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CHAPTER 83.-STATE AND STATE OFFICERS.
SECTION 1. [Powers.]-The governor is hereby constituted the legal custodian of all the property of the state, not specially entrusted to other officers by law, and he is hereby authorized and empowered to take summary possession of such property of the state, without any process of law, and to adopt such measures as he may deem proper to preserve it from injury or deterioration. [1867 § 1, 100.]
SEC. 2. [Report of executive officers.]-It shall be the duty of the several officers of the executive department to make a written report to the governor of the state of the public business entrusted to their charge, whenever required by him so to do. [Id. § 2.]
SEC. 3. [Commissions.]-All commissions to civil officers in this state, shall be issued and signed by the governor, and countersigned by the secretary of state, and a record thereof kept in the office of the secretary of state. [Id. § 3.]
SEC. 4. [Thanksgiving day.]-The governor shall by proclamation, set apart one day in each year as a day of solemn and public thanksgiving to Almighty God, for his blessings to us as a state and a nation, and no business shall be transacted on that day at any departments of state. [Íd. § 6.]
SEC. 5. [Private secretary.]--The governor shall appoint a private secretary to serve during the continuance of his term of office, who shall receive a salary of fifteen hundred dollars per annum, payable in the same manner as the salaries of state officers. [Id. § 7. Amended 1879, 103.]
SEC. 6. [Insurance on public buildings.]--That the governor be and is hereby authorized and empowered to insure the public buildings and other property belonging to the state, liable to destruction or injury by fire, with some good and responsible insurance company or companies, for the benefit of and in the name of the state. [1869 § 1, 87.]
SEC. 7. [Same.]-That the governor shall deposit the insurance policies, taken out in accordance with the provisions of the foregoing section, with the treasurer of the state, and shall certify to the auditor the amount of the premiums and the date they become due, and the auditor shall draw his warrant upon the treasurer for the respective amounts of said premiums from time to time as they shall be due, in favor of the proper officer or agent of said insurance company or companies. [Id. § 2.]
SEC. 8. [Janitor.]-The governor is hereby authorized and empowered to employ some suitable person as janitor of the capitol building, who shall receive a salary of six hundred dollars per annum, payable quarterly, in like manner as the salaries of state officers, and whose duty shall be to take care of and keep in good order the said capitol building, and the grounds belonging thereto. [Id. § 3.]
ARTICLE II.-SECRETARY OF STATE.
SECTION 1. [Custodian of public records.]-All public acts, laws, and resolutions passed by the legislature of the state shall be carefully deposited in the office of the secretary of state, and the secretary of state is charged with the safe keeping of said office and all laws, acts, resolutions, bonds, papers, and records, which now are or shall hereafter be deposited therein. He shall not permit any original rolls, papers, or public documents filed in his office, to be taken out of it unless called for by a resolution of either or both houses of the legislature, or for the examination by the executive. [1877 § 3, 195.]
SEC. 2. [Legislative documents.]-The secretary of the senate and the
SECS. 1-5. "An act prescribing and defining the powers and duties of the governor of the state," [Laws 1867, 100,] except Secs. 4 and 5. which were superseded by Secs. 10, 11, and 13, Art. V. Const. The act took effect June 24, 1867.
SECS. 6-8. "An act to provide for the care of the capitol building and other state property." Laws 1869, 87. G. S. 1047. Took effect Feb. 15, 1869.
ART. II. "An act to define the duties of secretary of state." Laws 1877, 195. Took effect June 1, 1877. Lecs. 1-2 of original act repealed 1881, 102, ante p. 95.
clerk of the house of representatives, at the close of each session of the legislature shall deliver to the secretary of state all books, bills, documents, and papers in the possession of either branch of the legislature, correctly labeled, folded, and classified, according to the subject matter of such documents, respectively; and the secretary of state is hereby required to preserve the same in his office. [Id. §4.] SEC. 3. [Fees of office.]-There shall be paid to the secretary of state the following fees: For a certificate without seal, fifty cents. For each commission to any officer or other person, except military commissions, one dollar. For copies of exemplification of records, with seal, for each one hundred words, ten (10) cents. For copies of bills or other papers, with certificate under seal, for each one hundred words, ten cents. For receiving and filing articles of association, corporations or consolidations, bonds, oath of office, each, one dollar. For recording the same, for each one hundred words, ten cents. For issuing each license, one dollar. For taking acknowledgment of a deed, mortgage, power of attorney or other writing with certificate under seal, fifty cents. For administering oath to an affiant, fifty cents. [Id. § 5.]
SEC. 4. [General duties.-It shall be the duty of the secretary of state, 1st. To countersign and affix the seal of state to all commissions required by law to be issued by the governor. 2nd. To keep a register of all such commissions, specifying the person to whom granted, the office conferred, the date of signing the commission, and when bond is taken, the date and amount thereof, and the names of the sureties. 3rd. To make and keep proper indexes to the records and all public acts, resolutions, papers, and documents in his office. 4th. To give any person requiring the same, and paying the lawful fees therefor a copy of any laws, act, resolution, record or paper in his office, and attach thereto his certificate under the seal of the state. 5th. To take charge at the close of each session of the legislature of all tables, chairs, desks, and other furniture of the two houses thereof, and not permit the same to be wasted or used for other than public purposes during the recess of the legislature. 6th. To take charge of and keep in repair and replenish the furniture of the state house, except as otherwise provided. 7th. To furnish the legislature and the officers thereof, all necessary fuel and stationery when so directed by resolution of the legislature, or either branch thereof. 8th. To print and supervise the distribution of the laws and journals, and keep an account thereof. 9th. To make out and present to the governor, at least ten days before each regular session of the legislature, a report showing the amount of all fees received by him and paid over to the treasurer, the expenditures of his office, the contracts let by the state for fuel, stationery and printing, and for copying, printing, binding and distributing the laws and journals, and for all other printing ordered by the legislature, and stating particularly the manner in which the same have been fulfilled and such general accounts of the business of his office as may be necessary for the information of the legislature. 10th. In the publication of the laws of this state, or the resolution or journals of the legislature, the secretary of state shall cause to be published in each volume a general certificate to the effect that the same as contained in such volume are true copies of the laws and resolutions of the legislature, as the case may be, on file in his office. 11th. Whenever any bill which shall have passed both houses of the legislature shall be returned by the governor with his objections thereto, and upon a reconsideration shall pass both houses by the constitutional majority, it shall be authenticated as having become a law by a certificate thereon to the following effect, viz: This bill having been returned by the governor, with his objections thereto, and after reconsideration, having passed both houses by the constitutional majority, it has become a law this day of A. D., which being signed by the president of the senate and speaker of the house of representatives, shall be deemed a sufficient authentication thereof, and the bill shall be deposited with the laws in the office of the secretary of state. 12th. Whenever any bill which shall have passed both houses of the legislature, and shall not be returned by the governor or filed with his objections in the office of the secretary of state, as
required by section fifteen (15) of article five (5), of the constitution, it shall be the duty of the secretary of state to authenticate the same by a certificate thereon to the following effect, as the case may be, viz.: This bill having remained with the governor five (5) days, Sundays excepted, the legislature being in session, the governor having failed to return this bill to the legislature during its session, and having failed to file it in my office with his objections within five (5) days after adjournment of the legislature, it has thereby become a law. Witness my hand, this- day of [Id. § 6.]
A. D. -.
SEC. 5. [Deputy.]-The secretary of state shall have power to appoint a deputy, and when so appointed, the deputy shall do and perform in case of the absence or disability of the secretary of state, all the duties herein authorized and required of the secretary of state, and the secretary of state shall be responsible for all the official acts of his deputy. [Id. § 7.]
SEC. 6. [Same Salary.]-Said deputy shall receive a salary of fifteen hundred (1,500) dollars per annum, to be paid by warrant of the auditor of public accounts on the treasurer, said warrant to be drawn monthly. [Id. § 8.]
SEC. 7. [Administer oaths-Acknowledgments.]-The secretary of the state shall have power to administer oaths and affirmation, acknowledgments, and proof of the execution of deeds, mortgages, power of attorney, and other instruments in writing, to be used or recorded in this state. He shall be allowed such fee as is provided for notary public in such cases made and provided. [Id. § 9.]
ARTICLE III.—AUDITOR OF PUBLIC ACCOUNTS.
SECTION 1. [Residence-Office.]-The auditor shall reside and keep his office at the seat of government. [R. S. § 1, 19. G. S. § 20, 1011.]
SEC. 2. [General accountant of state.]-The auditor is declared to be the general accountant of the state, and the keeper of all public account books, accounts, vouchers, documents, and all papers relating to the accounts and contracts of the state, and its revenue, debt, and fiscal affairs, not required by law to be placed in some other office, or kept by some other officer or person.
SEC. 3. [Report to governor.]-It shall be the duty of the auditor to digest, prepare and report to the governor of the state, at least twenty days before the commencement of each regular session of the legislative assembly: First. A full and detailed statement of the condition of the treasury, and the amount of the expenditures for the last fiscal year. Second. A full and detailed statement of the public debt, showing fully all liabilities and resources of the state. Third. Estimates of the revenue and expenditures for the next succeeding year. Fourth. Such plans as he may deem expedient for the support of public credit, for lessening the public expenses, for using the public money to the best advantage, for promoting frugality and economy in public offices, and generally for the better management and more perfect understanding of the fiscal affairs of the state, and for securing uniformity and efficiency in the levying and collection of taxes, and systematizing the work to be done by officers having duties to perform under the revenue law. Fifth. A tabular statement, showing separately the whole amount of each appropriation of money, made by law, the amount paid under the same, and the balance unexpended. Sixth. A tabular statement, showing separately the amount of money received into the state treasury, from all sources in the preceding fiscal year, the amount received from each county, and for what years paid, the amount of penalties and interest reported collected on delinquent taxes, and the balance due from each county on account of taxes for each year for which such balances may be due. Seventh. A tabular statement, showing the whole number of acres of land and value, total value of town lots, and the whole number and value of each item of taxable property returned by the several assessors or county clerks to the state board of equalization.
ART. III. Chap. IV, R. S. 19. G. S. 1011.
SEC. 4. [General duties.]-It shall be the duty of the auditor-First. To audit, adjust and settle all claims for services rendered, or expenditures made for the benefit of the state, provided such services are rendered or expenditures made by authority of law, except only such claims as may be expressly required by law to be audited and settled by other officers or persons. Second. To draw all warrants upon the treasury for money, except only in cases otherwise expressly provided for by law, and all warrants so drawn shall bear upon their face a reference to the law authorizing the drawing of the same, naming the fund out of which it shall be paid, and shall be countersigned by the state treasurer before it is delivered to the party in whose favor it is drawn. Third. To audit, settle, and adjust the accounts of all collectors of the state revenues, and other holders of public money who are required by law to pay the same into the state treasury. Fourth. Whenever it is ascertained that by mistake or otherwise, any county treasurer, or other person, has paid into the treasury any sum of money not due the state, the auditor shall, on the state treasurer's certificate that such sum has been paid to him, and that it was not due the state, refund to such county treasurer or other person the amount so paid, by drawing a warrant therefor upon the state treasury. Fifth. To keep an account between the state and the state treasurer, charging him with all amounts by him received, and giving him credit for all sums by him paid on account of indebtedness, redeemed or otherwise, in accordance with law. Sixth. To keep an account of all debts and credits between the state and the several states, and the United States, and with each county in the state. Seventh. To direct prosecutions in the name of the state for all official delinquencies, in relation to the assessment, collection, and payment of the revenue, against all persons who by any means become possessed of public money or property, due or belonging to the state, and fail to pay or deliver the same, and against all debtors of the state. Eighth. To procure from the proper officers an abstract and description of all lands within the state not yet procured, and annually hereafter, abstracts and descriptions of such lands as shall become taxable, the expense of all which shall be paid out of the state treasury, and which lists the auditor shall transmit to the clerks of the counties in which such lands may be situated. Ninth. To give information in writing to either house of the legislative assembly, whenever required, upon any subject relating to the fiscal affairs of the state, or in regard to any duty of his office. Tenth. To furnish offices for himself and the state treasurer, and all fuel, lights, books, blanks, forms, paper, and stationery required for the proper discharge of the duties of their offices, and also such books, blanks, etc., as may be necessary for the use of county clerks, treasurers, assessors, or other officers having duties to perform under the revenue law, which shall be sent, upon the requisition of the county commissioners, to the clerks of the proper counties, for distribution to the several officers; the expense of all which shall be paid out of the state treasury.
SEC. 5. [Settlements with county treasurers, etc.]-All county treasurers, or other persons who are by law required to make settlements or pay money into the state treasury at certain specified times, shall, on or before such date, exhibit their accounts and vouchers to the state auditor, who shall, as soon as practicable, examine, adjust, and settle such accounts, and report to the state treasurer the balance found due the state, and if any county treasurer, or other person so required by law to pay funds into the state treasury, shall fail to make the settlement herein required at the proper time, or to pay the amount so found due to the state treasurer, and produce his receipt to the auditor within ten days after the settlement above required, the delinquent shall forfeit to the state all collection fees and mileage allowed by law, and also a penalty of ten per cent. on the amount
SEC. 4. The auditor can only audit and adjust claims "provided for by law." An appeal may be taken from his decision and that of the secretary of state. 7 Neb. 105. Under the seventh subdivision of this section in connection with provisions of revenue law then in force, it was held, that a suit against a county treasurer for official delinquencies must be brought by the county clerk at the direction of the auditor. 9 Neb. 435. But see sec. 173, ante page 521.
SEC. 5. But see sections 162-168, ante page 519.
wrongfully withheld, and interest on the whole at the rate of fifteen per cent. per annum from the time the same should have been paid until actual payment, and the auditor shall charge such delinquent accordingly; and the whole amount of principal and forfeiture may be recovered by action on the official bond of the delinquent, or otherwise, according to law.
SEC. 6. [Claims against state.]-All persons having claims against the state shall exhibit the same, with the evidence in support thereof, to the auditor, to be audited. settled, and allowed within two years after such claims shall accrue; and in all suits brought in behalf of the state, no debt or claim shall be allowed against the state as a set-off, but such as has been exhibited to the auditor, and by him allowed or disallowed, except only in cases where it shall be proved to the satisfaction of the court that the defendant at the time of trial, is in possession of vouchers which he could not produce to the auditor, or that he was prevented from exhibiting the claim to the auditor, by absence from the state, sickness, or unavoidable accident; Provided, The auditor shall in no case audit a claim or setoff which is not provided by law.
SEC. 7. [Examination of witnesses.]-The auditor, whenever he may think it necessary to the proper settlement of any account, may examine the parties, witnesses, or others, on oath or affirmation, touching any matter material to be known in the settlement of such account.
SEC. 8. [Accounts, etc., preserved-Copies.]-All accounts, vouchers, and documents, settled or to be settled by the auditor, shall be preserved in his office; and copies thereof authenticated by his official seal, shall be given to any person interested therein who shall require the same, on the payment to the auditor of ten cents for every one hundred words in such copies.
SEC. 9. [Warrants, when drawn.]—In all cases of grants, salaries, pay and expenses, ascertained and allowed by law, found due to individuals from the state when audited, the auditor shall draw warrants upon the treasury for the amount; but in case of claims, the adjustment and payment of which are not provided for by law, no warrant shall be drawn by the auditor, or countersigned or paid by the state treasurer, but all such claims shall be reported to the next legislative assembly, with such recommendation as the auditor may deem just. SEC. 10. [Decision on claims referred to legislature.]-If any person interested shall be dissatisfied with the decision of the auditor on any claim, account, or credit, it shall be the duty of the auditor, at the request of said person, to refer the same, with the reason for his decision, to the legislative assembly.
SEC. 11. [Report of delinquent county treasurers.]-The auditor shall report to the legislative assembly, within ten days after the commencement of each regular session, a list of all county treasurers, and other persons holding the public money, whose accounts remain unsettled for six months after they should have been settled according to law, or remain unsettled at the close of the fiscal year, with the reason, if any, therefor.
SEC. 12. [Administer oaths, when.]-The auditor shall have power to administer all oaths or affirmations required by law, in matters pertaining to the duties of his office, and may do and perform all acts or duties authorized to 'be performed by notaries public, by the laws of the state, subject however to such restrictions as are provided by law for notaries.
SEC. 18. [Records-Inspection by legislature.]-All books, papers, letters, and transactions pertaining to the office of auditor, shall be open to the inspection of a committee of the legislative assembly, or either branch thereof, who shall examine and settle all the auditor's accounts.
SEC. 14. [Deputy.]-The auditor shall have power to appoint a deputy, who shall give a bond to the state of Nebraska, with good and sufficient security, in the same sum required of the auditor, which bond shall be approved by the governor, and deposited with the secretary of state, and when so appointed, the deputy may
SEC. 14. See sec. 19, chap. 10, ante