The act of February 15, 1864, created the office of adjutant general for the territory of Nebraska, with the salary of $300 per annum. The occasion was the great Sioux and Cheyenne Indian war on the Nebraska border. The territorial militia was organized under an act approved February 13, 1865. The act of the state legislature of February 15, 1869, continued the office. On March 17, 1871, the legislature abolished the office, and provided for the transfer of the archives to the custody of the secretary of state. By the act of February 28, 1881, the office was restored and has had continuous existence since that time.
     The governor appoints the adjutant general from the commissioned officers of the Nebraska National Guard. The appointee holds the position until the age of retirement at sixty-four, unless he resigns or is relieved according to law.

     The adjutant general is required to--
     1. Have control of the military department subject to the governor, whose orders he transmits.
     2. Keep records, receive and issue supplies, care for equipment and other property of the military department, and is responsible for the training and equipping of the National Guard.

     Biennial report.

     The constitution of 1875 (article VII, section 1) designated the governor, secretary of state, treasurer, attorney general and commissioner of public lands and buildings to constitute a board for the sale, leasing, and general management of all lands and funds set apart for educational purposes. An act signed April 21, 1913, transferred to the management of this board all lands and buildings formerly managed by the board of public lands and buildings, except those which a constitutional amendment of 1912 (article IV, section 19) transferred to the board of control of state institutions. The civil administrative code of 1919 repealed this law in so far as custody of the capitol is concerned
     The board of educational lands and funds is the trustee of the "state aid relief fund," provided by the legislature of 1921 for the relief of veterans of the World War. The board also has control of the funds appropriated by the legislature for the relief of veterans of the Spanish-American War.

     The legislature of 1935 provided that the board of educational lands and funds should administer the State of Nebraska fidelity and indemnity official bond fund. This fund is designed to provide official bonds for state and local officers.

     The legislature of 1935 was confronted with a more serious problem of relief than even that faced by the previous session. The federal government was returning the administration of relief so the states, but made certain requirements of the states which must be met if federal funds are to be secured by the stases. Laws were passed in the regular session of 1935 that were believed to meet these requirements, but the fina] federal legislation was not perfected until after the very late adjournment in May, 1935. It was, therefore, necessary for Governor Cochran to call a special session late in the following October, to enact social security legislation that would co-ordinate the federal and state activities. Legislation setting up the necessary administrative machincry was enacted, and provision made for special taxes to raise funds.

      The federal social security program includes relief of the unemployed, assistance to the old, the blind, dependent and crippled children; child welfare, maternal and child health, public health, and unemployment insurance. Nebraska did not pass any law so comply with the federal unemployment insurance provisions.

      The state administration and supervision of unemployment relief, old age and blind assistance, aid to dependent and crippled children, and child welfare activities is committed to she state assistance committee. This committee is composed of the membership of the state board of educational lands and funds whose members are the governor, secretary of state, attorney general, state treasurer, and commissioner of lands and buildings. The maternal and child health and public health activities are administered by the director of health.

      Funds to carry on these activities are derived from appropriations from the statt general fund, a tax of one cent a gallon on all gasoline sold in the state, a state old age pension tax of two dollars on every male and female inhabitant of the state between the ages of twenty-one and fifty years with certain exceptions, and contributons (sic) from the federal government. The state appropriations for the current biennium are:

     These funds are divided by law among the several activities, and apportioned to the counties in the proportion which the total population of each county bears to the total population of the state.

      The local administration of the relief activities is directed by county assistance committees composed of the board of county commissioners or supervisors, with addition of the county treasurer and the county board of public welfare, if such board exists. The state assistance committee has supervision of the relief activities of the county assistance committees.

      The various state and local agencies that are concerned with child welfare co-operate under the immediate supervision of the director of the state child welfare bureau.

      The health activities of the social security program are under the supervision of the state director of health.

      Meets for assessment first Monday in May.
      Meets for equalization third Monday in July.

      The territorial auditor in 1855 determined the amount to be raised by each county for territorial tax. In 1857 the legislature adopted the revenue code of Iowa for Nebraska territory. This code provided for a census board which was to exercise the functions of a board of equalizaton. In 1858 the legislature provided that the territorial auditor and treasurer should constitute the territorial board of equalization. A further amendment in 1864 added the governor to this board, which continued unchanged until 1903 when the secretary of state and commissioner of public lands and buildings were added. At this time the board was authorized to appoint a secretary.

      A constitutional amendment adopted in September, 1920, substituted a tax commissioner for the commissioner of public lands and buildings in the personnel of the board. The tax commissioner is appointed by the governor with the consent of the senate, and has jursdiction (sic) over the administration of all revenue laws of the state, subject to review by the hoard of equalization.

      The board of equalization and assessment--

      1. Must fix the assessed valuation for purposes of taxation of railroads, and the franchise value of certain corporations.
      2. Must equalize the assessments of property in the several counties, and has power to raise or lower the assessed valuation of any county.
      3. Shall determine the amount of all taxes required for state purposes and the rate of taxation upon all property in the state necessary to raise the same, and make the levy of such taxes.

      The tax commissioner--

      1. Shall provide a uniform method of keeping all books relating to taxation in the several counties, and shall send to county clerks all blanks necessary to the operation of the assessment laws.
      2. Shall have general direction and control of the county assessors.

TAX COMMISSIONER

199

ACTIVITIES OF TAX COMMISSIONER UNDER CIVIL ADMINISTRATIVE CODE

DIVISIONS

     1. To supervise and examine the accounts and financial reports and statements of any expending agencies of the state.
     2. To examine, at any and all times, into accuracy and legality of the accounts, receipts and expenditures of the public moneys and the disposition and use of the public property by the several departments and other expending agencies.
     3. To keep such summary and controlling accounts as may be necessary to determine the accuracy of the detailed accounts and reports from the several departments, and prescribe the manner and method of certifying that funds are available and adequate to meet all contracts and obligations.
     4. To examine, at any and all times the accounts of every private corporation, institution, association or board receiving appropriations from the legislature.
     5. To examine and approve or disapprove such vouchers, bills and claims as are by law made subject to the approval of the governor.
     6. In settling accounts of the several departments, to inquire into and make an inspection of articles and materials furnished or work and labor performed, for the purpose of ascertaining that the prices, quality and amount of such articles or labor are fair, just and reasonable, and that all the requirements, expressed and implied, pertaining thereto have been complied with, and to reject and disallow any excess.
      7. To publish, from time to time, for the information of the several departments and for the general public, bulletins of the work of the state government.

      The duties of the following hoards and bureaus of the old administrative system have been taken over by the tax commissioner.

      A territorial act approved March 15, 1855, provided that the secretary of the territory should print and distribute the laws and joint resolutions. On January 29, 1857, Robert W. Furnas was elected public printer, and an act approved February 13, 1857, authorized the printer to print the session laws and the journals of each house. The earliest state law in reference to state printing is one approved June 18, 1867. This act provided that the auditor, treasurer and secretary of state should advertise for bids for state printing. An act approved February 25, 1875, required state officers to deliver their reports to the state printer and have them ready for distribution at the beginning of the legislature. The earlier act was repealed by an act approved February 24, 1883, and a state printing board, consisting of the auditor, treasurer and secretary of state, with duties almost identical with those required by the early law, created. The legislature of 1897 substituted a new act which required the printing board to let contracts for printing, stationery and supplies for all state departments, and allowed $1,000 a year as salary for an expert printer to attend to the actual duties of the board.

     An act approved April 3, 1909, provided that the printing board should consist of the governor, auditor and secretary of state and gave the governor power to appoint a secretary. The legislature of 1911 repealed the existing law and created a bureau of printing, and made the governor the commissioner of the bureau with power to

appoint a deputy at a salary of $1,500 a year. The legislature of 1917 enacted a new public printing law similar to that of 1911. The functions of the bureau of printing are now discharged by the division of purchases and supplies.

     To secure bids and award contracts for printing, stationery and office supplies required by the various state offices and institutions, except the university and the state normal schools.

     Meets third Monday after election.

     An act approved March 16, 1855, required the territorial secretary, with two other territorial officers, to canvass the vote on territorial officers. An act approved January 26, 1856, provided that the territorial auditor, in the presence of the governor and one territorial officer, should canvass the vote for delegate to congress and territorial officers. This law was amended on February 13, 1857, to provide that the governor, chief justice and United States attorney of the territory should canvass the vote on delegate to congress and territorial officers. An act approved February 15, 1864, provided that the territorial secretary, auditor and governor should canvass the vote on delegate to congress, territorial auditor and territorial treasurer.

      An act approved February 15, 1864, provided that qualified electors of the territory in the actual miltary (sic) service of the United States or of this territory should be entitled to exercise the right of suffrage while absent from home. The governor, secretary and auditor of the territory were to canvass this vote and perform such other duties relating to the canvass as might be required under existing provisions of law. The revised statutes of 1866 added the vote on territorial librarian to the list of those canvassed. An act of October 28, 1868, provided for canvassing the vote on presidential electors. An act approved February 15, 1869, required the president of the senate to canvass the vote for member of congress, governor, secretary of state, auditor and treasurer. This act was extended in 1873 to include votes on attorney general, superintendent of public instruction, justices of the supreme court and district attorney. An act approved February 17, 1877, provided that the vote on executive officers should be canvassed by the legislature in joint session, and the vote on other than executive officers should be canvassed by a canvassing board composed of the governor, auditor, treasurer, secretary of state and attorney general. The act of March 1, 1879, required that the vote on governor, lieutenant governor, members of congress, secretary of state, auditor, treasurer, superintendent of public instruction, attorney general, commissioner of public lands and buildings and district attorneys, and votes expressing choice for United States senator should be canvassed by the legislature, while votes cast for presidential electors, judges of the supreme and district courts and regents of the university should be canvassed by the canvassing board. An act of 1917 eliminates all but votes for president and vice-president from the work of the canvassing board. According to this act the presidential electors are appointed, not elected.

GAME, FORESTATION AND PARKS

201

 GAME, FORESTATION AND PARKS COMMISSION

     An act approved February 24, 1879, created a board of fish commissioners "for the propagation and distribution of fish in the public waters of Nebraska." The legislature of 1901 provided for a game and fish commission, of which the governor was the commissioner, with two deputies, one of whom was required to reside in Lincoln and manage the office, while the other managed the fish hatcheries at South Bend and Valentine. The legislature of 1919 did away with the commisson (sic) and placed the administration of game and fish laws under the department of agriculture where it became known as "Bureau of Game and Fish."

      The legisature (sic) of 1921 created a state park board in the department of public works. The board consisted of the governor, secretary of the department, and six members appointed by the governor to serve for terms of six years each.

      The legislature of 1923 amended the law by attaching the board to the department of horticulture of the University of Nebraska.

      The legislature of 1929 replaced the bureau of game and fish, and the state park board by the Game, Forestation and Parks commission. This consisted of five members appointed by the governor for five year terms, with the consent of a majority of each house of the legislature. They received $10 a day and their expenses for time actually devoted to the business of the commission. The governor was ex-officio member and chairman of the commission, and appointed, upon recommendation of the commission, a chief game warden, who was ex-officio member and secretary of the commission. The legislature of 1935 re-wrote the law. The commission now consists of five persons appointed by the governor and confirmed by the legislature for five year terms. The commission appoints a secretary who acts as chief conservation officer. The law provides for civil service rules to be applied by the secretary in making appointments.

      The commission has "sole charge of forestation, state parks, game and fish and all things pertaining thereto." It is maintained from the proceeds of fish and game permits and collections arising from convictions of violations of the game laws involving the assessment of damages. These monies are held by the state treasury in a state

game fund. The amount collected for the purposes of the commission for the last fiscal year was $179,429.47. These funds are used for administering and developing the fish, game, park and out-door recreation resources of the state.

      The Commission operates fish hatcheries at Gretna, Benkelman, Rock Creek and two st Valentine. The state parks are Arbor Lodge at Nebraska City, Chadron state park in Dawes county, Victoria state park in Custer county, Stolley state park in Hall county, Fort Kearney state park in Kearney county, Niobrara Island state park in Knox county and Ponca state park in Dixon county. Game refuges are the Wild Cat Hills Big Game Sanctuary in Scotts Bluff county and Niobrara Island in Knox county. The Commission supervises thirty lakes and recreation grounds. The total value of real estate and equipment of the Commission is estimated at $800,000, The Commission

has published a fine pictorial map of Nebraska showing the location of its various properties, as well as many other interesting recreational and historical places.

Outdoor Nebraska, a periodical, quarterly.

Outdoors Nebraska, official map.

Game laws.

Synopsis of game laws.

Sunrise and sunset time tables.

Report, 1934-1935.

     The legislature of 1919 created this bureau and provided for its administration by the department of public instruction. However, it was afterwards, by mutual agreement, transferred to the department of public welfare when this department was organized under the civil administrative code. The legislature of 1933 gave the bureau independent status under the governor.

DUTIES AND POWERS

     1. To promote the enforcement of all laws for the protection and welfare of defective, illegitimate, dependent, neglected and delinquent children except laws whose administration is expressly vested in some other state department, and to take the initiative in all matters involving such children where adequate provision therefor has not already been made.

      2. To administer and enforce all laws governing maternity homes, the placing of dependent and delinquent children, and to inquire into the whole system of public charities and methods of and practices in the public and correctional institutions of the state, counties and cities, and to inspect prisons, jails, public hospitals, asylums, reformatories and industrial schools.

State Athletic Director-L. B. Hokuf.

      This activity was created by the legislature of 1921. It has full power to supervise all boxing and wrestling bouts held in Nebraska, license all clubs and participants, and to make all rules and regulations governing bouts. The legislature of 1933 provided that the money collected in the enforcement of this law shall be spent under the supervision of the state sheriff as athletic commissioner.

     The prohibition amendment to the state constitution was repealed in November, 1934. The liquor control commission was created by the legislature of 1935 in an emergency act which took effect on May 24, 1935.

     The law provides for a commission of three appointed by the governor for terms of six years. All appointments of officers and employees of the commission are to he approved by the governor.

The power to regulate all phases of the control of manufacture, distribution, sale and traffic in alcoholic liquors except as specifically designated in the liquor control act, is vested exclusively in the liquor control commission. It is the policy of the commission to co-operate in every possible way with local officials in the operation of the regulations concerning the local sale of liquors.

     The legislature of 1935 repealed the act of 1921 which was "designed to promote the horse breeding industry in Nebraska," and established a new commission of three persons appointed by the governor for three year terms.

      The commission has "power to prescribe and enforce rules and regulations governing horse races and race meetings" licensed according to law.

      The expenses of the commission are paid from the license fees and collections from admission fees. The commission must make an annual report to the governor.

     The legislature of 1935 established this commission. It is the purpose of the law that all feeble-minded persons resident within the state shall become wards of the state. The law provides that this commission shall have authority in all matters pertaining to the care, supervision and control of all feeble-minded persons who are not confined within the Nebraska institution for feeble-minded youth.

      A continuative census of all feeble-minded persons in the state is to be kept. Complete lists of such feeble-minded persons are to be filed with certain officials in order to prevent the issuance of licenses to marry to feeble-minded persons.

The expenses of this commission are paid out of funds provided for the support of the Nebraska institution for feeble-minded youth.

Robert H. Van Boskirk, Chairman.
Fred C. Ayres, Auditor.
Wilbur R. Irwin, Secretary.

      The legislature of 1909 created this board, consisting of the auditor and two certified public accountants appointed by the governor for terms of two years. Candidates for public accountants' certificates are examined by the board, and upon satisfactorily passing the examinations are certified to the governor, who issues the proper credentials. The examination questions are those furnished by the national association of certified public accountants. The fees collected have covered the expenses of holding the examinations.

204

NEBRASKA BLUE BOOK, 1936

DEPOSITORY BONDS BOARD

     This board consists of the governor, secretary of state and attorney general. Its function is to approve the depository bonds of banks in which state funds are deposited, except such banks as are by statute exempted from furnishing such a bond. It was created by an act approved April 8, 1891.

B. A. PinkIe, M.D., Physician at Penitentiary.
D. G. Griffiths, M.D., Superintendent, Lincoln Hospital for the Insane.
H. J. Lehnhoff, M.D., State Board of Medical Examiners.

      This board is composed of the physician at the penitentiary, the superintendent of the Lincoln hospital for the insane, and one of the examiners of the state department of health.

      It is required to examine convicts whose sanity is questioned and to certify its findings to the governor.

      Commissioners--
William C. Ramsey, Omaha.
William Morrow, Scottsbluff.

      These commissioners cooperate with similar commissioners from all the states formulating laws on specific subjects, after extensive study of the subjects. The legislatures of the various states are given the opportunity to enact the laws thus formulated.

UNOFFICIAL BOARDS

205

UNOFFICIAL BOARDS

NEBRASKA STATE PLANNING BOARD

BOARD

Director--M. S. Dodd.
Assistant Director-- Bize.
Hydraulic Engineer--C. V. McReynolds.
Senior Technician--F. B. Shafer.
Junior Technician--E. D. Trump.
Chief Draftsman--C. A. Waddle.

     In December of 1935, Governor R. L. Cochran appointed nine members to the Nebraska State Planning Board, and the legislature made an appropriation for the use of the board. An allotment of federal funds was obtained for the expansion of the work. The part time services of a federal consultant were secured from the National Resources Committee.

      The Board has selected the following topics upon which it will endeavor to assemble in one place all the available existing data and information: climate; water resources; agriculture and land use; forestation, parks, recreation and wild life; geology and mineral resources; transportation and communication; power; education; industrial trends; penal, correctional and charitable institutions; public health; governmental costs; base map of Nebraska; landscape planting and beautification.

      This information is to be available for citizens, public officials, legislators, semipublic agencies and others in the solution of their problems.

President--John G. Aldrich, Lincoln.
Vice President--Yale Holland, Omaha.
Vice President--Arthur Thomas, Norfolk.
Secretary--Mrs. Carrie Bayard Hevner, Franklin.
Treasurer--Edward A. Becker, Lincoln.
Executive Secretary--A. L. Stuart, Lincoln.

      The Nebraska State Safety Council was organized at a meeting called by Governor Cochran on February 13, 1936. Over two hundred delegates from all parts of the state attended the meeting.

      It is the purpose of the council to reduce accidents in the state, by adopting a program for greater safety, particularly on the highways, and by securing the active co-operation of citizens. The council co-operates with the National Safety Council, and with all agencies dealing with safety on the roads and highways. It is supported by its members and by some funds obtained throught the sale of safety emblems.

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