ENABLING ACT.

An act to enable the people of Nebraska to form a constitution and state government, and for the admission of such state into the Union on an equal footing with the original states.

[Passed April 19, 1864, 13th U. S. Statutes at Large, Page 47.]

Be it enacted by the Senate and House of Representatives of the United States of Amer ica in Congress assembled, That the inhabitants of that portion of the territory of Nebraska included in the boundaries hereinafter designated be, and they are hereby, authorized to form for themselves a constitution and state government, with the name aforesaid, which state, when so formed, shall be admitted into the Union as hereinafter provided.

SEC. 2. [Boundaries.]—And be it further enacted, That the said state of Nebraska shall consist of all the territory included within the following boundaries, towit: 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 the 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 twenty-seventh 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.

SEC. 3. [Constitutional convention.]—And be it further enacted, That all persons qualified by law to vote for representatives to the general assembly of said territory shall be qualified to be elected; and they are hereby authorized to vote for and choose representatives to form a convention, under such rules and regulations as the governor of said territory may prescribe, and also to vote upon the acceptance or rejection of such constitution as may be formed by said convention, under such rules and regulations as said convention may prescribe; and if any of said citizens are enlisted in

NOTE. The act cited 4 Neb., 127. 438. The history of the formation and adoption of the constitution stated, 2 Neb, 206. Resident aliens not citizens by virtue of this act, 31 Neb., 682.

SEC. 2. By a subsequent act of congress (16 U. S. Statutes at large, p. 93) the boundary line between Nebraska and Dakota was re-defined. That act was approved by the state legislature, (1871, 131. G. S. 1021,) and stated the boundary line to be: "the center of the main channel of the Missouri river shall be the boundary line between the state of Nebraska and the territory of Dakota, between the following points to-wit: Commencing at a point in the center of said main channel, north of the west line of section twenty-four, in township twenty-nine, north of range eight, east of the sixth principal meridian, and running along the same to a point west of the most northerly portion of fractional section seventeen, of township twenty-nine, north of range nine, east of said meridian in the state of Nebraska, as meandered and shown by the plats and surveys of said sections originally made and now on file in the general land office."

By further act of congress (22 U. S. Statutes at Large, p. 35) the northern boundary was extended (Laws 1882, p. 56)" so as to include all that portion of the territory of Dakota lying south of the forty-third parallel of north latitude, and east of the Keyapaha river and west of the main channel of the Missouri river; and when the nd an title to the lands thus described shall be extinguished, the jurisdiction over said lands shall be, and hereby is, ceded to the state of Nebraska, and subject to all the conditions and limitations provided in the act of Congress admitting Nebraska into the Union; and the northern boundary of the state shall be extended to said fortythird parallel as fully and effectually as if said lands had been included in the boundaries of said state at the time of its admission to the Union, reserving to the United States the original right of soil in said lands and of disposing of the same. Provided, That this act, so far as jurisdiction is concerned, shall not take effect until the president shall, by proclamation, declare that the Indian title to said lands has been extinguished, nor shall it take effect until the state of Nebraska shall have assented to the provisions of this act: and if the state of Nebraska shall not, by an act of its legislature, consent to the provisions of this act within two years next after the passage horeof, this act shall cease and be of no effect." For boundary Nebraska and Iowa, see Nebraska v. Iowa, 145 U. S.. $19.

the army of the United States, and are still within said territory, they shall be permitted to vote at their place of rendezvous; and if any are absent from said territory, by reason of their enlistment in the army of the United States, they shall be permitted to vote at their place of service under the rules and regulations in each case to be prescribed as aforesaid; and the aforesaid representatives to form the aforesaid convention shall be apportioned among the several counties in said territory in proportion to the population as near as may be, and said apportionment shall be made for said territory by the governor, United States district attorney, and chief justice thereof, or any two of them. And the governor of said territory shall, by proclamation, on or before the first Monday of May next, order an election of the representatives aforesaid to be held on the first Monday in June thereafter throughout the territory; and such election shall be conducted in the same manner as is prescribed by the laws of said territory regulating elections therein for members of the house of representatives; and the number of mem-bers to said convention shall be the same as now constitute both branches of the legislature of the aforesaid territory.

SEC. 4. [Meeting and duties of convention.]-And be it further enacted, That the members of the convention thus elected shall meet at the capital of said territory on the first Monday in July next, and after organization shall declare, on behalf of the people of said territory, that they adopt the constitution of the United States; whereupon the said convention shall be, and it is hereby, authorized to form a constitution and state government; Provided, That the constitution when formed shall be republican, and not repugnant to the constitution of the United States and the principles of the Declaration of Independence; And provided further, That said constitution shall provide, by an article forever irrevocable, without the consent of the congress of the United States: First. That slavery or involuntary servitude shall be forever prohibited in said state. Second. That perfect toleration of religious sentiment shall be secured, and no inhabitant of said state shall ever be molested in person or property on account of his or her mode of religious worship. Third. That the people inhabiting said territory do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States, and that the lands belonging to citizens of the United States residing without the said state shall never be taxed higher than the land belonging to residents thereof; and that no taxes shall be imposed by said state on lands or property therein belonging to or which may hereafter be purchased by the United States.

SEC. 5. [Submission to vote of the people.]—And be it further enacted, That in case a constitution and state government shall be formed for the people of said territory of Nebraska, in compliance with the provisions of this act, that said convention forming the same shall provide by ordinance for submitting said constitution to the people of said state for their ratification or rejection at an election to be held on the second Tuesday of October, one thousand eight hundred and sixty-four, at such places and under such regulations as may be prescribed therein, at which election the qualified voters, as hereinbefore provided, shall vote directly for or against the proposed constitution, and the returns of said elections shall be made to the acting governor of the territory, who, together with the United States district attorney and chief justice of the said territory, or any two of them, shall canvass the same, and if a majority of legal votes shall be cast for said constitution in said proposed state, the said acting governor shall certify the same to the president of the United States, together with a copy of said constitution and ordinances; whereupon it shall be the duty of the president of the United States to issue his proclamation declaring the state admitted into the Union on an equal footing with the original states, without any further action whatever on the part of congress.

SEC. 6. [Congressman and officers.]-And be it further enacted, That until the next general census shall be taken, said state of Nebraska shall be entitled to

one representative in the house of representatives of the United States, which representative, together with the governor and state and other officers provided for in said constitution, may be elected on the same day a vote is taken for or against the proposed constitution and state government.

SEC. 7. [School lands.]—And be it further enacted, That sections numbered sixteen and thirty-six in every township, and when such sections have been sold or otherwise disposed of by any act of congress, other lands, equivalent thereto, in legal subdivisions of not less than one quarter-section, and as contiguous as may be, shall be, and are hereby, granted to said state for the support of common schools.

SEC. 8. [Grant for public buildings.]-And be it further enacted, That provided the state of Nebraska shall be admitted into the Union in accordance with the foregoing provisions of this act, that twenty entire sections of the unappropriated public lands within said state, to be selected and located by direction of the legislature thereof, on or before the first day of January, Anno Domini eighteen hundred and sixtyeight, shall be and they are hereby granted, in legal subdivisions of not less than one hundred and sixty acres, to said state, for the purpose of erecting public buildings at the capital of said state for legislative and judicial purposes, in such manner as the legislature shall prescribe.

SEC. 9. [Grant for penitentiary.]—And be it further enacted, That fifty other entire sections of land, as aforesaid, to be selected and located as aforesaid, in legal subdivisions as aforesaid, shall be, and they are hereby, granted to said state for the purpose of erecting a suitable building for a penitentiary or state prison in the manner aforesaid.

SEC. 10. [Grant for university.]—And be it further enacted, That seventytwo other sections of land shall be set apart and reserved for the use and support of a state university, to be selected in manner as aforesaid, and to be appropriated and applied as the legislature of said state may prescribe for the purpose named, and for no other purpose.

SEC. 11. [Salt springs.]-And be it further enacted, That all salt springs within said state, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to said state for its use, the said land to be selected by the governor thereof, within one year after the admission of the state, and when so selected to be used or disposed of on such terms, conditions and regulations as the legislature shall direct, Provided, That no salt spring or lands, the right whereof is now vested in any individual or individuals, or which hereafter shall be confirmed or adjudged to any individual or individuals, shall, by this act, be granted to said state.

SEC. 12. [Five per cent. fund.]-And be it further enacted, That five per centum of the proceeds of the sales of all public lands lying within said state, which have been or shall be sold by the United States prior or subsequent to the admission of said state into the Union, after deducting all expenses incident to the same, shall be paid to the said state for the support of common schools.

SEC. 13. [Laws of the United States-The state and judicial district.]-And be it further enacted, That from and after the admission of the said state of Nebraska into the Union in pursuance of this act, the laws of the United States, not locally inapplicable, shall have the same force and effect within the said state as elsewhere within the United States; and said state shall constitute one judicial district, and be called the district of Nebraska.

SEC. 14. [Expenses of constitutional convention.]-And be it further enacted, That any unexpended balance of the appropriations for said territorial legisla tive expenses of Nebraska remaining for the fiscal years eighteen hundred and sixtythree and eighteen hundred and sixty-four, or so much thereof as may be necessary, shall be applied to and used for defraying the expenses of said convention and for the payment of the members thereof, under the same rules, regulations, and rates as are now provided by law for the payment of the territorial legislature.

Approved, April 19, 1864.

CONSTITUTION

OF THE

STATE OF NEBRASKA.

IN FORCE NOVEMBER 1, 1875.

PREAMBLE.

We, the people, grateful to Almighty God for our freedom, do ordain and establish the following declaration of rights and frame of government, as the constitution of the state of Nebraska.

ARTICLE I.-BILL OF RIGHTS.

SECTION 1. [Equal rights.]—All persons are by nature free and independent; and have certain inherent and inalienable rights; among these are life, liberty, and the pursuit of happiness. To secure these rights, and the protection of property, governments are instituted among people, deriving their just powers from the consent of the governed.

SEC. 2. [Slavery.]-There shall be neither slavery nor involuntary servitude in this state, otherwise than for punishment of crime, whereof the party shall have been duly convicted.

SEC. 3. [Process.]-No person shall be deprived of life, liberty or property, without due process of law.

SEC. 4. [Religious freedom.]-All persons have a natural and indefeasable right to worship Almighty God according to the dictates of their own consciences. No person shall be compelled to attend, erect, or support any place 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. 5. [Freedom of speech.]-Every person may freely speak, write, and publish on all subjects, being responsible for the abuse of that liberty; and in all trials for libel, both civil and criminal, the truth, when published with good motives and for justifiable ends, shall be a sufficient defense.

SEC. 3. Fundamental doctrine of liberty. Bradshaw v. Omaha, 1 Neb., 37. "Without due process of law" and "except by the law of the land" are alike in meaning. Hollenbeck v. Hahn, 2 Neb., 403. A. & N. R. R. v. Baty. 6 Id., 42. Designed to exclude arbitrary power from every branch of the government. A. & N. R. R. v. Baty, 6 Neb., 42. Legislature cannot take private property of one citizen and give it to another or to a corpora tion. Turner v. Althaus, 6 Neb., 71. Tax is "property," and board of assessment cannot raise tax on property without limit and without knowledge of owner. South Platte Land Co. v. Buffalo County, 7 Neb., 258. Legisla ture cannot deprive any one of a vested right. Lincoln B. & S. Assn. v. Graham, 7 Neb., 180. Defendant in mortgage foreclosure may show want of jurisdiction when service is void. Frazier v. Miles, 10 Neb., 114. Complainant in criminal case not liable to imprisonment for non-payment of costs. State v. Ensign, 11 Neb., 532. Courts cannot by simply levying process upon property, without legal notice to debtor, sell same to satisfy debt of creditor. Wescott v. Archer, 12 Neb., 348. Enforcement of penalty for neglect to remove fence not an abridgement of rights under this section. Black v. Stein, 23 Neb., 304. Foreign corporation cannot exercise right of eminent domain. Trester v. M. P. R. R. Co., 23 Neb., 247. No vested right in liquor license. Martin v. State, 23 Neb., 377. Curing defects in previously executed city and village plats is not a deprivation of property of owner without due pros of law. Weeping Water v. Reed, 21 Neb.. 268.

15

SEC. 6. [Trial by jury.]-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 courts inferior to the district court.

SEC. 7. [Search and seizure.]-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 thing to be seized.

SEC. 8. [Habeas corpus.]-The privilege of the writ of habeas corpus shall not be suspended, unless, in case of rebellion or invasion, the public safety requires it, and then only in such manner as shall be precribed by law.

SEC. 9. [Bail.]-All persons shall be bailable by sufficient sureties, except for treason and murder, where the proof is evident or the presumption great. Excessive bai! shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

SEC. 10. [Criminal offenses.]-No person shall be held to answer for a criminal offense, except in cases in which the punishment is by fine or imprisonment, otherwise than in the penitentiary, in case of impeachment, and in cases arising in the army and navy or in the militia, when in actual service in time of war or public danger, unless on a presentment or indictment of a grand jury; Provided, That the legislature may, by law, provide for holding persons to answer for criminal offenses on information of a public prosecutor; and may, by law, abolish, limit, change, amend, or otherwise regulate the grand jury system.

SEC. 11. [Impartial criminal trials.]-In all criminal prosecutions the accused shall have the right to appear and defend in person or by counsel, to demand the nature and cause of accusation, and to have a copy thereof; to meet the witnesses against him face to face; to have process to compel the attendance of witnesses in his behalf, and a speedy public trial by an impartial jury of the county or district in which the offense is alleged to have been committed.

SEC. 12. [Twice in jeopardy.]-No person shall be compelled, in any criminal case, to give evidence against himself, or be twice put in jeopardy for the same offense.

SEC. 13. [Justice administered without delay.]—All courts shall be open, and every person, for any injury done him in his lands, goods, person or reputation, shall have a remedy by due course of law, and justice administered without denial or delay.

SEC. 14. Treason against the state shall consist only in levying war against the state, 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. 6. Action of an equitable nature not subject to jury trial. Mills v. Miller, 3 Neb., 94. Jury trial allowed in cases of mutual accounts. Lamaster v. Scofield, 5 Neb., 156. Trial of right of property under secs 486488. civil code. Storms v. Eaton, 5 Neb., 458. Sec. 18, chẩn, 50, not a violation of this section. Plenler v. State. 11 Neb., 573. Trial by jury may be waived. Gregory v. Lincoln, 13 Neb., 357. Summary punishment for contempt, without trial by jury, permissible. Gandy v. State, 13 Neb., 451. Garnishee entitled to trial by jury. Clark v. Foxworthy, 14 Neb., 242. Jury not allowed on foreclosure of mechanic's lien. Doble v, Omaha Foundry, 15 Neb.. 437. Rights of counties in claims against county. County of Boone v. Armstrong, 23 Neb., 766. Jury not allowed in prosecutions for violations of city ordinances. Liberman v. State, 26 Neb., 464. SEC. 9. Duty of courts not to require "excessive bail." Miller v. Woods, 23 Neb., 209. SEC. 10. Prosecution by information authorized. Miller v. State, 29 Neb., 440.

SEC. 11. Sec. 468 criminal code is not in conuict with this section. Curry v. State, 4 Neb., 548. Carroll . State, 5 Neb., 34. Trial of crimes committed in unorganized territory and counties may be had in any other county of district designated by judge. Dodge v. People, 4 Neb., 225. But not where county is organized from unorgan. ized territory and not attached to any district. Olive v. State, 11 Neb., 12, 13, 18. Jury should come from vicinage where crime is committed. Id., 14. Complainant in criminal prosecution not subject to imprisonment for costs. State v. Ensign, 11 Neb., 532. Jury trial not allowed in contempt cases. Gandy v. State, 13 Neb., 451. County not liable for defendant's witness costs, where he is indicted for felony. Hewerkle v. Gage County, 14 Neb., 19. Testimony of deceased witness at former trial may be shown. Hair v. State, 16 Neb., 405. Duty of court to grant change of venue. Richmond v. State, 16 Neb., 391. Simmerman v. State, Id., 617. Cited Thurman v. State, 27 Neb. 628. Refers only to trial of issue of fact. Miller v. State, 29 Neb., 379.

SEC. 12. Rule cannot span country and country in such a way as to cause jeopardy in one to free party from trial in another. Marshall v. State, 6 Neb., 122. Section does not apply to mere civil actions for recovery of penalties. Mitchell v. State, 12 Neb., 541. Verdict on first trial, of murder in first degree, not an acquittal of crime of murder in first degree at second trial. Bohanan v. State, 18 Neb., 60. Plea of antrefois acquit in cases stated. Conklin v. State, 25 Neb., 794. Murphy v. State, Id., 809.

SEC. 13. Cited 20 Neb., 604. Legislature is clothed with power to furnish necessary tribunals for prompt disposition of cases. In re Groff, 21 Neb., 661.