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.

In witness whereof we have hereunto subscribed our names.

JOHN LEE WEBSTER, PRESIDENT.

GUY A. BROWN, Secretary.

C. L. MATHER, Assistant Secretary.

NOTE.-This constitution has been compared with enrolled copy. The original articles are not numbered, and the numbering of the articles as given here in [ ] is the same as appears in the various session laws published under the direction of the secretary of state, prior to 1881, and as cited by the supreme court in various de

cisions.

THE COMPILED STATUTES

OF THE

STATE OF NEBRASKA.

PART I.

CHAPTER 1.-ADMISSION OF THE STATE.

Whereas, The congress of the United States did, on the ninth day of February, A. D. 1867, pass an act, in the following words, to wit:

"An act for the admission of the state of Nebraska into the Union.

Whereas, On the twenty-first day of March, A. D. 1864, congress passed an act to enable the people of Nebraska to form a constitution and state government, and offered to admit said state, when so formed, into the Union, upon compliance with certain conditions therein specified; and, whereas, it appears that the said people have adopted a constitution, which upon due examination, is found to conform to the provisions, and comply with the conditions of said act, and to be republican in its form of government, and that they now ask for admission into the Union: Therefore,

Be it enacted by the Senate and House of Representatives of the United States of America, in Congress Assembled, That the constitution and state government which the people of Nebraska have formed for themselves be, and the same is hereby, accepted, ratified and confirmed, and that the said state of Nebraska shall be, and is hereby, declared to be one of the United States of America, and is hereby admitted into the Union upon an equal footing with the original states, in all respects whatsoever.

SEC. 2. And be it further enacted, That the said state of Nebraska, shall be, and is hereby, declared to be entitled to all the rights, privileges, grants and immunities, and to be subject to all the conditions and restrictions of an act entitled "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." Approved, April 19th, 1864.

SEC. 3. And be it further enacted, That this act shall not take effect except upon the fundamental condition, that within the state of Nebraska, there shall be no denial of the elective franchise, or of any other right, to any person, by reason of race or color, excepting Indians not taxed; and upon the further fundamental condition, that the legislature of said state, by a solemn public act, shall declare the assent of said state to the said fundamental condition, and shall transmit to the president of the United States, an authentic copy of said act; upon receipt whereof the president, by proclamation, shall forthwith announce the fact, whereupon, said fundamental condition shall be held as a part of the organic law of the state, and thereupon, and without any further proceedings on the part of congress,

NOTE.-Being "An Act declaring the assent of the state of Nebraska to an act of the congress of the United States, entitled, "An Act for the admission of Nebraska into the Union," passed February 9, A. D. 1867." Laws 1867, 28 G. S. 71. The fundamental conditions imposed by congress and assented to by this act are a part of the constitution, and binding as such, although not subinitted to a vote of the people. 2 Neb. 198. Since the admission of the state into the Union, the federal courts have no jurisdiction of the crime of larceny committed on an Indian reservation. 4 Neb. 128. See also Marion v State, 16 Neb. 358. 41

the admission of said state into the Union shall be considered as complete. Said state legislature shall be convened by the territorial governor, within thirty days after the passage of this act, to act upon the conditions submitted herein.

SCHUYLER COLFAX,
Speaker of the House of Representatives.

LAFAYETTE S. FOSTER,
President of the Senate, pro tem.

In the senate of the United States, February 8, 1867. The president of the United States having returned to the senate, in which it originated, the bill entitled "An act for the admission of the state of Nebraska into the Union," with his objections thereto, the senate proceeded in pursuance of the constitution to reconsider the same; and

Resolved, That the said bill do pass, two-thirds of the senate agreeing to pass the same.

Attest:

J. W. FORNEY,

Secretary of the Senate. By W. J. McDONALD,

Chief Clerk.

In the house of representatives of the United States, February 9, 1867. The house of representatives having proceeded, in pursuance of the constitution, to reconsider the bill entitled "An act for the admission of the state of Nebraska into the Union," returned to the senate by the president of the United States, with his objections, and sent by the senate to the house of representatives with the message of the president returning the bill:

Resolved, That the bill do pass, two-thirds of the house of representatives agreeing to pass the same.

Attest:

EDWARD W. MCPHERSON,

Clerk.

A true copy.

R. S. CHEW,
Chief Clerk.

DEPARTMENT OF STATE,

}

And Whereas, The governor of the territory of Nebraska, did on the 14th day of February, A. D. 1867, make and issue the following proclamation, to-wit: Whereas, the congress of the United States has passed an act admitting, conditionally, Nebraska into the Union, as one of the independent states of the same, and, whereas, said condition is in the words following:

And be it further enacted, That this act shall not take effect except upon the fundamental condition, that within said state of Nebraska, there shall be no abridgment or denial of the exercise of the elective franchise, or of any other right to any person by reason of race or color, excepting Indians not taxed; and upon the further fundamental condition, that the legislature of said state, by a solemn public act, shall declare the assent of said state to said fundamental condition, and shall transmit to the president of the United States an authentic copy of said act upon receipt whereof, the president, by proclamation, shall forthwith announce the fact, whereupon said fundamental condition shall be held as a part of the organic law of said state, and thereupon, and without any further proceedings on the part of congress, the admission of said state into the Union shall be considered as complete.

Now, therefore, I, Alvin Saunders, governor of the territory of Nebraska, do call upon the members of the state legislature of Nebraska, to meet at the capitol, in the city of Omaha, on Wednesday, the twentieth day of February, inst., at

the hour of two o'clock P. M., for the purpose of taking action upon the conditions as proposed by congress.

In testimony whereof, I have hereunto set my hand and have caused to be affixed the great seal of the territory of Nebraska.

Done at Omaha, this fourteenth day of February, a. D. 1867. [L. S.]

By the Governor:

ALVIN SAUNDERS.
ALGERNON S. PADDOCK, Secretary,

And Whereas, The legislature of the state of Nebraska, in accordance with the above recited proclamation, has convened for the purpose of considering the conditions as set forth in the said act of congress, and in the proclamation of the governor as aforesaid: And Whereas, after due deliberat n, the legislature of the state of Nebraska do not regard the above recited act of the United States, or the conditions therein contained, to be a violation of any right of the state of Nebraska, or of the people thereof, or as abridging, or in any manner infringing on any of the privileges enjoyed by the citizens of Nebraska while in a territorial state; therefore,

SECTION 1. Be it further enacted by the Legislature of the State of Nebraska, That the act of the congress of the United States, entitled, "An act for the admission of the state of Nebraska into the Union," passed, February 9, 1867, be, and the same is hereby ratified, adopted and accepted; and it is hereby declared, that the provisions of the third section of the said act of congress shall be a part of the organic law of the state of Nebraska.

CHAPTER 2.-AGRICULTURE.

*
ARTICLE I. —AGRICULTURAL AND HORTICULTURAL SOCIETIES.

SECTION 1. [Annual meeting of state board.-There shall be held at the capital of the state, on the third Tuesday in January of each year, a meeting of the state board of agriculture, together with the president of each county society, or delegate therefrom duly authorized, who shall for the time being be ex-officio members of the state board of agriculture, for the purpose of deliberating and consulting as to the wants, prospects and condition of the agricultural interests throughout the state. And at such annual meeting the several reports from the subordinate societies shall be delivered to the president of the state board; and the said president and delegates shall at this meeting elect suitable persons to fill all vacancies in the state board. The said president shall also have power to call meetings of the board whenever he may deem it expedient. The said board shall also have power at the annual meeting to locate the state fair for a period not exceeding five years at any one time or at any one place. [Amended 1883, §1, 57.]

SEC. 2. [Officers.]-The officers of the board shall consist of a president, vicepresident, secretary, and treasurer, and such others as the board may deem necessary. They shall be elected at the annual meeting of the board, and shall hold their offices for the period of one year, and until their successors are elected and qualified. The board shall determine by lot the time that each member shall serve, so that the term of service of one-half of the members shall expire annually on the day of the annual meeting. [1879, §2, 397.]

SEC. 3. [Annual report-Appropriation.]-It shall be the duty of the said board to make an annual report to the governor, embracing the proceedings of the society, with 2 bill of items showing what moneys have been received and paid out for the past year, giving a general view of the condition of agriculture throughout the state, and such other recommendations as they may deem important and useful. The sum of two thousand (2,000) dollars shall be paid annually

NOTE. This article embraces 1. "An act for the government, support and maintenance of the state board of agriculture and state horticultural society." Laws 1879, 396 This act repeals sections 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11, Chap. 1. R S. 1866, and all acts supplemental to and amendatory of said sections [G. S. 76-78, 1869, 65. 1875, 65]. 2. Sec. 5 of "An act to encourage, develope and promulgate the agricultural and horticultural resources of the state." Laws 1872, 11. G. S. 78, 79. See note to Sec. 11 this article. 3. "Section 1. Chap. 1. R. S. 1866 as amended 1881 See note to Sec. 12, this article.