District No. 32. resentative. Shall consist of the county of Harlan, and be entitled to one rep District No. 33. Shall consist of the counties of Howard and Greeley, and be entitled to one representative. District No. 34. representative. District No. 35. sentative. District No. 36. sentative. District No. 37. representative. District No. 38. resentative. District No. 39. representative. District No. 40. resentative. District No. 41. to one representative. Shall consist of the county of Merrick, and be entitled to one Shall consist of the county of Polk, and be entitled to one repre Shall consist of the county of Butler, and be entitled to one repre Shall consist of the county of Colfax, and be entitled to one Shall consist of the county of Platte, and be entitled to one rep- Shall consist of the county of Cedar, and be entitled to one rep Shall consist of the counties of Burt and Dodge, and be entitled District No. 42. Shall consist of the counties of Stanton, Wayne and Pierce, and be entitled to one representative. Shall consist of the county of Antelope, and be entitled to one District No. 43. Shall consist of the counties of Knox and Holt, and the unorganized territory west of Holt, and be entitled to one representative. District No. 44. representative. District No. 45. Shall consist of the counties of Boone, Valley, Sherman, and the unorganized territory west of Sherman and Valley counties, and west of the thirteenth senatorial district, and be entitled to one representative. District No. 46. Shall consist of the counties of Dawson and Frontier, and be entitled to one representative. District No. 47. Shall consist of the counties of Franklin and Kearney, and be entitled to one representative. District No. 48. Shall consist of the counties of Furnas, Phelps, and Gosper, and be entitled to one representative. District No. 49. Shall consist of the counties of Cheyenne, Keith, Dundy, Chase, Hitchcock, Red Willow, and the unorganized territory north of the county of Hitchcock, and be entitled to one representative. District No. 50. Shall consist of the counties of Cass and Saunders, and be entitled to one representative. District No. 51. Shall consist of the counties of Platte, Colfax and Butler, and be entitled to one representative. District No. 52. Shall consist of the counties of Fillmore and Clay, and be entitled to one representative. ARTICLE [v.]-EXECUTIVE DEPARTMENT. SECTION 1. [Officers.]—The executive department shall consist of a governor, lieutenant-governor, secretary of state, auditor of public accounts, treasurer, superintendent of public instruction, attorney-general, and commissioner of public lands and buildings, who shall each hold his office for the term of two years from the first Thursday and [after] the first Tuesday in January next after his election, and until his successor is SEC. 1. Office of adjutant general not an "executive" office. State v. Weston, 4 Neb., 242. Legislature have no power to create "Railroad Commissioners." Power must be conferred on executive officers already existing. In re Railroad Commissioners, 15 Neb., 682. Executive officers may appoint deputies. In re Appropriations, 25 Neb.. 662. Duration of term when successor not elected. State v. Boyd, 31 Neb., 682. elected and qualified: Provided, however, That the first election of said officers shall be held on the Tuesday succeeding the first Monday in November, 1876, and each succeeding election shall be held at the same relative time in each even year thereafter. The governor, secretary of state, auditor of public accounts, and treasurer, shall reside at the seat of government during their terms of office, and keep the public records, books and papers there, and shall perform such duties as may be required by law. SEC. 2. [Persons ineligible.]-No person shall be eligible to the office of governor, or lieutenant-governor, who shall not have attained the age of thirty years, and been for two years next preceding his election a citizen of the United States and of this state. None of the officers of the executive department shall be eligible to any other state office during the period for which they shall have been elected. SEC. 3. The treasurer shall be ineligible to the office of treasurer for two years next after the expiration of two consecutive terms for which he was elected. SEC. 4. The returns of every election for the officers of the executive department shall be sealed up and transmitted by the returning officers to the secretary of state, directed to the speaker of the house of representatives, who shall, immediately af ter the organization of the house, and before proceeding to other business, open and publish the same in the presence of a majority of each house of the legislature, who shall, for that purpose, assemble in the hall of the house of representatives. The person having the highest number of votes for either of said offices shall be declared duly elected; but if two or more have an equal and the highest number of votes, the legislature shall, by joint vote, choose one of such persons for said office. Contested elections for all of said offices shall be determined by both houses of the legislature, by joint vote, in such manner as may be prescribed by law. SEC. 5. [Impeachment.]-All civil officers of this state shall be liable to im- · peachment for any misdemeanor in office. SEC. 6. [Executive power.]-The supreme executive power shall be vested in the governor, who shall take care that the laws be faithfully executed. SEC. 7. [Message of governor.]-The governor shall, at the commencement of each session, and at the close of his term of office, and whenever the legislature may require, give to the legislature information by message, of the condition of the state, and shall recommend such measures as he shall deem expedient. He shall account to the legislature, and accompany his message with a statement of all moneys received and paid out by him from any funds subject to his order, with vouchers, and, at the commencement of each regular session, present estimates of the amount of money required to be raised by taxation for all purposes. SEC. 8. [Convening legislature.]-The governor may, on extraordinary occasions, convene the legislature by proclamation, stating therein the purpose for which they are convened, and the legislature shall enter upon no business except that for which they were called together. SEC. 9. [Proroguing legislature.]-In case of a disagreement between the two houses with respect to the time of adjournment, the governor may, on the same being certified to him by the house first moving the adjournment, adjourn the legislature to such time as he thinks proper, not beyond the first day of the next regular session. SEC. 10. [Appointments.]-The governor shall nominate and by and with the advice and consent of the senate (expressed by a majority of all the senators elected, voting by yeas and nays), appoint all officers whose offices are established by this constitution, or which may be created by law, and whose appointment or election is not otherwise by law or herein provided for; and no such officer shall be appointed or elected by the legislature. " SEC. 2. This provision did not prevent the auditor holding office as land commissioner at adoption of constitution from holding that office and drawing salary until election of his sucessor. State v. Liedtke, 9 Neb., 466. "Eligible" defined, "citizen construed. State v. Boyd, 31 Neb., 682. SEC. 4. Procedure in contests for executive offices. In re Quære, 31 Neb., 262. A duty enforceable by mandamus. State v. Elder, 31 Neb., 169. Contest does not forbid quo warranto, State v. Boyd, 31 Neb., 682. tution from holding that office and drawing salary until election of his successor. State v. Liedtke, 9 Neb., 466. SEC. 8. Proclamation may be revoked by a second one, before assembling of legislature. Tennant's case, 3 Neb., 409. SEC. 10. Power to appoint and remove physician at penitentiary is vested in governor. State v. Board Pub. lic Lands, 7 Neb., 45. All appointments and removals of officers of state institutions vested in governor. In re Board of Public Lands and Buildings, 18 Neb., 340. Authority given governor to appoint board of fire and police in cities not a violation of this section. State v. Seavey, 22 Neb., 465. SEC. 11. [Vacancies.]—In case of a vacancy during the recess of the senate, in any office which is not elective, the governor shall make a temporary appointment until the next meeting of the senate, when he shall nominate some person to fill such office; and any person so nominated, who is confirmed by the senate (a majority of all the senators elected concurring by voting yeas and nays), shall hold his office during the remainder of the term, and until his successor shall be appointed and qualified. No person, after being rejected by the senate, shall be again nominated for the same office at the same session, unless at request of the senate, or be appointed to the same office during the recess of the legislature. SEC. 12. [Removal of Officers.]-The governor shall have power to remove any officer whom he may appoint, in case of incompetency, neglect 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 shall 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. [Militia.]-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 insurrection, and repel invasion. SEC. 15. [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 necescary, (except on questions of adjournment), shall be presented to the governor. If he approve, 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 accused, failure to qualify, resignation, absence from the state, or other disability of the governor, the powers, duties, and emoluments of the SEC. 12. Applies only to officers mentioned in constitution. State v. Smith, 35 Neb., 14. SEC. 13. Authority conferred upon justices by sec. 28, chapter 50, is not an exercise of pardoning power. Plea ler v. State, 11 Neb. 574. SEC. 15. Adjournments referred to apply to adjournments sine die, and not from time to time. Miller v. Hur ford, 11 Neb. 381. Presumption that bill not signed by governor, was presented to him within time stated by certificate of officers of both houses. Id., 13 Neb., 17. Procedure in contests for executive offices. In re Quere, 31 Neb., 262. SEC. 16. Failure to elect. State v. Boyd, 31 Neb., 682. 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, become 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 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 of public lands and buildings.]-The commissioner of public lands and buildings, the secretary of state, treasurer, and attorney-general, shall form a board, which shall have general supervision and control of all the buildings, grounds and lands of the state, the state prison, asylums and all other institutions thereof, except those for educational purposes; and shall perform such duties, and be subject to such rules and regulations, as may be prescribed by law. SEC. 20. [Vacancies in office.]-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 his 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 to 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 or 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:]-The salaries of the governor, auditor of public accounts, and treasurer, shall be two thousand five hundred dollars each per annum, and of 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 SEC. 19. Board does not possess power to appoint and remove officers of state institutions. State v. Bacon, 6 Neb. 290. In re Board, 18 Neb., 340. Înstitution for blind not an educational institution, Id., 296. Duties of board stated. In re Appropriations, 25 Neb., 665. SEC. 21. Cited In re Appropriations, 25 Neb., 665. SEC. 23. A patent to lands, issued by governor, under an express grant, and attested by great seal, is not void upon its face. State v. S. C. & P. R. R., 7 Neb., 376. SEC. 24. No appropiation necessary to enable officers to draw their salaries. State v. Weston, 4 Neb., 219. Secretary of state may hold office as adjutant general. State v. Weston, 4 Neb., 243. Auditor in office at adop tion of constitution could hold office also as land commissioner until January 1, 1877. State v. Liedtke, 9 Neb.. 465. Fees earned or collected belong to state. State v. Liedtke, 12 Neb., 175. Attorney general may appoint deputy and employ stenographer. In re Appropriations, 25 Neb., 670. 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.]-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 in 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 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. 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 cuts inferior to the district courts as may be created by law for cities and incorporated towns. SEC. 2. The supreme court shall consist of three judges, a majority of whom shall be necessary to form a quorum, or to pronounce a decision. It shall have original jurisdiction in cases relating to the revenue, civil cases in which the state shall be a party, mandamus, quo warranto, habeas corpus, and such appellate jurisdiction as may be provided by law. SEC. 3. [Terms.]-At least two terms of the supreme court shall be held each year at the seat of government. SEC. 4. [Election of judges.]—The judges of the supreme court shall be elected by the electors of the state at large, and their terms of office, except of those chosen at the first election, as hereinafter provided, shall be six years. SEC. 5. [How classified.]-The judges of the supreme court shall, immediately after the first election under this constitution, be classified by lot, so that one shall hold his office for the term of two years, one for the term of four years, and one for the term of six years. SEC. 6. [Chief justice.]-The judge of the supreme court having the shortest term to serve, not holding his office by appointment or election to fill a vacancy, shall be the chief justice, and as such shall preside at all terms of the supreme court; and in case of his absence, the judge having in like manner the next shortest term to serve shall preside in his stead. SEC. 7. [Who not eligible.]-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.]—There shall be appointed by the supreme court a reporter, SEC. 25. Cited 9 Neb., 465. SEC. 26. Adjutant general not an "executive" office. State v. Weston, 4 Neb., 240. Office of land commissioner continued. State v. Liedtke, 9 Neb., 465. Railroad commissioners unauthorized. In re Railroad commissioners, 15 Neb., 683. SEC. 1. The trial and ousting from office of a county officer, by the county board, is not the exercise of judicial power, and not forbidden by the constitution. State v. Oleson, 15 Neb., 243. Notary public may commit contumacious witness for contempt. Dogge v. State, 21 Neb., 278. SEC. 2. Supreme court has jurisdiction in quo warranto. Kane v. People, 4 Neb., 514. State v. Griffey, 5 Neb., 161. State v. Stein, 13 Neb., 631. Jurisdiction limited to errors "appearing on the record." Morrill v. Taylor, 6 Neb., 252. Frey v. Drahos, 7 Neb., 197. Supreme court has no power to call jury in appeal cases. Robertson v. Hall, 2 Neb., 19. Has jurisdiction to correct errors of the district court in contested election cases. Miller v. Rolph, 8 Neb., 439. Has no jurisdiction to require justice of peace to send up amended transcript. Cleghorn v. Waterman, 16 Neb., 225. Has jurisdiction to review upon error, judgments of district court made upon appeal from county court, in matters pertaining to the settlements of assigned estates. Stout v. Rapp, 17 Neb., 465. Has no jurisdiction as a court of equity to grant new trial in criminal case. Paulson v. State, 25 Neb., 347. Nor in proceedings to contest elections. Bell v. Templin, 26 Neb., 249. Miller v. Wheeler, 33 Neb., 765. Has to wind up affairs of bank. State v. Commercial Bank, 28 Neb., 678. State v. Exchange Bank, 34 Neb., 198. Has in quo warranto. State v. Frazier, 28 Neb., 438. SEC. 8. Salary paid to reporter is exclusive of any and a" reports. In re Brown, 15 Neb., 636, other modes of compensation for work on the |