ENABLING ACT OF CONGRESS
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ENABLING ACT OF CONGRESS
An act to enable the people of Nebraska to form a Constitution and State Government, and for the Admission of such State into the Union on an equal footing with the original States.
Passed April 19, 1864, U. S. Stat. at Large, vol. 13, p. 47.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the inhabitants of that portion of the territory of Nebraska included in the boundaries hereinafter designated be, and they are hereby, authorized to form for themselves a constitution and state government, with the name aforesaid, which state, when so formed, shall be admitted into the Union as hereinafter provided.
Sec. 2. And be it further enacted, That the said state of Nebraska shall consist of all the territory included within the following boundaries, to-wit: Commencing at a point formed by the intersection of the western boundary of the state of Missouri with the fortieth degree of north latitude; extending thence due west along said fortieth degree of north latitude to a point formed by its intersection with the twenty-fifth degree of longitude west from Washington; thence north along said twenty-fifth degree of longitude to a point formed by its intersection with the forty-first degree of north latitude; thence west along said forty-first degree of north latitude to a point formed by its intersection with the twenty-seventh degree of longitude west from Washington; thence north along said twenty-seventh degree of west longitude to a point formed by its intersection with the forty-third degree of north latitude; thence east along said forty-third degree of north latitude to the Keya Paha river; thence down the middle of the channel of said river, with its meanderings, to its junction with the Niobrara river; thence down the middle of the channel of said Niobrara river, and following the meanderings thereof, to its junction with the Missouri river; thence down the middle of the channel of said Missouri river, and following the meanderings thereof, to the place of beginning.
Sec. 3. And be it further enacted, That all persons qualified by law to vote for representatives to the general assembly of said territory shall be qualified to be elected; and they are hereby authorized to vote for and choose representatives to form a convention, under such rules and regulations as the governor of said territory may prescribe, and also to vote upon the acceptance or rejection of such constitution as may be formed by said convention, under such rules and regulations as said convention may prescribe; and if any of said citizens are enlisted in the army of the United States, and are still within said territory, they shall be permitted to vote at their place of rendezvous; and if any are absent from said territory, by reason of their enlistment in the army of the United States, they shall be permitted to vote at their place of service,
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under the rules and regulations in each case to be prescribed as aforesaid; and the aforesaid representatives to form the aforesaid convention shall be apportioned among the several counties in said territory in proportion to the population as near as may be, and said apportionment shall be made for said territory by the governor, United States district attorney, and chief justice thereof, or any two of them. And the governor of said territory shall, by proclamation, on or before the first Monday of May next, order an election of the representatives aforesaid to be held on the first Monday in June thereafter throughout the territory; and such election shall be conducted in the same manner as is prescribed by the laws of said territory regulating elections therein for members of the house of representatives; and the number of members to said convention shall be the same as now constitute both branches of the legislature of the aforesaid territory.
Sec. 4. And be it further enacted, That the members of the convention thus elected shall meet at the capital of said territory on the first Monday in July next, and after organization shall declare, on behalf of the people of said territory, that they adopt the constitution of the United States; whereupon the said convention shall be, and it is hereby, authorized to form a constitution and state government: Provided, That the constitution when formed shall be republican, and not repugnant to the constitution of the United States and the principles of the Declaration of Independence; And provided further, That said constitution shall provide, by an article forever irrevocable, without the consent of the congress of the United States:
First: That slavery or involuntary servitude shall be forever prohibited in said state.
Second: That perfect toleration of religious sentiment shall be secured, and no inhabitant of said state shall ever be molested in person or property on account of his or her mode of religious worship.
Third: That the people inhabiting said territory do agree and declare that they forever disclaim all right and title to the unappropriated public lands lying within said territory, and that the same shall be and remain at the sole and entire disposition of the United States, and that the lands belonging to citizens of the United States residing without the said state shall never be taxed higher than the land belonging to residents thereof; and that no taxes shall be imposed by said state on lands or property therein belonging to or which may hereafter be purchased by the United States.
See. 5. And be it further enacted, That in ease a constitution and state government shall be formed for the people of said territory of Nebraska, in compliance with the provisions of this act, that said convention forming the same shall provide by ordinance for submitting said
constitution to the people of said state for their ratification or rejection at an election to be held on the second Tuesday in October, one thousand eight hundred and sixty-four, at such places and under such regulations as may be prescribed therein, at which election the qualified voters, as
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hereinbefore provided, shall vote directly for or against the proposed constitution, and the returns of said election shall be made to the acting governor of the territory, who, together with the United States district attorney and chief justice of the said territory, or any two of them, shall canvass the same, and if a majority of the legal votes shall be east for said constitution in said proposed state, the said acting governor shall certify the same to the president of the United States, together with a copy of the said constitution and ordinances; whereupon it shall be the duty of the President of the United States to issue his proclamation declaring the state admitted into the Union on an equal footing with the original states, without any further action whatever on the port of congress.
Sec. 6. And be it further enacted, That until the next general census shall be taken said state of Nebraska shall be entitled to one representative in the House of Representatives of the United States, which representative, together with the governor and state and other officers provided for in said constitution, may be elected on the same day a vote is taken for or against the proposed constitution, and state government.
Sec. 7. And be it further enacted, That sections number sixteen and thirty-six in every township, and when such sections have been sold or otherwise disposed of by any act of congress, other lands equivalent thereto, in legal subdivisions of not less than one quarter-section, and as contiguous as may be, shall be, and are hereby, granted to said state for the support of common schools.
Sec. 8. And be it further enacted, That provided the state of Nebraska shall be admitted into the Union in accordance with the foregoing provisions of this act, that twenty entire sections of the unappropriated public lands with said state, to be selected and located by direction of the legislature thereof, on or before the first day of January, Anno Domini eighteen hundred and sixty-eight, shall be and they are hereby granted, in legal subdivisions of not less than one hundred and sixty acres, to said state, for the purpose of erecting public buildings at the capital of said state for legislative and judicial purposes, in such manner as the legislature shall prescribe.
Sec. 9. And be it further enacted, That fifty other entire sections of land, as aforesaid, to be selected and located as aforesaid, in legal subdivisions as aforesaid, shall be, and they are hereby, granted to said state for the purpose of erecting a suitable building for a penitentiary or state prison in the manner aforesaid.
Sec. 10. And be it further enacted, That seventy-two other sections of land shall be set apart and reserved for the use and support of a state university, to be selected in manner as aforesaid, and to be appropriated and applied as the legislature of said state may prescribe for the purpose named, and for no other purpose.
Sec. 11. And be it further enacted, That all salt springs within said state, not exceeding twelve in number, with six sections of land adjoining, or as contiguous as may be to each, shall be granted to said state for
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its use, the said land to be selected by the governor thereof, within one year after the admission of the state, and when so selected to be used or disposed of on such terms, conditions and regulations as the legislature shall direct: Provided, That no salt springs or lands, the right whereof is now vested in any individual or individuals, or which hereafter shall be confirmed or adjudged to any individual or individuals, shall, by this act, be granted to said state.
Sec. 12. And be it further enacted, That five per centum of the proceeds of the sales of all public lands lying within said state, which have been or shall be sold by the United States prior or subsequent to the admission of said state into the Union, after deducting all expenses incident to the same, shall be paid to the said state for the support of the common schools.
Sec. 13. And be it further enacted, That from and after the admission of said state of Nebraska into the Union in pursuance of this act, the laws of the United States, not locally inapplicable, shall have the same force and effect within the said state as elsewhere within the United States; and said state shall constitute one judicial district, and be called the district of Nebraska.
Sec. 14. And be it further enacted, That any unexpended balance of the appropriations for said territorial legislative expenses of Nebraska remaining for the fiscal years eighteen hundred and sixty-three and eighteen hundred and sixty-four, or so much thereof as may be necessary shall be applied to and used for defraying the expenses of said convention and for the payment of the members thereof, under the same rules, regulations, and rates as are now provided by law for the payment of the territorial legislature.
Approved April 19, 1864.
THE STATE CONSTITUTION AND CONSTITUTIONAL AMENDMENTS
Initial Movement For Statehood.--The first movement for the formation of a State Constitution for Nebraska resulted in submission of the question to the voters of the territory at an election held March 5, 1860. The proposition was defeated by a vote1 of 2,094 for and 2,372 against. Cass, Otoe and Washington Counties were the strongest supporters of this movement; Douglas, Dakota, Richardson and Sarpy were its strongest opponents.
Second Movement For Statehood.--Political issues arising out of the Civil War prompted and sustained the next movement for statehood. Nebraska had become strongly Republican and there was a call for more Republican Senators and Representatives at Washington. The Ninth Territorial Legislature, by a joint memorial to Congress approved January 16, 1864, petitioned for legislation preparatory to the admission of Nebraska as a state. The Democratic Party in Nebraska was opposed to statehood, and eleven out of
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thirty-five members in the lower house of the Legislature voted against the memorial. Congress responded almost immediately by passing the Nebraska Enabling Act on April 19, 1864. In accordance with this instrument an election for delegates to a constitutional convention was held June 6, 1864. The number of members chosen was equal to the membership of the Territorial Legislature. The convention met at the capitol in Omaha, July 4, 1864, and elected Sterling P. Majors of Nemaha County, president. Immediately upon completing its organization the convention voted to "adjourn sine die, without forming a constitution." A considerable majority of the members of this convention were pledged to this action before their election. The chief reason assigned was the desire to avoid the expense of state government. An additional reason was opposition by the Democrats.
Drafting and Adoption of Constitution of 1866.--The assasination (sic) of President Abraham Lincoln on April 14, 1865, and the rapid development of controversy between President Andrew Johnson and the Republican leaders in Congress again brought the question of statehood for Nebraska to the front. On February 9, 1866, the Eleventh Territorial Legislature passed a joint resolution directing that a constitution be prepared for submission to the people. This constitution was drafted in great haste by a legislative committee and rushed through both houses. It provided for the barest framework of government, the fewest possible officers, the lowest salaries and the most meager functions for the new state in order to forestall objections to the increased expense. The constitution was submitted to the people at an election held June 2, 1866, and adopted after a heated campaign by a vote of 3,938 in its favor to 3,838 against.
Constitution of 1866 Delayed Statehood.--The Constitution of 1866 limited suffrage to "free white males," in accord with the constitution of many of the free states of the North before the war. Its use in the Nebraska Constitution delayed the admission of the state into the union nearly a year. Congress passed the bill admitting Nebraska under this constitution on July 27, 1866, just before adjournment, but President Johnson withheld his signature and it failed to become a law. Efforts were made during the passage of this bill in Congress to amend it by requiring Nebraska to include Negro suffrage in her constitution. When Congress reassembled, the bill admitting Nebraska was again passed, on January 15, 1867, with the added condition that Nebraska should amend her constitution so as to prevent the "abridgement or denial of the exercise of the elective franchise or of any other right to any person by reason of race or color, excepting Indians not taxed." President Johnson vetoed this bill January 29, 1867. Congress promptly passed it over the President's veto, and provided that the amendment insisted on by Congress should be ratified by the Nebraska Legislature. This was done in a special session on February 20 and 21, 1867, and on March 1, 1867, President Johnson proclaimed Nebraska to be a state.
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Constitutional Convention of 1871.--The inadequacy of the Constitution of 1866 was soon felt and the State Legislature at the fifth session, by joint resolution approved February 15, 1869, submitted to the electors a proposition to hold a constitutional convention. On October 11, 1870, the voters, by a vote of 3,968 in favor to 979 against, decided to hold the convention. An act approved March 27, 1871, fixed the date for election of members to the convention on the first Tuesday in May, 1871, and required them to convene in Lincoln on the second Tuesday in June following. On June 13, 1871, Silas A. Strickland of Douglas County was chosen permanent president of the convention. The convention sat forty-seven days. Its discussions covered nearly all the political, social and religious questions of that day. Five different propositions, which a majority of the convention were unwilling to adopt, were submitted separately, viz.: woman suffrage, prohibition, compulsory education, municipal aid to corporations, and liability of stockholders. By a vote of 7,986 for and 8,627 against, this constitution was rejected by the people on September 19, 1871, likewise all the propositions submitted separately. The most potent causes of its defeat were the provisions taxing church property which exceeded five thousand dollars in value and the one providing that railroad right of way should revert to the original owners when no longer used for railroad transportation.
The original shorthand report of the proceedings of the Constitutional Convention of 1871 was discovered in a state house vault in 1899.
In 1905 the Legislature made an appropriation for the publication of these proceedings, and they were published by the Nebraska State Historical Society in two volumes.
Constitutional Convention of 1875.--Agitation for a new constitution grew stronger as settlement extended west of the central portion of the state. The Legislature by a joint resolution, approved February 26, 1873, again submitted the proposition for a constitutional convention. At the election in October, 1874, the proposition carried by a vote of 18,067 to 3,880. On February 20, 1875, the Legislature passed an act providing for the election of members of the constitutional convention on April 6, of that year and required the convention to assemble in Lincoln, May 11. There were sixty-nine members of this convention. John L. Webster of Douglas County was made permanent president and Guy A. Brown of Lancaster County, secretary. The convention adjourned on June 12, and the constitution, which continued to be the fundamental law of the state until January 1, 1921, was adopted on October 12, 1875, by a vote1 of 30,332 to 5,474.
The Constitution of 1875 was in large part the same as the rejected Constitution of 1871. The executive, legislative and judicial departments were enlarged, and more adequate salaries were provided. State officers were prohibited from appropriating fees to their own use. The Judges of the Supreme Court were relieved from duty as district judges. Spe-
1 See vote by counties, page 98.
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cial legislation was forbidden. Provision was made for regulation of corporations. The power of taxation was limited.
The Nebraska State Historical Society published the journal of the Constitutional Convention of 1875. The best evidence seems to be that there was no provision for a shorthand report of the proceedings of the 1875 convention. If such a report was made it has been lost.
Constitutional Amendments Proposed from 1875 to 1918.--Thirty-nine amendments (thirty-six by the Legislature and three by popular initiative), were submitted to the people during the years from 1875 to and including 1918. The most persistent subjects were: the increase in the number and salaries of judges, which was considered as six amendments at three elections; the creation of a Railway Commission, which was voted on four times; and the salary of Legislators, which was considered three times and twice raised by amendment.
Constitutional Amendments Adopted from 1875 to 1918.--Only eleven of the amendments voted on were finally adopted. These were: (1) Increasing pay of Legislators in 1886; (2) Creating a Railway Commission in 1906; (3) Increasing number and pay of judges in 1908; (4) Investing of school funds in 1908; (5) Providing for initiative and referendum in 1912; (6) Increasing pay of Legislators in 1912; (7) Creating Board of Commissioners for State Institutions in 1912; (8) Providing for biennial elections in 1912; (9) Providing home rule charters for cities of more than 5,000 inhabitants in 1912; (10) Establishing prohibition in 1916; and (11) Forbidding suffrage to aliens in 1918.
Party Circle Law and Primary Law.--With the exception of the first of these amendments, increasing legislative salaries, on which the vote was recounted by the Legislature, all of the successful amendments submitted by the Legislature had the aid of what is known as the "party circle" law enacted in 1901, and the primary law of 1907. These laws permitted the counting of straight party votes in favor of an amendment, if the party endorsed the amendment at the primaries. Without this form of assistance, it was impossible to amend the fundamental law of Nebraska except through the initiative, which was adopted in November, 1912. The constitutional requirement of a favorable majority of all electors voting at an election for the adoption of an amendment blocked all amendments.
Deputyships.--This inelasticity enforced rigidity upon the entire instrument. Growth of activities and functions was arrested by a provision that "no other executive office shall be continued or created." The burden of all new forms of executive activity thus was forced on officers elected or appointed under the constitution. This resulted in the creation of deputyships. These official positions separated power from performance, and thrust many dissimilar responsibilities upon constitutional officers whose other and fundamental duties grew with the development of the state.
Proposals to Hold Constitutional Conventions.--The need for the revision of the constitution was felt as early as 1903 and the Legis-
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lature by joint resolution approved April 6, 1903, submitted to the electors a proposal to hold a constitutional convention. This proposal received at the general election held November 8, 1904, 32,820 votes for and 23,497 against, out of a total vote cast of 232,457, but was defeated due to the constitutional requirement that such a proposal must receive a majority of the total votes cast at said election. No other proposal for a convention was submitted until the Legislature by joint resolution approved April 21, 1917, again gave the electors opportunity to vote on the question. The proposal was adopted at the general election, November 5, 1918, by a vote of 121,830 for and 44,491 against, out of a total vote of 225,717. By an act approved March 24, 1919, the Legislature provided for a special election to elect members to the convention and required that the convention meet in Lincoln, December 2, 1919.
Constitutional Convention of 1919.--The constitutional convention was in session from December 2, 1919 until March 25, 1920. It recessed until October 19, 1920, when it met for an adjourned session. It submitted forty-one amendments to the people and at a special election held on September 21, 1920, all of the amendments were adopted.1 A committee had been appointed by the convention before adjournment on March 25, to incorporate the amendments adopted into the Constitution of 1875. On October 19, 1920, the convention met and signed the amended document.
Amendments Adopted Since 1920.--Sixty-one amendments have been incorporated into the constitution since 1920.
Amendments 1924 and 1928.--In 1924 an amendment submitted by popular initiative provided for the establishment of direct primary and nonpartisan elections. This amendment was defeated.
An amendment of 1928 which provided for control of schools for the blind and deaf was declared void by the Supreme Court.
Amendments 1930-1938.--In 1930 two amendments dealing with the banking situation were submitted to the people. Only one of these was adopted. It dealt with the liability of stockholders in banks which had failed, and with the collection of such liability. The amendment providing relief to depositors' guaranty fund was defeated.
In 1934 three amendments were voted on. One was submitted by the Legislature and provided for the repeal of the prohibition amendment. Two amendments were submitted by the initiative and they provided for pari-mutuel betting and the Unicameral Legislature. All three were adopted.
In 1936 two amendments submitted by the Legislature were voted on. The people adopted one which eliminated the office of Commissioner of Public Lands and Buildings from the list of constitutional offices. They defeated the other which related to double liability of stockholders in banks.
In 1938 six amendments were submitted to the people, one by the initiative and five by the Legislature. The initiative amendment to
1 See pages 100-101 for subject-matter of amendments adopted.
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license slot machines was defeated as were four of the amendments submitted by the Legislature. These four amendments listed on the ballot as short ballot amendments, A, B, C, D, provided for the following changes in the state government: Amendment A-the appointment of the Secretary of State, the Attorney General and Treasurer by the Governor with the consent of three-fifths of the members of the Legislature, and the election of the Governor, Lieutenant Governor, Auditor of Public Accounts and Superintendent of Public Instruction for four year terms; Amendment B-the substitution of the State Superintendent of Public Instruction on the Board of Educational Lands and Funds in place of the Commissioner of Public Lands and Buildings whose office was abolished in 1936; Amendment C-the change in the membership of the Board of Pardons from the Governor, Attorney General and Secretary of State to the Governor, Auditor of Public Accounts and Superintendent of Public Instruction; Amendment D-the method of recall for elected constitutional officers. The fifth amendment submitted by the Legislature which provided for the repeal of the double liability of stockholders in failed banks was adopted.
Amendments 1940-1948.--In 1940 two amendments were submitted to the people by the Legislature. One, making the State Superintendent of Public Instruction a member of the Board of Educational Lands and Funds, was adopted. The other, requiring the Legislature to provide an optional form of county government, "county manager," in which county officers might be elective or appointive, was defeated.
In 1942, the Legislature again submitted the amendment which provided for an optional form of county government to a vote of the people, but the proposal was again defeated.
An amendment seeking to prohibit the diversion of money raised from the tax on gasoline to any use other than the building and maintenance of roads was submitted by the initiative in 1944. This proposal was defeated.
In 1946 two amendments were submitted by the initiative. One which provided for state aid to schools was defeated, and the other which abolished the "closed shop" was adopted.
In 1948 an amendment submitted by the Legislature concerning the taxation of reservations of mineral rights was defeated.
Amendments 1950-1958.--In the general election of 1950 an amendment submitted by the Legislature was defeated. This amendment provided for either annual or biennial sessions of the Legislature; restrictions on business transacted by the Legislature in regular sessions held in even numbered years; election of members of the Legislature for four-year terms; and payment of compensation to members of the Legislature as provided by law.
Six amendments were on the ballot of the general election in 1952. One, which provided for an annual salary of $1,250 for Legislators, was defeated. The remaining five were adopted: One-authorized the Legislature to provide a different method of taxing motor vehicles
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and to fix the proportional allocation of the proceeds of such tax; Two-authorized the Legislature to determine the number of members of a constitutional convention, the manner of election, and the boundaries of election districts; Three-provided for a State Department of Education, a State Board of Education and a Commissioner of Education to replace the Superintendent of Public Instruction; Four--authorized the Legislature to provide that where public officers are elected or appointed to a court, board or commission, the terms of office of members ending at different times, the compensation of all members may be increased or diminished commencing with the beginning of the full term of any member; and Five-provided that notice of a proposed constitutional amendment must be published once each week for three consecutive weeks.
In 1954 eight amendments were submitted to the people by the Legislature. Four of the amendments were adopted and they provided for the following changes: One-the appointment of the members of the Board of Educational Lands and Funds by the Governor; Two-the prescribing of methods of determining property values at uniform value; Three-the exemption of household goods from taxation; and Four-the prohibition of levying property tax on adoption of sales or income taxes. The four amendments which were defeated proposed the following: One-the removal of the provision restricting change of salaries of certain officers not more than once in eight years; Two-the changing of provisions requiring certain executive officers to reside at seat of government; Three-the permitting the Legislature to provide for the appointment of a Tax Commissioner or a Tax Commission; and Four-the permitting the Legislature to provide for the appointment of county assessors and boards of equalization and assessment for counties or for other taxing districts.
In the general election of 1956, five amendments were submitted to the people by the Legislature. Three amendments were adopted, namely: One-Removed the restriction that salaries of certain officers cannot be changed oftener than once in eight years; Two-Changed the allocation of fines and penalties for violation of laws prohibiting the overloading of vehicles used upon public highways and roads of the state; and Three-Substituted a basis other than valuation for taxes upon grain and seed produced or handled in the state. Two amendments failed to pass. These were: One-Permitting the Legislature to provide for the appointment of a Tax Commissioner or Tax Commission, and Two-Authorizing the Legislature to absolve real property of tax and assessment charges unpaid for a period of time as long or longer than that provided for taking title to real property by prescription.
In 1958 nine amendments, seven approved by the 1957 Legislature and two by initiative petitions, were on the ballot of the general election. Five of seven amendments approved by the Legislature were adopted. These were: One-Authorized Legislature to create separate juvenile court; Two-Repealed requirement that certain executive offi-
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cers reside at seat of government; Three-Canceled property taxes and assessment charges unpaid for fifteen years or longer; Four-Revised line of succession in case of vacancy in office of Governor; Five-Removed Board of Control as constitutionally-created agency and authorized Legislature to provide for management, control and government of the state institutions. The two amendments which failed to pass proprosed (sic): One-To increase or double the aggregate salary of members of Legislature from $37,500 to $75,000 a year; and Two-To authorize municipalities to acquire, own and lease property to private enterprises. The two amendments by initiative petitions were also adopted. These were: One--A plan to legalize bingo, and Two--A plan seeking to change the method of in-lieu-of tax payments by public power districts.
Amendments 1960-1966.--Seven amendments approved by the 1959 Legislature, one amendment approved by the 1960 special session of the Legislature, and one initiative petition were on the ballot of the general election in November, 1960. The eight amendments approved by the Legislature were adopted. They provided for the following changes: (1) Authorized the Legislature to provide by law measures and procedures to insure continuity of governmental operations in emergencies resulting from enemy attack or imminent threat thereof; (2) Prescribed the maximum compensation, not to exceed $200.00 a month, that members of the Legislature may receive during their term of office; (3) Provided that preferred stockholders may or may not have a vote and that preferred stock may or may not be of equal par value of all stock of the corporation; (4) Authorized the Legislature to provide a different method of taxing livestock and provided for reciprocal and proportionate taxation of livestock located in this state for only a part of a year; (5) Authorized the Legislature to prescribe by law the manner of contesting of elections for the offices of the executive; (6) Authorized the Legislature to establish bonded and licensed warehouses or storage areas for goods, wares, and merchandise in transit in the state which are intended for and which are shipped to final destination outside this state, and exempted such goods, wares, and merchandise from ad valorem taxation while in such warehouses or storage areas; (7) Provided for election of more than one county judge for a county and for forming county judicial districts; and (8) Authorized cities and villages to issue revenue bonds through which they may acquire and develop sites and buildings for lease to manufacturing and industrial enterprises. The initiative petition was rejected. It proposed to make the state education commissioner an elected rather than an appointed official.
The seven amendments approved by the 1961 Legislature and adopted by the electors in the general election in 1962 provided for the following changes: (1) Permitted the Lieutenant Governor to be a candidate for the office of Governor; (2) Permitted the Legislature to authorize lottery or gift enterprises; (3) Provided a four year term of
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office for members of the Legislature, with one half being elected each two years; (4) Increased the term of office of the Governor and Lieutenant Governor to four years; (5) Provided that in redistricting of the state for legislative purposes established lines other than county lines may be followed and that primary emphasis shall be given to population with prescribed weight being given to area; (6) Provided that the State Railway Commission shall consist of not less than three nor more than seven members, and that such members shall be elected from districts of substantially equal population; and (7) Provided a merit plan for the selection and term of office of the Chief Justice and Judges of the Supreme Court, judges of the district courts, and judges of other courts as prescribed by the Legislature.
Five amendments approved by the 1963 Legislature in regular session, one amendment approved by the 1963 Legislature in special session, and one amendment proposed by initiative petition were submitted to the voters in the November general election of 1964. They proposed the following constitutional changes: (1) A four year term of office for the Secretary of State, Auditor of Public Accounts, State Treasurer, and Attorney General; (2) A different method of taxing motor vehicles for resale of dealers and a different method of taxing state registered motor vehicles owned by state residents and operating in interstate commerce; (3) To exempt from taxation the home contributed by U. S. Veterans' Administration to paraplegic veteran or multiple amputee veteran during his lifetime or his widow's lifetime or until her remarriage; (4) To classify intangible property for taxation and describe specific intangible property that may be exempt from taxation; (5) To realign duties of certain state executive officers as provided by the Legislature; (6) To authorize the Legislature to define and classify loans and installment sales, to establish maximum rates within classifications of loans or installment sales which it establishes, and to regulate with respect thereto; and (7) To elect Commissioner of Education for a four-year term, to place his supervision and administration of school system under direction of the Legislature, and to authorize Legislature to determine his qualifications. To provide for an eight member State Board of Education to be appointed by the Governor for a term of four years. The first six amendments were adopted and the seventh amendment was rejected.
1Seventeen amendments, one referendum petition, and one initiative petition were submitted to the voters in the general election of 1966. They approved thirteen amendments which follow: (1) To eliminate ineligibility of elective executive state officers to any other state office during the term for which they have been elected; (2) To increase the number of members on the State Board of Education from six to eight, and to decrease the terms from six to four years; (3) To provide procedure for the removal or retirement of any Justice or judge of any
1 The vote of the amendments will be found with the election returns in the last section of the book.
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court of this state; (4) To provide that when an income tax is adopted, the Legislature may base the tax upon the laws of the United States; (5) To limit the Governor to two consecutive elective terms of office; (6) To authorize the Legislature to provide for payment or cancellation of taxes against real estate owned or acquired by the state; (7) To provide for the deducting of costs of administering the unsold school lands before the distribution of income is made; (8) To authorize the Legislature to invest educational funds as provided by statute; (9) To authorize the Legislature to invest funds of the state, cities, villages, school districts, public power districts and other governmental subdivisions as provided by statute; (10) To change the method of apportionment of members to be elected to the Legislature; (11) To authorize the Legislature to specify representation in districts changed by reapportionment; (12) To permit the exemption from an intangible property tax of life insurance and life insurance annuity contracts and any rights to pension or retirement payments; and (13) To terminate the state property tax. The five amendments not approved follow: (1) To authorize the payment of travel expenses and a per diem to Legislators during the Legislative session; (2) To permit the state or governmental subdivisions to enter into contracts for services with private, commercial and vocational schools; (3) To authorize the Legislature to fix the value of land actively devoted to agricultural use; (4) To authorize transportation services for children attending any elementary or secondary school; and (5) To provide that when a general sales tax and income tax is adopted by the Legislature, no property tax shall be levied except for funds for capital building improvements, and the Legislature shall allocate not less than twenty per cent of the proceeds from the tax to the common schools of the state or an educational governmental subdivision thereof. The referendum petition repealed the Income Tax Law which was to become effective on January 1, 1967.
The amendments of the state Constitution are incorporated into the body of the document as they are adopted, in contrast to the amendments of the federal constitution which are written as a separate final section. Thus, the Constitution of Nebraska which follows, is inclusive of amendments to the year, 1964.
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