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renewals. The secretary is appointed by the State Superintendent with the approval of the governor.

1. License and register nurses, and enforce the laws governing the practice of nursing.

2. Inspect schools for training nurses and register and accredit the same.

Biennial report.

Educational directory (annual).

Certification bulletin (irregular).

Normal training bulletins.

Fire prevention bulletins.

Character education bulletins.

Adult immigrant education bulletins.

Rural school bulletins.

Nebraska Education Bulletin (monthly except June, July and August).

     This office was created by the constitution of 1875. Prior to that 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 legislature of 1929 added the duties of custodian of the capitol to those of the land commissioner. The legislature of 1935 voted to submit a constitutional amendment to abolish the office of commissioner.

The commissioner is required to--

Member of--

Biennial report.

Surveyor pamphlet.

     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 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 by the state.

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

Member of--

board of educational lands and funds.

board of canvassers.

depository bonds board.

board of pardons.

commission for control of feeble-minded

Biennial reports.

Briefs.

     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 constituion (sic) 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 legislatures of 1925 and 1927 provided for six supreme court commissioners to help clear the docket. The legislature of 1929 reduced the number of supreme court commissioners to three.

      The docket having been cleared, at the request of the court, the life of the supreme court commission was terminated in 1931.

      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.

      The judges of the court constitute the board of directors of the state ilbrary (sic).

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.

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

     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 Fontanelle 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-five judges.

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

     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."

     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; busses and trucks--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. Public grain warehouses--licensing and inspecting.

12. Farm storage of grain--complete supervision.

13. Issuance of securities by public utilities.

     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 legislature, 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, penitentiary, home for dependent children, a reformatory for men and one for women. In 1935 the legislature accepted from the federal government the lands and buildings of the Genoa Indian school. This institution may subsequently be developed as a state hospital.

     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. The legislature of 1931 prohibited the use of butter substitutes in fifteen of the seventeen institutions. The legislature of 1935 established a state use system of prison made goods, and created a state commission for the control of the feeble minded.

     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.

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.

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