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Ch. 6) Home Guards—Organisation 41

CHAPTER 6. (House Roll No. 6.) [Introduced by James Auten, Dwight S. Dalbey, and Al N. Defoe]

AN ACT providing for an auxiliary Home Guards in times of war and during the absence of the National Guards from the State, and to declare an emergency.

Be It Enacted by the People of the State of Nebraska:

Section 1. Home guards—organization authorized—The commander-in-chief of the National Guards may, in times of war and during the absence of the National Guards from the state in the military service of the United States, raise by voluntary enlistment and organize, under such rules and regulations as he may prescribe, an auxiliary Home Guard from citizens of the United States who are residents of this State, over eighteen years of age. Such guards may be of such numerical strength, organized into units, ofl‘icered, equipped, enlisted, disbanded, called and assigned to and for such service within the state as the commander-in-chief, by executive order, may determine expedient for the safety and protection of the people and property within the state. When called for service, the home guards shall perform such duties as the commander-in-chief may direct, and while in active service shall possess and exercise all powers of constables, policemen, and peace oflicers throughout the state, except in the service of civil process. And whenever it shall be necessary to call any part of such guard to service in response to any call for assistance from any county, city or community, such county, city or community shall be required to provide all maintenance and sustenance for such guard during their service therein. The county board of any county may at its discretion furnish such Home Guard as shall have been mustered in and accepted by the commander-in-chief, Within said county, with such arms, supplies and equipment as shall have been designated by the governor, and such boards are hereby expressly authorized to include an amount for that purpose in their estimate of county expense and levy for taxes, or pay said expense out of the general fund of the county.

Sec. 2. Ofllcers—how chosen—The Brigadier General shall be chosen by the vote of the officers of all the organizations comprising the brigade. The regimental field oflicers shall be chosen by the vote of the commissioned officers of each regiment. The company officers shall be elected by and from numbers of the representative companies, troops, batteries, or other integral organizations of the guard. The candidate receiving the greatest number of votes shall upon approval by the commander-in-chief be entitled to a certificate of election. The battalion, regimental, and brigade stafi' oflicers are appointed by their respective commander, subject to the approval of the commander-in-chief: Provided, no person shall be commissioned to an office until he shall have passed a satisfactory examination as to his fitness for the-position or may have graduated from the military department of the State university not to exceed three years prior to such appointment when he may be commissioned a second lieutenant without passing such examination. The commission of'the stafi officers of the commander-in-chief, brigade, regimental and battalion staff olficers shall expire with the term of office of the ofiicer appointing them. All other oflicers shall hold their commission for a period of five years unless sooner discharged by resignation or otherwise.

When an officer is re-elected or re-appointed, no new commission issues, but a certificate of such re-election'or rc-appointment will be endorsed upon his original commission; such officer shall take rank from the date of his original commission. All commissioned ofiicers must subscribe to the oath of their ofiice and be sworn before some civil authority having power to administer oath. The non-commissioned officers of the brigade, regimental and battalion stafis will be discharged on the expiration of the term of oflice of the commander who appointed them.

Sec. 3. Emergency—Whereas an emergency exists this act shall be in force and efit'ect from and after its passage and approval.

Approved, April 8, 1918.

Ch. 7) Mineral Leases 43

CHAPTER 7.
(House Roll No. 9.)

[Introduced by Representatives Thomas, Beal, Stearns, Lampert, Naylor Norton, Tracewell, Bates, Fults, Craddock and White, pursuant to call and message of the Governor.]

AN ACT to provide for the prospecting for, and development of minerals petroleum, gas, potash, and other valuable substances, found in public lands and waters of the State of Nebraska, and (rum lands heretofore,v sold or conveyed by the State in the conveyance of which there has been reserved mineral or other valuable substances herein enumerated; to provide authority for the issuance of mineral permits and leases thereon; authorizing the adoption of rules for and by the Board 01 Educational Lands and Funds relative thereto and necessary for the execution of the purposes of this Act; confirming and validating leases issued by the Board of Educational Lands and Funds; approving co-ordination with the Conservation and Soil Survey; providing rules for the pumping of lakes partly on State and partly on private lands; declaring meandered lakes, ponds and streams, and the beds thereof, to be public property; providing minimum royalties, and directing the disposition of the moneys derived from leases issued hereunder; defining certain acts as misdemeanors, and providing penalties; repealing Section 5870, Revised Statutes of 1913, and to declare an emergency.

Be It Enacted by the People of the State of Nebraska:

Section 1. Public lands—Mineral leases of.—All common school, university, normal, saline or other public lands, lakes, lake beds, river beds and channels belonging to the state or under its control, and all lands whichmay hereafter be so owned, and all of such lands which have heretofore been sold or conveyed by the state or by its authority, in the conveyance of which there has been reserved mineral and other valuable substances therein, are reserved to the state, as well as lands that may hereafter be sold, and lands hereafter acquired by the state, shall be included within the provisions of this act, and shall be open to the prospecting for, and the development of, minerals, petroleum, gas, potash and other valuable substances upon conditions herein provided.

Sec. 2. Who my lease public lands.—Any persons or association of persons, corporate or otherwise, being citizens of the. United States, desiring to obtain the right to prospect for, and develop the minerals, or valuable substances upon or in any of the public lands or waters of the state, may do so under the provisions of this act, and it shall be unlawful to prospect upon or in any of such public lands or waters without a permit, or for anyone to interfere with the functions and duties 0f the state surveys having in charge the investigations of the natural resources of the state. The State Conservation and Soil Survey at the request of the Board of Educational Lands and Funds shall make investigations and reports concerning state lands.

Sec. 3. Application for lease—Limitation—Any qualified person or association desiring a prospector’s right shall make application, giving the designation of the land by legal description, to the Commissioner of Public Lands and Buildings, with proper fees, and the Commissioner'shall issue a permit therefor. The Board of Educational Lands and Funds may exercise discretionary power, and be guided by best public policy in granting leases, and may adopt rules, regulations or resolutions necessary to expedite production, and best preserve the interests and integrity of the state, and to prevent control by monopolies and alien enemies; and provided further no person shall be permitted to enter for such mineral purposes more than one section of land and no development company or association shall be permitted to acquire in the aggregate more than 10,000 acres of state land by assignment or otherwise. Leases shall be for a term of not to exceed three years, subject to renewal as herein provided.

Sec. 4. Time to develop property—The owner of the permit shall be required, in the ease of potash, salines, silica, volcanic ash, sand, gravel, clay, fuller ’s earth and tripoli, to report within thirty days after the issuance of such permit, and shall begin construction of necessary works or the installation of necessary machinery for the physical development of the area within ninety days after the issuance of a lease. In case of minerals, substances not above enumerated, coal, petroleum and gas, permittee shall report within six months after issuance of permit, and development operations must be begun within one year from the date of the lease. Lessee shall make reports to the Commissioner of Public Lands and Buildings, showing the progress of the work, on or before December 1st of each year.

Cha 7) Forfeiture 45

Sec. 5. Forfeiture for failure to develop—Failure to progress with due diligence, or failure to make reports, regularly as provided, or special reports when requested, or the filing of a state ment which is untrue as to material facts, will subject the permit to forfeiture, and the termination of the rights of the lessee upon an order of the State Board.

. Sec. 6. Report of discovery of minerals—Upon the discovery of petroleum, gas, potash or other minerals or substances, in commercial quantities, the lessee shall report the same to the Commissioner of Public Lands and Buildings within thirty days, together with a statement showing how soon facilities necessary for production and marketing may be completed. If the Board of Edu~ cational Lands and Funds deems there is an unnecessary delay between the time of discovery and the time of production, a showing may be required as to the cause of the delay, and, if it be found to be out of proportion to a reasonable length of time, the board may demand more rapid development or the surrender or cancellation of the lease.

Sec. 7. Renewal 188.865.—The mineral prospector lessee may have a right to the renewal of the lease upon the same terms as herein provided so long as such minerals or other valuable substances are produced in paying quantities, provided said leases shall in no instance contain any provision abridging the rights of future legislatures to make such laws as may in their judgment be necessary to conserve the interests of the state. If lessee shall have made extensive tests, or a showing satisfactory to the Board of Educational Lands and Funds that he has proceeded in good faith, even though no successful production has resulted, the Board may, upon such showing, grant an extension or renewal for further prospecting.

Sec. 8. Terms of leases—bonus—royalty.—The terms upon which mineral-oil prospector’s leases may be issued shall be to the highest bidder and one-eighth royalty in the case of petroleum or gas. In case of potash or other substances the leases issued shall be highest bidder and the royalty shall be not less than five per cent. in addition to the bonus, the same to be determined by the State Board after examination and report by the Conserva tion and Soil Survey, and before leasing. Such minerals or sub

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