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NEGenWeb Project
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CONSTITUTIONAL DEPARTMENTS* INTRODUCTION
HISTORY
The following sketches are designed to give briefly the important facts, in the history of the territorial and state government, as shown by the various departments, boards, offices, bureaus, institutions and organizations that have been established or fostered by the state.
These facts are limited principally to the information afforded by the constitutions, legislative acts and records, executive proclamations and messages, and reports of offices and institutions. The interpretation of the facts is left to historians and the public.
Each sketch is prefaced by a roster of the present officers and employes of the department or institution, corrected for October 1, 1920. The functions, duties and powers of the several divisions of governmental activities are indicated briefly, and, in the case of the wide reaching departments, only partially. The regular current publications of each office are indicated by name.
STATISTICS Statistics showing the total appropriations made for each department are included with the sketches. The legislative appropriations, auditors' reports and office records furnish the basis for these statistics. The intention to afford the people of Nebraska an analysis of all their expenditures for state purposes from the beginning. This analysis is as minute as the available records permit. The statistics for territorial appropriations and expenditures are collected in one combined table, including all departments and institutions.
The unsystematic methods of the past should be kept in mind by students of these statistics. Especially in the statistics of the institutions it should be noted that in the past all expenditures that did not go into buildings were counted as maintenance. In the systematic methods inaugurated by the board of control for state institutions the term "maintenance" includes expenditures from direct appropriations and from institution cash funds, and excludes items for certain kinds of equipment and permanent repairs. Thus, the statistics of per capita cost in the several institutions for the years prior to 1913 are calculated from a more ample inclusion of items than formerly.
LEGISLATURE The organic act of May 30, 1854, provided for a legislative assembly consisting of a council of thirteen members elected for two-year terms, and a house of representatives of twenty-six members elected for one-year terms. Annual sessions of not more than forty days' duration, except the first session, which, might be prolonged to sixty days, were provided for. Members were paid three dollars a day and three dollars for every twenty miles of travel in getting to and from the capital.
*The University is included with educational institutions.
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Legislative apportionments were to be based on the number of voters. The territorial governor was directed to have a census taken, to make the initial apportionment and to call an election. Power to change the number of representatives, to make apportionments and to fix the dates for convening in regular session was vested in the assembly. The first session convened at Omaha, January 16, 1855. An act approved March 16, 1855, provided for the taking of a census by the marshal and a new apportionment by the governor. The number of representatives was limited to twenty-nine for the next session, and it was further enacted that, until changed by law, the annual sessions should begin on the first Tuesday in December, except the succeeding session, which was to convene on the third Tuesday in December, 1855. At this session it was provided that the next regular session should convene on the first Monday of January, 1857 and annually thereafter on the first Monday in January. An act approved January 26, 1856, directed the marshal to take another census and the governor to make another apportionment, limiting the number of representatives to thirty-fiveBy joint resolution of April 25, 1856, the territorial assembly memorialized the delegate in congress to secure amendment to the organic act basing the apportionment on the increase in white population instead of on the number of voters. The time for convening of the next session was changed to the second Tuesday in December, 1857, but was immediately restored to the first Monday in January for the next session. An act approved November 3, 1868, fixed the number of representatives at thirty-nine and apportioned them among the counties. The fifth session was called by Governor Richardson to consider the adoption of parts of the criminal and civil codes and affairs of the state generally. The secretary of the territory refused to pay the expenses of this session from the current expense appropriations and the legislature, by Writ resolution, requested congress to make an early appropriation for the purpose. By legislative act the sixth, seventh and eighth sessions convened on the first Tuesday in December of each year. By legislative act the ninth session convened on January 7, 1864. A temporary apportionment was made by this session. The eleventh legislature drafted the constitution of 1866, which was adopted by the people at an election held June, 2, 1866. This constitution provided that the first session of the state legislature should be held on July 4, 1866. When this first session assembled, the admission bill had not yet passed congress. A negro suffrage amendment to this act required the assent of the legislature before the proclamation of admission by the president, so that when the second state legislature met on February 20. 1867, just after the close of the twelfth territorial assembly, its business was to assent to this amendment.
Thus the first state legislature that had the power to pass laws was the third session beginning May 16, 1867--statehood having become a fact on March 1, 1867. This was a special session called by Governor Butler to consider general legislation.
The constitution of 1866 made no change in the numerical arrangements of the two houses, calling for thirteen senators and thirty-nine representatives. Biennial sessions were provided for, to begin the first Tuesday after the first Monday in January of the odd numbered years.
The fourth special session held on October 27 and 28, 1868, was called to provide for the election of presidential electors, a detail which had been overlooked.
The fifth session (erroneously called the first "regular" session) was the first session to be held at Lincoln on the constitutional date. The sixth session was a special session called by the governor for the ratification of the fifteenth amendment to the federal constitution, to provide for the erection of a penitentiary and for other purposes. Upon adjournment, without effecting all the legislation desired by the governor, another special session was called to convene immediately to pass a herd law, to amend an act governing the keeping of identical funds in the state treasury, and for various other purposes.
The eighth regular session instituted impeachment proceedings against Gover-
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nor Butler. Growing out of impeachment proceedings brought against the auditor, John Gillespie, a series of adjournments brought about the eighth adjourned session of January 9, 1872.The tenth session was called by Governor Furnas to amend the law concerning certain county boundaries, to consider assessments in new counties and the incorporation of cities. The twelfth and thirteenth sessions were called on the same day to canvass the vote on presidential electors, and to appoint an elector to fill an alleged vacancy. The only other special sessions were the seventeenth, convened to reapportion the congressional districts, to appropriate money for calling out the militia to suppress riot at Omaha, and for other purposes, the thirty-sixth, called to pass war legislation in 1918, the thirty-eighth called in 1919, to ratify the federal equal suffrage amendment and the thirty-ninth called in 1919, to enable Douglas county to provide for repairs to its court house.
The constitution of 1875 limited the maximum membership of the legislature to one hundred in the house and thirty-three in the senate. Prior to 1880, under this constitution, the house had eighty-four members and the senate thirty. By a constitutional amendment passed September 21, 1920, the maximum membership of the senate was raised to fifty members.
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TERRITORIAL AND STATE LEGISLATIVE SESSIONS, DATES HELD. PLACE OF MEETING, AND STATUS OF PRINTED RECORDS OF SESSION. All sessions prior to January 7, 1869, held at Omaha; January 7, 1809, and subsequent sessions at Lincoln.
Session Dates (inclusive) Status of Records Territorial 1st regular session
Jan. 16 to Mar. 16, 1855
Printed journals and session laws
2d regular session
Dec. 18, 1855 - Jan. 26, 1856
Printed journals and session laws
3d regular session
Jan. 5 to Feb. 13,1857
Printed journals and session laws
4th regular session
Dec. 8, 1857 - Jan. 16, 1858
Printed journals and session laws
5th special session
Sept. 21 to Nov. 14,1868
Printed journals and session laws
6th regular session
Dec. 5, 1859 - Jan. 13, 1860
Printed journals and session laws
7th regular session
Dec. 3, 1860 - Jan. 17, 1861
Printed journals and session laws
8th regular session
Dec. 2,1861 - Jan. 10, 1862
Printed journals and session laws
*..................
...........
..............
9th regular session
Jan. 7 to Feb. 15,1864
printed journals and session laws
10th regular session
Jan. 5 to Feb. 13,1865
Printed journals and session laws
11th regular session
Jan. 4 to Feb. 12,1866
No session laws
12th regular session
Jan. 10 to Feb. 18,1867
Printed journals and session laws
State 1st regular session
July 4 to 11, 1866
Printed journals and session laws
2d regular session
Feb. 20, 21, 1867
Printed journals and session laws
3d special session
May 16 to June 24, 1867
Printed journals and session laws
4th special session
Oct. 27, 28,1868
Printed journals and session laws
5th regular session
Jan. 7 to Feb. 15,1869
Printed journals and session laws
6th special session
Feb. 17 to Mar. 4,1870
Printed journals and session laws
7th special session
Mar. 4, 1870
Printed journals and session laws
8th regular session
Jan. 5 to June 7, 1871
Printed journals and session laws
8th adjourn'd session
Jan. 9 to 24, 1872
No printed journal
9th regular session
Jan. 9 to Mar. 4 1873
Printed journals and session laws
10th special session
Mar. 27 to 29,1873
Printed journals and session laws
11th regular session
Jan. 7 to Feb. 24, 1875
Printed Journals and session laws
12th special session
Dec. 5,1876. Convened by proclamation to canvass votes for presidential electors
No laws
13th special session
Dec. 5,1876. Convened by proclamation to appoint an elector
No laws
14th regular session
Jan. 2 to Feb. 15,1877
printed journals and session laws
15th regular session
Jan. 7 to Feb. 25, 1879
Printed journals and session laws
16th regular session
Jan. 4 to Feb. 26,1881
Printed journals and session laws
17th special session
May 10 to 24, 1882
Printed journals and session laws
18th regular session
Jan. 2 to Feb. 26, 1883
Printed journals and session laws
19th regular session
Jan. 6 to Mar. 5, 1885
Printed journals and session laws
20th regular session
Jan. 4 to Mar. .31, 1887
Printed journals and session laws
21st regular session
Jan. 1 to Mar. 30,1889
Printed journals and session lawn
22d regular session
Jan. 6 to April 8,1891
Printed journals and session lawn
23d regular session-
Jan. 3 to April 4, 1893
Printed journals and session lawn
24th regular session
Jan. 1. to April 5,1895
Printed journals and session laws
25th regular session
Jan. 5 to April 9,1897
Printed journals and session laws
26th regular session
Jan. 3 to Mar. 31, 1899
Printed journals and session laws
27th regular session
Jan. 1 to Mar. 28,1901
Printed journals and session laws
28th regular session
Jan. 6 to April 8, 1903
Printed journals and session laws
29th regular session
Jan. 3 to Mar. 30,1905
Printed journals and session laws
30th regular session
Jan. 1 to April 4, 1907
Printed journals and session lawn
31st regular session
San. 1 to April 1, 1909
Printed journals and session laws
32d regular session
Tan. 3 to April 6, 1911
Printed journals and session laws
33d regular session
Jan. 7 to April 16, 1913
Printed journals and session laws
34th regular session
Jan. 5 to April 8, 1915
Printed journals and session lawn
35th regular session
Jan. 2 to April 24, 1917
Printed journals and session lawn
36th special session
Mar. 26 to April 8, 1918
Printed journals and session laws
37th regular session
Jan. 7 to April 18,1919
Printed journals and session lawn
38th special session
July 29 to Aug. 2,1919
Printed journals
39th special session
Oct. 14 to Oct. 18, 1919
Printed journals
*No session of territorial legislature held in 1863. The appropriation of #20,000 to pay expenses of legislature was applied in payment of direct war tax due from Nebraska to United States treasury.
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LEGISLATIVE EMPLOYES AND EXPENSES. SECRETARIES OF SENATE, CHIEF CLERKS OF HOUSE AND PAY
RECEIVED FOR COMPILING JOURNAL, 1866-1919.
1866
C. E. Yost
.........
J. S. Bowen
.........
1867
O. B. Hewitt
.........
H. W. Merrille
.........
1867
L. L. Holbrook
.........
J. S. Bowen
.........
1868
L. L. Holbrook
.........
J. S. Bowen
.........
1869
S. M. Chapman
.........
J. S. Bowen
.........
1870
S. M. Chapman
.........
C.. H. Walker
.........
1870
S. M. Chapman
.........
C. H. Walker
.........
1871
C. H. Walker
.........
L. E. Cropsey
.........
1871
.........
.........
F. M. McDonagh
.........
1873
D. H. Wheeler
$700.00
J. W. Elder
.........
1875
D. H. Wheeler
700.00
George L. Brown
$500.00
1877
D. H. Wheeler
700.00
Brad Slaughter
700.00
1879
Sherwood Burr
700.00
Brad Slaughter
700.00
1881
Sherwood Burr
800.00
Brad Slaughter
700.00
1883
George L. Brown
800.00
Brad Slaughter
1,150.00
1885
Sherwood Burr
1,800.00
James F. Zedicker
1,200.00
1887
W. M. Seeley
1,600.00
Brad Slaughter
1,800.00
1889
W. M. Seeley
1,600.00
Brad Slaughter
2,000.00
1891
C. H. Pirtle
1,600.00
Eric Johnson
2,000.00
1893
H. A. Edwards
1,600.00
Brie Johnson
2,000.00
1895
T. E. Sedgwick
1,600.00
William Geddis
2,000.00
1897
W. F. Schwind
1,300.00
Frank D. Eager
1,600.00
1899
Alpha Morgan
1,200.00
John Wall
1,600.00
1901
J. C. F. McKesson
1,400.00
John Wall
1,600.00
1903
A. R. Keim
1,200.00
John Wall
1,600.00
1906
William M. Wheeler
1,200.00
John Wall
1,600.00
1907
B. H. Gould
1,200.00
Clyde H. Barnard
1,600.00
1909
William H. Smith
1,200.00
Trenmor Cone
1,200.00
1911
William H. Smith
1,200.00
Henry Richmond
1,200.00
1913
Clyde H. Barnard
1,200.00
1 Henry Richmond
1,500.00
1915
E. A. Walrath
700.00
George W. Potts
590.00
1917
R. A. Walrath
900.00
George W. Potts
750.00
1919
Clyde H. Barnard
1,200.00
W. F. Hitchcock.
862.00
NUMBER 0F LEGISLATIVE EMPLOYES AND THEIR PAY, 1877-1919.
Year
senate House Total Paid to Senate Total Paid to House 1977
48 70 $4,987.00 $5,169.00 1879
57 53 5,049.50 5,546.00 1881
54 64 6,389.25 7,283.00 1883
51 72 8,255.50 8,514.00 1885
74 76 12,925.00 13,348.80 1887
76 82 14,852.00 15,587.00 1889
80 90 16,987.00 18,663.00 1891
119 112 26,702.40 20,025.00 1893
73 81 16.913.81 16,624.00 1895
107 90 21,227.25 15,972.60 1897
77 91 20,457.50 17,416.25 1899
79 75 15,260.50 17,297.00 1901
75 103 16,278.50 24.589.50 1903
61 103 15,762.00 21,746.00 1905
63 93 14,964.00 20,598.00 1907
63 73 13,806.50 19,011.50 1909
76 92 16,083.62 16,703.50 1911
82 86 15,589.50 17,019.50 1913
75 105 21,505.00 30,358.00 1915
59 34 15,506.40 11,319.84 1917
85 37 23,513.50 11,775.41 1919
42 56 16,290.00 12,518.60
These figures are taken from the auditor's report of the various sessions. In some cases the total number of employes includes a few employes who were carried on the books for only a day or so.
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