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STATE GOVERNMENT

175

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, 1930

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

STATE GOVERNMENT

177

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
44th regularsession,	Jan. 4 to April 23, 1927 (82 days)	176,488.12
45th regular session	Jan. 1 to April 24, 1929 (86 days)	182,426.544
46th special session	March 4 to 15, 1930 (11 days)	33,500.004

     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.

LEGISLATURE

179

PRESIDING OFFICERS - NEBRASKA LEGISLATURES
PRESIDENTS OF TERRITORIAL COUNCIL
J, L. Sharp, 1855	W. H. Taylor, 1860
H. R. Folsom, 1855	John Taffe, 1861
L. L. Bowen, 1857	F. A. Allen, 1864
George L. Miller, 1857	O. P. Mason, 1865-66
L. L. Bowen, 1858	E. H. Rogers, 1867
F. A. Donelan, 1859
SPEAKERS OF TERRITORTAL ASSEMBLY
A. J. Hanscom, 1855	H. W. DePuy, 1860
P. C. Sullivan, 1855	A. D. Jones, 1861
I. L. Gibbs, 1857	George B. Lake, 1864
J. H. Decker, 1057	S. M. Kirkpatrick, 1865
H. P. Bennett, 1058	James G. Megeath, 1866
S. A. Strickland, 1859	W. F. Chapin, 1867
PRESIDENTS PRO TEM OF THE SENATE
Frank Welch, 1866	F. T. Ransom, 1897
E. F. Rogers, 1867-63	A. R. Talbot, 1899
E. E. Cunningham, 1871	N. V. Harlan, 1901
W. A. Gwyer, 1873	W. H. Harrison, 1903
N. K. Griggs, 1875	W. H. Jennings, 1905
Guy C. Barton, 1876	Chas. L. Saunders. 1907
G. F. Blanchard, 1877	Geo. W. Tibbets, 1909
Wm. Marshall, 1879	John H. Morehead, 1911
J. B. Dinsmore, 1881	J. H. Kemp, 1911
A. H. Conner, 1883	Philip H. Kohl, 1915
Church Howe, 1885	John Mattes, Jr. 1917-18
G. D. Meiklepohn (sic), 1887	B. K. Bushee, 1919
Church Howe, 1889	R. S. Norval, 1921
W. A, Poynter, 1801	Chas. L. Saunders, 1923
E. M. Correll, 1893	John W. Robbing, 1925
J. C. Watson, 1895	Perry Reed, 1927
	John W. Cooper, 1929
SPEAKERS OF THE HOUSE
W. A. Pollock, 1866	J. N. Gaffin, 1897
W. F. Chapin, 1867.68	Paul F. Clark, 1899
W. McLennan, 1869-70	W. G, Sears, 1901
Geo. W. Collins, 1871	J. H. Mockett, Jr., 1903
M. Sessions, 1873	George L. Rouse, 1905
Edward S. Towle, 1875	D. M. Nettleton, 1907
Albinus Nance, 1877	C. W. Pool, 1909
C. P. Matthewson, 1879	John Kuhl, 1011
H. H, Shedd, 1881	P. C. Kelley, 1913
Geo. H, Humphrey, 1883	Geo. Jackson, 1915.18
Allen W. Field, 1885	Dwight S. Dalbey, 1919
N. V. Harlan, 1887	Walter L. Anderson, 1921
John C. Watson, 1889	A. N. Mathers, 1921
S. M. Elder, 1891	Allen G. Burke, 1925
J. N. Gaffin, 1891	James A. Rodman, 1927
C. L. Richards, 1895

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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
1927	Clyde H. Barnard	900.00	F. P. Corrick	1,500.00
1929	George C. Snow	1,500.00	F. P. Corrick	1,500.00

LEGISLATURE

181

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
1927	35	36	13,173.00	15,142.98
1929	34	43	15,019.10	20,134.50

     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.

© 2002 for the NEGenWeb Project by Pam Rietsch, Ted & Carole Miller