4469

4465. Repealed 1905, S. F. 123; in force March 29.

3. This provision is general in its nature and applies to all county officers and to every class of contracts. A contract between a county and one of its officers, whereby such officer undertakes to per4472. Supervisor districts and terms.

form extra official services for which the county agrees to pay him in addition to the fees allowed by law is void. Wilson v. Otoe County, Neb. -; 98 N. W. R. 1050.

Each county not under township organization having not more than one hundred and twenty-five thousand (125,000) inhabitants, shall be divided into three (3) districts numbered respectively one (1), two (2) and three (3), or into five (5) districts as provided for in section fifty-three (53) which shall be numbered respectively one (1), two (2), three (3), four (4) and five (5); and counties having more than one hundred and twenty-five thousand (125,000) inhabitants shall be divided into five (5) districts numbered respectively one (1), two (2), three (3), four (4) and (5), and shall consist of two or more voting precincts comprising compact and contiguous territory and embracing as near as may be possible an equal division of the population of the county and not subject to alteration oftener than once in three (3) years; and one (1) commissioner shall be nominated by each of said districts, but shall be elected by the qualified electors of the entire county as hereinbefore provided. The district lines shall not be changed at any session of the board unless all of the commissioners are present at such session: provided, That in counties of one hundred and twenty-five thousand (125,000) inhabitants or more, and in counties where a majority have voted for five (5) commissioners, it shall be the duty of the commissioners or supervisors of such county at their first meeting after the publication of the state or federal census, or after an election deciding to have five (5), to divide said county into five (5) commissioner's districts as provided for in this bill; provided, further, That the three (3) commissioners of such county whose term of office will expire after said election shall continue to represent the district in which they reside after the redistricting of such county until the expiration of the terms for which they were elected; And, Provided Further, That at the next general election occurring upon the even year after the division of a county into five (5) districts one commissioner shall be elected for each of the two (2) remaining districts, of the two (2) persons elected in such districts the person receiving the highest number of votes shall hold his office for the term of four (4) years, and the person receiving the next highest number of votes shall hold his office for the term of two (2) years; and each commissioner elected thereafter in pursuance of the provisions of this section shall hold his office for four (4) years and until his successor is elected and qualified. History. Amended changing the term, 1905, H. R. 316; in force July 1.

4473. Term of office four years.

At the first election held to choose a board of commissioners under this act in any county the person having the highest number of votes shall continue in office for four (4) years; the two (2) receiving the next highest number of votes shall continue in office for two (2) years, but if any three or more persons shall receive the same number of votes their terms of office shall be determined by the board of canvassers, and each commissioner elected at the first general election as herein provided shall hold his office for two or four (4) years as the case may be and until his successor is elected and qualified, and each commissioner elected thereafter in pursuance of the foregoing section shall hold his office for four years, and until his successor is elected and qualified. History. Term changed to four years 1905, H. R. 316; in force July 1.

The moneys necessary to defray the town charges of each town shall be levied on the taxable property in such town, in the manner prescribed by law for raising revenue. The rate of taxes for town purposes shall not exceed;-for roads, ten mills on each dollar, of the valuation;-for bridges,-two mills on each dollar of the valuation;-for all other purposes,-two mills on each dollar of the valuation. The electors at the annual town meeting shall determine the amount of money necessary to be levied for each fund for town purposes, and the town board shall certify to the County Clerk, the amount of moneys voted to be raised at the annual town meeting for each of said funds,—and said amounts shall be levied by the County Board on taxable property in such townships and collected as other taxes-provided however, that said amount shall not exceed fourteen mills on the dollar valuation as assessed and equalized. History. In 1905 this section was amended by H. R. 137, which changed the road tax from 2 to 10 mills, this being the only change. This act was approved March 9 and would be in force July 1. It was also amended by H R. 216, the Kyd bill, approved April 3, with an emergency clause. This is the act here published.

4589. Term of office of supervisors.

The supervisors elected and appointed as provided in this act shall hold their respective offices until the next general election occuring upon the even year

following their selection or appointment, and until their successors have been duly elected and qualified.

History.-Term changed to even years 1905, H. R. 317; in force July 1.

4590. Supervisor-Election.

At the next general election occuring upon the even year following the adoption of township organization, or the division of any county now under township organization into supervisor districts as provided in this act there shall be elected in each supervisor district one (1) supervisor who shall be nominated and elected by the qualified electors of the district for which such supervisor is elected, and each district shall nominate its supervisor in the same manner as near as may be as other district officers are nominated, and the votes cast for such supervisor in the different townships, cities or wards within such districts shall be counted, canvassed and returned the same as is done for county officers. The person who shall receive a plurality of all the votes cast for supervisor within the district shall be declared the elected supervisor for such district, and shall receive a certificate of election from the county clerk the same as other officers.

History. Election changed to even years 1905, H. R. 317; in force July 1.

4591. Form of ballots-Term of officers.

At the next general election occuring upon the even year after the adoption of township organization and the division of the county into supervisor districts as contemplated in this act, there shall be elected in such supervisor district one. (1) supervisor, and the supervisors elected in the odd numbered districts shall hold their offices for two years, and the supervisors elected in the even numbered districts shall hold their offices for four (4) years. In double or city districts, the ballots shall state which one of the supervisors is elected for the odd and which one for the even numbered district. Each district shall thereafter elect one supervisor every four (4) years, and each supervisor after the first election as stated above shall hold his office for the term of four (4) years, and until his successor is duly elected and qualified.

History. Term changed to four years 1905, H. R. 317; in force July 1.

Secs. 4604 to 4606.

Laverty's public funds bill.

An act to prevent the illegal expenditure of public funds. 1905, S. F. 13; in force July 1.

4604. Contracts illegally awarded, void.

All contracts either express or implied, entered into with any County Board or Board of Supervisors of any County, for or on behalf of any county, and all orders given by any such Board or any of the members thereof, for any article, service, public improvement, material or labor in contravention of any statutory limitation or when there are, or were no funds, legally available therefor, or in the absence of a statute expressly authorizing such contract to be entered into, or such order to be given, are hereby declared unlawful and shall be wholly void as an obligation against any such county.

History.-Laws 1905, S. F. 13, sec. 1; in force July 1.

4605. Penalty for paying out money-Contrary to this act.

Any public official, or officials who shall audit, allow, or pay out, or cause to be paid out, any funds of any county for any article, public improvement, material, service, or labor, contrary to the provisions of section I of this act shall be liable for the full amount so expended, and the same may be recovered from

any such official or the surety upon his official boud by any such county, or any tax payer thereof.

History.-Laws 1905, S. F. 13, sec. 2; in force July 1.

4606. No judgment on illegal contracts.

No judgment shall hereafter be rendered by any court against any such county in any action brought to recover for any article, public improvement, material, service or labor contracted for or ordered in contravention of any statutory limitation, or when there are or were no funds legally available at the time, with which to pay for the same, or in the absence of a statute expressly authorizing such contract. Provided, this act may not prevent the repairing of any bridge damaged by sudden casualty, when the county board shall first declare that an emergency exists and give notice of their intention to repair such damage by at least one publication in some newspaper of general circulation in the county.

History-Laws 1905, S. F. 13, sec. 3; in force July 1.

4726. Supreme court commissioners-Appointment.

The Supreme Court of this State is hereby authorized to appoint by the unanimous vote and order of the Judges of said Court, six (6) Commissioners of said Court and such stenographers as the Court may, from time to time, deem necessary for the aid of such Commissioners.

History. Changed to six 1905, H. R. 3; in force February 24.

4. The opinions of the commissioners designated as "unofficial" have no value as precedent or authority in the sense in which the doctrines of stare decisis is applied. The court has not necessarily approved all the propositions of law advanced as indicated either in the syllabi or in the opinions themselves; whatever value they possess must be found in their intrinsic merits as being cogent in reason and sound in principle. Flint v. Chaloupka, Neb. ; 99 N. W. R. 825.

5. Where opinions are prepared by commissioners they must be permitted necessarily to state their reasons in their own 4728. Terms of office.

way without binding the court to all that
is said arguendo, even though it concurs
in the conclusions of law and express find-
ings of fact. Opinions expressed by the
commissioners on matters not essential to
the decision, while properly set forth to
advise counsel that their arguments in
briefs or at the hearing have been duly
considered, do not become necessarily the
law of the case, and will not preclude
further investigations of such points
should they come before the court once
more. Williams v. Miles, Neb.
-; 96
N. W. R. 151; Modern Woodmen v. Cole-
man, Neb.; 96 N. W. R. 154.

Each of said Commissioners and stenographers shall hold his position for the period of two years from and after his appointment, unless such appointment be withdrawn by the Supreme Court by the unanimous order of the Judges thereof, before the expiration of said time.

History. Amended 1905, H. R. 3; in force February 24.

That any judge of the district court may sit at chambers, at any time, and place within his judicial district, and while so sitting shall have the power: 1. To grant, dissolve or modify temporary injunctions. 2. To discharge attachments. 3. To hear and determine motions and demurrers. 4. To hear and determine applications for writ of mandamus, and applications for writ of habeas corpus. 5. To discharge such other duties, or to exercise such other powers, as may be conferred upon a judge in contradistinction to a court. 6. To receive a plea of "guilty" from any person charged with a felony and passing sentence thereon, upon reasonable notice to the prosecuting attorney. History. Third clause inserted 1905, H. R. 225; in force March 30.

That the clerk of the supreme court, and of the several district courts in this state, shall have power to appoint deputies; and deputies of the district cierks shall be residents of the counties in and for which they act. Such deputies shall be sworn faithfully to perform the duties of their office, before they enter upon those duties;* provided that in all counties in the state of Nebraska having over 30,000 and less than 60,000 inhabitants, the clerk of the district court shall be supplied by the board of county commissioners or supervisors with a deputy or first assistant for the use of such office, whose salary shall be one thousand ($1,000) dollars per annum, to be paid monthly out of the general fund of the county. And the board of county commissioners or supervisors shall furnish such additional help for use of such office as may be by them found necessary. The salaries of such additional help shall be fixed, allowed and paid monthly by such county commissioners or supervisors out of the general fund of the county.

History. All after* added 1905, H. R. 412; in force April 4.

124. It is not error to refuse an instruction tendered, when the same ground is covered by an instruction given by the court. City of South Omaha v. Taylor, Unoff.; 96 N. W. R. 209.

125. Where an instruction contains nothing prejudicial in its charge, it will not be condemned because it is not couched in the best selected words to accurately express its meaning. Stull v. Stull, 1 Unoff. 380, 389, 399; 96 N. W. R. 196.

126. Unless the witness has testified falsely in regard to some material issue or matters in regard to which he can not be presumed liable to mistake, the maxim, "Falsus in uno, falsus in omnibus," does not apply. Holdrege v. Watson, 1 Unoff. 687; 96 N. W. R. 67.