LEGISLATIVE ACTS.

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LEGISLATIVE ACTS AFFECTING THE NEBRASKA
STATE HISTORICAL SOCIETY.

Act giving force of law to reservation of Historical Square.

JOINT RESOLUTION.

Be it resolved by the Legislature of the State of Nebraska:
   That the report of the commissioners for the location of Lincoln, the seat of government of Nebraska, and for the erection of public buildings thereat, is hereby accepted, and all reservations of public squares, streets, and alleys, and church lots in Lincoln, together with the general design, is hereby adopted; and the governor may deed such church lots as other lands deeded by the state. Lincoln is hereby declared the seat of government of the state of Nebraska. The bondsmen of such commissioners are hereby released, and such commissioners are authorized to surrender the said bonds. Such commissioners are hereby authorized to pay out of the proceeds of the sale of any Lincoln lots, to be made, the sure of twenty-one hundred and twelve dollars, being a balance due on the erection of the Capitol buildings at Lincoln.

WM. McLENNAN,      
Speaker of the House of Representatives.

EDWARD B. TAYLOR,
      President of the, Senate.
   Approved February 15, 1869.

DAVID BUTLER, Governor.

   Laws of 4th--5th session, p. 316.


Granting to the city of Lincoln a certain block of lots in said city for a market place.

Be it enacted by the Legislature of the State, of Nebraska:
   Section 1. That there is hereby granted and donated to the city of Lincoln for public use, as a market square, all of block twenty-nine in said city, heretofore known as and called "The State Historical Society Block."
   See. 2. That it is a fundamental condition of this grant, that said block shall, forever, remain the public property of said city, for the use of its citizens, for market purposes, and shall never be sold or alienated by said city.
   See. 3. This act shall take effect and be in force from and after its passage.

   Approved, February 24, 1875.
   Laws 1875, pp. 317---


An act to aid and encourage the "Nebraska State Historical Society."

Be it enacted by the Legislature of the State of Nebraska:
   Section 1. That the "Nebraska State Historical Society," an organization now in existence--Robt. W. Furnas, President; James M. Woolworth and Elmer S. Dundy, Vice-Presidents; Samuel Aughey, Secretary, and W. W. Wilson, Treasurer, their associates and successors be, and the same is hereby recognized as a state institution.



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NEBRASKA STATE HISTORICAL SOCIETY.

   Sec. 2. That it shall be the duty of the President and Secretary of said institution to make annually reports to the governor, as required by other state institutions. Said report to embrace the transactions and expenditures of the organization, together with all historical addresses, which have been or may hereafter be read before the Society or furnished it as historical matter, a data of the state or adjacent western regions of country.
   Sec. 3. That said reports, addresses, and papers shall be published at the expense of the state, and distributed as other similar official reports, a reasonable number, to be decided by the state and Society, to be furnished said Society for its use and distribution.
   Sec. 4. That there be and is hereby appropriated annually the sum of five hundred dollars ($500) for the use and benefit of said "Nebraska State Historical Society," to be used under the direction of its officers exclusively to defraying expenses, collecting and preserving historical matter, data, relies, for the benefit of the state.

   Approved February 27th, A.D. 1883.
   Laws of 1883, pp. 340-41.



   An act to amend sections I and 2 of an act entitled "An act granting to the city of Lincoln a certain block of lots in said city, for a market place," approved February 24, 1875.

Be it enacted by the Legislature of the State of Nebraska:
   Section 1. That sections 1 and 2 of an act granting to the city of Lincoln a certain block of lots in said city, for a market place, approved February 24th, 1875, are hereby amended so as to read as follows:
   See. 1. That there is hereby granted and donated to the city of Lincoln, for public use as a market square and other public purpose, all of block twenty-nine, in said city, heretofore known as and called "The State Historical Society block."
   Sec. 2. That it is a fundamental condition of this grant that said block shall forever remain the public property of said city, for the use of its citizens, for market and other public purposes, and shall never be sold or alienated by said city.
   See. 2. That sections 1 and two of the act amended in section 1 hereof are hereby repealed.

   Approved March 5, A.D. 1885.
   Laws 1885, pp. 428-29.


(Senate File No. 55.)

An act to assist the state library and "The Nebraska State Historical Society" to augment their collections.

Be it enacted by the Legislature of the State of Nebraska:
   Section 1. To enable the state library and the Nebraska Historical Society to augment their respective collections by effecting exchanges with other societies and institutions, the state of Nebraska hereby donates to the state library two hundred (200) bound copies of each of the several publications of the state, its officers, societies and institutions, except the reports of the supreme court; and to the Nebraska State Historical Society fifty (50) volumes of the same publications as the same shall be issued.



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   Sec. 2. It Is hereby made the duty of the secretary of state, or other officer having custody of any of the said publications, to deliver the number of copies of the same above specified, on the issuance of said publications to the state librarian and the Secretary of the Nebraska State Historical Society respectively.

   Approved April 7, 1893.
   Laws 1893, pp. 366-67.


(Senate File No. 180.)

(Introduced by Mr. Jones.)

Act of 1905 concerning custody of records.

   A bill for an act to make the Nebraska State Historical. Society the custodian of records, documents, and historic material from the various departments of state, state institutions, court houses, city halls, and other public buildings and departments in the state of Nebraska, and to provide for making certified copies of the same by the officers of the Nebraska State Historical Society.

Be it enacted by the Legislature of the State of Nebraska:
   Section 1. (State Historical Society - Custodians of ancient public records.)--The Nebraska State Historical Society is hereby made the custodian of all public records, documents, relics, and other material which it may consider of historic value or interest and which are now or may hereafter be in any office or vaults of the several departments of state, in any of the institutions which receive appropriations of money from the legislature of Nebraska, in any of the county court houses or city halls or other public buildings within the state of Nebraska, subject always to the following regulations and conditions:
   See. 2. (Records subject to this act - Receipts.)--That such records, documents, relics, or other historic material shall not be in active use in any such department, institution, or building, nor have been in active use for the period of twenty years preceding their delivery to the custody of said State Historical Society. That such material, through lack of proper means to care for, or safe and adequate place to preserve, is liable to damage and destruction. That the officer or board having the care and management of such department, institution, or building, shall consent in writing to the custody of such documents, records, and materials by said State Historical Society. That the said State Historical Society shall cause invoice and receipts for such material so turned over to be made in triplicate, one copy to be deposited with the secretary of state, one with the officer or board turning over such material, and one retained by the Secretary of the State Historical Society.
   See. 3. It shall be the duty of every officer or board having control or management of any state department, institution, or building to notify the Secretary of the State Historical Society whenever there are records, documents, relics, or material in his or their care coming within the scope of this act.
   Sec. 4. (Cost of removal.) It shall be the duty of the State Historical Society by its officers or employes to examine such material and remove and receipt for such as shall seem to it of historic value. It shall transport the same at its own cost to its museum, and shall catalogue, arrange, and display the same for the free use of the public.
   See. 5. (Certified copies.) Certified copies of any record, document, or other material of which the Nebraska State Historical Society shall be the custodian shall be made upon application by the Secretary or



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NEBRASKA STATE HISTORICAL SOCIETY.

Curator of said Society under seal and oath. Such certified copy shall be received in courts or elsewhere as of the same legal validity as similar certificates from the original custodian of such record, document, or other material, and the Secretary or Curator of said Nebraska State Historical Society shall be entitled to the same fees for making such certified copy as the original custodian.

   Approved March 30, 1905.
   Laws of 1905. pp. 604-5.


(House Roll No. 431.)

(Introduced by Finance, Ways and Means Committee.)

   An act to secure the restoration to the state and its original purposes of block 29, in the city of Lincoln, Nebraska, originally known as "State Historical Society Block," or in lieu thereof of some other equally desirable tract; to provide for the erection of the basement story of a fireproof building thereon and a temporary roof for the same, to be used as a museum and library by the Nebraska State Historical Society for the safe preservation and exhibition of documents, books, newspapers, weapons, tools, pictures, relics, scientific specimens, farm and factory products, and all other collections pertaining to the history of the world, and particularly to that of Nebraska and the great West; also for the organization of the material and carrying on the work of the legislative reference department; to provide an appropriation of money therefor, to authorize the city of Lincoln to convey certain property in said city as a site for said building and grounds, and to amend sections 1 and 2, of chapter 121, of the session laws of 1885, and to repeal said original sections.

 
   (Preamble.) Whereas, David Butler, John Gillespie, and Thomas P. Kennard, commissioners of the state of Nebraska, appointed by the act of legislature of June 14, 1867, to relocate the capitol of the state of Nebraska, were granted power to "survey and stake cut public squares or reservations for public buildings," and
   Whereas, Said commissioners on August 26, 1867, in compliance with the act creating them, filed a surveyor's plat of the original city of Lincoln, bearing in proper place this legend "Block 29 for State Historical Library Association, incorporated August 26, 1867," and
   Whereas, On February 15, 1869: the legislature of the state of Nebraska. accepted and approved the acts of said commissioners, including the reservation of said block for the State Historical Library Association; and
   Whereas, on February 24, 1875, the legislature of the state of Nebraska granted and donated to the city of Lincoln said block 29, described in the act as "State Historical Society Block," for public use as a market square on the fundamental conditions that it should "forever remain public property for use for market purposes and never be sold or alienated by said city;" and
   Whereas, On March 5, 1885, the legislature of the state of Nebraska amended the act of 1875 so as to permit the block, again described as "State Historical Society Block," to be used by said city "as a market square and for other public purposes;" and
   Whereas, Under said amended act the city of Lincoln has used one corner of said block for its city offices and fire department; and



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Whereas, Arrangements have been completed by said city of Lincoln under which it has acquired the former U. S. postoffice building as a city hall, and is about to remove its offices to said building; and
   Whereas, The Nebraska State Historical Society has, since the year 1878, been carrying on the work to which said block 29 in the city of Lincoln was originally dedicated, and is now overcrowded in basement rooms of the University Library, where, in addition to its library, museum and newspaper department, it has now organized and carries on its legislative reference department; and
   Whereas, The restoration of block 29 to its original purposes as designed by the founders of this state and original locators of the city of Lincoln as a site for a State Historical Society building and park, is an act of justice and sound public policy; and
   Whereas, It is believed public sentiment in the city of Lincoln is now favorable to the restoration of said Historical Society Block to its original purposes, for which it is well adapted by reason of its central location in the city of Lincoln; therefore

Be it enacted by the Legislature of the State of Nebraska;
   Section 1. (Appropriation: building; use, management.)--That there is hereby appropriated out of any money belonging to the general fund of the state, not otherwise appropriated, the sum of twenty-five thousand dollars, to be expended in the construction and equipment of the basement story of a fireproof wing in the city of Lincoln, Nebraska, upon ground to be donated by the said city of Lincoln and accepted as the site for a Historical Society building and park by the executive board of the Nebraska State Historical Society. Said basement story and said wing and building and park shall be under the management and control of the Nebraska State Historical Society and be used by it as a museum and library building and grounds for the preservation, care, arrangement and exhibition of documents, books, newspapers, weapons, tools, pictures, relics, scientific specimens, farm and factory products, and all other collections pertaining to the history of the world, and particularly to that of Nebraska and the great West; also to carry on the work of the Nebraska legislative reference department.
   Sec. 2. (Same, basement story.)--Said basement slory shall be constructed according to plans and specifications adopted by the executive board of the Nebraska State Historical Society, shall be fireproof throughout, and shall be designed to preserve, care for, and exhibit, for the the use of the public all the collections which the Nebraska State Historical Society has in its custody or may hereafter receive, and to carry on the office work of said Society and of the legislative reference department. The management and control of the construction of said building shall be vested in the executive board of the Nebraska State Historical Society and such person or persons as the said executive board may appoint for such purpose.
   See. 3. (Building, construction )--The executive board shall proceed to secure bids for the construction of said basement story by advertisement in such manner as it may determine, or by such other means as will, in its judgment, secure the services of the most responsible contractor bidding lowest for the same. Said board shall also require the successful bidder to execute and file the bond required by an act of the legislature, approved March 21, 1889, before the final award and execution of the contract of construction. Said board shall make all orders necessary to protect the interests of the state and to secure the construction of said basement story according to the plans and specifications prepared there. for. Said board is hereby authorized and empowered to execute by its proper officers all contracts for the construction and equipment of said



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building, and to do and perform, by its duly appointed agents, all necessary acts and things in that behalf.
   Sec. 4. (Same, payments.) --Payment shall be made from time to time, as the work of construction proceeds upon estimates furnished by the Society and the superintendent of construction. Fifteen per cent of each estimate shall be retained until the work therein provided for shall be completed and accepted by the executive board. For the purpose of making such payments, and for all expenditures of money under this act, the said executive board shall issue its certificates, signed by its President, or its Vice-President, and its Secretary, directed to the Auditor of Public Accounts. who shall thereupon issue his warrant upon the general fund of the state directed to the treasurer, for the amount and in favor of the person or persons named in said certificates.
   Sec. 5. (Condition.)--The express condition of this appropriation is that within two years from the time this act shall take effect, the city of Lincoln, Nebraska, shall donate and convey to the Nebraska State Historical Society a tract of land in said city suitable for a site for a Historical Society building and acceptable to the executive board of said Society, and the governor of the state, provided that said property must be said block 29 in the city of Lincoln or property of equal value. Said appropriation shall become available after this act is passed, whenever the said Historical Society executive board shall certify by its proper officers under oath to the auditor of public accounts that the conditions named in this section have been complied with.
   Sec. 6. (Sections amended.)--That sections 1 and 2, of chapter 121, of the session laws of 1885, are hereby amended to read as follows:
   "Section 1. (Grant to Historical Society.)--That there is hereby granted and donated to the city of Lincoln, for public use as a market square and other public purpose, all of block 29, in said city, heretofore known as and called 'The State Historical Society Block.'
   "See. 2. (Condition.)--That it is a fundamental condition of this grant that said block shall forever remain public property of said city, for the use of its citizens, for market and other public purposes, and shall never be sold or alienated by said city; provided, that said city of Lincoln may by ordinance convey said block 29, or any part thereof, to the Nebraska State Historical Society for use as a site and grounds for a museum and library building for said Society and for the legislative reference department."
   See. 7. (Repeals.)--The said original sections 1 and 2, of chapter 121, of the Session Laws of 1885, are hereby repealed.

   Approved April 10, 1907.
   Laws 1907, pp. 457-61.


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