CONSTITUTION: NEBRASKA-1866-1867

SEC. 18. The writ of error shall be a writ of right in all capital cases, and shall operate as a supersedeas to stay the execution of the sentence of death until the further order of the supreme court in the premises.

SEC. 19. The blessings of a free government can only be maintained by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental principles.

SEC. 20. This enumeration of rights shall not be construed to impair or deny others retained by the people, and all powers not here delegated remain with the people.

ARTICLE II

LEGISLATIVE

SECTION 1. The legislative authority of this State shall be vested in a general assembly, which shall consist of a senate and house of representatives; and the style of every law shall be, "Be it enacted by the legislature of the State of Nebraska."

SEC. 2. Every male person, of the age of twenty-one years or upwards, belonging to either of the following classes, who shall have resided in the State, county, precinct, and ward for the time provided by law, shall be an elector: First. White citizens of the United States.

Second. White persons of foreign birth who shall have declared their intention to become citizens conformable to the laws of the United States on the subject of naturalization.

SEC. 3. The legislature shall provide by law for an enumeration of the inhabitants of the State in the year one thousand eight hundred and seventy-five, and at the end of every ten years thereafter; and at their first session after such enumeration, and also after each enumeration made by the authority of the United States, the legislature shall apportion and district anew the members of the senate and house of representatives, according to the number of inhabitants, excluding Indians not taxed, and soldiers and officers of the United States Army and Navy.

SEC. 4. Senators and representatives shall be elected biennially, by the electors in the respective counties or districts, on the second Tuesday of October. Their term of office shall commence on the first day of January next thereafter, and continue two years, except the Senators and representatives to the first legislature under this constitution, whose election and term of office shall be as hereinafter provided.

SEC. 5. The Senators and representatives shall be chosen by districts of convenient contiguous territory, as compact as may be, to be defined by law, except as to the first election which is hereinafter provided for.

SEC. 6. Every white male citizen who shall be a qualified elector in the district which he may be chosen to represent shall be eligible to a seat in the legislature.

SEC. 7. Each house shall be the judge of the election and qualifications of its own members; and a majority of each shall constitute a quorum to do business, but a smaller number may adjourn from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may provide.

SEC. 8. The senate shall consist of thirteen members, and the house of representatives shall consist of thirty-nine members, and shall not be increased for the term of ten years after the adoption of this constitution: Provided, That after the expiration of said ten years, the legislature shall have power to increase the number of senators and representatives, so as to correspond with the increase of the population of the State: Provided, Such number shall at no time be more than twenty-five in the senate and seventy-five in the house of representatives. SEC. 9. The mode of organizing the house of representatives at the commencement of each regular session shall be prescribed by law.

SEC. 10. Each house shall choose its own officers, may determine its own rule of proceedings, punish its members for disorderly conduct, and, with the concurrence of two-thirds, expel a member, but not the second time for the same cause, and shall have all other powers necessary to provide for its safety and the undisturbed transaction of its business.

SEC. 11. Each house shall keep a correct journal of its proceedings, which shall be published. At the desire of any three members in the senate, or any five

members in the house, the yeas and nays shall be entered upon the journal, a. i on the passage of every bill, in either house, the vote shall be taken by reas at ! nays, and entered upon the journal; and no law shall be passed in either he without the concurrence of a majority of all the members elected thereto.

SEC. 12. The first session of the legislature under this constitution shall be hel? on the fourth day of July, one thousand eight hundred and sixty-six; and at regular sessions thereafter shall commence on the first Thursday after the Sht Monday in January, biennially. But the legislature may on extraordinary (casions be convened by proclamation of the governor, and when so contene shall transact no business except such as relates to the objects for which they were so convened, to be stated in the proclamation of the governor.

SEC. 13. No member of the legislature shall, during the term for which he was elected, be appointed or elected to any civil office in the State which shall bate been created, or the emoluments of which shall have been increased, during titerm for which he was elected.

SEC. 14. No person being a member of Congress, or holding any military er civil office under the United States, shall be eligible to a seat in the legisla' it and if any person shall, after his election as a member of the legislature. elected to Congress, or be appointed to any office, civil or military, under " Government of the United States, his acceptance thereof shall vacate his wat SEC. 15. The governor shall issue writs of election to fill such vacancies as tuot occur in either house of the legislature.

SEC. 16. Members of the legislature shall in all cases, except treason. felay or breach of the peace, be privileged from arrest, nor shall they be subject t any civil process, during the session of the legislature, nor for fifteen days. L-A before the commencement and after the termination of each session.

SEC. 17. No member of the legislature shall be liable in any civil action or criminal prosecution whatever for words spoken in debate.

SEC. 18. Bills may originate in either house; but may be altered, amended, or rejected in the other.

* by the legislature: Provided, Wherever the word "Territory" shall ocent it shall be construed to mean State, whenever it may be necessary, in order that such laws may conform to the State government.

SEC. 2. All debts, fines, penalties, recognizances, and forfeitures due and owing to the Territory of Nebraska shall inure to the benefit of the State, and a.. obligations and bonds to the Territory of Nebraska or any office thereof shall be esteemed and taken as due and owing to the State of Nebraska, and may be in such manner enforced.

SEC. 3. The governor and all other officers of the territorial government sha‍ continue to discharge and exercise the duties of their respective offices, unti superseded by the provisions of this constitution or the officers appointed or elected by authority of its provisions.

SEC. 4. The first elections for governor, secretary of state, auditor of state, one Representative to Congress, the justices of the supreme court, the members of the senate and house of representatives, shall be held on the second day of June, one thousand eight hundred and sixty-six, at the places and in the manner now prescribed by law for general elections. The members of the senate shall be elected in and from the same districts that are now prescribed by law for councilmer districts. The members of the houses of representatives shall be elected in and from the same districts that are now prescribed by law for members to the house of representatives of the Territory of Nebraska, and all the officers mentioned, to wit: Senators and representatives shall hold their offices until the first Monday in January, A.D. 1867; governor, secretary of state, State anditor and treasurer, until the second Monday in January, A.D. 1869, and until their snecessors are elected and qualified; the supreme judges until the first day of Jaruary, A.D. 1873.

CONSTITUTION: NEVADA-1864

SEC. 3. The members of the Assembly shall be chosen biennially by the qualified electors of their respective districts, on the Tuesday next after the first Monday in November, and their term of office shall be two years from the day next after their election.

SEC. 4. Senators shall be chosen at the same time and places as members of the Assembly, by the qualified electors of their respective districts, and their term of office shall be four years from the day next after their election.

SEC. 5. Senators and members of the Assembly shall be duly qualified electors in the respective counties and districts which they represent, and the number of Senators shall not be less than one-third nor more than one-half of that of the members of the Assembly.

SEC. 6. Each house shall judge of the qualifications, elections, and returns of its own members, choose its own officers (except the President of the Senate), determine the rules of its proceedings, and may punish its members for disorderly conduct, and with the concurrence of two-thirds of all the members elected, expel a member.

SEC. 7. Either house, during the session, may punish, by imprisonment, any person, not a member, who shall have been guilty of disrespect to the house by disorderly or contemptuous behavior in its presence; but such imprisonment shall not extend beyond the final adjournment of the session.

SEC. 8. No Senator or member of Assembly shall, during the term for which he shall have been elected, nor for one year thereafter, be appointed to any civil office of profit under this State which shall have been created, or the emoluments of which shall have been increased, during such term, except such office as may be filled by elections by the people.

SEC. 9. No person holding any lucrative office under the Government of the United States, or any other power, shall be eligible to any civil office of profit under this State; provided, that Postmasters whose compensation does not exceed five hundred dollars per annum, or Commissioners of Deeds, shall not be deemed as holding a lucrative office.

SEC. 10. Any person who shall be convicted of the embezzlement or defalcation of the public funds of this State, or who may be convicted of having given or offered a bribe to procure his election or appointment to office, or received a bribe to aid in the procurement of office for any other person, shall be disqualified from holding any office of profit or trust in this State. And the Legislature shall, as soon as practicable, provide by law for the punishment of such defalcation, bribery, or embezzlement as a felony.

SEC. 11. Members of the Legislature shall be privileged from arrest on civil process during the session of the Legislature, and for fifteen days next before the commencement of each session.

SEC. 12. When vacancies occur in either house, the Governor shall issue writs of election to fill such vacancy.

SEC. 13. A majority of all the members elected to each house shall constitute a quorum to transact business, but a smaller number may adjourn, from day to day, and may compel the attendance of absent members in such manner and under such penalties as each house may prescribe.

SEC. 14. Each house shall keep a Journal of its own proceedings, which shall be published, and the yeas and nays of the members of * * *

continuance in office. And further, that I will well and faithfully perform all the duties of the office of -, on which I am about to enter; (if an oath) so help me God; (if an affirmation) under the pains and penalties of perjury." SEC. 3. No person shall be eligible to any office who is not a qualified elector under this Constitution. No person who, while a citizen of this State, has, since the adoption of this Constitution, fought a duel with a deadly weapon, sent or accepted a challenge to fight a duel with a deadly weapon, either within or beyond the boundaries of this State, or who has acted as second, or knowingly conveyed a challenge, or aided or assisted in any manner in fighting a duel, shall be allowed to hold any office of honor, profit or trust, or enjoy the right of suffrage under this Constitution. The Legislature shall provide by law for giving force and effect to the foregoing provisions of this section; provided, that females over the age of twenty-one years, who have resided in this State one year, and in the county or district six months next preceding any election to fill either of said offices, shall be eligible to the offices of Superintendent of Public Schools and School Trustee. [As amended. Proposed and passed at the Thirteenth Session of the Legislature, March 3. 1887. Statutes of 1887, page 162: agreed to and passed at the Fourteenth Session of the Legislature, January 17, 1889, Statutes of 1889, page 151, and approved and ratified by the people at a special election held February 11, 1889.]

SEC. 4. No perpetuities shall be allowed except for eleemosynary purposes.

SEC. 5. The general election shall be held on the Tuesday next after the first Monday of November.

SEC. 6. The aggregate number of members of both branches of the Legislature shall never exceed seventy-five.

SEC. 7. All county officers shall hold their offices at the county seat of their respective counties.

SEC. 8. The Legislature shall provide for the speedy publication of all statute laws of a general nature, and such decisions of the Supreme Court as it may deem expedient; and all laws and judicial decisions shall be free for publication by any person; provided, that no judgment of the Supreme Court shall take effect and be operative until the opinion of the Court in such case shall be filed with the Clerk of said Court.

SEC. 9. The Legislature may, at any time, provide by law for increasing or diminishing the salaries or compensation of any of the officers whose salaries or compensation is fixed in this Constitution; provided, no such change of salary or compensation shall apply to any officer during the term for which he may have been elected.

SEC. 10. All officers whose election or appointment is not otherwise provided for shall be chosen or appointed as may be prescribed by law.

SEC. 11. The tenure of any office not herein provided for may be declared by law, or, when not so declared, such office shall be held during the pleasure of the authority making the appointment; but the Legislature shall not create ary office. the tenure of which shall be longer than four years, except as herein otherwise provided in this Constitution.

SEC. 12. The Governor, Secretary of State, State Treasurer. State Controller. and Clerk of the Supreme Court shall keep their respective offices at the seat of government.

SEC. 13. The enumeration of the inhabitants of this State shall be taken, under the direction of the Legislature, if deemed necessary, in A.D. eighteen hundred and sixty-five, A.D. eighteen hundred and sixty-seven, A.D. eighteen hundred and seventy-five, and every ten years thereafter; and these enumerations, together with the census that may be taken under the direction of the Congress of the United States in A.D. eighteen hundred and seventy, and every subsequent ten years, shall serve as the basis of representation in both houses of the Legislature. SEC. 14. A plurality of votes given at an election by the people shall constitute a choice, where not otherwise provided by this Constitution.

ARTICLE XVI

AMENDMENTS

SECTION 1. Any amendment or amendments to this Constitution may be proposed in the Senate or Assembly; and if the same shall be agreed to by a majority of all the members elected to each of the two houses, such proposed amendment or amendments shall be entered on their respective Journals, with the yeas and nays taken thereon, and referred to the Legislature then next to be chosen, and shall be published for three months next preceding the time of making such choice. And if, in the Legislature next chosen as aforesaid, such proposed amendment or amendments shall be agreed to by a majority of all the members elected to each house, then it shall be the duty of the Legislature to submit such proposed amendment or amendments to the people in such manner and at such times as the Legislature shall prescribe; and if the people shall approve and ratify such amendment or amendments by a majority of the electors qualified to vote for members of the Legislature voting thereon, such amendment or amendments shall become a part of the Constitution.

SEC. 2. If at any time the Legislature, by a vote of two-thirds of the members elected to each house, shall determine that it is necessary to cause a revision of this entire Constitution, they shall recommend to the electors, at the next election for members of the Legislature, to vote for or against a convention, and if it shall appear that a majority of the electors voting at such election shall have voted in favor of calling a convention, the Legislature shall, at its next session, provide by law for calling a convention to be holden within six months after the passage of such law; and such convention shall consist of a number of members not less than that of both branches of the Legislature. In determining what is a majority of the electors voting at such election, reference shall be had to the highest number of votes cast at such election for the candidates for any office or on any question.

ARTICLE XVII

SCHEDULE

SECTION 1. That no inconvenience may arise by reason of a change from a Territorial to a permanent State Government, it is declared that all rights, actions, prosecutions, judgments, claims and contracts, *

* thousand six hundred dollars per annum; the salary of the State Controller shall be three thousand six hundred dollars per annum; the salary of the State Treasurer shall be three thousand six hundred dollars per annum; the salary of the Surveyor-General shall be one thousand dollars per annum; the salary of the Attorney-General shall be two thousand five hundred dollars per annum; the salary of the Superintendent of Public Instruction shall be two thousand dollars per annum; the salary of each Judge of the Supreme Court shall be seven thousand dollars per annum. The salaries of the foregoing officers shall be paid quarterly, out of the State Treasury. The pay of State Senators and members of Assembly shall be eight dollars per day, for each day of actual service, and forty cents per mile for mileage going to and returning from the place of meeting. No officer mentioned in this section shall receive any fee or perquisites to his own use for the performance of any duty connected with his office, or for the performance of any additional duty imposed upon him by law.

SEC. 6. Until otherwise provided by law, the apportionment of Senators and Assembly men in the different counties shall be as follows, to wit: Storey county, four Senators and twelve Assemblymen; Douglas county, one Senator and two Assemblymen; Esmeralda county, two Senators and four Assemblymen; Humboldt county, two Senators and three Assemblymen; Lander county, two Senators and four Assemblymen; Lyon county, one Senator and three Assemblymen; Lyon and Churchill counties, one Senator jointly; Churchill county, one Assemblyman; Nye county, one Senator and one Assemblyman; Ormsby county, two Senators and three Assemblymen; Washoe and Roop counties, two Senators and three Assemblymen.

SEC. 7. All debts and liabilities of the Territory of Nevada, lawfully incurred, and which remain unpaid at the time of the admission of this State into the Union, shall be assumed by and become the debt of the State of Nevada; provided, that the assumption of such indebtedness shall not prevent the State from contracting the additional indebtedness, as provided in section three of Article IX of this Constitution.

[Sections 8 to 26, inclusive, are now only historical.]

SEC. 8. The term of State officers (except judicial) elected at the first election under this Constitution, shall continue until the Tuesday after the first Monday of January, A.D. eighteen hundred and sixty-seven, and until the election and qualification of their successors.

*SEC. 9. The Senators to be elected at the first election under this Constitution shall draw lots, so that the term of one-half of the number, as nearly as may be, shall expire on the day succeeding the general election in A.D. eighteen hundred and sixty-six, and the term of the other half shall expire on the day succeeding the general election in A.D. eighteen hundred and sixty-eight; provided, that in drawing lots for all Senatorial terms, the Senatorial representation shall be allotted so that in the counties having two or more Senators, the terms thereof shall be divided, as nearly as may be, between the long and short terms.

CONSTITUTION: NEW HAMPSHIRE-1792

and whether the said pleas be real, personal or mixed; and for the awarding and issuing execution thereon. To which courts and judicatories are hereby given and granted full power and authority, from time to time, to administer oaths or affirmations for the better discovery of truth in any matter in controversy, or depending before them.

SEC. V. And farther, full power and authority are hereby given and granted to the said general court, from time to time to make, ordain, and establish all manner of wholesome and reasonable orders, laws, statutes, ordinances, directions, and instructions, either with penalties or without, so as the same be not

• Obsolete.