shall remain binding and valid, and rights and liabilities upon the same shall continue, and all crimes and misdemeanors shall be tried and punished as though no change had been made in the constitution of this state.

SEC. 4. [Jurisdiction of courts.]-All existing courts which are not in this constitution specifically enumerated, and concerning which no other provision is herein made, shall continue in existence, and exercise their present jurisdiction until otherwise provided by law.

SEC. 5. [Persons to continue in office.]-All persons now filling any of fice or appointment, shall continue in the exercise of the duties thereof, according to their respective commissions, elections, or appointments, unless by this constitution it is otherwise directed.

SEC. 6. The district attorneys now in office shall continue during their unexpired terms to hold and exercise the duties of their respective offices in the judicial districts herein created, in which they severally reside. In each of the remaining districts one such officer shall be elected at the first general election, and hold his office until the expiration of the terms of those now in office.

SEC. 7. This constitution shall be submitted to the people of the state of Nebraska, for adoption or rejection, at an election to be held on the second Tuesday of October, 1875, and there shall be separately submitted at the same time, for adoption or rejection, the independent article relating to "Seat of government," and the independent article "Allowing electors to express their preference for United States senator."

SEC. 8. [Election.]-At said election the qualified electors shall vote at the usual places of voting, and the said election shall be conducted and the returns thereof made according to the laws now in force regulating general elections, except as herein otherwise provided.

SEC. 9. The secretary of state shall, at least twenty days before said elec tion, cause to be delivered to the county clerk of each county, blank poll-books, tally lists, and forms of return, and twice as many of properly prepared printed ballots for the said election as there are voters in such county, the expense whereof shall be audited and paid as other public printing ordered by the secretary is by law required to be audited and paid; and the several county clerks shall, at least five days before said election, cause to be distributed to the judges of election, in each election precinct in their respective counties, said blank poll-books, tally lists, forms of return, and tickets. SEC. 10. [Forms of ballot.]-At the said election the ballots shall be of the following form:

For the new constitution.

Against the new constitution.

For the article relating to "Seat of government."

Against the article relating to "Seat of government."

For the article "Allowing electors to express their preference for United States senator."

Against the article "Allowing electors to express their preference for United States senator."

SEC. 11. [Returns of election.]-The returns of the whole vote cast, and of the votes for the adoption or rejection of this constitution, and for or against the articles respectively submitted shall be made by the several county clerks to the secretary of state, within fourteen days after the election, and the returns of the said vote, shall, within three days thereafter, be examined and canvassed by the president of this convention, the secretary of state, and the governor, or any two of them, and proclamation shall be made forthwith by the governor, or the president of this convention, of the result of the canvass.

SEC. 4. Judicial functions of notary public aro continued by this section. Dogge v. State, 21 Neb., 280.
SEO. 5. Cited State v. Board Public Lands and Buildings, 7 Neb., 48.
SEO. 6. See Chap. 7, post, relative to county attorneya

SEC. 12. [Result of canvass.]—If it shall appear that a majority of the votes polled are " for the new constitution," then so much of this new constitution as was not separately submitted to be voted on by articles shall be the supreme law of the state of Nebraska, on and after the first day of November, A.D. 1875. But if it shall appear that a majority of the votes polled were "against the new constitution," the whole thereof, including the articles separately submitted, shall be null and void. If the votes "for the new constitution" shall adopt the same, and it shall appear that a majority of the votes polled are for the article relating to "the seat of government," said article shall be a part of the constitution of this state. If the votes "for the new constitution" shall adopt the same and it shall appear that a majority of the votes polled are for the article "allowing electors to express their preference for United States senator," said article shall be a part of the constitution of this state.

SEC. 13. [General election, when held.]-The general election of this state shall be held on the Tuesday succeeding the first Monday of November of each year, except the first general election, which shall be on the second Tuesday in October, 1875. All state. district, county, precinct, and township officers, by the constitution or laws made elective by the people, except school district officers, and municipal officers in cities, villages, and towns, shall be elected at a general election to be held as aforesaid. Judges of the supreme, district, and county courts, all elective county and precinct officers, and all other elective officers, the time for the election of whom is not herein otherwise provided for, and which are not included in the above exception, shall be elected at the first general election, and thereafter at the general election next preceding the time of the termination of their respective terms of office; Provided, That the office of no county commissioner shall be vacated hereby.

SEC. 14. The terms of office of all state and county officers, of judges of the supreme, district, and county courts, and regents of the university shall begin on the first Thursday after the first Tuesday in January next succeeding their election. The present. state and county officers, members of the legislature, and regents of the university, shall continue in office until their successors shall be elected and qualified.

SEC. 15. The supreme, district, and county courts, established by this constitution shall be the successors respectively of the supreme court, the district courts, and the probate courts, having jurisdiction under the existing constitution.

SEC. 16. The supreme, district, and probate courts now in existence shall continue, and the judges thereof shall exercise the power and retain their present jurisdiction until the courts provided for by this constitution shall be organized.

SEC. 17. All cases, matter, and proceedings, pending undetermined in the several courts, and all records, judgments, orders, and decrees remaining therein, are hereby transferred to and shall be proceeded in and enforced in and by the successors thereof respectively.

SEC. 18. [Existing constitution.]-If this constitution be adopted, the existing constitution shall cease in all its provisions on the first day of November, A.D.

1875.

SEC. 19. The provisions of this constitution required to be executed prior to the adoption or rejection thereof, shall take effect and be in force immediately.

SEC. 20. The legislature shall pass all laws necessary to carry into effect the provisions of this constitution.

SEC. 21. [Officers to take oath.]-On the taking effect of this constitution, all state officers hereby continued in office shall, before proceeding in the further discharge of their duties, take an oath or affirmation to support this constitution.

SEC. 22. The regents of the university shall be elected at the first general election under this constitution, and be classified by lot so that two shall hold their SEC. 14. Not applicable to office of physician at penitentiary. State v. Board Public Lands and Buildings, 7 Neb., 49. SEC. 15. Cited Martin v Grover, 9 Neb., 265. Schell v. Husentine, 15 Neb., 11.

SEC. 18. Old constitution ceased in all its provisions on adoption of new. Wheeler v. City of Plattsmouth, Neb., 273.

offices for the term of two years, two for the term of four years, and two for the term of six years.

SEC. 23. The present executive state officers shall continue in office until the executive state officers provided for in the constitution shall be elected and qualified.

SEC. 24. The returns of the whole vote cast for the judges of the supreme and district courts, district attorneys, and regents of the university, under the first general election, shall be made by the several county clerks to the secretary of state within fourteen days after the election; and the returns of the said votes shall, within three days thereafter, be examined and canvassed by the governor, secretary of state, and the president of this convention, or any two of them, and certificates of election shall forthwith be issued by the secretary of state to the persons found to be elected. SEC. 25. [Salaries to be paid.]-The auditor shall draw the warrants of the state quarterly for the payment of the salaries of all officers under this constitution, whose compensation is not otherwise provided for, which shall be paid out of any funds not otherwise appropriated.

SEC. 26. [Terms of court.]-Until otherwise provided by law, the judges of the district courts shall fix the time of holding courts in their respective districts.

SEC. 27. The members of the first legislature under this constitution shall be elected in the year 1876.

SEC. 28. [Enrollment of constitution.]-This constitution shall be enrolled and deposited in the office of the secretary of state, and printed copies thereof shall be prefixed to the books containing the laws of this state, and all future editions thereof.

PROPOSITIONS SEPARATELY SUBMITTED [AND ADOPTED.]

ALLOWING ELECTORS TO EXPRESS THEIR PREFERENCE FOR UNITED STATES SENATOR.

The legislature may provide that at the general election immediately preceding the expiration of the term of a United States senator from this state, the electors may, by ballot, express their preference for some person for the office of United States senator. The votes cast for such candidates shall be canvassed and returned in the same manner as for state officers.

SEAT OF GOVERNMENT.

The seat of government of the state shall not be removed or re-located without the assent of a majority of the electors of the state, voting thereupon at a general election or elections, under such rules and regulations as to the number of elections and manner of veting, and places to be voted for, as may be prescribed by law; Provided, The question of removal may be submitted at such other general elections as may be provided by law.

Done in convention at the capitol, in the city of Lincoln, on the twelfth day of June, in the year of our Lord, one thousand eight hundred and seventy-five, and of the independence of the United States of America, the ninety-ninth.

SEC. 23. Cited State v. Weston, 4 Neb., 219. State v. Leidtke, 9 Neb., 467.

SEC. 25. No legislative appropriation necessary to pay salaries of officers fixed by constitution. State v. Weston, 4 Neb.. 216. But rule applies only to officers mentioned in constitution. State v. Weston, 6 Neb., 16. Appropriation of $95,000 for payment of salaries of nineteen district judges is an appropriation in gross, to be ap plied as tar as necessary to the payment of salaries of all judges of said court. In re Groff, 21 Neb., 662.

SEC. 26. Power conferred by this section is a continuing power and not exhausted by user. Candy v. State, 8 Neb., 483. But applicable only to regular terms of court. McElroy v. State, 9 Neb., 162. Cited Tipppey v. State, 35 Neb., 368.

In witness whereof we have hereunto subscribed our names JOHN LEE WEBSTER, PRESIDENT.

GUY A. BROWN, Secretary.

C. L. MATHER, Asst. Secretary.