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in all cases of felony; and in capital cases 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. 24. (Appeal, civil cases. The right to be heard in all civil cases in the court of last resort, by appeal, error, or otherwise, shall not be denied.
Sec. 25. [Aliens.) No distinction shall ever be made by law between resident aliens and citizens in reference to the possession, enjoyment or descent of property.
Sec. 26. [Powers retained by people.] 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.
ARTICLE [II]-DISTRIBUTION OF POWERS. Section 1. (Division of powers.] 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.
ARTICLE [III]-LEGISLATIVE. Section 1. [Legislative authority.) The legislative authority of the state shall be vested in a legislature consisting of a senate and house of representatives, but the people reserve to themeselves power to propose laws, and amendments to the constitution, and to enact or reject the same at the polls independent of the legislature, and also reserve power at their own option to approve or reject at the polls any act, item, section, or part of any act passed by the legislature.
Sec. 1A. [Initiative.] The first power reserved by the people is the initiative. Ten per cent of the legal voters of the state, so distributed as to include five per cent of the legal voters in each of two-fifths of the counties of the state, may propose any measure by petition, which shall contain the full text of the measure so proposed. Provided, that proposed Constitutional Amendments shall require a petition of fifteen per cent of the legal voters of the state distributed as above provided. Initiative petitions (except for municipal and wholly local legislation) shall be filed with the Secretary of State and be by him submitted to the voters at the first regular state election held not less than four months after such filing. The same measure, either in form or in essential substance, shall not be submitted to the people by initiative petition (either affirmatively or negatively) oftener than once in three years. If conflicting measures submitted to the people at the same election shall be approved the one receiving the highest number of affirmative votes shall thereby bcome law as to all conflicting provisions. The Constitutional limitations as to scope and subject matter of statutes enacted by the legislature shall apply to those enacted by the initiative.
Sec. 1B. (Referendum.] The second power reserved is the referendum. It may be ordered by a petition of ten per cent of the legal voters of the state, distributed as required for initiative petitions. Referendum petitions against measures passed by the legislature shall be filed with the Secretary of State within ninety days after the legislature enacting the same adjourns sine die or for a period longer than ninety days; and elections thereon shall be had at the first regular state election held not less than thirty days after such filing.
Sec. 10. [Referendum-Suspension of measures. The referendum may be ordered upon any act except acts making appropriations for the expenses of the state government, and state institutions existing at the time such act is passed. When the referendum is ordered upon an act or any part thereof it shall suspend its operation until the same is approved by the voters; provided, that emergency acts, or acts for the immediate preservation of the public peace, health, or safety shall continue in effect until rejected by the voters or repealed by the legislature. Filing of a referendum petition against one or more items, sections, or parts of an act shall not delay the remainder of the measure from becoming operative.
Sec. 1D. [Effect of acts; ballots necessary; veto; returns of elec. tion.] Nothing in this section shall be construed to deprive any member of the legislature of the right to introduce any measure. The whole number of votes cast for governor at the regular election last preceding the filing of any initiative or referendum petition shall be the basis on which the number of legal voters required to sign such petition shall be computed. The vote power of the governor shall not extend to measures initiated by or referred to the people. All such measures shall become the law or a part of the constitution when approved by a majority of the votes cast thereon, provided, the votes cast in favor of said initiative measure or part of said Constitution shall constitute thirty-five per cent (35%) of the total vote cast at said election, and not otherwise, and shall take effect upon proclamation by the governor, which shall be made within ten days of the completion of the official canvass. The vote upon initiative ard referendur measures shall be returned and canvassed in the same manner as is prescribed in the case of presidential electors. The method of submitting and adopting amendments to the constitution provided by this section shall be supplementary to the method prescribed in the article of the constitution, entitled 'Amendments' and the latter shall in no case be construed to conflict herewith. This amendment shall be self-executing, but legislation may be enacted especially to facilitate its operation. In submitting petitions and orders for the initiative and the referendum, the Secretary of State and all other officers shall be guided by this amendment and the general laws until additional legislation shall be especially provided therefor; all propositions submitted in pursuance hereof shall be submitted in a non-partisan manner and without any indication or suggestion on the ballot that they have been approved or endorsed by any political party or organization, and provided further that only the title of measures shall be printed on the ballot and, when two or more measures have the same title they shall be numbered consecutively in the order of filing with the Secretary of State and including the name of the first petitioner.
Sec. 2. [Census; legislative apportionment.) The Legislature sball provide by law for an enumeration of the inhabitants of the state in the year eighteen hundred and eighty-five 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 senators and representatives according to the number of inhabitants, excluding Indians not taxed, and Soldiers and Officers of the United States army and navy.
Sec. 3. [Number of members; sessions.] The House of Representatives shall 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 on hundred, nor that of Senators, thirty. The sessions of the legislature shall be biennial, except as otherwise provided in this constitution.
Sec. 4. [Legislature; term of oitice, compensation, length of Ses. sjon, ] At the first election of members of the legislture held after the adoption of this amendment members of the Senate and House of Representatives, shall be elected for the term of two years. Both senators and representatives shall each receive pay at the rate of six hundred dollars for each regular session of the Legislature, during their term, 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. That neither members of the legislature nor employes shall receive any pay or perquisites other than their salary and mileage. Each session, except special session, shall not be less than sixty days. After the expiration of twenty days of the session, no bills nor joint resolutions of the nature of bills shall be introduced, unless the governor shall by special message call the attention of the legislature to the necessity of passing a law on the subject-matter embraced in the message, and the introduction of bills shall be restricted thereto. Provided, that the general appropriation bills may be introduced up to and including the fortieth day.
Sec. 5. [Who not eligible.) No person shall be eligible to the office 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 of this state. And no person elected as aforesaid shall hold his office after he shall have removed from such district.
Sec. 6. [Same.) 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. [Sessions; commencement, quorum, rules, officers, opening, punishments.] The session of the Legislature shall commence at 12 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 Lieutenant Governor 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 two-thirds of all the members elected to that House, and no member shall be twice expelled for the same offense. Each House may punish by imprisonment any person not a member thereof who shall be guilty of disrespect to the House by disorderly or contemptuous behavior in its presence, but no such imprisonment shall extend beyond twenty-four hours at one time, unless the person shall persist in such disorderly or contemptuous behavior.
Sec. 8. (Journals; votes; doors open; adjournment.] Each House shall keep a journal of its proceedings and publish them (except such parts as may require secrecy) and the yeas and nays of the members on any question, shall at the desire of any two of them be entered on the Journal. All votes in either House shall be viva voice. The doors of each House, and of Committee of the Whole, shall be open, unless when the business shall be such as ought to be kept secret. Neither House shall, without the consent of the other, adjourn for more than three days.
Sec. 9. (Bills; origin, amendment.] Any bill may originate in either house of the Legislature, except bill appropriating money, which shall originate only in the House of Representatives, and all bills passed by one House may be amended by the other.
Sec. 10. (Bill, style, final passage. ) The style of all bills shall be "Be it enacted by the people of the State of Nebraska," and no law shall be enacted except by bill. No bill shall be passed by the legislature unless by assent of a majority of all the members elected to each house of the legislature and the question upon final passage shall be taken immediately upon its last reading and the yeas and nays shall be entered upon the journal.
Sec. 11. (Bills; reading, printing, subject, title, amendment, sign. ing.) Every bill and concurrent resolution shall be read at large on three different days in each house, and the bill and all amendments thereto shall be printed before the vote is taken upon its final passage. No bill shall contain more than one subject, and the same shall be clearly expressed in its title. And no law shall be amended unless the new act contain the section or sections so amended and the section or sections so amended shall be repealed. The presiding Officer of each House shall sign in the presence of the House over which he presides, while the same is in session and capable of transacting business, all bills and concurrent resolutions passed by the legislature.
Sec. 12. [Privilege from arrest.) Members of the Legislature in all cases except treason, felony or breach of the peace, shall be privileged from arrest during the session of the legislature, and for fifteen days next before the commencement and after the termination thereof.
Sec. 13. [Disability of members.) No person elected to the Legislature shall receive any civil appointment within this State from the Governor and senate during the term for which he has been elected. And all such appointments and all votes given for any such member for any such office or appointment, shall be void. Nor shall any member of the Legislature or any state officer be interested either directly or indirectly, in any contract with the state, county, or city, authorized by any law passed during the term for which he shall have been elected, or within one year after the expiration thereof.
Sec. 14. [Impeachments.] The Senate and House of Representatives in joint convention shall have the sole power of impeachment, but a majority of the members elected must concur therein. Upon the entertainment of a resolution to impeach by either house, the other house shall at once be notified thereof and the two houses shall meet in joint convention for the purpose of acting upon such resolution within three days of such notification. A notice of an impeachment of any officer other than a justice of the Supreme court, shall be forth with served upon the Chief Justice, by the Secretary of the Senate, who shall thereupon call a session of the Supreme Court to meet at the Capital within ten days after such notice to try the impeachment. A notice of an impeachment of a Justice of the Supreme Court shall be served by the Secretary of the Senate, upon the judge of the judicial district, within which the Capital is lccated, and he thereupon shall notify all the judges of the District Court in the state to meet with him within thirty days at the Capital, to sit as a Court to try such impeachment, which Court shall organize by electing one of its number to preside. No person shall be convicted without the concurrence of two-thirds of the members of the Court of impeachment, but judgment in cases of impeachment shall not extend further than removal from office and disqualification to hold and enjoy any office of honor, profit, or trust, in this State, but the party impeached, whether convicted or acquitted, shall nevertheless be liable to prosecution and punishment according to law. No officer shall exercise his official duties after he shall have been impeached and notified thereof, until he shall have been acquitted.
Sec. 15. [Special legislation prohibited.] The legislature shall not pass local or special laws in any of the following cases, that is to say:
For granting divorces.
Regulating the jurisdiction and duties of Justices of the Peace, Police Magistrates and Constables.
Providing for changes of venue in civil and criminal cases.
Incorporating Cities, Towns and Villages, or changing or amending the charter of any Town, City or Village.
Providing for the election of Officers in Townships, incorporated Towns or Cities.
Summoning or empaneling Grand or Petit Juries.
Providing for the bonding of cities, towns, precincts, school districts or other municipalities.
Providing for the management of Public Schools.
The opening and conducting of any election, or designating the place of voting.
The sale or mortgage of real estate belonging to minors, or others under disability.
The protection of game or fish.
Chartering or licensing ferries, or toll bridges, remitting fines, penalties or forfeitures, creating, increasing and decreasing fees, percentage or allowances of public officers, during the term for which said officers are elected or appointed.
Changing the law of descent.
Granting to any corporation, association, or individual, the right to lay down railroad tracks, or amending existing charters for such purpose.
Granting to any corporation, association, or individual, any special or exclusive privileges, immunity, or franchise whatever. In all other cases where a general law can be made applicable, no special law shall be enacted.
Sec. 16. [Extra compensation.] The Legislature shall never grant any extra compensation to any public officer, agent, servant, or contractor after the services shall have been rendered or the contract entered into. Nor shall the compensation of any public officer be increased or diminished during his term of office.
Sec. 17. [Salt springs.] The Legislature shall never alienate the salt springs belonging to this state.
Sec. 18. (Donations of land.] Lands under control of the State shall never be donated to railroad companies, private corporations or individuals.
Sec. 19. (Appropriations.] Each Legislature shall make appropriations for the expenses of the Government until the expiration of the first fiscal quarter after the adjournment of the next regular session, and all appropriations shall end with such fiscal quarter. And whenever it is deemed necessary to make further appropriations for deficiences, the same shall require a two-thirds vote of all the members elected to each House, and shall not exceed the amount of revenue authorized by law to be raised in such time. Bills making appropriations for the pay of mem