give bond to the satisfaction of the Judge, and take the oath prescribed in this section, and shall have all the powers and perform all the duties imposed upon the clerk, and be paid out of the city treasury, on the order of the City Council, at the same rate as the clerk is paid for similar services. Provided, That such appointment shall be valid only until the disability of such clerk may be removed.

shall

propria

quire a ma

read three

times un

of rules

pended.

shall hold

for one

his term, which shall be made or

SEC. 41. All by-laws or ordinances, and all resolutions or orders for the appropriation of money, or the payment thereof, shall require Money apfor their passage or adoption the concurrence of a majority of all tions rethe members elected to the City Council; all by-laws or ordinances jority vote. of a general or permanent nature shall be fully and distinctly read, Ordinances on three different days, unless three-fourths of the Council in which different the same may be pending, shall dispense with the rule; no by-law less in case or ordinance shall contain more than one subject, which shall be being susclearly expressed in its title; and no by-law or ordinance or section thereof, shall be revived or amended unless the new by-law or ordinance contain the entire by-law or ordinance or section revived or amended; and the by-law or ordinance or section or sections so amended shall be repealed. No trustee or member of any City No trustee Council shall, during the term for which he shall have been elected, any office or for one year thereafter, be appointed to any municipal office year after which shall have been created or the emoluments of which have been increased during the term for which he shall have elected; no such trustee or member shall be appointed to municipal office except in the cases provided in this act, during the time for which he may have been elected; nor shall such trustee or member be interested, directly nor indirectly, in the profits of any contract or job for work or services to be performed for the corporation. The emoluments of no officer whose election or appointment is required in this act, shall be increased or diminished during the term for which he may have been elected or appointed, nor shall any change of compensation effect any officer whose office shall be created under the authority of this act, during his existing term, unless the office be abolished; and no person who shall have resigned or vacated any office shall be eligible to the same during the period of time for which he was elected or appointed to serve, where, during the same time, the emoluments may have been increased.

been salary in

creased

any during his

term.

Ordinances

to be republished

per.

SEC. 42. All by-laws or ordinances shall, as soon as may be after corded and their passage, be recorded in a book kept for that purpose, and be in newspa- anthenticated by the signatures of the presiding officer of the Council and the Clerk; and all by-laws or ordinances of a general or permanent nature, and those imposing any penalty, fine or forfeiture, shall be published in some newspaper of general circulation in the city, and it shall be deemed a sufficient defense to any suit or prosecution for such fine, penalty or forfeiture, to show that no such publication has been made.

All officers to be elect

ed by a viva

Vote recorded.

SEC. 43. All appointments of officers by any City Council shall voce vote. be made viva voce, and a concurrence of a majority of the whole number of members elected to such Council shall be necessary to such appointment. The names of those voting and for whom they voted on the vote resulting in an appointment shall be recorded, No money shall be appropriated by Council except by ordinance, and on the final passage of all ordinances, resolutions or by-laws, providing for any contract the yeas and nays shall be recorded, and the concurrence of a majority of the whole number of members of which the City Council is composed, shall be required to pass the

No street opened or

property condemned

thirds of trustees concur

same.

SEC. 44. No street or highway shall be opened, straightened or private widened nor shall any other improvement be made which will require unless two-proceedings to condemn private property, without the concurrence in the by-laws resolutions or ordinances directing the same of twothirds of the whole number of members elected to the Council, and the concurrence of a like majority shall be required to direct any improvement of any street or highway, the cost of which is to be assessed on the owners of property, unless two-thirds of the owners to be charged shall petition in writing therefor, in which case a majority of the whole Council shall only be required.

Mayor and

nicipal offi

SEC. 45. That the Mayor, Trustees, Marshal, and all other other mu- officers heretofore elected by the people of any municipal corporation cers elected which shall come within the requirements and provisions of this until next act, who are now in office, shall remain and continue in their

to remain

general election, and ordi

nances re

main in force.

respec

tive offices, and perform the several duties thereof under the provisions of this act, until the first general election for city officers provided for in this act, and until their successors are elected and qualified as hereinbefore provided, and all laws, ordinances and resolutions heretofore lawfully passed and adopted by the City

Council, shall be, remain and continue in force until altered or repealed by the City Council established by this act.

collect tax on dogs and other

SEC. 46. That the City Council, whenever, in their opinion the interests of the corporation require it, shall have power to levy and Levy and collect a tax on dogs and other domestic animals not included in the list of taxable property for State and county purposes, said tax shall be collected by the collector of such corporation, and be paid into the treasury thereof.

which animals.

City Coun

cil have

power to

shows, ped

tioneers,

SEC. 47. The City Council shall have power to license all exhibitors of shows, and performances of every kind not otherwise prohibited by law, all hawkers and peddlers, all auctioneers of horses license or other animals in the highways or public grounds of the city; all lers, aucvenders of gun powder, all taverns and houses of public entertain- &c. ment; all hucksters in the public streets or markets; and in granting such license may exact and receive such sum or sums of money as the Council shall think fit and expedient. Any such Council may also require the owners of all vehicles of every des- Livery cription, used for the carriage or transportation of persons or property for hire in the corporation; all undertakers or owners of hearses Undertakto take out a license; but the owner of any such vehicle may be made liable for the breach of any ordinance regulating the conduct of the drivers thereof.

stables.

ers, &c.

Ordinance

Gas Com

price for

SEC. 48. The City Council of any city in which a gas company has been or may be hereafter established, shall have power to fix, from time to time, by ordinance, the minimum price at which such relating to Council shall require such gas company to furnish gas to the citizens pany, fix or public buildings of such city, or for the purpose of lighting the public and streets, alleys and public grounds thereof, for any period not exceed private use ing ten years; and from and after the assent of the company to such ordinance, by a written acceptance thereof filed in the Clerk's office of such city, it shall not be lawful for said City Council to require the said company to furnish gas to the citizens, public buildings, public grounds or public lamps of such city, at a less price during the period of time agreed upon, not exceeding ten years as aforesaid: Provided, That this act shall not operate to impair or effect any contract heretofore made between any city and any gas light or gas light and coke company.

Power to punish vagrants, prostitutes,

SEC. 49. The City Council shall have power to provide for the punishment of vagrants, common street beggars, common prosti- gamblers tutes, habitual disturbers of the peace, known or reputed pickpock-ards. and drunk

SEC. 5. The right of trial by jury shall remain inviolate, but the Legislature may authorize trial by a jury of a less number than twelve men, in inferior courts.

SEC. 6. All persons shall be bailable by sufficient sureties, except for capital offenses, where the proof is evident, or the presumption great. Excessive bail shall not be required; nor excessive fines imposed, nor cruel and unusual punishments inflicted.

SEC. 7. In all criminal prosecutions and in cases involving the life or liberty of an individual, the accused shall have a right to a speedy and public trial by an impartial jury; to be informed of the accusation against him; to have a copy of the same when demanded; to be confronted with the witnesses against him; to have compulsory process for his witnesses; and to have the

assistance of counsel.

SEC. 8. No person shall be held to answer for a criminal offense unless on the presentment or indictment of a grand jury except in cases of impeachment, or in cases cognizable by justices of the peace, or arising in the army or navy, or in the militia, when in actual service in time of war, or public danger; and no person for the same offense shall be put twice in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against himself. All persons shall, before conviction, be bailable by sufficient sureties, except for capital offenses, when the proof is evident or the presumption great; and the privilege of the writ of habeas corpus shall not be suspended, unless when, in cases of rebellion or invasion, the public safety may require.

SEC. 9. All courts shall be open, and every person, for any injury done him in his land, goods, person or reputation, shall have remedy by due course of law, and justice administered without denial or delay.

SEC. 10. Treason against the State shall consist only in levying war against the same, or in adhering to its enemies, giving them aid and comfort. No person shall be convicted of treason unless on the testimony of two witnesses to the same overt act, or on confession in open court.

SEC. 11. The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures shall not be violated; and no warrant shall issue but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the person or things to be seized.

SEC. 12. No bill of attainder, ex-post-facto law, or any law impairing the obligation of contracts shall ever be passed; and no conviction shall work corruption of blood or forfeiture of estate.

SEC. 13. The property of no person shall be taken for public use without just compensation therefor.

SEC. 14. No distinction shall ever be made by law between resident aliens and citizens in reference to the possession, enjoyment, or descent of property.

SEC. 15. No person shall be imprisoned for debt in any civil action on mesne or final process, unless in cases of fraud.

SEC. 16. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own conscience. No person

shall be compelled to attend, erect, or support any place of worship, or maintain any form of worship against his consent, and no preference shall be given by law to any religious society, nor shall any interference with the rights of conscience be permitted. No religious test shall be required as a qualification for office, nor shall any person be incompetent to be a witness on account of his religious belief; but nothing herein shall be construed to dispense with oaths and affirmations. Religion, morality, and knowledge, however, being essential to good government, it shall be the duty of the Legislature to pass suitable laws to protect every religious denomination in the peaceable enjoyment of its own mode of public worship, and to encourage schools and the means of instruction.

SEC. 17. The military shall be in strict subordination to the civil power. SEC. 18. The writ of error shall be the writ of right in all capital cases, and shall operate as a supersedeas to stay the execution of the sentence of death until the further order of the Supreme Court in the premises.

SEC. 19. The blessings of a free government can only be maintained by a firm adherence to justice, moderation, temperance frugality, and virtue, and by frequent recurrence to fundamental principles.

SEC. 20. This enumeration of rights shall not be construed to impair or deny others retained by the people, and all powers not herein delegated remain with the people.

ARTICLE II.

LEGISLATIVE.

SEC. 1. The legislative authority of this State shall be vested in a General Assembly, which shall consist of a Senate and House of Representatives, and the style of every law shall be,

"Be it enacted by the Legislature of the State of Nebraska."

SEC. 2. Every male person of the age of twenty-one years, or upwards, belonging to either of the following classes, who shall have resided in the State, county, precinct and ward, for the time provided by law, shall be an elector :

First-White citizens of the United States.

Second-White persons of foreign birth who shall have declared their intention to become citizens conformable to the laws of the United States on the subject of naturalization.

SEC. 3. The Legislature shall provide by law for an enumeration of the inhabitants of the State in the year one thousand eight hundred and seventyfive, and at the end of every ten years thereafter; and at their first session after such enumeration, and also after each enumeration made by the authority of the United States, the Legislature shall apportion and district anew the members of the Senate and House of Representatives, according to the number of inhabitants, excluding Indians not taxed, and soldiers and officers of the United States army and navy.

SEC. 4. Senators and Representatives shall be elected bi-ennially, by the electors in the respective counties or districts, on the second Tuesday of