SEC. 4. The Legislature shall provide for the organization of cities and incorporated villages by general laws; and restrict their power of taxation, assessment, borrowing money, contracting debts and loaning their credits, so as to prevent the abuse of such power. AMENDMENTS. SEC. 1. If at any time a majority of the Senate and House of Representatives shall deem it necessary to call a convention to revise or change this Constitution, they shall recommend to the electors to vote for or against a convention at the next election for members of the Legislature; and if it shall appear that a majority of the electors voting thereon have voted for a convention, the Legislature shall at its next session provide for calling such convention. BOUNDARIES. SEC. 1. The State of Nebraska shall consist of all the territory included within the following boundaries, to-wit: Commencing at a point formed by the intersection of the western boundary of the State of Missouri, with the fortieth degree of north latitude; extending thence due west along said fortieth degree of north latitude, to a point formed by its intersection with twenty-fifth degree of longitude west from Washington; thence north along said twenty-fifth degree of longitude, to a point formed by its intersection with the forty-first degree of north latitude; thence west along said forty-first degree of north latitude to a point formed by its intersection with the twentyseventh degree of longitude west from Washington; thence north along said twenty-seventh degree of west longitude, to a point formed by its intersection with the forty-third degree of north latitude; thence east along said forty-third degree of north latitude to the Reya Paha river; thence down the middle of the channel of said river, with its meanderings, to its junction with the Niobrara River; thence down the middle of the channel of said Niobrara River, and following the meanderings thereof to its junction with the Missouri River; thence down the middle of the channel of said Missouri River, and following the meanderings thereof to the place of beginning. SCHEDULE. SEC. 1. That no inconvenience may arise from the change of territorial government to a State government, it is declared that all rights, suits, actions, prosecutions, judgments, recognizances, claims and contracts, both as respects persons and bodies corporate, shall continue and be enforced as if no change had taken place, and all laws now in force shall remain in force until altered, amended, or appealed by the Legislature; Provided, wherever the word Territory shall occur, it shall be construed to mean State, whenever it may be necessary, in order that such laws may conform to the State government. SEC. 2. All debts, fines, penalties, recognizances, and forfeitures, due and owing to Territory of Nebraska, shall insure to the benefit of the State, and all obligations and bonds to the Territory of Nebraska or any office thereof, shall be esteemed and taken as due and owing to the State of Nebraska, and may be in such manner enforced. SEC. 3. The Governor and all other officers of the Territorial government, shall continue to discharge and exercise the duties of their respective offices, until superseded by the provisions of this Constitution or the officers appointed or elected by authority of its provisions. SEC. 4. The first election for Governor, Secretary of State, Auditor of State, one Representative to Congress, the Justice of the Supreme Court, the members of the Senate and House of Representatives, shall be held on the second day of June, one thousand eight hundred and sixty-six, at the places and in the manner now prescribed by law for general elections. The members of the Senate shall be elected in and from the same districts that are now prescribed by law for councilmen districts. The members of the House of Representatives shall be elected in and from the same districts that are now prescribed by law, for members of the House of Representatives of the Territory of Nebraska, and all the officers mentioned, to-wit: Senators and Representatives shall hold their offices until the first Monday in January, A. D. 1867; Governor, Secretary of State, State Auditor and Treasurer, until the second Monday in January, A. D. 1869, and until their successors are elected and qualified; the Supreme Judges until the first day of January, A. D. 1873. SEC. 5. The first session of the Legislature shall be held at the capitol in the city of Omaha, commencing on the fourth day of July, A. D. 1866. SEC. 6. This Constitution is formed, and the State of Nebraska asks to be admitted into the Union on an equal footing with the original States on the condition and faith of the terms of the propositions stated and specified in an act of Congress approved April nineteenth, 1864, authorizing the people of the Territory to form a Constitution and State Government; the people of the State of Nebraska hereby accepting the conditions in said act specified. SEC. 7. The foregoing Constitution shall be submitted to the electors of the Territory of Nebraska at an election to be held on the second day of June in the year one thousand eight hundred and sixty-six, in the several election districts of this Territory. The ballots at such elections shall be written or printed as follows: Those in favor of the Constitution, "For the Constitution." The polls at such elections shall be open at the hour of nine o'clock A. M., and close at six o'clock P. M., and the returns of such elections shall be made to the acting Governor of the Territory, who, together with the United States District Attorney and Chief Justice of the Territory, or any two of them, shall canvass the same, and if a majority of the legal votes shall be cast for said Constitution, the same shall be the Constitution of Nebraska. Said Governor shall certify the same to the President of the United States; Provided, that the said election shall be conducted and the returns made in the same manner and under the same regulations as are prescribed by law, in the case of the election of Territorial officers The election returns for the Governor, Secretary of State, Auditor, Treasurer and Supreme Judges, shall be made to the same offices, and the canvass of such return made in the same manner as is now prescribed by law for Delegates in Congress. Resolved by the Council and House of Representatves of the Territory of Nebraska,. That the forgoing Constitution be submitted to the qualified electors of the Territory, for their adoption or rejection, at an election, hereby authorized to be held at the time and in the manner specified in the seventh (7th) section of the Schedule of said Constitution, and that the returns and canvass of the votes cast at said election be made as in said section prescribed. JAMES G. MEGEATH, Approved February 9th, 1866. Speaker of the House of Representatives. O. P. MASON, President of the Council. ALVIN SAUNDERS, Governor of the Territory of Nebraska. GENERAL LAWS. AN ACT To Transfer the Sinking and Military Funds to the General Fund. moneys fund to the SECTION 1. Be it enacted by the Legislature of the State of Nebraska, That the sinking fund now in the State Treasury, Transfer of together with whatever amount there is still remaining in the from sinking and hands of the State Treasurer of the militia fund, refunded to the militia State of Nebraska as re-imbursement for expenses incurred in gen'l fund. organizing and equiping the militia, from the general government, be, and the same is hereby transferred to the general fund of the State, to be paid out and disposed of in the same manner, and for like purposes, as other monies belonging to said fund; also, all delinquent taxes belonging to said sinking fund which may be paid into the State Treasury, and the sinking fund taxes of 1868 be transferred to the general fund. SEC. 2. This act shall be in force from and after its passage. AN ACT from sale To Exempt from Sale on Execution Property Used and Kept to Extinguish Fires. SECTION 1. Be it enacted by the Legislature of the State of Nebraska, That all fire engines, hose, hose carriages, ladders, Exempt buckets, and all vehicles, machinery and appliances of every kind, property kept for used or kept by incorporate cities, villages or fire companies, for putting out the purpose of extinguishing fire, be, and the same is hereby exempt from execution and sale, to satisfy any debt, judgment or decree arising upon contract or otherwise: Provided, That the provisions of this act shall not affect any voluntary lien created by fires. bill of sale, mortgage, or otherwise, on such property, by the SEC. 2. This act to be in force from and after its passage. tion to pay AN ACT Making Appropriation for the Payment of Per Diem and Mileage of the Members, SECTION 1. Be it enacted by the Legislature of the State of Appropria- Nebraska, That the sum of ten thousand dollars, or so much per diem. thereof as may be necessary, be, and the same is hereby appropriof Legislators. ated for the payment of the per diem and mileage of the members, officers and employees, and the incidental expenses of the Legislature of the State of Nebraska, convened on the 7th day of January, 1869. SEC. 2. The State Auditor is hereby authorized to draw his warrant upon the State Treasurer for the several amounts due the members and employees for per diem and mileage allowed by law. SEC. 3. This act to be in force from and after its passage. Approved January 26, 1869. Relief of mal School at Peru. AN ACT For the Relief of the State Normal School. SECTION 1. Be it enacted by the Legislature of the State of State Nor- Nebraska, That there is hereby appropriated out of the general funds of the State, not otherwise appropriated, the sum of ten thousand dollars, for the benefit of the State Normal Sohool located at Peru, in the State of Nebraska, in accordance with the provisions of an Act entitled "An Act to locate, establish and endow a State Normal School," approved June 20th, 1867. Repairing. SEC. 2. The said sum hereby appropriated shall be expended as follows: : First, In paying the outstanding debt incurred by the Board of Education of said School in furnishing the Normal School building and employing teachers since the said School was established. Second, In repairing, finishing and furnishing the said Normal School building as far as may be necessary, building the necessary outhouses and enclosing the ground. |