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glect of duty, or malfeasance in office, and he may declare his office vacant, and fill the same as herein provided in other cases of vacancy.

Sec. 13. [Pardoning power.] The governor shall have the power to grant reprieves, commutations and pardons, after conviction, for all offenses except treason, and cases of impeachment, upon such conditions and with such restrictions and limitations as he may think proper, subject to such regulations as may be provided by law, relative to the manner of applying for pardons. Upon conviction for treason, he shall have power to suspend the execution of the sentence until the case can be reported to the legislature at its next session, when the legislature shall either pardon or commute the sentence, direct the execution of the sentence, or grant a further reprieve. He shall communicate to the legislature, at every regular session, each case of reprieve, commutation or pardon granted, stating the name of the convict, the crime of which he was convicted, the sentence and its date, and the date of the reprieve, commutation or pardon.

Sec. 14. [Governor, commander in chief.) The governor shall be commander-in-chief of the military and naval forces of the State (except when they shall be called into the service of the United States) and may call out the same to execute the laws, suppress insurrections, and repel invasion,

Sec. 15. (Bills, approval, veto.) Every bill passed by the legislature, before it becomes a law, and every order, resolution or vote to which the concurrence of both houses may be necessary (except on questions of adjournment) shall be presented to the governor. If he approves he shall sign it, and thereupon it shall become a law, but if he do not approve, he shall return it with his objections to the house in which it shall have originated, which house shall enter the objections at large upon its journal, and proceed to reconsider the bill. If then three-fifths of the members elected agree to pass the same, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered; and if approved by three-fifths of the members elected to that house, it shall become a law, notwithstanding the objections of the governor. In all such cases the vote of each house shall be determined by yeas and nays, to be entered upon the journal. Any bill which shall not be returned by the governor within five days (Sundays excepted) after it shall have been presented to him, shall become a law in like manner as if he had signed it; unless the legislature by their adjournment prevent its return; in which case it shall be filed, with his objections, in the office of the Secretary of State within five days after such adjournment, or become a law. The governor may disapprove any item or items of appropriation contained in bills passed by the legislature, and the item or items so disapproved shall be stricken therefrom, unless repassed in the manner herein prescribed in cases of disapproval of bills.

Sec. 16. (Vacancy in office of governor.] In case of the death, impeachment and notice thereof to the accusel, failure to quality, resignation, absence from the state, or other disability of the governor, the powers, duties and emoluments of the office for the residue of the term, or until the disability shall be removed, shall devolve upon the lieutenant governor.

Sec. 17. (President of senate.] The lieutenant governor shall be president of the senate, and shall vote only when the senate is equally divided.

Sec. 18. (Office of governor, how filled.] If there be no lieutenant governor, or if the lieutenant governor for any of the causes specified in section sixteen of this article, becomes incapable of performing the duties of the office, the president of the senate shall act as governor until the vacancy is filled, or the disability removed; and if the president of

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the senate, for any of the above named causes, shall become incapable of performing the duties of governor, the same shall devolve upon the speaker of the house of representatives.

Sec. 19. [Board Commissioners State Institutions.] The Governor shall, prior to the adjournment of the thirty-third session of the legislature, nominate and, with the consent of two-thirds of the members of the Senate in Executive Session, appoint three electors of the state, not more than two of whom shall belong to the same political party and no two of whom shall reside at the time of their appointment in the same congressional district, as members of a board to be known as a “Board of Commissoners of State Institutions." Said members shall hold office as designated by the Governor for two, four and six years respectively. Subsequent appointments shall be made as provided and, except to fill vacancies, shall be for a period of six years. The Board shall at all times be subject to the above restrictions and limitations. The Board of Commissioners shall have full power to manage, control and govern, subject only to such limitations as shall be established by law, the State Soldiers' Home, Hospitals for the Insane, Institute for the Deaf, Institute for the Blind, Industrial Schools, Institute for Feeble Minded Children, Nebraska Industrial Home, Orthopedic Hospital, the State Penitentiary, and all charitable, reformatory and penal institutions that shall be by law established and maintained by the state of Nebraska. They shall each give bonds, receive compensation for service, perform all duties and comply with all regulations that shall be established by law. The powers possessed by the Governor and Board of Public Lands and Buildings with reference to the management and control of the institutions herein named shall, on July 1, 1913, cease to exist in the Governor and Board of Public ands and Buildings and shall become veste in a Board of Commissioners of State Institutions, and the said Board is on July 1, 1913 and without further process of law, authorized and directed to assume and exercise all the powers heretofore vested in or exercised by the Governor or Board of Public Lands and Buildings with reference to the institutions of the state named herein, but nothing herein contained shall limit the general supervisory or examining powers vested in the Governor by the laws or constitution of the state, or such as are vested by him in any committee appointed by him.

Sec. 19A. | State railway commission.] There shall be a State Railway Commission, consisting of three members, who shall be first elected at the general election in 1906, whose term of office, except those chosen at the first election under this provision, shall be six years, and whose compensation shall be fixed by the legislature. Of the three commissioners first elected, the one receiving the highest number of votes shall hold his office for six years, the next highest four years, and the lowest two years. The powers and duties of such commisison shall include the regulation of rates, service and general control of common carriers, as the legislature may provide by law. But in the absence of specific legislation, the commission shall exercise the powers and perform the duties enumerated in this provision.

Sec. 20. (Vacancies in office, how filled.] If the office of auditor of public accounts, treasurer, secretary of state, attorney general, commissioner of public lands and buildings or superintendent of public instruction, shall be vacated by death, resignation or otherwise, it shall be the duty of the governor to fill the same by appointment, and the appointee shall hold office until his successor shall be elected and qualified in such manner as may be provided by law.

Sec. 21. (Accounts of public officers.] An account shall be kept by the officers of the executive department and of all the public institutions of the state of all moneys received or disbursed by them severally from all sources, and for every service performed, and a semi-annual report thereof be made to the governor under oath, and any officer who makes a false report shall be guilty of perjury and punished accordingly.

Sec. 22. (Reports of governor.] The officers of the executive department and of all the public institutions of the state shall at least ten days preceding each regular session of the legislature severally report to the governor, who shall transmit such reports to the legislature together with the reports of the judges of the supreme court of defects in the constitution and laws, and the governor of either house of the legislature may at any time require information, in writing, under oath, from the officers of the executive department, and all officers and managers of state institutions, upon any subject relating to the condition, management and expenses of their respective offices.

Sec. 23. [Seal of state. There shall be a seal of the state, which shall be called the "Great Seal of the State of Nebraska," which shall be kept by the Secretary of State, and used by him officially as directed by law.

Sec. 24. [Salaries; fees; clerks. The salaries of the governor, auditor of public accounts and treasurer, shall be two thousand five hundred dollars each per annum and the secretary of state, attorney general, superintendent of public instruction, and commissioner of public lands and buildings shall be two thousand dollars each per annum. The lieutenant governor shall receive twice the compensation of a senator, and after the adoption of this constitution, they shall not receive to their own use any fees, costs, interest upon public moneys in their hands, or under their control, perquisites of office or other compensation, and all fees that may hereafter be payable by law for services performed by an officer provided for in this article of the constitution shall be paid in advance into the state treasury. There shall be no allowance for clerk hire in the offices of the superintendent of public instruction and attorney general.

Sec. 25. [Bonds of officers.) The officers mentioned in this article shall give bonds in not less than double the amount of money that may come into their hands, and in no case less than the sum of fifty thousand dollars, with such provisions as to sureties and the approval thereof, and for the increase of the penalty of such bonds, as may be prescribed by law.

Sec. 26. · (No other officers.) No other executive state office shall be continued or created, and the duties now devolving upon officers not provided for by this constitution shall be performed by the officers herein created.

ARTICLE [VI]—THE JUDICIAL DEPARTMENT.

Section 1. [Judicial power.) The judicial power of this state shall be vested in a supreme court, district courts, county courts, justices of the peace, police magistrates, and in such other courts, inferior to the district courts as may be created by law for cities and incorporated towns.

Sec. 2. [Supreme court, jurisdiction.] The supreme court shall consist of seven (7) judges; and a majority of all the elected and qualified judges shall be necessary to constitute a quorum or pronounce a decision. The Supreme Court shall have jurisdiction in all cases relating to the revenue, civil cases in which the state is a party, mandamus, quo warranto, habeas corpus, and such appellate jurisdiction as may be provided by law.

Sec. 3. [Terms of supreme court.) At least two terms of the supreme court shall be held each year, at the seat of government. Sec. 4. (Supreme court, judges, election, term, residence.]

The judges of the Supreme court shall be elected by the electors of the state at large; and their term of office, except as hereinafter provided shall be six years. And said Supreme Court judges shall during their term of office reside at the place where the court is holden.

Sec. 5. [Supreme court, judges, election, term, chief justice.] That at the general election to be held in the state of Nebraska in the year 1916, and each six years thereafter, there shall be elected three (3) judges of the Supreme Court, who shall hold their office for the period of six (6) years; that at the general election to be held in the State of Nebraska in the year 1918, and each six years thereafter there shall be elected three (3 judges of the Supreme Court, who shall hold their office for the period of six years; and at the general election to be held in the State of Nebraska in the year 1920 and each six (6) years thereafter there shall be elected a chief justice of the Supreme Court, who shall hold his office for the period of six (6) years. Provided, That the member of the Supreme Court whose term of office expires in January, 1914, shall be chief justice of the Supreme Court during that time until the expiration of his term of office.

Sec, 6. [Chief justice.] The Chief Justice shall serve as such during all the term for which he was elected. He shall preside at all terms of the supreme court, and in his absence the judges present shall select one of their number to preside temporarily.

Sec. 7. [Judges, eligibility.] No person shall be eligible to the office of judge of the Supreme Court unless he shall be at least thirty years of age, and a citizen of the United States; nor unless he shall have resided in this state at least three years next preceding his election.

Sec. 8. (Reporter; copyright of reports.) There shall be appointed by the supreme court a reporter, who shall also act as clerk of the supreme court, and librarian of the law and miscellaneous library of the state, whose term of office shall be four years, unless sooner removed by the court, whose salary shall be fixed by law, not to exceed fifteen hundred dollars per annum. The copyright of the state reports shall forever belong to the state.

Sec. 9. [District courts, jurisdiction.] The district court shall have both chancery and common law jurisdiction, and such other jurisdiction as the legislature may provide; and the judges thereof may admit persons charged with felony to a plea of guilty and pass such sentence as may be prescribed by law.

Sec. 10. [Judicial districts.) The state shall be divided into six judicial districts, in each of which shall be elected, by the electors thereof, one judge who shall be judge of the district court therein, and whose term of office shall be four years.

Until otherwise provided by law, said district shall be as follows:

First District. The counties of Richardson, Johnson, Pawnee, Gage, Jefferson, Saline, Thayer, Clay, Nuckolls and Fillmore.

Second District. The counties of Nemaha, Otoe, Cass and Lancaster.

Third District. The counties of Douglas, Sarpy, Washington and Burt.

Fourth District. The counties of Saunders, Dodge, Butler, Colfax, Platte, Polk, Merrick, Hamilton, York, Seward, Hall and Howard.

Fifth District. The counties of Buffalo, Adams, Webster, Franklin, Harlan, Kearney, Phelps, Gosper, Furnas, Hitchcock, Dundy, Chase, Cheyenne, Keith, Lincoln, Dawson, Sherman, Red Willow, Frontier, and the unorganized territory west of said district.

Sixth District. The counties of Cuming, Dakota, Dixon, Cedar, Wayne, Stanton, Madison, Boone, Pierce, Knox, Antelope, Holt, Greeley, Valley, and the unorganized territory west of said district.

Sec. 11. [Increase of districts. The legislature, whenever twothirds of the members elected to each house, shall concur therein, may, in or after the year one thousand eight hundred and eighty, and not oftener than once in every four years, increase the number of judges of the district courts, and the judicial districts of the state. Such districts shall be formed of compact territory, and bounded by county lines; and such increase, or any change in the boundaries of a district, shall not vacate the office of any judge.

Sec. 12. (Judges exchange. The judges of the district court may hold courts for each other and shall do so when required by law.

Sec. 13. (Judges' salaries.] That judges of the Supreme Court shall each receive a salary of $4,500, and the Judges of the District Court shall each receive a salary of $3,000 per annum, payable quarterly.

Sec. 14. [No other compensation; attorney; county judge.! No judge of the supreme or district courts shall receive any other compensation, perquisite, or benefits, for or on account of his office, in any form whatsoever, nor act as attorney or counsellor at law in any manner whatever, nor shall any salary "be paid to any county judge.

Sec. 15. [County judge.] There shall be elected in and for each organized county one judge, who shall be judge of the county court of such county, and whose term of office shall be two years.

Sec. 16. [County courts, jurisdiction.] County courts shall be courts of record, and shall have original jurisdiction in all matters of probate, settlements of estates of deceased persons, appointment of guardians, and settlement of their accounts; in all matters relating to apprentices; and such other jurisdiction as may be given by the general law. But they shall not have jurisdiction in criminal cases in which the punishment may exceed six months' imprisonment, or a fine of over five hundred dollars; nor in actions in which title to real estate is sought to be recovered, or may be drawn in question; nor in actions on mortgages or contracts for the conveyance of real estate. nor in civil actions where the debt or sum claimed shall exceed one thousand dollars,

Sec. 17. (Appeals to district court. Appeals to the district court from the judgments of county courts shall be allowed in all criminal cases, on application of the defendant; and in all civil cases, on application of either party, and in such other cases as may be provided by law.

Sec. 18. (Justices of the peace; police magistrate; jurisdiction.) Justices of the peace and police magistrates shall be elected in and for such districts, and have and exercise such jurisdiction as may be provided by law; provided, that no justice cf the peace shall have jurisdiction in any civil case where the amount in controversy shall exceed two hundred dollars; nor in a criminal case where the punishment may exceedthree months' imprisonment, or a fine of over one hundred dollars; nor in any matter wherein the title or boundaries of land may be in dispute.

Sec. 19. (Laws, proceedings, etc., uniformity.] All laws relating to courts shall be general, and of uniform operation; and the organization, jurisdiction, powers, privileges, and practice of all courts of the same class or grade, so far as regulated by law and the force and effect of the proceedings, judgments and decrees of such courts, severally, shall be uniform.

Sec. 20. [Omcers, terms, residence, duties, compensation. All officers provided for in this article shall hold their offices until their successors shall be qualified and they shall respectively reside in the district, county or precinct for which they shall be elected or appointed. The terms of office of all such officers, when not otherwise prescribed in this article, shall be two years. All officers, when not otherwise provided for in this article, shall perform such duties and receive such compensation as may be prescribed by law.

Sec. 21. Vacancies in office of judges, how filled. In case the

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