igned and transferred to, and shall be vested in, and become the property the state of Montana.

SEC. 12. All obligations of the territory of Montana, existing, in force I unpaid at the time of the admission of the state into the union are hereby umed by the state, which shall and will well and truly pay the same. SEC. 13. All matters, cases and proceedings pending in any probate court the territory of Montana, at the time the state shall be admitted into the on, and all official records, files, moneys, and other property of, or pering to such court, are hereby transferred to the district court in and for same county, and such district court shall have full power and jurisdiction hear, determine and dispose of all such matters, cases and proceedings. SEC. 14. All actions, cases and proceedings, and matters which shall be ding in the supreme and district courts of Montana territory at the time the admission of the state into the union whereof the United States circuit district court might have had jurisdiction, had such court existed at the mencement of such actions, cases, proceedings and matters, respectively, l be transferred to said United States circuit and district courts respecely; and all the files, records, indictments and proceedings relating to such ions, cases, proceedings and matters shall be transferred to said United tes courts; Provided, That no civil action, cause or proceeding to which the ited States is not a party, shall be transferred to either of said United tes courts except upon written request of one of the parties thereto and in absence of such request, such case shall be proceeded with in the proper e courts.

SEC. 15. All actions, cases, proceedings and matters pending in the sume and district courts of the territory of Montana at the time the state l be admitted into the union, and all files, records and indictments relatthereto, except as otherwise provided herein, shall be appropriately transred, as may be proper to the supreme and district courts of the state, respecdy, and all such actions, cases and matters shall be proceeded with in the per state courts.

SEC. 16. Upon a change from a territorial to a state government, and until erwise provided by law, the great seal of the territory shall be deemed taken to be the great seal of the state of Montana.

SEC. 17. All territorial, county and township officers now occupying their pective positions under the laws of the territory of Montana, or of the ted States of America, shall continue and remain in their respective official itions and perform the duties thereof as now provided by law after the e is admitted into the union, and shall be considered state officers until their ressors in office shall be duly elected and qualified, as provided by ordinance, withstanding any inconsistent provisions in this constitution, and shall be tled to the same compensation for their services as is now established by ; Provided, That the compensation for justices of the supreme court, govor and secretary of the territory shall be paid by the state of Montana. Done in open convention at the city of Helena, in the territory of Mon1, this seventeenth day of August, in the year of our Lord one thousand it bundred and eighty-nine.

WILLIAM A. CLARK, President.

CONSTITUTION OF NEBRASKA-183

We, the people, grateful to Almighty God for our freedom. establish the following declaration of rights and frame of g constitution of the State of Nebraska.

ARTICLE I.

BILL OF RIGHTS.

SECTION 1. All persons are by nature free and independent za tain inherent and inalienable rights; among these are life, liber d suit of happiness. To secure these rights, and the protection « je ernments are instituted among people, deriving their just powers f seut of the governed.

SEC. 2. There shall be neither slavery nor involuntary state, otherwise than for punishment of crime, whereof the party shal L duly convicted.

SEC. 3. No person shall be deprived of life, liberty, or pre due process of law,

SEC. 4. All persons have a natural and indefeasible right to mighty God according to the dictates of their own consciences. be compelled to attend, erect or support any place of worship ag sent, and no preference shall be given by law to any religious socient, 1 any interference with the rights of conscience be permitted. No rez shall be required as a qualification for office, nor shall any perse petent to be a witness on account of his religious belief; but D shall be construed to dispense with oaths and affirmations. Religie and knowledge, however, being essential to good government, it sh duty of the legislature to pass suitable laws to protect every religions ation in the peaceable enjoyment of its own mode of public wors encourage schools and the means of instruction.

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

SEC. 6. The right of trial by jury shall remain inviolate, but lature may authorize trial by a jury of a less number than twelve courts inferior to the district court.

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

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

SEC. 9. All persons shall be bailable by sufficient sureties, except for trå and murder, where the proof is evident or the presumption great. Exe bail shall not be required, nor excessive fines imposed, nor cruel and uze punishment inflicted.

SEC. 10. No person shall be held to answer for a criminal offense, ex in cases in which the punishment is by fine, or imprisonment otherwise d The convention which framed the constitution of Nebraska assembled at L on May 11 and adjourned on June 12, 1875. The constitution as a whole, the pro tion of allowing electors to express their preference for United States senators, and question of the location of the seat of government were submitted to the electors October 12, 1875, and were ratified by the voters, the constitution as a whole by a w of 30,332 to 5,474. The constitution became effective on November 1, 1875.

nitentiary in case of impeachment, and in cases arising in the army and in the militia when in actual service in time of war or public danger, 1 a presentment or indictment of a grand jury; Provided, that the e may by law provide for holding persons to answer for criminal of information of a public prosecutor; and may by law, abolish, limit, mend or otherwise regulate the grand jury system.

L

11. In all criminal prosecutions the accused shall have the right to nd defend in person or by counsel, to demand the nature and cause of 12, and to have a copy thereof; to meet the witnesses against him face to have process to compel the attendance of witnesses in his behalf; eedy public trial by an impartial jury of the county or district in which se is alleged to have been committed.

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

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

14. Treason against the state shall consist only in levying war against e, or in adhering to its enemies, giving them aid and comfort. No per1 be convicted of treason unless on the testimony of two witnesses to e overt act, or on confession in open court.

15. All penalties shall be proportioned to the nature of the offense, conviction shall work corruption of blood or forfeiture of estate; nor y person be transported out of the state for any offense committed he state.

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

. 17. The military shall be in strict subordination to the civil power. . 18. No soldier shall in time of peace be quartered in any house withconsent of the owner; nor in time of war except in the manner preby law.

c. 19. The right of the people peaceably to assemble to consult for the a good, and to petition the government, or any department thereof, shall be abridged.

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

c. 21. The property of no person shall be taken or damaged for public thout just compensation therefor.

c. 22. All elections shall be free; and there shall be no hindrance or ment to the right of a qualified voter to exercise the elective franchise. c. 23. The writ of error shall be a writ of right in all cases of felony; capital cases shall operate as a supersedeas to stay the execution of the ce of death, until the further order of the supreme court in the prem

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

FC. 25.

No distinction shall ever be made by law between resident aliens tizens in reference to the possession, enjoyment or descent of property. c. 26. This enumeration of rights shall not be construed to impair or others, retained by the people, and all powers not herein delegated, remain the people.

ARTICLE II.

DISTRIBUTION OF POWERS.

SECTION 1. The powers of the government of this state are divided into distinct departments, the legislative, executive and judicial, and no peror collection of persons being one of these departments, shall exercise any er properly belonging to either of the others, except, as hereinafter expressly ted or permitted.

ARTICLE III.

LEGISLATIVE,

SECTION 1. The legislative authority of the state shall be vested in a legis lature consisting of a senate and house of representatives, but the people re serve to themselves power to propose laws, and amendments to the constitution and to enact or reject the same at the polls independent of the legislature, an also reserve power at their own option to approve or reject at the polls an act, item, section, or part of any act passed by the legislature. 1

Te

SEC. 1A. The first power reserved by the people is the initiative. per cent of the legal voters of the state, so distributed as to include five pe cent of the legal voters in each of two-fifths of the counties of the state, propose any measure by petition, which shall contain the full text of the mea ure so proposed. Provided, that proposed Constitutional Amendments shall quire a petition of fifteen per cent of the legal voters of the state distribute as above provided. Initiative petitions (except for municipal and wholly lo legislation) shall be filed with the Secretary of State and be by him submitt to the voters at the first regular state election held not less than four mont after such filing. The same measure, either in form or in essential substan shall not be submitted to the people by initiative petition (either affirmative or negatively) oftener than once in three years. If conflicting measures mitted to the people at the same election shall be approved the one receivi the highest number of affirmative votes shall thereby become law as to all flicting provisions. The Constitutional limitations as to scope and subject = ter of statutes enacted by the legislature shall apply to those enacted by initiative.

SEC. 1B. The second power reserved is the referendum. It may be order by a petition of ten per cent of the legal voters of the state, distributed required for initiative petitions. Referendum petitions against measures pass by the legislature shall be filed with the Secretary of State within ninety di after the legislature enacting the same adjourns sine die or for a period long than ninety days; and elections thereon shall be had at the first regular sti election held not less than thirty days after such filing.

SEC. 1C. The referendum may be ordered upon any act except acts ma ing appropriations for the expenses of the state government, and state in tutions existing at the time such act is passed. When the referendum is dered upon an act or any part thereof it shall suspend its operation until same is approved by the voters, provided, that emergency acts, or acts for immediate preservation of the public peace, health, or safety shall continue effect until rejected by the voters or repealed by the legislature. Filing of referendum petition against one or more items, sections, or parts of an act sh not delay the remainder of the measure from becoming operative.

SEC. 1D. Nothing in this section shall be construed to deprive any memb of the legislature of the right to introduce any measure. The whole numb of votes cast for governor at the regular election last preceding the filing any initiative or referendum petition shall be the basis on which the number legal voters required to sign such petition shall be computed. The veto pow of the governor shall not extend to measures initiated by or referred to th people. All such measures shall become the law or a part of the constitutio when approved by a majority of the votes cast thereon, provided, the votes cas in favor of said initiative measure or part of said Constitution shall constitut thirty-five per cent (35%) of the total vote cast at said election, and not other wise, and shall take effect upon proclamation by the governor, which shall made within ten days of the completion of the official canvass. The vote upi initiative and referendum measures shall be returned and canvassed in th same manner as is prescribed in the case of presidential electors. The meth of submitting and adopting amendments to the constitution provided by th section shall be supplementary to the method prescribed in the article of th

1 Amendment proposed by the legislature of 1911 and ratified at the election et November 5, 1912.

nstitution, entitled 'Amendments' and the latter shall in no case be construed conflict herewith. This amendment shall be self-executing, but legislation, y be enacted especially to facilitate its operation. In submitting petitions d orders for the initiative and the referendum, the Secretary of State and other officers shall be guided by this amendment and the general laws until ditional legislation shall be especially provided therefor; all propositions subtted in pursuance hereof shall be submitted in a non-partisan manner and thout any indication or suggestion on the ballot that they have been ap oved or endorsed by any political party or organization, and provided further at only the title of measures shall be printed on the ballot and, when two more measures have the same title they shall be numbered consecutively in · order of filing with the Secretary of State and including the name of the st petitioner.2

SEC. 2. The Legislature shall provide by law for an enumeration of the abitants of the state in the year eighteen hundred and eighty-five and every years thereafter, and at its first regular session after each enumeration, i also after each enumeration made by the authority of the United States, tat no other time, the Legislature shall apportion the senators and repretatives according to the number of inhabitants, excluding Indians not taxed, 1 Soldiers and Officers of the United States army and navy.

SEC. 3. The House of Representatives shall consist of eighty-four mems and the senate shall consist of thirty members, until the year eighteen ndred and eighty after which time the number of members of each House all be regulated by law; But the number of Representatives shall never teed one hundred, nor that of Senators, thirty-three. The sessions of the islature shall be biennial, except as otherwise provided in this constitution. SEC. 4. At the first election of members of the legislature held after the option of this amendment members of the senate and House of Representaes, shall be elected for the term of two years. Both senators and represenives shall each receive pay at the rate of six hundred dollars for each regular sion of the Legislature, during their term, and ten cents for every mile they all travel in going to and returning from the place of meeting of the legislae, on the most usual route. That neither members of the legislature nor ployes shall receive any pay or perquisites other than their salary and milee. Each session, except special session, shall not be less than sixty days. ter the expiration of twenty days of the session, no bills nor joint resolutions the nature of bills shall be introduced, unless the governor shall by special ssage call the attention of the legislature to the necessity of passing a law the subject-matter embraced in the message, and the introduction of bills all be restricted thereto. Provided, that the general appropriation bills may introduced up to and including the fortieth day.3

SEC. 5. No person shall be eligible to the office of Senator, or member of House of Representatives, who shall not be an elector and have resided thin the district from which he is elected for the term of one year next fore his election, unless he shall have been absent on the public business of e United States or of this state. And no person elected as aforesaid shall ld his office after he shall have removed from such district.

SEC. 6. No person holding office under the authority of the United States, any lucrative office under the authority of this state, shall be eligible to, or ve a seat in the Legislature, but this provision shall not extend to precinct township officers, Justices of the Peace, Notaries Public, or officers of the ilitia, nor shall any person interested in a contract with, or an unadjusted aim, against the State hold a seat in the Legislature.

SEC. 7. The session of the Legislature shall commence at 12 o'clock, (noon) the first Tuesday in January in the year next ensuing the election of memers thereof, and at no other time, unless as provided by this constitution. A

2 Sections 1A, 1B, 1C and 1D are new sections; they were proposed by the legisture of 1911 and ratified at the election of November 5, 1912.

Section 4 has been amended twice; the first amendment was proposed by the gislature of 1885 and ratified on November 2, 1886; the present amendment was proosed by the legislature of 1911 and ratified at the election of November 5, 1912.