SEC. 23. There shall be a seal of the state, which Seal of state. 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. The salaries of the governor, auditor of Salaries of public accounts, and treasurer shall be two thousand officers. five hundred ($2,500) 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 ($2,000) 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, interests 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. The officers mentioned in this article shall Bonds of give bonds in not less than double the amount of officers. 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 No other office continued or created, and the duties now devolving to be created. 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 Judicial power. be vested in the 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. The supreme court shall consist of three supreme court; judges, a majority of whom shall be necessary to form jurisdiction. 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 jurisdictions as may be provided by law. Terms of SEC. 3. At least two terms of the supreme court supreme court. shall be held each year at the seat of government. Election of judges. SEC. 4. 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. How classified. SEC. 5. The judges of the supreme court shall, immediately after the 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. Chief justice. SEC. 6. 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. Who not eligi- SEC. 7. No person shall be eligible to the office of ble to be judge. 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. Reporter of copyright of SEC. 8. There shall be appointed by the supreme supreme court: court a reporter, who shall also act as clerk of the reports. 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. Jurisdiction of SEC. 9. The district courts shall have both chandistrict courts cery 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. Judicial districts. SEC. 10. 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. Unless otherwise provided by law, said districts 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. The legislature, whenever two-thirds of May be the members elected to each house shall concur increased. 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. courts for each SEC. 12. The judges of the district courts may Judges to hold hold courts for each other, and shall do so when re- other. quired by law. SEC. 13. The judges of the supreme and district Salary of courts shall each receive a salary of $2,500 per an- judges. num, payable quarterly. SEC. 14. No judge of the supreme or district No other comcourt shall receive any other compensation, perqui- pensation. site, or benefits for or on account of his office in any form whatsoever, nor act as attorney or counselor-at-law, in any manner whatever; nor shall any salary be paid to any county judge. SEC. 15. There shall be elected in and for each or- County judge. ganized 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 shall be courts of record, Jurisdiction of and shall have original jurisdiction in all matters of county courts. 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 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. Appeals to SEC. 17. Appeals to the district courts from the district court. 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. Justices of the SEC. 18. Justices of the peace and police magispeace; jurisdiction. trates shall be elected in and for such districts, and have and exercise such jurisdiction as may be provided by law; Provided, That no justice of the peace shall have jurisdiction of any civil case where the amount in controversy shall exceed two hundred dollars; nor in a criminal case where the punishment may exceed three 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. ing courts to Laws govern- SEC. 19. All laws relating to courts shall be genbe uniform, eral and of uniform operation, and the organization, jurisdiction, powers, proceedings, 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. Terms of office. SEC. 20. 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 provided by law. Vacancies in office of judges, SEC. 21. In case the office of any judge of the suhow filled. preme court, or of any district court, shall become vacant before the expiration of the regular term for which he was elected, the vacancy shall be filled by appointment by the governor until a successor shall be elected and qualified, and such successor shall be elected for the unexpired term at the first general election that occurs more than thirty days after the vacancy shall have happened. Vacancies in all other elective offices provided for in this article shall be filled by election, but when the unexpired term does not exceed one year the vacancy may be filled by appointment, in such manner as the legislature may provide. SEC. 22. The state may sue and be sued, and the suits by and legislature shall provide by law in what manner and against state. in what courts suits shall be brought. chambers. SEC. 23. The several judges of the courts of record Jurisdiction at shall have jurisdiction at chambers as may be provided by law. SEC. 24. All process shall run in the name of "The style of proState of Nebraska," and all prosecutions shall be car- cess. ried on in the name of "The State of Nebraska." ARTICLE VII. RIGHTS OF SUFFRAGE. SECTION 1. Every male person of the age of who are twenty-one years or upwards belonging to either of electors. the following classes, who shall have resided in the state six months, and in the county, precinct, or ward for the term provided by law, shall be an elector. First. Citizens of the United States. Second. Persons of foreign birth who shall have declared their intention to become citizens conformably to the laws of the United States on the subject of naturalization at least thirty days prior to an election. SEC. 2. No person shall be qualified to vote who is who not quali non compos mentis, or who has been convicted of fied. treason or felony under the law of the state, or of the United States, unless restored to civil rights. military serv SEC. 3. Every elector in the actual military serv- Electors in ice of the United States, or of this state, and not in ice. the regular army, may exercise the right of suffrage at such place, and under such regulations as may be provided by law. SEC. 4. No soldier, seaman, or marine in the army soldiers or stilors not and navy of the United States shall be deemed a resi- electors. dent of the state in consequence of being stationed therein. SEC. 5. Electors shall in all cases, except treason, Electors privi leged from felony, or breach of the peace, be privileged from ar- arrest. rest during their attendance at elections, and going to and returning from the same, and no elector shall be obliged to do military duty on the day of election, except in time of war and public danger. SEC. 6. All votes shall be by ballot. |