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ENABLING ACT OF CONGRESS

vote for and choose representatives to form a convention, under such rules and regulations as the Governor of said territory may prescribe, and also to vote upon the acceptance or rejection of such constitution as may be formed by said convention, under such rules and regulations as said convention may prescribe; and if any of said citizens are enlisted in the army of the United States, and are still within said territory, they shall be permitted to vote at their place of rendezvous; and if any are absent from said territory, by reason of their enlistment in the army of the United States, they shall be permitted to vote at their place of service, under the rules and regulations in each case to be prescribed as aforesaid; and the aforesaid representatives to form the aforesaid convention shall be apportioned among the several counties in said territory in proportion to the population as near as may be, and said apportionment shall be made for said territory by the governor, United States district attorney, and chief justice thereof, or any two of them. And the governor of said territory shall, by proclamation, on or before the first Monday of May next, order an election of the representatives aforesaid to be held on the first Monday in June thereafter throughout the territory; and such election shall be conducted in the same manner as is prescribed by the laws of said territory regulating elections therein for members of the house of representatives; and the number of members to said convention shall be the same as now constitute both branches of the legislature of the aforesaid territory.

Sec. 4. And be it further enacted, That the members of the convention thus elected shall meet at the capital of said territory on the first Monday in July next, and after organization shall declare, on behalf of the people of said territory, that they adopt the constitution of the United States; whereupon the said convention shall be, and it is hereby, authorized to form a constitution and state government: Provided, That the constitution when formed shall be republican, and not repugnant to the constitution of the United States and the principles of the Declaration of Independence; And provided further, That said constitution shall provide, by an article forever irrevocable, without the consent of the congress of the United States:

First. That slavery or involuntary servitude shall be forever prohibited in said state.

Second. That perfect toleration of religious sentiment shall be secured, and no inhabitant of said state shall

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Third. That the people inhabiting said territory do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States, and that the lands belonging to citizens of the United States residing without the said state shall never be taxed higher than the land belonging to residents thereof; and that no taxes shall be imposed by said state on lands or property therein belonging to or which may hereafter be purchased by the United States.

Sec. 5. And be it further enacted, That in case a constitution and state government shall be formed for the people of said territory of Nebraska, in compliance with the provisions of this act, that said convention forming the same shall provide by ordinance for submitting said constitution to the people of said state for their ratification or rejection at an election to be held on the second Tuesday in October, one thousand eight hundred and sixty-four, at such places and under such regulations as may be prescribed therein, at which election the qualified voters, as hereinbefore provided, shall vote directly for or against the proposed constitution, and the returns of said election shall be made to the acting governor of the territory, who, together with the United States district attorney and chief justice of the said territory, or any two of them, shall canvass the same, and if a majority of the legal votes shall be cast for said constitution in said proposed state, the said acting governor shall certify the same to the president of the United States, together with a copy of the said constitution and ordinances; whereupon it shall be the duty of the President of the United States to issue his proclamation declaring the state admitted into the Union on an equal footing with the original states, without any further action whatever on the part of congress.

Sec. 6. And be it further enacted, That until the next general census shall be taken said state of Nebraska shall be entitled to one representative in the House of Representatives of the United States, which representative, together with the governor and state and other officers provided for in said constitution, may be elected on the same day a vote is taken for or against the proposed constitution, and state government.

Sec. 7. And be it further enacted, That sections number sixteen and thirty-six in every township, and when such sections have been sold or otherwise disposed of by any act of congress, other lands equivalent thereto, in legal sub-divisions of not less than one quartersection, and as contiguous as may be, shall be, and are hereby, granted to said state for the support of common schools.

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Sec. 8. And be it further enacted, That provided the state of Nebraska shall be admitted into the Union in accordance with the foregoing provisions of this act, that twenty entire sections of the unappropriated public lands within said state, to be selected and located by direction of the legislature thereof, on or before the first day of January, Anno Domini eighteen hundred and sixty-eight, shall be and they are hereby granted, in legal subdivisions of not less than one hundred and sixty acres, to said state, for the purpose of erecting public buildings at the capital of said state for legislative and judicial purposes, in such manner as the legislature shall prescribe.

Sec. 9. And be it further enacted, That fifty other entire sections of land, as aforesaid, to be selected and located as aforesaid, in legal subdivisions as aforesaid, shall be, and they are hereby, granted to said state for the purpose of erecting a suitable building for a penitentiary or state prison in the manner aforesaid.

Sec. 10. And be it further enacted, That seventy-two other sections of land shall be set apart and reserved for the use and support of a state university, to be selected in manner as aforesaid, and to be appropriated and applied as the legislature of said state may prescribe for the purpose named, and for no other purpose.

Sec. 11. And be it further enacted, That all salt springs within said state, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to said state for its use, the said land to be selected by the governor thereof, within one year after the admission of the state, and when so selected to be used or disposed of on such terms, conditions and regulations as the legislature shall direct: Provided, That no salt springs or lands, the right whereof is now vested in any individual or individuals, or which hereafter shall be confirmed or adjudged to any individual or individuals, shall, by this act, be granted to said state.

Sec. 12. And be it further enacted, That five per centum of the proceeds of the sales of all public lands lying within said state, which have been or shall be sold by the United States prior or subsequent to the admission of said state into the Union, after deducting all expenses incident to the same, shall be paid to the said state for the support of the common schools.

Sec. 13. And be it further enacted, That from and after the admission of said state of Nebraska into the Union in pursuance of this act, the laws of the United States, not locally inapplicable, shall have the same force and effect within the said state as elsewhere within the

ENABLING ACT OF CONGRESS

United States; and said state shall constitute one judicial district, and be called the district of Nebraska.

Sec. 14. And be it further enacted, That any unexpended balance of the appropriations for said territorial legislative expenses of Nebraska remaining for the fiscal years eighteen hundred and sixtythree and eighteen hundred and sixty-four, or so much thereof as may be necessary shall be applied to and used for defraying the expenses of said convention and for the payment of the members thereof, under the same rules, regulations and rates as are now provided by law for the payment of the territorial legislature. Approved, April 19, 1864.

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At your request, I visited Faith Christian School in Louisville, Nebraska, on July 24, 1982. While there I supervised and observed the administration of the California Achievement Test to the stúdents who were present. In addition to observing the actual test administration, I also taped random administrations for later review to ensure the accuracy of my on-site judgment.

At the end of the day, I collected all test materials and brought them back to my office to be scored. Initial scoring was completed by my staff with periodic checks by myself to determine that scoring was accurate and according to the instructions provided by the maker of the test. I am now prepared to report on this testing.

All tests were administered in a manner consistent with the instructions and directions provided by the test maker. The students received no extra help or other undue benefits from their teachers. The test administration was quite comparable to what would typically occur in the public schools.

Appended to this report as Table 1 is a summary of the results of the testing. As you will see, FCS students scored 7 mos. beyond the expected score for a comparably aged goup of public school students in Language (capitalization, punctuation, word usage, and spelling), 9 mos. ahead in Mathematics, and a full year ahead of a comparable public school group in Reading. These averages provide excellent evidence of the quality of basic education these children are receiving.

While at FCS, I also administered a personality scale known as the Revised Children's Manifest Anxiety Scale or RCMAS. This scale is recognized as a measure of general emotional mental health of children and is also related to later development of self-concept and behavior problems. A high score on this test indicates pathology. The average score of FCS students was 15.25 which, while higher than other christian schools, is almost exactly at the mean for children in the United States-at-large. Thus, FCS students are at no higher risk than other children for emotional problems and are comparable to public school children in this regard.

If I can provide further or more detailed information regarding this testing. please let me know.

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Sincerely,

Arif R. Reynolds

Cecil R. Reynolds, Ph.D.
Psychologist

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