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164

NEBRASKA BLUE BOOK, 1926

RELATION TO BOARDS

Member of--

board of educational lands and funds.

PUBLICATIONS

Biennial report.
Surveyor pamphlet.

DEPARTMENT OF JUSTICE

	Salary
Attorney General---O. S. Spillman	$5,000
Assistant Attorney General--George W. Ayres	4,500
Assistant Attorney General---Lloyd Dort	4,200
Assistant Attorney General--Hugh LaMaster	3,900
Assistant Attorney General---T. J. McGuire	3,840
Assistant Attorney General--Lee Basye	3,900
Assistant Attorney General---Harry Silverman	2,400
Stenographer--Bookkeeper---Freda C. Bayerlein	1,800
Stenographer--Caroline L. Ayer	1,560

HISTORY

The office of attorney general grew out of specific legislative acts authorizing the governor to employ counsel to perform legal duties for the state. An act of 1869 provided for the election of an attorney general. There was opposition to the continuance of the office in the constitutional convention of 1875, but the office was included with the constitutional elective offices in that instrument.

The legislature of 1919 passed an act creating the department of justice, with the attorney general as the head of the department. This department has "general control and supervision of all actions and legal proceedings in which the state of Nebraska may be a party or be interested," and has "charge and control of all the legal business of all departments and bureaus of the state or of any office thereof which requires the services of attorney or counsel in order to protect the interests of the state," except any military bureaus or departments of the state.

The practice of employing private counsel for the departments has been abolished.

DUTIES AND POWERS

The attorney general has the same powers and prerogatives in each of the several counties of the state as the county attorneys have in their respective counties. He is required--

1. To appear and defend actions and claims against the state.
2. To consult with and advise the county attorneys, when requested by them, in all criminal matters and in matters
relating to public revenue.

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3. To give, when required, without fee, his opinion in writing upon all questions of law submitted to him by the
    governor or the head of any executive department or either branch of the legislature.
4. At the request of the governor or head of any executive department to prosecute or defend for the state all actions
    and proceedings, civil or criminal, relating to any matter connected with their departments.
5. To enforce the proper application of moneys appropriated by the legislature to the various funds of the state,
     and prosecute breaches of trust in the administration of such funds.
6. To prepare, when requested by the governor or other executive officers, proper drafts for contracts, forms or
    other writings which may be wanted for use.
7. To appear for the state and prosecute and defend all actions and proceedings, civil or criminal, in the supreme court,
    in which the state is interested or a party, and when requested by the governor or either branch of the legislature, to
    appear for the state and prosecute or defend any action or conduct any investigation in which the state is interested or
    a party before any court, officer, board, tribunal or commission.

RELATION TO VARIOUS BOARDS, OFFICES, ETC.

Member of--

board of educational lands and funds.
board of canvassers.
depository bonds board.
board of pardons.

PUBLICATIONS

Biennial reports.
Briefs.

SUPREME COURT

JUDGES

	Term Expires	Salary
Andrew M. Morrissey, Chief Justice	January, 1927	$7,500
George A. Day	January, 1929	7,500
Edward E. Good	January, 1929	7,500
James R. Dean	January, 1929	7,560
George A. Eberly	January, 1931	7,500
W. H. Thompson	January, 1931	7,500
William B. Rose	January, 1931	7,500

COMMISSIONERS--1925 TO 1927

First Division	Second Division
William T. Thompson	George W. Tibbets
Charles A. Sandall	Thomas F. Neighbors

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NEBRASKA BLUE BOOK, 1926

OFFICERS AND EMPLOYEES

Clerk and Librarian--Harry C. Lindsay	$5,000
Deputy Clerk--Victor Seymour	3,000
Reporter--Henry P. Stoddard	4,000
Assistant Deputy Reporter--Belle M. Howell	1,800
Assistant Deputy Reporter--Mary E. Patterson	1,800
Opinion Clerk--Frances S. Robb	1,800
Journal Clerk--Mary M. Greer	1,800
Stenographer--Cleo Lee	1,500
Stenographer--Lora M. Scheib	1,850
Bailiff---H. B. Larson	1,800
Bailiff---W. V. Dobbins	1,800

STENOGRAPHERS FOR JUDGES

George H. Turner---Chief Justice Morrissey	$1,800
Florence B. Wilson--Judge Good	1,800
Ethel Mischnick---Judge Dean	1,800
Florence Leighton--Judge Day	1,800
George F. Zellers--Judge Eberly	1,800
E. Reye Merrill--Judge Rose	1,800
George E. Howard--Judge Thompson	1,800

HISTORY

The supreme court had its origin in the organic act creating the territory May 30, 1854, which declared that "The supreme court shall consist of a chief justice and two associate justices." The constitutions of 1866 and 1875 provided for three judges. Prior to the constitution of 1875 the members of this court also presided over the district courts. The cases before the supreme court became so numerous that the legislature of 1901 authorized the supreme court to appoint nine commissioners to aid them in clearing up the docket. The legislature of 1905 reduced the number of supreme court commissioners to six. By constitutional amendment adopted November, 1908, the supreme court was increased from three to seven judges.

To make it possible to expedite the work of the court, an amendment submitted by the constitutional convention of 1920, provided that the supreme court might sit in two divisions, and empowered the chief justice to appoint district judges to sit with the supreme judges in order to have five judges in each division. Cases involving the constitutionality of a statute, and all appeals from a conviction of homicide must be heard by the undivided court. The legislature of 1925 provided for six supreme court commissioners to help clear the docket. These commissioners receive $5,000 a year, for the two years that the law provides as the life of the commission.. Four stenographers assist the commission.

The new constitution also provides for the election of the six justices by the electors of six districts, leaving only the chief justice to be elected at large.

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JURISDICTION

1. Has original jurisdiction in cases relating to revenue, civil cases in which the state shall be a party, mandamus,
quo warranto, habeas corpus, and such appellate jurisdiction as may be provided by law.

PUBLICATIONS

Reports, volumes 1--113.

JUDICIAL DISTRICTS AND DISTRICT JUDGES¹.

No. of Dist.	Counties in District	Judges	Residence
1	Johnson, Nemaha, Pawnee, Richardson	John B. Raper	Pawnee City
2	Cass, Otoe, Sarpy	James T. Begley	Plattsmouth
3	Lancaster	J. H. Broady	Lincoln
		Mason Wheeler	Lincoln
		Frederick E. Shepherd	Lincoln
		Willard E. Stewart	Lincoln
4	Burt, Douglas, Washington	James M. Fitzgerald	Omaha
		L. B. Day	Omaha
		Charles Leslie	Omaha
		William A. Redick	Omaha
		William G. Hastings	Omaha
		Alexander C. Troup	Omaha
		Arthur C. Wakeley	Omaha
		Charles A. Goss	Omaha
		A. L. Sutton	Omaha
5	Butler, Hamilton, Polk,	H. D. Landis	Seward
5	Saunders, Seward, York	L. S. Hastings	David City
6	Boone, Colfax, Dodge, Merrick,	Frederick W. Button	Fremont
6	Nance, Platte	Louis Lightner	Columbus
7	Fillmore, Nuckolls, Saline, Thayer	Robert M. Proudfit	Friend
8	Cedar, Dakota, Dixon, Thurston	Mark J. Ryan	Pender
9	Antelope, Cuming, Knox, Madson, Pierce, Stanton, Wayne	DeWitt Clinton Chase	Stanton
9	Antelope, Cuming, Knox, Madson, Pierce, Stanton, Wayne	Anson A. Welch	Wayne
10	Adams, Clay, Franklin, Harlan, Kearney, Phelps, Webster	William A. Dilworth	Holdrege
11	Blaine, Garfield, Grant, Greeley, Hall, Hooker, Howard, Loup, Thomas, Valley, Wheeler	Lewis H. Blackledge	Red Cloud
11		Edwin P. Clements	Grand Island
12	Buffalo, Custer, Logan, Sherman	Bayard H. Paine	Grand Island
13	Cheyenne, Dawson, Deuel, Keith, Kimball, Lincoln, McPherson, Arthur, Banner	Bruno O. Hostetler	Kearney
13		Isaac J. Nisley	Lexington
14	Chase, Dundy, Frontier, Furnas, Gosper, Hayes, Hitchcock, Perkins, Red Willow	J. Leonard Tewell	Sidney
14		Charles E. Eldred	McCook
15	Boyd, Brown, Holt, Keya Paha, Rock	Robert R. Dickson	O'Neill
16	Box Butte, Cherry, Dawes, Sheridan, Sioux	William H. Westover	Rushville
17	Garden, Morrill, Scotts Bluff	P. J. Barron	Gering
18	Gage. Jefferson	William J. Moss	Beatrice

¹ Salaries of district judges are $5,000. Each judge has a court reporter at $2,750 a year.

HISTORY

The organic act of May 30, 1854, provided for three judicial districts in the newly created territory. These courts were presided over by the justices of the supreme court, who were required to reside in the districts to which they were assigned. On December 20, 1854,

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NEBRASKA BLUE BOOK, 1926

Acting-Governor Cuming, by proclamation, assigned Chief Justice Fenner Ferguson to the first district, embracing the counties of Douglas and Dodge; Judge Edwin R. Harden to the second district, embracing all that portion of the territory lying south of the Platte river; and Judge James Bradley to the third district, embracing the counties of Washington and Burt. He also appointed first sessions of these courts at "Belleview," Douglas county; Nebraska City, Pierce county; and Florence, Washington county. An act of March 16, 1855, defined the first district as the counties of Douglas and Washington with court held in Omaha, and in Washington county. The second district included Richardson, Nemaha, Otoe, Cass, Lancaster, Greene Clay, Saline, Pawnee, Johnston and York counties and court was held in various places in the district. The third district embraced the counties of Burt, Dodge, Loup, Black Bird, Dakotah, Buffalo, Cuming, Izard, Jackson and McNeil with court to be held at Fontenelle and Tekamah. The functions of these courts were further defined by the adoption of the code of February 13, 1857.

The constitution of 1875 provided for six judicial districts and. relieved the judges of the supreme court of duties in the district courts. There are now eighteen districts with thirty--four judges.

A constitutional amendment adopted in September, 1920, provided that district judges must assist the supreme court when required.

JURISDICTION

These courts have "both chancery and common law jurisdiction, and such other jurisdiction as the legislature may provide; and the judges thereof may admit persons charged with felony to a plea of guilty and pass such sentence as may be prescribed by law."

RAILWAY COMMISSION

COMMISSION

	Term Expires	Salary
Thorne A. Browne, Chairman, Lincoln	January, 1927	$5,000
H. G. Taylor, Central City	January, 1931	5,000
Charles A. Randall, Newman Grove	January, 1929	5,000

EMPLOYEES

Secretary--Leonard D. Densmore	$2,540,
Assistant Secretary--Mary E. Sheehan	1,620
Stenographer and Reporter---Tillie Polsky	1,320
Stenographer--Audrey Wheeler	1,320
Recording Clerk and Bookkeeper--Edith M. Snyder	1,200
Rate Expert---U. G. Powell	5,000
Rate Clerk---C. A. Ross	2,400
Assistant Rate Clerk---W. N. Ochsner	1,920
Stenographer--Grace Preece Carrol	1,200
Record Clerk--Fern Parker	1,140

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Chief Telephone Accountant--I. J. Devoe.	2,600
Stenographer--Helen Johnson	1,200
Chief Engineer---B. E. Forbes	3600
Assistant Engineer---R. C. McLain	2:280
Stenographer--Frances Bedford	1,200
Counsel--Hugh LaMaster
Stenographer (One--half time)---Madeline Carveth	600

HISTORY

This office had its genesis in an act of the legislature approved March 5, 1885, creating the board of transportation, whose purpose was railroad regulation. The act was declared unconstitutional by the state supreme court on November 21, 1900. (60 Neb. 741.) The act was repealed and the board abolished by the legislative act of March SO, 1901. The present railway commission was created by constitutional amendment adopted November, 1906. Its functions are more clearly defined and wider in scope than those of the earlier board.

DUTIES AND POWERS

The railway commission exercises jurisdiction as follows:--

1. Of service and general control over all. railroads, express companies, car companies, sleeping car companies, freight
and freight line companies, water power companies, irrigation works, electric transmission lines, in certain instances,
and other common carriers engaged in the transportation of freight or passengers within the state.
2. Investigates all cases of alleged neglect or violation of laws by railway companies and other common carriers.
3. Administers public grain warehouse law.
4. Of construction of electric transmission lines outside limits of incorporated cities of metropolitan, first or second class.
5. Compels attendance of witnesses in investigations.
6. Over securities of common carrier or public service corporations doing business in Nebraska.
7. As to issuance of permits for sale of tractors after proper testing.

PUBLICATIONS

Annual report.
Nebraska classification No. I and supplements.
General order No. 19 and supplements.

BOARD OF CONTROL

COMMISSIONERS

	Term Expires	Salary
L. Clark Oberlies, Lincoln	July, 1927	$4,000
Mrs. Carrie A. Birss, Omaha	July, 1929	4,000
E. T. Westervelt, Scottsbluff	July, 1931	4,000

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EMPLOYEES

Salary Secretary--Ernest B. Fairfield	$2,640
Accountant--Mrs. Mabel Clark	1,800
Bookkeeper---Florence Keens	1,500
Voucher Clerk---Mildred A. Diamond	1,500
Stenographer and File Clerk--Marie B. Fiss	1,500
Clerk--Hilda Sarse	1,500

HISTORY

The board was created by a constitutional amendment adopted November 5, 1912. Its name was changed from "Board of Commissioners of State Institutions" to "Board of Control" by constitutional amendment adopted September 21, 1920. It consists of three members appointed by the governor and confirmed by two--thirds of the senate, their terms of office being six years. This board has full power to control all present and future state penal, reformatory and charitable institutions subject to the limitations of the statute. The powers previously possessed by the governor and the board of public lands and buildings with reference to the management and control of these institutions was vested 'in the Board of commissioners of state institutions on July 1, 1913. An act, in effect April 21, 1913, prescribed the duties of the board. It is required to appoint certain chief officers of all the institutions under its control. The entire board is required to visit and inspect every institution at least once in six months, and at least one member must visit and inspect each institution once in sixty days. The board is required to purchase all necessary supplies for all the institutions. It has control of all admissions to the institutions. It must gather statistics and information and publish the same in its biennial report. The following institutions are under the management of the board: two soldiers' homes, three hospitals for the insane, school for the deaf, school for the blind, two industrial schools, institution for feeble--minded, industrial home, orthopedic hospital, hospital for tuberculous (sic), penitentiary, home for dependent children, a reformatory for men and one for women.

The legislature of 1921 made the board of control the legal custodian of dependent, defective and delinquent children, adjudged by the juvenile court to be in need of institutional care.

PUBLICATIONS

Biennial report.

BOARD OF PARDONS

BOARD

Adam McMullen, Governor	Chairman
Charles W. Pool, Secretary of State	Secretary
O. S. Spillman, Attorney General.

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EMPLOYEE

N. T. Harmon

Chief State Probation Officer

HISTORY

The legislature of 1911 created the state prison board and the advisory board of pardons. The state prison board was composed of three members appointed by the governor to serve for three years. One of these was required to be a practicing physician and one a practicing attorney. The prison board was also the advisory board of pardons. The clerk of the state board of charities and corrections was secretary of these boards, and served also as state parole officer. The functions of these boards were merged in the department of public welfare in 1919.

A constitutional amendment adopted in 1920 created a board of pardons and designated the governor, secretary of state and attorney general as its members.

DUTIES AND POWERS

The pardon board--

1. May remit fines and forfeitures, and grant commutations, pardons and paroles after conviction and judgment under such
    conditions as may be prescribed by law for offenses committed against the criminal laws of the state except treason and
    cases of impeachment.
2. May receive and consider applications for pardons, paroles, reprieves, commutations of. sentence, remission of fines and
    forfeitures.
3. May hold public hearings on application for clemency, and must serve notice of such hearings upon certain officials, and
    upon the public by publication.