Constitution of Nebraska — Article IV

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IV-1 Executive departments; officers; when elected; terms; eligibility; books to be kept at seat of government; residence of officers; heads of departments; appointments.

Reissue Revised Statutes of Nebraska

IV-1

Executive departments; officers; when elected; terms; eligibility; books to be kept at seat of government; residence of officers; heads of departments; appointments.

The executive officers of the state shall be the Governor, Lieutenant Governor, Secretary of State, Auditor of Public Accounts, State Treasurer, Attorney General, and the heads of such other executive departments as set forth herein or as may be established by law. The Legislature may provide for the placing of the above named officers as heads over such departments of government as it may by law establish.

The Governor, Lieutenant Governor, Attorney General, Secretary of State, Auditor of Public Accounts, and State Treasurer shall be chosen at the general election held in November 1974, and in each alternate even-numbered year thereafter, for a term of four years and until their successors shall be elected and qualified.

Each candidate for Governor shall select a person to be the candidate for Lieutenant Governor on the general election ballot. In the general election one vote shall be cast jointly for the candidates for Governor and Lieutenant Governor. The Governor shall be ineligible to the office of Governor for four years next after the expiration of two consecutive terms for which he or she was elected.

The records, books, and papers of all executive officers shall be kept at the seat of government. Executive officers shall reside within the State of Nebraska during their respective terms of office. Officers in the executive department of the state shall perform such duties as may be provided by law.

The heads of all executive departments established by law, other than those to be elected as provided herein, shall be appointed by the Governor, with the consent of a majority of all members elected to the Legislature, but officers so appointed may be removed by the Governor. Subject to the provisions of this Constitution, the heads of the various executive or civil departments shall have power to appoint and remove all subordinate employees in their respective departments.

Neb. Const. art. V, sec. 1 (1875);

Amended 1920, Constitutional Convention, 1919-1920, No. 13;

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 1;

Amended 1936, Laws 1935, c. 188, sec. 1, p. 694;

Amended 1952, Laws 1951, c. 164, sec. 2(2), p. 645;

Amended 1958, Laws 1957, c. 213, sec. 1, p. 748;

Amended 1962, Laws 1961, c. 249, sec. 1, p. 736;

Amended 1964, Laws 1963, c. 296, sec. 1, p. 883;

Amended 1966, Laws 1965, c. 300, sec. 1, p. 846;

Amended 1970, Laws 1969, c. 417, sec. 1, p. 1428;

Amended 1998, Laws 1997, LR 8CA, sec. 1;

Amended 2000, Laws 1999, LR 14CA, sec. 1.

1. Term of office

2. Nature of office or department

3. Miscellaneous

1. Term of office

Period for which an executive officer holds over is part of the term for which he was elected. State ex rel. Gordon v. Moores, 61 Neb. 9, 84 N.W. 399 (1900).

"Until his successor is elected and qualified" imposes the duty upon incumbent Governor to hold over until his successor is elected and qualified. State ex rel. Thayer v. Boyd, 31 Neb. 682, 48 N.W. 739 (1891), 51 N.W. 602 (1892).

2. Nature of office or department

The officers referred to in this section are the executive officers of the state. Sorensen v. Swanson, 181 Neb. 205, 147 N.W.2d 620 (1967).

Heads of all executive departments are required to be appointed by the Governor. State ex rel. Beck v. Obbink, 172 Neb. 242, 109 N.W.2d 288 (1961).

Attorney General is an executive officer. State ex rel. Caldwell v. Peterson, 153 Neb. 402, 45 N.W.2d 122 (1950).

Merit System Act did not create an executive department. Sommerville v. Johnson, 149 Neb. 167, 30 N.W.2d 577 (1948).

Member of Nebraska Liquor Control Commission is not the head of an executive department. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).

Department of Agriculture and Inspection is an executive department established by law. State ex rel. Howard v. Marsh, 146 Neb. 750, 21 N.W.2d 503 (1946).

Secretary of State is a constitutional officer. State ex rel. Brazda v. Marsh, 141 Neb. 817, 5 N.W.2d 206 (1942).

The Insurance Department is not an agency created by the Constitution but is an executive department of government created by the Legislature under constitutional authority. Clark v. Lincoln Liberty Life Ins. Co., 139 Neb. 65, 296 N.W. 449 (1941).

The constitutional provision creating the State Railway Commission is an independent part of the Constitution and not an amendment to the executive, legislative, or judicial articles thereof. Furstenberg v. Omaha & C. B. St. Ry. Co., 132 Neb. 562, 272 N.W. 756 (1937).

Nebraska State Board of Agriculture is not a part of executive branch of government, but is a private corporation. Crete Mills v. Nebraska State Board of Agriculture, 132 Neb. 244, 271 N.W. 684 (1937).

3. Miscellaneous

The statutes which give the Court of Industrial Relations jurisdiction over public employees are not unconstitutional. American Fed. of S., C. & M. Emp. v. Department of Public Institutions, 195 Neb. 253, 237 N.W.2d 841 (1976).

The 1920 amendment to this section was deemed essential to include heads of other executive departments. Swanson v. Sorensen, 181 Neb. 312, 148 N.W.2d 197 (1967).

Legislature has no power to provide for suspension or removal of a constitutional officer where the Constitution creates the office, fixes its terms, and the grounds and manner of removal. Laverty v. Cochran, 132 Neb. 118, 271 N.W. 354 (1937).

Amendment abolishing office of Commissioner of Public Lands and Buildings was properly submitted and adopted. Swanson v. State, 132 Neb. 82, 271 N.W. 264 (1937).

Where Department of Insurance is appointed receiver of insurance company for purpose of liquidation, it becomes, for that purpose, subject to orders of the court rather than of the Governor. State ex rel. Good v. National Old Line Life Ins. Co., 129 Neb. 473, 261 N.W. 902 (1935).

This section secures to electors the right to vote at all elections for state officers. State ex rel. Adair v. Drexel, 74 Neb. 776, 105 N.W. 174 (1905).

State Treasurer must reside at seat of government, which is state capital. State v. Hill, 38 Neb. 698, 57 N.W. 548 (1894).

If constitutional provision, either directly or by implication, imposes duty upon officer or officers, no legislation is necessary to require the performance of such duty. State ex rel. City of Lincoln v. Babcock, 19 Neb. 230, 27 N.W. 98 (1886).

IV-2 Governor; Lieutenant Governor; eligibility; qualifications; appointive officers, ineligible for other office.

Reissue Revised Statutes of Nebraska

IV-2

Governor; Lieutenant Governor; eligibility; qualifications; appointive officers, ineligible for other office.

No person shall be eligible to the office of Governor, or Lieutenant Governor, who shall not have attained the age of thirty years, and who shall not have been for five years next preceding his election a resident and citizen of this state and a citizen of the United States. None of the appointive officers mentioned in this article shall be eligible to any other state office during the period for which they have been appointed.

Neb. Const. art. V, sec. 2 (1875);

Amended 1920, Constitutional Convention, 1919-1920, No. 13;

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 2;

Amended 1962, Laws 1961, c. 250, sec. 1, p. 738;

Amended 1966, Laws 1965, c. 291, sec. 1, p. 832.

Railway commissioner did not fall within the prohibition of this section. Swanson v. Sorensen, 181 Neb. 312, 148 N.W.2d 197 (1967).

Member of Nebraska Liquor Control Commission is not precluded by this section from being appointed to the office of district judge. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).

Head of an executive department is ineligible to be a candidate for the office of Governor during term for which he was appointed. State ex rel. Howard v. Marsh, 146 Neb. 750, 21 N.W.2d 503 (1946).

Unlike officers designated in this section, there is no requirement that candidate for office of Secretary of State be a resident of the state, or possess the qualifications of an elector prior to elections. State ex rel. Brazda v. Marsh, 141 Neb. 817, 5 N.W.2d 206 (1942).

No presumption arises from this section that the Legislature should be without power to require that members of the State Railway Commission should possess reasonable qualifications as a condition of eligibility to office. State ex rel. Quinn v. Marsh, 141 Neb. 436, 3 N.W.2d 892 (1942).

Under former law, Lieutenant Governor, during term for which he was elected, was ineligible to office of Governor for succeeding term. State ex rel. McKelvie v. Wait, 95 Neb. 806, 146 N.W. 1048 (1914).

Candidate for Governor was citizen of United States, although of foreign birth. Boyd v. State ex rel. Thayer, 143 U.S. 135 (1892), reversing State ex rel. Thayer v. Boyd, 31 Neb. 682, 48 N.W. 739 (1891), 51 N.W. 602 (1892).

IV-3 Treasurer; ineligibility.

Reissue Revised Statutes of Nebraska

IV-3

Treasurer; ineligibility.

The treasurer shall be ineligible to the office of treasurer, for two years next after the expiration of two consecutive terms for which he was elected.

Neb. Const. art. V, sec. 3 (1875);

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 3;

Amended 1992, Initiative Measure No. 407; Amended 1994, Initiative Measure No. 408.

The changes made to this section by Initiative 407 in 1992 and Initiative 408 in 1994 have been omitted because of the decisions of the Nebraska Supreme Court in Duggan v. Beermann, 245 Neb. 907, 515 N.W.2d 788 (1994) and Duggan v. Beermann, 249 Neb. 411, 544 N.W.2d 68 (1996).

IV-4 Election returns; canvass by Legislature; conduct of election contests.

Reissue Revised Statutes of Nebraska

IV-4

Election returns; canvass by Legislature; conduct of election contests.

The returns of every election for the officers of the executive department shall be sealed up and transmitted by the returning officers to the Secretary of State, directed to the Speaker of the Legislature, who shall immediately after the organization of the Legislature, and before proceeding to other business, open and publish the same in the presence of a majority of the members of the Legislature. The person having the highest number of votes for each of said offices shall be declared duly elected; but if two or more have an equal and the highest number of votes, the Legislature shall choose one of such persons for said office. The conduct of election contests for any of said offices shall be in such manner as may be prescribed by law.

Neb. Const. art. V, sec. 4 (1875);

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 4;

Amended 1960, Laws 1959, c. 236, sec. 1, p. 820;

Amended 1972, Laws 1971, LB 340, sec. 1.

The 1960 amendment of this section did not purport to be and is not amendatory of the limited original jurisdiction of the Supreme Court. Sorensen v. Swanson, 181 Neb. 205, 147 N.W.2d 620 (1967).

Canvass of returns of election for officers of executive department must be made by the Legislature. State ex rel. Caldwell v. Peterson, 153 Neb. 402, 45 N.W.2d 122 (1950).

Returns of election upon constitutional amendment must be directed to Speaker and votes canvassed by Legislature. State ex rel. Oldham v. Dean, 84 Neb. 344, 121 N.W. 719 (1909).

Joint resolution in contest proceedings requires signature of presiding officer of House and Senate, also the Governor's. In re Contest Proceeding, 31 Neb. 262, 47 N.W. 923 (1891).

Speaker must open and publish returns of general election even though directed by Legislature not to do so. State ex rel. Benton v. Elder, 31 Neb. 169, 47 N.W. 710 (1891).

IV-5 Impeachment.

Reissue Revised Statutes of Nebraska

IV-5

Impeachment.

A civil officer of this state shall be liable to impeachment for any misdemeanor in office or for any misdemeanor in pursuit of such office.

Neb. Const. art. V, sec. 5 (1875);

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 5;

Amended 2012, Laws 2012, LR19CA, sec. 1.

The phrase "misdemeanor in office" is a term of art, and the word "misdemeanor" in this phrase is not used as it is in a criminal context. An officer's conduct need not rise to the level of an indictable offense to be considered an impeachable offense. Nebraska Legislature on behalf of State v. Hergert, 271 Neb. 976, 720 N.W.2d 372 (2006).

An act or omission for which an officer may be impeached and removed from office must relate to the duties of the office. A misdemeanor in office may consist of a violation of some provision in the Constitution or a statute, willful neglect of duty done with a corrupt intention, or negligence so gross and disregard of duty so flagrant as to warrant an inference that it was willful and corrupt. A violation of the Code of Professional Responsibility is not, as such, an impeachable offense. State v. Douglas, 217 Neb. 199, 349 N.W.2d 870 (1984).

Holder of constitutional office may be removed only by impeachment. Fitzgerald v. Kuppinger, 163 Neb. 286, 79 N.W.2d 547 (1956).

County judge can be removed only by impeachment. Conroy v. Hallowell, 94 Neb. 794, 144 N.W. 895 (1913).

The word "term" does not include time for which office is held under appointment. Dodson v. Bowlby, 78 Neb. 190, 110 N.W. 698 (1907).

Misdemeanor under this section is violation of positive statute or Constitution amounting to crime, or willful neglect of duty with corrupt intent or gross negligence inferring willful or corrupt intent. State v. Hastings, 37 Neb. 96, 55 N.W. 774 (1893).

Impeachment power cannot be delegated by Legislature. State v. Leese, 37 Neb. 92, 55 N.W. 798 (1893).

Officer cannot be impeached after his term has expired. State v. Hill, 37 Neb. 80, 55 N.W. 794 (1893).

IV-6 Supreme executive power.

Reissue Revised Statutes of Nebraska

IV-6

Supreme executive power.

The supreme executive power shall be vested in the Governor, who shall take care that the laws be faithfully executed and the affairs of the state efficiently and economically administered.

Neb. Const. art. V, sec. 6 (1875);

Amended 1920, Constitutional Convention, 1919-1920, No. 13;

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 6.

Legislature cannot through appropriations exercise or invade constitutional rights or powers of executive; Legislature cannot administer appropriations once made. State ex rel. Meyer v. State Board of Equalization & Assessment, 185 Neb. 490, 176 N.W.2d 920 (1970).

The supreme executive power is vested in the Governor. Wittler v. Baumgartner, 180 Neb. 446, 144 N.W.2d 62 (1966); State ex rel. Beck v. Obbink, 172 Neb. 242, 109 N.W.2d 288 (1961).

All officers and employees of executive department who are not appointed for a definite term are removable at will of Governor. State ex rel. Beck v. Young, 154 Neb. 588, 48 N.W.2d 677 (1951).

As to the executive department, the supreme power is vested in the Governor. State ex rel. Howard v. Marsh, 146 Neb. 750, 21 N.W.2d 503 (1946).

IV-7 Message by Governor; budget; contents; budget bill; preparation; appropriations not to be in excess of budget; exception; excess subject to veto.

Reissue Revised Statutes of Nebraska

IV-7

Message by Governor; budget; contents; budget bill; preparation; appropriations not to be in excess of budget; exception; excess subject to veto.

The Governor may, at the commencement of each session, and at the close of his term of office and whenever the Legislature may require, give by message to the Legislature information of the condition of the state, and shall recommend such measures as he shall deem expedient. At a time fixed by law, he shall present, by message, a complete itemized budget of the financial requirements of all departments, institutions and agencies of the state and a budget bill to be introduced by the Speaker of the Legislature at the request of the Governor. Said budget bill shall be prepared with such expert assistance and under such regulations as may be required by the Governor. No appropriations shall be made in excess of the recommendation contained in such budget including any amendment the Governor may make thereto unless by three-fifths vote of the Legislature, and such excess so approved shall be subject to veto by the Governor.

Neb. Const. art. V, sec. 7 (1875);

Amended 1920, Constitutional Convention, 1919-1920, No. 13;

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 7;

Amended 1964, Laws 1963, c. 302, sec. 2(2), p. 895;

Amended 1972, Laws 1971, LB 301, sec. 1.

Appropriations in excess of recommendation which did not receive two-thirds vote on final passage invalid; section applies to all departments, institutions, and agencies of state in being at commencement of legislative session. State ex rel. Meyer v. State Board of Equalization & Assessment, 185 Neb. 490, 176 N.W.2d 920 (1970).

Requirement of three-fifths vote applies only to increases in amount for departments, institutions and agencies in existence at the time that Governor is required to make budget recommendations. Mekota v. State Board of Equalization & Assessment, 146 Neb. 370, 19 N.W.2d 633 (1945).

Appropriation bill containing items in excess of budget recommendation, adopted by three-fifths vote of both houses, but without separate three-fifths vote on each such increased item was legally enacted and not subject to Governor's veto. Elmen v. State Board of Equalization and Assessment, 120 Neb. 141, 231 N.W. 772 (1930).

IV-8 Special sessions.

Reissue Revised Statutes of Nebraska

IV-8

Special sessions.

The Governor may, on extraordinary occasions, convene the Legislature by proclamation, stating therein the purpose for which they are convened, and the Legislature shall enter upon no business except that for which they were called together.

Neb. Const. art. V, sec. 8 (1875);

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 8.

Under this section the Governor may, during the Legislature's special session convened pursuant to a gubernatorial proclamation, submit by an appropriate amended proclamation any additional subjects for valid legislation to be enacted at such special session of the Legislature. Jaksha v. State, 222 Neb. 690, 385 N.W.2d 922 (1986).

Amendments to Liquor Control Act, made by chapter 5, Seventy-fourth Extraordinary Session of the Legislature, were unconstitutional because not within Governor's call. Arrow Club, Inc. v. Nebraska Liquor Control Commission, 177 Neb. 686, 131 N.W.2d 134 (1964).

Governor's call of special session of the Legislature was sufficient. State Securities Co. v. Ley, 177 Neb. 251, 128 N.W.2d 766 (1964).

Amendments made to election laws at the 1944 extraordinary session of the Legislature were within the scope of the proclamation of the Governor calling the session. State ex rel. Baldwin v. Strain, 152 Neb. 763, 42 N.W.2d 796 (1950).

Special session can transact no business except that included in objects of proclamation, calling the session. Statement in proclamation asking for revision or amendment of general incorporation law will include in its scope the regulation, control and government of railroad companies. Chicago, B. & Q. R. R. Co. v. Wolfe, 61 Neb. 502, 86 N.W. 441 (1901).

Proclamation calling special session may be revoked by Governor. People ex rel. Tennant v. Parker, 3 Neb. 409 (1873).

IV-9 Repealed 1934. Initiative Measure No. 330.

Reissue Revised Statutes of Nebraska

IV-9

Repealed 1934. Initiative Measure No. 330.

IV-10 Governor to appoint officers; removal.

Reissue Revised Statutes of Nebraska

IV-10

Governor to appoint officers; removal.

The Governor shall appoint with the approval of a majority of the Legislature, all persons whose offices are established by the Constitution, or which may be created by law, and whose appointment or election is not otherwise by law or herein provided for; and no such person shall be appointed or elected by the Legislature. The Governor shall have power to remove, for cause and after a public hearing, any person whom he may appoint for a term except officers provided for in Article V of the Constitution, and he may declare his office vacant, and fill the same as herein provided as in other cases of vacancy. The Governor shall have power to remove any other person whom he appoints at any time and for any reason.

Neb. Const. art. V, sec. 10 (1875);

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 10;

Amended 1972, Laws 1972, LB 302, sec. 1.

1. Power of appointment

2. Power of removal

3. Procedure

4. Miscellaneous

1. Power of appointment

Designation by Legislature of University of Nebraska officers as members of Natural Resources Commission was a legislative appointment in violation of Constitution; but designation of Director of Water Resources was valid as simply adding to the duties of a state officer. Neeman v. Nebraska Nat. Resources Commission, 191 Neb. 672, 217 N.W.2d 166 (1974).

Power of appointment and removal of officers is in the Governor except as limited by this section. Wittler v. Baumgartner, 180 Neb. 446, 144 N.W.2d 62 (1966).

Governor has power to appoint heads of executive departments. State ex rel. Howard v. Marsh, 146 Neb. 750, 21 N.W.2d 503 (1946).

Legislature after it has created an office cannot itself fill it. State ex rel. Hensley v. Plasters, 74 Neb. 652, 105 N.W. 1092 (1905).

Constitution prohibits appointment or election of officers by Legislature. State ex rel. Horne v. Holcomb, 46 Neb. 88, 64 N.W. 437 (1895).

2. Power of removal

The Governor is empowered to remove any officer appointed by him for incompetency, neglect of duty, or malfeasance in office. State ex rel. Beck v. Obbink, 172 Neb. 242, 109 N.W.2d 288 (1961).

Power to remove member of Liquor Control Commission is derived from this section. State ex rel. Beck v. Young, 154 Neb. 588, 48 N.W.2d 677 (1951).

In addition to the power of appointment, the Governor has the power of removal in case of incompetency, neglect of duty, or malfeasance in office. State ex rel. Howard v. Marsh, 146 Neb. 750, 21 N.W.2d 503 (1946).

Lieutenant Governor cannot, during mere temporary absence of Governor from the state, remove from office appointees of the Governor. Johnson v. Johnson, 141 Neb. 239, 3 N.W.2d 414 (1942).

3. Procedure

In a hearing for removal of an officer, the charge must be reasonably definite, notice of hearing must be given, and an opportunity to defend afforded. State ex rel. Meyer v. Sorrell, 174 Neb. 340, 117 N.W.2d 872 (1962).

Three steps are contemplated, namely: Nomination, confirmation, and appointment. State ex rel. Johnson v. Hagemeister, 161 Neb. 475, 73 N.W.2d 625 (1955).

4. Miscellaneous

This section does not apply to county treasurer whom the Legislature designates as ex officio city treasurer. Cathers v. Hennings, 76 Neb. 295, 107 N.W. 586 (1906).

This section applies only to officers mentioned in Constitution. It has no application to municipal officers. State ex rel. Hastings v. Smith, 35 Neb. 13, 52 N.W. 700 (1892).

This section does not apply to police commissioner of municipality as created by Legislature. State ex rel. Hastings v. Smith, 35 Neb. 13, 52 N.W. 700 (1892).

IV-11 Elected state officer; vacation of office; Governor fill by appointment; term.

Reissue Revised Statutes of Nebraska

IV-11

Elected state officer; vacation of office; Governor fill by appointment; term.

If any elected state office created by this Constitution, except offices provided for in Article V of this Constitution, shall be vacated by death, resignation or otherwise, it shall be the duty of the Governor to fill that office by appointment, and the appointee shall hold the office until his successor shall be elected and qualified in such manner as may be provided by law.

Neb. Const. art. V, sec. 11 (1875);

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 11;

Amended 1962, Laws 1961, c. 252, sec. 2(1), p. 741;

Amended 1972, Laws 1972, LB 302, sec. 1;

Amended 1980, Laws 1979, LR 5, sec. 1.

IV-12 Nonelective state officers; vacation; Governor; fill the office by appointment; approval by Legislature.

Reissue Revised Statutes of Nebraska

IV-12

Nonelective state officers; vacation; Governor; fill the office by appointment; approval by Legislature.

If any nonelective state office, except offices provided for in Article V of this Constitution, shall be vacated by death, resignation or otherwise, it shall be the duty of the Governor to fill that office by appointment. If the Legislature is in session, such appointment shall be subject to the approval of a majority of the members of the Legislature. If the Legislature is not in session, the Governor shall make a temporary appointment until the next session of the Legislature, at which time a majority of the members of the Legislature shall have the right to approve or disapprove the appointment. All appointees shall hold their office until their successors shall be appointed and qualified. No person after being rejected by the Legislature shall be again nominated for the same office at the same session, unless at request of the Legislature, or be appointed to the same office during the recess or adjournment of the Legislature.

Neb. Const. art. V, sec. 12 (1875);

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 12;

Amended 1972, Laws 1972, LB 302, sec. 1.

Judges appointed under the merit plan do not hold temporary appointments. Garrotto v. McManus, 185 Neb. 644, 177 N.W.2d 570 (1970).

During recess of Legislature, appointment to fill vacancy in nonelective office is temporary. State ex rel. Johnson v. Hagemeister, 161 Neb. 475, 73 N.W.2d 625 (1955).

IV-13 Board of parole; members; powers; reprieves; proceedings; power to pardon; limitations.

Reissue Revised Statutes of Nebraska

IV-13

Board of parole; members; powers; reprieves; proceedings; power to pardon; limitations.

The Legislature shall provide by law for the establishment of a Board of Parole and the qualifications of its members. Said board, or a majority thereof, shall have power to grant paroles after conviction and judgment, under such conditions as may be prescribed by law, for any offenses committed against the criminal laws of this state except treason and cases of impeachment. The Governor, Attorney General and Secretary of State, sitting as a board, shall have power to remit fines and forfeitures and to grant respites, reprieves, pardons, or commutations in all cases of conviction for offenses against the laws of the state, except treason and cases of impeachment. The Board of Parole may advise the Governor, Attorney General and Secretary of State on the merits of any application for remission, respite, reprieve, pardon or commutation but such advice shall not be binding on them. The Governor shall have power to suspend the execution of the sentence imposed for treason until the case can be reported to the Legislature at its next session, when the Legislature shall either grant a pardon, or commute the sentence or direct the execution, or grant a further reprieve.

Neb. Const. art. V, sec. 13 (1875);

Amended 1920, Constitutional Convention, 1919-1920, No. 13;

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 13;

Amended 1968, Laws 1967, c. 319, sec. 1, p. 852.

The "conditions clause" permits the Legislature to enact laws placing conditions on when a committed offender is eligible for parole. Adams v. State, 293 Neb. 612, 879 N.W.2d 18 (2016).

This provision clearly entrusts the power of commutation to the Board of Pardons. State v. Bainbridge, 249 Neb. 260, 543 N.W.2d 154 (1996).

Sentencing judge's announcement he considered possible effect of statutes permitting prison authorities to ameliorate sentences did not violate constitutional due process, and sentences were not excessive. State v. Houston, 196 Neb. 724, 246 N.W.2d 63 (1976).

This section governs paroles after conviction and sentence and Post Conviction Act not available for that purpose. State v. Carpenter, 186 Neb. 605, 185 N.W.2d 663 (1971).

Limitation on power of Governor to reprieve did not prevent granting of successive reprieves which in aggregate might exceed thirty days. Simmons v. Fenton, 113 Neb. 768, 205 N.W. 296 (1925).

The word "offenses" is equivalent to "crimes." Governor cannot pardon until after conviction by a court. Champion v. Gillan, 79 Neb. 364, 112 N.W. 585 (1907).

Pardon is free gift from supreme authority confided to chief magistrate. Act authorizing justice of the peace to remit penalty for misdemeanor is not granting pardoning power. Pleuler v. State, 11 Neb. 547, 10 N.W. 481 (1881).

IV-14 Governor to be commander-in-chief of militia.

Reissue Revised Statutes of Nebraska

IV-14

Governor to be commander-in-chief of militia.

The Governor shall be commander-in-chief of the military and naval forces of the state (except when they shall be called into the service of the United States) and may call out the same to execute the laws, suppress insurrection, and repel invasion.

Neb. Const. art. V, sec. 14 (1875);

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 14.

Member of national guard upon enlistment became subject to the provisions of this section. Lind v. Nebraska National Guard, 144 Neb. 122, 12 N.W.2d 652 (1944).

IV-15 Bills to be presented to Governor; approval; procedure; disapproval or reduction of items of appropriation; passage despite disapproval or reduction.

Reissue Revised Statutes of Nebraska

IV-15

Bills to be presented to Governor; approval; procedure; disapproval or reduction of items of appropriation; passage despite disapproval or reduction.

Every bill passed by the Legislature, before it becomes a law, shall be presented to the Governor. If he approves he shall sign it, and thereupon it shall become a law, but if he does not approve or reduces any item or items of appropriations, he shall return it with his objections to the Legislature, which shall enter the objections at large upon its journal, and proceed to reconsider the bill with the objections as a whole, or proceed to reconsider individually the item or items disapproved or reduced. If then three-fifths of the members elected agree to pass the bill with objections it shall become a law, or if three-fifths of the members elected agree to repass any item or items disapproved or reduced, the bill with such repassage shall become a law. In all cases the vote shall be determined by yeas and nays, to be entered upon the journal. Any bill which shall not be returned by the Governor within five days (Sundays excepted) after it shall have been presented to him, shall become a law in like manner as if he had signed it; unless the Legislature by their adjournment prevent its return; in which case it shall be filed, with his objections, in the office of the Secretary of State within five days after such adjournment, or become a law. The Governor may disapprove or reduce any item or items of appropriation contained in bills passed by the Legislature, and the item or items so disapproved shall be stricken therefrom, and the items reduced shall remain as reduced unless the Legislature has reconsidered the item or items disapproved or reduced and has repassed any such item or items over the objection of the Governor by a three-fifths approval of the members elected.

Neb. Const. art. V, sec. 15 (1875);

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 15;

Amended 1972, Laws 1971, LB 301, sec. 1;

Amended 1974, Laws 1974, LB 1034, sec. 1;

Amended 1976, Laws 1975, LB 17, sec. 1.

It is not the publication by the Revisor of Statutes which creates a law. It is adoption by the Legislature and the Governor's signature which cause a law to be enacted. State ex rel. Wright v. Pepperl, 221 Neb. 664, 380 N.W.2d 259 (1986).

This section does not give the Governor power to return a bill to the Legislature as a "clerical function". Where Governor returns a legislative bill to the Legislature with his objections, action constitutes a veto, regardless of reasons stated in the accompanying message. Center Bank v. Dept. of Banking & Finance, 210 Neb. 227, 313 N.W.2d 661 (1981).

A legislative bill, passed with an emergency clause, vetoed by the Governor, is within the ambit of this section and requires only a three-fifths vote to override the veto. Sandberg v. State, 188 Neb. 335, 196 N.W.2d 501 (1972).

Governor's veto of items of appropriation bill in excess of budget recommendation was invalid, where bill, as a whole, was adopted by three-fifths vote of both houses. Elmen v. State Board of Equalization and Assessment, 120 Neb. 141, 231 N.W. 772 (1930).

Governor, as respects approval or veto of bills, acts as part of lawmaking power. State ex rel. Crocker v. Junkin, 79 Neb. 532, 113 N.W. 256 (1907).

Governor is part of lawmaking power and his duty with relation to bills is a legislative duty enjoined upon him by Constitution. Weis v. Ashley, 59 Neb. 494, 81 N.W. 318 (1899).

This section requires Governor to either approve or veto, and if held by Governor for more than five days, act becomes effective. State v. Abbott, 59 Neb. 106, 80 N.W. 499 (1899); State ex rel. Main v. Crounse, 36 Neb. 835, 55 N.W. 246 (1893); Miller v. Hurford, 11 Neb. 377, 9 N.W. 477 (1881).

Joint resolution providing for contest in an election proceeding must be approved by Governor. In re Contest Proceeding, 31 Neb. 262, 47 N.W. 923 (1891).

Upon receiving resolution, valid on its face, ceding jurisdiction over Indian reservations, Secretary of Interior could rely on it without having determined under state law whether Governor's signature was necessary. United States v. Brown, 334 F.Supp. 536 (D. Neb. 1971).

IV-16 Order of succession to become Governor; Lieutenant Governor; duties.

Reissue Revised Statutes of Nebraska

IV-16

Order of succession to become Governor; Lieutenant Governor; duties.

In case of the conviction of the Governor on impeachment, his removal from office, his resignation or his death, the Lieutenant Governor, the Speaker of the Legislature and such other persons designated by law shall in that order be Governor for the remainder of the Governor's term.

In case of the death of the Governor-elect, the Lieutenant Governor-elect, the Speaker of the Legislature and such other persons designated by law shall become Governor in that order at the commencement of the Governor-elect's term.

If the Governor or the person in line of succession to serve as Governor is absent from the state, or suffering under an inability, the powers and duties of the office of Governor shall devolve in order of precedence until the absence or inability giving rise to the devolution of powers ceases as provided by law. After January 1, 1975, the Lieutenant Governor shall serve on all boards and commissions in lieu of the Governor whenever so designated by the Governor, shall perform such duties as may be delegated him by the Governor, and shall devote his full time to the duties of his office.

Neb. Const. art. V, sec. 16 (1875);

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 16;

Amended 1970, Laws 1969, c. 417, sec. 1, p. 1428;

Amended 1972, Laws 1972, LB 302, sec. 1.

Lieutenant Governor is not entitled to the emoluments of the Governor's office on account of mere temporary absence of the Governor from the state. Johnson v. Johnson, 141 Neb. 239, 3 N.W.2d 414 (1942).

This section does not apply to incumbent holding over on account of failure to elect successor, but refers only to persons elected and failing to qualify. State ex rel. Thayer v. Boyd, 31 Neb. 682, 48 N.W. 739 (1891), 51 N.W. 602 (1892).

IV-17 Repealed 1934. Initiative Measure No. 330.

Reissue Revised Statutes of Nebraska

IV-17

Repealed 1934. Initiative Measure No. 330.

IV-18 Repealed 1972. Laws 1972, LB 302, sec. 1.

Reissue Revised Statutes of Nebraska

IV-18

Repealed 1972. Laws 1972, LB 302, sec. 1.

IV-19 State institutions; management, control, and government; determination by Legislature.

Reissue Revised Statutes of Nebraska

IV-19

State institutions; management, control, and government; determination by Legislature.

The general management, control and government of all state charitable, mental, reformatory, and penal institutions shall be vested as determined by the Legislature.

Neb. Const. art. V, sec. 19 (1875);

Amended 1912, Laws 1911, c. 225, sec. 1, p. 677;

Amended 1920, Constitutional Convention, 1919-1920, No. 13;

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 19;

Amended 1958, Laws 1957, c. 216, sec. 1, p. 753.

The statutes which give the Court of Industrial Relations jurisdiction over public employees are not unconstitutional. American Fed. of S., C. & M. Emp. v. Department of Public Institutions, 195 Neb. 253, 237 N.W.2d 841 (1976).

Under former law, members of the Board of Control were constituted a separate class as to salaries. State ex rel. Day v. Hall, 129 Neb. 699, 262 N.W. 850 (1935); State ex rel. Taylor v. Hall, 129 Neb. 669, 262 N.W. 835 (1935).

Constitutional amendment purporting to exclude schools of deaf and blind from jurisdiction of Board of Control was ineffective for failure to comply with constitutional requirements. State ex rel. Hall v. Cline, 118 Neb. 150, 224 N.W. 6 (1929).

IV-20 Public Service Commission; membership; terms; powers.

Reissue Revised Statutes of Nebraska

IV-20

Public Service Commission; membership; terms; powers.

There shall be a Public Service Commission, consisting of not less than three nor more than seven members, as the Legislature shall prescribe, whose term of office shall be six years, and whose compensation shall be fixed by the Legislature. Commissioners shall be elected by districts of substantially equal population as the Legislature shall provide. The powers and duties of such commission shall include the regulation of rates, service and general control of common carriers as the Legislature may provide by law. But, in the absence of specific legislation, the commission shall exercise the powers and perform the duties enumerated in this provision.

Neb. Const. (1906);

Adopted 1906, Laws 1905, c. 233, sec. 2, p. 791;

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 20;

Amended 1962, Laws 1961, c. 251, sec. 1, p. 740;

Amended 1972, Laws 1972, LB 347, sec. 1.

1. Jurisdiction and powers

2. Regulation of rates and service

3. Miscellaneous

1. Jurisdiction and powers

The constitutional provision creating the Public Service Commission must be liberally construed to effectuate the purpose for which the commission was created, which is to serve the public interest. In re Application No. OP-0003, 303 Neb. 872, 932 N.W.2d 653 (2019).

The Public Service Commission is an independent regulatory body created by the Nebraska Constitution under this provision. In re Application No. OP-0003, 303 Neb. 872, 932 N.W.2d 653 (2019).

Absent a supermajority concurrence, the Nebraska Supreme Court could not invalidate a statute giving the Governor authority to approve an interstate oil pipeline carrier’s proposed route through the State and bestow upon the carrier the power to exercise eminent domain, despite the majority’s conclusion that the legislation is facially unconstitutional because it transfers the Public Service Commission’s constitutional powers over common carriers to the Governor. Thompson v. Heineman, 289 Neb. 798, 857 N.W.2d 731 (2015).

The powers enumerated in this provision apply only to common carriers. Nebraska Pub. Serv. Comm. v. Nebraska Pub. Power Dist., 256 Neb. 479, 590 N.W.2d 840 (1999).

A legislative act or statute may constitutionally divest the Public Service Commission of jurisdiction over common carriers to the extent that the Legislature, through specific legislation, has preempted the Public Service Commission in control of common carriers. State ex rel. Spire v. Northwestern Bell Tel. Co., 233 Neb. 262, 445 N.W.2d 284 (1989).

Although the Public Service Commission is an independent regulatory body under the Nebraska Constitution, Public Service Commission jurisdiction to regulate common carriers may be restricted by the Legislature through "specific legislation." State ex rel. Spire v. Northwestern Bell Tel. Co., 233 Neb. 262, 445 N.W.2d 284 (1989).

The Legislature cannot constitutionally divest the Public Service Commission of jurisdiction over a class of common carriers by vesting a governmental agency, body of government, or branch of government, except the Legislature, with control over the class of common carriers. State ex rel. Spire v. Northwestern Bell Tel. Co., 233 Neb. 262, 445 N.W.2d 284 (1989).

While the Legislature may constitutionally occupy a regulatory field, thereby specifically and preemptively excluding the Public Service Commission from some control over a class of common carriers, the Legislature cannot absolutely and totally abandon or abolish constitutionally conferred regulatory control over common carriers. State ex rel. Spire v. Northwestern Bell Tel. Co., 233 Neb. 262, 445 N.W.2d 284 (1989).

The powers of the Public Service Commission are plenary and self-executing and past unauthorized services may be considered by the commission if not prohibited by statute. Groenewold v. Building Movers, Inc., 197 Neb. 187, 247 N.W.2d 629 (1976).

The Public Service Commission has exclusive power and jurisdiction to inquire into complaints concerning telephone rates and where service is woefully inadequate, may require rebates. Myers v. Blair Tel. Co., 194 Neb. 55, 230 N.W.2d 190 (1975).

The powers of the Nebraska Public Service Commission to regulate common carriers hereunder are plenary and self-executing, but where the Legislature enacts specific legislation implementing this section, it is controlling. Dahlsten v. Harris, 191 Neb. 714, 217 N.W.2d 813 (1974).

The Nebraska Public Service Commission is without jurisdiction or authority to fix rates and charges for motor vehicle carriers transporting livestock in intrastate commerce. Livestock Carriers Div. of M.C. Assn. v. Midwest Packers Traf. Assn., 191 Neb. 1, 213 N.W.2d 443 (1973).

Because of plaintiffs' lack of standing, issue of constitutionality is not reached but, in any event, the Metropolitan Transit Authority Act does not prohibit regulation and control by Public Service Commission. Ritums v. Howell, 190 Neb. 503, 209 N.W.2d 160 (1973).

Railway Commission's plenary power to regulate common carriers hereunder extends to new and improved devices, equipment, and methods in telephone service. Radio-Fone, Inc. v. A.T.S. Mobile Telephone, Inc., 187 Neb. 637, 193 N.W.2d 442 (1972).

Railway Commission's powers of enforcement are not limited to injunction authorized by statute in absence of specific legislation to that effect. Nebraska State Railway Commission v. Chicago & N.W. Ry. Co., 187 Neb. 369, 191 N.W.2d 438 (1971).

The fact that the State Railway Commission has certain legislative and judicial powers does not prevent it from being in a broad sense an administrative agency. Yellow Cab Co. v. Nebraska State Railway Commission, 175 Neb. 150, 120 N.W.2d 922 (1963).

Telephone companies are subject to regulation by the State Railway Commission. Block v. Lincoln Tel. & Tel. Co., 170 Neb. 531, 103 N.W.2d 312 (1960).

State Railway Commission has authority to reconsider an order denying a certificate of public convenience and necessity. Miller v. Consolidated Motor Freight, Inc., 168 Neb. 712, 97 N.W.2d 265 (1959).

Pipe line carriers are subject to regulation by State Railway Commission but are not required to obtain certificate of public convenience and necessity under Motor Carrier Act. Toronto Pipe Line Co. v. Camerland Pipelines Co., Inc., 167 Neb. 201, 92 N.W.2d 554 (1958).

Specific legislation controls over general powers of commission. Edgar v. Wheeler Transport Service, Inc., 157 Neb. 1, 58 N.W.2d 496 (1953).

Motor Carrier Act was specific legislation limiting plenary power of commission. In re Application of Richling, 154 Neb. 108, 47 N.W.2d 413 (1951).

Transfer of jurisdiction over common carriers by air from State Railway Commission to Department of Aeronautics was unconstitutional. State ex rel. State Railway Commission v. Ramsey, 151 Neb. 333, 37 N.W.2d 502 (1949).

Legislature may properly enact specific legislation limiting the scope of the commission's powers. Union Transfer Co. v. Bee Line Motor Freight, 150 Neb. 280, 34 N.W.2d 363 (1948).

State Railway Commission has original jurisdiction to grant or deny certificate of convenience and necessity to common carrier. In re Application of Effenberger, 150 Neb. 13, 33 N.W.2d 296 (1948).

Legislative act may deprive the Nebraska State Railway Commission of any power to act to extent that it occupies the field. State v. Chicago & N.W. Ry. Co., 147 Neb. 970, 25 N.W.2d 824 (1947).

The State Railway Commission is a constitutionally created body, as distinguished from an executive department or commission created by the Legislature. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).

Nebraska State Railway Commission is a constitutionally created body endowed with powers and duties. In re Application of Hergott, 145 Neb. 100, 15 N.W.2d 418 (1944).

State Railway Commission has power to determine properly presented issues on application of railroad company to discontinue passenger trains on branch line, and, on appeal to Supreme Court, the question for determination is the sufficiency of the evidence to prove that the order is not unreasonable or arbitrary. In re Application of Chicago, B. & Q. R. R. Co., 138 Neb. 767, 295 N.W. 389 (1940).

Railway Commission has sole power to grant, deny, amend, transfer or revoke certificate of convenience and necessity for the operation of a bus line. Marconnit v. Effenberger, 135 Neb. 564, 283 N.W. 226 (1939); Effenberger v. Marconnit, 135 Neb. 558, 283 N.W. 223 (1939).

Legislature may delegate power to Railway Commission to regulate contract carriers where public may not continue to have safe and dependable transportation system unless contract carriers are brought under just and reasonable regulations bringing their service into relation with common carriers. Rodgers v. Nebraska State Railway Commission, 134 Neb. 832, 279 N.W. 800 (1938).

State Railway Commission is without power to prevent railroad company from leasing portions of its private right-of-way to certain persons for private lumber yards and deny same privilege to others where demised premises are not railroad transportation facilities devoted or necessary to public use. Johnson v. Union Pac. R. R. Co., 133 Neb. 243, 274 N.W. 581 (1937).

State Railway Commission has power to make award of damages against railroad company for exacting over charge from shipper. Central Bridge & Construction Co. v. Chicago & N. W. Ry. Co., 129 Neb. 726, 262 N.W. 852 (1935).

In reviewing orders of Railway Commission which require exercise of legislative authority, the courts can only determine the limitation of power and reasonableness of the regulation. Central Bridge & Construction Co. v. Chicago & N. W. Ry. Co., 128 Neb. 779, 260 N.W. 172 (1935).

Taxicab companies are common carriers and under jurisdiction of Railway Commission in absence of specific legislation. In re Yellow Cab & Baggage Co., 126 Neb. 138, 253 N.W. 80 (1934).

Railway Commission has jurisdiction over street railways in cities. Omaha & C. B. St. Ry. Co. v. City of Omaha, 125 Neb. 825, 252 N.W. 407 (1934).

Resolution of commission requiring motor carrier to deposit liability insurance or other security is not in excess of powers. Petersen v. Beal, 121 Neb. 348, 237 N.W. 146 (1931).

Power to regulate and control telephone companies is subject to general constitutional limitations, but includes power to order connection of systems. Blackledge v. Farmers' Ind. Tel. Co. of Red Cloud, 105 Neb. 713, 181 N.W. 709 (1921).

Railway Commission has jurisdiction over irrigation companies and may inquire into, regulate and fix water rates. McCook Irrigation & Water Power Co. v. Burtless, 98 Neb. 141, 152 N.W. 334 (1915).

When parties fail to agree, Railway Commission may prescribe terms and conditions of connection, use of lines, and apportionment of expense. Hooper Tel. Co. v. Nebraska Tel. Co., 96 Neb. 245, 147 N.W. 674 (1914).

Power to regulate includes street railway companies. Herpolsheimer Co. v. Lincoln Traction Co., 96 Neb. 154, 147 N.W. 206 (1914), 147 N.W. 1114 (1914), rehearing denied, 97 Neb. 113, 149 N.W. 326 (1914).

Power extends over all railroads and within municipalities. Chicago, R. I. & P. Ry. Co. v. Nebraska State Railway Commission, 89 Neb. 853, 132 N.W. 409 (1911).

2. Regulation of rates and service

The Nebraska Public Service Commission is without jurisdiction or authority to fix rates and charges for motor vehicle carriers transporting livestock in intrastate commerce. Livestock Carriers Div. of M.C. Assn. v. Midwest Packers Traf. Assn., 191 Neb. 1, 213 N.W.2d 443 (1973).

There being no specific legislation to the contrary, this provision is sufficiently broad to authorize the State Railway Commission to fix joint line rates. Howard McLean Co. v. Chicago, B. & Q. R.R. Co., 187 Neb. 30, 187 N.W.2d 300 (1971).

State Railway Commission is clothed with power to hold hearings and establish rates for common carriers in intrastate commerce. Erickson v. Metropolitan Utilities Dist., 171 Neb. 654, 107 N.W.2d 324 (1961).

State Railway Commission has power to regulate rates of telephone companies. City of Scottsbluff v. United Telephone Co. of the West, 171 Neb. 229, 106 N.W.2d 12 (1960).

State Railway Commission has jurisdiction over regulation of rates and service of motor carriers. Strasheim v. Martin, 169 Neb. 787, 101 N.W.2d 161 (1960).

Powers of State Railway Commission do not include regulation of rates of private carriers. City of Bayard v. North Central Gas Co., 164 Neb. 819, 83 N.W.2d 861 (1957).

State Railway Commission had power to consider and determine the issues with respect to discontinuance of motor passenger train service on branch line of railroad. In re Application of Chicago, Burlington & Quincy R. R. Co., 152 Neb. 367, 41 N.W.2d 165 (1950); In re Application of Chicago, Burlington & Quincy R. R. Co., 152 Neb. 352, 41 N.W.2d 157 (1950).

State Railway Commission has power to make rules and regulations for administration of Motor Carrier Act. In re Application of Neylon, 151 Neb. 587, 38 N.W.2d 552 (1949).

Legislature has right to prescribe how commission shall proceed and what authority it may exercise in regulating common carriers. Chicago & N. W. Ry. Co. v. County Board of Dodge County, 148 Neb. 648, 28 N.W.2d 396 (1947).

The grant or refusal of a certificate of convenience and necessity to a motor carrier is within the constitutional authority of the State Railway Commission. Moritz v. State Railway Commission, 147 Neb. 400, 23 N.W.2d 545 (1946).

State Railway Commission may make different intrastate freight rates from the initial shipping point to different places in the same switching district at the station to which shipments are consigned, where difference in conditions so warrants. Shields Co. v. Chicago, B. & Q. R. R. Co., 133 Neb. 722, 276 N.W. 925 (1938).

State Railway Commission has plenary jurisdiction over the rates, service and regulation of common carriers. Furstenberg v. Omaha & C. B. St. Ry. Co., 132 Neb. 562, 272 N.W. 756 (1937).

Telephone companies are subject to Railway Commission's reasonable orders on due hearings as to rates and time and manner of service. Farmers & Merchants Tel. Co. of Alma v. Orleans Community Club, 116 Neb. 633, 218 N.W. 583 (1928).

Railway Commission, in absence of specific legislation limiting power, has under this section all power in regulation of rates and service, and general control, that the people themselves could exercise. Omaha & C. B. St. Ry. Co. v. Nebraska State Ry. Com., 103 Neb. 695, 173 N.W. 690 (1919); In re Lincoln Traction Co., 103 Neb. 229, 171 N.W. 192 (1919).

When question is whether community or locality is properly served, not only question of rates are involved, but other questions and conditions peculiarly within province of Railway Commission. Rivett Lumber & Coal Co. of Benson v. Chicago & N. W. Ry. Co., 102 Neb. 492, 167 N.W. 570 (1918).

Railway Commission has power to regulate rates and service within municipalities, and municipality is not empowered to contract with telephone company so as to deprive commission of right to regulate. Marquis v. Polk County Tel. Co., 100 Neb. 140, 158 N.W. 927 (1916).

Railway Commission can fix rates only in absence of specific legislation. State ex rel. Missouri P. R. Co. v. Clarke, 98 Neb. 566, 153 N.W. 623 (1915).

State Railway Commission had jurisdiction to regulate intrastate business use and charges therefor of team tracks on railroad's belt line in city of Omaha. Missouri Pac. R. R. Corp. v. Nebraska State Ry. Commission, 65 F.2d 557 (8th Cir. 1933).

Rates are within rule-making power of State Railway Commission. Mogis v. Lyman-Richey Sand & Gravel Corp., 90 F.Supp. 251 (D. Neb. 1950).

3. Miscellaneous

Railway commissioner was eligible for office of State Treasurer. Swanson v. Sorensen, 181 Neb. 312, 148 N.W.2d 197 (1967).

Where the Legislature enacts specific legislation implementing this section, such legislation is controlling. Sherdon v. American Communication Co., 178 Neb. 454, 134 N.W.2d 42 (1965).

Public power districts are not common carriers. Consumers P. P. Dist. v. Twin Valleys P. P. Dist., 172 Neb. 315, 109 N.W.2d 372 (1961).

State Railway Commission is subject to and governed by specific legislation. Neuswanger v. Houk, 170 Neb. 670, 104 N.W.2d 235 (1960).

Legislature has, by specific legislation, regulated common carriers by motor vehicle. R. B. "Dick" Wilson, Inc. v. Hargleroad, 165 Neb. 468, 86 N.W.2d 177 (1957).

While this section does not contain provisions pertaining to eligibility, the Legislature may make reasonable restrictions upon eligibility to hold office of member of State Railway Commission. State ex rel. Quinn v. Marsh, 141 Neb. 436, 3 N.W.2d 892 (1942).

One not admitted to the bar is not authorized to engage in the practice of the law before the Nebraska State Railway Commission. State ex rel. Johnson v. Childe, 139 Neb. 91, 295 N.W. 381 (1941).

Members of Railway Commission are constituted a separate class in fixing salary. State ex rel. Taylor v. Hall, 129 Neb. 669, 262 N.W. 835 (1935).

A State Railway Commissioner is not required to give an official bond. State ex rel. Shields v. Hall, 103 Neb. 17, 170 N.W. 173 (1918).

IV-21 Repealed 1972. Laws 1972, LB 302, sec. 1.

Reissue Revised Statutes of Nebraska

IV-21

Repealed 1972. Laws 1972, LB 302, sec. 1.

IV-22 Executive officials to keep accounts; reports; false reports, penalty.

Reissue Revised Statutes of Nebraska

IV-22

Executive officials to keep accounts; reports; false reports, penalty.

The Legislature shall provide by statute for the keeping of accounts and the reporting by those agencies of the state which are required to administer cash funds not subject to appropriation by the Legislature, and an annual report thereof shall be made to the Governor under oath; and any officer who makes a false report shall be guilty of perjury and punished accordingly.

Neb. Const. art. V, sec. 21 (1875);

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 22;

Amended 1964, Laws 1963, c. 302, sec. 2(2), p. 895.

This section applies to all officers of public institutions. Moore v. State, 53 Neb. 831, 74 N.W. 319 (1898).

IV-23 Executive officials and heads of institutions; reports to Legislature; information from expending agencies.

Reissue Revised Statutes of Nebraska

IV-23

Executive officials and heads of institutions; reports to Legislature; information from expending agencies.

All expending agencies of the state as the Legislature may provide shall at least ten days preceding each regular session of the Legislature severally report to the Governor, who shall transmit such reports to the Legislature, together with the reports of the Judges of the Supreme Court of defects in the constitution and laws, and the Governor or the Legislature may at any time require information, in writing, under oath, from the officers of all expending agencies, upon any subject relating to the condition, management and expenses of their respective offices.

Neb. Const. art. V, sec. 22 (1875);

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 23;

Amended 1964, Laws 1963, c. 302, sec. 2(2), p. 895.

Amendment to Habitual Criminal Act was enacted as result of report of Judges to Legislature of defects in the Constitution and laws. Haffke v. State, 149 Neb. 83, 30 N.W.2d 462 (1948).

IV-24 Great seal.

Reissue Revised Statutes of Nebraska

IV-24

Great seal.

There shall be a seal of the state, which shall be called the "Great Seal of the State of Nebraska," which shall be kept by the Secretary of State and used by him officially as directed by law.

Neb. Const. art. V, sec. 23 (1875);

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 24.

IV-25 Salaries of officials; fees.

Reissue Revised Statutes of Nebraska

IV-25

Salaries of officials; fees.

The officers provided for in this article shall receive such salaries as may be provided by law. Such officers, or such other officers as may be provided for by law, shall not receive for their own use any fees, costs, or interest upon public money in their hands. All fees that may hereafter be payable by law for services performed, or received by an officer provided for in this article, by virtue of his office shall be paid forthwith into the state treasury.

Neb. Const. art. V, sec. 24 (1875);

Amended 1920, Constitutional Convention, 1919-1920, No. 13;

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 25;

Amended 1956, Laws 1955, c. 193, sec. 1, p. 555.

Under former law, salary of executive officer could not be changed more than once in eight years. State ex rel. Laughlin v. Johnson, 156 Neb. 671, 57 N.W.2d 531 (1953).

County officer is required to perform the duties of his office for the compensation allowed him by statute. Hoctor v. State, 141 Neb. 329, 3 N.W.2d 558 (1942).

During temporary absence of Governor from state, Lieutenant Governor is entitled only to salary fixed by law for the office of Lieutenant Governor and not for office of Governor. Johnson v. Johnson, 141 Neb. 239, 3 N.W.2d 414 (1942).

Salary of State Railway Commissioner is subject to garnishment under statute in force at time he was candidate and elected to office. Department of Banking v. Foe, 136 Neb. 422, 286 N.W. 264 (1939).

Nebraska State Board of Agriculture was not a public agency so as to require funds to be paid into state treasury. Crete Mills v. Nebraska State Board of Agriculture, 132 Neb. 244, 271 N.W. 684 (1937).

Act providing for refunding of excess grain inspection fees is not in conflict herewith. Bollen v. Price, 129 Neb. 342, 261 N.W. 689 (1935).

Occupancy by Governor of mansion provided by state is not a perquisite of office or other compensation. State v. Sheldon, 78 Neb. 552, 111 N.W. 372 (1907).

Constitution modified all previous statutes so as to require all fees to be paid in advance into the treasury. State v. Home Insurance Co., 59 Neb. 524, 81 N.W. 443 (1900); State v. Moore, 56 Neb. 82, 76 N.W. 474 (1898); Moore v. State, 53 Neb. 831, 74 N.W. 319 (1898).

IV-26 Officials to give bonds.

Reissue Revised Statutes of Nebraska

IV-26

Officials to give bonds.

All officers of government shall give bond as may be prescribed by law.

Neb. Const. art. V, sec. 25 (1875);

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 26;

Amended 1964, Laws 1963, c. 302, sec. 2(2), p. 895.

Bond required of public officers by Constitution may be defined as a contractual obligation that such officer will faithfully discharge the duties of his office. Laverty v. Cochran, 132 Neb. 118, 271 N.W. 354 (1936).

IV-27 Executive offices; creation of.

Reissue Revised Statutes of Nebraska

IV-27

Executive offices; creation of.

No executive state office other than herein provided shall be created except by a two-thirds majority of all members elected to the Legislature.

Neb. Const. art. V, sec. 26 (1875);

Amended 1920, Constitutional Convention, 1919-1920, No. 13;

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 27;

Amended 1972, Laws 1971, LB 341, sec. 1.

Merit System Act did not create an executive state office. Sommerville v. Johnson, 149 Neb. 167, 30 N.W.2d 577 (1948).

Member of Nebraska Liquor Control Commission is not the head of an executive department. State ex rel. Johnson v. Chase, 147 Neb. 758, 25 N.W.2d 1 (1946).

Subject to the limitations of this section, the Legislature has power to create new executive state departments and executive state officers as heads thereof. State ex rel. Howard v. Marsh, 146 Neb. 750, 21 N.W.2d 503 (1946).

Department of Industrial Development was an executive office which required two-thirds vote to create. Mekota v. State Board of Equalization & Assessment, 146 Neb. 370, 19 N.W.2d 633 (1945).

Power to create or continue an office is vested in the legislative department of government, subject to constitutional restrictions. Swanson v. State, 132 Neb. 82, 271 N.W. 264 (1937).

IV-28 Tax Equalization and Review Commission; members; powers; Tax Commissioner; powers.

Reissue Revised Statutes of Nebraska

IV-28

Tax Equalization and Review Commission; members; powers; Tax Commissioner; powers.

By January 1, 1997, there shall be a Tax Equalization and Review Commission. The members of the commission shall be appointed by the Governor as provided by law. The commission shall have power to review and equalize assessments of property for taxation within the state and shall have such other powers and perform such other duties as the Legislature may provide. The terms of office and compensation of members of the commission shall be as provided by law.

A Tax Commissioner shall be appointed by the Governor with the approval of the Legislature. The Tax Commissioner may have jurisdiction over the administration of the revenue laws of the state and such other duties and powers as provided by law. The Tax Commissioner shall serve at the pleasure of the Governor.

Neb. Const. art. V, sec. 27 (1920);

Adopted 1920, Constitutional Convention, 1919-1920, No. 14;

Transferred by Constitutional Convention, 1919-1920, art. IV, sec. 28;

Amended 1996, Laws 1995, LR 3CA, sec. 1.

Power to hold examinations of applicants for certification as county assessors and determine qualifications is granted by this section, dependent only on implementing legislative action. Shear v. County Board of Commissioners, 187 Neb. 849, 195 N.W.2d 151 (1972).

Authority and power of State Board of Equalization and Assessment noted. In re Valuation and Equalization, 182 Neb. 621, 156 N.W.2d 728 (1968).

Section is self-executing, and together with statute, constitutes Tax Commissioner an administrative agency to enforce revenue laws. State v. Odd Fellows Hall Assn., 123 Neb. 440, 243 N.W. 616 (1932).

Where Auditor of Public Accounts certified appropriation as reduced by unauthorized veto, review of action of State Board of Equalization and Assessment was not confined to writ of error. Elmen v. State Board of Equalization and Assessment, 120 Neb. 141, 231 N.W. 772 (1930).

State Supreme Court on appeal from decision of State Board of Equalization in proceedings involving valuation and assessment of railroad property for taxation acts in judicial, and not in administrative capacity. Chicago & N. W. Ry. Co. v. Bauman, 69 F.2d 171 (8th Cir. 1934).