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, 1936. 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.

      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 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 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 war 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.

      On November 6, 1934, the people of Nebraska adopted a constitutional amendment providing for a single house, or unicameral legislature. This amendment was initiated at the suggestion of United States Senator Norris, who had long advocated the plan, and who spoke for its adoption on the platform and by radio during the campaign which resulted in a favorable majority in all but nine counties in the state. The total vote was 286,086 for, and 193,152 against.

      Since Vermont abandoned the single house legislative plan one hundred years ago, all the state legislatures have been operating on a common bicameral model, patterned chiefly after the federal congress.

      The Nebraska amendment required the legislature of 1935 to apportion the state into not less than thirty or more than fifty legislative districts. A prolonged controversy over the number of districts and their boundaries ensued. It was discovered that indivisible counties were difficult to apportion on the basis of population, contiguity and compactness. Every conceivable combination was considered. Finally the number of districts was fixed at forty-three, and eventually an apportionment was arrived at.

      The amendments also provided that legislators shall be elected on a non-partisan ballot with no party designation, in a manner similar to that now employed for the election of judges, regents of the University, and state and county superintendents of schools.

      The lieutenant governor is to preside over the legislature, but a speaker is to be chosen by the legislature to preside at such times as he may be needed.

      The limit of twenty legislative days for the introduction of bills was omitted. The regular sessions of the legislature are as heretofore, but it is provided that the legislature may authorize other sessions by law. The sum of $37,500 a year is to be divided equally among the members as salaries.

      The amendment provided that all functions heretofore belonging to the legislature or to either house shall be exercised by the unicameral, or one house legislature.

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

     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.

     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.

NUMBER OF BILLS INTRODUCED AND LAWS PASSED 1915-1935

Year	Bills			Laws
	Senate	House	Total
1915	298	766	1,064	299
1917	332	803	1,135	273
1919	263	505	848	300
1921	351	624	975	313
1923	333	724	1,057	193
1925	274	459	733	186
1927	314	633	947	190
1929	307	509	096	200
1931	374	498	072	164
1933	477	605	1,082	163
1935	367	689	1,056	192

© 2003 for the NEGenWeb Project by Pam Rietsch, Ted & Carole Miller