pupils. In 1908, however, almost all the tribal lands had been distributed
in severalty: the Niobrara Reservation (under the Santee
government boarding school for the Santee Sioux and the Ponca) had
only 1130·7 acres reserved for agency, school and mission purposes;
the Ponca Reservation (under the same school) had only 160 acres
reserved for agency and school buildings; the Omaha Reservation
(under the Omaha School) had 12,421 acres unallotted; the Sioux
Reservation (under the Pine Ridge Agency) for Oglala Sioux had
640 acres; and the Winnebago Reservation (under the Winnebago
School) had 1710·8 acres unallotted and 480 reserved for agency, &c.
Government.—The present constitution, adopted in 1875, replaced one adopted in 1866. In 1871 a convention framed a constitution that was rejected by the people. It provided for compulsory education, and for the taxation of church property; prohibited the grant by counties or cities of financial aid to railway or other corporations, and enjoined that railways should have an easement only in their right of way. The last two provisions were mainly responsible for the defeat of the constitution. The instrument of 1875 presents a few variations from the normal type, and under it a few interesting problems have arisen. The constitution provides two methods for amendment. A convention for revising or amending the constitution is to be held in case a recommendation to that effect made by the legislature (a three-fifths vote of all the members of each house being required) is accepted by a majority of the electors voting at the next election for members of the legislature, but no amendment agreed upon by the convention is to take effect until approved by a majority of electors voting on it. Without calling a convention, however, the legislature may, by a three-fifths vote of all the members of each house, adopt an amendment, which is to come into effect only if approved by a majority of electors voting at the next election of senators and representatives—the publication of the proposed amendment in some newspaper in each county once a week for three months before the election being required. This has been interpreted by the courts as requiring a majority of the votes actually cast for senators and representatives. As there is less interest in amendments than in the election of members of the legislature, only two out of a large number of amendments proposed from time to time by three-fifths of the members elected to each house have been adopted. The first of these, increasing the pay per day to the members of the legislature and providing for longer sessions,[1] was declared lost by the official canvassers, but when (1886) the ballots had been recounted by the legislature it was declared adopted. The second (1906), creating a railway commission, was endorsed by a political party in state convention, was printed on the same ballot-paper with the names of the party candidates for office in order to secure for it all “straight” party votes, and by this procedure, which was upheld by the state supreme court in 1907, it was adopted. All male persons who are citizens of the United States or have declared their intention to become such at least thirty days before an election have the right of suffrage provided they have attained the age of twenty-one years, have resided in the state six months, are not of unsound mind, and have not been convicted of treason or felony. Women who have either children or taxable property may vote on questions relating to schools. The general election of state and local officers is held annually on the first Tuesday succeeding the first Monday in November, but municipal and school district elections may be held at other times. The secret ballot was adopted in 1891; the use of the voting machines was authorized in 1899; and the nomination of candidates by primaries was made mandatory in 1907. By a provision unique in 1875, the constitution authorized the legislature to provide that the electors might express their preferences for United States senators; but this was not treated as mandatory on the legislature, and though votes were at times taken (1886, 1894), they were not officially canvassed, nor were any senatorial elections materially affected by them. In 1907, under a direct primary law, the nomination of candidates for United States senator was transferred from the party convention directly to the people; and in 1909 the “Oregon plan” was adopted, whereby each candidate for the legislature must go on record as promising, or not, always to vote for the people’s choice for United States senator; on the ballot which bears the name of each candidate for the legislature there appears a statement that he “promises,” or that he “will not promise,” to vote for the “people’s choice.” In the same year the state enacted a law providing for the non-partisan nomination of all judges, of all superintendents of public instruction and of regents of the state university; nominations are by petition, and there is a separate “official non-partisan ballot” bearing the names and addresses of the nominees and the titles of the office for which they are nominated. The legislature of 1909 also provided for open election primaries and for the framing of state party platforms by convention before the time of the primary.
The governor is the chief executive officer of the state, but quite independent of him are a lieutenant-governor, a secretary of state, an auditor of public accounts, a treasurer, a superintendent of public instruction, an attorney-general and a commissioner of public lands and buildings, who, as well as the governor, are elected for a term of two years. The governor’s appointing power is almost entirely limited to officers of state institutions, and for every appointment he makes the approval of the Senate is required; but he need not ask the consent of that body to remove for incompetency, neglect of duty or malfeasance in office “any officer whom he may appoint.” His constitutional power to pardon is regulated by an act of the legislature (1907) which requires that he shall in no instance grant a pardon until the attorney-general shall have investigated the case and conducted a public hearing. His veto power extends to items in appropriation bills, but any bill or item may be passed over his veto by three-fifths of the members elected to each house of the legislature. The most important board of which he is chairman is the state board of equalization. As the present constitution was adopted in the year after a grasshopper plague, which had caused great financial loss, it limited the salary of the governor, auditor of public accounts and treasurer, as well as that of the judges of the supreme and district courts, to $2500 each and that of other important officers (including the secretary of state, the attorney-general and the superintendent of public instruction) to $2000. This economy has somewhat hampered the growing state. Salaries have been too low to attract the ablest men; and as the constitution forbade the creation of new offices, and no amendment of this clause could be secured, resort was had to the creation of additional “secretaries” and of boards constituted of existing state officials or their secretaries.
The legislature consists of a Senate of 33 members and a House of Representatives of 100 members, and meets in regular session on the first Tuesday in January of every odd-numbered year at Lincoln, the capital. Both senators and representatives are apportioned according to population, and are elected by districts in November of each even-numbered year for a term of two years. They are paid at the rate of five dollars a day during 60 days of a regular session and not exceeding 100 days during their entire term. No bill or joint resolution may be introduced at a regular session after its fortieth day except at the request of the governor. Special legislation of various kinds is expressly prohibited, and in the bill of rights it is declared that “all powers not herein delegated remain with the people.” This clause would seem to leave the state government with no powers not expressly granted, and to make the rule for interpreting the Nebraska constitution similar to that for interpreting the Federal constitution; but in their practice the Nebraska courts have been little influenced by it, and it is chiefly of historical interest.[2]
The administration of justice is vested in a supreme court, 15 district courts, county courts and courts of justices of the peace and police magistrates. The supreme court consists of three judges elected for a term of six years, one retiring every two years; each district court consists of one to seven judges elected for a term of four years, and each county court consists of one judge elected for a term of two years. The county courts have exclusive original jurisdiction in the probate of wills and the administration of estates, concurrent jurisdiction with the district courts in civil suits for sums not exceeding $1000, and important jurisdiction in criminal cases. Perhaps
the most unique provision of the Nebraska constitution is that- ↑ The amendment increased the pay of members from three dollars to five dollars a day “during their sitting,” and provided that sessions should last at least sixty days, and that members should not receive pay “for more than sixty days at any one sitting”; the original constitution had provided that they should “not receive pay for more than forty days at any one session” and had prescribed no minimum length for a session.
- ↑ An almost identical clause was inserted in the Ohio constitution of 1802, and one in exactly the same language appears in the present (1851) constitution of that state; it appears also in the Kansas constitutions of 1855, 1858 and 1859 (present), in the Nebraska constitution of 1866, in the North Carolina and South Carolina constitutions of 1868, and was retained in the present constitution oi North Carolina as amended in 1876.
