District No. 44. Shall consist of the county of Antelope, and be entitled to one 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 unorgan. ized 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.

Officers of executive department.

ARTICLE V. - EXECUTIVE DEPARTMENT.

SECTION 1. The executive department shall con

sist 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 after the first Tuesday in January next after his election, and until his successor is 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 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. Persons ineli- SEC. 2. No person shall be eligible to the office of governor, or lieutenant governor, who shall not have attained to 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 of Treasurer inelifice of treasurer for two years next after the expira-gible. tion of two consecutive terms for which he was elected.

SEC. 4. The returns of every election for the of Returns of ficers of the executive department shall be sealed up election. and transmitted by the returning officers to the secretary of state, directed to the speaker of the house of representatives, who shall, immediately after 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 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 of Contested fices shall be determined by both houses of the legis- elections. lature, by joint vote, in such manner as may be prescribed by law.

of

SEC. 5. All civil officers of this state shall be liable Impeachment. to impeachment for any misdemeanor in office.

SEC. 6. The supreme executive power shall be Executive vected in the governor, who shall take care that the power. laws be faithfully executed.

SEC. 7. The governor shall, at the commencement Message of of each session, and at the close of his term of office, governor. 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. The governor may, on extraordinary occa- Convening leg sions, convene the legislature by proclamation, stat- islature. ing therein the purpose for which they are convened, and the legislature shall enter upon no business except that for which they were called together.

Proroguing legi-lature.

SEC. 9. 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.

Appointments SEC. 10. The governor shall nominate and, by and by governor. 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.

Vacancies in office; how filled.

SEC. 11. 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.

Removal of

SEC. 12. The governor shall have power to remove officers. 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.

Pardoning SEC. 13. 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

STATE OF NEBRASKA.

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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.

be commander

SEC. 14. The governor shall be commander in Governor shall chief of the military and naval forces of the state in chief. (except when they shall be called into the service of the United States), and may call out the same to execute the law, suppress insurrection, and repel invasion.

SEC. 15. Every bill passed by the legislature, be- Veto power. fore 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 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 rote 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 (Sunday excepted), after it shall have been presented to him, shall become a law, in like manner 28 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.

governor

SEC. 16. In case of the death, impeachment, and when lieutennotice thereof to the accused, failure to qualify, resig spaliactas nation, absence from the state, or other disability of governor. 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. The lieutenant governor shall be presi- President of dent of the senate, and shall vote only when the senate. senate is equally divided.

Office of gov٠ ernor, how filled.

SEC. 18. 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 is removed; and if the president of the senate, for any of the abovenamed causes, shall become incapable of performing the duties of governor, the same shall devolve upon the speaker of the house of representatives.

lands and buildings.

Board of public SEC. 19. 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.

Vacancies in office, how filled.

SEC. 20. If the office of auditor of public accounts, treasurer, secretary of state, attorney geral, 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.

Accounts of SEC. 21. An account shall be kept by the officers public 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 shall be punished accordingly.

Reports to gov- SEC. 22. The officers of the executive department, officers. 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,