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Aliens.

Powers re

tained by people.

ror, or otherwise, shall not be denied. (5 Neb., 458; 6 Neb., 71; 12 Neb., 72.)

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 Neb., 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.

Division of

powers.

Legislative authority.

Census.

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. (6 Neb., 69; 7 Neb., 180; 15 Neb., 681.)

ARTICLE III-LEGISLATIVE.

SECTION 1. The legislative authority is vested in a senate and house of representatives. (7 Neb., 314; 15 Neb., 682.)

SEC. 2. The legislature shall provide by law for an enumeration of the inhabitants of the state in the year eighteen hundred and eightyfive, 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 legislature shall apportion the sena

ileges or immunities, shall be passed. (1 Neb., 381, 419, 462; 3 Neb., 383; 6 Neb., 33; 7 Neb., 179.)

power.

SEC. 17. The military shall be in strict sub- Military ordination to the civil power.

SEC. 18. No soldier shall, in time of peace, Militia. be quartered in any house without the consent of the owner; nor in time of war, except in the manner prescribed by law.

tion.

SEC. 19. The right of the people, peaceably, Right of petito assemble to consult for the common good, and to petition the government, or any department thereof, shall never be abridged.

for debt.

erty.

SEC. 20. No person shall be imprisoned for Imprisonment debt in any civil action on mesne or final process, unless in cases of fraud. (13 Neb., 194.) SEC. 21. The property of no person shall be Private prop taken or damaged for public use without just compensation therefor. (1 Neb., 30; 2 Neb., 399; 3 Neb., 241; 6 Neb., 71; 12 Neb., 166; 13 Neb., 319; 14 Neb., 554.)

elections.

SEC. 22. All elections shall be free; and there Freedom of 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 Writ of error. right in all cases of felony; and in capital cases shall operate as a supersedeas to stay the exeution of the sentence of death until the further order of the supreme court in the premises. (8 Neb., 24.)

cases.

SEC. 24. The right to be heard in all civil Rights in civil cases in the court of last resort, by appeal, er

Aliens.

Powers re

tained by people.

ror, or otherwise, shall not be denied. (5 Neb., 458; 6 Neb., 71; 12 Neb., 72.)

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 Neb., 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.

Division of

powers.

Legislative authority.

Census.

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. (6 Neb., 69; 7 Neb., 180; 15 Neb., 681.)

ARTICLE III-LEGISLATIVE.

SECTION 1. The legislative authority is vested in a senate and house of representatives. (7 Neb., 314; 15 Neb., 682.)

SEC. 2. The legislature shall provide by law for an enumeration of the inhabitants of the state in the year eighteen hundred and eightyfive, 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 legislature shall apportion the sena

tors and representatives according to the number of inhabitants, excluding Indians not taxed, and soldiers and officers of the United States army and navy.

members.

SEC. 3. The house of representatives shall Number of consist of eighty-four members, and the senate shall consist of thirty members, until the year eighteen hundred and eighty, after which time the number of members of each house shall be regulated by law; but the number of representatives shall never exceed one hundred, nor that of senators thirty-three. The sessions of the legislature shall be biennial, except as otherwise provided in this constitution. (See chapter "Apportionment," Comp. Stat. 1885.)

compensation.

SEC. 4. The terms of office of members of the Terms of office; legislature shall be two years, and they shall each receive for their services three dollars for each day's attendance during the session, and ten cents for every mile they shall travel in going to and returning from the place of meeting of the legislature on the most usual route; Proided however, That they shall not receive pay for more than forty days at one session; and neither members of the legislature nor employes shall receive any pay or perquisites other than their pay per diem and mileage. (14 Neb., 440.) SEC. 5. No person shall be eligible to the Who not elioffice of senator or member of the house of representatives, who shall not be an elector, and have resided within the district from which he is elected for the term of one year next before. his election, unless he shall have been absent on the public business of the United States, or

gible.

Same,

Sessions, when held; powers of each house.

of this state. And no person elected as aforesaid shall hold his office after he shall have removed from such district.

SEC. 6. No person holding office under the authority of the United States, or any lucrative office under the authority of this state, shall be eligible to or have a seat in the legislature; but this provision shall not extend to precinct or township officers, justices of the peace, notaries public, or officers of the militia; nor shall any person interested in a contract with, or an unadjusted claim against the state, hold a seat in the legislature.

SEC. 7. The session of the legislature shall commence at twelve o'clock (noon) on the first Tuesday in January, in the year next ensuing the election of members thereof, and at no other time, unless as provided by this constitution. A majority of the members elected to each house shall constitute a quorum. Each house shall determine the rules of its proceedings, and be the judge of the election returns, and qualifications of its members; shall choose its own officers; and the senate shall choose a temporary president to preside when the lieutenantgovernor shall not attend as president, or shall act as governor. The secretary of state shall call the house of representatives to order at the opening of each new legislature, and preside over it until a temporary presiding officer thereof shall have been chosen and shall have taken his seat. No member shall be expelled by either house, except by a vote of twothirds of all the members elected to that house,

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