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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. 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.
PROPOSITIONS SEPARATELY SUBMITTED.*
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
SEC. 23. 4 Neb, 219. 9 Id. 467.
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.
JOHN LEE WEBSTER, PRESIDENT.
B. I. HINMAN,
M. R. HOPEWELL, ,
C. E. HUNTER,
A. G. KENDALL,
8. M. KIRKPATRICK,
CHAS. F. MANDERSON,
A. W. MATTHEWS,
W. H. MUNGER,
J. H. PEERY,
C. W. PIERCE,
S. B. POUND,
ISAAC POWERS, JR.,
M. B. REES,
W. M. ROBERTSON,
J. H. SAULS,
H. H. SHEDD,
GEO. S. SMITH,
W. H. STERNS,
R. F. STEVENSON,
JOHN J. THOMPSON,
L. B. THORNE,
JACOB VALLERY, SR.,
CHARLES F. WALTHERS,
A. M. WALLING,
T. L. WARRINGTON,
A. J. WEAVER,
M. W. WILCOX,
J. F. ZEDIKER.
GUY A. BROWN, Secretary.
NOTE.—This constitution has been compared with enrolled copy. The original articles are not numbered, and the numbering of the articles &s 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 docisions.
THE GENERAL STATUTES
STATE OF NEBRASKA.
CHAPTER 1.-ADMISSION OF THE STATE. Whereas, The congress of the United States did, on the ninth day of February, A. D. 1867, pass an act, in the following words, to wit:
"An act for the admission of the state of Nebraska into the Union.
Whereas, On the twenty-first day of March, A. D. 1864, congress passed an act to enable the people of Nebraska to form a constitution and state government, and offered to admit said state, when so formed, into the Union, upon compliance with certain conditions therein specified ; and, whereas, it appears that the said people have adopted a constitution, which upon due examination, is found to conform to the provisions, and comply with the conditions of said act, and to be republican in its form of government, and that they now ask for admission into the Union : Therefore,
Be it enacted by the Senate and House of Representatives of the United States of America, in Congress Assembled, That the constitution and state government which the people of Nebraska have formed for themselves be, and the same is hereby, accepted, ratified and confirmed, and that the said state of Nebraska shall be, and is hereby, declared to be one of the United States of America, and is hereby admitted into the Union upon an equal footing with the original states, in all respects whatsoever.
Sec. 2. And be it further enacted, That the said state of Nebraska, shall be, and is hereby, declared to be entitled to all the rights, privileges, grants and immunities, and to be subject to all the conditions and restrictions of an act entitled “An act to enable the people of Nebraska to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states." Approved, April 19th, 1864.
SEC. 3. And be it further enacted, That this act shall not take effect except upon the fundamental condition, that within the state of Nebraska, there shall be no denial of the elective franchise, or of any other right, to any person, by reason of race or color, excepting Indians not taxed; and upon the further fundamental condition, that the legislature of said state, by a solemn public act, shall declare the assent of said state to the said fundamental condition, and shall transmit to the president of the United States, an authentic copy of said act; upon receipt whereof the president, by proclamation, shall forthwith announce the fact, whereupon, said fundamental condition shall be held as a part of the organic law of the state, and thereupon, and without any further proceedings on the part of congress,
NOTE.-Being "An Act declaring the assent of the state of Nebraska to an act of the congress of the United States, entitled, "An Act for the admission of Nebraska into the Union," passed February 9, A.D. 1867." Laws 1867, 28. G. 8. 71. The fundamental conditions imposed by congress and assented to by this act are a part of the constitution, and binding as such, although not subunitted to a vote of the people. 2 Neb. 199. Since the admission of the state into the Union, the federal courts have no jurisdiction of the crime of larceny committed
on an Indian reservation. 4 Neb.128.