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ARTICLE [XIV.]—MISCELLANEOUS PROVISIONS.

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SECTION 1. [Oath of officers.]-Executive and judicial officers and members of the legislature, before they enter upon their official duties, shall take and subscribe the following oath or affirmation: "I do solemnly swear (or affirm) that I will support the constitution of the United States, and the constitution of the state of Nebraska, and will faithfully discharge the duties of cording to the best of my ability, and that at the election at which I was chosen to fill said office I have not improperly influenced in any way the vote of any elector, and have not accepted, nor will I accept or receive, directly or indirectly, any money or other valuable thing from any corporation, company or person, or any promise of office for any official act or influence (for any vote I may give or withhold on any bill, resolution or appropriation)." Any such officer or member of the legislature who shall refuse to take the oath herein prescribed, shall forfeit his office, and any person who shall be convicted of having sworn falsely to, or of violating his said oath, shall forfeit his office, and thereafter be disqualified from holding any office of profit or trust in this state, unless he shall have been restored to civil rights.

SEC. 2. [Who ineligible to office.]-Any person who is in default as collector and custodian of public money or property, shall not be eligible to any office of trust or profit under the constitution or laws of this state; nor shall any person convicted of felony be eligible to office unless he shall have been restored to civil rights.

SEC. 3. Drunkenness shall be cause of impeachment and removal from office.

ARTICLE [XV.]—AMENDMENTS.

SECTION 1. [How made.]-Either branch of the legislature may propose amendments to this constitution, and if the same be agreed to by three-fifths of the members elected to each house, such proposed amendments shall be entered on the journals, with the yeas and nays, and published once each week in at least one newspaper in each county, where a newspaper is published, for three months immediately preceding the next election of senators and representatives, at which election the same shall be submitted to the electors for approval or rejection, and if a majority of the electors voting at such election adopt such amendments, the same shall become a part of this constitution. When more than one amendment is submitted at the same election, they shall be so submitted as to enable the electors to vote on each amendment separately.

SEC. 2. [Convention to revise.]-When three-fifths of the members elected to each branch of the legislature deem it necessary to call a convention to revise, amend, or change this constitution, they shall recommend to the electors to vote at the next election of members of the legislature for or against a convention; and if a majority voting at said election vote for a convention, the legislature shall, at its next session, provide by law for calling the same. The convention shall consist of as many members as the house of representatives, who shall be chosen in the same manner, and shall meet within three months after their election, for the purpose aforesaid. No amendment or change of this constitution, agreed upon by such convention, shall take effect until the same has been submitted to the electors of the state, and adopted by a majority of those voting for and against the

same.

ARTICLE [XVI.—SCHEDULE.

SECTION 1. [Rights preserved.]-That no inconvenience may arise from the revisions and changes made in the constitution of this state, and to carry the same into effect, it is hereby ordained and declared that all laws in force at the time of the adoption of this constitution, not inconsistent therewith, and all rights,

ART. [XIV.] SEC. 1. See Chapter 3, post.

ART. [XVI. SEC. 1. 4 Neb. 539. 6 Id. 302.

actions, prosecutions, claims, and contracts of this state, individuals, or bodies corporate, shall continue to be as valid as if this constitution had not been adopted.

SEC. 2. All fines, taxes, penalties and forfeitures owing to the state of Nebraska, or to the people thereof, under the present constitution and laws, shall inure to the use of the people of the state of Nebraska under this constitution.

SEC. 3. Recognizances, bonds, obligations, and all other instruments entered into or executed upon the adoption of this constitution, to the people of the state of Nebraska, to the state of Nebraska, to any state or county officer, or public body, shall remain binding and valid, and rights and liabilities upon the same shall continue, and all crimes and misdemeanors shall be tried and punished as though no change had been made in the constitution of this state.

SEC. 4. (Jurisdiction of courts.]-All existing courts which are not in this constitution specifically enumerated, and concerning which no other provision is herein made, shall continue in existence, and exercise their present jurisdiction until otherwise provided by law.

SEC. 5. [Persons to continue in office.]—All persons now filling any office or appointment, shall continue in the exercise of the duties thereof, according to their respective commissions, elections, or appointments, unless by this constitution it is otherwise directed.

SEC. 6. The district attorneys now in office shall continue during their unexpired terms to hold and exercise the duties of their respective offices in the judicial districts herein created, in which they severally reside. In each of the remaining districts one such officer shall be elected at the first general election, and hold his office until the expiration of the terms of those now in office.

SEC. 7. This constitution shall be submitted to the people of the state of Nebraska, for adoption or rejection, at an election to be held on the second Tuesday of October, A. D. 1875, and there shall be separately submitted at the same time, for adoption or rejection, the independent article relating to "Seat of government," and the independent article "Allowing electors to express their preference for United States senator."

SEC. 8. [Election.]-At said election the qualified voters shall vote at the usual places of voting, and the said election shall be conducted and the returns thereof made according to the laws now in force regulating general elections, except as herein otherwise provided.

SEC. 9. The secretary of state shall, at least twenty days before said election, cause to be delivered to the county clerk of each county, blank pollbooks, tally lists, and forms of return, and twice as many of properly prepared printed ballots for the said election as there are voters in such county, the expense whereof shall be audited and paid as other public printing ordered by the secretary is by law required to be audited and paid; and the several county clerks shall, at least five days before said election, cause to be distributed to the judges of election, in each election precinct in their respective counties, said blank pollbooks, tally lists, forms of return, and tickets.

SEC. 10. [Forms of ballot.]-At the said election the ballots shall be of the following form:

For the new constitution.

Against the new constitution.

For the article relating to "Seat of government."

Against the article relating to "Seat of government."

For the article "Allowing electors to express their preference for United States senator."

Against the article "Allowing electors to express their preference for United States senator.'

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SEC. 11. [Returns of election.]-The returns of the whole vote cast, and of the votes for the adoption or rejection of this constitution, and for or against the articles respectively submitted shall be made by the several county clerks to the

SEC. 5. 7 Neb. 48.

secretary of state, within fourteen days after the election, and the returns of the said vote, shall, within three days thereafter, be examined and canvassed by the president of this convention, the secretary of state, and the governor, or any two of them, and proclamation shall be made forthwith by the governor, or the president of this convention, of the result of the canvass.

SEC. 12. [Result of canvass.]-If it shall appear that a majority of the votes polled are "for the new constitution," then so much of this new constitution as was not separately submitted to be voted on by articles shall be the supreme law of the state of Nebraska, on and after the first day of November, A. D. 1875. But if it shall appear that a majority of the votes polled were "against the new constitution," the whole thereof, including the articles separately submitted, shall be null and void. If the votes "for the new constitution" shall adopt the same, and it shall appear that a majority of the votes polled are for the article relating to "the seat of government," said article shall be a part of the constitution of this state. If the votes "for the new constitution" shall adopt the same and it shall appear that a majority of the votes polled are for the article "allowing electors to express their preference for United States senator," said article shall be a part of

the constitution of this state.

SEC. 13. [General election, when held.]-The general election of this state shall be held on the Tuesday succeeding the first Monday of November of each year, except the first general election, which shall be on the second Tuesday in October, 1875. All state, district, county, precinct, and township officers, by the constitution or laws made elective by the people, except school district officers, and municipal officers in cities, villages, and towns, shall be elected at a general election to be held as aforesaid. Judges of the supreme, district, and county courts, all elective county and precinct officers, and all other elective officers, the time for the election of whom is not herein otherwise provided for, and which are not included in the above exception, shall be elected at the first general election, and thereafter at the general election next preceding the time of the termination of their respective terms of office; Provided, That the office of no county commissioner shall be vacated hereby.

SEC. 14. The terms of office of all state and county officers, of judges of the supreme, district, and county courts, and regents of the university shall begin on the first Thursday after the first Tuesday in January next succeeding their election. The present state and county officers, members of the legislature, and regents of the university, shall continue in office until their successors shall be elected and qualified.

SEC. 15. The supreme, district and county courts, established by this constitution shall be the successors respectively of the supreme court, the district courts, and the probate courts, having jurisdiction under the existing constitution.

SEC. 16. The supreme, district and probate courts now in existence shall continue, and the judges thereof shall exercise the power and retain their present jurisdiction until the courts provided for by this constitution shall be organized.

SEC. 17. All cases, matters and proceedings, pending undetermined in the several courts, and all records, judgments, orders, and decrees remaining therein, are hereby transferred to and shall be proceeded and enforced in and by the successors thereof respectively.

SEC. 18. [Existing constitution.]-If this constitution be adopted, the existing constitution shall cease in all its provisions on the first day of November, A. D. 1875.

SEC. 19. The provisions of this constitution required to be executed prior to the adoption or rejection thereof, shall take effect and be in force immediately. SEO. 20. The legislature shall pass all laws necessary to carry into effect the provisions of this constitution.

SEC. 14. 7 Neb. 44, 49.

SEC. 15. 9 Neb. 157, 265.

SEC. 18. 7 Neb. 273.

SEC. 21. [Officers to take oath.]-On the taking effect of this constitution, all state officers hereby continued in office shall, before proceeding in the further discharge of their duties, take an oath or affirmation to support this constitution.

SEC. 22. The regents of the university shall be elected at the first general election under this constitution, and be classified by lot so that two shall hold their offices for the term of two years, two for the term of four years, and two for the term of six years.

SEC. 23. The present executive state officers shall continue in office until the executive state officers provided for in the constitution shall be elected and qualified.

SEC. 24. The returns of the whole vote cast for the judges of the supreme and district courts, district attorneys, and regents of the university, under the first general election, shall be made by the several county clerks to the secretary of state within fourteen days after the election; and the returns of the said votes shall within three days thereafter, be examined and canvassed by the governor, secretary of state, and the president of this convention, or any two of them, and certificates of the election shall forthwith be issued by the secretary of state to the persons found to be elected.

SEC. 25. [Salaries to be paid.]-The auditor shall draw the warrants of the state quarterly for the payment of the salaries of all officers under this constitution, whose compensation is not otherwise provided for, which shall be paid out of any funds not otherwise appropriated.

SEC. 26. [Terms of court.]-Until otherwise provided by law, the judges of the district courts shall fix the time of holding courts in their respective districts. SEC. 27. The members of the first legislature under this constitution shall be elected in the year 1876.

SEC. 28. [Enrollment of constitution.]-This constitution shall be enrolled and deposited in the office of the secretary of state, and printed copies thereof shall be prefixed to the books containing the laws of this state, and all future editions thereof.

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ALLOWING ELECTORS TO EXPRESS THEIR PREFERENCE FOR UNITED STATES SENATOR.

The legislature may provide that at the general election immediately preceding the expiration of the term of a United States senator from this state, the electors may, by ballot, express their preference for some person for the office of United States senator. The votes cast for such candidates shall be canvassed and returned in the same manner as for state officers.

SEAT OF GOVERNMENT.

The seat of government of the state shall not be removed or re-located without the assent of a majority of the electors of the state, voting thereupon at a general election or elections, under such rules and regulations as to the number of elections and manner of voting, and places to be voted for, as may be prescribed

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by law; Provided, The question of removal may be submitted at such other general elections as may be provided by law.

Done in convention at the capitol, in the city of Lincoln, on the twelfth day of June, in the year of our Lord, one thousand eight hundred and seventy-five, and of the independence of the United States of America, the ninety-ninth.

In witness whereof we have hereunto subscribed our names.

O. A. ABBOTT,

LUKE AGUR,

J. P. BECKER,

J. E. BOYD,

JOHN LEE WEBSTER, PRESIDENT.

CLINTON BRIGGS,

JEFFERSON H. BROADY,
CHARLES H. BROWN,
S. F. BURTCH,
S. H. CALHOUN,
E. C. CARNS,

T. S. CLARK,

S. H. COATES,
A. H. CONNER,
W. B. CUMMINS,
JAMES W. DAWES,

J. E. DOOM,
W. L. DUNLAP,
R. C. ELDRIDGE,
J. G. EWAN,

S. R. FOSS,

C. H. FRADY,

JOSEPH GARBER,
C. H. GERE,
HENRY GREBE,

EDWIN N. GRENELL,
GEORGE L. GRIFFING,
WILLIAM A. GWYER,
ANDREW HALLNER
J. D. HAMILTON,
JAMES HARPER,

ROBT. B. HARRINGTON,
J. B. HAWLEY,

M. L. HAYWARD,

D. P. HENRY,

ATTEST:

B. I. HINMAN,

M. R. HOPEWELL,
C. E. HUNTER,
A. G. KENDALL,

8. M. KIRKPATRICK,
JAMES LAIRD,

CHAS. F. MANDERSON,
FRANK MARTIN,
A. W. MATTHEWS,
SAMUEL MAXWELL,
JOHN MCPHERSON,
W. H. MUNGER,

J. H. PEERY,
C. W. PIERCE,

S. B. POUND,
ISAAC POWERS, JR.,
M. B. REES,

W. M. ROBERTSON,
JOSIAH ROGERS,
J. H. SAULS,
H. H. SHEDD,
GEO. S. SMITH,
W. H. STERNS,
R. F. STEVENSON,
JOHN J. THOMPSON,
L. B. THORNE,

JACOB VALLÉRY, SR.,
C. H. VAN WYCK,

CHARLES F. WALTHERS,

A. M. WALLING.

T. L. WARRINGTON,

A. J. WEAVER,

M. W. WILCOX,

J. F. ZEDIKER.

GUY A. BROWN, Secretary.

C. L. MATHER, Assistant Secretary.

NOTE. This constitution has been compared with enrolled copy. The original articles are not numbered, and the numbering of the articles as given here in [ ] is the same as appears in the various session laws published under the direction of the secretary of state, prior to 1881, and as cited by the supreme court in various decisions.

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