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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 by 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 with the Missouri river; thence down the middle of the channel of said Missouri river, and following the meanderings thereof to the place of beginning.

ARTICLE XI.

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enforced, as if no change had taken place, and all laws, now in force shall remain in force until altered, amended, or repealed by the legislature; Provided, Wherever the word territory shall occur, it shall be construed to mean state, whenever it may be necessary, in order that such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 govern

ment.

SEC. 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 officer thereof, shall be esteemed and taken as due and owing to the state of Nebraska, and may be in such manner enforced.

SEC. 3. 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of the territorial government, shall continue to discharge and exercise the duties of their respective offices, until superseded by the provisions of this constitution or the officers appointed or elected by authority of its provisions.

SEC. 4. The first election for governor, secretary of state, auditor of state, one representative to congress, the justices of 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 of 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.

SEC. 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.

SEC. 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 of the propositions stated and specified in an act of congress, approved, April nineteenth, 1864, authorizing the people of the territory to form a con

stitution and state government; the people of the state of Nebraska hereby accepting the conditions in said act specified.

SEC. 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 such elections shall be open at the hour of nine o'clock A.M., and close at six o'clock P.M., and the returns of such 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 officers, and the canvass of such return made in the same manner as is now prescribed by law for delegates 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,

Governor of the Territory of Nebraska.

Approved, February 9th, 1866.

CONSTITUTION

OF THE

STATE OF NEBRASKA.

In force November 1, 1875.

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 constitution of the state of Nebraska :

ARTICLE I.-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 hap piness. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed.

See 22, 266 (34 N. W. 499).

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

SEC. 3. No person shall be deprived of life, liberty, or property, without due process of law.

Penalty for failure to remove fence not in conflict with this. 23, 303 (36 N. W. 548).

Complainant cannot be imprisoned for costs under section 322 of Criminal Code. 11, 532 (10 N. W, 449). "Due process of law" and "law of the land" mean same thing, and are designed to exclude arbitrary power from every branch of our government. 6, 42; 23, 377 (36 N. W. 554).

SEC. 4. [Freedom of Conscience.]-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 inviolate, but the legislature

may authorize trial by a jury of a less number than twelve men, in courts inferior to the district court.

Cases of mutual accounts may be examined into by jury. 5, 155. This does not apply to offenses against city ordinance. 26, 466 (42 N. W. 419). Garnishee cannot be ordered to pay over money without a suit, if he sets up any legal or equitable claim to it. 14, 242 (15 N. W. 342). Cited 11, 573 (10 N. W. 481).

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 searched and the person or thing 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. [Felonies-Prosecution.]-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 actual 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 public prosecutor; and may, by law, abolish, limit, change, amend, or otherwise regulate the grand jury system.

Information may take place of indictment. 29, 440 (29 N. W. —).

SEC. 11. In all criminal prosecutions the accused shall 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.

One having formed an opinion from reading reports of testimony is incompetent as a juror, though he may swear that he can return an impartial verdict. 5, 34. Fundamental principle of law that the property of one person cannot be given to another without his consent. 6, 71. One having expressed or formed an opinion ie incompetent as a juror. 4, 48. Judge has a right to designate the county in which a prisoner shall be tried for committing a crime in unorganized territory. 4, 226. Where defendant was indicted for felony, county was not liable for costs of his witnesses. 14, 19 (14 N. W. 549). The word "district" define 1. 11, 13 (7 N. W. 444). A county organized, but not for judicial purposes, is not a "district" under this section. 11, 13 (7 N. W. 444). See 29, 379 (45 N. W. 694). See note to section 3 citing 11, 532. (10 N. W. 449).

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.

Has no reference to recovering penalty for illegal sale of liquors. 12, 540 (11 N. W. 848).

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.

Legislature clothed with power to furnish the necessary tribunal for the prompt disposition of cases pending in the courts. 21, 661 (33 N. W. 426).

SEC. 14. Treason against the state shall consist only in levying 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.

Penalty for failure to remove fence not in conflict with this. 23, 303 (36 N. W. 548).

SEC. 16. [Prohibited legislation.]-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.

Law interfering with vested rights not valid. 7. 180. Law changing the mode of enforcing a contract valid. 6, 36. Act requiring holder of county warrant to take bonds in payment bearing a less rate of interest anconstitutional. 1, 381.

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.

Village occupation tax a mere civil liability and cannot be enforced by imprisonment. 27, 64 (42 N. W. 913). Does not apply to imprisonment for bastardy. 13, 19, 195 (13 N. W. 174). 24, 69 (38 N. W. 28).

SEC. 21. [Eminent Domain.]-The property of no person shall be taken or damaged for public use without just compensation therefor.

Words "or damaged" were not in the old constitution of 1866. History of section; general benefits to property at large do not lessen the damage, special benefits may. 23, 331 (36 N. W. 533). The words "or damaged inserted to cover a class of cases not provided for in former section. 22, 351 (35 N. W. 183). "Damaged" includes all diminution in value of property caused by the exercise of the right of eminent domain. 26, 571 (42 N. W. 93). Railroad company liable for damages to a lot owner by reason of running its road through an alley adjoining his lot. 14, 554 (16 N. W. 475). When, on appeal in right of way case, the owner recovers more damage than was found by the commissioners, he may have interest thereon from the time he was entitled to compensation. 13, 320 (14 N. W. 407). Railroad company is a trespasser if they enter land before condemnation made. 18, 86 (24 N. W. 439). Law giving double damages for injuries done by railroad void. 6, 46. A city is liable for damage occasioned by filling in street after buildings erected. 17, 548 (23 N. W. 503). Cited 12, 166 (10 N. W. 547). 10, 101 (4 N. W. 424).

SEC. 22. All elections shall 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 premises.

Prisoner must pay for his transcript. 8, 24.

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.

20, 604 (31 N. W. 117).

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

2, 9.

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.

ARTICLE II.-DISTRIBUTION OF POWERS.

SECTION 1. The powers of the government of this 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.

ARTICLE III.-LEGISLATIVE.

SECTION 1. The legislative authority is vested in a senate and house of representatives.

An act interpreting former laws, and in effect a mandate to courts to so construe them, void. 7, 180.

SEC. 2. The legislature shall provide by law for an enumeration of the inhabitants of the state 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 legis

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