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112

NEBRASKA BLUE BOOK, 1920

be eligible to office unless he shall have been restored to civil rights.

     Sec. 3. Drunkenness shall be a cause of impeachment and removal from office.

     Sec. 4. 65The necessity of water for domestic use and for irrigation, purposes in the State of Nebraska is hereby declared to be a natural want.

     Sec. 5. 65 The use of the water of every natural stream within the State of Nebraska is hereby dedicated to the people of the state for beneficial purposes, subject to the provisions of the following section.

     Sec. 6. 65 The right to divert unappropriated waters of every natural stream for beneficial use shall never be denied except when such denial is demanded by the public interest. Priority of appropriation shall give the better right as between those using the water for the same purpose, but when the waters of any natural stream are not sufficient for the use of all those desiring to use the same, those using the water for domestic purposes shall have preference over those claiming it for any other purpose, and those using the water for agricultural purposes shall have the preference over those using the! same for manufacturing purposes. Provided, no inferior right to the use of the waters of this state shall be acquired by a superior right without just compensation therefor to the inferior user.

      Sec. 7. 65 The use of waters of the state for power purposes shall be deemed a public use and shall never be alienated, but may be leased or otherwise developed as by law prescribed.

     Sec. 8. 65 Laws may be enacted regulating the hours and conditions of employment of women and children, and securing to such employees a proper minimum wage.

     Sec. 9. 65 Laws may be enacted providing for the investigation, submission and determination of controversies between employers and employees in any business or vocation affected wit* public interest, and for the prevention of unfair business practices and unconscionable gains in any business or vocation affecting the public welfare. An Industrial Commission may be created for the purpose of administering such laws, and appeals shall be to the Supreme Court from the final orders and judgments of such commission.

     Sec. 10. 66 On and after May 1, 1917, the manufacture, the sale, the keeping for sale or barter, the sale or barter, under any pretext, of malt, spirituous, vinous or other intoxicating liquors, are forever prohibited in this state, except for medicinal, scientific, or mechanical, or sacramental purposes.

     Sec. 11. 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.

     Sec. 12. The seat of government of the state shall not be removed or relocated 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 voting 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.

ARTICLE XVI--AMENDMENTS

     Section 1. 67Either branch of the legislature may propose amendments to this constitution, and if the same be agreed to by three-fifths of the members elected to each house, such proposed amendments shall be entered on the journals, with the yeas and nays, and published once each week for four weeks, in at least one newspaper in each county, where a newspaper is published, imme-


     651920 constitutional convention added sections 4, 5, 6, 7, 8 and 9. Proposal No. 85 included sections 4, 5 and 6. Proposal No. 36 included section 7. Proposal No. 37 included section 2. Proposal No. 3 included: section 9.
     661916 adopted. Vote 146,674 for; 117,532 against. Submitted by initiative petition.
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NEBRASKA BLUE BOOK, 1920

113

diately preceding the next election of members of the Legislature. At such election said amendments shall be submitted to the electors for approval or rejection upon a ballot separate from that upon which the names of candidates appear. If a majority of the electors voting on any such amendment adopt the same, it shall become a part of this constitution, provided the votes cast in favor of such amendment shall not be less than thirty-five per cent of the total votes cast at such election. When two or more amendments are submitted, at the same election, they shall be so submitted as to enable the electors to vote on each amendment separately.

     Sec. 2. When three-fifths of the members elected to each branch of the legislature deem it necessary to call a convention to revise, amend, or change this constitution, they shall recommend to the electors to vote at the next election of members of the legislature, for or against a convention, and if a majority voting at said election vote for a convention, the legislature shall, at its next session, provide by law for calling the same. The convention shall consist of as many members as the house of representatives, who shall be chosen in the same manner, and shall meet within three months after ,their election, for the purpose aforesaid. No amendment or change of this constitution, agreed upon by such convention, shall take effect until the same has been submitted to the electors of the state, and adopted by a majority of those voting for and against the same.

ARTICLE XVII--SCHEDULE

     Section 1. 68 The several amendments passed and, submitted by this convention when adopted at the election shall take effect 'on the first day of January, 1921, except as otherwise specifically provided by schedule attached to any of 'said amendments. Provided that the proposed amendment Number 18, relative to equal suffrage shall take effect, if adopted, immediately upon proclamation by the governor. All laws then in force, not inconsistent with the constitution, as amended by such proposals as may be adopted at such elections shall continue in force until amended or repealed. If any of the amendments passed and submitted by this convention and adopted by the electors be inconsistent with any provisions of the present constitutions such amendments shall be held to prevail.

     Sec. 2. 68 That Sections, 1, 2, 3, 4, 6, 6, 7, 8, 9, 10, 11, 12, 15, 16, 17, 18, 19, 21, 22, 23, 24, and 27 of Article XVI be repealed and eliminated therefrom.

     Sec. 3. 69 Until otherwise provided by law the following salaries shall be paid:

     Chief justice, judges of the supreme court and governor, each $7,500 per an-


     67 1920 constitutional convention added matter in black face, striking out 1875 provision for publication three months and in lieu thereof inserting "four weeks." Proposal No. 39.

     68 1920 constitutional convention rewrote sections 1 and 2, striking out the detailed schedule sections of 1875 constitution. Proposal No. 41.

     69 1920 constitutional convention, added this new section. See also Art. 16, Sec. 2 (Proposal No. 40). for 1920 amendment permitting legislature to change these salaries not oftener than once in eight years. The following table show constitutional salary list of 1875-- intervening years when. changes were made -- and 1920.

1875
1907
1908
1920

Governor

$2,500
........
........
$7,500

Justice Supreme Court

2,500
........
$4,500
7,500

Judge District Court

2,500
.......
3,000
5,000

Auditor

2,500
........
........
5,000

Treasurer

2.500
........
.......
5,000

Secretary of State

2,000
........
........
5000

Land Commissioner

2,000
........
........
5:000

Attorney General

2,000
........
........
5,000

Superintendent of Public Instruction

2,000
........
........
5,000

Railway Commissioner

.......
$3,000 (fixed by law)
.......
5,000

     Lieutenant governor receives twice the compensation of a senator: 18.75, $6 per day; 1887, $10 per day; 1913, $1,200 per session; 1921, $1,600, per session.

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114

NEBRASKA BLUE BOOK, 1920

num; Judges of the district court, secretary of state, auditor of public accounts, commissioner of public lands and buildings, treasurer, attorney general, superintendent of public instruction and members of the state railway commission, each $5,000 per annum. The lieutenant governor shall receive twice the compensation of a state senator.

     Sec. 4. 70The general election of this state shall be held on the Tuesday succeeding the first Monday of November in the year 1914 and every two years thereafter. 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 on the Tuesday succeeding the first Monday in November, 1913, and thereafter at the general election next preceding the time of the, termination of their respective term of office. Provided, that no office shall be vacated thereby,, but the incumbent thereof shall hold over until his successor is duly elected and qualified.

     Sec. 5. 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. 6. The legislature shall pass all laws necessary to carry into effect the provisions of this constitution.

     Sec. 7. The auditor shell 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. 8. Until other-wise provided by law, the judges of district courts

     shall fix the time of holding courts in their respective districts.

     Sec. 9. 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 the state, and all future editions thereof.

MEMBERS OF NEBRASKA CONSTITUTIONAL CONVENTIONS

1864

NAME

DISTRICT

Albertson, Isaac

Platte, Hall, Buffalo, Merrick

Barnum, Guy C.

Platte

Bayne, Oliver P.

Richardson

Beyschlag, Frederick

Otoe

Bradford, Henry

Cass

Brown, Charles H.

Douglas

Bunn, Frederick

Douglas

Campbell, Robert

Otoe

Castetter, Abraham

Washington

Chapman, John W.

Cass

Clark, Ellias H.

Washington

Davis, Leander

Dakota, Cedar, Dixon, L'Eau Qui Court

Dorsey, Charles G.

Nemaha


     701912 amended by changing annual to biennial general elections. Vote for, 174,151; against. 25,048.
        1920 constitutional convention rewrote this section and changed its number from section 13 to section 14.
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NEBRASKA BLUE BOOK, 1920

115

NAME

DISTRICT

Drexel Frederick

Douglas

Finney, John

Sarpy, Dodge

Fitchie, T. James

Otoe

Giddings, Charles W.

Pawnee

Goss, John Q.

Sarpy

Graff, George B.

Dakota

Hall, John A.

Douglas

Heyden, Walter C .

Dixon, Cedar, L'Eau Qui Court

Hoback. Robert D.

Cass

Holcomb, James

Richardson

Horn, William S.

Nemaha

Jackson, Alfred H.

Douglas

Johnson, Eugene H.

Richardson

Kline, William

Washington, Burt, Cuming

Laune, Lewis D.

Otoe

Leverette, James W.

Richardson

Little, William A.

Douglas

Majors, Sterling P.

Nemaha

Maxwell, Samuel

Cass

McLennon, William

Otoe

O'Connor, Cornelius

Dakota, Cedar, Dixon, L'Eau Qui Court

Parker, Jason

Platte, Monroe, Merrick, Hall, Buffalo, Kearney

Patrick, John

Douglas

Renner, Frederick

Otoe

Reynolds, Herman M.

Pawnee, Gage, Johnson, Clay, Jones

Sanders, Daniel C.

Nemaha Sheldon, Lawson Cass

Sweet, James.

Otoe

Walther, Charles F.

Richardson

Weston, Jefferson B.

Pawnee, Gage, Johnson, Clay, Jones

1871

Abbott, Otbman A.

Hall

Ballard, M.

Washington

Boyd, James E.

Douglas

Campbell, John C.

Otoe

Cassell, John N.

Lancaster

Curtis, W. H.

Pawnee

Eaton, J. W.

Otoe

Estabrook, Experience.

Douglas

Gibbs, Pelham S.

Burt

Granger, George C.

Dakota

Gray, Enos F.

Dodge

Grenell, Edwin N.

Sarpy

Griggs, Nathan K.

Gage

Hascall, Isaac S.

Douglas

Hinman, Beach I.

Lincoln

Kenaston, J. A.

Cass

Kilburn, James

Saunders

Kirkpatrick, Samuel M.

Cass

Lake, George B.

Douglas

Ley, Lewis

Stanton

Lyon, Waldo

Burt

McCann, Dwight J.

Otoe

Majors, Sterling C.

Nemaha

Bar

116

NEBRASKA BLUE BOOK, 1920

NAME

DISTRICT

Mason, Oliver P.

Otoe

Maxwell, Samuel

Cass

Moore, D. T.

York

Myers, John C.

Douglas

Neligh, John D.

Cuming

Newson, B. S.

Otoe

Parchin, W.

Richardson

Parker, Hiram W.

Seward

Philpott, James E.

Lancaster

Price, Barzillai

Jefferson

Reynolds, Herman M.

Gage

Robinson, Seth

Lancaster

Scofield, Gilbert B.

Otoe

Shaff, Jacob

Saunders

Spelce, Charles A.

Platte

Sprague, A. L.

Saunders

Stevenson, R. F.

Cuming

Stewart, Alexander S.

Pawnee

Strickland, Silas A.

Douglas

Thomas, Edward W.

Nemaha,

Thummel, George H.

Hall

Tisdel, Freeman A.

Nemaba

Towle, Edwin S.

Richardson

Vifqualn, Victor

Saline

Wakely, Eleazer

Douglas

Weaver, Archibald J.

Richardson

Wilson, John

Johnson

Woolworth, James M.

Douglas

1875

Abbott, Othman A.*

Hall

Agur, Luke

Seward

Becker, John P.

Platte

Boyd, James E.*

Douglas

Briggs, Clinton

Douglas

Broady, Jefferson H.

Richardson, Nemaha

Brown, Charles H.

Douglas

Burtch, Samuel Findley

Sarpy

Calhoun, Stephen H.

Otoe

Carns, Edmund C.

Seward

Clark, Thomas S. .

Polk

Coates, S. H.

Dixon

Conner, Alexander H.

Buffalo, Sherman, Valley

Cummins, William B.

York

Dawes, James W.

Saline

Doom, James E.

Gage

Dunlap, William A.

Johnson

Eldridge, Reuben C.

Antelope, Boone, Greeley

Ewan, J. G.

Nemaha

Foss, S. R.

Saline

Frady, C. H.

Knox, Pierce., Holt

Garber, Joseph

Thayer, Nuckolls

Gere, Charles H.

Lancaster

Grebe, Henry

Douglas

Grenell, Edwin N.*

Washington

Griffing, George L.

Pawnee

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NEBRASKA BLUE BOOK, 1920

117

NAME

DISTRICT

Gwyer, Willam H.

Douglas

Hallner, A.

Saunders

Hamilton, J. D.

Fillmore

Harmon, Fred A.

Franklin, Phelps, Gosper

Harper, James

ButIer

Harrington, R. B.

Gage

Hawley, J. B.

Lancaster

Hayward, M. L.

Otoe

Henry, David P.

Pawnee, Johnson

Hinman, Beach L.*

Cheyenne, Keith, Lincoln and territory north of Dawson county and west of Valley county

Hopewell, M. R.

Burt

Hunter, Cyrus E.

Cedar, Stanton, Wayne

Kendall, A. G.

Howard

Kirkpatrick, Samuel M.*

Cass

Laird, James

Webster, Adams, Kearney

McPherson, John

Harlan, Furnas

Martin, Frank

Richardson

Manderson, Charles F.*

Douglas

Mathews, Austin W.

Jefferson

Maxwell, Samuel

Dodge

Munger, William H.

Dodge

Perry, J. H.

Nemaha

Pierce, C. W.

Lancaster

Pound, S. B.

Lancaster

Powers, Isaac, Jr.

Dakota

Reese, M. B.

Saunders

Robertson, W. M.

Madison

Rogers, Josiah

Otoe

Sauls, J. H.

Hamilton

Shedd, H. H.

Saunders

Smith, George S.

Cass

Sterns, W. H.

Richardson

Stevenson, R. F.*

Cuming

Thompson, J. J.

Washington

Valley, Jacob, Sr.

Cass

VanWyck, Charles H.

Otoe

Walling, Aug. M.

Colfax

Walther, Charles F.

Richardson

Warrington, T. I.

Red Willow, Hitchcock, Dundy, Chase, Frontier, Dawson and unorganized territory lying between Frontier and Chase counties

Weaver, Archibald J.*

Richardson

Webster, John L.

Douglas

Wilcox, M. W.

Clay

1919

Abbott, Lysle I.

Omaha

Albert, I. L.

Columbus

Alder, Lewis K.

Ainsworth

Anderson, Walter L.

Lincoln

Austin, George Smith

Orleans

Beeler, Joseph G.

North Platte

Bigelow, Anson H.

Omaha

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NEBRASKA BLUE BOOK, 1920

NAME

DISTRICT

Bratton, Alcinous Thomas

Hastings

Bryant, Wilbur F.

Hartington

Butler, Benjamin Franklin

Cambridge

Byrum, Albert H.

Bloomington

Cleve, Henry R.

Nebraska City

Cornell, Charles Hiram

Valentine

Corrothers, Festus

Whitman

Coufal, Edward A.

David City

Cowan, Elmer S.

Albion

Davies, John A.

Butte

Donahue, Anthony J.

O'Neill

Donohoe, James A.

Omaha

Elwood, Henry Clay

Creighton

Epperson, Charles Harvey

Fairfield

Evans, Isaiah David

Kenesaw

Fauquet, Emile

Wahoo

Ferneau, Edgar

Auburn

Flansburg, Claude Copley

Lincoln

Grueber, William

Byron

Halderman, Jacob F.

Pawnee City

Hare, Arthur Merlin

Aurora

Haskell, John DeForest

Wakefield

Hastings, George H.

Crete

Heasty, John

Fairbury

Hewett, James H. H.

Alliance

Higgins, Michael J.

Schuyler

Holbrook, W. D.

Ames

Howard, Jeremiah (Jerry)

Omaha

Jackson, George Washington

Nelson

Johnson, John Harry

Holdrege

Junkin, George C.

Smithfield

Keefe, Harry L.

Walthill

Keeney, Henry G.

Cowles

Kieck, William Gehrt

Springfield

Kunz, James G.

Wood River

Lahners, Thomas

Belvidere

Landgren, George

Shickley

Lehman, Harry L.

Culbertson

Lewis, John Greenleaf Whittier

Wayne

Lute, Harry D.

Paxton (now Lincoln)

McDonald, Nathan P.

Kearney

McLaughlin, Charles Francis

Omaha

McLeod, Charles

Stanton

Magney, George A.

Omaha

Malicky, Frank

Beatrice

Marvin, Earl Marvin

Beatrice

Matteson, Richard A.

Geneva

Meserve, William Andrew

Creighton

Norman, George E.

Omaha

Norton, John N.

Polk

Norval, Richard Sampson.

Seward

Nye, Fred A.

Kearney

Oleson, A. R.

Wisner

Osborne, Thomas C.

Bayard

Peterson, C. Petrus

Lincoln

Pitzer, William Henry

Nebraska City

Pollard, Ernest Mark

Nehawka

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NEBRASKA BLUE BOOK, 1920

119

NAME

DISTRICT

Price, Herbert V.

York

Pugsley, Charles William

Lincoln

Radke, Franz Christophe

Hartington

Rankin, I. C.

Minden

Ream, J. D.

Broken Bow

Rhoades, Herbert

Tekamah

Rodman, James Albert

Kimball

Ross, Elmer Edar

Central City

Saunders, Charles L.

Omaha

Scott, Perlee W.

Imperial (now McCook)

Sears, Charles Wilbur

Omaha

Selleck, William Alson

Lincoln

Sidner, Seymour Sidner

Fremont

Spillman, Ora Seldon

Pierce

Spirk, Emanuel J.

Wilber

Sprick, A. W.

Fontenelle

Stebbins, Willis M.

Gothenburg

Stewart, John M.

Lincoln

Stolley, Emil G.

Grand Island

Strong, David E.

Ord

Sughroue, Edward

Indianola

Sullivan, Murt M.

Spalding

Svoboda, C. V.

St. Paul

Taylor, W. J.

Merna

TePoel, Louis J.

Omaha

Thielen, Charles J.

Humphrey

Tyler, M. Dayton

Norfolk

Ullstrom Andrew Lewis

Memphis

Varner, Lorin A.

Sterling

Votava, Joseph T.

Omaha

Wall, Aaron

Loup City

Weaver, Arthur J.

Falls City

Widle, Reynold

Genoa

Wilson, Everett P.

Chadron

Wilson, Roy A.

Omaha

Wiltse, John H.

Falls City

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