SEC. 12. [Result of canvass.]-If it shall appear that a majority of the votes poiled are "for the new constitution," then so much of this new constitution as was not separately submitted to be voted on by articles shall be the supreme law of the state of Nebraska, on and after the first day of November, A.D. 1875. But if it shall appear that a majority of the votes polled were "against the new constitution," the whole thereof, including the articles separately submitted, shall be null and void. If the votes "for thenew constitution" shall adopt the same, and it shall appear that a majority of the votes polled are for the article relating to "the seat of government," said article shall be a part of the constitution of this state. If the votes "for the new constitution" shall adopt the same and it shall appear that a majority of the votes polled are for the article "allowing electors to express their preference for United States senator," said article shall be a part of the constitution of this state.

SEC. 13. [General election, when held.]-The general election of this state shall be held on the Tuesday succeeding the first Monday of November of each year, except the first general election, which shall be on the second Tuesday in October, 1875. All state. district, county, precinct, and township officers, by the constitution or laws made elective by the people, except school district officers, and municipal officers in cities, villages, and towns, shall be elected at a general election to be held as aforesaid. Judges of the supreme, district, and county courts, all elective county and precinct officers, and all other elective officers, the time for the election of whom is not herein otherwise provided for, and which are not included in the above exception, shall be elected at the first general election, and thereafter at the general election next preceding the time of the termination of their respective terms of office; Provided, That the office of no county commissioner shall be vacated hereby.

SEC. 14. The terms of office of all state and county officers, of judges of the supreme, district, and county courts, and regents of the university shall begin on the first Thursday after the first Tuesday in January next succeeding their election. The present state and county officers, members of the legislature, and regents of the university, shall continue in office until their successors shall be elected and qualified.

SEC. 15. The supreme, district, and county courts, established by this constitution shall be the successors respectively of the supreme court, the district courts, and the probate courts, having jurisdiction under the existing constitution.

SEC. 16. The supreme, district, and probate courts now in existence shall continue, and the judges thereof shall exercise the power and retain their present jurisdiction until the courts provided for by this constitution shall be organized.

SEC. 17. All cases, matters, and proceedings, pending undetermined in the several courts, and all records, judgments, orders, and decrees remaining therein, are hereby transferred to and shall be proceeded and enforced in and by the successorsthereof respectively.

SEC. 18. [Existing constitution.]-If this constitution be adopted, the existing constitution shall cease in all its provisions on the first day of November, A.D.

1875.

SEC. 19. The provisions of this constitution required to be executed prior to the adoption or rejection thereof, shall take effect and be in force immediately.

SEC. 20. The legislature shall pass all laws necessary to carry into effect the provisions of this constitution.

SEC. 21. [Officers to take oath.]-On the taking effect of this constitution, all state officers hereby continued in office shall, before proceeding in the further discharge of their duties, take an oath or affirmation to support this constitution.

SEC. 22. The regents of the university shall be elected at the first general election under this constitution, and be classified by lot so that two shall hold their SEC. 14. Not applicable to office of physician at penitentiary. State v. Board Public Lands and Buildings 7 Neb., 49. SEC. 15. Cited Martin v Grover. 9 Neb. 265. Schell v. Husentine, 15 Neb., 11.

SEC. 18. Old constitution ceased in all its provisions on adoption of new. Wheeler v. City of Plattsmouth, 7 Net.. 273.

offices for the term of two years, two for the term of four years, and two for the term of six years.

SEC. 23. The present executive state officers shall continue in office until the executive state officers provided for in the constitution shall be elected and qualified.

SEC. 24. The returns of the whole vote cast for the judges of the supreme and district courts, district attorneys, and regents of the university, under the first general election, shall be made by the several county clerks to the secretary of state within fourteen days after the election; and the returns of the said votes shall, within three days thereafter, be examined and canvassed by the governor, secretary of state, and the president of this convention, or any two of them, and certificates of the election shall forth with be issued by the secretary of state to the persons found to be elected.

SEC. 25. [Salaries to be paid.]—The auditor shall draw the warrants of the state quarterly for the payment of the salaries of all officers under this constitution, whose compensation is not otherwise provided for, which shall be paid out of any funds not otherwise appropriated.

SEC. 26. [Terms of court.]-Until otherwise provided by law, the judges of the district courts shall fix the time of holding courts in their respective districts.

SEC. 27. The members of the first legislature under this constitution shall be elected in the year 1876.

SEC. 28. [Enrollment of constitution.]—This constitution shall be enrolled and deposited in the office of the secretary of state, and printed copies thereof shall be prefixed to the books containing the laws of this state, and all future editions thereof.

PROPOSITIONS SEPARATELY SUBMITTED AND ADOPTED.

ALLOWING ELECTORS TO EXPRESS THEIR PREFERENCE FOR UNITED STATES SENATOR.

The legislature may provide that at the general election immediately preceding the expiration of the term of a United States senator from this state, the electors may, by ballot, express their preference for some person for the office of United States senator. The votes cast for such candidates shall be canvassed and returned in the same manner as for state officers.

SEAT OF GOVERNMENT.

The seat of government of the state shall not be removed or re-located without the assent of a majority of the electors of the state, voting thereupon at a general election or elections, under such rules and regulations as to the number of elections and manner of voting, and places to be voted for, as may be prescribed by law; Provided, The ques tion of removal may be submitted at such other general elections as may be provided by law.

Done in convention at the capitol, in the city of Lincoln, on the twelfth day of June, in the year of our Lord, one thousand eight hundred and seventy-five, and of the independence of the United States of America, the ninety-ninth.

SEC. 23. Cited State v. Weston. 4 Neb., 219. State v. Leidtke, 9 Neb., 467.

SEC. 25. No legislative appropriation necessary to pay salaries of officers fixed by constitution. State v. Weston. 4 Neb. 216. But rule applies only to officers mentioned in constitution. State v. Weston, 6 Neb., 16. Appropriation of $95,000 for payment of salaries of nineteen district judges is an appropriation in gross, to be ap -plied as far as necessary to the payment of salaries of all judges of said court. In re Groff, 21 Neb., 662.

SEC. 26. Power conferred by this section is a continuing power and not exhausted by user. Candy v. State,

9 Neb.. 483. But applicable only to regular terms of court. McElroy v. State, 9 Neb., 162.

In witness whereof we have hereunto subscribed our names.

JOHN LEE WEBSTER, PRESIDENT.

GUY A. BROWN, Secretary.

C. L. MATHER, Assistant Secretary.

PROPOSED AMENDMENTS TO THE CONSTITUTION.

[To be voted upon at general election, 1892.]

A RESOLUTION to amend section one (1) of article five (5) of the constitution of the state of Nebraska.

RESOLVED, That section one (1) of article five (5) of the constitution of the stateof Nebraska, the senate concurring, be so amended as to read as follows:

SOTE-This constitution has been compared with enrolled copy. The original articles are not numbered, and the numbering of the articles as given here in [] is the same as appears in the various session laws published under the direction of the secretary of state, prior to 1881, and as cited by the supreme court in various decisions.

SECTION 1. (Officers.)-The executive department shall consist of a governor, lieutenant governor, secretary of state, auditor of public accounts, treasurer, superintendent of public instruction, attorney general, commissioner of public lands and buildings, and three railroad commissioners, whose powers and duties shall be such as may be prescribed by law. The first named eight (8) officers shall hold office for the term of two years from the first Thursday after the first Tuesday in January next after his election and until his successor is elected and qualified; PROVIDED, HOWEVER, That the first election of said first eight named officers, shall be held on the Tuesday succeeding the first Monday in November, 1892, and each succeeding election shall be held at the same relative time in each even year thereafter. The three last named officers or railroad commissioners 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 three years. The first election for railroad commissioners shall be held on the Tuesday succeeding the first Monday in November, 1893, and shall be held at the same relative time in each succeeding year. The railroad commissioners shall, immediately after the first said election in 1893, be classified by lot, so that one shall hold his office for the term of one year, one for the term of two years, and one for the term of three years. No person shall be eligible to the office of railroad commissioner who be in the employ of any common carrier, or the owner of any railroad bonds or stock, or in any manner whatever pecuniarily interested in any railroad company. The governor, secretary of state, railroad commissioners, auditor of public accounts, and treasurer, shall reside at the seat of government during their term of office, and keep the public records, books, and papers there, and shall perform such duties as may be required by law; Provided, however, also that the governor shall appoint three railroad commissioners, who shall hold their office until their successors are elected and qualified as provided hereinbefore.

SEC. 2. That each person voting in favor of this amendment shall have written or printed upon his ballot the following: "For the proposed amendment to the constitution relating to executive officers."

Approved April 4, 1891.

A JOINT RESOLUTION to submit to the electors of the state of Nebraska for their approval or rejection an amendment to the constitution of the state, providing for the investment of the permanent educational fund of this state.

Resolved, By the legislature of the state of Nebraska, that at the general election, eighteen hundred ninety-two (1892), there shall be submitted to the electors of the state for their approval or rejection an amendment to the constitution of the state, in words as follows:

SECTION 1. "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.

SEC. 2. At such an election on the ballot of each elector voting for or against this proposed amendment shall be written or printed the words: "For proposed amendment to the constitution relating to permanent school fund" and "Against said proposed amendment to the constitution relating to permanent school fund."

SEC. 3. If such amendment shall be approved by a majority of all the electors voting at such election, said proposed amendment shall constitute section nine (9) of article eight (8) of the constitution of the state of Nebraska.

Approved April 6, 1891.

COMPILED STATUTES

OF THE

STATE OF NEBRASKA.

PART I.

CHAPTER 1.-ADMISSION OF THE STATE.

Whereas, The congress of the United States did, on the ninth day of February, A.D. 1e67, 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, A.D. 1864, 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.

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 19th, 1864.

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 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 forthwith 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 proceedings on the part of congress, the admission of said state into the Union shall be considered

Laws

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." 1857, 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. Sine the admission of the state into the Union, the federal courts have no jurisdiction of the crime of larceny cumButt 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.

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