CHAPTER 82.-SEAT OF GOVERNMENT.

SECTION 1. [Commissioners.]-That the governor, secretary of state, and the auditor be, and they are hereby appointed commissioners for the purpose of locating the seat of government and the public buildings of the state of Nebraska.

SEC. 2. [Provided for bond of commissioners.]

SEC. 3. [Selection — Name.]-On or before the fifteenth day of July, A.D. 1867, the commissioners or a majority of them, shall upon actual view select from the lands belonging to the state, within the following limits, to-wit: The county of Seward, the south half of the counties of Saunders and Butler, and that portion of the county of Lancaster lying north of the south line of township nine, a suitable site of not less than six hundred and forty acres, lying in one body for a town, due regard being had to its accessibility from all portions of the state, and its general fitness for a capital. They shall then appoint a suitable person as surveyor, and such other assistants as may be necessary, who shall take and subscribe an oath similar to the one taken by the commissioners. They shall immediately survey, lay off, and stake out the said tract of land into lots, blocks, streets, and alleys, and public squares, or reservations for public buildings, which said town when so laid out, and surveyed shall be named and known as Lincoln, and the same is hereby declared to be the permanent seat of government of the state of Nebraska, at which all of the public offices of the state shall be kept, and at which all the sessions of the legislature shall hereafter be held.

SECS. 4-10. [Provided for sale of lots, expenses of commissioners, and erection of capitol.]

SEC. 11. [University-Agricultural college-Location.]—The state university and state agricultural college shall be united as one educational institution, and shall be located upon a reservation selected by said commissioners, in said “Lincoln," and the necessary buildings shall be erected thereon as soon as funds can be secured by the sale of lands donated to the state for that purpose, or from other sources.

SEC. 12. [Penitentiary-Location.]—The penitentiary of the state shall be located upon a reservation selected by the said commissioners in the said "Lincoln," or upon lands belonging to the state, and adjacent to said town of "Lincoln," and the necessary building shall be erected as soon as funds can be secured:

SEC. 13. [Officers to move to Lincoln.]-As soon as the capitol building provided for in this act is erected and completed, it shall be the duty of the governor to issue his proclamation announcing said fact, and thereupon it shall be the duty of all the state officers whose offices are properly kept at the capitol, to remove, within three months, their several offices, together with the public property, archives, records, books and papers to said "Lincoln," and all sessions of the legislature shall thereafter be convened at the same place.

SEC. 14. [Provided for report to legislature.]

SEC. 15. [Sale of lots in Lincoln.]—It is hereby made the duty of the board of public lands and buildings to cause all unsold lots and lands belonging to the state of Nebraska and lying and being in the city of Lincoln, in the county of Lancaster and state of Nebraska, to be sold at public sale to the highest bidder as hereinafter provided. [1887, chap. 85.]

SEC. 16. [Appraisement-Notice of sale.]—Said board shall immediately

CHAP. $2. "An act to provide for the location of the seat of government." Laws 1867, 52. G. S. 1002. Took ffect June 24, 1877. NOTE.-Also that special acts concerning the erection of public buildings, capitol, insane asylum, etc., are omitted from this volume. See Const. p. 38.

SECS. 15-19. "An act to provide for the selling of all unsold lots and lands belonging to the state of Nebraska, ving and being in the city of Lincoln, and to provide for the appropriation of the funds arising from said sale." Laws 1887, chap. 85. Took effect March 31, 1887.

upon the taking effect of this act cause said lots and lands to be appraised by five disinterested appraisers, and after said appraisal shall have been completed said board shall cause notice of such sale to be published for thirty days in six leading newspapers, one of which shall be published in Omaha, one in Lincoln, one in Hastings, Nebraska; one in Cleveland, Ohio; one in Chicago, and one in New York, giving the terms of said sale, which shall be one-third cash, one-third in one year therefrom, and one-third in two years, with interest at seven per cent.; Provided, That all lots sold for one hundred ($100) dollars or less shall be for cash; Provided, further, That said lots shall be appraised and sold separately. [Id.]

SEC. 17. [Sale.]-The said board shall procure a competent auctioneer to conduct said sale, and said board shall have full power to carry into effect the provisions of this act; Provided, however, That no sale shall be made at less than the appraised value. [Id.]

SEC. 18. [Same-Proceeds.]-The proceeds of said sale shall be placed to the credit of the capitol building fund, to be used for making change from stone to iron for construction for dome of capitol building; for making change from limestone to polished granite columns for porticos; for interior decorations for court room, library, offices, corridors, rotunda, and vestibule, and in completing and furnishing capitol building and in laying out and improving capitol grounds; Provided, Said proceeds shall not be used for laying out and improving the grounds until the capitol building shall be enclosed. [Id.]

SEC. 19. [Appropriation.]—The amount derived from the sale of said lots and lands is hereby appropriated out of the capitol building fund to aid in the completion and furnishing of said capitol building and laying out and improving the grounds around said building, as provided for in section 4 of this act. [Id.]

CHAPTER 82 a- -SOLDIERS AND SAILORS.

SECTION 1. Establishment.-That there shall be established and maintained by the state of Nebraska an institution, to be known as the Nebraska Soldiers' and Sailors' Home, the object of which shall be to provide homes and subsistence to honorably discharged soldiers, sailors, and marines, and also hospital nurses who served in the United States army or navy, or hospitals during the war of the rebellion who shall at the time of application for admission to such home, have been an actual bona fide resident of this state for two years, next preceding such application, and who have become disabled by reason of such service, old age, or otherwise, from earning a livelihood, and would be dependent on public or private charities, and also the wives of such soldiers, sailors, or marines who have attained to the age of fifty years, and the widows of soldiers, sailors, or marines who died while in the service of the United States, and the widows of such soldiers, sailors, or marines who were honorably discharged from such service, and have since died, Provided, Such widow shall have been bona fide residents of this state for two years immediately preceding admission to such home, and have attained the age of fifty years, and is unable to earn a livelihood and is dependent upon public or private charities; Provided, further, that all applications for admission to said home shall be made to the county board of the county in which the applicant resides, and it shall be and is hereby made the duty of any county board in this state to whom such application shall be mide to inquire into the condition of such applicant, and if upon inquiry it be found that the applicant is unable by reason of disability or old age to earn a livihood for him or herself, and is dependent upon public or private charities for their maintenance, then the county board shall at once forward the application, together with their finding in regard to the condition of such applicant under their seal, to the legally authorized board of such home, whose duty it is now, or hereafter it may be to receive and act upon applications for admission thereto. [1887, chap. 82. Amended 1889, chap. 85. 1891, chap. 49, § 1.]

SEC. 2. [Buildings.]—The board of public lands and buildings shall, as soon as practicable, after this act shall take effect, take the necessary steps for the erection and furnishing of a suitable central building for such institution, capable of accommodating not less than 25 nor more than 50 persons, in addition to the necessary officers and employes. They shall advertise for plans and specifications for such building, and upon the adoption of the same, shall at once advertise for sealed proposals for the erection and completion of said building in accordance with such plans and specifications; and shall let the contract to the lowest bidder therefor, who shall be required to enter into a written contract for the erection and completion of said building in accordance with the bid and the plans and specifications adopted by the board. He shall also give a bond for the faithful performance of his contract, in such sum as the board shall deem ample. [Id.]

SEC. 3. [Location.]-Such soldier's and sailor's home shall be located not less than three miles nor more than six miles from the corporate limits of the city of Grand Island; Provided, There shall be donated and conveyed to the state of Nebraska in fee simple, not less than 640 acres of land suitable as a site for said institution; to be approved and accepted by the board of public lands and buildings. If such lands shall not be donated and conveyed within 30 days after this act shall take effect, then the board of public lands and buildings shall locate and establish the same at some other suitable

CHAP. 82 a. "An act to establish and maintain the Nebraska Soldier's and Sailor's Home." Laws 1887, chap. 82. Took effect March 4, 1887, as amended by "an act to amend sections 1, 4, 5, 6, 7 and 8 of chapter eighty-two a (2 a) of the compiled statutes of 1889, and to repeal the sections so amended." Laws 1891, chap. 49. Took effect Aug. 1, 1891.

point, where such donation shall be made, having regard to the welfare of the institution and the health of its inmates. [Id.]

SEC. 4. [Visiting board.]-The governor shall appoint five persons, three of whom shall be honorably discharged volunteer soldiers of the United States army, and two of whom shall be either wives, sisters, or daughters of honorably discharged soldiers, sailors or marines and members of the Women's Relief Corps of this state, as a visiting and examining board, who shall serve for three years from the date of their appointment, one of whom shall serve until April 1st, 1892, two until April 1st, 1893 and two until April 1st, 1894, as may be determined by lot, and their successors, respectively, shall serve three years each, and in every case a member shall hold his or her office until their successor shall be appointed and qualified. They shall each give bond in the sum of two thousand ($2,000) dollars for the faithful discharge of their duty, and shall take and subscribe an oath to support the constitution of the United States and of the State of Nebraska, to faithfully discharge the duties of his or her office without fear or favor. The members of such board shall receive as compensation for their services the sum of four ($4) dollars per day for each and every day of actual service, and all necessary expenses incurred in the discharge of their duties. The Governor shall have power to remove any member of the board for inefficiency or other good and sufficient cause, and any vacancy occurring from death, removal or otherwise, shall be filled in the same manner as above. [Amended 1891, chap. 49, § 2.]

SEC. 5. [Management-Board--Powers.]-The management of the Home shall be vested in the visiting and examining board, who shall visit said Home at least once each month, and inquire into the conduct and management of the affairs of the same, and the treatment of the members thereof, define the duties of the officers, fix their compensation and to make all necessary by-laws, rules and regulations for the government of the institution and its inmates. They shall prescribe rules of admission to said home, in accordance with the provision and object of this act. They shall from time to time as they may deem necessary or advisable, cause such lands as may not be necessary in connection with the central building to be surveyed and platted into suitable tracts of two and one-half (24) acres or more, with regularly laid out streets and alleys, and shall cause neat and comfortable cottages and outbuildings to be erected thereon as may be found necessary, and shall assign tracts of land and cottages to such of the inmates as may be able to partially support themselves by manual labor. Such land shall be cultivated under such rules as may be adopted for the government of such home. They shall appoint one of their number to be president and one as secretary. They shall hold their stated meetings at the institution, at least as often as once each month such time as they may appoint, and called meetings at the call of the president or at the request of three members of the board. A majority of the board shall constitute a quorum for the transaction of business. At each regular meeting they shall inspect the institution under their charge and they or any one of them may visit and inspect at any time. They shall from time to time order such expenditures, either for permanent improvement or otherwise as in their judgment they deem necessary. Provided however, That no liability shall be incurred that will exceed the appropriation made for any specific purpose. They shall make contracts for furnishing supplies for the institution. and the inmates thereof with the lowest and best bidder once each quarter at such time as the board may deem best, after giving at least two weeks notice in such manner as the board may direct. The board is authorized to furnish such support and care to inmates at said institution as may be deemed necessary to render such persons comfortable, taking into consideration their ability to partially support themselves. All contracts for the erection of any buildings or other improvements shall be let to the lowest responsible bidder, and the board shall have power to reject any and all bids either for the erection of buildings or the furnishing of supplies for said Soldiers and Sailors Home. They shall audit all bills and vouchers for expenditures for the institution before the same shall be paid. [Amended 1891, chap. 49, § 3.]

SEC. 6. [Commandant-Duties.]-The commandant before entering upon the duties of his office shall give a bond payable to the State of Nebraska in such amount and such sureties not less than two, as shall be approved by the visiting and examining board and by the Governor, conditioned upon the faithful performance of the duties of his office, which shall be filed in the office of the Secretary of State. He shall be the financial agent of the visiting and examining board, and shall have charge of the premises, property and inmates subject to their direction. He shall, with the consent of the visiting and examining board, appoint all subordinate officers and employees and assign them their respective duties, and with the consent of said board discharge them from service. He shall see that all officers and employes of the institution faithfully discharge their duties, and shall be directly responsible to the board for the economy, efficiency and success of the internal management of said institution. (9). On or before the first day of December preceding each regular session of the Legislature, the visiting and examining board shall make out and transmit to the Governor, a full and detailed report of all their transactions and doings for the two years ending on the thirtieth day of November immediately preceding, showing, for the two years, and for each of them separately, the number of inmates admitted and discharged since their last report, the number then remaining in the institution, the average annual attendance, the receipts, disbursements and expenditures, of monies or other funds, the valuation of property on hand, the amount of each appropriation or fund under their control, and the balance thereof remaining unexpended in the treasury of the state. Provided further, that the Governor may call for and require special reports when in his judgment the public interest shall demand the same. [Amended 1891, chap. 49, § 4.]

SEC. 7. [Acts Repealed-Self supporting Soldiers, etc.]-Section 6. That sections one (1), four (4) five (5) six (6) seven (7) and eight (8) of chapter eightytwo "a" (82 a) of the compiled statutes of Nebraska of 1887, and all acts or parts of acts in conflict with this act are hereby repealed. Section 7, Provided nothing in this act contained shall be construed to deny any old soldier or sailor who is properly a subject to be admitted to the Home the privilege of paying his board or any part thereof if he so desires. [Amended 1891. chap. 49, § 5.]

SEC. 8. [Repealed Laws 1891, chap. 49, § 5.]

SEC. 9. [Obsolete.]

ROSTER.

SEC. 10. [Roster of soldiers and sailors.]-The assessor of each precinct, township, or ward shall make and deliver to the county clerk of their respective counties, at the time of making their annual assessment in the year 1887, and every two years thereafter, a corrected list of all persons who served in the United States army, navy, and marine corps during the war of 1812, the Mexican war, and the war of the rebellion, designating the rank, company, regiment, battery, or vessel in which they served, and their present residence and postoffice address, which several lists shall be returned with the assessor's books to the county clerk, who shall, on or before the first day of June, 1887, certify to the secretary of state a true copy of said lists, alphabetically arranged by regiments and states, the secretary of state to furnish each connty clerk with sufficient blanks for this purpose. [1887, chap. 81.]

SEC. 11. [Publication.]-The secretary of state, on receipt of said lists from the county clerks, shall proceed to consolidate said lists alphabetically by regiments and

SEC. 7. This section before amendment was as follows:

"SEC. 7. [Commandant.]—The governor shall, with the advice and consent of the visiting and examining board, appoint a commandant of said home, who shall be an ex-Union soldier of the war of the rebellion. Said commandant shall possess such powers, perform such duties, and receive such salary, not exceeding fifteen hundred dollars ($1,500) per annum as may be prescribed by the rules for the government of said home. He shall also be furnished with a suitable house for himself and family on said grounds, but shall receive no other pay or perquisite than the salary herein provided for. He may be removed or suspended at any time by the governor with the consent of said visiting and examining board or a majority thereof." [Id.]

SECS. 10-12. "An act to provide for the publication of the names of all ex-soldiers, sailors, and marines residing in Nebraska." Laws 1887, chap. 81. Took effect March 4, 1887.