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     This office was created by the constitution of 1875. Prior to that time the auditor had charge of the educational lands of the state, and the various buildings were under supervision of appointed boards. In 1903 the legislature created the office of state surveyor, such officer to be appointed by the commissioner of lands and buildings. The surveyor is required to take charge of field notes, maps, and records of government surveys and to render advice on all questions or inquiries relating to surveys and grievances or disputes arising out of conflicting surveys. By amendment to the constitution adopted in 1912 the custody of the buildings and grounds of the state penal and charitable institutions .passed to the board of control for state institutions.

The commissioner is required to--

1. Keep record and have custody of the public lands of the state, except where otherwise provided by the constitution and statutes.
2. Appoint and supervise a state surveyor.
3. Prepare leases and deeds for public lands.
4. Be custodian of the dapitol.

Member of--

board of educational lands and funds.

Biennial report.

Surveyor pamphlet.

 

	Salary
Attorney General--C. A. Sorensen	$5,000
Assistant Attorney General--George W. Ayres	4,500
Assistant Attorney General--L. Ross Newkirk	4,200
Assistant Attorney General--Hugh LaMaster	4,200
Assistant Attorney General--Clifford L. Rein	3,900
Assistant Attorney General--Irvin Stalmaster	3,600
Legal Stenographer--Freda C. Bayerlein	1,800
Legal Stenographer--Dorothy Gish Ketelhut	1,500
Legal Stenographer--Marie Wendelin	1,080

     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.
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
Charles A. Goss, Chief Justice	January, 1933	$7,500
Edward E. Good	January, 1935	7,500
James R. Dean	January, 1935	7,560
George A. Eberly	January, 1931	7,500
W. H. Thompson	January, 1931	7,500
William B. Rose	January, 1931	7,500
L. B. Day	January, 1935	7,500

COMMISSIONERS--1929 TO 1931

Frederick L. Wolff	Claude A. Davis
W. W. Wilson

Clerk and Librarian--C. B. Letton	$5,000
Deputy Clerk--George H. Turner	3,000
Reporter--Henry P. Stoddard	4,000
Assistant Deputy Reporter--Belle M. Howell	1,800
Assistant Deputy Reporter--Mildred M. Lymes	1,800
Opinion Clerk--Maysel E. Taylor	1,800
Journal Clerk--Mary M. Greer	1,800
Stenographer--Gertrude Mills	1,500
Stenographer--Lora M. Scheib	1,800
Bailiff--H. B. Larson	1,800
Bailiff--W. V. Dobbins	1,800

Alice Cary--Chief Justice Goss	$1,800
Florence B. Wilson--Judge Good	1,800
Ethel Mischnick---Judge Dean	1,800
John J. Jansen--Judge Day	1,800
Arthur H. Bass--Judge Eberly	1,800
E. Reye Merrill--Judge Rose	1,800
George E. Howard--Judge Thompson	1,800

     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.

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.

Reports, volumes 1--113.

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
		E. B. Chappell	Lincoln
		Frederick E. Shepherd	Lincoln
		Lincoln Frost	Lincoln
4	Burt, Douglas, Washington	James M. Fitzgerald	Omaha
		Charles Leslie	Omaha
		Frank M. Dineen	Omaha
		William A. Redick	Omaha
		William G. Hastings	Omaha
		Alexander C. Troup	Omaha
		Arthur C. Thompsen	Omaha
		Charles E. Foster	Omaha
		Herbert Rhoades	Omaha
5	Butler, Hamilton, Polk,	H. D. Landis	Seward
	Saunders, Seward, York	L. S. Hastings	David City
6	Boone, Colfax, Dodge, Merrick,	Fred L. Spear	Fremont
	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
		Charles H. Stewart	Norfolk
10	Adams, Clay, Franklin, Harlan, Kearney, Phelps, Webster	J. W. James	Hastings
		Lewis H. Blackledge	Red Cloud
11	Blaine, Garfield, Grant, Greeley, Hall, Hooker, Howard, Loup, Thomas, Valley, Wheeler	Edwin P. Clements	Grand Island
		Bayard H. Paine	Grand Island
12	Buffalo, Custer, Logan, Sherman	Bruno O. Hostetler	Kearney
13	Cheyenne, Dawson, Deuel, Keith, Kimball, Lincoln, McPherson, Arthur, Banner	Isaac J. Nisley	Lexington
		J. Leonard Tewell	Sidney
14	Chase, Dundy, Frontier, Furnas, Gosper, Hayes, Hitchcock, Perkins, Red Willow	Charles E. Eldred	McCook
15	Boyd, Brown, Holt, Keya Paha, Rock	Robert R. Dickson	O'Neill
16	Box Butte, Cherry, Dawes, Sheridan, Sioux	Earl L. Meyer	Alliance
17	Garden, Morrill, Scotts Bluff	Edward F. Carter	Bayard
18	Gage. Jefferson	Fred W. Messmore	Beatrice

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

     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, 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
Charles A. Randall, Chairman, Newman Grove	January, 1935	$5,000
*John E. Curtiss, Vice Chairman, Lincoln	January, 1931	5,000
John H. Miller, Lincoln	January, 1933	5,000

EMPLOYEES

Secretary--Hugh Drake	$2,640
Assistant Secretary--Mary E. Sheehan	1,800
Stenographer and Reporter--Audrey Smith	1,320
Stenographer--Janet Ashton	1,440
File Clerk and Bookkeeper--Edith M. Snyder	1,440
Recording Clerk and Stenographer--Hazel Bogue	1,080
Rate Expert--U. G. Powell	5,000
Rate Clerk--C. A. Ross	2,640
Assistant Rate Clerk--W. N. Ochsner	2,040
Record Clerk--Fern Parker	1,200
Stenographer--Ruth Seeley	1,200
Chief Engineer--B. E. Forbes	3600
Assistant Engineer--R. C. McLain	2:280
Stenographer and Reporter--Frances Bedford	1,200
Chief Accountant--Lawrence W.Kemmer	1,440
Counsel--Hugh LaMaster, Ass't Attorney General.

Ass't Accountant--John Schnell	1,920
Stenographer--Grace Peterson	1,200
Bus Clerk--Robert Powell	1,800

     The Nebraska state railway commission had its genesis in an act of the Nebraska 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. 141). The present railway commission was created by constitutional amendment adopted November, 1906.
     The commission consists of three members elected at large for a term of six years. Its powers and duties under the constitution include the regulation of rates, service and general control of common carriers. By specific legislative enactment the commission has control and jurisdiction over the following:

     1. Railroads--rates, depot facilities, stockyards train service, safety laws, transfer tracks, passes, crossings and the compiling and filing of reports required by law.
     2. Street railways-rates and service.
     3. Telephone companies- rates, service, extensions, physical connections, consolidations.
     4. Express companies-rates and service.
     5. Telegraph companies-rates and service.
     6. Pullman company--rates and service.
     7. Motor transportation and taxi-cab companies--service, safety, liability insurance.
     8. Electric transmission lines--construction methods, routing and controversies between companies. 9. Rural electric districts--rates and securities.
     10. Irrigation companies--rates and service.
     11. Aviation--licensing of air craft and airmen.

	Term Expires	Salary
B. T. Westervelt, Scottsbluff	July, 1981	4,000
H. S. Thorpe, Norfolk	July, 1983	$4,000
Mrs. Nellie G. Benson, Silver Creek	July, 1985	4,000

	Salary
Secretary--O. R. Shatto	$2,640
Bookkeeper--Florence Keens	1,620
Voucher Clerk--Mildred A. Diamond	1,620
Report and File Clerk--Doris King	1,620
Contract Clerk--Hilda Mooberry	1,620

     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. The legislature of 1929 provided for the appointment by the board of five physicians from the institutional medical staffs to constitute a board of examiners of defectives.

Biennial report.

Arthur J. Weaver, Governor	Chairman
Frank Marsh, Secretary of State	Secretary
C. A. Sorensen, Attorney General.

EMPLOYEE

N. T. Harmon

Chief State Probation Officer

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.