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NEBRASKA BLUE BOOK, 1926

151

 

STATE GOVERNMENT

INTRODUCTION

     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 (sic) of the department or institution, corrected for July 1, 1926. 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.

CONSTITUTIONAL DEPARTMENTS1

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.

      Legislative apportionment's were to be based on the number of voters. The territorial governor was directed to have a census taken, to make the initial apportionments 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


      1The University is included with educational institutions.


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NEBRASKA BLUE BOOK, 1926

make another apportionment, limiting the number of representatives to thirty-five.

      By 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, 1858, 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 joint 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.

      The 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!

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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 procedings (sic) against Governor Butler. Growing out of impeachment proceedings brought against the auditor, John Gillespie, a series of adjournments brought about the eighth adjourned session on 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 way legislation in 1918, the thirty-eighth called in 1919 to ratify the federal equal suffrage amendment, the thirty-ninth called in 1919 to enable Douglas county to provide for repairs to its court house, and the forty-first called in February, 1922, to reduce appropriations, and correct errors in certain legislation.

      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. The legislature has made no change in the number of senators.

      Prior to the session of 1877, members received $3 a day for their services. This was increased to $5 a day by a constitutional amendment adopted in 1886. The president of the senate received $10 a day. An amendment adopted in November, 1912, increased the salary of members to $600 for each regular session, and twice the pay of a senator for the president of the senate. An amendment adopted September 21, 1920, increased the pay of members to $800 for each regular session.

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TERRITORIAL AND STATE LEGISLATIVE SESSIONS, DATES
HELD, PLACE OF MEETING, AND COST OF SESSIONS1

     All sessions prior to January 7, 1869, held at Omaha; January 7, 1869, and subsequent sessions at Lincoln.

Session Territorial

Dates (inclusive)

Legislative Expenses 2

1st regular session

Jan. 16 to March 16, 1855

2nd regular session

Dec. 18, 1855, to Jan. 26, 1856

3rd regular session

Jan. 5 to Feb. 13, 1857

4th regular session

Dec. 8, 1857, to Jan. 16, 1858

5th special session

Sept. 21 to Nov. 14, 1858

Salaries of

6th regular session

Dec. 5, 1859, to Jan. 13, 1860

member, and

7th regular session

Dec. 3, 1860, to Jan. 17, 1861

officers paid

8th regular session

Dec. 2, 1861, to Jan. 10, 1862

from Federal

3

appropriations

9th regular session

Jan. 7 to Feb. 15, 1864

10th regular session

Jan. 5 to Feb. 13, 1865

11th regular session

Jan. 4 to Feb. 12, 1866

12th regular session

Jan. 10 to Feb. 18, 1867


State

1st regular session

July 4 to 11, 1866

$ 2,309.20

2nd regular session

Feb. 20, 21, 1867

1,528.60

3rd special session

May 16 to June 24, 1867

8,218.05

4th special session

Oct. 27, 28, 1868

960.65

5th regular session

Jan. 1 to Feb. 15, 1869

16,190.20

6th special session
7th special session

Feb. 17 to March 4, 1870
March 4, 1870

4,849.92

8th regular session

Jan. 5 to June 7, 1871

18,134.96

8th adjourned session

Jan. 9 to 24, 1872

9th regular session

Jan. 9 to March 4, 1873

22,500.46

10th special session

March 27 to 29, 1873

1,918.75

11th regular session

Jan. 7 to Feb. 24, 1875

23,739.44

12th special session
13th special session

Dec. 6, 1876
Dec. 5. 1876

1,010.20

14th regular session

Jan. 2 to Feb. 15, 1877 (45 days)

30,858.81

15th regular session

Jan. 7 to Feb. 25, 1879 (50 days)

42,423.96

16th regular session

Jan. 4 to Feb. 26, 1881 (54 days)

46,776.99

17th special session

May 10 to 24, 1882

14,291.32

18th regular session

Jan. 2 to Feb. 26, 1883 (56 days)

71,017.30

19th regular session

Jan. 4 to March 5, 1885 (59 days)

84,874.68

20th regular session

Jan. 4 to March 31, 1887 (87 days)

166,607.02

21st regular session

Jan. 6 to March 10, 1889 (89 days)

174,280.1

22d regular session.

Jan. 3 to April 8, 1891 (89 days)

143,833.35

23d regular session

Jan. 3 to April 4, 1893 (96 days)

117,629.16

24th regular session

Jan. 1 to April 5, 1895 (95 days)

113,330.72

25th regular session

Jan. 5 to April 9, 1897 (95 days)

102,083.30

26th regular session

Jan. 3 to March 31, 1899 (88 days)

98,057.68

27th regular session

Jan. 6 to March 28, 1901 (87 days)

126,855.45

28th regular session

Jan. 6 to April 8, 1903 (90 days)

103,918.35

29th regular session

Jan. 3 to March 30, 1905 (86 days)

88,088.70

30th regular session

Jan. 1 to April 4, 1907 (94 days)

180,000.00

31st regular session

Jan. 1 to April 1, 1909 (88 days)

93,723.91

32d regular session

Jan. 3 to April 6, 1911 (93 days)

104,954.52

33d regular session

Jan. 7 to April 16, 1913 (99 days)

159,758.88

34th regular session

Jan. 5 to April 8, 1915 (71 days)

129 648.48

35th regular session

Jan. 2 to April 24, 1917 (86 days)

147:912.97

36th special session

March 26 to April 8, 1918

14,330 10

37th regular session

Jan. 7 to April 18, 1919 (68 days)

141,708:23

38th special session

July 29 to Aug. 2, 1919

10,433.80

39th special session

Oct. 14 to Oct. 18, 1919

9,995.40

40th regular session

Jan. 4 to April 28, 1921 (99 days)

190:246.35

41st special session

Jan. 24 to Feb. 2, 1922

17,695.05

42d regular session

Jan. 2 to May 2, 1923 (86 days)

179,542.69

43d regular session.

Jan. 6 to April 1, 1925 (65 days)

155,550.16 4

     1 From 1877 to date, both houses have been republican, except in 1891, 1893, and 1907, when the Populist and the democratic parties controlled both houses; in 1909, 1911, 1915, and 1917, when both houses were controlled by the democratic party; and in 1918 when the House was democratic and the Senate republican.
     2 As reported by the auditor of public accounts
     3 No session of territorial legislature held in 1863. Federal appropriation of $20,000 to Pay expenses of this legislature was applied in payment of direct war tax due from Nebraska to the United States treasury.
     4 Incomplete.

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NEBRASKA BLUE BOOK, 1926

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LEGISLATIVE EMPLOYEES AND EXPENSES

SECRETARIES OF SENATE, CHIEF CLERKS OF HOUSE AND PAY RECEIVED
FOR COMPILING JOURNAL, 1866-1925

Year
Secretary
Pay for Compiling Journal
Chief Clerk
Pay for Compiling Journal

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

Eric 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

1905

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

Trenmore Cone

1,200.00

1911

William H. Smith

1,200.00

Henry Richmond

1,200.00

1913

Clyde H. Barnard

1,200.00

Henry Richmond

1,500.00

1915

E. A. Walrath

700.00

George W. Potts

680.00

1917

E. A. Walrath

900.00

George W. Potts

750.00

1919

Clyde H. Barnard

1,200.00

W. F. Hitchcock

862.00

1921

Clyde H. Barnard

400.00

F. P. Corrick

400.00

1923

Clyde H. Barnard

800.00

F. P. Corrick

1,200.00

1925

Clyde H. Barnard

1,200.00

F. P. Corrick

1,500.00

NUMBER OF LEGISLATIVE EMPLOYEES AND THEIR PAY, 1877-1925

Year
Senate
House
Total Paid to Senate
Total Paid to House

1877

48
50

4,987.00

$ 5,169.00

1879

57
53

5,049.50

5,546.00

1881

54
64

6,389.26

7,283.00

1883

51
72

8,255-50

8,514.00

1885

174
76

12,925.00

13,348.80

1887

76
82

14,852.00

16,587.00

1889

80
90

16,987.00

18,663.00

1891

119
112

26,762.40

20,025.00

1893

73
81

16,913.81

16,624.02

1895

107
90

21 227.25

15,972.60

1897

77
81

20:457.50

17,415.25

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
82

16,083.62

16,730.60

1911

82
86

15,589.50

17,019.50

1913

75
105

21,505.00

30,359.00

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

1921

29
40

19,735.00

19 866.00

1923

32
36

14,149.50

19 557.31

1925

31
41

12,121.00

24,513.32

     These figures are taken from the auditor's statements for the various sessions. In some cases the total number of employees includes a few employees who were carried on the books for only a day or so.

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