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1966 Blue Book

424	NEBRASKA BLUE BOOK

OTHER CONSTITUTIONAL AGENCIES

BOARD OF PARDONS

Total number of employees: 7.

     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 chief 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 Legislature of 1937 passed the uniform act for the supervision of Nebraska prisoners paroled in other states. The board has the following duties and powers:

     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 for 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.

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Total number of employees: 61.

Publications: Annual Report, Motor Carrier Rate Tariffs.

     In 1885 a Board of Railroad Commissioners was created. In 1887 it was replaced by an enlarged Board of Transportation. This act was declared unconstitutional by the state Supreme Court on November 21, 1900 (60 Neb. 741). A constitutional amendment adopted November, 1906, created a Railway Commission of three members elected on a partisan ticket at large for staggered terms of six years.

     The 1963 Legislature increased the membership of the Railway Commission from three to five by dividing the State into five railway commissioner districts with each district entitled to one member. At the general election of 1964, and each six years thereafter, one railway commissioner shall be elected from railway commissioner district number one, and one railway commissioner from railway commissioner district number three; at the general election in 1964, one railway commissioner shall be elected from railway commissioner district number five for a four-year term. At the general election of 1966, and each six years thereafter, one railway commissioner shall be elected from railway commissioner district number two, and in the year 1968, and each six years thereafter, one railway commissioner shall be elected from railway commissioner district number four and one railway commissioner from railway commissioner district number five.

     The powers and duties of the Nebraska Railway Commission 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 filling of reports required by law.

2. Street railways-rates and service, and general control.

3. Telephone companies-rates, service, extensions, physical connections, consolidations, and general control.

4. Express companies-rates and service.

5. Telegraph companies-rates and service.

6. Pullman company-rates and service.

7. Motor transportation and taxicab companies; busses and trucks -rates, service, territory, safety, insurance, and accounting.

8. Electric transmission lines-construction methods, routing and controversies between companies.

9. Rural electric companies-rates upon complaint.

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10. Irrigation companies-rates and service.

11. Public storage warehouses-licensing, inspection and issuing of certificates.

12. Farm storage of grain-complete supervision.

13. Issuance of securities by public utilities.

14. Intrastate Air Transportation.

15. Grain Buyers.

16. Itinerant Merchants.

17. Carriers of passengers and property by air facilities.

18. Moisture Testing.

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BOARD OF EDUCATIONAL LANDS AND FUNDS

Total number of employees: 20.

Publication: Biennial Report.

     Nebraska attained statehood on March 1, 1867, and received from the Federal Government sections sixteen and thirty-six in each township, or the equivalent of 2,797,520.67 acres of land for the support of the common schools. This, and other grants to the state, followed the congressional land policy adopted in the Ordinance of May 20, 1785.

     The first Nebraska statute covering the management of these lands provided that the Auditor should be Land Commissioner. In each county, school lands were appraised by three persons appointed by the County Commissioners, and were then offered at public sale to the highest bidder. No land was sold for less than its appraised value, nor for less than $7.00 per acre. Lands which were not disposed of at this sale were leased by the County Commissioners for a period of twenty-five years with the provision that at the expiration of each five year period, the land should be reappraised. Rental was established at six percent of the appraised valuation and paid annually in advance by the lessee.

     In 1897 the Nebraska Legislature enacted the Sheldon School Land law, the main purpose of which was to stop the sale of school lands, and to provide for a perpetual leasing system in its stead. Leases issued prior to this date could be renewed by the leaseholder for another twenty-five years or converted into a sale contract at the appraised value.

     The Constitution of 1875 designated the Governor, Secretary of State. State Treasurer, Attorney General and Commissioner of Public Lands and Buildings as a Board of Commissioners. It also provided for the office of the Commissioner of Public Lands and Buildings. By statute, he was made the secretary of the board and became its chief executive officer. The adoption of a constitutional amendment in 1936 abolished, in due time, the office of the Commissioner of Public Lands and Buildings, and the duties of the office were transferred to the board. A constitutional amendment adopted in 1940 made the Superintendent of Public Instruction a member of the board.

     Statutes enacted by the 1947 Legislature required the Board of Educational Lands and Funds to grant a renewal lease for a twelve year period to any qualified lessee making application for a renewal regard

	BOARD OF EDUCATIONAL LANDS AND FUNDS	429

less of the fact other persons might be willing to pay higher rental. Subsequently, these. statutes were declared unconstitutional by the Supreme Court and 2,313 renewal leases were invalidated. Thus, it became necessary to offer for sale at public auction, new leases covering these lands.

     In 1951, Supreme Court decisions in the cases of State v. Platte Valley Public Power and Irrigation District, 147 Neb. 289, and State of Nebraska ex rel. Ebke v. Board of Educational Lands and Funds, 154 Neb. 244, interpreted the statutes as requiring the board to establish school land valuations at market value. Land was reappraised with a resultant increase in valuation.

     In 1954, an amendment to Article VII, Section 1 of the constitution, directed that the general management of all lands and funds set apart for educational purposes, and the investment of school funds, shall be vested in a board of five members to be appointed by the Governor

     The Sixty-seventh Legislative Session passed LB 2, effective February 14, 1955 under an emergency clause, followed by a permanent bill later in the session and effective September 18, 1955. Under the new law, five members were appointed by the Governor, one from each of the four congressional districts and one from the state at large. Original terms were staggered and reappointments for five-year terms were prescribed.

     In 1965 the Legislature enacted, notwithstanding the objections of the Governor, LB 234 which requires that all Educational Lands be offered for sale, as present leases expire. During 1966, 1,355.93 acres were sold for a total of $142,218.00.

     The primary purpose of the Board of Educational Lands and Funds is to administer the state's Educational Endowments which consist of approximately 1,625,000 acres of land and $76,000,000.00 Trust Funds invested in bonds, most of which are government securities. In addition, the board administers the Nebraska Retirement Systems, the relief fund for the Spanish War Veterans, and is responsible for the investment of Nebraska Veterans' Aid Funds.

     As of June 30, 1966, the permanent educational retirement and Veterans' endowments were valued as follows:

     Collections for the biennium ending June 30, 1966, from agricultural leases amounted to $4,489,098.05. Mineral rentals totaled $134,348.17. Income from interest on Permanent School Fund bonds amounted to $4,807,398.20.

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     The Nebraska Veterans' Aid fund is composed of $1,950,000.00 appropriated by the Legislature in 1921 and of $6,000,000.00 which was added by the Legislature in 1945, plus a million dollars a year for six years to be added 1945 to 1950, inclusive. The income from this fund is administered by the Department of Veterans' Affairs. There was a total of $8,091,140.47 in the fund as of June 30, 1966.

Total number of employees: 6.

     This board was created by an act approved June 20, 1867. In an act which was later declared unconstitutional, the Legislature on April 1, 1909, created a new board designated as the Normal Board of Education.

     By constitutional amendment effective January 1, 1921, the government of the State Normal Schools was vested in a board of seven members to be styled Board of Education of State Normal Schools, six members to be appointed by the Governor for a term of six years, and the State Superintendent of Public Instruction, ex officio. In 1955 the Office of State Superintendent of Public Instruction was abolished and the Commissioner of Education became the ex officio member of the board.

     The Board of Education of State Normal Schools has control of the four State Colleges at Peru, Kearney, Wayne, and Chadron, which were officially designated as State Colleges by the 1963 Legislature. In the beginning the primary purpose of the State Colleges was to train teachers. Now each college also provides a program of Liberal Arts education and pro-professional training for those who do not expect to teach. The colleges are authorized to issue the following baccalaureate degrees: Bachelor of Arts, Bachelor of Science, Bachelor of Arts in Education, Bachelor of Fine Arts in Education, and Bachelor of Science in Education. Graduate work leading to the Master of Arts Degree in Education and the Master of Science Degree in Education is offered at Chadron, Kearney and Wayne.

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