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| Section Miscellaneous Provisions. | 12. In regard to the acceptance or Section

rejection of the Constitution. 1. Executive and judicial officers

13. The time for holding a general and members of the Legisla

election. ture to take the following oath.

14. Terms of all State and county

! 2. Any person who is in default

officers, or judges of the Suas a collector and custodian

preme District Courts, etc., of public money shall not be

when to begin. eligible to any office of trust. 15. The Supreme, District and 3. Drunkenness shall be cause of

County Courts shall be the impeachment and removal

successors respectively of the from office.

Supreme, District and Pro

bate Courts, having jurisdicARTICLE XVII.

tion under the existing ConAmendments.

stitution. 1. Amendments may be proposed

16. The Supreme, District and Proin each branch of the Legis

bate Courts now in existence lature.

shall continue. 2. A convention to revise and

17. All cases, etc., pending and unamend the same may be called.

determined in the several ARTICLE XVIII.

courts, and all records, etc., Schedule.

are transferred. 1. All laws in force at the time of 18. Existing Constitutions shall the adoption of this Constitu

cease, when. tion, etc., shall continue to be 19. The provisions of this Constituvalid.

tion required to be executed 2. Taxes, penalties, etc., existing

prior to the adoption or rebefore the Constitution, shall

jection thereof


take continue.

effect and be in force imme3. Bonds, obligations, etc., entered

diately. into upon the adoption of this 20. The Legislature shall pass all Constitution shall remain

laws necessary to carry into valid.

effect the provisions of this 4. All courts not in this Constitu

Constitution. tion specifically enumerated,

21. Oath of affirmation to be reshall continue in existence.

taken in the support of this 5. All persons filling office shall

Constitution. continue.

22. In regard to the Regents of the 6. The district attorneys shall con


23. The tinue.

present executive, State 7. The Constitution shall be sub

officers, etc., shall continue. mitted to the people of the State.

24. The returns of the whole vote 8. Election returns to be

cast by judges of the Supreme

conducted according to the laws

Court, etc. regulating general elections.

25. The auditors shall draw war9. The duties of the Secretary of

rants of the State quarterly. State twenty days before

26. District Court shall fix time for each election.

holding their courts.

1 10. Form of ballots for said elec

27. Members of the first Legislation.

ture under this Constitution. 11. Returns to be

made within 28. The Constitution shall be enfourteen days after the elec

rolled and deposited in office tion.

of Secretary of State.

PREAMBLE. We, the people, grateful to Almighty God for our freedom, do ordain and establish the following declaration of rights and frame of government as the Constiution of the State of Nebraska:


Bill of Rights. Section 1. All persons are by nature free and independent, and have certain inherent and inalienable rights; among these are life, liberty and the pursuit of happiness. To secure these rights and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed.

Sec. 2. There shall be neither slavery nor involuntary servitude in this State, otherwise than for punishment of crime, whereof the party shall have been duly convicted.

No person shall be deprived of life, liberty or property without due process of law.

Sec. 4. All persons have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No person shall be compelled to attend, erect or support any place of worship against his consent, and no preference shall be given by law to any religious society, nor shall any interference with the rights of conscience be permitted. No religious test shall be required as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths and affirmations. Religion, morality and knowledge, however, being essential to good government, it shall be the duty of the Legislature to pass suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction.

Sec. 5. Every person may freely speak, write and publish on all subjects, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, when published with good motives and for justifiable ends, shall be a sufficient defense.

Sec. 6. The right of trial by jury shall remain in violate, but the Legislature may authorize trial by jury of a less number than twelve men, in courts inferior to the District Court.

Sec. 7. The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches and seizures, shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be seized.

Sec. 8. The privilege of the writ of habeas corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety requires it, and then only in such manner as shall be prescribed by law.

Sec. 9. All persons shall be bailable by sufficient sureties, except for treason and murder, where the proof is evident or the presumption great. Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Sec. 10. No person shall be held to answer for a criminal offense, except in cases in which the punishment is by fine or imprisonment, otherwise than in the penitentiary, in case of impeachment, and in cases arising in the army and navy or in the militia, when in active service in time of war or public danger, unless on a presentment or indictment of a grand jury: Provided, that the Legislature may by law provide for holding persons to answer for criminal offenses on information of a publio prosecutor, and may by law abolish, limit, change, amend or otherwise regulate the grand jury system.

Sec. 11. In all criminal prosecutions the accused shah have the right to appear and defend in person or by counsel, to demand the nature and cause of accusation and to have a copy thereof, to meet the witnesses against him face to face; to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.

Sec. 12. No person shall be compelled, in any criminal case, to give evidence against himself, or be twice put in jeopardy for the same offense.

Sec. 13. All courts shall be open, and every person, for any injury done him in his lands, goods, person or reputation shall have a remedy by due course of law, and justice administered without denial or delay.

Sec. 14. Treason against the State shall consist only in levy. ing war against the State, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

Sec. 15. All penalties shall be proportioned to the nature of the offense, and no conviction shall work corruption of blood or forfeiture of estate; nor shall any person be transported out of the State for any offense committed within the State.

Sec. 16. No bill of attainder, ex post facto law, or law impairing the obligation of contracts, or making any irrevocable grant of special privileges or immunities, shall be passed.

Sec. 17. The military shall be in strict subordination to the civil power.

Sec. 18. No soldier shall in time of peace be quartered in any house without the consent of the owner; nor in time of war except in the manner prescribed by law.

Sec. 19. The right of the people peaceably to assemble to consult for the common good, and to petition the government, or any department thereof, shall never be abridged.

Sec. 20. No person shall be imprisoned for debt in any civil action on mesne or final process, unless in cases of fraud.

Sec. 21. The property of no person shall be taken or damaged for public uses without just compensation therefor.

Sec. 22. All elections sball be free; and there shall be no hindrance or impediment to the right of a qualified voter to exercise the elective franchise.

Sec. 23. The writ of error shall be a writ of right in all cases of felony; and in capital cases shall operate as a supersedeas to stay the execution of the sentence of death until the further order of the Supreme Court in the premises.

Sec. 24. The right to be heard in all civil cases in the court of last resort by appeal, error or otherwise, shall not be denied.

Sec. 25. No distinction shall ever be made by law between resident aliens and citizens in reference to the possession, enjoy. ment or descent of property.

Sec. 26. This enumeration of rights shall not be construed to impair or deny others retained by the people, and all powers not herein delegated remain with the people.


Distribution of Powers. Section 1. The powers of the government of the State are divided into three distinct departments — the Legislative, Executive and Judicial; and no person or collection of persons, being one of these departments, shall exercise any power properly belonging to either of the others, except as hereinafter expressly directed or permitted.


Legislative. Section 1. The legislative authority is vested in a Senate and House of Representatives.

Sec. 2. The Legislature shall rovide by law for an enumeration of the inhabitants of the te in the year eighteen hundred and eighty-five, and every ten years thereafter; and at its first regular session after each enumeration, and also after each enumeration made by the authority of the United States, but at no other time, the Legislature shall apportion the Senators and Representatives according to the number of inhabitants, excluding Indians not taxed and soldiers and officers of the United States army and navy.

Sec. 3. The House of Representatives shall consist of eighty. four members and the Senate shall consist of thirty members, until the year eighteen hundred and eighty, after which time the number of members of each house shall be regulated by law; but the number of Representatives shall never exceed one hundred, nor that of Senators thirty-three. The sessions of the Leg. islature shall be biennial, except as otherwise provided in this Constitution.

Sec. 4. The term of office of members of the Legislature shall be two years, and they shall each receive pay at the rate of five dollars per day during their sitting, and ten cents for every mile they shall travel in going to and returning from the place of meeting of the Legislature, on the most usual route: Provided, however, that they shall not receive pay for more than sixty days at any one sitting, nor more than one hundred days during their term.

That neither members of the Legislature nor employes shall receive any pay or perquisites other than their salary and mileage. Each session, except special sessions, shall be not less than sixty days. After the expiration of forty days of the session no bills or joint resolutions of the nature of bills shall be introduced, unless the Governor shall by special message call the attention of the Legislature to the necessity of passing a law on the subject-matter embraced in the message, and the introduction of bills shall be restricted thereto.

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