by the Legislature shall not have jurisdiction in any matter wherein the title or boundaries of land may be in dispute. Nor shall either of the courts mentioned in this proviso have power to order or decree the sale or partition of real estate; And Provided, further, That Justices of the Peace, and such inferior courts as may be established by the Legislature, shall not have jurisdiction when the debt or sum claimed shall exceed one hundred dollars, and the jurisdiction of the District and Probate Courts, and Justices of the Peace shall be uniform throughout the State.

§ 5. Probate Judges, Justices of the Peace, and persons holding inferior courts, herein authorized to be established by the Legislature, shall be elected by the electors of the several districts for which they may be elected in the manner and time fixed by law.

§ 6. The salary of the Justices of the Supreme Court shall be two thousand dollars each per annum and no more; and all other judicial officers shall be paid for their services in fees to be prescribed by law.

§ 7. The Legislature shall by law provide that on the entry or commencement of any suit in the District Court, the party so commencing or entering such suit, shall, before the same is so commenced or entered, pay to the Clerk of said District Court the sum of five dollars; and in like manner on the entry or commencement of any suit in the Supreme Court, shall pay the sum of ten dollars to the clerk thereof, which money so paid, shall be for the use of the State, and shall be paid by said clerks to the proper offices designated by law, as by law may be required; which money so received shall be held and esteemed as a judiciary fund, and to be applied in payment of the salaries of the Justices of the Supreme Court. Which amounts so paid shall be taxed as costs against the unsuccessful party, and collected as other costs; Provided, The Legislature may provide, by law for dispensing with the payment of said sums of money in cases where the party so commencing or entering suit shall be really unable to pay the same, and the amount shall in all cases be taxed and collected as other costs; Provided, also, That the Legislature shall have power whenever the amount so received shall exceed the salaries of the Judges of the Supreme Court, to reduce the amount to be paid so that the gross amount will not exceed such salaries.

8. The Legislature may, after the year one thousand eight hundred and seventyfive, increase the number of Justices of the Supreme Court, and the judicial districts of the State.

§ 9. In all cases heard before the Supreme Court, as an appellate court, the justice who may have tried such cause in the court below shall not participate in the decision thereof until the other two justices, if present, shall have failed to agree in the decision of such cause.

§ 10. All process, writs, and other proceedings shall run in the name of "The People of the State of Nebraska.”

FINANCE.

SECTION 1. No money shall be paid out of the treasury, except in pursuance of an appropriation by law.

§ 2. The credit of the State shall never be given or bound in aid of any individual, association or corporation.

§ 3. The Legislature shall provide for an annual tax sufficient to defray the estimated expenses of the State for each year, and whenever the expenses of any year shall exceed the income, the Legislature shall provide for levying a tax for the ensuing year, sufficient, with other sources of income, to pay the deficiency, as well as the expenses of such ensuing year.

4. For the purpose of defraying extraordinay expenditures, the State may contract public debts; but such debts shall never in the aggregate exceed fifty thousand dollars. Every such debt shall be authorized by law, for some purpose or purposes to be distinctly specified therein; and the vote of a majority of all the members elected to each House, to be taken by yeas and nays, shall be necessary to the passage of such laws; and every such law shall provide for levying an annual tax sufficient to pay the annual interest of such debt, and the principal within ten years from the passage of such law; and shall specially appropriate the proceeds of such taxes to the payment of such principal and interest; and such appropriation shall not be repealed, nor the taxes be postponed or diminished until the principal and interest of such debt shall have been wholly paid.

§ 5. The Legislature may also borrow money to repel invasion, suppress insurrection, or defend the State in time of war; but the money thus raised shall be applied exclusively to the object for which the loan was authorized, or to the repayment of the debt thereby created.

§ 6. The State shall never contract any debt for works of internal improvement, or be a party in carrying on such works; but whenever grants of lands or other property shall have been made to the State, especially dedicated by the grant to particular works of internal improvement, the State may carry on such particular works, and shall devote thereto the avails of such grants, and may pledge or appropriate the revenues derived from such works in aid of their completion

EMINENT DOMAIN.

SECTION 1. The State shall have concurrent jurisdiction on all rivers bordering on this State, so far as such river shall form a commom boundary to the State, and any other State or Territory now or hereafter to be formed and bounded by the same. And the river Missouri, and the navigable waters leading into the Missouri, and the carrying places between the same, shall be common highways, and forever free, as well to the inhabitants of the State as to the citizens of the United States, without any tax, impost, or duty therefor.

§ 2. The title to all lands and other property, which have accrued to the Territory of Nebraska, by grant, gift, purchase, forfeiture, escheat or otherwise, shall vest in the State of Nebraska.

§ 3. The people of the State, in their right of sovereignty, are declared to possess the ultimate property in and to all lands within the jurisdiction of the State; and all lands, the title to which shall fail from a defect of heirs, shall revert, or escheat to the people.

EDUCATION.

SECTION 1. The principal of all funds arising from the sale, or other disposition of lands or other property granted or intrusted to this State, for educational and religious purposes, shall forever be preserved inviolate and undiminished; and the income arising therefrom shall be faithfully applied to the specific objects of the original grants or appropriations. The Legislature shall make such provisions by taxation or otherwise, as, with the income arising from the school trust fund, will secure a thorough and efficient system of common schools throughout the State; but no religious sect or sects shall ever have any exclusive right to, or control of any part of the school funds of this State.

§ 2. The university lands, school lands, and all other lands which have been acquired by the Territory of Nebraska, or which may hereafter be acquired by the State of Nebraska for educational or school purposes, shall not be aliened or sold for a less sum than five dollars per acre.

CORPORATIONS.

SECTION 1. The Legislature shall pass no special act conferring corporate powers. § 2. Corporations may be formed under general laws.

§ 3. The property of corporations, now existing or hereafter created, shall forever be subject to taxation, the same as the property of individuals.

§ 4. The Legislature shall provide for the organization of cities and incorporated villages by general laws; and restrict their power of taxation, assessment, borrowing money, contracting debts and loaning their credits, so as to prevent the abuse of such power.

AMENDMENTS.

SECTION 1. If at any time a majority of the Senate and House of Representatives shall deem it necessary to call a Convention to revise or change this Constitution, they shall recommend to the electors to vote for or against a Convention at the next election for members of the Legislature; and if it shall appear that a majority of the electors voting thereon have voted for a Convention, the Legislature shall at its next session provide for calling such Convention.

BOUNDARIES.

SECTION 1. The State of Nebraska shall consist of all the territory included within the following boundaries, to-wit: Commencing at a point formed by the intersection of the western boundary of the State of Missouri, with the fortieth degree of north latitude; extending thence due west along said fortieth degree of north latitude, to a point formed by its intersection with the twenty-fifth degree of longitude west from Washington; thence north along said twenty-fifth degree of longitude, to a point formed by its intersection with the forty-first degree of north latitude, thence west along said forty-first degree of north latitude to a point formed with its intersection with the twenty-seventh degree of longitude west from Washington; thence north along said twenty-seventh degree of west longitude, to a point formed by its intersection with the forty-third degree of north latitude; thence east along said forty-third degree of north latitude to the Reya Paha river; thence down the middle of the channel of said river, with its meanderings, to its junction with the Niobrara river; thence down, the middle of the channel of said Niobrara river; and following the meanderings thereof to its junction the Missouri river; thence down the middle of the channel of said Missouri river, and following the meanderings thereof to the place of beginning.

SCHEDULE.

SECTION 1. That no inconvenience may arise from the change of territorial government to a State government, it is declared that all rights, suits, actions, prosecutions, judgments, recognizances, claims and contracts, both as respects persons and bodies corporate, shall continue and be enforced as if no change had taken place, and all laws now in force shall remain in force until altered, amended, or appealed by the Legislature; Provided, Wherever the word Territory shall occur, it shall be construed to mean State, whenever it may be necessary, in order that such laws may conform to the State government.

§ 2. All debts, fines, penalties, recognizances, and forfeitures due and owing to the Territory of Nebraska, shall inure to the benefit of the State, and all obligations and bonds to the Territory of Nebraska or any office thereof, shall be esteemed and taken as due and owing to the State of Nebraska, and may be in such manner enforced.

§ 2. The Governor and all other officers of the Territorial government, shall continue to discharge and exercise the duties of their respective offices, until superseded by the provisions of this Constitution or the officers appointed or elected by authority of its provisions.

§ 4. The first election for Governor, Secretary of State, Auditor of State, one Representative to Congress, the Justices to the Supreme Court, the members of the Senate and House of Representatives, shall be held on the second day of June, one thousand eight hundred and sixty-six, at the places, and in the manner now prescribed by law for general elections. The members of the Senate shall be elected in and from the same districts that are now prescribed by law for councilmen districts. The members of the House of Representatives shall be elected in and from the same districts that are now prescribed by law, for members to the House of Representatives of the Territory of Nebraska, and all the officers mentioned, to wit: Senators and Representatives shall hold their offices until the first Monday in January, A. D. 1867: Governor, Secretary of State, State Auditor and Treasurer, until the second Monday in January, A. D. 1869, and until their successors are elected and qualified; the Supreme Judges until the first day of January, A. D. 1873.

§ 5. The first session of the Legislature shall be held at the capitol in the city of Omaha, commencing on the fourth day of July, A. D. 1866.

§ 6. This Constitution is formed, and the State of Nebraska asks to be admitted into the Union on an equal footing with the original States on the condition and faith of the

terms and propositions stated and specified in an act of Congress approved April nineteenth, 1864, authorizing the people of the Territory to form a Constitution and State government; the people of the State of Nebraska hereby accepting the conditions in said act specified.

§ 7. The foregoing Constitution shall be submitted to the electors of the Territory of Nebraska at an election to be held on the second day of June in the year one thousand eight hundred and sixty-six, in the several election districts of this Territory. The ballots at such elections shall be written or printed as follows:

Those in favor of the Constitution, "For the Constitution."

Those against the Constitution, "Against the Constitution."

The polls at said elections shall be opened at the hour of nine o'clock A. M., and closed at six o'clock P. M., and the returns of said elections shall be made to the acting Governor of the Territory, who, together with the United States District Attorney and Chief Justice of the Territory, or any two of them, shall canvass the same, and if a majority of the legal votes shall be cast for said Constitution, the same shall be the Constitution of Nebraska.

Said Governor shall certify the same to the President of the United States; Provided, That the said election shall be conducted and the returns made in the same manner and under the same regulations as are prescribed by law, in the case of the election of Territorial officers.

The election returns for the Governor, Secretary of State, Auditor, Treasurer and Supreme Judges, shall be made to the same offices and the canvass of such returns made in the same manner as is now prescribed by law for Delegate in Congress.

Resolved by the Council and House of Representatives of the Territory of Nebraska, That the foregoing Constitution be submitted to the qualified electors of the Territory, for their adoption or rejection, at an election, hereby authorized to be held at the time and in the manner specified in the seventh (7th) section of the schedule of said Constitution, and that the returns and canvass of the votes cast at said election be made as in said section prescribed.

JAMES G. MEGEATH,

Speaker of the House of Representatives. O. P. MASON,

President of the Council.

ALVIN SAUNDERS.

'Approved, February 9th, 1866.

APPENDIX.

The following sections of the Enabling Act passed by Congress, approved April 19th, 1864, and referred to in the foregoing schedule, contain the donations offered to the State of Nebraska:

SECTION 8. And be it further enacted, That provided the State of Nebraska shall be admitted into the Union in accordance with the foregoing provisions of this act, that twenty entire sections of the unappropriated public lands within said State be selected and located by direction of the Legislature thereof, on or before the first day of January, Anno Domini, eighteen hundred and sixty-eight, shall be and they are hereby granted, in legal subdivisions of not less than one hundred and sixty acres, to said State, for the purpose of erecting public buildings at the capital of said State for legislative and judicial purposes, in such manner as the Legislature shall prescribe.

$9. And be it further enacted, That fifty other entire sections of land, as aforesaid, to be selected and located as aforesaid, in legal subdivisions as aforesaid, shall be, and they are hereby, granted to said State for the purpose of erecting a suitable building for a penitentiary or State prison in the manner aforesaid.

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§ 10. And be it further enacted, That seventy-two other sections of land shall be set apart and reserved for the use and support of a State university, to be selected in manner as aforesaid, and to be appropriated and applied as the Legislature of said State may prescribe for the purpose named, and for no other purpose.

§ 11. And be it further enacted, That all salt springs within said State, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to said State for its use, the said land to be selected by the Governor thereof, within one year after the admission of the State, and when so selected to be used or disposed of on such terms, conditions, and regulations as the Legislature shall direct; Provided, That no salt spring or lands, the right whereof is now vested in any individual or individuals, or which hereafter shall be confirmed or adjudged to any individual or individuals, shall, by this act, be granted to said State.

§ 12. And be it further enacted, That five per centum of the proceeds of the sales of all public lands lying within said State, which have been or shall be sold by the United States prior or subsequent to the admission of said State into the Union after deducting all expenses incident to the same, shall be paid to the said State for the support of common schools.

CONSTITUTION OF NEVADA. 1864.*

PREAMBLE.

We, the people of the State of Nevada, grateful to Almighty God for our freedom, in order to secure its blessings, insure domestic tranquillity, and form a more perfect government, do establish this Constitution.

ARTICLE I.

DECLARATION OF RIGHTS.

SECTION 1. All men are by nature free and equal, and have certain inalienable rights, among. which are those of enjoying and defending life and liberty; acquiring, possessing and protecting property, and pursuing and obtaining safety and happiness.

§ 2. All political power is inherent in the people. Government is instituted for the protection, security and benefit of the people; and they have the right to alter or reform the same whenever the public good may require it. But the paramount allegiance of every citizen is due to the Federal government, in the exercise of all its Constitutional powers as the same have been or may be defined by the Superior Court of the United States; and no power exists in the people of this or any other State of the Federal Union to dissolve their connection therewith, or perform any act tending to impair, subvert or resist the supreme authority of the United States. The Constitution of the United States confers full powers on the Federal Government to maintain and perpetuate its existence, and whensoever any portion of the States, or the people thereof, attempt to secede from the Federal Union, or forcibly resist the execution of its laws, the Federal Government may by warrant of the Constitution, employ armed force in compelling obedience to its authority.

§ 3. The right of trial by jury shall be secured to all, and remain inviolate forever; but a jury trial may be waived by the parties in all civil cases, in the manner to be described by law; and in civil cases if three-fourths of the jury agree upon a verdict, it shall stand and have the same force and effect as a verdict by the whole jury; Provided, The Legislature, by a law passed by a two-thirds vote of all the members elected to each branch thereof, may require a unanimous verdict notwithstanding this provision.

§ 4. The free exercise and enjoyment of religious profession and worship, without discrimination or preference shall forever be allowed in this State; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace and safety of this State.

§ 5. The privilege of the writ of habeas corpus shall not be suspended, unless when, in case of rebellion or invasion, the public safety may require its suspension.

§ 6. Excessive bail shall not be required, nor excessive fines imposed, nor shall cruel or unusual punishment be inflicted, nor shall witnesses be unreasonably detained. § 7. All persons shall be bailable by sufficient sureties, unless for capital offenses, when the proof is evident or the presumption great.

* Nevada was organized as a Territory by act of Congress, March 2d, 1861. A Constitution was submitted to the people on the 19th of January, 1864, and rejected by a heavy majority. On the 21st of March, 1864, Congress passed an act authorizing the formation of a Constitution and State government for admission into the Federal Union, on an equal footing with the original States. The Convention chosen for this purpose, consisting of thirty-nine delegates, met at the city of Carson, on the 4th of July, 1864, and adjourned on the 27th of the same month. The Constitution which they prepared, was adopted by a vote of 10,375 for, to 1,284 against, and on the 31st of October, 1864 the State was declared admitted by a proclamation of the President.

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